Planning Board Minutes
August 5, 2003
Chairman Mike Ouellet called the meeting to order approximately at 7 pm. Board members present were Steve Garceau, alternates Sandra Riendeau and Joe Ippolito and Selectman Larry Rappaport. Mike asked Joe to sit in for Kevin McKinnon and Sandy to sit in for Edward Carrier.
Others present were Mike Bouchard, Phil Dauphinanis, Ralph Lynch, Rick Nadig, James Jeffers, Sandra and Robert Ferrini, Clay Hinds, Jon Cowan, Steve Colby, Wayne Brown, William Ducharme, Harold Davis, Owen Leighton, Edward Nash and Sheila Beauchemin.
Driveway Permits:
Jeffrey A. Young – Driveway access road to his property located on the corner of A. Forbes Road and Reed Road (R3 Lot 29-1). Public Works Director Kevin McKinnon had viewed the site and found 400’ feet line of sight in both directions. He did recommend that a twelve-inch, 20’ culvert be installed. Larry Rappaport made a motion that the permit be approved with the public work director’s recommendations. Steve Garceau seconded and all present agreed. APPROVED - #2003-83
Building Permit:
Ralph Lynch – Permission to extend the permit issued in August 2002. The permit allowed him to place a 14’ x 70’ mobile home on his property to live in while tearing down his existing home. He explained that the razing of the older structure had not been completed yet. Steve Garceau made a motion to extend the permit for one year; Sandra Riendeau seconded and all present agreed. EXTENDED TO AUGUST 2004
James Gadwah – Mr. Gadwah’s was asked to appear before the board to discuss his application to place a 10’ x 12’ shed on his property on Polly’s Place. The application had been tabled in July due to concern regarding the boundary-line set back-up. The application had indicated the shed would be placed twenty feet from the front boundary line; however, upon review, it was found the shed (already built) was actually sitting only six feet from the pavement.
Mr. Gadwah stated that he would only be able to move the shed back a total of thirteen feet due to the landscape of the property. He also indicated that by moving the shed back to a total distance of thirteen feet from the front line, the new structure would be in line with the residence on the property.
The Zoning Ordinances for the Town of Colebrook state that every structure placed on a lot shall be at least twenty (20) feet from the front property line and at least ten (10) feet from the side and rear property lines (Article IV.1). Therefore, the Planning Board had no option but to deny this permit. Mr. Gadwah was advised that he had the right to appeal the determination to the Colebrook Zoning Board of Adjustment. Board members agreed that, if he agreed to move the structure back the total of thirteen feet to put it in line with his residence, the Planning Board would recommend to the Zoning Board of Adjustments that a variance be granted. DENIED
Sarah Ducharme - 14’ x 24’ camp with port-a-potty to be placed on her property on Green Mountain Drive (R12 Lot 89 – subdivision Lot #4). This permit replaces the one issued in 2002 to build a 16’ x 32’ camp. Her father, William Ducharme, presented the application. He was advised that the portable toilet would need to be serviced by a licensed septic pumper. He needed to understand that the Board reserves the right to ask to see the pumping receipts to ascertain pumping is being done on a timely basis. Mr. Ducharme was also advised that should running water ever be put into this building, he would need to comply with state and federal guidelines for a septic system. Larry Rappaport made a motion to approve the permit on the condition that no running water be put into the
structure and that receipts be received on a timely basis. Steve Garceau seconded and all present agreed. APPROVED - #2003-81
Site Plan Public Hearing:
Michael Bouchard – Chairman Mike Ouellet opened the public hearing by reading the site plan paperwork presented by Mr. Bouchard at the preliminary meeting. This paperwork indicated that the purpose of the site plan is to create rental slots for the resale of pre-owned items. It was indicated that the lot will be divided into the following five sections, with adequate room for any particular item:
automobiles,
RV’s, campers,
construction equipment,
snowmobiles, ATV’s, boats, motorcycles
miscellaneous (trailers, etc)
The site plan further indicated that items placed on the lot will be in good running condition with no major repairs needed. The following restrictions will be followed: no broken glass; no oil leaks; no major rust; items with upholstery must have no substantial rips or tear; no missing parts; items must be clean inside and out; items with tires must have good rubber left on them.
