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DUNBARTON PLANNING BOARD

WEDNESDAY, JANUARY 5, 2011

DUNBARTON COMMUNITY CENTER – 7:00 P.M.

PUBLIC HEARING ON ZONING AMENDMENT TO ESTABLISH A WORKFORCE HOUSING ORDINANCE

The Dunbarton Planning Board held a Public Hearing at the above time, date and place with Chairman Ken Swayze presiding. The following members were present:

Kenneth Swayze, Chairman

Terry Swain, Co-Chairman

Alison Vallieres, Secretary

Michael Poirier

George Holt

Michael Guiney, Alternate

Other Town Officials:

Ron Wanner, Selectman

Barbara McCann, Planning and Zoning

Fred Mullen, Moderator

Linda Peters, Town Clerk

Darlene Leone, Deputy Town Clerk

John Trottier, Chairman, Zoning Board of Adjustment

Wayne Bracey, Zoning Board of Adjustment

Mike Kaminski, Zoning Board of Adjustment

J. R. Hoell, State Representative

Tim Terragni, Board of Assessors

Others:

Matt Monahan, New Hampshire Central Regional Planning Commission

There were approximately 60 people in attendance.

Ken Swayze, Chairman, Dunbarton Planning Board, opened the Public Hearing at 7:00 p.m.

Ken Swayze, Chairman, introduced the Planning Board members and stated that there was a lot of experience on the Planning Board with a total of many years of service. He stated the Planning Board had worked on the proposed Workforce Housing ordinance for over a year. He stated that we had help from Matt Monahan, from the Central New Hampshire Regional Planning Commission in developing this ordinance. This did not cost the Town of Dunbarton any money because it was paid through a Grant ($10,000) through the Central New Hampshire Regional Planning Commission under CTAP monies which are directly related to the expansion of Route 93. Dunbarton is considered to be in the zoning overflow from the expansion of Route 93. Matt will be explaining how we got to this point.

Ken Swayze, Chairman, verified with the Secretary that the meeting had been posted according to the RSA as follows:

Alison Vallieres, Secretary, stated that the Public Notice had been posted in three public places throughout the Town i.e. the Town Office on the outside bulletin board, the Town Office on the inside bulletin board in the entry way, and the Pages Corner Country Store. In addition, the Public Notice had been advertised in the Concord Monitor and the Manchester Union Leader for one day. The Public Notice was also on the Dunbarton Web Site. She stated that additionally, the Planning Board had decided to send out almost 1100 postcards to all residents of the town notifying them of this Public Hearing because they felt it was very important to get the word out to all residents, etc.

Ken Swayze, Chairman, read the Public Notice as follows:

A public hearing will be held at the Dunbarton Community Center on the 5th day of January, 2011 at 7 PM on a proposed revision to the Dunbarton Zoning Ordinance. The Dunbarton Community Center is located at the Dunbarton Elementary School at 20 Robert Rogers Road. The revision was prepared by the Dunbarton Planning Board. The effect of the proposed amendment would be to:

Establish a “Workforce Housing Ordinance” under the authority of RSA 674:21, and is intended as an “Inclusionary Zoning” provision as defined in RSA 674:21(I)(k) and 674:21(IV)(a), as well as RSA 672:1, III-e. It would define the boundaries of a Workforce Housing Overlay District as town-wide overlay and provide density bonuses and permit uses consistent with the encouragement of the development of workforce housing as stipulated in the aforementioned RSAs but within the guidelines of the Town’s Zoning Ordinance as amended.

The intent of this article is to comply with RSA 674:58, as amended, which requires that New Hampshire communities provide a “reasonable and realistic” opportunity for workforce housing.

Copies of the zoning amendment are available at Town Hall.

At this point in the Public Hearing, Ken Swayze, Chairman, turned the meeting over to Matt Monahan to explain the proposed ordinance and how we got to this point. He noted that residents would be allowed to speak and ask questions after, during the Public Hearing portion of the meeting.

Matt Monahan explained the Proposed Ordinance as follows: Stated there were three key points:

1. Background of the situation and why it is necessary

2. Key points

3. Highlights of the proposed ordinance.

Background:

Stated that in 1990, the Town of Chester was sued for having exclusionary zoning. Since that time, the Legislature has been working to get this RSA on the books. The Legislature passed amendments to Chapter 674which basically states that all Towns in New Hampshire must provide the opportunity to developers, etc. for Workforce Housing. This is why we are here.

Keypoints:

Towns in New Hampshire should adopt some sort of Workforce Housing Ordinance or a developer can take the Town to Court and the judge will decide what will be allowed for Workforce Housing instead of the Town. We have developed this ordinance to prevent this type of solution. It is better for the Town of Dunbarton to have something in place than have the courts decide. This is referred to as the "builder's remedy" if a Town is not in compliance with the law. All towns need to provide an opportunity for all types of housing in the Town's various zones. Dunbarton is zoned town wide as Rural Residential and we therefore need to provide for Workforce Housing in 51% of the Town.

