DUNBARTON PLANNING BOARD
TOWN OFFICES –
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
Certified Mail Notices to Abutters Procedure:
At this point in the meeting, Alison Vallieres, Secretary, stated that all Certified Mail notices for this meeting had included a letter which explained that abutters would only be notified for the first time that the request appears on the Dunbarton Planning Board agenda. (attached letter) This process is completely legal according to the State RSA’s and Dunbarton is one of the few towns in the State which stills notifies all abutters for every time the request is on the agenda. It involves considerable cost to the town and the applicants. In addition, once the abutters receive the first notice, they do not pick up the rest of the certified letters.
At this point, Larry Cook, Dunbarton Conservation Commission, asked if it would be possible for the Secretary to mail out a “courtesy” first class letter to the abutters notifying them of all items on the agenda. The Board agreed that this would not resolve the problem. This would still mean considerable mailings. It should be “all or nothing”. The Board will try this system out to see if it is workable.
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 also published in the Concord Monitor. In addition, the Public Notice was posted on the Dunbarton Web Page.
APPROVAL OF PREVIOUS MEETING MINUTES: WEDNESDAY, JULY 20, 2005
Brian Nordle amended the minutes to note that he was also present at the Site Walk for the Golf Course Project, on Monday, July 18, 2005.
A motion was made by Kenneth Swayze, seconded by Michael Poirier to approve the Dunbarton Planning Board minutes of Wednesday, July 20, 2005 as amended.
7:00 P.M. - PUBLIC HEARINGS:
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
Michael Poirier stepped down from the Board because of abutter status on the DeTurk/Mozrall Property.
Kenneth Swayze presented a Status Report of the DeTurk/Mozrall Proposed Lot-Line Adjustment and Two Lot Subdivision (attached). He also included a copy of a letter from Michael Dahlberg, Surveyor for the applicants, requesting that the Conservation Commission waive the marking of the Wetlands Conservation District on the remainder parcel (attached).
The Board requested Michael Dalberg to address the Comments on the Status Report as follows: Mr. Dalberg stated the following:
1. Stated that his clients will not apply to the Dunbarton Zoning Board to request a Variance from the flagging of the Wetlands Conservation District because of time constraints. They intend to flag the Wetlands Conservation District as required.
2. Stated the larger tract references a plan on file at the Registry of Deeds. The back survey is a compass and tape survey which is mathematically correct. The remaining acreage is 58 acres. Would ask the Dunbarton Planning Board to waive the requirement for a complete survey of the back portion of the property.
3. Stated the applicant has agreed to the request for a 30 foot centerline offset dedication along Montalona Road.
4. Stated that the applicant would request that the Dunbarton Planning Board waive the request for a Site Walk.
At this point in the Public Hearing, Kenneth Swayze stated that it is “standard procedure for the Board to do a Site Walk” and would not be in favor of waiving the applicant’s request to waive the Site Walk.
The Board reached a consensus that they should do a Site Walk of the property.
With regard to the applicant’s request for a waiver for the complete survey of the entire property, Ken Swayze stated he would agree with the applicant’s survey. The back land is not the issue. The important part of the survey is the frontage and the 75 foot corridor, etc. Mr. Dahlberg has stated this has been completely surveyed. I don’t feel the Board needs a full blown complete survey to make their decision.
Kenneth Swayze made a motion to grant a Waiver to the Michael & Louise Deturk/Janet Mozrall Lot Line Adjustment and Proposed Two Lot Subdivision to not require a complete survey on the back two thirds of the lot. James Marcou seconded the motion.
Brian Nordle asked if the front portion of the property would be covered by the waiver.
Mr. Dalhberg stated the front portion was completely surveyed. The back portion had been done some time ago by a tape and compass survey and he would consider it a good survey.
Brian Nordle asked if the 75 foot right of way had been resurveyed.
Mr. Dalhberg stated the entire frontage and right of way had been resurveyed by him. He will add a note to the plan.
Brian Nordle stated there was previously an applicant before the Dunbarton Planning Board who was required to survey the entire lot for a similar situation of breaking off only one lot. He felt that we should be fair to all applicants. If we required another applicant to survey the entire lot, we should require this applicant also.
