PUBLIC HEARING – TOWN OF
And
PROPOSED ZONING AMENDMENTS
FOR 2005
TOWN OFFICES –
The regular monthly meeting of the Dunbarton Planning Board in conjunction with the Public Hearing for the Adoption of the Dunbarton 2004 Master Plan and Proposed Zoning Amendments for 2005 was held at the above time, date and place with Co-Chairman Brian Nordle presiding. The following members were present:
Brian Nordle, Co-Chairman
Alison Vallieres, Secretary
Mert Mann, Selectman
Kenneth Swayze, Admin., Planning
and Zoning Dept.
George Holt
David Breault, Alternate
The
Acting Chairman of the Dunbarton Planning Board, Brian Nordle confirmed with
the Secretary that the Meeting Public Notice had been posted in accordance with
State Law in three public places throughout the Town and published in the
Concord Monitor for one day. In addition,
the Public Notice appeared on the Dunbarton Web Page.
Approval of Previous Meeting Minutes:
Wednesday, December 15, 2004: The following amendments were made to the
Wednesday, December 15, 2004 minutes. .
(words underlined are added to the minutes)
1.
Ken Swayze stated that the motion which he made on page 7, first
paragraph MOTION reference to GPS Proposed Subdivision should state that “the
applicant, the Road Agent and the Selectmen” can get together to
determine what the requirements for road improvements shall be.
2.
David Breault made the following amendments to the minutes of December
15, 2004, Page 2, Paragraph 4, Change
to: David Breault stated he was
concerned about what is “coming down the road”, but we can only discuss
and decide on the plan that is in front of us.
We have no idea what the applicant has in mind for future plans.
Page 3, Paragraph 15, Change to: If they have access to their land off Black Brook
road, do we have to allow them this access? The applicant should use access off of the
class 5 roads they have frontage on.
Page 5, Paragraph 14: Change to: David Breault stated his big concern is
that we are granting access another way.
They could still come through that driveway through private property when there is access
from other means. Other means being land
with frontage on Black Brook or Route 13.
Page 6, under Discussion: heading:
Add the following: David
Breault stated that this plan is not a good idea when applicant has access on
class five roads. The Planning Board is
not in the business of making development as inexpensive for applicants as
possible.
7:00 P.M. – PUBLIC HEARING FOR THE ADOPTION OF THE DUNBARTON 2004 MASTER PLAN
Stephanie Alexander, Central New Hampshire Regional
Planning Commission, was present for the Public Hearing to accept the Dunbarton
2004 Master Plan.
Brian Nordle, Co-Chairman and Acting Chairman of the
Planning Board opened the Public Hearing by reading the Purpose of a Master
Plan from the Introduction Chapter as follows:
“The purpose of a municipal Master Plan, as stated
in the New Hampshire Revised Statutes Annotated (RSA) 674:2, is to describe the
“Planning Board’s recommendations for the desirable development” of the
Town. The information compiled for the
Master Plan should include sections on a general statement of the intentions of
the Master Plan, land use, housing, transportation, utilities, community
intentions of the Master Plan, land use, housing, transportation, utilities,
community facilities, recreation, conservation and preservation, and
construction materials. The public in
invited by the Planning Board to participate in the process. A Master Plan is typically updated every five
to seven years. The Town’s Master Plan
is the basis upon which the Zoning Ordinance, Site Plan Review Regulations, and
Subdivision Regulations are written and revised.”
Brian stated that we held a Visioning Session in January 2004 and then broke into separate sub-committees and started the process. We held meetings on each chapter. All chapters held at least five meetings. A Public Hearing by the Planning Board was held on each final chapter. This Public Hearing is for the Final Draft of the Master Plan. We feel that it is basically complete and subject to typo changes and not context changes. He stated that any major or context changes to any of the Chapters would require another Public Hearing for acceptance. Any major changes would have to be well founded.
There are representatives from almost all Chapters
present this evening to explain their chapter.
At this point, the Acting Chairman stated that David Breault would be a voting member of the Planning Board this evening in lieu of Michael Poirier. All Planning Board members present would be voting members this evening.
THE DUNBARTON PLANNING BOARD HELD THE FOLLOWING PUBLIC HEARINGS ON EACH INDIVIDUAL CHAPTER OF THE DUNBARTON MASTER PLAN:
Public Hearing to adopt Chapter I, Introduction
of the 2004 Dunbarton Master Plan
MOTION:
Ken Swayze made a motion that the Dunbarton Planning
Board open the Public Hearing for the Master Plan Chapter I –
Introduction. The motion was seconded by
George Holt. The motion passed
unanimously.
