DUNBARTON PLANNING BOARD

WEDNESDAY,  DECEMBER 21,  2005

TOWN OFFICES – 7:00 PM

 

The regular monthly meeting of the Dunbarton Planning Board was held at the above time, date and place with Chairman James Marcou presiding.   The following members were present:

 

                James Marcou, Chairman

                Brian Nordle, Co-Chairman

                Alison R. Vallieres, Secretary

                Mert Mann, Selectman

                Kenneth Swayze, Admin., Planning and Zoning Department

                Michael Poirier

                Terry Swain, Alternate

                               

                Other Town Officials present:

               

                Charles (Chuck) Graybill, Selectman

                Larry Cook, Conservation Commission

                John Trottier, Chairman, Zoning Board of Adjustment

                Fred Mullen, Town Forest Committee

                Ed White, Town Forest Committee

 

Public Meeting Notice: 

               

The Chairman verified with the Secretary that the Public Meeting Notice had been posted in three public places throughout the Town and published in the Concord Monitor for one day.  In addition, the Public Notice was published on the Dunbarton Web Page. 

 

APPROVAL OF PREVIOUS MEETING MINUTES:  WEDNESDAY,  NOVEMBER 16, 2005

 

Ken Swayze amended the minutes of the November 16, 2005 meeting with regard to the motion for the Kathryn Schumacher Proposed Lot Line Adjustment as follows:

 

“Kenneth Swayze made a motion that the Dunbarton Planning Board deny the receipt of the application for the proposed Lot Line Adjustment…….”

 

Ken Swayze made a motion that the Dunbarton Planning Board accept the minutes as amended for the November 16, 2005 meeting.  Mert Mann seconded the motion.  The motion passed unanimously.

 

 

7:00 P.M. - PUBLIC HEARINGS:

 

DUNBARTON PLANNING BOARD TO ADOPT THE CAPITAL IMPROVEMENTS PROGRAM  FOR 2006-2011

 

Stephanie Alexander, Central New Hampshire Regional Planning Commission, explained the process which the Town and the Planning Board had gone through in developing the Capital Improvements Program for 2006-2011.   She stated the following:

 

1.        A series of seven meetings was held to develop the CIP of which members of the Planning Board and other members of the Committee attended.

2.        The Committee interviewed the applicants/department heads who proposed Capital Expenditures for their projects.

3.        A detailed financial plan was developed for the 2006 – 2011 period showing proposed capital improvement items.

 

4.        A Road Management Plan showing roads by classification was developed by the Road Agent showing when improvements on what roads would be scheduled in the future.

 

5.        Stated the Planning Board and the CIP Committee have done a good job in putting this together. 

 

Public Comment:

 

James Marcou, Chairman, asked if there was any public comment regarding the proposed Capital Improvements Plan as presented. 

 

There was no public comment. 

 

MOTION:

 

Mert Mann made a motion that the Dunbarton Planning Board adopt the CIP (Capital Improvements Plan) as presented.  Kenneth Swayze seconded the motion.  The motion passed unanimously.

 

 

RONALD AND BRIGGETT RUGGIERRO (F3-1-14) PROPOSED TWO LOT SUBDIVISION LOCATED ON 22 BARNARD HILL ROAD IN THE MEDIUM DENSITY DISTRICT IN DUNBARTON, NH

 

Kenneth Swayze presented a Status Report for the Ruggierro Proposed  Two Lot Subdivision.  (attached) 

 

Jacques Belanger, Surveyor, appeared before the Board.  He stated they were just breaking a lot in half.  The Zoning Board of Adjustment has already granted an Equitable Waiver for the existing shed and well on the property (did not meet set-back requirements). 

 

J. Belanger stated they are awaiting State Subdivision approval. 

 

J. Belanger stated the line of sight for the proposed driveway is well over 200 feet.  The proposed driveway is located at an existing break in the stone wall. 

 

Planning Board Discussion: 

 

None

 

Abutters Comment: 

 

None

 

                General Public Comment:

 

                                None

 

                There being no further comments, the public hearing was closed.

 

 

                MOTION:

 

Ken Swayze made a motion that the Dunbarton Planning Board approve the proposed subdivision of Ronald and Briggett Ruggierro of Tax Lot F3-01-14 consisting of a 2-Lot subdivision on approximately 6.5 acres located in the Medium Density (3 acre) Residential District on Barnard Hill 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, including, but not limited to New Hampshire State Subdivision approval.  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.