James Marcou asked if the Dunbarton Planning Board was asked by the previous applicant for a waiver to this requirement.
It was determined that the Board had not been requested by the previous applicant for a waiver plus there was not a previous survey to fall back onto. There was no base point because the lot had never been surveyed.
The motion was passed by a majority vote as follows:
Marcou – Yes
Swayze – Yes
Vallieres – Yes
Mann – Yes
Breault – No
Nordle – No
The Dunbarton Planning Board scheduled a Site Walk for Monday, August 22, 2005 at 5:30 p.m.
Abutters were read as follows and noted that 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 – Note Present.
NH Traditional Homes (Michael Poirier) – 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:
Kenneth Swayze made a motion that the Dunbarton Planning Board continue the Proposed Lot Line Adjustment and Two Lot Subdivision between Michael & Louise Deturk/Janet Mozrall until the next Planning Board meeting (to be held September 21, 2005). Mert Mann seconded the motion. The motion passed unanimously.
GERALD GELINAS AND DONALD PERKINS (B2-1-1 & 2) PROPOSED TWO LOT SUBDIVISION AND LOT LINE ADJUSTMENT LOCATED ON GORHAM POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Michael Poirier continued to be stepped down from the Board because of abutter status.
Kenneth Swayze presented a Status Report on the Gelinas/Perkins request for a proposed Two Lot Subdivision and Lot Line Adjustment. (attached)
Jacques Belanger, Surveyor, and one of the applicants, Don Perkins stated that there were still some incomplete items to be resolved, one of which was a complete plan showing all requirements of the Planning Board. They stated they felt they could be taken care of by the next Dunbarton Planning Board Meeting in September.
The Board indicated they need a complete plan that shows detail locations of business and junkyard uses.
Ken Swayze stated that the Department of Environmental Services, Carl Woodbury, will be taking a look at the property. He noted this will be done as soon as next week. He stated this property is presently a junkyard and must adhere to the requirements for setbacks for a junkyard (125 foot setback). The plans are to convert a portion of it to a residential lot. Because of this, the 125 feet setback must be adhered to if the property continues to be used as a junkyard. In addition, they will try to obtain water tests, etc. It is a matter of getting the plan “in line” with the Planning Board requirements.
One of the applicants (Don Perkins) noted that Mr. Gelinas wants to get out of the junkyard business and continue as a small auto repair shop. He is presently removing cars from the property. The Planning Board indicated they also wanted to make sure the railroad cars are removed.
Ken Swayze noted in addition to the items listed on the Comments on the Status Report, they will need the following prior to the Board making a decision:
1. Filed application for wetlands permits.
2. Water Tests
Don Perkins stated the Gerry Gelinas has made arrangements for hauling vehicles away.
The Board noted that according to the way it is presented at this time, Gelinas will discontinue the junk yard and continue a vehicle repair shop. It will have to be determined as to how many cars will be allowed for the Vehicle Repair Shop. Don Perkins indicated that Gerry Gelinas has stated at one time that he be allowed ten (10) vehicles on the premises for the Vehicle Repair Shop.
Ken Swayze stated he felt there should be some sort of buffer to the adjoining property. This will be a Commercial Use next to a Residential use. The Planning Board should come to some sort of agreement with the applicant as to the total number of vehicles allowed on the premises for the Vehicle Repair Shop. Ken noted the use is a “grandfathered use”.
Alison Vallieres asked if this was something the Planning Board had jurisdiction over. Is this within the Zoning Board of Adjustment’s realm? Is this a change of use?
It was noted that the applicant (Gelinas) had always had a Vehicle Repair Shop on the premises therefore it was a “grandfathered use” and did not need to go to the Zoning Board, etc.
Ken Swayze stated that Mr. Gelinas has indicated he was going to discontinue the existing junkyard and continue the vehicle repair shop, and will agree to limiting the number of vehicles to no more than ten (10). He stated he felt there should be some sort of buffer between the Vehicle Repair Shop and the Perkins property. If they take the junk yard status away, the 125 feet buffer will go away but, he stated they need to come up with a setback on the “new” residential lot line. The Board needs a complete site plan.
David Breault asked what kind of buffer are we looking for?