Comments from the Public re Chapter I –
Introduction:
NONE
MOTION:
Mert Mann made a motion that the Dunbarton Planning
Board adopt Chapter I – Introduction of the Master Plan as presented. The motion was seconded by Ken Swayze. The motion passed unanimously.
Public Hearing to adopt Chapter II, Master Plan
Vision, of the 2004 Dunbarton Master Plan
Brian Nordle read the Vision Chapter’s Goals and Principals as printed in the Chapter as follows:
1.
Preserve Dunbarton’s cultural and historic resources including its
structures, sites, and artifacts.
2.
Utilize population and economics data when developing public policy for
the Town
3. Encourage housing that serves to protect the character of Dunbarton and that supports income and age diversity.
4.
Increase the level of protection of natural resources to conserve
Dunbarton’s natural legacy.
Community and Recreational
Facilities with Utilities Goal
5.
Pursue funding for the future expansion of, and plan for the
anticipated growth of, facilities and services that will meet the needs of all
Town residents.
Transportation Goal
6.
Provide safe and efficient roadways that also maintain Dunbarton’s
rural and historic character.
Existing and Future Land Use
Goal
7.
Preserve the rural character of Dunbarton through innovative zoning
techniques.
Regional Concerns Goal
8.
Foster an awareness of regional issues and take appropriate proactive
action where necessary.
He also read the
recommendations from each Chapter which are including within the Visioning
Chapter.
MOTION:
Mert Mann made a motion to
open the Public Hearing for the Visioning Chapter II of the Master Plan. George Holt seconded the motion. The motion passed unanimously.
Comments from the Public re
Chapter II, Visioning Chapter of the Master Plan:
NONE
MOTION:
Kenneth Swayze made a motion
that the Dunbarton Planning Board adopt Chapter II, Visioning Chapter of the
Dunbarton Master Plan. David Breault
seconded the motion. The motion passed
unanimously.
Public Hearing to adopt Chapter III, Historic and Cultural Resources, of the 2004 Dunbarton Master Plan
Patty
Shearin was present as the Sub-Committee Chairman of the Historic and Cultural
Resources Committee.
She
explained the process with which the recommendations and goals were arrived
at. She stated the Committee was very
lucky to have two historical groups (Historical Society and the Historical
Awareness Committee) within the Town to
serve on the Committee. Stated there
were considerable historic resources in the community. Historic resources are very important to the
residents. Historic sites have been
compiled on a map which was prepared by Harlan Noyes and will be included in
the Master Plan.
She stated
that the Community Survey showed there was considerable interest and concern
for historic properties and values within the Town. The Committee was interested in protecting
historic properties without infringing on property owner’s rights. The Committee was successful in doing this.
MOTION:
Ken Swayze made a motion to
open the Public Hearing for Chapter III, Historic and Cultural Resources. Mert Mann seconded the motion. The motion passed unanimously.
Comments from the Public re Chapter III, Historic and Cultural Resources:
Wayne Bracy
asked how many historical sites were in Dunbarton and were any thoughts given
about putting any on the National Register.
Patty
Shearin stated that one of the recommendations was to submit applications to
the National Register of Historic Places for historic sites such as Robert
Rogers Homesite, Stark Mansion and the Stark Cemetery. She stated that the Molly Stark House owners
are pursuing putting their home on the National Register themselves.
Alison
Vallieres noted one of the proofreading changes was on page 13 in the name of
the statute which was donated by the Allen’s.
The name of the person is Caleb Stark and not Caleb Page.
MOTION:
Ken Swayze made a motion to
adopt Chapter III, Historic and Cultural Resources with the change as suggested
re the name of the Statute. David
Breault seconded the motion. The motion
passed unanimously.
Public Hearing to adopt Chapter IV, Population and Economics, of the 2004 Dunbarton Master Plan.
Brian Nordle, Acting Chairman, stated that Jeff Trexler was the Chairman of the Sub-Committee for the Population and Economics Chapter but he was not present this evening. Brian Nordle stated that the Chapter consisted of considerable data information regarding population, etc.
MOTION:
Mert Mann made a motion to open the Public Hearing
on Chapter IV, Population and Economics.
Ken Swayze seconded the motion.
The motion passed unanimously.
Comments from the Public re Chapter IV, Population
and Economics:
MOTION:
Ken Swayze made a motion to adopt Chapter IV,
Population and Economics. Mert Mann
seconded the motion. The motion passed
unanimously.
Public Hearing to adopt Chapter V, Housing, of the 2004 Dunbarton Master Plan.
David Breault, Chairman of the Housing Sub-Committee
explained the Chapter to the Board and public.
He noted there was considerable statistics within the Chapter relating
to housing and population. Stated the
Town of Dunbarton is between two larger towns, Weare and Goffstown. Noted the sub-committee looked into emergency
housing and low income housing and discussed possibilities of future needs for
that kind of housing.
