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
Kenneth Swayze, Co-Chairman
Alison Vallieres, Secretary
Carter Higginbotham
George Holt
Brian Nordle
Michael Poirier, Alternate
Charles Graybill, Selectman
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
1. Page 7, Kenneth Swayze noted
there was no mention of the discussion on the Michel Belanger, Stark Lane
Proposed 22 Lot Subdivision by the Selectman regarding reservations about
putting the application on the agenda because of outstanding issues between the
applicant and the Town particularly with regard to Jacqueline Drive problems
and also financial issues. The Board
agreed to add this item to the minutes.
2. George Holt noted that on
the first page regarding the voting members on Stillwater Properties, his name
should be included. This was added to
the minutes.
At
this point in the public hearing, Kenneth Swayze stepped down from the Board.
It
was noted that Jacques Belanger, Surveyor, would be unable to make the
presentation because of family commitments for graduation. Fred Weston, applicant and Anthony Costello,
of W. G. Howard will do presentation.
The
applicant noted there was three issues they needed to address from the last
meeting as follows:
1. Address all concerns in Don
Mayos letter
The applicant presented a letter from Don Mayo
stating that the revised plan as submitted was satisfactory. (Attached)
2. Prepare a complete
intersection plan showing all details, etc.
The applicant presented a complete intersection plan
which had been submitted to the Board two weeks prior to the meeting for
members to look at.
At this point, Don Mayo was asked for his comments
regarding the intersection plan. Don Mayo noted it couldnt be done as shown on
the plan. Don Mayo indicated he would
like the applicants to consider a dry culvert.
Would involve less maintenance for the Town. The Board questioned Don Mayo as to whether a
15 culvert was large enough.
The end result of the discussion was that the
applicants and road engineer will redesign the drainage issues to include a dry
culvert. They will have to do drainage
calculations.
The applicants stated the intersection will be
coming to a T in the road.
3. Address the bonding of the
road.
At this point in the discussion, the Board asked the
applicant if there was any problem with Kenneth Swayze participating in the
bonding discussion. The applicant
agreed.
At this point, Kenneth Swayze stated that he had
received a cost estimate for the building of the road in the amount of approximately $300,000. With the 10% increase per year would be
$330,000 for one year. The cost is
calculated at $150.00 per foot of road.
(Attached) Based on this, the
Town would be able to issue Building Permits on this property.
The applicant also presented a one year Letter of
Credit from Sugar River Savings Bank in the amount of $300,000. (Attached)
Kenneth Swayze stepped back down from the
Board.
The
applicants stated that the Selectmen had given their verbal blessing to
James
Marcou read proposed conditions re the Stillwater Properties which would be
included in the motion if passed by the Planning Board this evening as follows:
At this point in the hearing, Charles Graybill, Selectmen stated that he did not feel the Board could make a decision on the proposed subdivision because the Selectmen and the applicants have not been able to reach an agreement on the salt issues via written agreement. He also noted the intersection/road plan will change because of suggested drainage issues.
George Holt asked that drainage easement areas be shown on the
plan. He also asked if the Conservation
Easement on the 17 acre lot to the Town had been reviewed by legal counsel
and/or the Town, etc.
At this point, Charles Graybill, Selectman, stated in the draft
easement, the applicants had retained the right to cut trees to maintain the
views on Lots 51, 49 and 50. The
Selectmen did not agree with this. The
Planning Board also agreed that this stipulation should not be included in the
Conservation Easement. Charles Graybill
had a draft copy of the easement.
(Attached)
George Holt stated again that he disagrees with lots 46 and 47
positions because of impact to wetlands and wanted to be on the record with his
concerns. Stated the Board had indicated
that DES would make the recommendations, but he stated he didnt think the
State has enough manpower to look in depth and we should deal with this on our
own turf. We should deal with this
in-house and not depend on outside agencies to handle. He stated the Planning Board should not act
on this subdivision until all issues are addressed by the applicants.
At this point Fred Weston stated they had met with every regulation of
the Town and had asked for no exceptions. Based on this, the Board should be
able to go ahead with their decision.
