Planning Board Minutes
September 2, 2003
Chairman Mike Ouellet called the meeting to order shortly after 7 pm. Present were Board members Steve Garceau, Edward Carrier, Kevin McKinnon, Joe Ippolito and Sandra Riendeau and Selectman Larry Rappaport.
Others present were Jerry Grant, Lucie Fillion, Donna Jordan, Chester Grover, Clay Hinds, Harold Davis, Wayne Brown, Richard Prime, Jon Cowan, John Vincent, Donald Dostie, Arthur Yorke, John Forbes and Sheila Beauchemin.
Driveway Permits:
Jay Weir – Driveway access road entrance to the newly subdivided lot located on A. Forbes Road (R4 Lot 3). The public works director had viewed the site and determined that the required line of sight had been met. He did indicate that a 24” twenty-foot long culvert should be installed. Kevin McKinnon made a motion to approve the permit; Steve Garceau seconded and all present agreed. APPROVED - #2003-94
John Woods – Driveway access road entrance to property owned by Larry Gettings located at the corner of Reed Road and A. Shallow Road (R4 Lot 42). The public works director had indicated that there was a 290’ line of sight to Reed Road and 390’ line of sight up A. Shallow Road. Kevin McKinnon stated that he felt because this was a Class VI road, 300’ line of sight would be sufficient. It was questioned if this matter should go to the Zoning Board of Adjustments because the line of sight was short 400 feet. Steve Garceau made a motion to deny the permit; Larry Rappaport seconded and all present agreed. DENIED
Building Permits:
Craig & Sharon Nelsson - 14' x 16' mudroom on the existing slab on their property on Forbes Road (R10 Lot 78). Steve Garceau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2003-95
Sarah R. Cummings - 26' x 26' shed to within five feet of the boundary at 29 Colby Street. The Planning Board had originally denied this permit due to the boundary line setback being less than ten feet. A Zoning Board of Adjustment variance was granted on August 18, 2003. Steve Garceau made a motion to approve the permit; Larry Rappaport seconded and all present agreed. APPROVED - #2003-96
David & Kristine Girard - 24' 8" x 32' 8" two-bedroom log home on their property located on Harry's Way (R11 Lot A7). Larry Rappaport made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2003-97
Walter E. Dawson, Sr. - 12' x 20' portable garage (cover-it) on his property off Reed Road (R4 Lot 45). Larry Rappaport made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2003-98
Larry Hartlen - 24' x 36' garage on his property on Hartlen Avenue (R 9 Lot 68). The application indicated that the structure would be 100 feet from the front property line (Hartlen Avenue). This distance was questioned, and since Mr. Hartlen was not present to answer any questions, the Board found it necessary to table the application. Mr. Hartlen will be asked to attend the November meeting, and be reminded that, until such time as the application is approved, no construction should begin. TABLED
Larry Johnson~- Enlarge existing porch to 10' x 12' at his residence on Route 26 (R11 Lot 45). Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2003-99
Marie-Josee Vaillant - 40' x 150' garage to be placed on her property on Aldrich Road (R6 Lot 2). This permit will replace permit #2003-60 for a 40' x 90' garage. Steve Garceau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2003-100
David Hodge - 24' x 36' lean-to pole shed at his residence on Route 26 (R11 Lot 73). Steve Garceau made a motion to approve the permit; Larry Rappaport seconded and all present agreed. APPROVED - #2003-101
Roland Cotnoir - 28' x 60 storage shed to be placed on his property on Cotnoir Road (R10 Lot 5). Steve Garceau made a motion to approve the permit; Larry Rappaport seconded and all present agreed. APPROVED - #2003-102
Ken & Angie Putnam - 11' x 11' play structure, raised fort, to be placed on their property at 1 Stoney Hill Road (R10 Lot 120). Steve Garceau made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2003-103
Robert S. McKinnon - 30' x 60' garage and storage shed to be placed on his property on Rotue 145 (R6 Lot 49). John Forbes explained that the building will be a commercial building for Mr. McKinnon's own use. Jim Wells has performed a perk test and is in the process of drawing up a septic design. A copy of the survey map indicated the building being placed outside the delineated wetland areas as shown on the survey map. Larry Rappaport made a motion to approve the permit, conditional on receiving an approval for construction of a septic system from the State of New Hampshire. Edward Carrier seconded and all present agreed. CONDITIONAL APPROVAL - #2003-105