MOTION:
Mert Mann made a motion to open the Public Hearing on Chapter V. Housing. Ken Swayze seconded the motion. The motion passed unanimously.
Comments from the Public re Chapter V, Housing:
Brian Nordle noted there is a diversity of housing within Dunbarton. Land values are accelerating. Looked into available and affordable housing. Tried to have children be able to stay within the Town. It would benefit the Town greatly.
MOTION:
Ken Swayze made a motion to adopt Chapter V,
Housing. Mert Mann seconded the
motion. The motion passed unanimously.
Public Hearing to adopt Chapter VI, Natural Resources, of the 2004 Dunbarton Master Plan.
Margaret
Watkins, Chairman of the Sub-Committee on Natural Resources Chapter of the Master
Plan explained the Chapter to the Board and the public. She stated the results of the Community
Survey showed that residents were concerned about wetlands and Natural
Resources. 84% of the people surveyed
felt wetlands protection was important.
The first recommendation was to increase the level of protection for
water systems including, but not limited to, ponds, streams and wetlands. Another recommendation was to locate
important wildlife habitat, plant communities and wildlife corridors on maps
that are important for maintaining biodiversity. Also recommendations to minimize impacts on
water resources by future developments.
Protecting scenic vistas was also a recommendation. Another recommendation was to identify
parcels and support acquisition of conservation lands, whether by conservation
easement or fee acquisition on the part of the town or other public or
nonprofit conservation entities.
MOTION:
Ken Swayze made a motion to
open the Public Hearing for Chapter VI, Natural Resources. Mert Mann seconded the motion. The motion passed unanimously.
Comments from the Public re Chapter VI, Natural Resources:
At this
point in the Public Hearing, George Holt presented a change to page 12, last
paragraph of the Natural Resources Chapter to read as follows: (words in bold are added to the
paragraph)
“Dunbarton’s
Wetlands Conservation District (WCD) is the only local regulation affecting
wetlands and is
defined as the following great ponds and brooks, and their contiguous wetland
soils: Gorham Pond, Purgatory Pond,
Kimball Pond, Long Pond, Harry Brook, Gorham Brook, Black Brook, Bela Brook,
and Purgatory Brook.” (bold words
replace the following words: Protects
wetlands associated with the Town’s five Great Ponds and the brooks associated
with them and cited above. )
Mert Mann
asked why are we asking for this change at this late date. Why not a month or two ago?
George also noted that he did
not see any names of Brooks on the Surface Water Map. This was brought to Stephanie Alexander’s
attention.
Brian
Nordle noted that he didn’t see this as a major change.
At this
point, Alison Vallieres asked if this changes the way the Zoning Ordinance
reads with regard to the Wetlands Conservation District. She noted this is already listed in the
Zoning Ordinance with this wording.
MOTION:
David Breault made a motion
that the paragraph as presented by George Holt be included within the Master
Plan in place of the last paragraph on page 12.
The motion was seconded by George Holt.
The motion failed with the following vote:
Mann – No
Vallieres – No
Swayze – No
Breault – Yes
Holt – Yes
MOTION:
Mert Mann made a motion to
adopt Chapter VI, Natural Resources. Ken
Swayze seconded the motion. The motion
passed by a majority with the following vote:
Mann – Yes
Vallieres – Yes
Swayze – Yes
Breault – Yes
Holt – Abstained
Public Hearing to adopt Chapter VII, Community and
Recreational Facilities with Utilities, of the 2004 Dunbarton Master Plan.
Charles (Chuck) Graybill, Co-Chair of the Community and Recreational Facilities Sub-Committee appeared before the Board.
He stated that on page 38 of the Chapter regarding Electricity, an error had been picked up during the proofreading process. He noted that Unitil is not the primary provider of electricity for Dunbarton. Public Service Company of New Hampshire is the primary provider. The entire paragraph should be taken out and replaced with a paragraph concerning Public Service of New Hampshire. This fact was brought to Stephanie Alexander’s attention.
He stated the entire community was canvassed and had a good response from the Town and the school. We asked all Town Departments to tell us their concerns. The concerns were to be able to meet future needs including utilities. This Chapter leads into the CIP Program where we can put together a long range plan.
Les Hammond asked how long for the plan to be implemented.
C. Graybill noted it would be a six year plan, with about a year or two to put the plan in place.
MOTION:
Ken Swayze made a motion that the Public Hearing
for Chapter VII, Community and Recreational Facilities with Utilities be
opened. Mert Mann seconded the
motion. The motion passed unanimously.