 

Michael Poirier seconded the motion.  The motion passed unanimously.

 

 

SITE PLAN REVIEW/SUBDIVISION - SUMMERHILL CONDOMINIUMS (DUNBARTON 88)  CONSISTING OF 83 UNITS LOCATED OFF ROUTE 13 SOUTH AT THE  COUNTRYSIDE GOLF COURSE IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

 

Attorney Marie Dolder, Hebert & Uchida, appeared before the Board on behalf of Summerhill Condominiums (Dunbarton 88) and the owner of the property, Robert Pike.  She presented a copy of the proposed Conservation Easement as reviewed by the Dunbarton Conservation Commission and Town Counsel.  (attached)   She stated she had been working very closely with Town Counsel.  Town Counsel has sent a draft letter to the Town of Dunbarton regarding the project which includes an outline of what Town Counsel feels are still outstanding items as follows:

 

1.        Still awaiting the Wetland Permit from DES. 

 

2.        Common area designation.

 

3.       Parking enforcement.  Town would be able to enforce the regulations within the development.  This is included within the condo documents.  Town Counsel is still reviewing the documents.

 

The Condo Association will be the prime enforcing agency.   Any owner, tenant, occupant, or the Town has the right to enforce but not the obligation.  It gives the Town the right but does not obligate the Town.  These documents are still with Town Counsel. 

 

4.        Don Mayo, Town Engineer’s Comments, (attached).  Don Mayo’s comments regarding a retaining wall are not listed on the latest set of plans. 

 

5.        Originally, were told we were going to need a Variance and worked out this situation with Town Counsel.  Town Counsel have approved the plan, and the plan is acceptable to them.  Therefore, the request for a Variance from the Zoning Board of Adjustment was withdrawn. 

 

At this point in the discussion, John Trottier, Chairman, Zoning Board of Adjustment, was asked if the Zoning Board was aware of the process. He stated he had no knowledge of what had occurred. 

 

6.        Phasing was addressed at the last meeting.  There is a note on the plan.  That issue should be resolved by now.

 

7.        Don Mayo’s comments.  Have no problem with his comments.  That will be on the plans the next time.

 

8.        Bonding for road. 

 

K. Swayze stated the applicants have to come to the Planning Board with a cost, and we decide if the cost is reasonable.  The Board sets the value and what the amount should be. 

 

K. Swayze noted the applicant has suggested he would like to “Go at Risk Provision” with a Reclamation Bond.  Ken Swayze noted there would be no Building Permits issued until the road was completed to the satisfaction of the Town, etc. with the “At Risk Provision”. 

 

Bob Pike will get in touch with Ken Swayze regarding the Road Bonding, etc.  

 

John Trottier, Chairman, Dunbarton Zoning Board of Adjustment, was asked if he would be willing to go over the final plans to make sure they were in conformance with what the Zoning Board of Adjustment had granted. 

 

John Trottier stated that he would be willing to do this but that he had not seen the final resolution of what has come about regarding Town Counsel, etc. 

 

Jennifer McCourt will provide John Trottier with a complete set of updated plans for his review. 

 

At this point in the discussion, Jennifer McCourt, Engineer, appeared before the Board.  She explained the Open Space Calculation to the Board as follows: 

 

1.        The end result of her discussion with Town Counsel was that the development has sufficient open space according to her calculations for the 83 units as proposed.   There was 240 acres with 88 units for the original proposal.  There is now 83 units proposed.   This amounted to 2.7272 acres per unit. 

 

There is 133.72 acres of Common Open Space for a total of 221.6 of total Open Space.

 

2.        With regard to Don Mayo’s comments, the comment relating to the Detention Pond is a clerical error.  There are no technical dams in the project.  This is not a big issue.

 

3.        With regard to Don Mayo’s comments about the Deep Drainage Structures,  we will plan to put an intermediate slab cast with an offset opening the same dimensions as the opening at the top of the structure as suggested by Don Mayo. 

 

Mitchie Corporation has this item available so it will be put on the final plan.

 

At this point in the discussion, Marie Dolder, Attorney, asked if the Board had any other outstanding issues.  We would like to submit for final approval next month.

 

James Marcou, Chairman, stated that he wanted to make sure the Zoning Board is okay with Town Counsel’s thought process before the final approval is granted.  He stated that engineering wise, he felt the Board was “good to go”.   He noted that they need to get Tim Britton to finalize the condo documents.  We need Town Counsel to state “Yes, everything is agreed upon.”

