Planning Board Meeting
December 2, 2003
Chairman Mike Ouellet opened the meeting shortly after 7 pm. Board members present were Edward Carrier, Kevin McKinnon, Selectman Larry Rappaport and alternate Sandra Riendeau. Sandra was asked to sit in for Steve Garceau.
Others present were Lucie Fillion, Marty Cowens, Frances & Richard Sytek; Donald Dostie; Richard Sluben; George Stanley; Edward Nash; Jeffrey McKinnon; Dana Masson; Bruce Fowler and Sheila Beauchemin.
Public Hearing for Cluster Housing Regulations:
Larry Rappaport explained the intent behind the regulations being proposed. Currently if someone came before the board with a proposal for cluster housing, there would be no restrictions. The regulations being proposed offer a buffer area, in addition to open space. Mike Ouellet commented that he felt the proposed regulations were non-restrictive and fair. They allow someone living in an apartment to have a yard and a nice facility, along with providing a cushion and protection to the abutters so nothing is built “right upon them”.
John Harrigan asked about the minimum lot requirement. He questioned if there was room in the regulations to allow someone with 50-100 acres to develop, say ten acres, and leave the remaining 90 acres open space. Larry Rappaport explained that this is exactly what the regulations encourage. Present regulations require two acres per dwelling unit, and one dwelling unit on a lot. For a 50-unit complex, you would need 50 acres. Under the cluster regulations as proposed, you could put the 50-unit complex in one spot (meeting density requirements) and keep the rest as open space through conservation easement or whatever.
Mike Ouellet remarked that the cluster regulations would affect condos and or apartment buildings built in the future. The proposed cluster regulations will prevent a small apartment building being built on a small lot with boundary set-backs only ten feet from the abutters, and no lawn or parking area. The cluster regulations give everyone “open space.”
A second public hearing will be warned for January 2, 2004.
Building Permits:
Jeff McKinnon – 17’ travel trailer that sleeps six to placed on his property off Carr Road, identified as R11 Lot 92-1 on the Town Tax Map. Mr. McKinnon explained that the trailer has a self-contained unit and he would be willing to take the trailer to a campground and dispose of the septic when necessary. He further explained that the unit is not used during the winter, and periodically during the summer. Larry Rappaport made a motion to approve the permit, conditional on dumping receipts being available upon request. Edward Carrier seconded and all present agreed. CONDITIONAL APPROVAL – 2003-135
Conceptual Consultation:
Donald Dostie – Dana Masson, surveyor, presented the application and abutters list for a boundary-line adjustment for Donald Dostie of his properties on Edwards Street, identified as U5 Lot 34 and U5 Lot 67 on the Colebrook Tax Map. This boundary-line adjustment proposes to remove 1.09 acres from Lot 67 and add it to Lot 34. Dana asked that the public hearing be warned for January 6, 2004 to accept the application and hold a hearing on the same.
Stephan & Patricia McCormack – Dana Masson, surveyor, presented the application and abutters list for a two-lot subdivision for Stephan & Patricia McCormack of their property located on Diamond Pond Road, identified as R2 Lot 9 on the Colebrook Tax Map. He indicated that the state driveway permit is in process. Dana asked that the public hearing be warned for January 6, 2004 to accept the application and hold a hearing on the same.
Richard J. & Eleanor L. Sluben – Mr. Sluben has a purchase and sales agreement for 11 Park Street and is considering converting the one-family residence. He would not change the footprint of the building, but would place an insurance office on the first floor and remodel the second floor for a one-bedroom rental apartment. Mr. Sluben explained that he has acquired an Allstate franchise and does not expect to have much walk-in business at this office. He expects to be traveling county-wide. Kevin McKinnon remarked that no parking is allowed on the street. Larry Rappaport stated that parking might be a problem as he would be required to have two spaces for the apartment; one for his own vehicle and at least one for a potential customer. After a discussion of the site layout, it was
determined parking would probably not be a problem.
Mr. Sluben was advised to come back before the Board with a completed waiver of site plan regulation after acquiring the property. He also could present any sign application for consideration at that time.
George Stanley – Mr. Stanley appeared before the Board to present his plan for the use of the building owned by Jacobsma off Bridge Street. He proposed to utilize “Section C”, indicating that currently Section A houses the River of Life Church and Section B is utilized by the former business, MMI, and is not open to the public. His business would consist of new and used antiques, clothing, books, etc. He would be open year round with someone needing to ring a bell to gain access. He stated that usually an appointment would be necessary; however, he might let the public in a few at a time without an appointment.