Comments from the Public re Chapter VII,
Community and Recreational Facilities with Utilities:
NONE
There was no discussion from the Planning Board.
MOTION:
Mert Mann made a motion to adopt Chapter VII,
Community and Recreational Facilities with Utilities with the changes as
suggested. Ken Swayze seconded the
motion. The motion passed unanimously.
Public Hearing to adopt
Chapter VIII, Transportation, of the 2004 Dunbarton Master Plan.
George Holt explained the Transportation Chapter because John Trottier, Chairman of the Transportation Sub-Committee was not present. He stated that the majority of the residents in Dunbarton want to see that Scenic Roads are preserved and the Transportation Committee followed that view. One recommendation was to maintain Scenic Roads. Want to keep the rural feel for the roadways. When people drive thought Town, they want to maintain the rural character. Recommend flexible road standards for scenic road versus subdivision roads. Recommend a Management Plan for existing road system. Would like a roadway surface management plan. Predominant focus is for preserving the rural character of the Town.
MOTION:
Ken Swayze made a motion to open the Public Hearing
for Chapter VIII, Transportation. Mert
Mann seconded the motion. The motion
passed unanimously.
Comments from the Public re Chapter VIII,
Transportation:
Margaret Watkins asked if the Sub-committee decided what “rural character” meant.
George Holt stated that “rural character” was bounced around all throughout the Master Plan process. Did not define it in the Chapter. One of the recommendations was that the Road Agent position be changed to that of a municipal employee.
Ron Slocum asked what benefit that gives the community?
G. Holt stated that it would give the Selectmen more authority over the Road Agent.
Ron Slocum asked if the Board of Selectmen has control over the Road Agent? What is the relationship between the Road Agent and the Board of Selectmen?
Lori Davis stated that the Selectmen have authority over the Road Agent according to the RSA’s. The Selectmen do have the power to remove the Road Agent, and it is within their jurisdiction to do so if they feel it is necessary.
Board received correspondence regarding the status of Powell Road. (attached)
Charles Graybill stated that Powell Lane is a Class V Road and only goes to the residence and is then discontinued. This has nothing to do with this.
MOTION:
Ken Swayze made a motion to adopt Chapter VIII, Transportation. David Breault seconded the motion. The motion passed unanimously.
Public Hearing to adopt Chapter IX, Existing and
Future Land Use, of the 2004 Dunbarton Master Plan.
Lee Richmond, Chairman, Land Use Sub-committee appeared before the Board and explained the Chapter. Stated this was a very strong and committed sub-committee.
The most overwhelming objective of this
sub-committee was to maintain the “rural character” of Dunbarton and came up
with a list of recommendations to do it.
Present “cookie cutter” subdivisions of five and three acre lots result
in suburban bloat or “urban sprawl”. The
committee tried to encourage innovative zoning such as the golf course project
where there is “cluster housing”. We
could allow a few extra dwellings and encourage developers to take advantage of
incentives to preserve the rural character by clustering homes. We recommended eliminating the Manufactured
Housing District because it no longer applies.
Manufactured housing can occur anywhere throughout the Town. Talked about Gorham Pond and making it a
higher density district. We need to make
sure it doesn’t pollute the pond. Talked
about acquiring more conservation lands.
Need affordable multi-family housing.
Recommending preliminary applications to the Planning Board to cut
through a lot of paperwork.
George Holt completed a build-out study for
Dunbarton. George noted that the
build-out study estimates there will be a potential of 7,000 people at maximum
build-out. There is no time frame for
the maximum build-out because it depends on the economy and other factors. The formula for the build-out study takes all
lots that have a potential for being subdivided and breaking them up into the
maximum number of lots allowed at this time.
MOTION:
Ken Swayze made a motion to open the Public Hearing
for Chapter IX, Existing and Future Land Use.
The motion was seconded by Mert Mann.
The motion passed unanimously.
Comments from the Public re Chapter IX,
Existing and Future Land Use:
Les Hammond asked if everyone was working with the same figures for the build-out study.
George Holt stated they used existing data from the Office of State Planning/Department of Energy. There is no magical number. There are parcels that could go into conservation land. There is no projection when we would reach total build-out.
Brett St. Claire asked about the prediction that by the next ten years we are going to be built-out. If we knew this, then we could plan on community facilities.
The Board indicated we don’t know when the Town will be built-out. Need more detailed studies to be done in the future.
Lee Richmond stated that with the present subdivision regulations, not providing for cluster development, means there will be houses in the front and the fields will be gone. Everyone thinks of the rural character as the wide open fields they are seeing now. We could set the house back from the road thus allowing the open fields to remain. There should be some incentives for keeping the open fields. Slowly our rural character is changing.
