DUNBARTON BOARD OF SELECTMEN

MINUTES OF MEETING

THURSDAY, MAY 19,  2005

TOWN OFFICES – 7:00 P.M.

 

The regularly scheduled weekly meeting of the Dunbarton Board of Selectmen was held at the above time, date and place with Chairman Charles Graybill  presiding.  It was noted that the meeting was called to order at 7:00 p.m.  The following were present:

               

                Charles (Chuck) Graybill, Chairman

                Mert Mann

                Les Hammond

                Janice VandeBogart, Town Administrator

 

The Selectmen reviewed correspondence and signed checks prior to the Public Meeting was called to order.

 

Mr. Schroeder:  Question re Stone Road:

 

Mr. Schroeder appeared before the Board and stated that he had purchased 108 acres across the street from his home on Robert Rogers Road.  He purchased it because he was told it was going to be sold to a developer.  He did not want any more houses therefore he purchased the property.  He stated his goal is to not develop the property but  doesn’t have enough frontage for two lots.  There is only 300 feet on Robert Rogers Road and another 50 feet for access between two other owner’s lots.   The Planning Board has indicated that 50 feet is not enough even for a Large Lot Subdivision.   He stated the lot has about ˝ mile of frontage on a Class VI Road which cannot be used as frontage for a subdivision unless it is brought up to Class V standards.

 

He stated that one of his options is he would like to see if his abutters can purchase a portion of the property.  

 

Mr. Schroeder stated he was trying to find out what all his options are with regard to the property.  He stated he needs to sell something in order to pay for the lot but would like to keep it undeveloped. 

 

The Board of Selectmen noted his options would be as follows:

 

1.        Apply to the Zoning Board of Adjustment for a Variance to subdivide a lot with less than the minimum required frontage.

 

a.        Les Hammond indicated that a Variance would be difficult to obtain because Mr. Schroeder would have to prove hardship which he is creating himself by subdividing.  In addition, there is Public Interest, etc.  There is no way of knowing if the Zoning Board would approve the Variance.

 

2.        Approach abutters and try to annex a portion of the lot to the rear of the abutters’  lots.  Mr. Schroeder stated he really has to sell a building lot in order to get enough money to pay for  the property.

 

3.        Mr. Schroeder presented a letter signed by Mert Mann, Chairman of the Board of Selectmen, dated four or five years ago stating that the Selectmen will allow for the upgrade of Stone Road if a subdivision occurs.  At this point in the discussion, the Selectmen stated that this letter no longer applies because it is outdated re the current regulations.  The Board of Selectmen would require the upgrade of the entire length of the road if it were subdivided  now.  This would be expensive to the sub-divider. 

 

4.        Mr. Schroeder could consult with a Surveyor to determine what his options would be before going any further.

 

5.        Mr. Schroeder stated that the Town eventually will need land for a school.  Would this be a possibility? 

 

a.        Master Plan would possibly indicate a time frame for the need for a new school, etc. 

 

Ken Swayze, Brief Follow-up on “Exactions”: 

 

                Ken Swayze, Building Department, reported on Exaction Fee to the Board as follows:

 

1.        Made reference to a case which made it to New Hampshire Supreme Court (Simonsen vs. Derry).    The Court Case in Derry, the developer was asked to provide offsite improvements.  The developer said he would do it but then took the Town to Court. 

 

2.        Starting in the 1980’s, 90’s and 2000, when the developer came in, he was expected to provide the roads and was expected to provide “exaction”.  Towns now do have Impact Fees, but many have been applied haphazardly.  You can’t have it both ways.  You can’t have both Impact Fees and Exaction Fees.   You have to be fair and analyze things because there is no formula.  It is what the development imposes on the community.  If you work out the costs for the road, then “rationale nexus” theory.  If there is a development at the end of a two mile road and the Town said the developer has to pay for the upgrade of the entire road, that would be incorrect.  It did benefit the subdivision but the upgrade would be benefiting other undeveloped potential lots on the road.  Planning Boards and Selectmen don’t have the sophistication but cities and some towns do it all the time.  A perfect example is sewer extensions.  When your septic system fails you are going to pay for hooking into the Town sewer system at an established cost. 

