January 6, 2004 Planning Board Minutes
Chairman Mike Ouellet called the meeting to order at 7 p.m. Board members present were Kevin McKinnon, Edward Carrier, Selectperson Larry Rappaport and alternate Sandra Riendeau. Sandra was asked to sit in for Steve Garceau.
Others present were Donald Dostie, Jon Cowan, Marty Cowens, John Jolles, Bruce Fowler, Charlie Jordan, Claire Lynch, and Sheila Beauchemin.
Public Hearing for Cluster Housing Regulations:
Mike Ouellet announced the opening of the second public hearing for the Cluster Regulations being proposed by the Planning Board. Jon Cowan questioned why the regulation referred to 15,000 square feet per dwelling rather than per bedroom as required by the state for septic systems. Larry Rappaport explained that the Board had looked at other regulations regarding apartment housing and/or condos and none had been based on bedrooms. Each were based on dwelling units. He agreed that the proposed regulations could not stop the scenario of a two bedroom apartment with twelve people. Larry felt the regulations could be written either way – to bedrooms or square feet per dwelling.
There being no further discussion, Larry Rappaport made a motion to accept the Cluster Housing regulations and definitions as written and to have them put on the warrant for the Town Meeting, March 9, 2004. Sandra Riendeau seconded and all present agreed.
Building Permits:
Susan Beaton Connors - Improve existing building by replacing windows and adding three windows with dormers to the structure on her property on Route 26 (R8 Lot 15).
It was determined that no permit is necessary for this type of construction.
Kevin McKinnon remarked that Ms. Connors had called him asking to hook onto town water and sewer as no facilities exist on this property at present. Because town water and sewer does not go that far, he told her that she would need to speak to the NH Department of Transportation as Route 26 is a state highway. She would also need to obtain permission from the landowners over whose property the lines would need to travel. He further explained that any costs would be her responsibility. It was noted that the lot dimensions are approximately 150' x 250'; therefore, a septic system could probably not be placed on the lot.
Edward Carrier made a motion that Ms. Connors be advised that state regulations require that, if running water is put into a building, it is necessary to comply with state and federal guidelines for a septic system. As it appears no septic facilities exist at present, Ms. Connors should advise the Board of what she plans to do. Larry Rappaport seconded and all present agreed.
Brenda Watts: 28' x 30' cabin to be placed on property owned by Richard Feltham on Blakely Farm Road (R12 Lot 106). Mrs. Watts' permit was tabled originally in August 2003 due to the lack of septic system construction approval; the fact that the number of bedrooms were missing and lack of the application fee. Correspondence received this month from Mrs. Watts indicated that the number of bedrooms will be two. She also enclosed a letter from Karen Dickson of North Country Septic indicating that perk tests had been completed and the septic design had been started. Payment for the building application was also enclosed. Larry Rappaport made a motion to grant approval, conditional on receipt of the paperwork from DES indicating approval of the septic system construction. Kevin McKinnon
seconded and all present agreed. CONDITIONAL APPROVAL - #2004-01
Richard Nadig - 8' x 20' exit deck and staircase to the second floor in the rear of his home located at 15 Bridge Street. Larry Rappaport made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2004-02
Linda and Bruce Haynes: 10' x 16' storage shed to be built behind their business establishment at 177 Main Street. The application indicated that the left property setback was two feet and the right property setback was three feet. 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 form the side and rear property lines (Article IV.1). Sandra Riendeau made a motion to deny the permit; Larry Rappaport seconded and all present agreed. Mr. & Mrs. Haynes will be advised of their right to appeal the determination to the Colebrook Zoning Board of Adjustment. DENIED
Sign Permit:
Richard Sluben - 3' x 4' sign with the Allstate insurance logo to be placed perpendicular to the road on his property at 11 Park Street. Larry Rappaport remarked that it needs to be set far enough back so that it doesn't affect the line of sight of anyone exiting the driveway. He made a motion to approve the permit, conditional on Kevin McKinnon checking the position for line of sight and state approval. Sandra Riendeau seconded and all present agreed. CONDITIONAL APPROVAL - #2004-03
Waiver of Site Plan Regulations:
Richard & Eleanor Sluben - Request for a waiver of site plan regulations for the use of the property located at 11 Park Street. Mr. & Mrs. Sluben propose to change the occupancy from a one family dwelling to a first floor office and one-bedroom apartment on the second floor. Their grounds for a waiver were that that they were not changing the footprint or exterior of the house and that parking would not be an issue as they were proposing to create a two-or-three car parking area in the open rear of the property.