Phasing
The Board asked the applicants how they were considering phasing. The Board indicated this was requested
because of impact on the school system, etc.
The applicants stated they would like to build out within a two year
period with seven lots each year.
After discussion, it was agreed that the subdivision would be built out
as follows:
Between August and
December of 2002 4 permits
Between January and
December of 2003 7 permits
Between January and
August 2004 3 permits
Other Information
The Board noted there were no changes on the subdivision plan, only the
road issues. Based on this information
at this point in the meeting, the Board agreed amongst themselves that they
could move forward with a decision this evening.
At this point, George Holt stated he disagreed. The Board is not prepared to make a decision
this evening because all pieces of the puzzle are not in place. We need to look at the revised plan for
drainage and agreements. We agreed last
meeting that we need to address the issues.
I would like to see the final product.
The legal wording should be reviewed by Town Counsel.
At this point in the discussion, the applicants stated that they have
decided not to deal with any salt issues on future wells, they will agree to
pave the entire length of
Abutters were read as follows and noted all had been notified by
certified mail:
Martha Hammond Not Present
Randolph/Lisa Bauer Not Present
David/Deborah Foster Not Present
Janet Zeller Revocable Trust Present, stated she appreciated that
Chuck Graybill has kept her up to date on information. Fred Weston has also listened to her
concerns. Appreciate the driveway being
moved. Concerned about the sweep. Dont know if the painted line will be
effective in slowing cars down.
Concerned about the 14% drop on a non-maintained road. Potential of erosion with a 14% grade. Can they run the paving over the edge to try
to prevent this, etc. Talked with Fred
Weston about this. Not sure what the
profile is with 8% plus 14%. This is a
continuing concern. Also what about Don Mayos idea about putting in a dry
culvert. Eventually all water would
drain to the brook. This has been a dry
year. Will be putting additional flow
down there and only increase the flowage through the culvert.
The Board explained the process.
Will be given an opportunity to review the plan with changes. James
Marcou stated he concurred with Don Mayos recommendations.
Janet Zeller stated it certainly made more sense.
It was noted the paving to be the Town of
Albert Statuto Not Present
Jeff/Bronda
Jacqueline Kennedy Present, no comments.
Kathleen McDonald Not Present
Mark/Gretchen Andrews Not Present
Nancie Stone Represented by Kenneth Swayze, no comments
Mark A. Tarsa Not Present
Schauer Environmental Consultants Not Present
W. G. Howard Present, Anthony Costello, Engineer
J. E. Belanger Surveying Not Present
Town of
The public hearing was closed at
PUBLIC HEARING ROBERT AND
JANE LEWELLEN PROOSED TWO
At this point in the meeting, Kenneth Swayze stepped back on the Board.
Michael Poirier stepped down from the Board.
Kenneth Swayze stated that Jacques Belanger, Surveyor, had asked that
the Board proceed on the proposed subdivision in his absence.
The Board noted that at the last meeting, the only necessary items they
needed were as follows:
1.
Site walk to be
completed
2.
State approved
driveway permits
It was noted the Board had completed a site walk of the property.
(Carter Higginbotham, Kenneth Swayze and Jacques Belanger) The lots looked fine. Not as steep as originally thought. The plan has not changed from the previous
meeting. They have done a good job of
flagging the wetlands.
The Board noted that the State of
Geroge Holt asked about the driveway easement. Do they have good building sites?
Board established both the lots had good building sites.
GH asked about the integrity of the beaver dam? The Board stated this was not a big
issue.
Abutters were read as follows and noted all had been notified by
certified mail:
Diane Ouellette-Falkensten Not Present
Peter A/Jane Lunsford Not Present
Peter/Monica Ann
Lisa/Mark Tierney Not Present
Thomas Englund Revocable Trust, Thomas England Present, Would have
preferred to have an open field there but this is not going to happen.
