Dunbarton, NH - February 20, 2002, Planning Board Minutes

• JM: On page 2, in last paragraph, “He noted ” should be changed to “Brian and George noted”;

• JM: Add statement that the Planning Board (PB) requested the Applicant of the proposed Stillwater subdivision to address the following issues by the next meeting:

1. The issue of upgrading Everett Road;

2. The issue of potential contamination on the subject property from off-site sources.

• CH: On page 2, as member of public, CH wanted to clarify that there is only one right-of-way (ROW) on the Gelinas property.

Correspondence

Ken Swayze (KS) read various correspondences received by PB during last month.

• Drobat Property/Lot line adjustment - DES has not made a ruling on the status of the Drobat appeal to the DES Administrative Order regarding the imported fill material on the Hayward property. Mike McKlouski, DES, had called KS regarding the PB’s involvement. KS said that DES had the lead. PB has refused to proceed on Drobat lot line adjustment until fill issue is resolved. KS asked Jacques Belanger, former surveyor for Drobat, the status of project. Belanger said he was not involved.

• KS: FEMA sent letter to Town/PB stating that, after reviewing Town hydrology, that there are no Special Flood Hazard Areas (SFHA) in town, rendering the SFHA regulations recently added to the PB Subdivision Regulations as obsolete.

• KS: PB received new version of NH Planning Regulations.

• KS: Letter from Jan Van de Bogart requesting PB signatures . The letter is attached and discusses road construction and Town acceptance of the road upon completion .

• KS: Temporary driveway permit received for Stillwater property for access to site for logging purposes only.

Old Business

1. Proposed Gelinas lot line adjustment

CH is an abutter and steps down from the PB at this point. Voting members are:

JM, KS, CG, BN, GH and MP.

KS: Site walk conducted. PB reviewed test pit, building pocket.

KS: Asked applicant to discuss ROW issue, including status of ROW and who hold easement.

Jacques Belanger (Belanger), applicant representative, said that he had found a plan from the 1970's that depicted the ROW. ROW likely for purpose of accessing Town Forest.

PB in general: Applicant needs to find documentation to confirm ROW . ROW should be located on plan.

Belanger: As ROW is located on parcel that is not being modified, he would like to see conditional approval of the plan, with the condition that the ROW status and location be identified before final approval.

GH: Conservation Commission (CC) also walked the site for wetland issues relative to proposed driveway crossing. CC has no issues with crossing.

Abutter List called (see attached)

Carter Higginbotham (as general public): ROW issues covered, no other comments.

No other abutters or interested public spoke. PB closes public hearing.

2. Proposed Stillwater 15 Lot Subdivision

At this point CH returns to PB, and KS, an abutter to subject property, steps down from PB. Voting members are: JM, CH, CG, BN, GH and MP.

JM: Summarizes attached correspondence received from Janet Zeller, abutter on Everett Road, regarding proposed subdivision.

CH and CG: noted that they had been contacted by Janet Zeller regarding the proposed layout of the road as it approaches her property and driveway access. Issues included traffic turning at her property, lights from vehicles

JM: Reads attached letter from Selectman to PB regarding resolution of road issues with Stillwater. Selectmen’s letter requested the following: testing for contamination - road salt, make road a through-road, upgrade platform on Everett Road, place signs to limit traffic volume, install a school bus turnaround at middle of subject property, with intent of bus traffic to enter and exit subdivision via Mansion Road, and give up frontage to Town in vicinity of Town Garage property.

CG: Clarified that upgrade on Everett Road should meet the definition of Class V road. Improvement will stop at existing pavement on Everett Road, including 24 feet of asphalt.

Weston: Had a question about “giving up” property. He said that they were considering this request. Regarding environmental testing, he indicated that they are conducting a preliminary environmental survey, the cost of which they will cover. They will soon have a detailed proposal for complete study, which they will review.

CH: requested that the study would look at other potential environmental issues as well as salt contamination.

CG: Noted that no contamination was indicated by sampling conducted when the Town underground storage tanks were pulled about five years ago.

Applicant representative Jacques Belanger: Jacques asked CG to clarify that the Selectmen had agreed to the following road upgrades on Everett Road: 24' of gravel with the pavement width to match existing pavement width.