Larry Rappaport made a motion to approve the waiver; Kevin McKinnon seconded and all present agreed. Mr. Sluben will be advised that, should there be a problem regarding this site in the future, the Planning Board has the right to ask for a full site plan review and public hearing. APPROVED
Boundary Line Adjustment Public Hearing:
Donald Dostie - Jon Cowan presented the plan for a boundary-line adjustment between two lots owned by Donald Dostie on Edwards Street (U5 Lot 34 and U5 Lot 67-1). This boundary-line adjustment would remove 0.54 acres from Lot 67-1 and add it to Lot 34. In addition, 0.30 acres would be removed from Lot 34 and added to Lot 67-1. The newly created Lot 67-1 would equal 3.07 acres, while Lot 34 would equal 0.92 acres. It was noted that the size of the newly created lots on the application were incorrect. Once Mr. Dostie had indicated the correct figures, Larry Rappaport made a motion to accept the application; Sandra Riendeau seconded and all present agreed.
Donald Dostie questioned if he would be able to do anything with Lot 67-1 as the floodplain map indicates that a majority of the lot is in the floodplain. Donald remarked that it has only flooded when the beavers are at work. Larry Rappaport stated that Donald would probably need to raise the level where any structures were to be placed. He might also need to obtain a certificate of elevation prior to a building permit being approved.
It was noted that Lot 34 currently has two trailers on the one lot with a single owner. Mr. Dostie rents both trailers. It was noted that this boundary-line adjustment is increases the size of the lot from 0.68 acres to 0.92 acres.
Kevin McKinnon remarked that Edwards Street ends at Lot 34, but the sewer easement goes to the bottom of the hill. Presently the town plows to the pump station.
Larry Rappaport made a motion to approve the boundary-line adjustment as presented. Kevin McKinnon seconded and all present agreed. #611
Richard & Frances Sytek: (continued) Marty Cowens presented the plan for a boundary-line adjustment of the property on Park Street owned by Richard and Frances Sytek. The plan had been reviewed last month and because it appeared that the newly created lots would be smaller than the minimum lot size required by the Zoning Ordinances, a legal opinion had been requested from the town's attorney. A letter from the firm of Mitchell & Bates stated that "the planning board may not modify zoning regulations such as minimum lot size, minimum frontage and minimum setback requirements, none of which these proposed lots appear to meet. In order to deviate from these requirements, the Syteks will require variances from the zoning board of adjustment before the planning board can act upon the requested
subdivision."
Larry Rappaport made a motion to deny the boundary-line adjustment as presented. Kevin McKinnon seconded and all present agreed. Mr. and Mrs. Sytek will be sent a letter explaining the board's denial and their right to appeal to the Zoning Board of Adjustments. DENIED
Subdivision Public Hearing:
Stephen & Patricia McCormack - Jon Cowan presented the plan for a subdivision of property owned by Stephen & Patricia McCormack on Diamond Pond Road (R2 Lot 9). This subdivision would create two lots, equaling 12.6 acres and 5.1 acres. Larry Rappaport made a motion to accept the application; Kevin McKinnon seconded and all present agreed.
Mr. Cowan indicated that the test pit data was not available presently, therefore, he was asking for a variance request. It was noted that the SCS maps indicate that the soils are poorly drained in this area. Mr. Cowan stated that he felt the lots were big enough that the test pit data could be waived. He also pointed out that no building permit was being submitted at this time. Sandra Riendeau asked if it was true that, with the new septic designs, a system could be placed almost anywhere. Kevin McKinnon stated that the receiving soil for a septic system decides and it is not always possible. He further remarked that the plan being considered indicates a limited area acceptable to building on lot 6a.
