DUNBARTON PLANNING BOARD
WEDNESDAY, JUNE 21, 2006
DUNBARTON TOWN OFFICES – 7:00 PM
The regular monthly meeting of the Dunbarton Planning Board was held at the above time, date and place with Chairman Brian Nordle presiding. The following members were present:
Brian Nordle, Chairman
Kenneth Swayze, Co-Chairman
Alison R. Vallieres, Secretary
David Breault, Alternate
Chairman Brian Nordle verified with the Secretary that the Public Meeting Notice had been posted in three public places throughout the Town and published in the Concord Monitor for one day. In addition, the Public Notice was put on the Dunbarton Web Page.
APPROVAL OF PREVIOUS MEETING MINUTES: Wednesday, May 17, 2006
Kenneth Swayze made a motion that the Dunbarton Planning Board accept the minutes of the Wednesday, May 17, 2006 meeting as written. James Marcou seconded the motion. The motion passed unanimously.
7:00 P.M. - PUBLIC HEARINGS:
JERELYN ROSE JOHNSON HILL REVOCABLE TRUST (I4-01-02 & I4-01-35) PROPOSED PRD (PLANNED RESIDENTIAL DEVELOPMENT) (#06-006) CONSISTING OF 22 LOTS LOCATED OFF GRAPEVINE ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Kenneth Swayze, Co-Chairman, presented a Status Report for the Jerelyn Rose Johnson Hill Revocable Trust Proposed PRD. (attached)
Kenneth Swayze noted the following:
1. There were no new plans presented since the last meeting in May.
2. The Planning Board conducted a Site Walk on June 10, 2006. Brian Nordle and James Marcou were present at the Site Walk.
3. The Dunbarton Planning and Zoning Department sent out a legal notice to both the City of Concord, the Town of Bow, and Central New Hampshire Regional Planning Commission notifying them of determination of regional impact by the Dunbarton Planning Board. The Town of Bow has responded with a letter. (attached) There has been no response as yet from the City of Concord or Central New Hampshire Regional Planning Commission.
4. Regarding the land in private ownership, Ken Swayze has had a discussion with Town Counsel (as requested by the Board). Town Counsel has rendered a verbal legal opinion that all uses of land or property specifically required for an identified purpose, assurance, benefit, or otherwise legal set-aside requirement, shall then not have the application or benefit of any other use or purpose.
With regard to the request of the developer to retain private ownership of any portion of the common land included in the PRD proposal, this is both in conflict with: a) Article 6-D-4; and b) the ordinance definition of “Common Open Space” as “not individually owned.”
Based on the above information, the number of proposed lots (22) is questionable. After talking away all slopes over 20% plus wetlands and the parcel which Mr. Hill wishes to retain in his ownership, the number of proposed lots would possibly decrease.
Brian Nordle, Chairman, stated that when they went on the Site Walk, they checked the proposed Fire Pond location. We did not go way into the end of the lot. He stated the road engineering is expected to show adequate culverts, etc. and drainage. With regard to the Fire Pond, we want to be sure there will be enough water in it. We want to make sure it is deep enough. The Fire Chief has looked at the proposed location for the Fire Pond. If the slopes are over a certain grade, there would have to be a fence around the Fire Pond to relieve the Town of any liability, etc.
James Marcou stated the waterways were well channeled and crossing grades. The impact area will be determined.
Brian Nordle commented that they saw some trees that had been planted on this property and possibly should leave them. To the north, there was a huge maple. The applicants should make sure that doesn’t get knocked down because it is somewhat of a buffer in the summer.
Kenneth Swayze noted that the Town of Bow has made mention of possible traffic impact. Possibly the applicants should pursue some sort of Traffic Study.
Tim Golde, representing the applicants, stated that they had done a Traffic Assessment through a Traffic Consultant, Stephen G. Pernaw & Company, Inc. He presented copies to the Planning Board. (attached)
Ken Swayze noted that it should be submitted in advance to the Planning Board for their review. In addition, Ken stated the Board would prefer to forward the Assessment to the Town of Bow, as part of a policy to make sure all information is transmitted.
