DUNBARTON PLANNING BOARD

WEDNESDAY, FEBRUARY 16, 2005

TOWN OFFICES – 7:00 P.M.

MINUTES OF MEETING

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

James Marcou, Chairman

Brian Nordle, Co-Chairman

Alison Vallieres, Secretary

Kenneth Swayze, Admin., Planning and Zoning

Mert Mann, Selectman

George Holt

Michael Poirier

David Breault, Alternate

The Chairman verified with the Secretary that the meeting public notice had been posted in three places throughout the Town. In addition, the public notice was posted on the Dunbarton Web Page.

APPROVAL OF PREVIOUS MEETING MINUTES: Wednesday, January 19, 2005

A motion was made, seconded and passed unanimously that the Dunbarton Planning Board approve the minutes of the Wednesday, January 19, 2005 meeting as written.

7:00 P.M. - GPS PROPERTIES, INC. (C4-1-3) PROPOSED TWO LOT SUB-DIVISION LOCATED ON BLACK BROOK ROAD, ROUTE 13, POWELL LANE AND OLDE MILL BROOK ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Kenneth Swayze presented a Status Report on the GPS Properties, Inc. proposed two lot subdivision. (attached).

Brian Nordle stated that at the last Planning Board meeting, the only issue remaining on this proposed subdivision was the access on the south end off Olde Mill Brook Road. It starts as a small road and ends as a driveway. The lot has the required frontage and the acreage. The Planning Board made a motion at the last meeting that the applicant go to the Selectmen to discuss the road issue.

When the applicant went to the Selectmen, the Selectmen did not require that the applicant do any road improvements until such time, if and when, the lot is further subdivided. If and when the applicant does any further subdivision, the Selectmen (Town) will require that the road be upgraded to a Class V Standard all the way to the beginning at Black Brook Road per the direction of the Selectmen and/or Planning Board.

The Board also noted that if there is any further development, the applicants will have to come back to the Planning Board for approval.

At this point in the meeting, George Holt stated there had been an issue we talked about at the prior Planning Board meeting but because of the issue of the road upgrades, it was dropped. My concern was that there is a gray area concerning frontage. There is frontage off Black Brook Road. Is there access off that frontage? Is there access across that land? They could get a Wetlands Permit. The applicant could get a building permit to put a house and also what would prevent them to do this five more times on Black Brook Road? It is okay for this one subdivision but if they were to come back with five lots, it would not be okay.

Mert Mann stated the road from Long Pond in would have to be brought up to Class V Standards to the end of the property line if it were further developed.

George Holt asked what makes it reasonable to allow us to use the frontage now and what prevents us from doing this five more times? Stated he has done a lot of research. Cited RSA 674:41. Also noted there is no definition of access.

Kenneth Swayze stated that the lot has frontage.

George Holt stated that the question he has is access. Access means a way of entering or leaving the property. They need to be accessing the property through that frontage.

James Marcou stated the applicants are asking for one lot to be accessed off this road. This would come up again in the future if there is further development.

George Holt stated they are asking to access this lot across private land. When does that right disappear? If we go ahead and approve this subdivision, then we are opening ourselves up for all the other subdivisions.

David Breault stated he felt the same why that George Holt feels. If it was just one lot, they would have access. I disagree with access from private property.

George Holt stated there is plenty available access to get around wetlands and put a road in properly.

Kenneth Swayze stated that there can be no building permits issued unless there is frontage on a Class V road. This comes up all the time all over the State. Sometimes people get an easement and a Variance from the Zoning Board of Adjustment; sometimes they buy a strip of land. We have been doing this regularly already with Simoneau and the Drobat property by the Great Meadows.

George Holt stated that to say we can’t read the law and do it right is not a good thing.

James Marcou stated we have been asked to create two house lots of 40+ acres each. This proposed subdivision has been on the agenda for five months. We are to the point that the last thing the applicant was instructed to do was to go to the Selectmen.

David Breault stated he did raise the question a number of times.

Michael Dalberg representing the applicant stated that the road they are accessing is off a Class V Road.

It was noted that abutters as follows were all notified by certified mail:

The Chairman stated that the Board was interested in hearing only new information.

