October 7, 2003 Planning Board Minutes
Chairman Mike Ouellet called the meeting to order at 7 pm. Board members present were Steve Garceau, Kevin McKinnon, Edward Carrier, Sandra Riendeau, Joe Ippolito and Selectman Larry Rappaport.
Others present were Dave and Christine Hayes, Lucie Fillion, Sarah Counter, Mike Robinson, Clay Hinds, Greg Sorg, Tara Howe, Larry Hartlen, Jon Cowan, Wayne Brown, Richard and Nancy Prime, John Strickland, Amy Rouleau, Peter Rouleau, Bruce Fowler and Sheila Beauchemin.
Driveway Permits:
William D. Stevens – Driveway access road entrance to his property on East Colebrook Road (R11 Lot 109). The public works director indicated that there was 400’ feet line of sight in both directions and that a culvert would be needed. Steve Garceau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. #2003-107
John Woods – Driveway access rod entrance to property owned by Larry Gettings located at the corner of Reed Road and A. Shallow Road (R4 Lot 2). This application was denied in September due to the fact that the line of sight was short 400 feet. It was felt that the Board could not grant a variance to the 400’ line of sight and the matter needed to go before the Zoning Board of Adjustments for a variance. Upon further review, it was found that the Driveway Permit Laws for the Town of Colebrook read as follows:
“Unless all season safe sight distance of four hundred feet in both directions along the highway can be obtained, the commissioner shall not permit more than one access to a single parcel of land, and this access shall be at the location the commissioner determines to be the safest.”
The Board agreed that allows one driveway to be permitted at the safest location; however, two driveways to a parcel are not permitted without a 400-foot safe line-of-sight. Mr. Woods’ requst is the only driveway access to this parcel, therefore, Steve Garceau removed his motion to deny the driveway permit. Larry Rappaport made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2003-126
Building Permits:
David & Christine Hayes -– 28’ x 30’ addition to their existing residence on Munn Road (R12 Lot 147). Mr. Hayes indicated that Jim Wells is in the process of designing a separate septic system for this addition due to the extra bedroom as they are not sure what the existing system consists of. Steve Garceau made a motion to approve the permit, conditional on receiving the approval for construction from the State of New Hampshire. Kevin McKinnon seconded the motion and all present agreed. CONDITIONAL APPROVAL - #2003-108
Robinson’s Repairs – 20’ x 60’ addition to the south side of the existing building on Creamery Road (U12 Lot 52) for storage of equipment. Kevin McKinnon made a motion to approve the permit; Steve Garceau seconded and all present agreed. #2003-109
Larry Hartlen – 24’ x 36’ garage to be placed on his property on Hartlen Avenue (R9 Lot 68). This permit had been tabled in September due to a question regarding the distance from the building to the front property line (Hartlen Avenue). Mr. Hartlen explained that he owns both sides of the road. Since Hartlen Avenue is not a town-maintained road, he also does all the maintenance, replacing culverts, etc. to the road. For these two reasons, he felt the permit should be approved as presented. Kevin McKinnon remarked the Zoning Ordinances state that “every structure placed on a lot shall be at least twenty (20) feet from the front property line”, which could or could not be the road. He felt that a case could be made that since Mr. Hartlen owns both sides of the road,
the road itself would not be considered the lot line. Larry Rappaport responded that the definition for the front setback is “the depth of the front yard as measured from the street right-of-way to the front line of the closest building.” Larry Hartlen agreed that there are four houses passed him that use this common right-of-way. He further stated he understood he could not build in the right-of-way; however, he felt he had set the garage far enough back from the right-of-way.
Larry Rappaport explained that 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). He further stated that the Board understood that Mr. Hartlen owned property on both sides of the road in question and that he maintains the road and culverts; however, state law does not allow the Planning Board to grant a variance to an ordinance. Therefore, the Planning Board had no option but to deny the permit and he so moved. Steve Garceau seconded and all present agreed. Mr. Hartlen was advised of his right to appeal the determination to the Colebrook Zoning Board of Adjustment.