In regards to lighting, Mr. Stanley felt he would only need lights to illuminate the dock for loading, during store hours only. He felt he would only be using the dock initially to move merchandise into the building. Merchandise might be displayed outside during the summer and he questioned how many tables he could place outside. He would not be leaving the tables outside overnight. He would have no bright or flashing lights.
Mr. Stanley felt there was sufficient parking at this site for his business endeavor. All he would leave parked there would be a Ryder truck and a 40’ trailer to be used for storage. He felt he might need parking for three or four customers occasionally.
Edward Carrier asked if this was, in fact, a retail store. Mr. Stanley answered that customers are allowed in by a buzzer. The only employees are himself, his wife and maybe a couple other people. He is a wholesale dealer concerned with box lots. Most of his advertising is done off site and dealers are encouraged to buy in quantities. He further commented that it is storage basically, but he would want to sell some merchandise at different times.
Eddie asked how many trucks would be going in and out; was he considered a distribution center? Mr. Stanley answered that he isn’t a distributor. He uses a truck to get the merchandise here and then parks the truck. This is a part-time operation; and would be by appointment only in the winter.
Larry Rappaport remarked that placing tables outside for customers makes it a retail business. This area has been used as a warehouse in the past; therefore, this is a change of use. The Board was in consensus that Mr. Stanley would need to go through a full site plan review hearing. Mr. Stanley stated that he has not received written permission from Mr. Jacobsma as of yet. He was advised to obtain the landowners’ permission prior to submitting the plan. Once a completed application and abutters list were received, the site plan review would be advertised.
Subdivision Public Hearing:
John Harrigan – Dana Masson presented the plan for a two-lot subdivision for property located on South Hill, owned by John Harrigan, identified as R5 Lot 9 on the Town Tax Maps. This subdivision would create a new lot totaling between five and six acres, leaving the residual land with approximately 120 acres. Upon review of the plan, it was noted that a variance would need to be granted as the ratio of the lot is more than 4:1. It was noted that the required frontage existed and a separate right-of-way is being reserved, leaving clear access to the remaining acreage. Larry Rappaport explained that, if the remaining acreage was ever subdivided, the right-of-way could not exceed 600’ unless it could loop back out onto South Hill Road. Larry Rappaport made a motion to grant a variance on the
width to length restriction. Sandra Riendeau seconded and all present agreed.
Larry Rappaport then made a motion to approve the subdivision; Kevin McKinnon seconded and all present agreed. #609
Richard Sytek – Marty Cowens, surveyor, presented the plan for the proposed boundary-line adjustment between Richard Sytek’s property on Carleton Hill Road, identified as R9 Lot 94 on the Colebrook Tax Map, and property owned by Peter & Linda Cummings, identified as R9 Lot 100. The lot-line adjustment transfers 0.06 acres to the property owned by Mr. & Mrs. Cummings. Larry Rappaport noted that the original property was created prior to the subdivision regulations being in place and was under two acres. This boundary-line adjustment will make the piece even smaller, however, it will straighten out the property lines and make things better. Sandra Riendeau made a motion to approve the boundary-line adjustment as presented. Edward Carrier seconded and all present agreed. #610
Frances & Richard Sytek - Marty Cowens, surveyor, presented the preliminary plan for a proposed boundary-line adjustment between two pieces of property owned by Frances and Richard Sytek on Park Street, identified as U8 Lot 7 and U8 Lot 8-1 on the Colebrook Tax Map. The boundary line adjustment would increase Lot 8-1 to a total of 0.35 acres, leaving Lot 7 with 0.15 acres. Mrs. Sytek explained that originally there was only the larger house in front. In 1963, she came out to take care of her grandparents and the trailer was set in back. This boundary-line adjustment would allow her to sell each lot with a dwelling on it.
Larry Rappaport stated that he felt the Board needed to receive a legal opinion regarding the boundary line adjustment, due to the fact that it would make one lot smaller than permissible by subdivision regulations. He explained that the Planning Board can grant variances on a subdivision, but not if the variance violates the zoning ordinance regarding minimum lot size. He further stated that, if the subdivision was not approved, the Syteks could appeal to the Zoning Board of Adjustment. Frances Sytek explained that she understood this procedure; but also questioned how the subdivision for the abutting property was completed earlier this year with the same type problems.
Larry Rappaport made a motion to get a legal opinion on how to handle the problems existing in the boundary-line adjustment. Sandra Riendeau seconded and all present agreed. A letter will be sent to the town attorney.