Margaret Watkins stated that when you allow the building to occur in the back, you are then cutting into wildlife habitat.
George Holt stated that the Brown Property is not shown on the topo map.
MOTION:
Mert Mann made a motion to adopt Chapter IX,
Existing and Future Land Use. David
Breault seconded the motion. The motion
passed unanimously.
At this point in the Public Hearing process, Brian Nordle stated that Stephanie Alexander had agreed to write and explain Chapter X, Regional Concerns , Chapter XI. Implementation, and Chapter XII, Appendix.
Public Hearing to adopt
Chapter X., Regional Concerns, of the 2004 Dunbarton Master Plan.
Stephanie Alexander
explained the Chapter on Regional Concerns.
MOTION:
Ken Swayze made a motion to open the Public Hearing
on Chapter X, Regional Concerns. Mert
Mann seconded the motion. The motion
passed unanimously.
Comments from the Public re Chapter X,
Regional Concerns:
Lee Richmond stated that I-93 is an issue, and we should be paying attention to it.
Margaret Watkins stated the State will be offering classes and there is money for funding for the classes so we can be present and aware.
MOTION:
Ken Swayze made a motion to adopt Chapter X,
Regional Concerns. Mert Mann seconded
the motion. The motion passed unanimously.
Public Hearing to adopt
Chapter XI, Implementation, of the 2004 Dunbarton Master Plan.
Stephanie Alexander explained the Implementation
Chapter and how it should work. There
are recommendations listed with dates and dollar amounts.
MOTION:
Ken Swayze made a motion to open the Public Hearing
on Chapter XI, Implementation. Mert Mann
seconded the motion. The motion passed
unanimously.
Comments from the Public re Chapter XI,
Implementation:
NONE
MOTION:
Ken Swayze made a motion to adopt Chapter XI,
Implementation. Mert Mann seconded the
motion. The motion passed
unanimously.
Public Hearing to adopt
Chapter XII, Appendix, of the 2004 Dunbarton Master Plan
Stephanie Alexander explained the Appendix Chapter
of the Master Plan. She noted this a
compilation of the written comments that were made in the community survey in
addition to other pertinent information.
MOTION:
Ken Swayze made a motion to open the Public Hearing
for Chapter XII, Appendix. Mert Mann
seconded the motion. The motion passed
unanimously.
Comments from the Public re Chapter XII,
Appendix
NONE
MOTION:
Ken Swayze made a motion to adopt Chapter XII,
Appendix. Mert Mann seconded the
motion. The motion passed unanimously.
PUBLIC
HEARING RE PROPOSED ZONING AMENDMENTS
Ken Swayze gave a brief
overview of the proposed amendments. He
stated that wells and septic systems would be allowed within the standards of
the State Environmental Services requirements
if this zoning change were approved. In
addition, it allows for lesser setbacks for non-conforming lots.
Alison Vallieres explained that
a group from Gorham Pond had approached the Selectmen and the Master Plan
Steering Committee with concerns about setbacks. They stated all of their lots were less than
five acres and mostly were 100’ x 75’ thus making it impossible to meet the
setbacks without obtaining a Variance from the Zoning Board of Adjustment. Because of this, the Selectmen agreed to
contract with Central New Hampshire Regional Planning Commission to work on a
proposed zoning amendment.
Alison Vallieres stated that the
Committee consisted of Ken Swayze, Building Department, a representative from
Gorham Pond Area, Kerri Derrs, Central New Hampshire Regional Planning, and her.
It was decided by the Committee
that it would not be possible or fair to make special setbacks for just the
Gorham Pond area. Therefore, it was decided to make lesser setbacks for all
non-conforming lots in Town (prior to the effective date of the Ordinance or
March 10, 1970). To have special
setbacks for just Gorham Pond area would be “Spot Zoning” which is not
allowed. The proposed zoning amendments
were read. (attached) These amendments would grant relief to all
property owners with non-conforming lots throughout the Town that qualify.
At this point in the Public
Hearing, Ken Swayze noted he had some minor changes to the proposed amendments
which would relate to wells and septic system setbacks. (attached)
Public Input:
Jacques
Belanger, Surveyor, asked if the Building Department would be able to sign off
on wells. Ken Swayze stated they will
require certain things such as signed waivers, etc. We are saying that the Town and the well
drillers need to get together. On wells
after the fact, they will have to have waivers from the Building Department or
be referred to the Zoning Board of Adjustment.
Ron
Slocum asked how this would quicken things up.
Ken
Swayze stated they would have to prove that their well is safe. The State has a Standard Release form the
owner signs whereby they can’t hold the State, or others, responsible..
Ron
Slocum stated that after the fact, they would not get a CO unless the
conditions were met, right?