Sign Permit:
Patricia Hinds – 3’ x 3’ sign, stating “Great North Woods Realty”, to be attached to the bracket presently on the building at 187 Main Street. A letter of approval from the property owner was attached. Steve Garceau made a motion to approve the permit; Larry Rappaport seconded and all present agreed. APPROVED - #2003-104
Waiver of Site Plan Requirements:
Robert McKinnon - Request for a waiver of site plan regulations for the use of the property located on Route 145 (R6 Lot 49). Mr. McKinnon proposed to build a structure to be used as a garage and storage for his commercial concrete business. His grounds for a waiver were that no items would be sold from the site. It was also noted that two or three other lots along Route 145 are being used in the same manner as Mr. McKinnon is proposing. Larry Rappaport made a motion to approve the site plan waiver; Steve Garceau seconded and all present agreed. Mr. McKinnon will be advised that, should there be a problem regarding this site in the future, the Planning Board had the right to ask for a full site plan review and public hearing. APPROVED
Patricia Hinds - Request for a waiver of site plan regulations for the use of the property located at 187 Main Street. Mrs. Hinds proposed to open a real estate office at this location. Her grounds for a waiver were that the location was previously used as a retail shop and she did not feel her business would impact the traffic on Main Street. Steve Garceau made a motion to approve the waiver; Larry Rappaport seconded and all present agreed. Mrs. Hinds will be advised that, should there be a problem regarding this site in the future, the Planning Board had the right to ask for a full site plan review and public hearing. APPROVED
Subdivision Public Hearing:
Clayton and Michelle Hinds - 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 further indicated that access to the lots would be via a cul-de-sac as there was no road frontage.
Larry Rappaport stated that, since the preliminary hearing, the Board has met to look at cluster housing regulations for the Town of Colebrook. The plan as presented did not meet the requirements currently being considered by the Planning Board, in particular: a 100' buffer around the property and 30% of commercial area or living area to be utilized as green space (parking area does not count). He remarked that it might be feasible with this project to create the green space by providing some agreement that the golf course would remain in perpetuity or create a conservation easement.
Mr. Hinds asked if a model for cluster housing had been created. Mr. Rappaport responded that the Board has been reviewing other towns and the Office of State Planning Smart Growth program. Mr. Rappaport further assured Mr. Hinds that the Board is not imposing the cluster regulations on this subdivision. Any proposed regulations would need to be approved at the next Town Meeting in March. He further stated that, if the subdivision should be approved now as presented, and should cluster regulations be approved in March, when Mr. Hinds came in for a building permit, the Board might have no option but to deny it because it would not meet the cluster regulations in place at that time. Mr. Hinds would always have the option of going to the Zoning Board of Adjustments for a variance. Mr. Cowan felt the issue
would be considered grandfathered because both the site plan and subdivision had been approved prior to any new regulations.
All Board members agreed that they were not trying to hinder Mr. Hinds project or subdivision, but that there were trying to save him any extra roadblocks two years from now when he might be ready to begin Phase II of his project. Of course, there is also the possibility that any cluster regulations placed before the townspeople in March might not pass, then this discussion would all be a mute point.
In answer to Mr. Cowan's question if the Board was looking for the project to be 100' from the property line, Larry Rappaport responded that it is a 100' buffer zone around the project to protect the condo owners. He further remarked that 50' is the minimum in the State and this project does not meet that requirement. Clay responded that he was not sure what he could come up with in regards to the golf course as there are other parties involved. He further stated he intended to build something Colebrook could be proud of. Sandra Riendeau stated that cluster housing was new to everyone and the Board appreciated Clay's concerns. Larry Rappaport assured him that no one was trying to restrict the project.