It was brought to the Board's attention that a phone call earlier in the day from Leon Geil of the Department of Transportation had indicated that two driveways have been approved for Mr. & Mrs. McCormack. John Sumner, the abutter directly across the road from this area, had a representative present to state his concerns regarding the placement of the driveway. He felt the indicated placement almost directly across from his driveway would cause water to run into their driveway and asked if it could be moved twenty feet south. Kevin McKinnon noted that a ditch line and culvert is indicated as necessary and this should control any water problem. It was also determined that if the driveway is angled, there should be no water problem for the Sumners.
Larry Rappaport stated that he would like to see test pit data indicated on the plan prior to the Board's approval. The proposed 5.1 acre lot has a gully running through it and appears to have a very limited building area. This lot is just over the state’s regulations that would require a subdivision from the state prior to the town's approval. He further stated that, due to the winter season, it is not possible to build right now; therefore, he felt the Board should wait until the soil data can be indicated. If it became necessary to approve the plan tonight, he would strongly recommend that the plan contain a statement that Lot 6A was an unbuildable lot.
Mr. Cowan did not believe that Mr. & Mrs. McCormack would want the statement regarding an unbuildable lot and asked for a continuance so that the test pit data could be obtained. CONTINUED
Old Business:
Andre LaCasse - In answer to a possible violation letter regarding the appearance of a well on their property without evidence of a septic system, Mrs. LaCasse called to say that they were not aware that if water was brought into the structure, a septic system had to be in place. Currently they are using the incinolet toilet that was in the building when they purchased it. She stated that Jim Wells has dug the test pits; however, the design has not been sent to Concord. A letter will be sent advising the LaCasses that they need to send a copy of the plan to the Board or the water has to be disconnected.
Larry Hartlen - Mr. Hartlen's building application for a garage to be located on his property on Hartlen Avenue was denied in October 2003 due to lack of property setbacks. He was advised of his rights to obtain a variance from the Zoning Board of Adjustments. Since that time, he has partially completed the ZBA application. This week an unsigned letter was received from a concerned neighbor stating they had come very close to hitting the building due to it being so close to the road. Larry Rappaport made a motion to turn the issue over to the selectmen for enforcement. Sandra Riendeau seconded and all present agreed.
Marc Simmler - Sheila was asked to check with NH Municipal Association regarding the difference between a land use citation versus a cease and desist.
It was brought to the Board's attention that, when the assessors were assigning a tax lot number to the newly created parcel by William and Pauline Weir on East Colebrook Road, the tax map and lot numbers indicated on the subdivision map are incorrect. The application had been changed by the surveyor, Mr. Yorke, to indicate the correct numbers prior to advertising the subdivision; however, the change was not made on the subdivision map. A letter will be sent to Arthur Yorke asking him to submit a corrected map that the Board will then submit to the Registry of Deeds. Mr. & Mrs. Weir will be notified also as they will need to pay the resubmission cost to the Registry.
Larry Rappaport made a motion to approve the following invoices: News & Sentinel ($57.75); Jordan Associates ($47.50); and Mitchell & Bates ($192.20). Kevin McKinnon seconded and all present agreed.
The following certificates of occupancy were reviewed and signed:
Daniel Mercer – Garage, Stevens Hill
Mark & Donna Driscoll – Log Cabin, off Carr Road
Walter Dawson, Sr – Portable garage, E. Colebrook Road
Wendell Woodard – Covered balcony, Lombard Street
The approval for operation for Christine & David Hayes residence on Munn Road was reviewed.
John Jolles has expressed and interest in becoming an alternate for the Planning Board. Larry Rappaport moved to accept the nomination of John Jolles as an alternate. Sandra Riendeau seconded and all present agreed.
Kevin McKinnon made a motion to approve the minutes as written. Larry Rappaport seconded and all present agreed.
The meeting adjourned at 9:15 pm.
Respectfully submitted,
Sheila M. Beauchemin
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