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DUNBARTON PLANNING BOARD

WEDNESDAY, JULY 19, 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

James Marcou

Michael Poirier

Meeting Posting:

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, June 21, 2006

MOTION:

Kenneth Swayze made a motion that the minutes from the previous meeting of Wednesday, June 21, 2006 be approved 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 reported on the Johnson Hill Proposed PRD and presented a Status Report which included many attachments. (attached)

Attachments as follows:

1.  Letter from Central New Hampshire Regional Planning Commission dated June 27, 2006

2.  Letter from City of Concord Planning Board dated June 30, 2006

3.  Copy of letter from the Dunbarton Conservation Commission to the New Hampshire Wetlands Bureau dated July 6, 2006 regarding the Dredge & Fill Application

4.  Letter from New Hampshire Department of Environmental Services dated June 22, 2006 regarding an inspection of the property.

5.  Copy of letter from Timothy R. Golde to Bill Klubben, Planning & Economic Development, Town of Bow enclosing the drainage reports, etc.

6.  Copy of letter from Bill Klubben to Kenneth Swayze dated July 19, 2006

7. Copy of letter from Donald F. Mayo, Town Engineer, dated July 17, 2006

The Board noted there had not been sufficient time to review all the documents, including review or any expected response from the applicant..

The only abutters present were as follows:

Frank and Pat Welin – Mr. Welin stated that all the information submitted this evening would have to be studied. Mr. Welin stated he had a concern about the Wetland Delineation. He felt there was more of a wetlands impact than is shown on the application. They are saying the impact area is 18,000 square feet. This is the same as previously stated. The Wetlands Area is now just out beside my house. There is an impact from what is already been out there and then you are building a road and got to impact along with the Fire Pond. What they are asking for is BS. I feel it is double that. If it gets approved, I would like to see the entire road built first. On June 16, DES did an inspection. The Conservation Commission has written a letter to the State.

Attorney Carley McWhirk was also present representing Juneau Development, Lahajji Development and Zid-R-Zee Development.

The Planning Board asked Attorney McWhirk if there had been any discussion on the road or right of way to the Zid-R-Zee Property. She stated no, not at this time.

Other Members of the Public:

John Trottier stated that speaking as one member of a seven member Zoning Board of Adjustment, he would refer to Page 3, Item 5 of the Status Report and stating that it would behoove the applicants to come back to the Zoning Board to discuss these items. The way it was presented to the Zoning Board was that it was the same as was previously granted. The applicants have to come back to the Zoning Board for a resolution.

Tim Golde, Golde Planning and Design, stated they have never had any object to coming back to the Zoning Board once we know what the issues are. Clearly, if this Board is allowing a 40 foot side set back, and the Zoning approval was for 50 feet setback, this should be resolved.

Tim Golde stated that with regard to the distribution of land for the purposes of number of allowed lots, this is a computer analysis, etc. We can go through the acreages with the Board. Originally, Mr. Hill wanted to pursue saving the trout pond area. We have since determined that this area will have to be included in the Open Space for calculation. Wetlands Mitigation has not been discussed. Either the Mitigation Lands set aside will be approved or not. We will have to wait and see.

Kenneth Swayze noted that we should try to work the theories out. Mr. Golde agreed.

Michael Poirier stated that Item 5, a & b should be worked out to determine what the final plan should show.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the Jerelyn Rose Hill Johnson Revocable Trust Proposed PRD Subdivision until the next regularly scheduled meeting to be held in August. Michael Poirier seconded the motion. The motion passed unanimously.

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 on the GPS Properties, Inc./Wayne & Mary Bracy Proposed Lot Line Adjustment. (attached)

Kenneth Swayze stated that no new plans or information were received by the deadline date of July 3, 2006, therefore there has been no review by the Planning Board.

Michael Dalberg stated that he had in fact submitted plans, etc. and that Ken Swayze had reviewed them.

Ken Swayze disagreed with Mr. Dalberg. Kenneth Swayze stated that at the June Planning Board Meeting, Gregg Scarlet, the applicant had been present and was informed by the Planning Board to take very good notes as to what additions would be needed on the plan. Gregg Scarlet was to inform Michael Dalberg, Surveyor, of the suggested changes.

The Planning Board noted that the plans that Mr. Dalberg presented them this evening were dated July 10, 2006. This was well beyond the deadline of July 3, 2006.

Brian Nordle stated that by looking at the dates on the plan, the plans were not received by the deadline. The Planning Board is pretty adamant about getting plans, etc. in by the deadline. These were obviously not submitted in time for review. It would not be fair to other applicants if we accepted these which were submitted late. The Planning Board is trying to get the information prior to the meeting.

Site Walk: James Marcou reported that both he and David Breault had gone on the Site Walk on July 8, 2006. We did advise all present that this is a mutual agreement between GPS and Bracy and the Planning Board holds no responsibility if the deal goes “bust”. The plan is adding a little bit of land to an existing non-conforming lot, thus making it a better lot, etc.

New Comments from the Board:

By granting this, the Planning Board is allowing a non-conforming lot (the lot is already a non-conforming lot and has been a separate lot for over 100 years). Because of this, it will not require DES approval.