Terry Swain, Co-Chairman, suggested the public look at Table I on page 8 of the proposed Ordinance. It was noted that on parcels up to 8.5 acres the underlying Zoning Density shall apply. It is not until a parcel is over 8.5 acres that reduced acreage can be applied.

Five acre zoning is not conducive to Workforce Housing, therefore the acreages need to be reduced to allow Workforce Housing. It is impossible to meet the criteria on a five acre lot. The Planning Board has decided to allow Workforce Housing with reduced acreage on lots over 8.5 acres.

A sheet was distributed at the door regarding 2010 Workforce Housing Purchase and Rent Limits, RSA 674:58 - 61. (attached) It was noted that Dunbarton falls within Merrimack County and the Income requirements are less than $76,700 and a house at a cost of $238,000. In order to qualify for Workforce Housing, housing costs must not be more than one-third of income. This is the same criteria that Mortgage companies use for qualifying for mortgages, etc. In Dunbarton, the average cost of a house is $260,000 which is $20,000 over the criteria.

Ordinance:

1. When Dunbarton meets its "fair share" of affordable housing, this ordinance will not be in effect.

2. Matt stated that DOT issues driveway permits. Cannot exceed driveway permits from what was originally granted by DOT on lots in 1970.

3. Conditional Use Permits can be granted. They will still be going through the Site Plan Review process and/or subdivision process.

4. Single family homes will be allowed under Workforce Housing town wide according to the underlying zoning district on lots under 8.5 acres. On lots over 8.5 acres, density reductions can occur. We need to meet our 51% requirement by various means.

5. Apartments are going to be where they are currently zoned for. Only on Route 13 and Route 77.

6. Density for Workforce Housing for apartments will change on Route 13 and 77 on lots over 8.5 acres.

7. At this point, you can't build Workforce Housing in the majority of Town. We are trying to rectify this. We need to give a little bit. This is what we are trying to do.

8. This ordinance will encourage cluster development, which will be shorter town roads, etc. Roads could be somewhat narrower than presently allowed in our regulations specifically for Workforce Housing.

9. It appears that Workforce Housing can be tracked by the New Hampshire Housing Financing Authority at no cost to the Town.

10. There will be a little "give and take" on the Board's part.

11. Have adjusted the number of allowed units per building from four (4) to five (5) because this is required within the statute.

Density Incentatives:

1. Developer will submit a proposal for a parent tract of at least 8.5 acres or more. If it is ten acres, he would be allowed up to five units on the 10 acres. Density is not to exceed 20 units no matter how large the lot is. The formula is two acres per unit on lots of 8.5 acres and over. If there is community water and sewer, the formula is reduced to 1.5 acres per unit.

2. All units that are created under this ordinance must remain affordable. The developer/owner has to report and show that it meets the 1/3 requirement, etc. In addition there also are deed restrictions on the property and they can't be sold above a certain value.

Effect of Ordinance:

1. Workforce Housing apartments will only be allowed on Route 13 and Route 77. Will be measured to make sure Dunbarton provides 51%. This is our requirement. This doesn't mean every lot inTown. It will apply to some lots and not others.

At this point in the meeting, Ken Swayze, Chairman, stated the following:

1. This is required by law for us to do.

2. The whole town is not affected.

3. Town is not affected once we meet our fair share.

4. Other surrounding towns such as Goffstown, Concord, Allenstown already meet their fair share.

5. By allowing Workforce Housing on lots of 8.5 acres and over, we are making available the opportunity to have Workforce Housing with reduced densities.

6. We are not required to have 51% available for apartments. We are not required to have apartments, but we are required to allow workforce housing apartments.

Matt Monahan stated that the Town of Hooksett has been sued for not providing for Workforce Housing opportunities according to the developer.

Stated that compared to other towns, Dunbarton is allowing a lot of space. This is the most conservative ordinance of any other town. This will maintain the rural character of this town.

Terry Swain stated this is middle class New Hampshire Housing. We are not going to be bringing in Section 8 Housing. It is all the general workforce. These are working people such as teachers, nurses, mechanics, etc. , and others whose income meets the criteria. We are trying to satisfy the law. It is not low income. I think this board has worked very hard on this proposed ordinance.

George Holt stated that if someone decides to do Workforce Housing, they have to track and maintain annual records as well as when they sell, there is a restriction on the price which they can sell the property for. There are a lot of strings attached to this program. Any developer has to do a lot of paperwork.

These people are going where the jobs are. We need to make sure we are covered from a legal standpoint. We are going to make these affordable. We don't need the court telling us what to do. Some local control is better than none.

At this point in the meeting, Ken Swayze, Chairman, announced that the public would be given the opportunity to ask questions. He would like all to state their name and address for the record.

Questions from the Public:

Jeff Williams Montalona Road - Asked where the figure of $240,000 came from.