CG: Agreed that was what was decided.

BN: Asked if Everett Road/Route 13 intersection would be upgraded

CG: No, the intersection would stay as it is.

Belanger: briefly review the project scope:

• 15 lots, in medium-density zone;

• Lot 15, consisting of approximately 17 acres, to be dedicated at conservation land;

• Road length of approximately 2,251 feet;

• Moved access to Mansion Road approximately 75 feet south to limit impact on Tarsa property located across Mansion Road;

• Change lot numbers to match Town numbering system;

• Plan shows well radii and 4,000-foot septic system reserve areas;

• Permits required for site include: state driveway; state site specific, state subdivision, state wetland dredge and fill

• Setback are 40 feet, with 50-foot setbacks for site septic systems

• Approximately 12,000 to 14,000 feet of wetland filling at three locations for the road and one for driveway access to one lot.

• Road would be signed at both ends of road.

• Test pits conducted, with ledge generally not observed except in one or two lots in vicinity of Mansion Road.

JM: Asked Belanger about feasibility of moving access of proposed road onto Everett Road

Belanger: Moving of road alignment in this area is limited by steep grade to west, and by town property to east. Belanger estimates that lights from vehicles could possibly impact Zeller property over last 400 feet of travel on the proposed road as they approach Everett Road.

CH: Need to consider Zeller’s complaints because they can’t move their house.

Weston: Said that an ordinance to reduce road volume with signs and patrolling should be successful at limiting traffic on the proposed subdivision road.

Belanger: School bus turnaround on common land. Subdivision school children proposed to walk to bus stop/ turnaround at center of subdivision.

GH: Would Town consider giving up some land on Town Garage property to shift proposed road entrance onto Everett Road to the east and away from Zeller property/driveway?. Land could be swapped for some other land in the subdivision.

JM: Asked about the layout of the hammerhead/ turnaround on Everett Road.

CG: Selectmen’s office will direct the detail of the turnaround to be a flat landing at end of Everett Road. The landing would primarily be used to hold plowed snow.

Weston: Suggested that putting in a hemlock barrier at end of proposed road in ROW or private land to reduce light impacts to Zeller property.

BN: Also recommended use of natural buffers. Also, is there a need for a natural buffer on Tarsa property at the other end of the property.

JM: Regarding access onto Mansion Road, JM thought that Mansion Road would likely need to be widened to meet state sight line requirements. Applicant will need to assess this.

JM: Regarding depth to ledge, JM asked if there would be a need to blast.

Belanger: Did not think so.

BN: Question of phasing the subdivision. PB generally agreed that they would like to see the subdivision built out over three years/ 3 yearly phases of approximately 4 to 5 lots per year.

JM: Applicant needs to address road construction bonding issues by next meeting. Don Mayo to do review of project. Don Mayo to draw fee from funds issued to town by applicant.

GH: Applicant needs to provide draft deed for conservation property by next meeting.

Abutter List called (see attached)

The following abutters and interested parties provided comments.

Janet Zeller/Diana Jenkins:

• Disappointed that road is not to be gravel.

• Tree buffers are not acceptable.

• Drainage and runoff from road will impact Zeller property/pond.

• Through road will increase traffic.

• Signs to restrict traffic will not work.

• Everett road and intersection with Route 13 not adequate for more traffic as currently configured.

• Question about landing at end of Everett Road.

Deborah Foster

• Requested definition of redline (identified as stonewall) on plan.

• Questions about well locations and 4,000-foot (4K) septic reserve areas.

• Questions about cutting of tree. Mr. Weston responded that tree were being thinned.

• Wanted to see that tree cutting buffers to abutting properties were going to be kept.

• Wanted to know what type of houses would built on property. J. Belanger responded that the type of housing had not been deternmined.

Jodi Lendihan

Randolf Bauer

• Question about location of Road entrance onto Mansion Road.

• Is there enough line-of-site for the road entrance?

• Will there be blasting and what would the effects be? Would the abutters be notified?

• Will the road be constructed using vibratory compactors?

Jeff Crosby

• Objects to road being through road.