 

3.        “Exaction” fees get complicated.  Each case is done differently.  Tucker Hill is another example.  The road improvements which they paid for directly benefited Tucker Hill. 

 

4.        Presented the Selectmen with a copy of RSA 674:21 (j) which states as follows: 

 

“(j) The failure to adopt an impact fee ordinance shall not preclude a municipality from requiring developers to pay an exaction for the cost of off-site improvement needs determined by the planning board to be necessary for the occupancy of any portion of a development.”…………

 

5.        Noted that the Planning Board took out the requirement within the regulations that developers have to give 5% of the total land volume to the Town.  This was illegal and was taken out of the regulation because of that. 

 

6.        Gile Hill Road is going to be talking about “exaction” fees.  It was noted that the Selectmen have to be part of this.  The Selectmen recommend to the Planning Board.  The Planning Board will set the conditions.  Jeff Crosby, Road Agent, has set a dollar amount but it does not take into account all the road improvements which should be done.  Ken stated that if someone does two miles of road improvements, the abutters can’t  just get rich overnight because of it.  They have to pay their “fair share” also for undeveloped lots. 

 

7.        The exaction fee is determined by the total cost of the off site improvements divided by the total number of lots which benefit from the off site improvements.  This figure is assessed on a per lot basis.  The developer pays the Town the amount which they have been assessed per lot.  The Town does the road improvements and then assesses each undeveloped lot as it is developed.    The Town budgets for the road improvements. 

 

8.        Les Hammond stated that Gile Hill Road will have to be paved because it has a 12% grade. 

 

9.        Selectmen noted they will need a Build Out Schedule for that area prior to assessing “exaction” fee from the Chan’s. 

 

Garden Club:

 

Judy Peterson and Donna Dunn, Garden Club members, appeared before the Board of Selectmen with the following requests and comments:

 

1.        Noted that the Garden Club is a non-profit private group within the Town.  They provide money to the scholarship fund, beautify the Town Common, etc.  They need fund raising projects to help meet their obligations. 

 

2.        One of their members had a suggestion of selling daffodils with a long term goal of ten years.  This would bring spring color to the Town, etc.  Looking for the Selectmen to officially sanction the project in conjunction with the 250th Anniversary of the Town.  Looking for the Selectmen’s endorsement of the project.

 

3.        The Garden Club will purchase the bulbs at wholesale prices and then sell them to local residents, etc.  This will be a fund raiser for the Garden Club.  Volunteers will sell the bulbs and include planting instructions, etc.   The Town Common Fund could be used for the funds to purchase the bulbs and then would be reimbursed when the bulbs were sold.

 

4.        Town Street Signs will be sold by Silent Auction on the Dunbarton Web Site.  In addition, the Selectmen reminded Donna Dunn about the Vintage Traffic Light which was donated from the Town Garage.

 

5.        Donna Dunn reported that regarding the Town Hearse Project, Harvey Provencher has taken some of the decayed boards and is in the process of seeing what he can do for replacement. 

 

6.        Les Hammond noted that a Memorial Tree on the Town Common needs to be replaced.  After discussion with the Garden Club members, it was established that the Town should pay for the replacement tree. 

 

The Selectmen reached a consensus that the Garden Club could operate the Daffodil Fund Raising Project in conjunction with the Town Common Project, and it would eventually be worked into the 250th Anniversary for the Town.   There will have to be a Committee established for the 250th Anniversary to be held in 2015. 

