DUNBARTON PLANNING BOARD

WEDNESDAY, JULY 20, 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

Alison R. Vallieres, Secretary

Mert Mann, Selectman

Kenneth Swayze, Admin., Planning and Zoning Department

Michael Poirier

Terry Swain, Alternate

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

APPROVAL OF PREVIOUS MEETING MINUTES: WEDNESDAY, JUNE 15, 2005

A motion was made by Kenneth Swayze, seconded by Michael Poirier to approve the Dunbarton Planning Board minutes of Wednesday, June 15, 2005 as written.

At this point in the meeting, James Marcou, Chairman, stated that Terry Swain, Alternate, would be serving as Alternate to Brian Nordle who was absent from the meeting.

7:00 P.M. - PUBLIC HEARINGS:

SITE PLAN REVIEW - DUNBARTON 88, LLC (B3-02-01, B4-01-11, A4-01-05, AND A3-01-04) PROPOSED WATCH HILL DEVELOPMENT-MULTI-FAMILY DEVELOPMENT LOCATED OFF ROUTE 13 IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH. FOR SITE PLAN REVIEW. (05-001)

Robert Pike, Owner, Jan McCourt, Engineer, Marie Dolder, from Uchida Law Office and Jacques Belanger, Surveyor, appeared before the Board on behalf of the project.

Kenneth Swayze reported that the Board had not received complete consultant’s reviews of the project at this time. Based on this, the Chairman informed the public that the Board would be unable take any action this evening.

1. Don Mayo, Town Engineer, has submitted a “preliminary review” of the project but has indicated he needs more time to review the project in greater detail. (attached)

2. Central New Hampshire Regional Planning Commission has not completed their review of the project. K. Swayze indicated Mike Tardiff is the person at Central Regional responsible for overseeing this project.

3. Town Counsel (Ransmier and Spellman) just received copies of the legal documents for their review. They have indicated they will be commencing work on these documents next week.

Marie Dolder, Attorney, stated that the final legal documents will show everything that the Planning Board has brought up.

4. Fire Chief and Police Chief needs to write final letter regarding the development.

5. Nick Cricenti, SFC, has completed his review but has indicated he would like to wait until all the plans

are complete for a final review,pending any major changes.

Jen McCourt indicated that if they receive the reviews just prior to the two week deadline for the next submittal for Planning Board items, they will not have enough time to make the recommended changes prior to the Planning Board deadline.

Bob Pike indicated a concern about Central New Hampshire Regional Planning’s review of the project and when it would be completed. There are new people working on the project now. Kerrie Deers started the review and now she has left the agency. Stated he understands Don Mayo, Town Engineer, needing more time.

James Marcou, Chairman, noted they will need a complete technically accurate set of plans prior to going forward. We could be sitting here for another 90 days possibly.

James Marcou, Chairman, stated that the following Board members had gone on the Site Walk of the project on Monday, July 18, 2005 at 5:00 p.m.

James Marcou

Kenneth Swayze

Alison Vallieres

Mert Mann

Terry Swain

James Marcou, Chairman, stated he felt he could speak for everyone present that it will be a “grand” project when it is completed. The applicants have done a good job on a large project.

Terry Swain stated he would “echo” the Chairman’s comments.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planing Board continue the Site Plan Review of Summerhill Development (Dunbarton 88, LLC) for 30 days. Mert Mann seconded the motion. The motion passed unanimously.

It was agreed by the Planning Board that if the project needed an extension for another 90 days, the Secretary would request the extension from the Selectmen’s Office.

NEW BUSINESS:

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

MANSION HEIGHTS LLC (G3-1-5) (G2-5-7) (G2-5-15) (G2-5-12) AND JAMES AND SANDRA WHITE PROPOSED LOT LINE ADJUSTMENT AND MINOR MODIFICATION TO PREVIOUSLY APPROVED SUBDIVISION LOCATED ON MANSION ROAD IN THE MEDIUM DENSITY DISTRICT IN DUNBARTON, NH

Kenneth Swayze stated that this was the second time that this project had been advertised on the agenda. There were several items to be cleaned up but it would be up to the Board if they decided to accept the application this evening. He presented a Status Report on the project. (attached)

The Board reviewed the outstanding items and admonished Mr. Belanger to be more thorough in providing a complete and accurate submittal.