 

The Board asked about the question Town Counsel had with regard to road width and setbacks.  How has this been resolved? 

 

Marie Dolder stated that they agreed that as long as it is within the condo documents that it cannot be amended unless the Town agrees with the amendment.  Will try to meet with Steve Duggan prior to the 3rd of January.

 

Comments from the Selectmen’s Office:    

 

                None

 

MOTION:

 

 

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the Public Hearing for the Summerhill Condominiuswm (Dunbarton 88) consisting of 83 Units located off Route 13 South at the Countryside Golf Course in the Low Density District in Dunbarton, NH until the next regularly scheduled monthly meeting.  Michael Poirier seconded the motion.  The motion passed unanimously. 

 

 

OLD BUSINESS:  NONE

               

NEW BUSINESS: 

 

RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD; FOR COMPLETION.

 

KATHRYN SCHUMACHER (B5-3-3 & 4)  PROPOSED LOT LINE ADJUSTMENT LOCATED ON KIMBALL POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

 

Ken Swayze presented a Status Report on the Schumacher Proposed Lot Line Adjustment.  (attached) 

 

MOTION:

 

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the receipt of the application and allow the applicant to present the Lot Line Adjustment.  Brian Nordle seconded the motion.  The motion passed unanimously.

 

Jacques Belanger, Surveyor, representing Kathryn Schumacher, stated that this is a reconfiguration of the lot.  The lot has a Conservation Easement on it which was done by a previous owner.  Both lots will have buildings on them. 

 

Jacques Belanger stated they have proposed to increase the width of the Right of Way for future road improvements if needed.  The road originally was a two rod layout.

 

At this point in the meeting, a letter from the SPNHF to the Dunbarton Conservation Commission regarding the feasibility of adjusting the interior lot line between the two tracts was presented.  (copy attached)  They have determined that if the landowners proceed with their plan to relocate the interior lot line between the two tracts, it would be necessary to amend the original easement deed to reflect the new lot arrangement and descriptions.  They have stated that it will take several months from the time they are presented with a final proposal from the Grantor, a draft amended deed from the Town of Dunbarton Conservation Commission, and a new recordable survey of the Easement Property.  Costs incurred by the Forest Society would be the obligation of the Grantor. 

 

Ron Jarvis stated that the easement was granted to the Town of Dunbarton putting the Conservation Commission as overseers of the easement.  The easement only reverts to the SPNHF if there is a default or mis-use of the property.  The property allows for two homes presently. 

 

Ken Swayze noted that one lot originally  38 acres, and this would bring it down to 12 acres.  The property line presently comes about 3 feet from the new barn.  This is a normal lot line adjustment.  The integrity of the easement has not been negated.  There is a questionable difference of opinion but they could not be present. 

 

Ken Swayze stated the SPNHF was asked to attend this meeting.   We agreed the Board will continue this another month.  We will take a look at it. 

 

James Marcou noted there will be no further subdivision or reconfiguration .  There are two lots now.  The easement goes with the lots.

 

Abutters were read as follows and noted all had been notified by Certified Mail:

 

 

Sean Matulano – Not Present

Emily E. Nichols Revocable Trust – Not Present

Keith/Beth Margenau – Not Present

Joseph/Carol Gassik – Not Present

William/Christine Ruwell – Not Present

Diane Bedard – Not Present

John/Mildred Moody – Not Present

 

David Nault – Present.  Stated his only comment is after he read the easement, it is for both pieces of property, and I understand there were two houses on it when you change the lot line and selling off.  Would like the 30 days to re-read the easement, etc. 

 

Michael Guiney – Not Present

Vincent/Leslie Brigagliano – Not Present

Brian McGlauflin – Not Present

Town of Goffstown, Planning and Economic Development – Not Present

Pointer Fish and Game Club – Not Present

National Power Grid – Not Present

 

Town of Dunbarton Conservation Commission – Larry Cook, Chairman, present.  He stated he had not spoken with George Frame, SPNHF, as yet.  The Conservation Commission looked at this at our meeting and had no problems from a Conservation Commission point of view.  We contacted the Society as a courtesy, and they annually send us a notice to assure we are doing our duty.  They are aware of this easement, and they make sure we monitor it.  They can file a notice with the Register of Deeds, one as tenants and us as Grantees and this makes them a Grantee.  I got a letter today.   In my reading of the easement deed, I don’t think they have a concern.  It seems to be a legal description of the lot line.  It is a legal changing of the property from the plan they have concerns about.  They feel there should be some amendment to include changes of the property.  I can’t imagine that it will take months to work out.  The legal property description is changing, and I guess lawyers feel it might invalidate the easement.  They can only terminate the easement with the Conservation Commission if the Conservation Commission or some other party fails to do its duty.  The Society has not seen the plan.  The deed refers to a plan recorded at the Registry of Deeds. 

