The meeting was called to order at 7:00 p.m. by Chairman Peter Hogan. Present were regular member James Nordstrom; and, ex-officio Dave Woodbury. Also present was Planning Coordinator Nicola Strong.
Present in the audience, for all or part of the meeting, were Brandy Mitroff, Paul Dugas, Paul Carideo, PE, Earney Mayo, Emile Bussiere, Ray Shea, Dave Elliott, Karen LaPointe and Ivan Byam.
CITAK, KRISTI Adjourned from 12/9/03
Submission of Application/Public Hearing
Non-Residential Site Plan Review/Beauty Salon Home Business
Location: 45 Woodbury Road
Tax Map/Lot #2/47
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. He stated that Kristi Citak had requested an adjournment of this hearing to February 24, 2004, in order to have her plans prepared.
James Nordstrom MOVED to adjourn the hearing for Kristi Citak, 45 Woodbury Road, Tax Map/Lot #2/47, to February 24, 2004 at 7:00 p.m. Dave Woodbury seconded the motion and it PASSED unanimously.
There being time before the next scheduled hearing, the Board moved on to Miscellaneous Business.
MISCELLANEOUS BUSINESS AND CORRESPONDENCE FOR THE MEETING OF JANUARY 6, 2004.
1. The minutes of December 9, 2003, were distributed for approval at the meeting of January 20, 2004, with or without changes.
2. Endorsement signatures required for the approval of the site plan for Michael and Joanne Tremblay, 194 Parker Road, for the Board's action.
The Chairman and Secretary endorsed the site plan for Mike Tremblay, 194 Parker Road, Tax Map/Lot #3/122, as the Coordinator indicated that all plan review items had been taken care of.
3. Letter dated January 6, 2004, from Emile Bussiere, Bussiere & Bussiere Profession Association, to the Board, re: Harvey Dupuis Family Trust, Carriage Road, for the Board's review and discussion.
The Board noted that the subdivision that this letter was referring to was scheduled at
MISCELLANEOUS BUSINESS, cont.
7:45 p.m. and this letter should be postponed until then.
4. Daily road inspection reports dated November 25, November 26, and December 1, 2, 3, and 5, 2003 from Dufresne-Henry, Inc., re: Waldorf Estates Phase III, for the Board's information.
The Coordinator noted for the Board's information that there was to be a status meeting to go over some issues with drainage on Thursday, January 8, 2004, at 9:30 a.m.
Dave Woodbury noted a recent issue with this subdivision in that No Trespassing signs had been posted just before the cul-de-sac on Foxberry Drive. The Coordinator noted that the inspector from Dufresne-Henry, Inc., had told Lou Maynard that the signs had to be moved. Dave Woodbury stated that the signs were still there and that the Selectmen were referring the matter to Town Counsel for review.
5. A letter dated December 24, 2003, from Kirk Dempster, 47 Briar Hill Road, to the Board, re: Rose Meadow Farm, 37 Briar Hill Road, was distributed for the Board's information.
6. An excerpt from the Weekly Market Bulletin, November 26, 2003, from NH Preservation Alliance, re: "How NH is Changing", was distributed for the Board's information.
7. Read File: 2003 court case updates from the NH Municipal Association.
8. Read File: Public Hearing Notice for January 20, 2004, from the Town of Dunbarton Zoning Board, re: construction and operation of a cell tower on 12 Powell Lane, for the Board's information.
VISTA ROAD, LLC Adjourned from 12/9/03
Submission of Application/Preliminary Hearing/Design Review
Major Subdivision/14 Lots
Location: Inkberry and Wilson Hill Roads
Tax Map/Lot #6/40-5
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present were Paul Dugas of Vista Road, LLC, and Paul Carideo, PE.
Paul Dugas distributed copies of the plans in 11" x 17" format for the Board. He noted that the road name Hutchinson Road had been accepted by the Board of Selectmen. He next noted that the exact distances from existing cisterns had been measured and noted on the plans. Paul Dugas pointed out that asterisks indicated the lots that would be sprinklered.
Paul Dugas noted that a site walk had been held on Saturday, December 20, 2003, and the
Board had not had many questions. He stated that those on-site had viewed the road location and
VISTA ROAD, LLC, cont.
driveway locations.