The applicant (Perkins) stated that Gerry Gelinas has agreed to move the railroad cars out. He stated that Gerry Gelinas plans on cleaning the area and getting out of there. There would be ten (10) vehicles of mixed use on the premises including cars to be worked on.
James Marcou noted the Board should have an updated plan and “good news” for the next month.
Abutters were read as follows and noted all had been notified by certified mail:
Michael Poirier – Present. Stated he was glad to see that the property was getting cleaned up.
Henry/Joan Burnham – Not Present
Susan Lurgio – Not Present
Tondy E. McGowan – Present. No comments.
David/Amanda Mattil – Not Present
J. E. Belanger Surveying – Present (Representing the applicant)
Schauer Environmental Consultants – Not Present (Representing the applicant)
At this point in the discussion, Jacques Belanger noted they were asking for a 90 day extension for the Gelinas/Perkins project. The Planning Board agreed to request a 90 day extension from the Dunbarton Board of Selectmen.
Kenneth Swayze made a motion to continue the Public Hearing until the next meeting scheduled for September 21, 2005. The motion was seconded and passed unanimously.
ARTHUR AND KATHLEEN BOISVERT (B3-02-12) – APPLICATION/REQUEST FOR A PUBLIC HEARING BY THE DUNBARTON PLANNING BOARD TO CONSIDER RESCINDING A CONDITION ON A PREVIOUSLY APPROVED (JANUARY 1980) SUBDIVISION THAT RESTRICTS FUTURE SUBDIVISION ON A 12.8 ACRE LOT-OF-RECORD, LOCATED ON GORHAM POND ROAD IN THE LOW DENSITY (5 ACRE) DISTRICT IN DUNBARTON, NH (05-007)
Michael Poirier stepped back onto the Board.
Ken Swayze stated that Mr. Boisvert has directed a letter through his Surveyor Jacques Belanger requesting that the condition restricting the further subdivision of his lot be rescinded by the Dunbarton Planning Board. (attached) This is his application.
At this point in the meeting, Ken Swayze indicated he had provided the Board members with information on the RSA that allows the Board to rescind a former action (attached).
At this point in the discussion, Mike Lupa stated he was an abutter and had not been notified. The Secretary reviewed the abutter’s list and noted that Michael Lupa was notified by certified mail and the address was 1100 Gorham Pond Road. Mr. Lupa stated that this was his old house. His new number is 1092 Gorham Pond Road.
The Planning Board Chairman asked Mr. Lupa if he considered himself notified based on the fact that he was present, etc. Mr. Lupa stated he had no problem with this.
Ken Swayze noted the Board needs to either accept or deny the request based on information from the applicant. The applicant feels they have a buildable lot today versus back in 1980. The rules have been changed by the State. They want the Board to rescind the note on the subdivision plan which is filed at the Registry of Deeds.
James Marcou, Chairman, asked the Board if we should grant them the opportunity to present their case? It was noted that the note was put on the plan based on soil issues. (copies of minutes attached)
Brian Nordle made a motion that the Dunbarton Planning Board accept the application of Arthur/Kathleen Boisvert to review and listen to the presentation this evening for possible revoke/rescind the note on the plan. Mert Mann seconded the motion. The motion passed unanimously.
Jacques Belanger, Surveyor, presented the case as follows:
1. Stated that in the minutes the only discussion on Lot #3 was soil loading. The approval put the condition on the plan based on soil types. At that time in 1980, it was a State requirement that test pits be 8 feet deep to impermeable conditions for a building site. This has since been changed to four (4) feet or less. It was more difficult to get State approvals for septic systems in 1980.
2. Stated they did two test pits and stopped at 6 feet to prove that we have a receiving area. No one has any interest in this other than the owner. The lot is being split in half. There will be a five acre lot and the remaining 7.8 acres going with the existing house.
3. Stated that it would be possible now to get a State Approved Septic System on the proposed lot based on the updated criteria.
James Marcou noted that Jacques Belanger has stated that he could get a State Approved Septic System on the property. He stated he felt the Board should do a Site Walk and get another opinion from another Septic System Designer. He stated the Planning Board was acting properly in 1980 based on the criteria at that time. The criteria has changed since 1980 and septic systems have improved.