• Proposed use of individual in-house fire suppression systems would negate need for immediate access provided by through road.

• Signs are maintenance issue.

• Considers use of individual in-house fire suppression systems not protective of the community. Fire pond would benefit public.

Jackie Kennedy

• Wants to see cul de sac.

• Regarding environmental issues, who is doing testing? Mr. Weston answers that preliminary testing was being done by private environmental firm and that a major assessment proposal was being developed.

Mark Tarsa

• Most people would like to see cul de sac. A cul de sac would reduce problems with abutters such as the Zellers, access problems onto Route 13. If these problems cant be resolved, Everett road should not connect.

• Concerned about the line of site at proposed Mansion Road intersection.

• Concerned that individual fire suppression systems would be private benefit and not good for community.

Janet Zeller

• With through road, there will be lots of traffic.

• Existing Everett Road is not wide enough to handle an increase in traffic.

David Barreled

• Through road traffic will not be controlled by Signs or police patrols.

• Area will lose wildlife.

• Recommended swapping some town land to realign proposed right-of-way (ROW).

• Asked if there was a plan to test the aquifer.

• Wanted to see medium-density (MD) district changed to 5 acre lot size. Doesn’t want to have 3-acre lots approved only to have MD district changed to 5-acres lot minimums later.

Lori Davis

• Town people like privacy. Board needs to work with Town people to protect wildlife and neighbors.

Judy Stone

• Stated that signs doesn’t work based on their experience on Guinea Road.

Ron Slocum

• Concerned about through road and the difficulty of trying to get out at intersection of Everett Road and Mansion Road.

• Before approval of through road, the access issues with Everett Road should be resolved.

Art Beauvert

• We have an alarming growth rate in our town.

• We should do away with MD district. It is not Dunbarton.

Guy Sherman

• The three culvert crossings will put runoff and salt into the brooks that run onto his property. This will impact his well.

• Regarding logging, he stated that the current timber harvest was taking all the mature trees and was cutting up to his stonewall without a buffer.

Art Lefrenier

• Questions allowing tree cutting on property.

Randy Bollus

• Concerned salt and MTBE entering his dug well.

Kathy Lafrenier

• Concerned about impact of proposed subdivision on nearby water wells, especially in light of current drought conditions.

• PB should have responsibility of assessing whether proposed subdivisions will impact abutting water supplies.

Lori Davis

• PB needs to look at impact of water and traffic.

Jeff Crosby

• Question about MD district.

Al Stuto

• Wants cul de sac.

Mark Tarsa

• Intersection with Route 13 and Mansion Road should be improved. Responsibility of State and funded by State.

• Current logging appears to have exceeded the 50% maximum cutting of basal area in buffer area.

• Is there a final decision on road.

Jeff Trexler

• Asked if Selectmen can override PB’s decision. PB notes that PB has final say on subdivision road.

• Suggested having cul de sac which is accessed by Town Garage property. This would not be open to public, but emergency and maintenance services could pass through the Town property.

Guy Sherman

• Question on construction of septic systems. PB notes that this is regulated by State.

David Barreled

• Asked if there are sidewalks planned for subdivision.

Jeff Crosby

• Would guardrails be installed, and if so, would they be constructed to fit into with area?

JM: Having no other requests to speak, JM closes public hearing and schedules a site walk for March 9, 2001 at 12:00 pm

KS joins planning board, CH steps down.

KS: Moves to conditionally accept the Gelinas lot line adjustment of Tax Map B2, Block 2, Lot s 1 & 2, subject to an accurate clarification of any right-of-way or easement there on.

CG: Seconds the motion. The PB unanimously conditionally approves lot line adjustment.

CH joins planning board, KS steps down.

The PB deliberates on the state of the proposed Stillwater road and subdivision layout. The PB decides to submit the Stillwater subdivision plans to the Central New Hampshire Regional Planning Commission (CNHRPC) for review and guidance. The PB will then have a CNHRPC member attend and present their recommendations to the PB during a working session to be scheduled sometime during the week following the March 9, 2002 PB site walk of the Stillwater property.

JM makes the motion to close the meeting, GH seconds, and the motion passes unanimously.

Minutes recorded by George Holt, 2/20/2002.