Keith Smith – Lean-to to be added to his garage on Route 26 (U10 Lot 10). Edward Carrier made a motion to approve the permit; Steve Garceau seconded and all present agreed. #2003-110
Howard Towne – 20’ x 32’ two-bedroom camp on Blakely Farm Road (R12 Lot 97). Approval for construction of a state-approve septic system has been received. Kevin McKinnon made a motion to approve the permit; Steve Garceau seconded and all present agreed. #2003-111
Colebrook Area Head Start – 5’ x 6’ landing with stairs and a 5’ x 16’ handicapped ramp to be added to the building at 24 Park Street (U5 Lot 29A). Steve Garceau made a motion to approve the permit and waive the fee as Head Start is a non-profit organization; Larry Rappaport seconded and all present agreed. #2003-112
Emile Therrien, Jr. – 10’ x 12’ deck with ramp for a wheelchair at 1 Creamery Road (U11 Lot 4). Steve Garceau made a motion to approve the permit; Edward Carrier seconded and all present agreed. #2003-113
Dennis Bailey – 16’ x 20’ barn on his property on Russell Road. Kevin McKinnon made a motion to approve the permit; Steve Garceau seconded and all present agreed. #2003-114
Kevin McKinnon recused himself from the Board. Joe Ippolito was asked to sit in for him.
Colebrook Public Works – 6-foot chainlink fence along the railroad right-of-way on the road into the Transfer Station on Bridge Street (U8 Lot 93). Kevin explained that the Town is required by law to have a fence, plus there had been a lot of vandalism lately. Larry Rappaport made a motion to approve the permit; Joe Ippolito seconded and all present agreed. #2003-115
Kevin McKinnon returned to the Board.
Paul & Patricia Colella – 16’ x 20’ shed on their property on Diamond Pond Road (R2 Lot 11). Larry Rappaport made a motion to approve the permit; Steve Garceau seconded and all present agreed. #2003-116
Chester Grover – 6-foot wooden fence along the front of his property on Bungy Road (R11 Lot 85). Steve Garceau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. #2003-117
Dean Stockwell – Attach a deck with a roof (8’ x 40’ on two sides and 6’ x 20’ on one side) to his residence on Diamond Pond Road (R2 Lot 20). Steve Garceau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. #2003-118
John & Nancee Harrigan – 16’ x 20’ wood shed to be placed on their property on South Hill Road (R5 Lot 9). Steve Garceau made a motion to approve the permit; Larry Rappaport seconded and all present agreed. #2003-119
Corey Washburn – 12’ x 60’ mobile home on Lot 12 in the Windsor Park Estates trailer park (U3 Lot 16). Kevin McKinnon made a motion to approve the permit; Steve Garceau seconded and all present agreed. #2003-120
Scott White – 8’ x 28’ mobile home on Lot 13 in the Windsor Park Estates trailer park (U3 Lot 16). Kevin McKinnon made a motion to approve the permit; Steve Garceau seconded and all present agreed. #2003-121
Irene Holt- Six-foot wooden fence just inside her boundary line at 12 Monadnock Street. Steve Garceau made a motion to approve the permit; Larry Rappaport seconded and all present agreed. #2003-122
Carroll Jackson – 16’ x 12’ deck on his residence on Reed Road (R9 Lot 25). Steve Garceau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. #2003-123
Antonio Lesieur – Extend permit #2002-72 to complete a 16’ x 24’ addition to the existing barn on Nash Drive (R12 Lot 2). Steve Garceau made a motion to extend the permit for one year, or until the certificate of occupancy is received. Kevin McKinnon seconded and all present agreed. EXTEND TO JULY 2004
Sign Permit:
Kheops International Inc. – 5’ x 7’ sign with the Kheops Logo, illuminated, on the building located at the corner of Piper Hill and Route 3 North. Kevin McKinnon made a motion to approve the permit; Steve Garceau seconded and all present agreed. #2003-106
Lewis & Woodard Inc. – 20 square foot sign indicating pricing at the north-east corner of lot at 164 Main Street. Steve Garceau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. #2003-124
Lewis & Woodard Inc. – Permission to move the location of the new “Gulf” sign permitted last year through permit #2002-61. It was found that the sewer line is right below where the sign was to be originally placed at the southeast corner of the lot at 164 Main Street. It is proposed to move the sign to the northeast corner of the lot. The State Department of Transportation has been contacted and saw no problem. Larry Rappaport made a motion to approve the new location for the sign. Steve Garceau seconded and all present agreed.