MOTION:

Michael Poirier made a motion that the Dunbarton Planning Board accept the application as submitted for the Mansion Heights LLC (G3-1-5) (G2-5-7) (G2-5-15) and (G2-5-12) and James and Sandra White proposed Lot Line Adjustment and Minor Modification to previously approved subdivision located on Mansion Road in the Medium Density District in Dunbarton, NH. and start deliberations this evening. Alison Vallieres seconded the motion. The motion passed unanimously.

Jacques Belanger, Surveyor, appeared before the Board and presented a plan showing the proposed Lot Line Adjustment and Minor Modification. He stated Mansion Heights would be adding 1.43 acres to the James White property (which presently consists of 5 acres) making a total of 6.43 acres with 318 feet of frontage. He stated this does not affect the lot size of the lot giving the 1.43 acres. It will still be over the required minimum of 3 acres. He noted this is a minor thing and not a big project.

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

Edward/Vicki Klements – Not Present

Roger/Pamela Bergeron – Not Present

William Baril – Not Present

Ellie Stein – Not Present

Dennis Forcier – Not Present

Scott/Deborah Aubrey – Not Present

Orvis/Doris Cunningham Trust – Not Present

SPNHF – Not Present

David/Jennifer Allen – Not Present

Mark Kilmister – Not Present

James/Sandra White – Present (applicants) No comments

Louis/Debra Ann Marcou – Not Present. At this point, the Chairman stated this was his brother.

Robert/Janice Boynton – Not Present

Sylvia Bowman – Not Present

Catherine McDonald/Rene Ouelette – Not Present

Beverly Marcou – Not Present

Lynn Marcou - Not Present

Town of Dunbarton – Present (Selectman)

Robert Rook, Engineer – Not Present ( representing the applicants)

Schauer Environmental Consultants – Not Present

J. E. Belanger Surveying – Present (representing the applicants)

Comments from Members of the Public:

None

Board Discussion:

Terry Swain asked about the well situation and if it had to be dealt with at this time. The Board indicated this is not an issue for the Board at this time. Once the road is put in, the decision will have to be made as to whether they will put in a new well, etc. At this stage of the game, this is not an issue.

At this point, the Board reached a consensus to act on this request at this meeting.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board approve the proposed Lot Line Adjustment and Minor Modification to previously approved subdivision as presented by Mansion Heights LLC for Lots (G3-1-5) (G2-5-7) (G2-5-12) and (G2-5-15) and James and Sandra White as presented this evening subject to having a complete and technically accurate plan and payment of all required fees and completion of all required work. Michael Poirier seconded the motion. The motion passed unanimously.

MARK KILMISTER, ADMINISTRATOR OF BARBARA KILMISTER ESTATE, (F3-2-4 & 21) PROPOSED LOT LINE ADJUSTMENT LOCATED ON BARNARD HILL ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

Kenneth Swayze reported on the above item and presented a Status Report. (attached) He stated for the record that this item had been on the agenda for two months with notifications being made to the public.

The Board verified with Jacques Belanger, Surveyor, that an Assignment of Agent had been received from Mark Kilmister.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the proposed application from Mark Kilmister, Administrator of Barbara Kilmister Estate (F3-2-4 & 21) Proposed Lot Line Adjustment located on Barnard Hill Road in the Low Density District in Dunbarton, NH and start deliberations this evening. Michael Poirier seconded the motion. The motion passed unanimously.

Jacques Belanger, Surveyor, explained that the plan was to divide the land between two families. They would be annexing 23 acres onto the 6.44 acre lot and leaving the back land. They would not be creating any new lots. They are presently all vacant lots with no homes on them.

Abutters were notified by certified mail as follows: There were no abutters present:

Scott/Julie Simpson

James Halla

Dan Terrell/Marilyn Bullock

Scott/Kathleen Murray

Jeff/Marcia Trexler

Gary/Jennifer Milbury

David/Andrea Lingley

Jane/Anne Kalinski

Daniel/Stacy Desrosiers

Eugene/Donna Alfonso

James/Marie LaChance

Dennis/Linda Beauliea

Mansion Heights

SPNHF

Ellie Stein

David/Jennifer Allen

J. E. Belanger Surveying

Other Members of the Public:

None

Board Discussion:

The Board, by consensus agreement, indicated this matter could be properly considered for approval this evening.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board approve the proposed Mark Kilmister, Administrator of Barbara Kilmister Estate, (F3-2-4 & 21) proposed Lot Line Adjustment located on Barnard Hill Road in the Low Density District in Dunbarton, NH as presented this evening subject to a complete and technically accurate plan, payment of all fees, and completion of all required work. Michael Poirier seconded the motion. The motion passed unanimously.