Dennis and Tammy Little – Not Present

Albert and Phyllis Biron – Present. Mrs. Biron stated that she had nothing to say.

Henry/Joan Burnham – Not Present

Wayne/Mary Bracy – Present. There has been nothing in the regulations that deals with discontinued roads. Powell Lane was discontinued and returned to the abutters. I contend that the road is a discontinued road.

Kenneth Swayze stated there is no question about that. The access frontage is on a Class V road.

Wayne Bracy stated that no one has set a legal precedent as to what a “discontinued road” is. Someone is going to take it to court.

Brian Nordle noted this is for a single family one lot subdivision.

James Marcou again stated we are being asked to grant two lots for single family homes and that is what we are focusing on.

Ronald/Edith Soucy – Present. No comments.

Mary Story Heirs – Not Present

Michael/Christine Soucy – Present. Thought that they do not have access from a Class V Road.

Robert/Gerald Bourassa – Not Present

Jason/Gail Georgantas – Not Present

Keith L. Jordan – Not Present

William J. Schlottman – Not Present

Eleanor Sindlehurst Revocable Trust – Not Present

John Swindlehurst Revocable Trust – Not Present

Peter and Linda Hecker – Present. No comment.

Richard/Nicolette Hecker – Not Present

Barbara Palys – Not Present

Schauer Environmental Consultants – Not Present (Representing the applicants)

Other Members of the Public:

None

The Public Hearing was closed.

The Chairman noted the following would be voting members:

James Marcou

Brian Nordle

Alison Vallieres

Kenneth Swayze

Mert Mann

Michael Poirier

George Holt

At this point in the meeting, Brian Nordle offered to step down from the vote and have David Breault replace him because David Breault had been present at all meetings regarding this subdivision.

The Board reached a consensus that this was a reasonable request and Brian Nordle was replaced by Alternate David Breault for the vote.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board approve the proposed subdivision of GPS Properties, Inc. consisting of a two (2) lot subdivision on approximately 93 acres, located in the Low Density (5 acre) Residential District on Black Brook Road, Powell Lane, and Olde Mill Brook 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 regulation 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. Subject to the Wetlands Conservation District boundary verification by the Conservation Commission.

7. That the driveways be shown on the plan.

8. That a deed (dedication) be prepared for the requested 30 foot set-back from centerline along the entire frontage of Black Brook Road.

9. That in-house fire suppression be required for any residence located on the subdivided lots.

At this point, James Marcou made an amendment to the motion as follows:

“That the access is clearly for a single family home for the 42+ acre lot and is not intended for any further subdivision or further construction.”

Alison Vallieres seconded the amendment.

At this point, Kenneth Swayze stated he objected. Stated this would not be fair to the applicant. Any further subdivision will have to come back to the Planning Board anyway.

At this point, James Marcou withdrew his first amendment. Alison Vallieres withdrew her second to the motion.

James Marcou attempted to change the verbage on the amendment but then withdrew his second amendment. He stated he felt it was only confusing the matter.

George Holt stated he would like to reiterate his position. If we approve this, what is to prevent us from approving a second subdivision with more lots. The issue is if they truly have access to the property. Access means a way of entering or leaving their property through their frontage. They don’t have a driveway location on their frontage. There is no frontage on their existing easements.

Brian Nordle stated they have the property frontage and proper acreage and it is a legitimate access.

Michal Poirier stated if they weren’t subdividing, they could put a house in there right now.

Mert Mann seconded the motion. The motion passed by a majority vote as follows:

Marcou – Yes

Vallieres – Yes

Swayze – Yes

Mann – Yes

Poirier – Yes

Holt – No

Breault – No

OLD BUSINESS:

Kenneth Swayze brought up a request regarding the return of a bond which was required by the Planning Board for the Johnson/Burgess Subdivision off Grapevine Road. They have sold the subdivision and are looking for the return of their bond. They have only done timbering operation.

The Planning Board reached a consensus that the Planning Board will send a letter regarding the Bond, and that a Reclamation Bond may be required if there is the potential for any wash-outs or erosion..

