DUNBARTON PLANNING BOARD

WEDNESDAY, MAY 15, 2002

TOWN OFFICES – 7:00 P.M.

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

Kenneth Swayze, Co-Chairman

Alison Vallieres, Secretary

Brian Nordle

Carter Higginbotham

George Holt

Charles Graybill, Selectman

Michael Poirier, Alternate

The Chairman verified with the Secretary that the meeting public notice had been posted in a timely fashion in accordance with State Law in three public places throughout the Town and published in the Concord Monitor for one day.

The minutes of the previous meeting of Wednesday, April 17, 2002 were approved as written by a motion that was made, seconded and passed unanimously.

PUBLIC HEARING – STILLWATER PROPOSED 14 LOT SUBDIVISION LOCATED OFF EVERETT ROAD AND MANSION ROAD IN THE MEDIUM DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting, Kenneth Swayze stepped down from the Board.

The Chairman noted for the record that the following members would be voting if there was a vote taken this evening:

James Marcou

Alison Vallieres

Carter Higginbotham

Charles Graybill

Brian Nordle

At this point in the meeting, Charles Graybill presented all Board members with a copy of an agreement between the Town of Dunbarton and Stillwater which had been drafted by the Town Attorney. (copy attached) The agreement addresses the following issues:

1. Ground water standards and liability

2. Covenants regarding remediation of salt contamination

3. Drainage easements

4. Covenants regarding Everett Road

5. Notice to Subsequent Purchasers

6. Release of Town

At this point in the meeting, Carter Higginbotham stated he wanted to set the record straight on the length of time that the Planning Board had been holding discussion on the Stillwater Property proposed subdivision. He stated that according to the minutes the first meeting had been held in February. At this point, it was determined that actually the item had been on the agenda in January 2002. After discussion, it was noted that this meeting was the fifth formal meeting on this presentation.

He also stated there was nothing preventing the applicant to move forward and make application to the State on wetland permits, etc.

At this point in the public hearing, Jacques Belanger, Surveyor, was asked to address the items requested at the previous meeting as follows:

Jacques Belanger presented the following:

1. Revised road profile

2. Greenway corridor to conservation land to be deeded to the Town

3. In-house fire suppression instead of fire pond. (need letter from Fire Department)

JM noted on page 6 of the previous month’s minutes as follows:

1. Address items in Don Mayo’s letter

2. Prepare intersection plan showing all details, etc.

3. Address the bonding of the road or whether the applicant will go “at risk”

JM stated at this point that he had met with Mr. Swayze and because of steep slopes, etc., the 50 foot ROW to the Stone property would not work. Therefore the proposed 50 foot ROW to the Stone Property will not be used.

GH indicated he would like to have an independent engineer review of this issue to see if it would work.

Board noted they had received a letter from Don Mayo (attached) re the sub-division and he indicated he did not receive the drainage profiles until May 14, 2002 and as of this date, have not received the revised drainage calculations. Also he did not receive one page of the road profile.

There was considerable discussion about the procedure for getting information, maps and drainage profiles, etc. to Don Mayo in a timely fashion. He needs them 15 days prior to the meeting to review.

At this point, it was determined that the Board could not move forward this evening because of not getting complete input from Don Mayo.

The Board noted that there was not a complete detailed plan of the intersection as requested. Because of this also, the Board could not move forward this evening.

GH indicated he still had a concern about Lot 47. Stated it was a terrible lot and should be eliminated. It is in close proximity to wetlands. Will need slope easements from the adjacent property owners. They are trying to squeeze too much into the area. For that reason, the lot should be removed.

At this point, the Board noted that if they can get all permits from the State, it will be a “done deal”. It was noted they will also need to get wetlands permits, etc.

Because of all the questions regarding engineering, the Board noted that they will have Don Mayo present at the next meeting. The applicant will have the road engineer (Howard Engineering) also present at the next meeting.

Weston – Stated they had moved the intersection down from the Zeller’s driveway to address the Zeller’s concerns. We have agreed to do some improving on the unpaved sections. We are not going to start from scratch and bring the whole road back up to Class V standards.

The Board pointed out they need to extend the road improvements 50 feet west of the intersection in order to give a place to push snow and make sure there is not a huge drop off at that point.

J Belanger asked about the possibility of tapering the road beyond Zellers.

Bonding Issue:

1. It was indicated that the applicants need to bring in either one or several estimates from reputable road builders and show a proper inspection schedule with values and a time table for completion. The Town has the right to increase the bond by 10% each year.

2. Restoration bond. Board established that because the entire road was being oversized bonded, there is no reason for a restoration bond.

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

Janet Zeller Revocable Trust, Janet Zeller – Don Jenkins, son-in-law present. Stated he had no comments at this time.

David/Deborah Foster – Present. Asked about house size. Board indicated this is not an issue. Only shows driveway locations.

Martha Hammond – Not Present

Randolph/Lisa Bauer – Not Present

Albert Statuto – Not Present

Jeff/Bronda Crosby – Present. Asked why they went to a closed drainage system instead of culverts. Does this create more of a maintenance issue for the Town.