Paul Dugas noted that the other remaining issue from the last meeting was the driveway to Lot #13 that had been shown crossing Lot #14. He noted that he had a couple of scenarios to show the Board for that configuration.
The Chairman asked about the use of cisterns. Paul Dugas stated that the houses within the 2,200' truck travel of the existing cisterns would utilize the cisterns as the fire fighting water supply, while the houses outside the 2,200' would be sprinklered. Dave Woodbury asked about the saleability of sprinklered houses. Paul Dugas thought that home buyers would rather use the $6-7K on hardwood floors or a nicer kitchen.
Dave Woodbury pointed out that in the recent house fire on Inkberry Road, the entire cistern had been used to fight the fire and the house still burned down. The Chairman stated that, in his opinion, this subdivision would be better served from a safety standpoint by sprinklering all the houses. He reiterated that this was his opinion not the regulations but he thought it would make the situation better.
Paul Dugas stated that they would sprinkler all the houses.
Paul Dugas moved on to discuss the issue of the driveway to Lot #13. He presented two sketches to the Board. He noted that the driveway had originally been shown crossing Lot #14 via easement but the Board expressed their desire to see each driveway on the individual lot it served. The first option was to make the lot line go around the driveway. He noted this created an odd-shaped lot. The second option was to continue the lot line between Lots #13 and 14 further before turning it towards the road and kicking the driveway over a little. Paul Dugas noted that the first option meant that the driveway was at a 4% grade with a 2% platform.
Dave Woodbury stated that he preferred the zigzag lot line which provided longer frontage and a safer grade for the driveway. James Nordstrom asked if the intent was to construct the driveways during the road construction. Paul Dugas stated that it was their intent to construct the driveways along with the road to tie them into the slope easements. He noted that they were trying to learn from the problems that had arisen on Inkberry Road. James Nordstrom thought that the applicant had no choice but to construct some of the driveways with the road because of the grade and the cuts and fills. Paul Carideo, PE, noted that the road and driveways were all tied into the drainage system.
The Chairman agreed with Dave Woodbury that the line should be jogged and a 4% driveway constructed entirely on Lot #13. James Nordstrom also agreed with this design option.
Paul Dugas noted that the lots with double frontages now showed two 200' squares. He noted that one of the lots with double frontage could not fit two squares so the lot lines had been rearranged so that there was only one frontage. The Board noted that as long as the lots remained conforming to the area requirements that seemed to be the best solution to the problem.
Paul Dugas next noted that the Board had asked about future development plans for other lands owned by Vista Road, LLC, in the area. He noted that he would soon be submitting a plan for a Lot Line Adjustment between the Thompson property, Tax Map/Lot #6/35, and Vista Road, LLC, Tax Map/Lot #6/40-2. Paul Dugas noted that RJ Moreau Companies had purchased the Highland Hills Subdivision and their two companies had a good working relationship.
VISTA ROAD, LLC, cont.
Paul Dugas stated that a conceptual for future development might involve entering Tax Map/Lot #6/33 from the connector road in the Highland Hills subdivision, creating a loop road on Tax Map/Lot #6/33 and then heading across grade to Lot #6/35, onto Lot #6/40-2 and out to River Road. He noted that once topo and wetlands mapping had been done on Lot #6/33, he would know if it would be feasible to get down to the bottom of Wilson Hill Road. He noted that the existing conditions of Wilson Hill Road, for example, right-of-way width and sight distance at the intersection with River Road, could cause some problems with this concept.
Dave Woodbury stated that the intention was not necessarily to preserve Wilson Hill Road in its original location but to prevent a situation in which the only way out of a subdivision on Lot #6/33 was to bring people back up the hill and down Byam Road.
Paul Dugas stated that the most logical route would be to cut across slope and down to the Byam Farm lot, #6/40-2, which might alleviate Byam Road traffic to some degree. Dave Woodbury suggested that a traffic consultant should be approached prior to developing plans for these future subdivisions.
Paul Dugas did not think that the present 14 lot subdivision would require a traffic analysis, but noted that for the future developments they would probably use traffic engineer Steve Pernaw.