 

James Marcou suggested that we give them a copy of the plan. 

 

Larry Cook noted the Conservation Commission does not have a problem with giving them a copy of the plan. 

 

Dunbarton Town Forest Committee – Ed White stated they feel this doesn’t affect us any because we bought our share from the Library, therefore it doesn’t affect us. 

 

Fred Mullen, Town Forest Committee –

 

1.        Asked Larry Cook, if you had to grant the Town of Dunbarton a right of way, does that change any acreage on the property? 

 

After discussion, it was established a ten foot wide strip would probably amount to less than ½ acre for the widening of Kimball Pond Road which would then also be subject to the Conservation Easement.

 

2.        I have read the deed, and it says the property line between the Town Forest and Mrs. Schmacher is in the brook.  What happens if the brook changes course? 

 

Jacques Belanger, Surveyor,  stated the line should always follow the brook. 

 

3.        There will be two lots no matter what, right?  Yes. 

 

Other Members of the Public: 

 

 

Carl Metzger – Stated don’t you have to create two different deeds, carrying the easement in the new deeds? 

 

The Planning Board noted there does not have to be two different deeds until one of the parcels is sold.  The easement can be carried within one deed which includes two tracts of land. 

 

There being no further comments, the public meeting was closed.

 

MOTION:

 

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the Kathryn Schumacher Proposed Lot Line Adjustment until the next regularly scheduled Planning Board Meeting with no further notice to the abutters.  Mert Mann seconded the motion.  The motion passed unanimously.

 

ARTHUR/KATHLEEN BOISVERT (B3-2-12) PROPOSED TWO LOT SUBDIVISION LOCATED ON 1078 GORHAM POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

 

Ken Swayze presented a Status Report on the Boisvert Proposed Two Lot Subdivision located on Gorham Pond Road.  (attached)    He stated the application is substantially complete. 

 

MOTION:

 

Ken Swayze made a motion that the Dunbarton Planning Board accept the receipt of application as presented this evening from Arthur/Kathleen Boisvert (B3-2-12) Proposed Two Lot Subdivision located on 1078 Gorham Pond Road in the Low Density District in Dunbarton and start deliberations.  Michael Poirier seconded the motion.  The motion passed unanimously.

 

Ken Swayze noted for the record that this application has been before the Planning Board for three public meetings in order to rescind the note on the original plan that the lot may not be further subdivided.  Because of changes in the State requirements, the same conditions no longer apply, therefore the note was rescinded by the Planning Board. 

 

Ken Swayze noted there were existing conditions i.e. a storage shed on the property which might require an Equitable Waiver from the Zoning Board of Adjustment.  This would be a condition of approval. 

 

Abutters were read as follows and noted that all had been notified by Certified Mail:

 

Michael Lupa – Not Present

David/Melissa Willis – Not Present

Marilyn Greenhalge – Not Present

Michael/Elizabeth Ferdina – Not Present

Starr Trust – Not Present

Town of Dunbarton – Present

 

Other Members of the Public:

 

John Trottier asked what the right of way width was.

 

Jacques Belanger, Surveyor, stated the road was a 4 rod layout.  There is over 66 feet between the walls. 

 

There were no further comments from the public. 

 

James Marcou, Chairman, stated he would like to move this application for final approval at this meeting. 

 

 

 

MOTION:

 

Ken Swayze made a motion to waive the requirements of a Site Walk of the property with a stipulation that the driveway conforms to the driveway regulations approval of the Road Agent.  Alison Vallieres seconded the motion.  The motion passed unanimously.

 

MOTION: 

 

James Marcou made a motion that the Dunbarton Planning Board approve the proposed

Two Lot Subdivision of Arthur/Kathleen Boisvert (B3-2-12) located on 1078 Gorham Pond Road in the Low Density District (5 acre)  in Dunbarton, NH, 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.

 

6.       That the proposed driveway location be reviewed and approved by the Town Road Agent, including the formal issuance of a permit for the specified area.