J Belanger indicated this had a lot to do with the grading of the driveways.

Board noted that if it was installed well, it would work fine.

Jeff Crosby stated that in moving the intersection down, they used up a lot of space.

Board indicated that some physical layout has got to be done. The location of the driveways is paramount.

Jeff Crosby – The way it is drawn, is it a T or a sweep in the road.

Board indicated it would be a T.

Jeff Crosby asked if the guard rails could be earth colored instead of chrome.

Jacqueline Kennedy – Steve Kennedy present. Stated he was very upset because his rights had been violated. The Planning Board discussed a ROW to the Hamilton/Stone property at the previous meeting which would affect his property and also impact the wetlands on the development. In addition, this ROW involved a Planning Board member. There was no public notice to me about this discussion. It just was brought up at the last meeting. He cited the discussion on page 4 of the previous month’s minutes regarding the ROW.

James Marcou, Chairman, stated for the record that Steve Kennedy’s wife Jacqueline Kennedy had been present at the last meeting when this subject was brought up.

At this point, George Holt stated he was the person who brought it up. Kenneth Swayze knew nothing about the ROW at that time. It was a surprise to him also.

Kathleen McDonald – Not Present

Mark/Gretchen Andrews – Not Present

Nancie Stone – Represented by Kenneth Swayze. Stated that in connection with the ROW, he would invite all of the abutters to look at this issue.

Mark Tarsa – Not Present

W. G. Howard & Associates – Not Present

Schauer Environmental Consultants – Not Present

JE Belanger Land Surveying – Present

Other members of the public:

Gordon McDonald – Spoke on behalf of Michael Hammond who is not a direct abutter but lives at the top of Everett Road as it connects to Route 13. Presented a written statement from Michael Hammond. Asked about what changes would occur at the intersection where it connects with Route 13.

C Graybill explained the situation as follows:

1. Town had met with DOT to look at intersection to give Town a summary of what would happen. As far as DOT is concerned, traffic could be absorbed very easily with no major modification to the intersection. The whole discussion re improvements has been stopped. There will be a stop sign there.

David Breault – Asked about Lot 47, how long is the driveway to the building site. Asked if there were any limits on lengths of driveways. Asked who was going to pay for the upgrade of paving to Everett Road.

Answer – No limits on lengths of driveways. Proposed building site is about 350 feet from the centerline. The Town will be paving Everett Road from the 50 foot land area.

D Breault – Asked what would cause a change.

C. Graybill – Road Agent would have to make a recommendation.

D. Breault – Asked what the status of the wetlands permit process.

J Belanger indicated they have been delivered to the Town and the Conservation Commission will review prior to submitting to the State.

Deborah Foster – Asked about the status of Everett Road. Is it a normal State Road.

Board indicated it was a full service road.

D Breault – Do you see any problem of putting a new road at an existing house.

Board noted this will be addressed in the subdivision regulations.

Public Hearing closed at 8:45 p.m.

ROBERT AND JANE LEWELLEN PROPOSED TWO LOT SUBDIVISON OF LOT 2, BLOCK 2, MAP D3 LOCATED ON ROUTE 13 IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting, Kenneth Swayze stepped back to the Board.

Michael Poirier stepped down from the Board for the Lewellen Proposed subdivision.

Jacques Belanger, Surveyor, presented a revised plan showing the proposed subdivision and stated that he had not been in contact with the State regarding driveway locations.

At this point, the Board noted they could take no further action this evening because driveway locations were not established with State approval, etc. These need to be determined by DOT.

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

Diane Ouellette-Falkensten – Not Present

Peter/Jane Lunsford – Not Present

Thomas Englund Revocable Trust – Not Present

John/Doraine Mooar – Not Present

Richard/Denise Morin – Not Present

Lisa/Mark Tierney – Not Present

Peter/Monica Ann Ness – Not Present

J. E. Belanger Land Surveying – Present

Schauer Environmental Consultants – Not Present

The public hearing closed at 8:55 p.m.

OLD BUSINESS:

Michael Poirier stepped back on the Board.

Rick Martin, Tenney Hill Road:

Charles Graybill, Selectman, reported that the Board of Selectmen had discussed road issues with Rick Martin who is proposing subdividing on Tenney Hill Road. The road is a 4 rod Scenic Class V road which measures 3 rods between the stone walls. The Selectmen have asked the applicant to give the Town 17 feet of frontage the entire length of the proposed subdivision for future road improvements. Want to correct the big bend in the road. Only way is to get property from him. Property owner agreed to this.

Selectmen also discussed the applicant purchasing culverts which he agreed to, and the Road Agent will install.

Any trees to be cut will be up to the applicant. He feels he is going to do some cutting.

Donna Dunn and Vera Fogg:

Donna Dunn and Vera Fogg appeared before the Board. Donna Dunn would like to purchase a 12 acre parcel from Vera Fogg which is landlocked but attached to the Fogg parcel.

The Board advised her that she would have to hire a surveyor and apply for a subdivison and annexation. She would have to annex the parcel to hers because it has no frontage. Donna Dunn stated that she would like to keep the parcel as Conservation land, etc. and possibly in the future donate it to the Town, etc.

