TOWN OF DUNBARTON

BOARD OF SELECTMEN

MINUTES OF MEETING

DECEMBER 11, 2003

The regular weekly meeting of the Dunbarton Board of Selectmen was held at the above time, date and place with Chairman Charles Graybill presiding. The following were present:

Charles Graybill, Chairman

J. R. Swindlehurst

Steve Kennedy

Janice VandeBogart, Town Administrator

The meeting was called to order at 7:04 p.m. by Chairman Graybill.

Fred Mullen: Update on Meeting with Weare Selectmen:

Fred Mullen appeared before the Board and reported that he and Margo McLeod, Weare, had located the line between Dunbarton and Weare. The stone markers are backwards; The D for Dunbarton is facing Weare, and W for Weare is facing Dunbarton.

F. Mullen reported that two monuments are missing and they should be replaced. If they could prove they were missing, the Corp of Engineers would replace them. This line is also a County line. The line has a jog in it and the blazes do not line up. According to the maps, the line should be straight The blazes go different ways North and South. This would create a problem with fires as to whether or not the fire costs were the responsibility of Dunbarton or Weare.

Estimated cost of re-surveying the line two years ago was $20,000. F. Mullen mentioned the possibility of having both Merrimack and Hillsborough Counties help with the cost of the re-survey because it is a County line also.

Steve Kennedy suggested calling Merrimack County prior to writing a letter to find out who to contact, etc.

Fred Mullen will get the information together and Charles Graybill agreed to sign the letter to the County on behalf of the Town requesting financial help in resurveying the line.

Jeff Nelson, Police Chief: New Employment:

Jeff Nelson, Police Chief, asked that the Board of Selectmen go into a non-public session pursuant to RSA 91-A:3 Non-public Session because of personnel and employment issues.

MOTION:

J. R. Swindlehurst made a motion that the Dunbarton Board of Selectmen go into non-public session for the purpose of discussing personnel and employment pursuant to RSA 91:A:3. Steve Kennedy seconded the motion. The motion pass unanimously by a roll call as follows:

Charles Graybill – Yes

J. R. Swindlehurst – Yes

Steve Kennedy – Yes

NON-PUBLIC SESSION:

No decisions or motions were made during the non-public session.

MOTION:

Steve Kennedy made a motion that the Dunbarton Board of Selectmen adjourn the non-public session for the purpose of discussing personnel and employment pursuant to RSA 91:A:3. J. R. Swindlehurst seconded the motion. The motion passed unanimously with the following roll call:

Charles Graybill – Yes

J. R. Swindlehurst – Yes

Steve Kennedy – Yes

1. Chief Jeff Nelson presented a copy of the Enhancement Program Grant material which would be for $300,000.

2. Presented a contract to the Selectmen for the Communications which shows an increase. Need the Selectmen’s signature.

3. Presented two names for part-time police officers as follows:

Eric Blow

Shane Durant

Requested approval from the Selectmen to made a “conditional offer to hire” to both applicants.

Both will have to go to the Police Academy for part-time officers which starts on January 10, 2004.

MOTION:

Charles Graybill made a motion to give the Police Chief authority to “conditionally offer to hire” Eric Blow and Shane Durant and authorization for signing up both for the Police Academy. J. R. Swindlehurst seconded the motion. The motion passed unanimously.

At this point in the discussion, Steve Kennedy stated he was getting concerned about the total cost of outfitting police officers. Stated they need to know the bottom line of how much it was going to cost per officer, etc. Not going to continue to buy uniforms when they tear them, etc.

C. Graybill indicated that uniforms are a budgeted item.

Chief Nelson suggested the way to go would be the “Quartermaster” method. (We replace equipment piece by piece when necessary.)

7:50 p.m. – Joint Meeting with Conservation Commission, Planning Board, Zoning Board, Road Agent and Board of Selectmen regarding road issues and Scenic Roads:

Present: Kenneth Swayze, Admin., Planning and Zoning

George Holt, Planning Board

David Breault, Planning Board

James Marcou, Planning Board

Alison Vallieres, Planning Board and Zoning Board

John Trottier, Zoning Board

John Herlihy, Zoning Board

Larry Cook, Conservation Commission

Margaret Watkins, Conservation Commission

Brent St. Claire, Conservation Commission

Ron Jarvis, Conservation Commission

Charles Graybill, Selectman

J. R. Swindlehurst, Selectman

Steve Kennedy, Selectman

Jan VandeBogart, Road Agent

Janice VandeBogart, Town Administrator

Louis Chan, applicant for PRD on Gile Hill Road

Jacques Belanger, Surveyor for the Chan’s

Kenneth Swayze explained the reason for the Joint Meeting was because there was a PRD application before the Zoning Board from Louis and Anna Chan for ten lots at the end of Gile Hill Road which borders on the Bow Town Line. Ken passed out materials relating to Scenic Roads including the RSA. (attached)

John Trottier, Chairman, Zoning Board, read the purpose of the Zoning Board as stated within the Ordinance and criteria used to made decisions, which is “To promote the health, safety and general welfare of the inhabitants of Dunbarton by: Lessening congestion in streets, securing safety from fires, panic and other dangers; providing adequate light and air; preventing the overcrowding of land and buildings; avoiding undue concentration of population; facilitating the adequate provision of transportation, solid waste facilities, water, sewerage, schools, parks; and to assure the proper use of natural resources.”

