DUNBARTON PLANNING BOARD
TOWN OFFICES –
The regular monthly meeting of the Dunbarton Planning Board was held at the above time, date and place with Co-Chairman Brian Nordle presiding. The following members were present:
Brian Nordle, Acting Chairman
Alison Vallieres, Secretary
Mert Mann, Selectman
Kenneth Swayze, Admin., Planning and Zoning
David Breault, Alternate
Nordle, Acting Chairman, verified with the Secretary that the Public Notice for
the Meeting had been posted in three public places throughout the Town and
published in the
of Previous Meeting Minutes:
motion was made, seconded and passed unanimously that the Dunbarton Planning
Board approve the minutes of the
GPS PROPERTIES (C4-01-06) AMENDMENT/MODIFICATION TO PREVIOUSLY APPROVED 2-LOT SUBDIVISION LOCATED ON BLACK BROOK ROAD, ROUTE 13, POWELL LANE, AND OLDE MILL BROOK ROAD IN THE LOW DENSITY (5-ACRE) DISTRICT IN DUNBARTON, NH (To consider waiver request for driveway location; to consider correction of procedural infraction.) (04-017)
Kenneth Swayze presented a Status Report for the GPS
Properties, Inc. item. (attached) He noted that the previously approved 2 lot
subdivision needs an amendment/modification which consists of a Waiver for the
road. This was brought up at the previous
Workshop Meeting on
George Holt asked if the Planning Board was rescinding the approved subdivision.
The Board stated they were not rescinding the previously approved subdivision, they were acting on the request for a Waiver.
The Planning Board noted they were not here to discuss anything except the request for the Waiver.
George Holt stated that even thoughwe have decided that frontage equals access for them to access their lot as a non-frontage lot, they need a Waiver.
Comments from the Abutters:
Keith Jordan – Stated he missed a couple of meetings. Asked where the driveway is going.
Brian Nordle stated the driveway is off Olde Mille Brook Road. The frontage is on Black Brook Road and the parcel alsoabuts Old Mill Brook Road. We are talking about a driveway on the discontinued portion of Olde Mill Brook Road.
Phyllis Biron asked if the Planning Board would have approved this subdivision if this had been brought up before.
The Planning Board stated this would be conjecture, and there is no way of knowing at this time after the fact.
Sue Bracy stated she was looking at Michael Dahlberg’s letter, and he states in the third paragraph “because it would do substantial justice to the land owner and would prevent serious environmental impact to the surrounding area”. She stated she wanted to make sure the Board realizes that it would environmentally impact the land that they (Bracy) own and would not be doing substantial justice to the Bracy’s and the Biron’s.
Kenneth Swayze made a motion that the Dunbarton Planning Board approve the Waiver request of GPS Properties, Inc. to allow a single driveway access to Tax Lot C4-01-07, at other than the existing road frontage along Black Brook Road; to serve no more than one single-family or duplex dwelling unit. Access is to be off the discontinued portion of Olde Mill Brook Road at the southerly end. Applicant/owner claims a legal right to access by this former roadway. This is an amendment/modification to the 2-lot subdivision for GPS Properties, Inc. approved by the Board on February 16, 2005, and the applicable conditions shall be so noted on the filed plan.
The motion was seconded by Michael Poirier.
The Board noted that this is for one house site and has some advantages in that it will prevent the crossing of wetlands. To start considering more lots being subdivided is another issue. This is for one single family (or duplex) family home served by an approved driveway, not a road system..
George Holt stated that if we approve this and give them this waiver, what is to prevent them from coming back with the same thing. Then we have five lots accessing off this road.
The Board noted that right now we have two giant lots. That road is not in good condition to serve more lots. This has been stated many times by the Board at previous meetings. Again, this is an approval for a driveway access to a single dwelling site.
Brian Nordle noted the following would be voting members on this issue:
Brian Nordle stated he would only vote if needed to break a tie vote.