Homeland Realty – Two l’ x 1’ signs, stating “No Overnight Parking”, at Route 3 North. Steve Garceau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. #2003-125
Waiver of Site Plan Regulations:
Sarah Counter - Request for a waiver of site plan regulations for the use of the property located at 2 Pleasant Street. Ms. Counter proposed to rent three bedrooms as a bed and breakfast. Her grounds for a waiver were that she did not need to do any construction or structural changes to the property. She felt there was adequate space for the required parking spaces for such a venture. She informed the Board that a neighbor had offered parking space on his property, if necessary. Ms. Counter had checked with the fire chief and found that only one hard-wired smoke detector was needed as there is already more than one egress from the second floor. Statements from abutters indicated they had no problem with this business venture.
Mike Ouellet reminded Ms. Counter that there could be no parking on the street in the winter. Steve Garceau made a motion to approve the waiver; Larry Rappaport seconded and all present agreed. Ms. Counter was 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
Tara Howe - Request for a waiver of site plan regulations for the use of the property located at 11 Parsons Street. Mrs. Howe proposed to open a pet store at this location and had a letter of permission from the property owner, Jeanne Usher. Her grounds for a waiver were that the location was previously used as a retail shop. The only concern expressed to Mrs. Howe by one of the abutters was that no one be on their lawn. Mrs. Howe indicated that there are two parking spots in front of the store and that the current tenant in the apartment upstairs does not own a vehicle. Steve Garceau made a motion to approve the waiver; Larry Rappaport seconded and all present agreed. Mrs. Howe was 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
It should be noted that abutter, Bernard Carrier, had no problem with Mrs. Howe’s new business venture; however he did express a concern that parking in front of his store is ongoing from other businesses and he wished to have the 15-minute parking signs reinstalled in front of his store. This concern will be forwarded to the Selectman.
Aime Rouleau and John Strickland - Request for a waiver of site plan regulations for the use of the property located at 187B Main Street. Mr. Strickland explained that he and Miss Rouleau wish to open a retail store selling items such as children’s party favors (piñatas, paperware and small toys), novelty items, gag gifts, candy, slot machines (token operated), scooters, collectibles and antiques. Their grounds for a waiver were that the location was previously used as a retail shop. Statements from the abutters had been received indicating they had no objection to this business venture. Steve Garceau made a motion to approve the waiver; Edward Carrier seconded and all present agreed. Mr. Strickland and Miss Rouleau were 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
Preliminary Subdivision Hearing:
John Harrigan - Jon Cowan presented the preliminary plan for a two-lot subdivision of Mr. Harrigan’s land on South Hill Road (R5 Lot 9). This proposed subdivision will create one lot of two acres, leaving the residual land with approximately 126 acres. Mr. Cowan stated that he was in the process of obtaining approval from the State of New Hampshire for this subdivision since it is less than five acres. He further indicated that the line of sight for a driveway to be placed at the top of the field appeared to be adequate.
Larry Rappaport remarked that he had attended a lecture series recently that advised Planning Boards not to approve a subdivision under five acres, unless the state approval had been received. He felt it might be possible to grant a conditional subdivision if the state approval had not been received. It should be understood that, if a building permit is asked for prior to full approval of the subdivision, it would have to be submitted by John Harrigan, not the future owners of the two-acre lot. The same would be applicable for the septic design.