 

MOTION:

 

Mert Mann made a motion that the Dunbarton Board of Selectmen go into non-public session in accordance with RSA 91-A:3 at 8:00 p.m. to discuss personnel issues.  The motion was seconded by Charles (Chuck) Graybill.  The motion passed with a roll call vote as follows:

 

                Graybill – Yes

                Mann– Yes

                Hammond - Yes

 

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

 

Mert Mann made a motion that the Dunbarton Board of Selectmen adjourn the non-public session  to discuss personnel issues in accordance with RSA 91-A:3 at 8:31 p.m.   Charles (Chuck) Graybill  seconded the motion.  The motion passed with a roll call vote as follows: 

 

                Mann – Yes

                Graybill – Yes

                Hammond – Yes

 

Jeff Crosby, Road Agent, Class VI Roads:

 

                Jeff Crosby appeared before the Board with the following items:

 

1.        Jonathan Hammond had contacted him regarding grading of Story Hill Road which is a Class VI road.   Jeff Crosby stated he did not want to make any commitments before checking with the Selectmen on Town repairs, etc. to Class VI roads.  Janice VandeBogart stated that according to the State Statutes, Town funds are not permitted to be used on Class VI roads because of liability issues, etc. 

 

a.        Les Hammond stated this had been a situation in the past whereby he (Hammond) had plowed Meadow Lane in return for Simon Audet to grade Story Hill Road probably twice a year.  He noted there were other situations similar to this one throughout the Town.  This was done to help people who did not have a grader, etc.  There are three houses on the road.  Story Hill Road is a Class VI at the beginning and then turns into Class V further down. 

 

Les Hammond noted there had been some logging done at the bottom of the road and parts of the road had rutted and washed out.  Believe they are done logging now. 

 

                MOTION:

 

Charles (Chuck) Graybill made a motion that the Town NOT grade Story Hill Road.   The arrangement was made with a prior Road Agent and has no standing at this time.   The motion was seconded by Mert Mann.  The motion was passed with the following vote:

 

                Hammond – Abstained

                Mann – Yes

                Graybill – Yes

 

The Board of Selectmen discussed maintenance on Class VI roads.  Les Hammond stated that Guinea Road is a Class VI road past James Stone property.  The Town plows down to the turnaround where Ken Swayze made improvements to the driveway for the lot he sold.  He (Swayze)  provided a turnaround by the brook.   Les Hammond stated that if you don’t grade Story Hill Road, the Town should not be plowing this portion of Guinea Road.  It is the same situation.

 

Chuck Graybill stated the Town should never have allowed improvements/maintenance to start in the beginning. 

 

Mert Mann noted that after so many years, how can we stop it? 

 

Charles Graybill stated that the Hammond maintenance was a deal between the previous Road Agent and the owner.  

 

Selectmen noted the following issues:

 

1.        Guinea Road from Stone driveway to Robert Rogers Road is a Class VI road and is maintained for fire trucks for safety reasons.

 

2.        Jeff Williams, Lion Hill Road was supposed to be improved by Williams to Class V standards and never was improved. 

 

3.        Gile Hill Road will be upgraded and then will petition the Town to take over the Class VI portion.   The Selectmen will need a detailed cost breakdown of what will be required on Gile Hill Road including paving.  This is just not for today.  The road is determined to be 18 feet wide with two foot shoulders for a total of 22 feet wide.  The cost will include upgrading the road from Grapevine Road to the Brennan’s property which is over 2,000 feet.  The Planning Board is looking for a recommendation for a cost figure.  The cost figure should be for the TOTAL COST.  Because of the grade, the road should be paved.  There will be more people up there, more cars going up and down.  The Chan’s will  have to pay their portion also. 

 

The question was asked how the Town will pay for the road.  Would have to have a road hearing.  The Town will pay for the improvements from Highway funds.  As lots are developed, they will be assessed a portion of the costs of upgrading, etc.  including the Chan’s. 

 

Comments from the General Public:

 

                NONE

 

MOTION:

 

Mert Mann made a motion that the Dunbarton Board of Selectmen adjourn at 9:00 p.m.  Charles Graybill seconded the motion.  The motion passed unanimously. 

 

 

Respectfully submitted,

 

 

                                                                                                                                Alison R. Vallieres

Recording Secretary

 

_______________________________________

Charles (Chuck) Graybill, Chairman

 

_______________________________________

Mert Mann, Selectman

 

_______________________________________

Les Hammond, Selectman