James Marcou stated that the Planning Board should have a discussion about ownership of the Open Space. Either it is dedicated or not. We should make our wishes clear on that so they can go ahead and make their assessment of lot numbers.
At this point, Mr. Golde stated that Part 2 of the plan would be the topography. There will be land for Wetlands mitigation. There is the ownership of the three Open Space parcels. We need to put some land in mitigation for our Wetlands Impact. We need a discussion on the whole package.
Kenneth Swayze stated that the Administrative Rules for the Wetlands clearly state that land dedicated for Mitigation shall have no other purpose. Mr. Golde stated that Mitigation Land must be set aside at a ration of 10-1.
It was noted there is about 18,000 square feet of land which needs offset mitigation land. This would amount to 180,000 square feet or a little over four acres. It could be land outside the project for this purpose, if acceptable to DES.
It was determined that the Planning Board needs to do a Workshop on this outside the Board. The Board needs to have the plans in front of them.
Brian Nordle stated he did check with DES and by their regulations, and you can’t use Mitigation Land for dual purposes. Our Conservation Commission is astute at looking at water corridors. Bela Brook is a huge wetlands corridor.
Kenneth Swayze stated there are some problems with the mathematics. There is some land that is not part of the Open Space. They have to conform to the five acre zoning in their calculations for the base density calculations. If you take out acreage for Mitigation and the Trout Pond parcel, etc., you will have to reduce the number of lots.
Brian Nordle noted that with regard to the Private Ownership of the Trout Pond Parcel, you have a reason why you want it private ownership and you can do that. You just can’t include that in the calculation of number of allowed lots. The Planning Board needs to see a calculation of the distribution of land. If the calculation doesn’t meet another Board’s Open Space requirements (Zoning Board), it will have to be recalculated. If Mr. Hill wants to retain ownership of the Trout Pond parcel, it cannot be included in the count for density, etc.
Tim Golde noted that the total acreage was 136.5 and by taking out four (4) acres for Mitigation, it would reduce it to 132.5 total acreage. Will lose at least one lot.
Michael Poirier suggested the applicants come back to the Planning Board with a plan showing the 20% grade and with the correct calculations. Any slopes greater than 20% cannot be counted for the density, etc.
The Planning Board noted that with regard to the fence around the Fire Pond, the applicants need to speak with Fire Chief Jon Wiggin. The Town is going to own the property around the Fire Pond. (It will be part of the roadway dedication..) The fence would reduce liability for the Town. If the slopes are steeper than 4-1, it should have a fence.
At this point, the applicant stated that the proposed Fire Pond was a “Enhancement to Wildlife”. If we put a fence around it, it has no value to the wildlife.
The Planning Board pointed out that the fencing may be required because of a liability issue for the Town.
Frank Welin stated that when the original PRD was approved, it was going to be a Cistern. Your liability issue would be gone if you had a Cistern.
Abutters were called as follows:
S&M Forest Trust – Not Present
Henry Parker – Not Present
Wayne B. Mills – Not Present
Matthew/Heidi Virta – Not Present
Patricia and Frank Welin – Present. No comments at this time.
Daniel A/Maria Nordin – Not Present
Raymond/Betty Jean Bonito – Not Present
Mark E./Martha Prisby – Not Present
Allan Moses – Not Present
Charles/Nancy Rheinhardt – Not Present.
Town of Bow – Not Present
Linda/Harold Johnson Trusts – Not Present
Juneau Development – Attorney Carley McWhirk present representing Juneau Development
Lahajji Development – Attorney Carley McWhirk present representing Lahajji Development
Zid-R-Zee Development – Attorney Carley McWhirk present representing Zid-R-Zee Development
At this point, the Planning Board asked her if she had any discussion with Mr. Golde yet. She stated ‘No, she had not”.
Woods Country Properties – Present.
Town of Dunbarton – (Planning Board present)
Other Members of the Public:
George Holt stated that with regard to the sub-committee meeting with the applicant, the Conservation Commission would like to be included. Mr. Golde will attend. Will schedule the meeting for a convenient time for all concerned.