 

7.       That any Zoning infractions, as noted by the description and location of an “existing wood-frame shed” as shown on the submittal plan, be remedied to the satisfaction of the Building Department and/or the Zoning Board of Adjustment. 

 

Brian Nordle seconded the motion.  The motion passed unanimously.

 

OTHER BUSINESS:

 

STINSON HILLS, LLC, MANSION ROAD (LAMONTAGNE BUILDERS)  RE  SURETY REQUIREMENTS FOR STINSON HILLS DEVELOPMENT

 

Rick Manburg and Bob Grondin, Lamontagne Builders, were present at the meeting to discuss the Town Acceptance of Stinson Drive, Phase I. 

 

Ken Swayze reported that Stinson Hills has made a request relative to Phase I for the road to be accepted and plowed by the Town.  He submitted a copy of a report by Don Mayo stating the road is substantially complete to the extent it may be considered for acceptance by the Town of Dunbarton.  (attached) 

 

Ken Swayze stated it should be forwarded to the Selectmen for acceptance.  It would be at the discretion of the Selectmen.  The project is substantially complete, and they should go to the Selectmen for acceptance of the road.   The acceptance process is handled by the Selectmen. 

 

 

Bob Grondin, Lamontagne Builders, stated they would be looking for a CO for the end of February.

 

Mert Mann, Selectman, stated that the Road Agent has indicated the Town will not be plowing the road this winter.  He stated this was a decision of the Selectmen and the Road Agent. 

 

At this point in the discussion, James Marcou stated he needed to step down from the Board and abstain from the vote and discussion.

 

At this point also, Alison Vallieres stated she was stepping down from the Board from the vote and discussion.  She will continue to take the minutes.

 

The voting members for this item will be as follows:

 

                Brian Nordle, Acting Chairman

                Kenneth Swayze

                Mert Mann

                Michael Poirier

                Terry Swain, Alternate

 

Rick Manburg, Lamontagne Builders, stated that when they need a CO in February, they would like to have the road already accepted by the Town, etc.   We believe we have gotten to the end of Phase I and would like the road accepted. 

 

Brian Nordle stated he didn’t have a problem with that. 

 

It was noted the Fire Department Chief will test the cistern. 

 

MOTION:

 

Kenneth Swayze made a motion that the Dunbarton Planning Board acknowledge the status of construction of Stinson Drive as shown on subdivision plans approved April 21, 2004, by the Dunbarton Planning Board (Tax Lot(s) G3-01-05, G2-05-15, G2-05-07: referred to as the Stinson Hills, Phase 1 plan), be considered as “substantially complete for purposes of Class V roadway acceptance” by the Town of Dunbarton, Board of Selectmen; with the understanding that the following is incomplete and/or pending further review:               

 

                See latest report from Town Engineer, Don Mayo, dated December 21, 2005 (attached).

       

[In accordance with a request from the applicant, this is a recommendation and referral from the Planning Board to the Board of Selectmen that the subject proposed Class V Roadway has reached a level of satisfactory construction and completion so as to allow review by the Board of Selectmen, and, as they may subsequently determine, to initiate the statutory process of Class V Roadway acceptance under their jurisdiction.]

 

Further move that the remaining surety posted for construction of said roadway, in the amount of $125,000.00, and held (or regulated) by the Town of Dunbarton, be released to the sole authority and control of the Board of Selectmen for the purposes of administering and enforcing provisions of the policy of accepting new Town roads, insofar as such provisions comply with the terms of the original subdivision approval.

 

This motion is further subject to the condition that all other requirements have been met, including but not limited to, all deeds and other legal instruments being prepared, reviewed, and subsequently filed at the Merrimack County Registry of Deeds.

 

Brian Nordle seconded the motion.  The motion passed by a majority vote as follows: 

 

                Nordle – Yes

                Swayze – Yes

                Poirier – Yes

               

Swain – Yes

               

Mann – Abstained

 

Lamontagne Builders was advised to contact the Dunbarton Board of Selectmen to request to be put on the Selectmen’s Agenda for acceptance of the Stinson Drive Roadway. 

 

Other Business:

 

Golf Course Project: 

 

Larry Cook asked with regard to the Golf Course Project, why there was a maximum of five parking spaces set aside for the Conservation Area?  He also requested that the Conservation Commission is requesting that the parking lot be a close to the road as possible.

 

There being no further business, the meeting adjourned at 9:30 p.m.

 

                                                                                                                                Respectfully submitted,

 

 

                                                                                                                                Alison R. Vallieres

                                                                                                                                Secretary