Brian Nordle asked if the soils were marginal. Asked the applicant if they had an Approved State Septic Design at this time. The applicant did not.
Brian asked if the existing septic system had ever failed.
Jacques Belanger stated it had not failed. Stated it was not going to be an issue with the receiving area.
It was indicated the soils were very stony material and possible shallow ledge.
Abutters were read as follows and noted all had been notified by certified mail:
Michael Lupa – Present. Stated he did a Lot Line Adjustment previously. Stated he had done a Wetlands Survey at that time and he made reference to wetlands that come through the location.
Ken Swayze asked if he had a problem with this condition being removed from the previously approved plan.
Mr. Lupa stated no.
Michael/Elizabeth Ferdina – Present.
David/Melissa Willis – Not Present
Marilyn Greenhalge – Not Present
Starr Trust – Not Present
Town of Dunbarton – Present. (Selectmen Representative Mert Mann)
Other Members of the Public:
Jeff Crosby – Stated he had dug the test pits on the property. At 50 feet off the road we hit a lot of ledge. Went back further into the lot about 150 – 200 feet off the road, and we got down 6 feet and the soil was not that bad. This was away from the “bowl”.
Arthur Boisvert stated that the wetlands “bowl’ referred to would be on his 7.5 acres. The new lot would be the five acre lot. The “bowl” is on the back of the lot.
Ken Swayze noted that Mr. Boisvert has already agreed to get another opinion from a Licensed Septic System Designer and also has agreed with the Board doing a Site Walk of the property. This Site Walk would also qualify as the Site Walk in the event that Mr. Boisvert requests a subdivision of the property.
At this point in the discussion, the Planning Board scheduled a Site Walk for Monday, August 22, 2005 at 6:30 p.m.
George Holt asked why doesn’t the Board just require a State Approved Septic System Design.
OLD BUSINESS: None
RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD; FOR COMPLETION.
SITE PLAN REVIEW - US CELLULAR (RICHARD AND NICOLETTE HECKER) (C3-5-7) REQUEST SITE PLAN REVIEW TO INSTALL A 150 FOOT SELF SUPPORTING STEALTH “MONOPINE” TOWER WITHIN A 75 FOOT BY 75 FOOT FENCED COMPOUND. THE APPLICANT WILL LOCATE ITS APPURTENANT COMMUNICATIONS EQUIPMENT WITHIN A 12’ X 20’ EQUIPMENT SHELTER AT THE BASE OF THE TOWER, FROM WHICH CABLING WILL CONNECT THROUGH THE INSIDE BODY OF THE TOWER TO ITS ANTENNAS, LOCATED JUST BELOW THE TOP OF THE TOWER. THE APPLICANT WILL INSTALL A NEW ELECTRICAL PANEL, ELECTRIC AND TELEPHONE LINES TO THE SITE. THE FACILITY WILL BE ENCLOSED ENTIRELY BY AN 8 FOOT FENCE TO PREVENT UNAUTHORIZED ACCESS TO THE FACILITY. THIS FACILITY WILL ALSO MAKE AVAILABLE ADDITIONAL AREA FOR THE CO-LOCATION OF OTHER CARRIERS. THE FACILITY IS UNMANNED AND WILL BE ACCESSED APPROXIMATELY 1 TO 2 TIMES PER MONTH FOR MAINTENANCE PURPOSES.
Kenneth Swayze presented a Status Report on the U. S. Cellular request for a Site Plan Review and noted the application and plan were substantially complete (attached).
James Marcou, Chairman, asked about fees due and the $1,620 postage and public notice costs incurred by the Zoning Board. Attorney Grill stated he had been in contact with the Town Attorney regarding the fees for the previous Zoning Board Hearings. Stated he did not feel that this was related to this application. They were not aware that certified letters and public notices had been done for the ten months that the U. S. Cellular appeared before the Zoning Board of Adjustment. It was agreed that fees will be paid prior to final action by the Dunbarton Planning Board.
Attorney Grill stated he wanted to apologize for any offense to the Board in his correspondence. They did apply for a 180 foot tower and finally agreed to a 150 foot tower. We have done our best to minimize the impact of the tower.