Mr. Bouchard stated that this would not be a salvage yard, but a place for items in good condition to be displayed for resale. He indicated that the rental of the slots will be on a weekly basis with only one item per slot. A uniform “For Sale” card will be displayed on the item with the owner’s name, contact phone number and pertinent information about the item. No parts or scrap metal will be allowed on site.
Chairman Ouellet indicated that a fax had been received from abutter Bonnie Buhay. She indicated that she was trying to sell her house across from Michael Bouchard’s property and she strongly objected to the site plan unless the following steps were taken:
8’ high fence along the entire road side of Bouchard’s property. Fence will be chain link and covered with wood.
Fence to be located 38’ in from the outside edge of the tar.
(Unreadable on fax copy)
Appraisal will be done on my property and surrounding neighbors at Bouchard’s expense.
A security bond in the amount of $30,000.00 to secure that all the above is done appropriately and in a timely manner.
Mrs. Buhay indicated that she could not be at the meeting but gave her brother, Edward Nash, permission to speak on her behalf.
Joe Ippolito asked if Mr. Nash had anything to add. Mr. Nash indicated that his sister was trying to sell her home and had concerns.
Larry Rappaport asked if any other abutters were present. Robert Ferrini stated that he was not an abutter, but his residence sat on the hill on South Main Street and overlooked Mr. Bouchard’s property. He further commented that he would hat to see this lot overgrown with trees growing up amongst the vehicles. He asked if the lot would be mowed and/or black top put down. Mike Bouchard responded that he would be mowing the lot on a regular schedule. He currently has no plans to put black top down as he did not wish to have the area look like a large parking lot.
Chairman Ouellet asked if anyone else had any questions. He, himself, asked how long the items would be allowed to remain there for sale. Mr. Bouchard indicated that items not sold within two months would have to be removed. He also stated this would allow him to mow where the item sat.
Mike Ouellet asked if anyone in the audience or board members had any other concerns. Joe Ippolito stated that he could recognize what Mr. Bouchard was trying to do. He remarked that any project completed by Mr. Bouchard in the past had not been detrimental to the town and that anything asked of Mr. Bouchard had been done.
Once again, Mike asked if there were any further comments from anyone present. Hearing none, he asked for the wish of the Board, instructing them to be very clear if they wished to include any suggestions or requests received from Mrs. Buhay. Larry Rappaport made a motion to approve the site plan as present, with no conditions. Joe Ippolito seconded the motion and all present agreed. APPROVED
Mr. Bouchard had left the meeting and the Board was continuing with the next issue when Mr. Nash stood and asked if the plan had been approved. When Mr. Ouellet responded in the affirmative, Mr. Nash remarked “that is all there is? No restrictions? And with all I had to do. This isn’t the end of it. Be contacting your lawyer.” Mr. Nash then left the room.
Preliminary Subdivision Hearing:
Clay and Michelle Hinds – Surveyor Jon Cowan presented the plan for a three-lot subdivision of Mr. & Mrs. Hinds property, commonly referred to as the Colebrook Country Club, located on Route 26 East. He explained that Mr. Hinds has been advised that it is necessary to subdivide the property prior to his being able to gain financing for his condominium project. It was indicated that Lot #1 would contain the garages; the motel would be on Lot #2 and the clubhouse (restaurant) would be part of Lot #3.
Mr. Rappaport noted that any newly created lot within the precinct must be at least 150’ x 150’. Mr. Cowan explained that the shape of the newly created lots are such in order to use as little of the golf course as possible. It was noted that an easement will need to be reserved across the front to allow passage from one side of the golf course to the other. A 50-foot wide right-of-way will run through the Colebrook Country Club land from Pleasant Street to the Condominium lots; along with a 25-foot wide right-of-way around the west side of the Country Club House for access to the north side of the condos on Lot 1.
Steve Garceau asked if the driveway needs to loop due to the distance. Mr. Cowan indicated that it would have a cul-de-sac at the end.
Larry Rappaport stated that there needs to be some kind of agreement specifying the relationship between the three properties: restaurant; condos and golf course. Without a statement regarding “land in common”, he felt the plan would have to indicate that no further subdivision could be completed in regards to the rest of the property. Mr. Hinds remarked that this would not affect his current plans; however, he did not wish to place such a stipulation on the plan.