Richard/Denise A. Morin Not Present
John/Doraine T. Mooar Not Present
J. E. Belanger Surveying Not Present
Schauer Environmental Consultants
- Not Present
There being no other public discussion, the public hearing closed
at
PUBLIC HEARING DANIEL TERRELL PROPOSED THREE LOT SUBDIVISON LOCATED ON BARNARD HILL ROAD IN THE MEDIUM DENSITY DISTRICT IN DUNBARTON, NH
At this point, Michael Poirier stepped back on to the Board.
It was noted for the record that Jacques Belanger, Surveyor, was not
present. The applicant, Daniel Terrell
was present.
The Board noted that they had completed a site walk of the
property. (Carter Higginbotham, Michael
Poirier and Kenneth Swayze) The wetlands
have all been flagged. It is
sub-standard poorly drained soils. There
is enough land to subdivide, etc. There
will be two new lots.
The Board noted that test pits have not been dug yet therefore, cannot
act on this plan this evening.
Abutters were read as follows and noted all had been notified by
certified mail:
Scott and Kathleen Murray Not Present
Barbara/Paul Kilmister and Robert/Mary Gourley Not Present
George and Susan Chase Not Present
David/Jennifer Allen Not Present
Jeffrey/Marcia Trexler and Robert/Laurie Waldron Jeff Trexler
present, no comments.
James/Ann Marie Kalinskis Not Present
David/Diane Corcoran Not Present
Schauer Environmental Consultants Not Present
J. E. Belanger Surveying Not Present
Other members of the public:
Margaret Watkins Asked if the proposed septic system was 75 feet from
wetlands.
Kenneth Swayze stated that it was not considered wetlands, poorly
drained soils, therefore must be 50 feet and it is okay.
John Trottier asked if they would be justified in acting on the plan
this evening with no test pit data, etc.
The Board indicated they would have to have the test pits done along
with the test pit data before making a decision on the plan.
The proposed subdivision public hearing will be continued until the
next meeting because of no test pit data.
The public hearing was closed at
DECISIONS:
At this point in the meeting, Kenneth Swayze stepped down from the
Board and the discussion.
The Planning Board noted the following concerns about the Stillwater
Properties Proposed Subdivision:
1. Concern over the proposed view clearing easement
which
2. The deed to the Town should include a statement that
the lot will forever be non-buildable and explain what non-buildable means and
what it includes.
3. The easement language should be gone over by Town
Counsel, Planning Board, Selectmen and whichever Board within the Town will
control the easement.
4. The issue of the agreement between the Town and the
applicants regarding the salt issue with potential wells. (The Planning Board agreed amongst themselves
that this is not a Planning Board issue but must be worked out between the
applicants and the Selectmen)
5. Need easements for drainage culverts shown on the
plan. (Also need deed descriptions to be
included within the deed to the Town)
6. Need road plan to show complete engineering data to
include the realignment of culverts along with drainage in accordance with Don
Mayos recommendations to be shown on the final road plan.
7. Need new drainage assessment to include the changes
per Don Mayos recommendations.
At this point, the applicants pointed out that the Selectmen have agree
to what improvements should be made on
At this point, Charles Graybill noted that the Selectmen had been with
the attorney today to go over the verbage.
It is not like they are not proceeding.
MOTION:
At this point, Charles Graybill made a motion that the Dunbarton Planning Board table the Stillwater Properties Proposed 14 Lot subdivision for 30 days or until such time as all the loose ends are tied up and there are no more outstanding issues to be resolved. The motion was seconded by George Holt.
Voting members were as follows:
James Marcou
George Holt
Alison Vallieres
Brian Nordle
Charles Graybill
Carter Higginbotham
Michael Poirier, Alternate
The motion passed by a majority vote with all members voting in the affirmative with the exception of Michael Poirier who voted against the motion.
The Board noted the Secretary will request a letter of extension from
the Selectmen for the Stillwater Properties.
Lewellen Proposed Two
At this point in the meeting, Kenneth Swayze stepped back to the Board.
Michael Poirier, Alternate, stepped down from the Board.