Kenneth Swayze made a motion that the Dunbarton Planning Board accept the application for a Site Plan Review from U. S. Cellular and hear the presentation this evening. James Marcou seconded the motion. The motion passed unanimously.
Ken Kozyra, U. S. Cellular stated they have applied to the Dunbarton Board of Selectmen for permission to build on a Class 6 road. Powell Lane ends at the end of Hecker’s Driveway and becomes a Class 6 road and is accessible by a four wheeled drive vehicle. The area where the tower will be located is readily accessible from the Hecker’s property. Presented the request as follows:
1. Stated U. S. Cellular plans to build a compound of 75’ x 75’ within a 100’ x 100’ area.
The Board asked why U. S. Cellular does not lease the driveway.
Attorney Grill stated it would be a non-exclusive easement.
Board asked about the complete survey of the property.
U. S. Cellular stated they had surveyed one third of the property. We show the existing grade of the property. We are hugging the property line with the driveway entrance. It will be a typical gate detail with bolts on each side and will be locked as well. The plan is to run utilities off an existing utility pole.
James Marcou asked if utilities would be above ground or in-ground. Who would be the telephone service for the facility?
U. S. Cellular indicated they would be above ground. Telephone service will be provided by Dunbarton Telephone Company.
2. Stated the proposed compound will provide shelter for two tanks, one for propane and the other for oil and equipment.
3. Stated there will be four possible tenant locations on the tower. Will provide for up to four future locators. Noted the Town of Dunbarton has asked for free space for Town Safety Services (Police and Fire).
4. Stated they have agreed to a Monopine (natural tree like) Tower which would be subject to the Dunbarton Planning Board’s Site Plan Review process.
5. Stated the compound will be a prefabricated aluminum building with heating and air conditioning with one light for the facility.
James Marcou asked how U. S. Cellular felt about paying for the Town Engineer review of the request and U. S. Cellular paying the cost. We consider this standard procedure for a Site Plan.
U. S. Cellular indicated they did not feel this would be a problem.
Brian Nordle asked about coverage and if this would allow him coverage off Twist Hill Road where he lives.
Ken Kozyra presented a coverage map showing coverages and existing gaps, etc. There will be gaps along Twist Hill Road even with the 150 foot tower. (That is why they wanted a 180 foot tower.)
Abutters were read as follows and noted all had been notified by certified mail:
Eleanor Swindlehurst Trust – Present. No comments.
John Swindlehurst Trust – Present. Stated he was opposed to the Cell Tower. If I had of wanted it, it would probably have been on my property. He had two areas of concern:
1. It would be beneficial if the tower were set at the edge of the Town. Should be a provision that a tower be no more than 20 feet above the tree growth of the area. This would prevent someone from locating in a golf course or lawn. In my travels, the most inconspicuous tower I saw was located ten feet behind a sidewalk in St. Ann’s, Nova Scotia.
2. The driveway easement is right against the property line along the stone wall. I would like to see a 25 foot setback from the stone wall so the stone wall doesn’t get taken down, etc.
David/Martha Delaney – Not Present
Peter/Linda Hecker – Present. No Comments.
GPS Properties – Not Present
City of Manchester – Not Present
Town of Goffstown – Not Present
Town of Weare – Not Present
Town of New Boston – Not Present
Town of Hooksett – Not Present
Town of Hopkinton – Not Present
City of Concord – Not Present
Town of Bow – Not Present
Other Members of the Public:
Larry Cook, Conservation Commission, asked how high above the tree canopy will the tower be.
K.Kozyra stated the tree canopy is between 65’ and 75’ below the proposed 150 foot tower.
John Trottier noted the tower is located on the plan as the Zoning Board requested at 150 feet from the property lines.
Attorney Grill noted that the antennae will look like an artist’s rendition of a tree. Zoning Board required that it be an artificial tree and left it up to the Planning Board. Have presented a Tree Study with different designs. The antennae are within the tree limbs. Some look better than others. We are happy to work with the Board in picking out the design. It doesn’t make sense to add limbs at the bottom of the artificial tree. Stated it is up to the Planning Board to determine where they want the branches to start. We flew two balloons to show how high above the tree line the 180 foot tower would be. The oaks and pines go as high as 90 feet tall.