The motion passed by a majority with the following vote:
Swayze – Yes
Vallieres – Yes
Poirier – Yes
Mann – Yes
Holt – Yes
Breault - No
GERALD GELINAS AND DONALD PERKINS (B2-01-01 & 02) PROPOSED TWO LOT SUBDIVISION AND LOT LINE ADJUSTMENT LOCATED ON GORHAM POND ROAD IN THE LOW DENSITY (5-ACRE) DISTRICT IN DUNBARTON, NH (04-012)
At this point in the meeting, Kenneth Swayze stated that the applicants have asked that the proposed subdivision be continued until the next meeting in April.
NEW HAMPSHIRE TRADITIONAL HOMES, INC. (MICHAEL POIRIER) (G4-03-02) PROPOSED FIVE LOT SUBDIVISION LOCATED ON GRAPEVINE ROAD IN THE LOW DENSITY (5-ACRE) DISTRICT IN DUNBARTON, NH (05-003)
At this point in the meeting, Kenneth Swayze and Michael Poirier stepped down from the Board. Kenneth Swayze is an abutter to the project and Michael Poirier is the applicant.
The Planning Board noted that there is an abutter missing from the legal notification process which thereby makes the application deficient.
Brian Nordle made a motion that the Dunbarton Planning Board nullify and rescind the “Acceptance of Application” granted by the Dunbarton Planning Board on February 16, 2005, for a proposed 5-lot subdivision (Tax Lot #G4-03-02) by New Hampshire Traditional Homes, Inc. (Michael Poirier) located on Grapevine Road in the Low Density (5-acre) District. This action is being taken due to a deficiency in legal notice requirements as required by N. H. RSA 676:4 (application not complete: abutter’s list not accurate). The base application fee, paid by the applicant, shall be re-applied to any new application on this parcel, accepted by the Board within 60 days, insofar as such application is similar in scope.
Mert Mann seconded the motion. The motion passed unanimously.
ANNA CHAN (H5-02-01) PROPOSED FIVE LOT SUBDIVISION LOCATED OFF GILE ROAD (Class V and Class VI Road) IN THE LOW DENSITY (5-ACRE) DISTRICT IN DUNBARTON, NH (04-013)
Kenneth Swayze and Michael Poirier stepped back to the Board.
Kenneth Swayze presented a Status Report on the Anna Chan Proposed Five Lot Subdivision. (attached)
It was noted for the record by the Secretary that the Anna Chan Proposed Subdivision needs a 90 day extension from the Selectmen. Kenneth Swayze stated that the applicants should note this and in the chance that the 90 day extension is not granted by the Selectmen at their Thursday, March 17, 2005 meeting, all discussions this evening will be null and void. The applicants agreed and noted they were not expecting an approval this evening anyway. Alison Vallieres will request the 90 day extension from the Selectmen.
Jacques Belanger, Surveyor, and the Chan’s appeared before the Board. The Board requested he address the list of comments as follows:
1. Jacques Belanger stated that at the last Site Walk of Gile Hill Road, it had been agreed that the road would be 18’ of traveled way with two foot shoulders, with wider shoulders when possible.
2. The Conservation Commission has met twice with the applicants. They were concerned about the fact that one of the abutters could not make the meeting. We have gotten no feedback from the abutter, however. The Conservation Commission wants us to provide an inventory of trees that need to be cut for road improvements. In addition, they want to be included in the pre-construction meeting. In addition, they want to “deputize” someone in the neighborhood to oversee the operation.
3. There will be a large back lot for the Town to use as they see fit. It will not require a building permit.
4. Town of Bow has requested a “Crash Gate” at the Bow end of the road. The Town of Bow has received updated copies of the plans which Jacques Belanger brought over to them. Bill Klubben, Town of Bow, has indicated they want to remain on the abutter’s list for notification.
Kenneth Swayze noted that because this is a single access roadway, it requires it be given to all Town Departments for comments; Fire Chief, Police Chief and Road Agent. We are required to do this for dead end roads. Asked if they would agree to in-house fire suppression. No decision on this at this time by the Chan’s.
