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,
Ed White,
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
“Kenneth Swayze made a motion
that the Dunbarton Planning Board deny the receipt of the application
for the proposed
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
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
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
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