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board continue the Public Hearing for the request for GPS Properties, Inc./Wayne & Mary Bracy until the next regularly scheduled meeting in August. Michael Poirier seconded the motion. The motion passed unanimously.

OLD BUSINESS: NONE

NEW BUSINESS:

RECEIPT AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD; FOR COMPLETION.

SITE PLAN REVIEW FOR A REQUEST FROM PAUL AND TRINA HUSSEY (ALISON VALLIERES PROPERTY) FOR A ONE STORY 1450 SQUARE FOOT COMMERCIAL BUILDING WHICH WILL HOUSE A HAIR SALON/BARBER SHOP AND TWO (2) PROFESSIONAL OFFICE SPACES AT PROPERTY LOCATED ON DEVIL STEPS ROAD AND ROUTE 13 (CLINTON STREET) (TAX MAP # I3-2-2) IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

At this point in the meeting, Alison Vallieres stepped down from the Board.

James Marcou questioned the Board as to whether they felt Alison Vallieres should continue to take the minutes for the meeting as she was one of the applicants, etc.

After discussion, the Board agreed that Alison Vallieres would be able to continue to take the minutes for the meeting without prejudice.

John Trottier, Chairman, Dunbarton Zoning Board, stated that Alison Vallieres had sat at the table for the Zoning Board and continued to take the minutes at their last meeting.

Kenneth Swayze presented a Status Report on the application. (attached)

MOTION:

Kenneth Swayze made a motion that the Dunbarton Planning Board accept the Application for Site Plan Review from the Alison Vallieres Trust, Paul and Trina Hussey, for a proposed commercial Site Plan Review for a 1,450 square foot business building to house a hair salon and two (2) professional office spaces located on Devils Step Road and Route 13 (Clinton Street) in the Low Density (5 acre) District and the Application is substantially complete. Michael Poirier seconded the motion. The motion passed unanimously.

Paul and Trina Hussey, applicants, were present.

Jacques Belanger, Surveyor, presented the proposed Site Plan. He stated it was located between Old Route 13 and Route 13 and consisted of two professional rental offices of 330 square feet each and approximately 700 square feet for the Beauty Salon. There will be 14 parking spaces of which one will be handicapped.

Jacques Belanger stated the Beauty Salon has proposed a two (2) seat salon with two small professional offices with limited occupants each. According to the Zoning Board Approval, there are limits on the operating hours.

There is a proposed detention pond on the east side of the lot to prevent any runoff to the Breault’s property. The lot is .59 acres.

The Zoning Board has given approval for the Proposed Use. (decision attached)

The Zoning Board has requested that the Breault’s dug well be tested prior to the start of any construction to establish a “baseline”. Future well tests are to be determined by the Health Officer.

Brian Nordle asked if the Fire Chief had been involved.

It was noted that the Fire Chief had been contacted and he had wanted two entrances, etc., one off of Route 13 (Clinton Street) and the other on Devil Steps Road.

Jacques Belanger, Surveyor, noted the building is small in comparison to a home. The building size is 60’ x 22’ and is smaller than most homes.

Jacques Belanger stated that because the Town of Dunbarton has no standard for numbers of parking spaces, they used the Town of Bow’s standards. We actually exceed the number of parking spaces according to Bow’s standards.

It was noted there is to be a fence plus vegetation planted along the easterly side of the building and parking area to shield the Breault’s property.

James Marcou asked if the blue lined parking spot shown on the plan was for handicapped parking? Will the applicant/building address all ADA requirements in their building plans?

The Board indicated that lighting had been a big issue for the Dunbarton Country Store. Based on this, the Board might consider requiring a lighting plan for the building.

At this point, Trina Hussey stated that the proposed lighting is smaller than for a normal house. We will be shutting off the lights when closed. The Dunbarton Country Store is required to leave the light on which is on the post, etc.

Trina Hussey stated yes, all ADA requirements will be met such as handicapped access and bathrooms. The blue lined parking spot is handicapped accessible.

Jacques Belanger stated that with regard to the Septic System, because there would be mostly waste from the Hair Salon, it might require “seeding” to get working bacteria into the system. In addition, it might have to be pumped more than a normal system. The NHDES does not have any problem with the proposed system.

Trina Hussey stated that she had spoken with several septic people. They have suggested “pre-treating” the septic system. They will flush the system out and put in septic discharge, etc. They have stated the system may have to be pumped out twice a year if there isn’t enough septic generated, etc.

Kenneth Swayze noted that we haven’t taken into account that there will also be two professional offices which will be on the septic system. They will be adding to the septic in a normal manner, which might create enough bacterial septic to keep the system “working”.

Kenneth Swayze suggested to the Board that because the Planning Board is currently contracting with New Hampshire Central Regional Planning Commission for updated Site Plan Review Regulations, he would suggest that we send this application to them for review, etc. In addition, he would suggest that Don Mayo, Town Engineer, review the plan.

Brian Nordle asked about the proposed sign and would it be lighted?

Trina Hussey stated the proposed sign will be 4’ x 6’ according to the Dunbarton Sign Ordinance and will only be illuminated with indirect lighting directing downward as required within the ordinance.

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

Steven/Paula Breault – Not Present

S&M Forest Trust – Not Present

Robert/Rhonda Barnard – Not Present