The Chairman agreed with Dave Woodbury that it only made sense to provide an outlet from these future subdivision to River Road to allow easier access to Goffstown. Paul Dugas stated that by spring the engineering would be done on their other lots and the Board would be able to see a traffic plan for the area.
Karen LaPointe, a Bedford Road resident, stated that she understood the need for access to River Road, but was concerned with how much additional traffic would be using Bedford Road. Paul Dugas explained that a traffic consultant would determine what percentage of traffic would go which way on the road network.
The Coordinator mentioned the issue with frontage that she had raised at the first hearing. She noted that because Inkberry Road was not yet accepted by the Town and Wilson Hill Road was Class VI, the pending subdivision of #6/40-5 did not appear to have frontage according to the requirements of the Zoning Ordinance. Dave Woodbury asked what the timetable for Inkberry Road completion was. Paul Dugas stated that the drainage and erosion control would be touched up in the spring. He contended that the project did have frontage. He stated that if the whole project was developed by one owner it could be bonded, in this case, however, it was not all bonded by the same corporation. Paul Dugas stated that if RJ Moreau Companies never improved
Wilson Hill Road then their new road would not be able to connect to it and they would not be able to get building permits. He noted that until binder pavement was placed on Wilson Hill Road they would not be able to get CO's for the lots that fronted on Wilson Hill Road.
The Coordinator thought that the Board would, in effect, be approving a cul-de-sac from Inkberry Road without some assurances as to how the Wilson Hill Road improvements would be dealt with. Paul Dugas stated that Wilson Hill Road was bonded and he was confident it would get completed. He noted that Vista Road, LLC, could do the work themselves. The Chairman
VISTA ROAD, LLC, cont.
noted that he would be concerned at what would happen if the Board approved Vista Road, LLC's plan contingent upon another company improving Wilson Hill Road and that company went bankrupt or for some other reason could not make those improvements. He stated that if Vista Road, LLC, wanted to subdivide off Wilson Hill Road, they should be responsible for the Wilson Hill Road improvements. Dave Woodbury agreed that Vista Road, LLC, would have to be responsible somehow for the improvements.
Paul Dugas stated that he would consult legal counsel to find out the best legal way to solve this issue. He stated that he would find out if there was a way for Vista Road, LLC, to piggyback on RJ Moreau's bond.
The Chairman noted that it was possible the Wilson Hill Road improvements would be all done before Vista Road, LLC, was ready to build their road, but the Board needed to be prepared for every eventuality. Paul Dugas stated that he understood the Board's concerns. James Nordstrom stated that Vista Road, LLC's proposed solution to the frontage issue would be sent to Town Counsel for review.
Dave Woodbury MOVED to adjourn the hearing for Vista Road, LLC, Inkberry and Wilson Hill Roads, Tax Map/Lot #6/40-5, to February 10, 2004 at 7:30 p.m. James Nordstrom seconded the motion and it PASSED unanimously.
HARVEY DUPUIS FAMILY TRUST Adjourned from 12/9/03
Submission of Application/Preliminary Hearing/Design Review
Major Subdivision/16 Lots
Location: Carriage Road
Tax Map/Lot #12/93, 93-19, 93-21 & 93-22
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present were Paul Carideo, PE, and Dave Elliott. Also present were Earney Mayo, Emile Bussiere, Ray Shea and Karen LaPointe.
Paul Carideo, PE, submitted revised plans. He noted that he had received the Coordinator's checklist review and had added multiple 200's squares where needed and had cleaned up some other minor errors.
Paul Carideo, PE, noted that the major stumbling block at the last meeting had been the idea that this next phase of the development appeared to be adding loop roads off loop roads. He noted that he had prepared a rough lot sketch for a proposed subdivision on Tax Map/Lot #15/15. Paul Carideo, PE, stated that his knowledge of the land, i.e. ledge, steep slopes and wetlands, led him to believe that the lots would probably have to be larger than two acre minimums. He pointed out that access had been provided to the property to the east and west. He noted that access to the west to Lot #12/96 may pose some difficulties because of a major wetland that ran north/south through the property. Paul Carideo, PE, noted that Emile Bussiere and Tom Riley had
been concerned to get access to their properties to the east and this plan provided that access.