Subdivision Public Hearing:
Clay & Michelle Hinds (Colebrook Country Club) - Greg Sorg, lawyer for Clay and Michelle Hinds, presented the revised plan for consideration. He explained that the notes indicated on this new plan clarified the sequential development of the lots as suggested by the Planning Board:
Lots are to be developed in numerical sequence. As each lot is dedicated to the condominium, the developer shall construct and dedicate a temporary easement for a cul-de-sac on the next lot, until the dedication of lot 4, at which time the cul-de-sac easement on Lot 4 shall become permanent.
The service lane shown running westerly and northerly of the units proposed for Lots 1 through 4, and the adjoining 25’ wide right-of-way crossing Lot 6, are provided for access by emergency vehicles. (The services lane is an eight-foot travel lane on a fourteen-foot graded surface.)
Currently the plan shows separate lots for the phased development of a proposed expandable condominium, called Abenaki Green. The proposed condo buildings, parking spaces and roads were overlaid to illustrate how the lot lines related to further development. As each phase is sold, a boundary line adjustment will occur so that what currently shows as four lots will be one.
Mike Ouellet commented that the percentage of green space looked adequate. Jon Cowan, surveryor, remarked that when the project is completed, the green space will be well over 30%. It was also noted that all condominium units are to be connected to town water and sewer services. Drainage issues still need to be looked at, but no one could foresee a problem.
Steve Garceau made a motion to approve the subdivision as presented; Larry Rappaport seconded and all present agreed. #605
Donald Dostie – Jon Cowan presented the plan for a two-lot subdivision of land owned by Donald Dostie on North Main Street (U4 Lot 14). Mr. Cowan remarked that the 0.16 acre of land left out mistakenly in the prior land transfers has been deeded to Mr. Dostie and had become part of Lot #1. Lot #2 on the final plan is the same as presented on the preliminary. It was noted once more that there is already an existing driveway to Lot #2.
In regards to getting town water and sewer to Lot #2, Mr. Dostie was advised that he probably would need a pump. The water main is located on that side of the street and should pose no problem. He would need to see the state regarding digging for the sewer line. Larry Rappaport made a motion to approve the subdivision as presented; Kevin McKinnon seconded and all present agreed. #606
Bills:
Steve Garceau made a motion, seconded by Kevin McKinnon, to pay the invoices from the Colebrook Chronicle for $38.00 and $19.00, respectively.
New Business:
Donald Dostie asked the Board about the feasibility of doing a lot line adjustment and subdivision of his properties on Edwards Street. He indicated he wished to make Lot 34 bigger and divide Lot 67 into two parcels. New information regarding a state law and Class V roads had just been received stated Larry Rappaport. The board had not had a chance to review the information and Mr. Dostie needed to be aware that there might be something in the new law that might affect his proposal.
A letter of complaint from Gary Carter was read, noting that Sylvia Bundza Carter is selling adult toys and ornamental knives at her establishment on Main Street. Chairman Ouellet stated that Mrs. Carter had been informed that if she had any change in her product line from what she indicated at the time the site plan waiver was approved, she would need to come back before the Board.
Complaints have been received that there appears to be a camper trailer situated on property on Carr Road with no legal means of septic disposal. The property is accessed through Columbia (where the complaints originated); however, the property is located in Colebrook. It was agreed that one of the Planning Board members would view the site to determine who the owner of the property is and then the matter would be turned over to the Public Health Officer for a cease and desist.
It appears that there is a travel trailer being lived in beside Robert Caron’s business located on Route 145. Larry Rappaport made a motion to send a letter of a possible violation, advising Mr. Caron that trailers or mobile homes may not be located within the district without written permission from the Planning Board, except for temporary locations for periods not to exceed fifteen (15) days. Steve Garceau seconded and all present agreed.
Town Manager Donna Caron has received a complaint regarding excessive noise at the business location, See Moon, on South Main Street. The town manager also states that she has verified that there is an accumulation of articles, such as an used water tank and bathtub, outside the facility. Larry Rappaport made a motion to send a letter of possible violation of site plan regulations to the owner of the establishment. Steve Garceau seconded and all present agreed.