Matt Monahan stated that this is a figure developed for Merrimack County which Dunbarton is in. Anyone purchasing a Workforce Housing home must meet the qualifications of no more than 1/3 of their income devoted to housing expenses. This is the same as mortgage companies.

Steven Pope, Flintlock Farm Road - Asked what the definition of Workforce Housing was. Can this be just a backroom apartment? What are the requirements?

Answer - Workforce Housing must adhere to the same building code as other homes. Workforce Housing consists of two bedrooms and a separate bath, etc. In-law apartments are not considered Workforce Housing but they can contribute to our fair share. The Planning Board can grant conditional use permits. You have to allow children. Senior Housing does not qualify for Workforce Housing.

Fred Mullen, Stark Lane - We are a rural town and do not have a public water supply. How does a developer apply for the 1.5 per acre which includes public water and septic?

Answer - The Board took that into account. Until a developer can provide a public water system, they can't put in more units than the allocated two acres per unit. We don't have public utilities. In Goffstown,you can put in 32 units on a few acres because they have community water and sewage. Dunbarton does not.

In addition, Page 10 of the proposed ordinance , XII. Relationship to other ordinances and regulations states as follows:

"No portion of this ordinance shall nullify the provisions of any other town ordinance provisions which relate to environmental protection, water supply, sanitary disposal, traffic safety, and fire and life safety protection."

Developers will be looking for communities with water and sewer because they are looking for the density.

Ken Swayze, Chairman, stated that at the Golf Course proposed development, Jon Wiggin, Fire Chief, stated that you could not put the units too close. You can't put them 25' apart. You need to be able to get a fire truck in between the buildings, etc. The developers have to work within the life safety code.

Fred Mullen asked what happens when my well goes dry after a Workforce Housing project has put in several wells adjacent to my property?

Terry Swain stated that if the applicant has his proposal and he wants to build a public water supply, he is going to have to drill several test wells. He will have to show that there is no effect on surrounding wells, etc. Ten homes constitute a public water system and have to go through the State. In addition, there are increased buffer distances, some up to 300' for multi family. The definition of a Community Water System is on Page 6 of the Ordinance.

Denis Beaulieau, Barnard Hill Road - Stated that a building lot is between $100,000 and $165,000. If the land in Dunbarton is that expensive, who is going to be able to build a house for $240,000?

Michael Poirier stated that if a developer could purchase a 8.5 acre parcel for $100,000, he would be able to build four Workforce Houses on it and would be able to probably build a house for $240,000. It is also expensive to build private driveways. Would probably have combined/shared driveways for Workforce Housing.

It was noted that land is expensive and developers are going to raise this point. That is how these matters end up in court.

Jason Dubrow, Kimball Pond Road. - Stated that it says 10% of these have to be affordable. What if the Town is being held accountable is that case?

The Board noted that 51% of the Town has to be available for Workforce Housing according to the law. Hooksett was not in compliance.

Jason Debrow asked what the "Fair Share" is? What is the actual number?

Ken Swayze, Chairman, stated the Planning Board has asked this question repeatedly. It is going to be an elusive figure. According to the statistics, if there is a need, and there aren't any opportunities, you have not met your "Fair Share".

Rick Smith, Morse Road - If this is passed, is the town okay?

It was noted that we believe we are in the correct range. We probably need a minimum of 50 or more Workforce Housing units at this point.

Ken Swayze, Chairman, stated that if the developer wants to build reasonable Workforce Housing and can't, it becomes a court decision.

Matt Monahan stated we are trying to get an ordinance in place and wait and see what happens. The Town is not responsible for making sure that the Workforce Housing gets built. By allowing the developer to cluster, we are allowing Workforce Housing, etc.

Heidi Pope, Flintlock Farm Road - Asked how long will the buildings have to be maintained through these records.

Matt Monahan stated they would have to remain Workforce Housing for 20 years. [The Dunbarton Planning

Board does not concur with this position statement; and it is not reflected in the proposed ordinance.]

James Cotter, Jewett Road - Stated he was more worried about the person who would purchase a parcel of land for $50,000 on an eighth of an acre and put a mobile home on it.

Answer - It was pointed out by the Planning Board that this was allowed right now. There is a state law that allows this. You cannot restrict it. If someone has a single lot, you can't prohibit them in putting in a trailer. But keeping in mind that adds to the count for Workforce Housing. The average person can't do that because he can't afford the $50,000 for the lot, etc. unless they inherited it, etc.

J. R. Hoell, Ordway Road - Stated he was a State Representative. Asked if there were any State guidelines that impact the location of wells and setbacks.

Answer - It was stated that yes, there is a well radius of 75' and septic setback of 50 feet in Dunbarton. The State setback for septic systems is 10'. We are allowing for large buffers for septic systems and wells. It was also noted that certain other towns had very exclusionary ordinances and were trying to keep certain people out.