James Marcou stated that not seeing the property himself, will there be enough tree canopy/coverage on the Hecker Property to camouflage the tower. Is it possible that a 360 degree view around it could occur with no trees if the owner cut, etc.?
Ken Kozyra stated this is an area with a large field. As it exists today, it will be surrounded by trees.
James Marcou stated he believes the Board wants to see a “no cut zone” within the 150 foot fall zone of the tower.
Ken Kozyra stated it is presently significantly wooded.
Michael Poirier stated there should be a “no cut zone within the 150 foot fall zone”.
James Marcou stated that if the canopy is cut by the owners, the tower will become more visible, etc.
Jeff Crosby, Road Agent, stated he was interested from his point of Road Agent and the Highway Department. The Class V section of that road is just an extension of that driveway and stops at the Hecker’s driveway. Any construction that will go on there, at least when it is done, will be properly graded, etc. On the Class 6 section, they will have to get in to do construction and further maintain the road. There is one culvert that is currently plugged. It diverts the water. I am not asking for an engineered plan. I am just asking about the culvert, etc. It is presently blocked. It might have to be replaced. I don’t care what they do but they are going to have to make improvements.
Brian Nordle noted the driveway does pitch to that corner.
K. Kozyra stated they don’t plow their access roads. They access the access roads via ATV or snowmobiles in the winter. We do nothing other than clearing of brush. If the Selectmen require us to do some improvements, we will.
Brian Nordle indicated that water will drain to that corner of the plugged culvert.
Jeff Crosby stated we require contractors to leave it in better condition than when they started, etc. I don’t want to see any hardship for the Town.
James Marcou stated that Mr. Swindlehurst is asking about the driveway coming next to the stone wall. There is 30 feet and the driveway will be 12 feet wide. What about the existing stone wall?
K. Kozyra stated if we do move the driveway, the more trees we cut. You are going to see the clearing where the road is. Will be making it more accessible to people to trespass onto the property.
James Marcou stated we are asking that you not knock the stone wall down.
J. Swindlehurst noted this could be looked at during the Site Walk. The stone wall is a property line. There is currently scrub growth, etc.
John Trottier stated you may want to have some sort of screening of the out building. Glad to see the requirement of an outside consultant with regard to engineering regarding the Site Plan Review process.
Ken Swayze noted that Don Mayo, Town Engineer, will review the plan. He is a licensed Engineer. Asked if U. S. Cellular will pay the tab. Possibility of a $1,000 fee for the initial review.
Ken Kozyra stated they had no issues with this.
James Marcou asked if there were any decisions about the continued use of the road.
Ken Kozyra stated they had applied to the Dunbarton Board of Selectmen and have not heard anything yet.
Ken Swayze stated the Board will require an accurate survey showing lot lines. Will need this for the Building Permit. Should be adequately laid out clearly showing the proposed new compound location.
U. S. Cellular needs to contact Ken Swayze within a week or ten days and Board will act accordingly re Site Walk.
David Breault stated there is an existing subdivision which may be using this road for access, etc. What about the possibility of a snowmobile or ATV, etc. blocking the access? You will need a place to park.
Ken Kozyra stated there is no issues of parking. The Hecker’s have stated U. S. Cellular can park in their driveway at any time.
The question came up as to whether this should go through review by Town Counsel. What about review of the lease between U. S. Cellular and the Hecker’s?
Attorney Grill stated they don’t provide our leases to the public but will work with the Board.
John Trottier asked about whether U. S. Cellular was going to pay for engineering costs for the Town services to be put on the tower.
Attorney Grill stated this was an unusual request, and we are not real happy about it. We are trying to be as reasonable as possible. Still up in the air. We realize we don’t get to pull our Building Permit until things are resolved. There is a motion still pending in the Court System. We haven’t decided whether to continue it or not, etc.
Mert Mann made a motion to continue the Site Plan Review Request as submitted by U. S. Cellular until the next meeting on September 21, 2005. The motion was seconded and passed unanimously.