The Board was informed that Tri-County Cap has expressed an interest in locating their office at 3 Parsons Street. It was agreed that they need to be aware that, at a minimum, a waiver of site plan regulations would need to be presented.
Paperwork from Attorney Russell Desjardins regarding property of Roland Dupont Realty, located off Corliss Lane in Colebrook, was reviewed by the Board. The Board wished the paperwork to be sent to Tim Bates, the town’s attorney, for an opinion as to the advisability of the Chairman signing it.
Mr. Bruce Fowler, Director for the Colebrook Downtown Development Association, approached the Board expressing interest in working on the Master Plan.
The revisions to the proposed cluster regulations were reviewed and approved. They will now be sent to the town attorney for input.
In answer to payment of the North Country Recreation site plan fees for certified mailings and the ad, Kevin McKinnon made a motion to waive the fees. Larry Rappaport seconded and all present agreed.
The following certificates of occupancy were reviewed and signed:
Jimmy & Shelly Crossley – Garage w/3 Bedroom Apt, Carleton Hill Rd
Colebrook Rental LLC – 26’ x 26’ shed, 29 Colby Street
George Jacques – Screen Porch, South Hill
Castmin Realty – Trailers Lot 17A, 25 & 45
Bernard Goodrum – 8’ x 16’ storage shed, 16 Bridge Street
Dean Stockwell – 20’ x 26’ addition to existing building, Diamond Pond Road
A certificate of occupancy submitted by Chet Sirles for a log home on Blakely Acres could not be approved as there is no approval for operation for his septic system on file as of yet. Mr. Sirles stated on the occupancy permit that he has a 1,000 gal tank installed that is pumped twice a year.
Old Business:
Edward Nash Site Plan (R8 Lot 20) - Nancy Prime approached the Board to state that skidders have been running many evenings after 6:30 p.m. at Eddie Nash’s site across from their residence. It was her understanding that the site plan called for hours of operation on Monday through Saturday from 6 a.m. to 6 p.m. and on Sunday from 8 a.m. to 5 p.m. She indicated that she has reported the incident to police through radio dispatch.
Wayne Brown remarked that the trees appear to be dying and that there is room to park between them. Mike Ouellet read from the plan that the foliage needed to be sufficient to hide the fence all year round. He stated does not appear to be the case at this time. Wayne stated he could live with the amount of trees that are planted currently, if they lived, but he feared they were going to die. Nancy Prime took issue that the trees do not meet the condition of being six-feet tall when planted.
Steve Garceau made a motion to send a letter to Mr. Nash advising him that it appears he is not in full compliance with the site plan, in particular, in regards to the trees and hours of operation. After it was explained that Mr. Nash had received a certified letter reiterating all the conditions of the site plan two weeks prior to the compliance date, Mr. Garceau withdrew this motion. He then moved that the violation be turned over to the Selectboard for full enforcement. Edward Carrier seconded and all present agreed.
The Board was made aware that James Gadwah has moved the shed in question on South Main Street back so that it is even with his residence, negating the necessity for a zoning board of adjustment meeting.
In response to her letter regarding a possible violation of zoning ordinances, Cecile Haynes responded on October 6th that she would have the two vehicles which are in different stages of disrepair removed from her property by the end of the month. This would leave three registered vehicles on her property. She also indicated that she had no problem with one of the Planning Board members reviewing the site by the end of the month.
A letter from Chairman of the Selectboard, Sally Wentzell, confirmed that the fire ruins owned by Stuart Dalzell located on Cascadden Drive contained no plumbing or heating systems and the structure is now classified as a shed for assessment purposes.
The Board was advised of the Office of State Planning Fall meeting on October 25th.
Kevin McKinnon made a motion, seconded by Steve Garceau, to approve the September minutes as written. All present agreed.
The meeting was adjourned at 10:30 pm.
Respectfully submitted,
Sheila M. Beauchemin
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