Mr. Cowan remarked that, if this plan showed only two lots with two roads and not the overlay of the proposed condominium buildings and parking spaces, the problem of a relationship between the three properties would not be an issue. Mike Ouellet responded that, should cluster housing regulations be drawn up before Mr. Hinds came in for his first building permit; it was conceivable that the Board would have to deny the permit based on the new regulations. No one wishes to put Clay in that situation. When Mr. Cowan asked what type of document was necessary, no one had an answer. Clay questioned if he should ask his lawyer regarding drawing up bylaws. Larry suggested that Clay do that and the Board, in turn, would check with their lawyer regarding cluster housing. When asked about his timeline, Clay
responded that between licensing, approvals, etc., he would not be ready to break ground until next spring.
Mike Ouellet suggested that the Board members get together within the next month to begin considering cluster regulations and get a sense of the structure Colebrook wishes to take. Sandra Riendeau asked if the regulations could be approved without a town meeting. It was decided that it would be necessary to check to see if the regulations are part of zoning or subdivision regulations. If they are part of zoning, public hearings will be necessary, along with a vote at Town Meeting. If part of the subdivision regulations, any regulations can be approved once two public hearings have been held. A vote at town meeting is not necessary.
It was agreed to plan the public hearing for September 2, 2003.
New Business:
Rick Nadig – Mr. Nadig appeared before the Board in answer to correspondence regarding a possible change in the design of his site plan for the Bridge Street Gym. Mr. Nadig explained that he had added in-ground patios at the back of the gym where parking was indicated and had not realized he needed a permit. He further stated that he is considering expanding with hot tubs and a gazebo in the future, and had planned to come before the Board with that concept when he was ready. The patio is built such that f anyone could park on it if they wished. Mr. Nadig also explained that he has leveled the area out back and expanded the parking lot and he felt that any loss of area with the cement patio has been substantially increased with the expansion. He was reminded to come before the Board with his hot
tub design prior to constructing.
Owen Leighton – Mr. Leighton appeared before the board regarding complaints received because of furniture on the sidewalk in front of his business located at 148 Main Street. When the site plan was granted for this location, Mr. Leighton had been asked specifically about placing furniture on the sidewalk and he had stated he would not. Mr. Leighton explained that he had been unloading furniture in front of the store because the driveway in the back of the building was often blocked.
Old Business:
John King – Upon reviewing the site that Mr. King has had two camper trailers in place since August 2002 without a permit or any indication of disposal of septic, the Board found a black pipe running from the two units into the woods. It was questioned whether water was being used without a septic system in place. It was also noted that electricity has been placed on the site. Steve Garceau made a motion that the Public Health Officer, Dr. Soucy, be asked to look at the site and determine if a cease and desist should be sent to Mr. King. Sandra Riendeau seconded and all present agreed.
Steve Colby – Mr. Colby was asked to appear before the Board regarding a complaint they had received. It appeared that the travel trailer he had stated in January would be fixed up for use on the highway was not being used for storage and had been moved further into the right-of-way on Susan’s Way. Mr. Colby remarked that no one is living in the trailer and he is still in the process of making it road worth. He did state that currently the contents from a shed that he moving are within the trailer, but would be taken out as soon as the shed is placed. He also stated the he had moved it a couple of feet closer to the right-of-way in order to be able to jack it up to check the brakes and that the tongue might be in the right-of-way. He was asked to move it back onto his property;
however, it was also stated that, since Susan’s Way is a private road, any problems regarding the right-of-way are a civil matter. Mr. Colby had no problem with someone checking in a couple of weeks to be certain that he had removed the shed’s contents from the trailer and moved it back from the right-of-way.
William Ducharme - Mr. Ducharme appeared before the Board to determine the status of his camper placed on his daughter’s land on Green Mountain Drive. The permit for this camper expired in May 2003 and has not been approved for renewal due to the septic disposal problem. Mr. Ducharme was advised that the Selectmen had approved the camper remaining on the land with the split tank unit in service for septic, as long as the unit was pumped by August 15 and again August 30th. It was understood that some time the first week of September, a portable toilet would be delivered to the site. At that time, Mr. Ducharme could apply to renew the permit for the air stream camper.
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