Les
Hammond asked if we are requiring that all wells be grouted.
Ken
Swayze noted that only in certain instances at this time.
Margaret
Watkins asked if wells and septic systems would come under the State
regulations, not Dunbarton’s setbacks with this amendment?
Ken
Swayze stated that the State has a minimum setback for septic systems of 10
feet.
The
question was asked if this impairs the abutter’s use of their land. Any well
would have to be grouted in close proximity.
Would be hard-pressed to put a well radius and a septic radius. What about the neighbor that has a well 50 -
40 feet from his property line?
Ken
Swayze stated that is why we are requiring a certified plot plan. You can’t force a surveyor onto another
person’s property, but we would like to see cooperation in locating neighbor’s
features.
Ron
Slocum stated the Building Department would be responsible for the granting of
the waivers?
Margaret
Watkins stated she doesn’t see why we wouldn’t need to know where the next door
neighbor’s well and septic is located.
Ken
Swayze stated that if an applicant appears to be going agsint the system, they will have to go to the Zoning Board for
a Variance. The entire State has 10 foot
septic setbacks. People in Dunbarton
with conforming lots would still have to abide by the 50 foot setback for Dunbarton.
Patty
Shearin stated that the Gorham Pond area is unique. People who live in the cities have city water
and sewage.
Ron
Slocum stated you have stated you can’t have “spot zoning”.
The
Board noted that minor changes will be made to the draft and it will have a
second Public Hearing on Tuesday, February 1, 2005. It will include the discussion we had this
evening.
Margaret
Watkins asked if any septic or wells to be located closer than the 50 feet,
there be notification to abutters included within the proposed ordinance. In addition, the plan should show wells and
septic systems on surrounding properties.
The
Public Hearing will be continued until Tuesday, February 1, 2005.
SUSANNE PEACE STICH (B5-2-2)
PROPOSED TWO LOT SUBDIVISION LOCATED ON LONG POND ROAD IN THE LOW DENSITY
DISTRICT IN DUNBARTON, NH
Ken Swayze presented a Status report on the proposed Susanne Peace Stich subdivision. (attached)
Susanne Peace Stich appeared before the Board with an updated plan. She explained revisions which had been made to the plan.
Abutters were read as follows and noted that all had been notified by certified mail:
Shelley DalPra – Not Present
Ronald Lekebusch – Not Present
Barry Lussier – Not Present
Robert Chretian – Not Present
Dana Moquin/Jen Williams – Not Present
Ronald Dickinson, JKT Distributors – Not Present
There was no further comment from the public or the Board.
MOTION:
George Holt
made a motion that the Dunbarton Planning Board approve the proposed
subdivision of Susanne Peace Stich (B5-2-2) consisting of a two lot subdivision
on approximately 30 acres (existing residential lot, plus one new lot), located
in the Low Density (five acre) Residential District on Long Pond Road, subject
to the following conditions:
1.
Submittal of a final, technically accurate and
graphically correct plan-set in full compliance with all current subdivision
regulations and incorporating any and all additional requirements established
during deliberations with the Board (per minutes, status reports, etc.).
2.
Approval and receipt of all other required
local, State and Federal permits. There
shall be no change(s) to the base plan(s) without re-consultation with the
Board, as a result of such other permit approvals.
3.
Payment of all fees and costs associated with
the Dunbarton Planning Board application process.
4.
That all specified work and improvements at the
site, as specified by the Land Subdivision Regulations, be completed prior to
signing and filing of the mylar (i.e. survey monumentation and related); or a
surety be posted in favor of the Town, in an amount adequate to complete such
work as required.
5.
Preparation, submittal and filing of all Deeds,
legal instruments, and/or other documents required or intended to be filed at
the Merrimack County Registry of Deeds; in such content and form acceptable to
the Town.
EARLE FAMILY REAL ESTATE
TRUST AND JACK E. EARLE (D4-1-2 AND D4-1-14) PROPOSED LOT LINE ADJUSTMENT
LOCATED ON RANGEWAY ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Ken Swayze presented a Status Report on the proposed Lot Line Adjustment. (attached)
Jacques Belanger, Surveyor, appeared before the Board with an the original plan showing the proposed Lot Line Adjustment.
He stated that this was only a case of reducing one lot to a five (5) acre lot. There are no plans for development of the remaining property at this time. They are limited by the condition of Rangeway Road.