MOITON:
A motion was made by Kenneth Swayze, that the Dunbarton Planning Board approve the proposed two lot subdivision of Robert and Jane Lewellen of Lot D3-2-2 located on Route 13 in the Low Density District in Dunbarton, NH as submitted subject to the receipt of State Wetlands Permits. The motion was seconded vy George Holt.
Voting members were as follows:
James Marcou
Kenneth Swayze
Carter Higginbotham
Charles Graybill
Alison Vallieres
George Holt
The motion passed unanimously.
Daniel Terrell Proposed
Three
Michael Poirier stepped back on the Board.
The Board agreed to table
the Daniel Terrell Proposed Three
9:00 p.m. ANDREW AND DONNA DUNN AND VERA L. FOGG PROPOSED SUBDIVISION AND ANNEXATION LOCATED ON GORHAM POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
MOTION:
At this point in the
meeting, Kenneth Swayze made a motion that the Dunbarton Planning Board accept
the application for a subdivision and annexation from Andrew and Donna Dunn and
Vera L. Fogg as presented this evening and begin deliberations this
evening. The motion was seconded by
Michael Poirier. The motion passed
unanimously.
The proposed subdivision will connect 12+ acres to the Dunn existing
4.53 acres making the Dunn Lot 16.85 acres and the remaining Fogg Lot 15.11
acres.
Abutters were read as follows and noted that all had been notified by
certified mail:
Frederick Greenhalge Not Present
Gary Attalla Present, no comments
Robert/Gerald Bourassa and J. Urella Not Present
James Starr Not Present
Alicia Brady Revocable Trust Not Present
Town of
J. E. Belanger Surveying Not Present
The item will be on the Planning Board agenda in July as a Public
Hearing.
THOMAS H. LORDEN (RICK MARTIN) PROPOSED FOUR LOT SUBDIVISION LOCATED ON TENNEY HILL ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
At this point in the meeting, Kenneth Swayze stated that the Secretary
had informed him there was an abutter which had been omitted from the
applicants abutters list. Based on this
information, the following motion was made:
MOTION:
Kenneth Swayze made a motion to deny the application on behalf of the Dunbarton Planning Board for the Thomas H. Lorden (Rick Martin) Proposed four lot subdivision located on Tenney Hill Road in the Low Density District in Dunbarton, NH because it was incomplete in that an abutter was not included in the notification process. The motion was seconded and passed unanimously.
GEORGE E. NICOLAOU PROPOSED
TWO LOT SUBDIVISION LOCATED
Kenneth Swayze stated that he had reviewed the proposed application for
the George E. Nocolaou Two Lot subdivision located on
MOTION:
Kenneth Swayze made a motion
that the Dunbarton Planning Board accept the George E. Nicolaou Proposed Two
Lot Subdivision located on Manison Road in the Medium Density and Village
District in Dunbarton, NH as presented and begin deliberations this
evening. The motion was seconded by
Alison Vallieres. The motion passed
unanimously.
At this point in the meeting, Arthur Siciliano, Jr., Land Surveyor,
represented the applicant. He presented a plan showing the proposed
subdivision. It consisted of breaking a
5.5 acre lot into two lots, one being 2.01 acres within the Village District (2
acre minimum) and the other being 3.54 acres in the Medium Density District (3
acre minimum).
The Board noted the proposed subdivision was in the area of a hazardous
intersection and they would look for an easement from the applicant to allow
changes to be made to the intersection to make it less hazardous.
Arthur Siciliano stated he was looking for input from the Board. The Board advised him to contact the State of
Abutters were read as follows and noted that all had been notified by
certified mail:
Mitchell/Nancy Rosen Present.
Stated they were again this. It
is a small piece of land. Stated that
whatever information he needs to get to express his objections, etc., he will
do. This is a very dangerous intersection. These are very small lots.
The Board noted that legally, the applicant is allowed to subdivide
because he is within both the Village and Medium Density Zones. He has the right to do this.
Kristin/Brett St. Clair Present.
Asked about whether the driveway would be coming out onto Route 13 or
Pamela A. Gooick Present, she stated she was the next door neighbor
and she was opposed to this. Concerned
about safety factors. She walks her dog
and has to jump out of the way now.