Paul Carideo, PE, next noted that he would like to see "Harvey Lane", the short connector
HARVEY DUPUIS FAMILY TRUST, cont.
road, be a temporary measure. He noted that he had designed the project that way so as to avoid having two cul-de-sac roads, but noted that if the Board wanted, two temporary cul-de-sacs could be designed. He stated that he did not know when the next phase of the subdivision for Tax Map/Lot #15/15 would take place. Dave Elliott stated that he was present on behalf of Mitch Larochelle. He noted that his understanding was that as soon as the currently pending application was squared away, they would begin application for the next 100 acre parcel, Tax Map/Lot #15/15.
Dave Woodbury stated that the Board's concern was to know how the whole area would be developed so there was some coordination between the various landowners. Paul Carideo, PE, stated that Neil Smith of the Dupuis Family Trust had instructed him to show the accesses to the abutting land from the next phase of the Carriage Road subdivision. The Chairman asked if the abutting landowners were ready to be working on the same timetable as the Dupuis Family Trust. He was interested in how future access may be provided out to Bedford Road at Klondike Corner. Paul Carideo, PE, stated that a route across the abutting Bussiere land may provide access to Bedford Road. He noted that without knowing the topo he could not be sure what would be needed in terms
of cutting the area for sight distance, profiles, etc.
Emile Bussiere noted that he had met with Dupuis representatives and his position was that he was willing to work with everyone to get the right answers. Earney Mayo stated that he thought access would be provided as part of this phase of the Dupuis subdivision, but the plans presented at this meeting indicated that it would not be until the next phase. He stated that he and his partners wanted to be sure that the connections would be available to them. Emile Bussiere agreed, noting that the future was uncertain and he would rather be assured of the easement now than in a future phase. Dave Woodbury thought that the easements should be part of the current application, noting that otherwise neither the abutters nor the town would be assured of the
connections happening.
The Chairman instructed the applicant to work out the issue with the involved abutters. He noted that, as with the previous applicant, the Board wanted to see a strong conceptual plan for the proposed outlet roads. Paul Carideo, PE, stated that he would coordinate with Ray Shea and also the abutters on the west side of the property to see what they could come up with.
Ray Shea pointed out that one of Emile Bussiere's lots was zoned for a Manufactured Housing Park. Emile Bussiere stated that he had never requested that his property be so zoned and thought that it should be reviewed again. To his understanding, the Town had been told they had to have some MHP land when the rezoning took place in 1990 and his property was chosen. He noted that he was not married to having a mobile home park there.
Paul Carideo asked if the Board wanted him to do away with "Harvey Lane". The Chairman did not like the idea of two long parallel dead end roads any better. Dave Elliott stated that the connector road was a good safety feature for the town emergency services and maintenance crews.
Dave Woodbury MOVED to adjourn the hearing for Harvey Dupuis Family Trust,
Carriage Road, Tax Map/Lot #12/93, 12/93-19, 12/93-21 & 12/93-22, to February 10,
2004 at 8:00 p.m. James Nordstrom seconded the motion and it PASSED unanimously.
Public Hearing on Petition to amend the Zoning Ordinance.
SEE SEPARATE COPY OF PETITION AND PUBLIC NOTICE.
The Chairman read the public hearing notice. Ivan Byam was present in the audience.
Ivan Byam presented a plot map showing what he intended to do. He explained that his petition was to rezone 3 1/2 acres from Residential-Agricultural to Commercial. His intention was to operate a store for feed, grain, pet supplies and garden supplies. Ivan Byam stated that he had not done any surveying work yet but would probably have Sandford Surveying and Engineering lay it out.
Dave Woodbury stated that his concern was that the exact location of the portion of land in question was not shown on the ground. He wondered how the voters could vote on the question without the lines being drawn. Ivan Byam pointed out that he was approaching this in the same way that Craig Heafield took two acres of Commercial from his large lot and changed it to R-A a year or two ago.