Letter from Don Mayo regarding road. (attached)
5. Jacques Belanger stated they have addressed the situation with the perambulation of the Bow/Dunbarton Town boundary lines.
6. With regard to frontage access to Lot B (future Town lot), we have shown a 75 foot strip which shows the existing stone foundation to be preserved.
Kenneth Swayze asked if it would be possible to “round off” the frontage on the Town Lot. Jacques Belanger stated he felt this was a bit excessive. Would have to rework the plan, etc., but will look at it.
7. Jacques Belanger noted he had walked the road with Don Mayo. Don Mayo has indicated the road plan is weak. The Board noted the applicants were instructed to just provide a profile and layout of the road at this time. Should establish a cross section on the 18 foot wide road. It will be the same standard as for a Town Road but less paving. They will need to keep road improvements on the Chan side. Will move forward for Wetlands Impact area.
The abutter’s list for the Chan proposed subdivision was not read. There were no abutters present, and no comment from the public.
Jacques Belanger asked the Board what they need to do to finalize.
K. Swayze stated the Board needs the conditions for any required improvements for the lower section of Gile Road.
J. Belanger stated they did look at the entire length of Gile Road and that is why we are down to five lots, including the home lot and the one that will be given to the Town.
Jeff Crosby, Road Agent – Stated he would be looking for some minor improvements to help out what is already there. You can’t do much on Gile Road but you can put in spot gravel to create more of a crown, etc. At some time, Brennan is going to do something. At that time, we would ask him to do something about the road also. He should be required to do something also.
It was noted that Jon Wiggin, Fire Chief, has some comments about fire and safety; plus he drives an oil truck up this road.
Kenneth Swayze noted that road improvements are supposed to be proportional. This proposal is 50% of the houses on the road. We will not be reconstructing the whole road.
Jeff Crosby stated that culdasacs do not work for road turnarounds. It should be a hammerhead or T construction or a box. The culdasacs cause many problems in snowplowing. The blade goes off the pavement and causes pavement breakup. The trees are a problem. You are talking about an 18’ road and after you plow, it is down to 12’.
The Board noted that the Chan’s will need a Bond for Construction prior to having the Plan filed, if the work is not done prior to filing.
Jacques Belanger indicated they will plan to come to the Board with a final plan for the next meeting.
At this point, there was a Board discussion about the requested “Crash Gate”. Alison Vallieres stated she didn’t see how the Town of Bow could require a “Crash Gate” on Town of Dunbarton property. Presently, the road is being accessed on the Bow side.
The Board indicated they will request Road Signage.
Perry Court Case:
Kenneth Swayze stated that the Perry Site Plan Approval has been upheld in Court. The Town won their case on all five counts. Comments received by the Town Attorney stated that the Board’s minutes and record were well kept. The Dunbarton Planning Board does a good job. In addition, the Court ruled there was no merit in the claim that the Perry Request was a PRD.
Kenneth Swayze stated there is a scheduled meeting on Thursday, March 17, 2005 at 10:00 a.m. with the Golf Course applicants.
Kenneth Swayze stated that the time frame for updating the Dunbarton Planning Board Subdivision Regulations is February 2006. Will work with a sub-committee to update.
Brian Nordle stated that now that the Master Plan is complete, there is less need for the Planning Board to hold Workshop Meetings. The consensus of the Board was to eliminate the Workshop Meetings starting in April. There will be no Workshop meetings from this point on, except as may be required by the Board.
MASTER PLAN STATUS UPDATE:
Brian Nordle stated that because of corrections and changes in the Master Plan, it will require another Public Hearing. The Public Hearing will be scheduled for Wednesday, April 20, 2005 at the Regular Planning Board Meeting. It will be a “Reaffirmation of the Previous Vote”, with discussion only on the affected chapters.
There being no further business, the meeting adjourned at 8:30 p.m.
Alison R. Vallieres, Secretary