Abutters were read as follows and noted that all had been notified by certified mail:
Paul Fredette – Not Present
Michael/Emily Audesse – Not Present
David/Beverly Porter – Not Present
John/Renee Delgado Turner – Not Present
Rick Dorval – Not Present
Joseph/Maureen Luksza – Not Present
Timothy Langley – Not Present
John Langley – Not Present
Jonathan/Cheryl Dionne – Not Present
Timothy/Sharon Langley – Not Present
Richard/Fleurette Beaudoin – Not Present
Town of Dunbarton – Present
J. E. Belanger Surveying – Present (representing the applicant)
MOTION:
Kenneth
Swayze made a motion that the Dunbarton Planning Board approve the proposed
Lot-Line Adjustment between the properties of Jack E. Earle (Tax Lot D4-01-14)
and Earle Family Real Estate Trust, Jack E. and Francis A. Earle, Trustees (Tax
Lot # D4-01-02) located on Rangeway Road in the Low Density (five acre)
District subject to the following conditions:
1.
Submittal of a final, technically accurate and graphically correct plan-set in
full compliance with all current subdivision regulations and incorporating any
and all additional requirements established during deliberations with the Board
(per minutes, status reports, etc.).
2. Payment
of all fees and costs associated with the Dunbarton Planning Board application
process.
3.That all
specified work and improvements at the site, as specified by the Land
Subdivision Regulations, be completed prior to signing and filing of the mylar
(i.e. survey monumentation and related); or a surety be posted in favor of the
Town, in an amount adequate to complete such work as required.
4. Submittal of an amended plan showing
signature/acknowledgement lines by the respective owners.
GPS PROPERTIES, INC.
(C4-1-3) PROPOSED TWO LOT SUBDIVISION LOCATED ON BLACK BROOK ROAD, ROUTE 13,
POWELL LANE AND OLDE MILL BROOK ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON,
NH
Ken Swayze presented a Status Report on the proposed two lot Subdivision for GPS Properties located on Black Brook Road, Route 13 and Powell Lane and Olde Mill Brook Road. (attached)
It was noted there were no new plans submitted by the applicant.
Ken Swayze stated that the applicant was instructed at the last meeting to meet with the Road Agent and Selectmen concerning the road issues. There has been no meeting to date.
Mike Dalberg, Surveyor, stated that they were hoping for a final approval this evening. He stated that the abutters, particularly Mr. Bracy had been given 35 minutes to speak against the subdivision, and the applicants were not given a chance to go over the comments with the Board. There were quite a few arguments made by Mr. Bracy but we have legal frontage on a Class V paved road. This qualifies as frontage. It has been determined that we have access off a Class V Road by means of Olde Mill Brook Road. Decisions have been handed down by the Court and the title runs to the centerline of the road. Even if it hasn’t been used currently, they have the right to use the road for access. Many statements were made about the condition of the road. Specifically it is the Town’s problem, and the Bracy’s need to take this up with the Town and it is not my client’s responsibility to fix the road. That is the Town’s problem.
Mr. Dalberg stated that Mert Mann, Selectman, stated he doesn’t remember hearing any complaints about this road. My client could pull a building permit for this. If there is a fee for upgrading the road, it has to be proportioned and not fall only to the developer. It isn’t going to make that road any worse. They have stated Michael Soucy’s children would be in danger. This has no bearing on this application. My client is within his rights to subdivide. If the road becomes a problem in the spring, it is a Town problem. The Road Agent did not come on the Site Walk. I would have thought he would have been there to tell us what he would like done. It needs to be prorated and fair. There are five or six properties that access that road. Do we come up with a figure and divide it among the seven parties? That is justifiable. But to say that this applicant with one new house is going to upgrade that road is wrong. The Board should reconsider about talking about this with the selectmen. For three or four months, the Bracy’s and Biron’s have been talking with the Selectmen and coming in here. The Selectmen gave nothing in writing to the Board.
Ken Swayze stated the Board has nothing from the Road Agent at this time.
Brian Nordle stated that this situation has been talked over and over and rehashed. We will only accept new comments this evening. We are not going to rehash. There will only be new additional comments.
Abutters were read as follows and noted that all had been notified by certified mail:
Alain/Phyllis Biron – Present. At this time, there is one new lot. What happens if it is going to a bigger subdivision? Stated they were getting people looking at the property for a ten acre piece.
Brian Nordle stated all the Board is looking at is the two lot subdivision this evening.
Wayne/Mary Bracy – Present. Wayne Bracy stated the road is only 22 feet wide. The road is a discontinued road in 1892. The Town cannot force them to fix it. My second point is why do you even need a driveway. Before the last meeting you said it is a driveway for a single family house lot. One house lot on a 40 acre lot. There are a lot of different issues. This is a private driveway off of a discontinued road. The third question is frontage. Is it “real” frontage?
The Board noted the frontage is there on the lot as presented on the plan.
Ronald/Edith Soucy – Present. No comments.