The Coordinator stated that, to her knowledge, there was no statutory requirement for the petitioner to have plans drawn showing the layout of the lot. She noted that the description indicated that the portion to be rezoned Commercial was 3 1/2 acres and gave a frontage distance so that when Ivan Byam came before the Board to subdivide the land he would have to abide by those stipulations. She further noted that, in fact, there was no legal mandate for the land to be subdivided once rezoned unless, as would be the case here, two principal uses would end up on one lot which the Zoning Ordinance would not permit.
Ivan Byam stated that should the petition be voted in he would be in within a year with a subdivision application. He explained that the land he was talking about had been previously transferred between Lots #6/40-3 & 6/40-1 on a number of occasions. He stated that he was sure of where three of the lot lines would be, but the rear line would need to be moved to where the lot would come out with 3 1/2 acres.
The Chairman pointed out that the agricultural use was permitted in the R-A district and, in his opinion, Ivan Byam's description of his intent seemed to fit within an agricultural definition. Ivan Byam stated that he would prefer his operation to be on Commercial land, noting that he would be bringing in the feed and did not want to run foul of the definition. He also noted that at some point in the future he may be interested in building an extra end off the building perhaps for a veterinarian or accountant's office.
Dave Woodbury stated that he was interested in the use proposed by Ivan Byam for this year and wanted to discuss other uses in the area and whether or not this proposal could be considered spot zoning or the beginning of a solid nucleus of commercial. He noted that the parcel of land directly across Byam Road from this site was zoned Industrial and there was a large Commercial piece currently owned by Thibeault and being used as a gravel pit. He noted that, with this in mind, he had no strong problem with the portion petitioned by Ivan Byam being Commercial.
Ivan Byam stated that he wanted to discuss leaving the parcel as agricultural. He asked if in the future he would be able to expand into pool supplies, for example, or to rent an office. The Coordinator stated those would be uses that would require him to be in a Commercial District.
PETITIONED ZONING AMENDMENT, cont.
Ivan Byam showed the Board a picture of what he would like his building to look like, in a barn style. The Coordinator noted that the Board should consider such things as the local transportation network, neighboring zoning, all the possible commercial uses that could take place on the property and so on when deciding whether or not to vote in favor of the petition being placed on the ballot. She pointed out that while Ivan Byam's proposal might seem to fit well in the neighborhood and the design of his preferred building may be in keeping, there was no telling what could happen between now and his being ready to build and the land could be available for any commercial use listed in the Zoning Ordinance that may not be quite as aesthetically pleasing.
The Chairman noted that if the parcel was not voted Commercial, the use proposed by Ivan Byam could probably still take place there as agricultural. He thought the site good for Commercial, but was concerned about the other potential uses than a feed and grain store that could take place there.
It was noted that the Board would expect Ivan Byam to come before them to subdivide the lot as he had described at this meeting if the petition passed. Ivan Byam agreed.
Dave Woodbury MOVED to designate the Planning Board as being in favor of Ivan Byam's proposed article presented by petition received 11/26/03 to rezone portions of Tax Map/Lot #6/40-1 and 6/40-3 from Residential-Agricultural to Commercial and to place the article on the ballot. James Nordstrom seconded the motion and it PASSED unanimously.
Public Hearing on Amendments to the Zoning Ordinance proposed by the Planning Board
SEE SEPARATE COPY OF AMENDMENTS AND PUBLIC NOTICE.
Public Hearing on Amendments to the Building Code proposed by the Planning Board
SEE SEPARATE COPY OF AMENDMENTS AND PUBLIC NOTICE.
The Chairman noted that the Board had not yet heard from Bill Drescher, Esq., and suggested the Board may want to adjourn to the next meeting to discuss these proposed amendments.
Dave Woodbury MOVED to adjourn the public hearings to discuss the Planning Board's proposed amendments to the Zoning Ordinance and Building Code to January 20, 2004, starting at 8:30 p.m. James Nordstrom seconded the motion and it PASSED unanimously.
At 9:15 p.m., James Nordstrom MOVED to adjourn. Dave Woodbury seconded the motion and it PASSED unanimously.
Respectfully submitted, Nicola Strong, Planning Coordinator Minutes approved:
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