John Trottier stated the Zoning Board cannot go ahead and make a decision until such time as it is known what road improvements will be required on Gile Hill Road. The applicant has gone before the Board of Selectmen and the Selectmen have said it should be Class V standard. It is a Scenic Road. The applicant still needs to go to the Planning Board.

Ultimately, the Conservation Commission is responsible for saying whether trees 15” or greater can be cut or stone wall moved, thereby determining what width the road improvements will be. This is a three rod road, 33 feet wide. Planning Board has the concern of how access from this subdivision will be done. Class V is strictly a highway that is maintained by the Town. The Planning Board has no jurisdiction over the road because the road is not within the subdivision. How much reconstruction can that road stand without being out of bounds with the Scenic Road provisions?

Larry Cook, Chairman, Conservation Commission: Stated he hoped this meeting could be a little more general than just the Gile Road issue. Decided to not pave and widen. We have got the Master Plan. How do we come to a balance that makes sense throughout the Town? How much do we want to impact stone walls, width and why do we think it should be wider. In my opinion, when we make roads straighter, people go faster, etc.

Brent St. Clare: Wanted to thank for setting up this meeting. There are eight Scenic Roads in Dunbarton and they were designated Scenic Roads by the Town in the 1970’s. This gives them some protection to maintain their character. The Conservation Commission did a survey of residents who lived on Scenic Roads in 1999. We found out the following:

1. Residents pretty much would like to maintain the character. We maintain the Tree Canopy.

2. Not straighten, upgrade to increase safety while maintaining the character. Granted, they are somewhat narrow.

3. Dirt was important, 12’ – 24’ wide.

4. Involving the residents in the decision of what happened on the road.

5. Ron/Jan Jarvis spoke with residents on Gile Hill Road, and they knew they lived on a Scenic Road.

They don’t want added traffic. Residents have four wheel drive vehicles. Overall, the residents were

happy with the summer conditions of the road.

John Trottier stated this is fine if there is no further development.

Jacques Belanger presented a plan showing proposed road improvements. It had marked trees which would be needed to be cut. Before going further on the plan, he needs to know what slopes will be allowed and how wide the road can be, etc. The slopes were still greater than the allowed 8% within subdivision roads i.e. 14% and 17%.

Steve Kennedy stated that this was the spirit when the Scenic Roads were accepted at Town Meeting. It was a vote and it passed. It can be changed by Petition. The RSA only relates to size of the trees that can be cut and the stone walls.

Brent St. Claire stated the Conservation Commission feels the State RSA gives protection to these roads to keep their character.

Charles Graybill, Selectman, stated there was a site walk which the Board of Selectmen, Margaret Watkins, and Jacques Belanger went on and walked Gile Hill Road. He said he did not feel there was any trees that meet the 15” diameter and it had already been cut.

The road to the Chan’s property is 4,000 feet long. The Brennan’s is half way. The road is a Class V to Brennan’s property. The slope of the road is 17% which far exceeds 8% grade as required by new subdivision roads. The road presently is between 12’ – 18’ wide. There is 2,100 feet of road already maintained by the Town.

George Holt asked about possible access through Bow.

It was determined that Bow would not allow access plus the access was narrow and between houses, etc. Chan’s presently accesses this through the Bow side. Bow could abandon the road if they chose to.

J. Marcou stated the Town has had Class VI roads that have had to be upgraded. Some were not a good job. Others have been improved to the satisfaction of everyone’s needs. There has to be some common ground between them. There is no way a 12’ road is going to carry the subdivision. If you can’t do away with the steep grades, even if you make the road wide enough for two cars to pass, there still is the problem of the steep grades. You need 24 feet wide to allow a fuel truck and a car to pass. We have to provide for that contingency. The Selectmen’s Office wants to know what should be done to this road and whether it can handle this subdivision.

K. Swayze stated the Planning Board has to determine if this road can handle this subdivision. If no improvements are made to this road, it is not going to be able to support the subdivision.

J. Marcou – Someone has to make the determination of what this road will be in the end. Are we doing to be allow to widen it to a 24 foot surface. The developer does the upgrade.

David Breault – Asked if we want a super highway paved, etc. on this road?

Brent St. Claire – Stated the applicant should come to the Conservation Commission with a plan. This should be step #1. We would hold a Public Hearing at that time. We need a proposal that says we need to remove X amount of trees, etc. Why would someone go to the Planning Board first?

F. Mullen stated that he remembers going up to Brennan’s place for a chimney fire with the Fire Tructk. The road is very steep and should be taken into consideration. You can only get two trucks up there. There is no place to put any other trucks. Coming down, you could not help but slide down the hill on ice, etc.

Police Chief Nelson stated you need to look at the big picture. You should be looking at getting fire and police protection up there year around. How are you going to service the residents?

James Marcou stated he felt this was a “Large Lot Subdivision Area”.

Kenneth Swayze stated we would be setting a precident for other large lots up there.

It was a general consensus of those present that the steep slopes were the biggest problem and would be asking for trouble with access, etc. The road is too steep to have development. 33 foot wide and with the grades, the road improvements would not be feasible.

It was noted for the record that this sends a clear signal to the developer.

It was noted by all present, that this was the way to have a meeting. Town Boards need to cooperate more on this level.

There being no further business, the meeting adjourned at 9:00 p.m.

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Charles Graybill, Chairman

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John R. Swindlehurst

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Stephen Kennedy

Dunbarton Board of Selectmen

Respectfully submitted,

Alison Vallieres, Recording Secretary