William Schlottman – Not Present
Jason/Gail Georgantas – Not Present
Barbara Palys – Not Present
Michael/Christine Soucy – Not Present
Keith Jordan – Not Present
Dennis/Tammy Little – Not Present
Henry/Joan Burnham – Not Present
Mary Story Heirs – Present. Rodney Doucet, Mary Story Heirs. Stated there is frontage on Black Brook Road and the driveway is off Powell Lane and Route 13 on the other lot. This is a Class V Road. The field of that lot is divided right in half at this point.
Brian Nordle explained that the proposed subdivision was 42 and 49 acres.
Rodney Doucet stated then that one access driveway is proposed to go to Route 13 and one driveway is off Olde Mill Brook Road. The person that has the home that is the furthest west on Powell Lane, they will be having adjoining driveways so it is going to be a combined driveway? One day you are going to wish you never had it.
Robert/Gerald Bourassa – Not Present
Peter/Linda Hecker – Present. To those of you who went on the Site Walk on the Powell Lane end, how did you feel with what you saw and how it impacted the request.
The Board noted that Mert Mann and George Holt went on the Site Walk. There was discussion about Powell Lane wetlands off the road and along the Powell Lane and if that it would have to be widened. Wetlands are marked and soil changes. They will be turning off trying to avoid the wet area.
David Breault asked if we have any documentation as to where Powell Lane ends.
Peter Hecker asked if any one saw the need to do any improvements to Powell Lane?
Mert Mann stated he did not recall any.
John Swindlehurst Revocable Trust – Not Present
Eleanor Swindlehurst Revocable Trust – Not Present
Richard/Nicolette Hecker – Not Present
Schauer Environmental Consultants – Not Present (representing the applicants)
Other
Members of the Public:
Sue Bracy stated she just wanted to remind you that the road is not that wide. It is only one lane and not wide enough for two vehicles. When someone comes up, you have to go somewhere else. With another house, we are talking about more traffic.
Brian Nordle stated that he noticed that people are using it for access to several homes right now.
Sue Bracy stated the other issue is where the discontinued road is, we own. When we had young children, it was part of our land. We no longer have young children but young children will go up there.
Mr. Bracy stated there is a speed limit that the Town has never enforced. Every member of the Board was speeding.
Lori Davis stated that she lives on 30 Long Pond Road. She has a driveway that allows my neighbors to cross. My neighbors share the driveway, and I think there is a big concern that when people find out that someone else is going to have access where no one has in the past, when you have someone putting a new home, the builder usually bears the cost of what is already there. How we are handling the people who are living in this Town is important. We need to hear more. I did hear the developer say there is the possibility of more houses, come out of his mouth.
Margaret Watkins stated this is a discontinued road. If the abutters own the land and it gets split down the middle, how does this happen. Asked if the applicants would consider agreeing that there would be no further subdivision of the lots.
The Board stated this has already been asked and the applicant has refused.
Ken Swayze stated the lot is served by a discontinued road. If a landowner owns the land in the rear, there is still a right of passage.
Mike Dalberg stated that his client is a resident of Dunbarton. He has every right to come before this Board and develop his land. We are not asking for any Special Exception or Variance and would just ask the Board to review the plan.
Board Comments:
Ken Swayze stated he is only one person on the Board, but he would ask that the applicant at least go meet with the Selectmen and Road Agent. We asked them to do that last month, and for whatefer reason, that has not been done.
MOTION:
Ken Swayze
made a motion that the Dunbarton Planning Board continue the Public Hearing for
GPS Properties, Inc. (C4-1-3) proposed two lot subdivision located on Black
Brook Road, Route 13, Powell Lane and Olde Mill Brook Road until such time as
they schedule a meeting with the Selectmen and/or the Road Agent and report
back to the Board.
George Holt seconded the motion.
Brian Nordle stated that he read the minutes and understands the concern is that another house will create more traffic. I see that several people are using this road now. As I look at it, it is an access to that land. That is just my personal opinion. There is legal frontage for both of these lots. On the 40 acre piece, they could punch a road up through. They are here for two single family lots. My vote would be we accept that as presented. I did not go on the Site Walk. The Road Agent has no recommendations. By your comments, the Road Agent is aware of the situation. That is a legal subdivision and has the frontage for two lots.
The motion
passed by a majority vote as follows:
Swayze – Yes
Vallieres – Yes
Mann - Yes
Holt – Yes
Breault – Yes
Nordle – No
OTHER
BUSINESS:
Ken Swayze presented the Board with documentation from Paul Bruzga regarding the Audet/Burchell Subdivision and the Right of Way issue for the record. (attached)
There being no further business, the meeting adjourned at 9:30 p.m.
Respectfully submitted,
Alison R. Vallieres, Secretary