MICHAEL/LOUISE DETURK (C6-01-03) AND JANET MOZRALL (C6-01-04) PROPOSED LOT LINE ADJUSTMENT AND TWO LOT SUBDIVISION LOCATED ON 1201 MONTALONA ROAD IN THE LOW DENSITY IN DUNBARTON, NH

At this point in the meeting, Michael Poirier stepped down from the Board because of abutter status.

Kenneth Swayze reported that the Surveyor had submitted this proposed Lot Line Adjustment and Two Lot Subdivision well in advance of the deadline and therefore had been able to make minor changes as recommended by the Planning Department. Ken Swayze submitted a Status Report on the Project. (attached)

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the proposed application from Michael/Louise Deturk (C6-01-03) and Janet Mozrall (C6-01-04) proposed Lot Line Adjustment and Two Lot Subdivision located on 1201 Montalona Road in the Low Density District in Dunbarton, NH as presented this evening and start deliberations. The motion was seconded by James Marcou. The motion passed unanimously.

It was noted that this proposal would meet the requirements of the Large Lot Subdivision regulation. There will be a 75 acre lot with 75 feet of frontage and a new lot of 5.1 acres, with over 300 feet of frontage.

Mike Dahlberg, Surveyor, appeared before the Board on behalf of the applicants.

1. He stated that he would be requesting a Waiver from the Planning Board requirement of flagging the Wetlands Conservation District because they would be approximately 900 feet from the District.

Board indicated they would need this request in writing. The Planning Board is required to notify the Conservation Commission regarding this Waiver and get their input.

2. Indicated the applicants have no plans to further develop the property at this time.

Planning Board would recommend that Michael Dahlberg, Surveyor, draft a letter requesting the waiver to the Dunbarton Planning Board with a copy to the Dunbarton Conservation Commission stating the reasoning for the waiver.

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

Mary Carlisle-Stadelmann – Not Present

Michael/Soheila Degieux – Not Present

David/Jane Barkie – Not Present

Joseph/Diane Richard – Not Present

Baillargeon 2000 Family Trust – Not Present

Joseph Frazzoni, Kimberly Sterl – Not Present

Guy Rogers – Not Present

Gerald Dugrenier – Not Present

Malvina Jarosz – Present. No Comments or objections.

NH Traditional Homes – Present. No Comments.

John/Mildred Moody – Not Present

Town of Dunbarton – Present. (Selectman present)

Dahlberg Land Services – Present. (Representing the applicants)

Member of the Public:

None

Members of the Board:

It was noted by the Board that it would be fair to say that because of the distance and the expense of flagging of the Wetlands Conservation District, it would be a hardship to the landowner.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the proposed Michael/Louise DeTurk (C6-01-03) and Janet Mozrall (C6-01-04) proposed Lot Line Adjustment and Two Lot Subdivision located on 1201 Montalona Road in the Low Density District in Dunbarton, NH as presented this evening until the next monthly meeting in August. The motion was seconded and passed unanimously.

OTHER BUSINESS:

CIP PROGRAM – UPDATE

James Marcou, Chairman, reported that David Breault, Planning Board member, will be Chairman for the CIP Program. Charles (Chuck) Graybill will be the Selectmen’s Representative for the CIP Project. Other members of the Planning Board will serve as needed.

SUBDIVISION REGULATIONS – UPDATE

James Marcou, Chairman, noted that the Dunbarton Planning Board Subdivision Regulations are in dire need of being updated. This will be a priority project for the Board. Kenneth Swayze will work on them. In addition, the Board should consider paying to have the regulations done.

CERTIFIED MAIL:

Alison Vallieres stated that the Post Office has a new process of handling certified mail. Each individual letter needs to be scanned into the system which takes considerable additional time when there is a mailing of over 100, etc. (The Post Office has indicated this is necessary in order to have a complete tracking of each certified letter) She would like to only notify abutters for the first meeting of a subdivision with a note on the agenda that there will not be further certified letters being sent. Items are on the agenda for 3-4 months and abutters do not pick up their certified letters once they receive the first one. Ken Swayze stated that he knew other towns in the area did not notify abutters after the first meeting.

Ken Swayze will look into the possibility of doing this in accordance with the State RSA.

There being no further business, the meeting adjourned at 8:10 p.m.

Respectfully submitted,

Alison R. Vallieres

Secretary