Kevin McKinnon remarked that the green space could come from the back easement. The purpose of the green area is to provide a common area for people to use. Larry Rappaport stated the plan could be left as it is and a conservation easement completed; that why no land would have to be sold. The only restriction would be that no one else could add more cluster housing. Larry stated he wasn't sure that the phrase "conservation easement" was the correct one.
Clay questioned if the current mortgage holder would agree to green space. There is a possibility that he will need to separate each building into its own lot to meet the financial requirements. This would create five properties that are actually all one, tied together with the condo agreement. This generated a discussion regarding the road being over 600'; however, it was noted that there is a cul-de-sac. The right-of-way extending behind the buildings was originally planned for a service road with a 10' pavement on 15' of gravel surface. It was determined that emergency vehicles could navigate this right-of-way, but the corners might be rough.
Steve Garceau made a motion, seconded by Larry Rappaport, to continue this public hearing. Clay will meet with the board members on September 10 at the next work session for cluster regulations. Everyone present agreed.
Jay Weir & William Weir, Jr. - Arthur Yorke presented the final plan for a two-lot subdivision of land owned by Jay Weir and William Weir, Jr. on A. Forbes Road (R4 Lot 3). The preliminary had been presented in May 2003. Steve Garceau remarked that the right-of-way indicated on the plan appeared to be over 600' in length and questioned if this was acceptable. It was pointed out that the access to the edge of the new lot is only 300 feet, which is acceptable. Larry Rappaport questioned if the statement, "no further subdivision", should be added to the plan due to the shape of the lot and the fact that the length of the road would become an issue with an additional lot. Mr. Yorke pointed out that there is currently a separate road to the remaining parcel that at some time could
loop around to this lot being created by this subdivision. This would mean that the lot could be subdivided later if warranted. Kevin McKinnon made a motion to approve the subdivision as presented; Edward Carrier seconded and all present agreed. #603
Site Plan Public Hearing (continued):
North Country Community Recreation Committee - This site plan had been granted conditional approval on July 2003, pending receipt of a driveway permit from the State of New Hampshire. Jon Cowan informed the Board that the driveway permit had been received. He did state that a gate had been placed on the further end of the right-of-way and the recreation committee did not have a key to it. Sandra Riendeau also questioned if the pipeline had a key to the gate. Kevin McKinnon remarked the town has access, as the gate is open early in the morning, as well as later into the evening.
Jon Cowan stated that there has been no agreement reached with the abutter who owns the property on the south side of the entrance; therefore, no plans have been made as yet for a sidewalk to the center. Steve Garceau asked if it might be possible to go with a 33' wide road for safety issue. The current road is 24' wide and the driveway permit states the traveled portion of the road can be no wider than 30 feet.
Steve Garceau made a motion to approve the site plan as presented. Larry Rappaport seconded and all present agreed. #604
Preliminary Subdivision Hearing:
Donald Dostie - Jon Cowan presented a preliminary plan for a two-lot subdivision of property on North Main Street & Lynch Road owned by Donald Dostie (U4 Lot 14). Lot #2 will be accessed from the existing driveway on North Main Street. Mr. Cowan explained that the final plan will look different in that the lot on the preliminary showing as Brenda Brooks-Gadwah (0.16 acres), will be part of Lot 1. It appears that when the property was conveyed two owners prior, this parcel was unintentionally omitted. This error was discovered while researching for this subdivision and it is understood a new deed will be drawn up before the final plan conveying this parcel to Mr. Dostie. A public hearing will be warned for October 2003.
Bills:
Edward Carrier made a motion to pay the News & Sentinel invoice for $44 and the Colebrook Chronicle invoice for $38. Larry Rappaport seconded and all present agreed.