NEW BUSINESS:

RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD AND START OF PROCEEDINGS:

DANIEL TERRELL PROPOSED THREE LOT SUBDIVISION ON BARNARD HILL ROAD IN THE MEDIUM DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting, Kenneth Swayze stated that he had reviewed the application and plan and felt that it was generally acceptable. Based on this, the following motion was made:

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the application and plan as submitted by Daniel Terrell for a proposed three lot subdivison on Barnard Hill Road in the Medium Density District in Dunbarton, NH and begin deliberations this evening. The motion was seconded by George Holt and passed unanimously.

Jacques Belanger, Surveyor, presented a plan showing the proposed three lot subdivision of the Daniel Terrell parcel. He stated they will be creating two new house lots. Will need state subdivision approval. He indicated wetlands will be flagged and mapped prior to the site walk.

Site walk scheduled for Thursday, May 30, 2002 at 6:00 p.m. (Will include Lewellen proposed subdivison also)

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

Scott/Kathleen Murray – Not Present

Barbara/Paul Kilmister and Robert/Mary Gourley – Not Present

George/Susan Chase – Not Present

David/Jennifer Allen – Not Present

Jeffrey/Marcia Trexler and Robert/Laurie Waldron – Jeff Trexler present. No comments.

James/Ann Marie Kalenski – Not Present

David/Diane Corcoran – Not Present

Schauer Environmental Consultant – Not Present

JE Belanger Land Surveying – Present

OTHER BUSINESS:

JAN VANDEBOGART APPROVED SUBDIVISION ROAD BONDING REQUIREMENTS

Jan VandeBogart appeared before the Board stating that he was going to sell his approved subdivision to a new owner who would be responsible for the building of the road. Because of this, he needed to know the steps for issuance of a bond for the new owner. The bond would only be for the first phase of the development (first four lots and the VandeBogart home lot) , but the new owner would purchase the entire subdivision. Mr. VandeBogart stated he had received an estimate of the cost of the completion of the first phase of the road in the amount of $129,230 for 1600 feet of road. He stated he had contacted Dave and Steve Elliott on the advice of Don Mayo, Town Engineer. The lot that VandeBogart will be building his own home on will be included in the package to the developer and then transferred immediately back to VandeBogart.

Jan VandeBogart stated that he had spoken with lawyers and an accountant, and they had recommended this would be the way to accomplish it. All negotiations will be done at the same time regarding the transfer of property.

The Board advised the following:

1. Because of the amount of the estimate, applicant should get at least two other estimates for the cost of the road. (It was indicated the Board has the right to obtain other estimates if they feel it is necessary.)

2. Develop a plan or use the existing one which is in place for Don Mayo for inspections of the road, etc. within a certain time frame

3. Board indicated the Bond Amount should be the value plus 10%.

4. Board will conduct a Site Visit on May 22, 2002 at 6:00 p.m.

5. Board will hold a Public Hearing with notification of all abutters at the June meeting if all paperwork is in place.

6. The Board point out that nothing can happen until the bond is in place including no signed and/or filed mylar or construction, etc.

Jan VandeBogart asked about the previous stipulation of issuing of Building Permits only every two months. Does this still apply? The Board indicated this was no longer an issue.

Jan VandeBogart asked the Board if they felt he would be able to get approval at the next meeting in June. The Board indicated they had no way of determining but that if all paperwork was in place, etc., they saw no reason why a decision could not be made at the June meeting.

MICHEL BELANGER PROPOSED 22 LOT SUBDIVISION OFF STARK LANE IN THE MEDIUM DENSITY DISTRICT IN DUNBARTON, NH

Jacques Belanger, Surveyor, appeared before the Board with a draft plan showing a 22 lot subdivision off Stark Lane consisting of 90 acres. He stated Michel Belanger had a buyer for the property but the proposed subdivision would be done in Michel Belanger’s name.

The proposed subdivision included two culdasacs which were both more than 600 feet long. The entire length of the main loop road is 3,300 feet.

The Board indicated a concern about that many lots with only a single entrance. It was indicated that 15 lots was the maximum number for a dead end road.

Board indicated they would need a traffic survey.

Jacques noted that the State has indicated they want 28 feet of pavement on Stark Lane. Still negotiating.

Board indicated this will need State Approval and Attorney General Approval because of the number of lots.

It was indicated the project will be phased.

Board asked if they had considered a PUD.

Board would like the applicant to look into two entrances, etc.

The proposal will possibly be on the agenda for the June Meeting.

JEFF CROSBY

Stated he owns two non-conforming lots and the septic system for his home is partly on the other lot. He would like to do a Lot Line Adjustment to bring the line to include the septic system for the home.

The Board noted he would need a Variance from the Dunbarton Zoning Board of Adjustment. He would be creating a smaller non-conforming lot and a larger non-conforming lot by doing this.

There being no further business, the meeting adjourned at 10:30 p.m.

Respectfully submitted,

Alison Vallieres

Secretary