NEW BUSINESS:

RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD AND START OF PROCEEDINGS:

HUGH AND DENYCE FAIRLEY (F2-2-7)/CHARLES/BARBARA KOTHE (F2-2-3) PROPOSED LOT LINE ADJUSTMENT LOCATED ON 182 MANSION ROAD AND 188 MANSION ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Kenneth Swayze presented a Status Report on the Hugh and Denyce Fairley/Charles/Barbara Kothe Proposed Lot Line Adjustment. (attached)

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the proposed Hugh and Denyce Fairley (F2-2-7) / Charles/Barbara Kothe (F2-2-3) Proposed Lot Line Adjustment located on 182 Mansion Road and 188 Mansion Road in the Low Density District in Dunbarton, NH and start deliberations this evening. George Holt seconded the motion. The motion passed unanimously.

Arthur Siciliano, Land Surveyor, appeared before the Board on their behalf. He stated they were only adding .25 of an acre to the Fairley Lot from the Kothe Lot. This involves a portion of lawn that the Fairley’s are presently mowing anyway.

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

Susan Bradbury – Not Present

Richard Colter Estate – Not Present

Peter M. Orsi – Present. No comments.

Charles Williamson – Present. No problems with the subdivision.

Deborah Molnar – Not Present

Mark/Sharon St. Amand – Not Present

Arthur Siciliano – Present (Representing the applicant)

At this point in the meeting, Kenneth Swayze stated he would like to see this proposed Lot Line Adjustment acted upon this evening. The Board reached a consensus to act on the request this evening.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board approve the proposed Lot-line Adjustment between the properties of Hugh F. and Denyse C. Fairley (Tax lot F2-02-07) and Charles and Barbara Kothe (Tax lot F2-02-03) located on Mansion Road and Alexander Road in the Low Density (5-ac.) 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).

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.

The motion was seconded by Michael Poirier. The motion passed unanimously.

NEW HAMPSHIRE TRADITIONAL HOMES (MICHAEL POIRIER) (G4-3-2) PROPOSED FIVE LOT SUBDIVISION LOCATED ON GRAPEVINE ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting, Michael Poirier stepped down from the Board.

In addition, Kenneth Swayze stepped down from the Board because of abutter status.

Brian Nordle noted that he had reviewed the application and the plans, and other than minor details, the plan is substantially complete. In addition, he presented a Status Report on the proposed subdivision along with a copy of the Land Subdivision Control Regulations as they relate to streets and shared driveways. (attached)

MOTION:

Brian Nordle made a motion that the Dunbarton Planning Board accept the application from New Hampshire Traditional Homes (Michael Poirier) (G4-3-2) proposed five lot subdivision located on Grapevine Road in the Low Density District in Dunbarton, NH and start deliberations this evening. David Breault seconded the motion. The motion passed unanimously.

Jacques Belanger, Surveyor, representing the applicant presented a plan showing the proposed five lot subdivision. It consisted of four lots with a common driveway and one 32 acre lot with frontage on both the north end and on the east where the Old Blacksmith Shop was formerly located.

The plan showed a common driveway off Grapevine Road which would access four of the five lots. It would have a 9% grade coming off Grapevine Road. There are presently private roads that have a similar grade and seem to be working.

Jacques Belanger noted it would be a 20 foot traveled way with 2 foot shoulders with a hammerhead. The houses will sit on top of the hill looking to the north.

Brian Nordle asked if the wetlands will be delineated.

J. Belanger stated yes. It is a 2,600 square foot impact area to wetlands near the entrance. Also will have the Wetlands Conservation District delineated.

George Holt asked about the culvert on Grapevine Road on the corner. What have you looked at with access for the corner? Have you done a Traffic Study?

Jacques Belanger noted that options are very limited with what they can do to improve the situation. This will not be a Town maintained road.

Brian Nordle stated he believes there is a wetlands issue and with the slopes of that roadway, you should have an Engineer look at the drainage. I would assume you have a minimum of 600’ of driveway length and the required sight distance. Because of the slopes, we should have an engineer look at this design.

James Marcou stated with regard to the roadway, this is a “slippery slope” allowing for the common driveways. We put in the ordinance when there was no other opportunity. The best examples was when the State gave Mrs. Hammond a hard time about additional driveways. We gave her the right to put it the shared driveway. The use of a common driveway would be allowed if the common driveway was in the best interest of public safety. If you insist on having a common driveway for four lots, I need some input with four people using that driveway.