NEW HAMPSHIRE TRADITIONAL HOMES (MICHAEL POIRIER) (G4-03-02) REQUEST FOR MINOR MODIFICATION TO PREVIOUSLY APPROVED SUBDIVISION PLAN (05-003) THAT WILL ALLOW FILING OF A REDUCED-SCOPE, PHASED PLAN THAT DOES NOT REQUIRE NHDES PERMITS AS A CONDITION OF APPROVAL AT THIS TIME. THE PREVIOUSLY APPROVED SIX LOT SUBDIVISION IS LOCATED ON GRAPEVINE ROAD IN THE LOW DENSITY (5 ACRE) DISTRICT IN DUNBARTON, NH (05-003)
At this point in the meeting, Michael Poirier stepped down from the Board because he was the applicant.
Kenneth Swayze stepped down from the Board because of abutter status.
A Notice of Decision was presented to the Board for review (attached), from the July 20, 2005 meeting.
Jacques Belanger, Surveyor, appeared before the Board on behalf of his client. He stated they were seeking a Minor Modification to the previously approved subdivision to allow filing of a reduced scope, phased plan that does not require DES permits as a condition of approval at this time.The original notice of decision required all aplicalbe wetlands permits be approved; the phasing as proposed does not require any wetlands permits. They were proposing the phasing schedule to the following schedule:
Phase 1 – G4-3-02, 06, 07, 08 (08 is a 58 acre lot)
Phase 2 – G4-3-08, 09 and 10) (Lot 08, from Phase 1 is subdivided into 3 lots)
1. He stated this change will allow N. H. Traditional Homes to file four lots which would not include any wetlands crossing. Provides for a 75 foot access point. We can’t create a non-accessible lot. Wetlands application is presently at DES. An archeological survey of the property has been completed as of today, and we are presently dealing with Fish and Game Department regarding “Blanding turtle”. The Fire Pond will kick in at Phase II. Once four lots are developed on this subdivision, the fire pond issue will have to be “kicked” in for any future lots to be filed at the Registry.
2. The Wetlands Conservation District has been located and designated on the plan. The misplaced driveway location has been moved.
At this point in the discussion, James Marcou stated he had been acting on behalf of the Town of Dunbarton in the driveway locations, line of sight, etc. They have done everything we asked them to do.
At this point, Jacques Belanger, Surveyor, presented a separate driveway detail because of the magnitude of the impact on the road. Showed elevations and line of sight. Driveway detail was done to a 50’ = 1” scale.
3. Regarding driveway agreement language, there is no existing template to follow. The language has been run by the Selectmen. (attached)
4. Signage for the road. Applicant has been in touch with the Road Agent, Fire Chief, Police Chief, and the Selectmen. None want any new signage so will leave it up to the Planning Board. Have considered “Sharp Curve”, “Driveway”, etc. Planning Board will decided where and if signs should be put in.
5. Noted that the Phasing Requirement had been written on the plan as filed at the Registry of Deeds, therefore the requirement for the Minor Modification of the Plan.
James Marcou made a motion that the Dunbarton Planning Board grant the request from New Hampshire Traditional Homes (Michael Poirier) (G4-03-02) for a Minor Modification to a previously approved subdivision plan (05-003) that will allow filing of a reduced-scope, re-phased (Phase #1) plan that does not require NHDES permits as a condition of approval at this time located on Grapevine Road in the Low Density (5 acre) District in Dunbarton, NH subject to review and acceptance of the Common Driveway Agreement and all other conditions of the previously granted subdivision including the approval and receipt of all other required local, State, or Federal permits, including, but not limited to, NH Wetlands. (The Phasing Plan shall be as follows: Phase #1 – G4-3-02, 06, 07 and 08 and Phase #2 – G4-3-08, 09 & 10. ) Mert Mann seconded the motion.
The Board noted they want to make sure that all previous conditions of the granted subdivision are included and in force.
The motion passed unanimously.
CIP PROGRAM UPDATE:
David Breault, CIP Chairman, reported that there are two CIP Meetings scheduled as follows:
Tuesday, August 23, 2005 – 6:00 p.m. at the Police Station
Tuesday, August 30, 2005 – 6:00 p.m. at the Police Station
Mert Mann made a motion that the Dunbarton Planning Board adjourn as of 9:15 p.m. Ken Swayze seconded the motion. The motion passed unanimously.
Respectfully submitted, Alison R. Vallieres, Secretary