New Business:
Chester Grover - Mr. Grover appeared before the Board in answer to a letter about a possible violation on his property. It appears a fence, higher than four feet, has been placed on his property without a permit and it was questioned if it was on the boundary line. Mr. Grover stated the fence is in the front of the house, not on the boundary line. He was given a building permit to complete and return.
Jerry Grant appeared before the Board in answer to a letter received regarding the appearance of a campground on his property on Route 26. Mr. Grant explained that the various campers on weekends belong to his family members and friends who are visiting. He further stated that two of the campers are left set-up throughout the summer, and that there is a state-approved privy on his property. He received a permit for the camper in 1998.
Darlene Goodbout appeared to ask the procedure involved regarding placing a camper on Dana Bartlett's property on Forbes Road (R10 Lot 89). She explained that the camper has a 40-gallon holding tank and will remain registered. The camper would be used only periodically on weekends to take advantage of ski-dooing. She was advised that she would need to complete a building application, have written permission from Dana Bartlett and provide evidence that the holding tank is being pumped periodically. Mrs. Goodbout was also concerned if the placement of the camper on the property from November to April would affect the current use status of the land. She was advised to speak to the tax collector's office regarding this issue.
The questionnaire from Berkshire Mortgage Finance was completed regarding Monadnock Village.
A letter from Mark Nunan was reviewed regarding the possible purchase of 30 acres or more which he would then like to build two or three houses on. His intention would be to keep it as one lot. He indicated that each house would have a its own septic system and well. Mr. Nunan did not elaborate if he planned to rent the homes, as this would be considered a commercial endeavor that would require a site plan. Driveway placement was also questioned. It was also questioned if the land and dwellings would all be owned by the same person. The Board determined that they would need more information prior to giving an answer.
Upon checking the complaint regarding Hartlen Avenue received from Larry Hartlen, numerous vehicles (or parts of) were found located on the property of Cecile Haynes (R9 Lot 89). None of these vehicles appeared to be registered or any longer intended or in a condition for legal use according to their original purpose. Miss Haynes will be contacted and asked to attend the November meeting of the Planning Board to explain whether she might be operating a motor vehicle junkyard without a permit.
Old Business:
Wayne Brown and Richard Prime approached the Board to ask if a meeting was going to be held on September 15, the date Edward Nash's site plan for the lot on Route 26 was scheduled to be complete. It was decided to send a certified letter to Mr. Nash reminding him of the conditions on the site plan that needed to be completed by September 15, 2003.
It was brought to the Board's attention that James Gadwah has not approached the Zoning Board of Adjustment (ZBA) to apply for a variance regarding his building application that was denied due to the shed being placed closer than twenty feet from the front boundary line. It also appears the shed is still on the property. A certified letter will be sent to Mr. Gadwah advising him that, if he does not appeal to the ZBA and the structure remains on his property, he will be in violation of the zoning ordinances. This will necessitate the matter being turned over to the Selectmen for legal action.
The following septic design approval for construction (or operation) were reviewed:
Marie Josee Vaillant – Aldrich Road (R6 Lot 2) (Construction -6BR House
Connecticut River Drivers’ Trust – Piper Hill (R7 Lot 4) (Construction) (Kheopps)
David Girard – Harry’s Way (R11 Lot A-7) (Construction - 2BR)
William Weir – E. Colebrook Rd (R11 Lot 48A) (Construction – 3BR)
Matthew Bailey – Hartlen Avenue (R9 Lot 86) (Construction – 3BR)
Anthony Rossitto – Bear Rock Road (R11 Lot 102) (Operation – 4BR)
The following certificates of occupancy were reviewed and signed:
Bernard Goodrum – Porch, Bridge St
Gary Carlson – Overhang & awning, Route 3 North
Vito Rella – Deck, Edwards Street
Steve Garceau made a motion, seconded by Larry Rappaport, to approve the August minutes, with corrections noted. All present agreed.
The meeting was adjourned at 10:15 pm.
Respectfully submitted,
Sheila M. Beauchemin
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