Concerned what is going to be put on this property. I live out in the country. We will be left with what is left. Would agree with improving the corner. Concerned about the driveway on
Roger St. Onge Not Present
Jon/Doraine T. Mooar - Not
Present
Thomas Englund Revocable Trust, Thomas Englund Present. Stated he had similar concerns as the
previous subdivision. Stated he was sure
there was not a driveway off Route 13.
Would question whether they could get a State driveway permit onto Route
13. The woods road may only be a foot
path.
Arthur Siciliano stated he will bring in any existing driveway permits
for the next meeting.
Robert/Jane Lewellen Not Present
Kathleen A. McDonald Not Present
Other Members of the Public:
Jeff Crosby Asked if there is any guarantee as to when they will
improve the intersection. Who will foot
the bill for the construction of the intersection. Who will own the land that is taken under the
easement for road improvements.
Kenneth Swayze noted the road improvement area will be an outright
ownership.
Dave Breault Stated he was also concerned about the intersection as
well. The Medium Density District is
being developed. I know this Districting
was done by the Town to protect the Town from potential law problems concerning
exclusionary districts. People went from
five acres to three acres. Was done to
help the Town. I am disappointed. This is going to be the most compact part of
Town. We are adding more houses, cars,
sidewalks, etc. Not just one subdivison
but two or three. Should be weighed as
far as quality of life: issues.
The Board pointed out that at one time the entire Town was two acre
zoning. The Town went from two acre
zoning to five acre zoning, with the Medium Density District of three acres and
the Village District of two acres.
The proposed subdivision will be on the agenda as a public hearing at
the next meeting.
ROCKO DIPETRO (MICHEL BELANGER) PROPOSED LOT LINE ADJUSTMENT AND SUBSEQUENT PROPOSED 22 LOT SUBDIVISON LOCATED OFF STARK LANE IN THE MEDIUM DENSITY DISTRICT IN DUNBARTON, NH
At this point in the meeting, Kenneth Swayze stated that he had
reviewed this application in some detail and it comes to the Board with
engineering and is very technically complete.
MOTION:
Kenneth Swayze made a motion that the Dunbarton Planning Board accept the application this evening but delay deliberations until next month. The motion was seconded.
DISCUSSION:
The Board noted they should not be involved in the discussion between
the Selectmens Office and Michel Belanger.
The Board also noted they would like to get Central New Hampshire
Regional Planning Commission Office involved in the discussion at the ground
level.
Charles Graybill Stated that from a personal level, there are legal
issues tied into the property and would like to see completion of
Several members of the Board stated they would like to see old business
straightened out with the applicants before opening up a new project.
Michael Poirier Stated he had no comment.
Charles Graybill Stated he would abstain from the vote for the
acceptance of the application this evening.
Michel Belanger Stated this was not his fault. He has tried to resolve these issues with the
Selectmen over a period of time. Stated
it was the Wetlands Board fault because they told him to do something and then
told him it was wrong, etc. Wetlands Board is the problem. Have tried to meet with the Road Agent
several times to find out what he wants him to do to straighten out the
problems. Met with him just last week. I
am to call Brox and make arrangements for paving. Also have to cut a couple of small
trees. The Selectmen stated at one
point, they had more than enough money to do these things, etc. (from my bond).
Charles Graybill noted that the road issues were one of two
problems. The other problem would also
have to be worked out before he would agree with any further projects from the
applicant (Michel Belanger).
At this point in the discussion, Attorney Howard Dunn representing
Rocko Dipetro, applicant, stated that this had nothing to do with his
client. This is the first time he had
ever seen Michel Belanger. Stated the
Board was on shaky ground in penalizing his applicant. Wanted the Board to consider his client,
Rocko Dipetro, the Owner because he held a Purchase and Sales Agreement on the
property.
The Board noted they could not do this because the parcel was still
owned by Michel Belanger.
The Board asked Michel Belanger if he felt he could resolve the
problems between him and the Town in the next 30 days before the next
meeting. He stated he felt he
could. Based on this information, the Board
decided to vote on the acceptance of the application.