Jacques Belanger stated it will get plowed, and there is very little traffic.

James Marcou asked how are you going to provide that the road will be safe for the public?

Each lot will be putting $8,000 into a kitty. That will cover the maintenance of the road and allow them to hire a plow person. The landowner has the responsibility for keeping the road open. The road is going to be paved.

Michael Poirier stated that there will be in-house sprinkler systems in each home.

George Holt stated that this is similar to development on a Class VI road and would require they sign a waiver with the Town.

James Marcou stated he remained concerned about the multi-access for the four driveways.

George Holt stated he felt that we directed the applicant towards this. I was driving towards one driveway. It would be much better.

Brian Nordle stated he would like to have an engineer do the calculations and determin if a treatment swale is necessary because of the hill. We need to make sure the existing road culvert can handle this.

Jacques Belanger stated they will be providing a slope easement and dedicated construction area to the Town.

Brian Nordle stated that the Fire Chief has requested a Fire Pond in that area because of the sub-division down at the end. Is there any chance of getting a cistern?

Abutters were read as follows and noted all had been notified by certified mail:

Kenneth Swayze – Present. No personal comments but on the Town side he would state the following:

1. When we did the new subdivision regulations, one of the things based on the public comment was that on any dead end road at least get comments from the Police Chief, Fire Chief, Road Agent, and Town Engineer.

2. The Town generally asks for a dedication of land for future construction (ownership of the land). We should ask for extended slope easements beyond that point because of the steep slopes.

3. Don Mayo looked at this. I am sure he will have some good recommendations in line with the request to review the engineering.

Jean/Girard Meisner – Not Present

Robert/Joann Jergensen - Not Present

Nicholas/Bridgette Holmes – Not Present

Jeffrey/Katherine Deacon – Not Present

Earle/Catherine Farley – Not Present

Kathleen Joan Desmarais – Not Present

Richard/Sandra Gendron – Present. Asked about the 32 acre lot. Will that be further subdivided?

J. Belanger stated they were trying to move forward with this project. There is the Wetlands Conservation District around the Bela Brook Area. We will be addressing this lot at a later date. Possibly breaking it into two lots.

Sue Bye – Present. In the future, you will be looking for one more lot.

Ryan/Marlo Newicke – Present. Have concerns about the access road and about negotiating a left hand turn off that driveway. If you look across that 50 foot wooded area, it is a blind spot.

J. Belanger stated the Board has asked us for a sight plan and construction details. We will provide this to the Town.

Mr. Newicke stated that even walking around that corner, he can’t imagine pulling my car around there.

James Marcou stated the sight plan should be treated the same as a Town Road. We want to build a safe situation. Possibly may have to widen or flare the driveway. We will also require proper signage for the public way.

Mr. Newicke also asked about proper drainage of the culvert.

Alma Kingsbury – Not Present

Carlos E. DelCarpio – Present. Stated this was a much better setup than the last one. This makes a difference with dealing with traffic. The drainage issue is of greater concern. Sounds like a better plan to me. Looking better than the prior setup.

Society for the Protection of New Hampshire Forests – Not Present

Joe/Pam Milioto – Not Present

Melissa Rouillard/Gary Auclair – Not Present

J. E. Belanger Land Surveying – Present (Representing the applicant)

The Board noted they will do a Site Walk on Saturday, March 12, 2005 at 8:00 a.m.

The public hearing was closed.

OTHER BUSINESS:

Guy Doucet – Request for a Special Exception for a Log Sorting Business on Jacqueline Drive

Alison Vallieres, Secretary, stated that the Dunbarton Zoning Board of Adjustment has recently had a Public Hearing for a Special Exception which, if granted, would come before the Planning Board as a Site Plan Review. She has recommended there be a Joint Meeting of the Planning Board . In addition, a Site Walk of the property is being conducted on Saturday, February 26, 2005 at 4:00 p.m. which she would suggest the Planning Board go on. Alison will advise the Planning Board members accordingly.

There being no other business, the meeting adjourned.

Respectfully submitted,

Alison R. Vallieres

Secretary