No other members of the public.
Kenneth Swayze made a motion that the Dunbarton Planning Board continue the Public Hearing until the next regularly scheduled meeting of the Planning Board. James Marcou seconded the motion. The motion passed unanimously.
RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD; FOR COMPLETION.
SITE PLAN REVIEW – DOUCET FAMILY REVOCABLE TRUST OF 2005, C/O DAWN DOUCET (E5-03-16) FOR A LOG SORTING OPERATION AT PROPERTY LOCATED ON 14 JACQUELINE DRIVE IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
At this point in the meeting, it was announced that the Site Plan Review for Doucet Family Revocable Trust of 2005 would not be heard this evening. The applicant requested that his application be continued.
GPS PROPERTIES, INC. AND WAYNE & MARY BRACY PROPOSED LOT LINE ADJUSTMENT (#06-007) (C4-01-02 & 07) LOCATED ON OLDE MILL BROOK ROAD, BLACK BROOK ROAD, POWELL LANE AND NH RTE. 13 IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Kenneth Swayze presented a Status Report for the GPS Application. (attached) He stated the application was substantially complete.
Kenneth Swayze made a motion that the Dunbarton Planning Board accept the application from GPS Properties, Inc. and Wayne & Mary Bracy Proposed Lot Line Adjustment (#06-007) (C4-01-02 & 07) located on Olde Mill Brook Road, Black Brook Road, Powell Lane and NH Rte. 13 in the Low Density District in Dunbarton, NH and start deliberations this evening. James Marcou seconded the motion. The motion passed unanimously.
Gregg Scarlet, applicant, appeared before the Board. It was noted for the record that his Surveyor Mike Dalberg was unable to attend because of illness in his family.
Gregg Scarlet presented a plan showing the proposed Lot Line Adjustment. Mr. Scarlet will be deeding Wayne Bracy a little over 2.5 acres of land to be annexed to the non-conforming Bracy parcel across the street from the Bracy’s home in return for the right to put in an underground electrical and telephone line for one lot. Mr. Scarlet has agreed that there will be no further development on Olde Mill Brook Road as long as the Bracy’s live there.
In addition, Mr. Scarlet will move the lot line allowing for him to create a nominal five acre lot (5.8 acre) and leaving the remaining 80 acre lot. (He originally subdivided to create a 41 acre lot.)
Gregg Scarlet stated that the Selectmen had stated that he would only be allowed one access from Olde Mill Brook Road. Any further access would have to come through Powell Lane, or the roadway substantially improved.
It was noted that by doing this, the existing non-conforming lot (Bracy) would become more conforming by enlarging it. Presently, the non-conforming lot does not have the required 300 feet frontage on a Class V road.
Mr. Scarlet’s five acre lot will have 300 feet of frontage on Black Brook Road but will be accessed via Olde Mill Brook Road.
Mr. Scarlet stated that by adding acreage to Mr. Bracy’s lot, it will allow for the well radius and the 50 foot setbacks (which he will agree to). It would make the existing non-conforming lot larger and more conforming.
Board will schedule a Site Walk and look at the Test Pits.
Abutters were read as follows and noted all had been notified by Certified Mail:
Wayne/Mary Bracy – Present. Mr. Bracy stated that Gregg Scarlet and I have come to an understanding. He needs to bring in power. He is going to build a house with a private easement to bring in electricity and telephone lines underground across my property in return for acreage to be added to my non-conforming lot. He has agreed to do no further development unless he purchases my entire property, etc. This will be in his deed and my deed.
At this point, the Dunbarton Planning Board noted that this is a private arrangement between Bracy and Scarlet and the Planning Board has no part in it. Mr. Bracy stated he will be deeding the lot which will be increased in size to his daughter.
Mr. Bracy also stated the Town is in error by never posting the road to the speed limit. He stated he was told by the Selectmen that they would put a speed limit sign on the road. The speed limit needs to be enforced. Also stated that they are presently doing logging up there and they are putting in another log landing zone.