At this point, James Marcou stated that the applicant (Michel Belanger)
has to get these issues resolved with the Town before the Board can make any
progress on this application.
Voting members were as follows:
James Marcou
Kenneth Swayze
Alison Vallieres
Carter Higginbotham
George Holt
Brian Nordle
Charles Graybill
The motion passed by a majority vote of the Board with Charles Graybill abstaining from the vote.
PRESENTATION:
Jacques Belanger, Surveyor, presented a plan showing the proposed 22
lot subdivision on 89.9 acres. He
stated the Lot Line Adjustment would connect two parcels together and then the
entire parcel would be subdivided into 22 proposed lots. There would be a 3700 foot road with a
hammerhead at the Gourley Property.
There would also be a 900 foot culdasac and an 1100 foot culdasac. This is within the Medium Density District. Will need State Subdivison approval.
Have spoken with State DOT regarding improvements to
Schauer Environmental will be mapping what wetlands are on the
property.
Rook Engineering will be doing proposed road engineering, etc.
Jacques Belanger stated at this point they were leaning towards a Fire
Pond.
Will be able to maintain an 8% grade on the main entrance road. On
Abutters were read as follows and noted all had been notified by
certified mail:
William Baril Not Present
Dennis Forcier Not Present
Society for Protection of NH Forests Not Present
Orvis/Doris Cunningham Trust Not Present
Anthony/Annette Marino Not Present
Roger/Pamela Bergeron Present,
No Comments
Edward/Vicki Klements Present - Stated all wetlands abut him and wetlands
flow on to his property. Want to make
sure that this is handled correctly.
Robert Cowan Present. Stated
that before when Mr. Belanger came forward with a plan to develop the property,
we tried to look at traffic issues and worked with DOT and they furnished
accident data for the area. I want to
pu;; this data. I have some concern
about the creek that flows into the Town Forest. There is a huge amount of traffic that comes
in the summer to Clough State Park.
These are my preliminary concerns.
Going by previous experience with Jacqueline Drive, even if this gets
resolved, how long is it going to be.
These people have made a commitment and will make promises and everything
looks great. I am concerned because I
have lived here 23 years. There is a
whole lot of development and there will be no quality of life.
Scott/Deborah Aubrey Present, no comments.
Dunbarton Town Forest Not Present
Barbara/Paul Kilmister and Robert/Mary Gourley Not Present
David/Jennifer Allen Not Present
Schauer Environmental Consultants Not Present
J. E. Belanger Surveying Present
Other Members of the Public:
Margaret Watkins Concerned also about quality of life. This property abuts the SPNHF land that was
given by the Browns. It would seem that
there could be other alternatives for design, etc. These are the decisions that we have to make
now and we will look back and say we should have made other decisions,
etc. We do have regulations. There are requirements for lengths of
culdasacs. The Board should look long
and hard at this proposal before approving it.
Jeff Crosby Stated he cant help but notice that there appears to be
some strong issues here and would hope that the Chairman of the Planning Board
has all his issues taken care of with the Town with regard to his road, etc.
Items that need to be addressed on this proposed subdivision as
follows:
1. Engineering Design
2. Waiver for the 8% grade and 10% grade. (Board noted this was needed in writing)
3. Drainage calculations.
4. Safety/traffic study for Stark Lane
The item will be on the agenda at the next meeting as a public
hearing.
OLD BUSINESS:
At this point in the meeting, Charles Graybill, Selectman, reported
that the Department of Environmental Services, had reached an agreement with Anthony Drobat on the materials that he had
used at his property. Based on this
information, the Dunbarton Planning Board will process the plan for the Lot
Line Adjustment. (copies of
correspondence and previous minutes attached).
Kenneth Swayze presented an updated boundary plan of his Lot located at
Guinea Road in Dunbarton, NH.
(F4-1-4). The Planning Board
instructed him to file it with the Town Office.
There being no further business, the meeting adjourned at 10:35 p.m.
Respectfully
submitted,
Alison
R. Vallieres
Secretary