Bills:
Larry Rappaport made a motion to approve the invoice from the News and Sentinel for $82.50; Mitchell & Bates for 459.15; and Jordan Associates for $14.25. Edward Carrier seconded and all present agreed.
New Business:
The following certificates of occupancy were reviewed and signed:
Anthony Rossitto – Modular Home, Bear Rock Road
Kheops International Inc – 75’ x 160’ distribution center, Route 3 North
Cory Haigh – 10’ x 24’ addition, Route 26
Arlene Mills – Mobile Home on Lot 64, Windsor Park Estates
Stuart Dalzell – Double wide mobile home, Cascadden Drive
Joseph & Monda Anderson – Garage & walkway, Stevens Hill
Russell Woodard – Garage, Route 26
A certificate of occupancy for two residences placed on Harry’s Way by Edward Nash and Sons had to be returned due to the lack of the signatures and New Hampshire Master License Number of the contractors who completed the electrical and plumbing.
The following approvals for construction/operation of septic systems were reviewed:
Chet Sirles – Blakely Farm Road (R11 Lot 62) (2BR) Operation
Kerry Magee – E. Colebrook Rd (R10 Lot 64) (2BR) Operation
Dean Stockwell – Diamond Pond Rd (R2 Lot 20) (2BR) Construction
Christine/David Hayes – Munn Rd (R12 Lot 147) (2BR) Construction
Old Business:
Sylvia Carter – Mrs. Carter did not appear in answer to the letter of violation of her site plan. Edward Carrier noted that she had moved out of her business establishment located at 135 Main Street two weeks prior to the meeting. Larry Rappaport made a motion that her waiver of site plan regulations for this location be revoked. Sandra Riendeau seconded and all present agreed.
Brenda Watts – Neither Mrs. Watts or the landowner on record appeared in answer to the letter asking for the status of the paperwork regarding the septic system for the property on Bruce Road (R12 Lot 106). An application for a 28’ x 30’ log home submitted by Mrs. Watts in August had been tabled due to the lack of an approval for construction of a state approved septic system and building application fee. Before further action, a Planning Board member will ascertain that no building has begun on this site.
Marc Simmler – Mr. Simmler did not appear in answer to the letter asking for the status of the paperwork regarding the septic system for his property on Russell Road (R12 Lot 73). An application for a 26’ x 38’ attached garage with bedroom, bath and kitchen submitted by Mr. Simmler in August was tabled due to the lack of paperwork indicating the present system at this site had been modified to meet the requirements for an additional bedroom. It is understood that construction is going on at this site. Larry Rappaport made a motion, seconded by Sandra Riendeau, to issue a cease and desist and order Mr. Simmler to appear before the Board.
Cecile Haynes – A statement written by Miss Haynes regarding the several vehicles (or parts thereof) located on her property on Hartlen Avenue (R9 Lot 89) was read to the Board. Miss Haynes stated that three vehicles have been removed and a fourth will be removed shortly. She also stated that the metal and parts had been picked up and sold. She further stated that she was not selling any parts. Larry Rappaport made a motion, seconded by Kevin McKinnon, to send Miss Haynes a letter thanking her for her cooperation and reminding her that only two unregistered vehicles are allowed on a site.
James Gadwah – The Board was informed that Mr. Gadwah had been in for a zoning board of adjustment application in answer to his letter from the Planning Board.
Eric Mitchell – Mr. Mitchell, or his representative, did not appear in answer to his letter of violation regarding the handicapped ramp constructed on his property on Hill Avenue without a permit. Sandra Riendeau made a motion to turn the matter over to the selectmen for enforcement. Edward Carrier seconded and all present agreed.
On the advise of the town’s legal counsel, the Chairman of the Planning Board would be willing to sign an affidavit confirming that no subdivision approval is required to convey the 39-acre lot owned by Roland Dupont in question. It was felt the affidavit already received could not be signed as it was inappropriate to swear to facts the current board and/or chairman had no personal knowledge of. Attorney Desjardins will be so advised.
It was brought to the Board’s attention that there appears to be a well on the property owned by Andre LaCasse on Cree Road (R11 Lot 136). When the permit for the structure on this property was originally issued, it stated that, if running water was ever placed into this building, a state approved septic system must be obtained. A letter will be sent to Mr. LaCasse asking if he has brought water into the building.
Sandra Riendeau made a motion to approve the November 2003 minutes as written. Kevin McKinnon seconded and all present agreed.
The meeting was adjourned at 9:30 pm.
Respectfully submitted,
Sheila M. Beauchemin
| 
