April 6, 2004
Planning Board Minutes
Vice Chairman Edward Carrier opened the meeting shortly after 7 p.m. Board members present were Kevin McKinnon, Selectman Frank Dumaine, alternates Sandra Riendeau and John Jolles. Sandra Riendeau was asked to set in for Steve Garceau.
Others present were Barbara and Roger Turgeon, Larry Rappaport, Jon Cowan, Melanie Vaillant, Dave and Julie Brunault, Guy LaPerle, Brian LaPerle, Sheila Parkhurst, Alan Gleason, Bruce Fowler, Donna Jordan, Claire Lynch, Don Dickson, Peter Rouleau, John Nugent, Derek and Darren Ledoux and Sheila Beauchemin.
Building Permits:
Lewis Oil Co., Inc. – Roof to be placed over the 22’ x 31’ cement piers currently in existence on Bridge Street (U7 Lot 8). Peter Rouleau, representing Lewis Oil, explained that large fuel tanks had originally sat on these piers, with items stored below the tanks. The tanks were removed over six months ago and it is proposed to build a roof over the piers so that items such as small fuel tanks, propane tanks, tires and company equipment can be stored under cover. The application indicated that the back property line setback would equal one (1) foot and the right property line setback would equal one (1) foot.
It was explained that, due to the fact that the tanks had been removed for over six months, this application has to be considered as a new project, and as such, has to meet the current Town of Colebrook Zoning Ordinances which states 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. The Board had no conflict with the proposed project, however, cannot grant a variance to a zoning ordinance. Kevin McKinnon made a motion to deny the permit; Sandra Riendeau seconded and all present agreed. Mr. Rouleau was advised of Lewis Oil’s right to appeal the determination to the Colebrook Zoning Board of Adjustment. DENIED
St. Stephen’s Episcopal Church - Handicap access ramp to extend from the sidewalk to the second level walkway. After discussion, it was determined that a building permit was not needed for this project. Mr. Dickson was advised to contact Dig-Save prior to any excavation. PERMIT NOT NECESSARY
Alan Gleason – 28’ x 30’ garage to replace old one to be torn down on Titus Hill Road (R9 Lot 66). Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-13
Lewis Oil Co. Inc. - 4’ x 19’ handicap ramp with roof and rail at their business at 164 Main Street (U12 Lot 10). A letter of agreement was attached from Russell Woodard. Sandra Riendeau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-14
Darren Ledoux – 10’ x 40’ concrete slab for a 40’ camper trailer to be placed on property located on Forbes Road (R4 Lot 3). Mr. Ledoux stated he would be using a portable toilet and agreed to provide the Board with a copy of his service agreement with a septic hauler. He asked if, in the future, it might be feasible to put in a septic system that would service two separate campers and was advised to ask a licensed septic designer. Mr. Ledoux was advised that, if running water were ever put into the camper, he would need to comply with state and federal guidelines for a septic system. Kevin McKinnon made a motion to approve the permit, conditional on receiving a copy of the service agreement with the septic hauler. Frank Dumaine seconded and all present agreed.
CONDITIONAL APPROVAL - #2004-15
Roger & Barbara Turgeon – Rebuild a 22’ x 25’ one-story cottage lost to fire last year at the location on Route 26, commonly referred to as “Mohawk Cottages.” Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-16
Derek Ledoux – Place a 10’ x 40’ concrete slab for a 35’ camper with portable toilet on his property on Forbes Road (R4 Lot 3). Mr. Ledoux was advised that, if running water were ever put into the camper, he would need to comply with state and federal guidelines for a septic system. Kevin McKinnon made a motion to approve the permit, conditional on receiving a copy of the service agreement with the septic hauler. Sandra Riendeau seconded and all present agreed. CONDITIONAL APPROVAL - #2004-17
Sheila Parkhurst – 30’ x 44’ two-bedroom ranch house to be placed on her property on Route 3 North (U1 Lot 2). Ms. Parkhurst explained that she would be placing her office within the residence. She further stated that the town offices had her application for hook up to the water line. A letter from Karen Dickson of North Country Septic Design indicated that a test pit and percolation test had been conducted and no problem was foreseen for the septic design being approved. Sheila was advised that she must apply for a state driveway permit due to the change in use of the property. Kevin McKinnon made a motion to approve the permit, conditional on receiving the state approval for construction of a septic system and also a state approved driveway permit. Sandra Riendeau seconded
and all present agreed. CONDITIONAL APPROVAL - #2004-18
Linda Haynes - 10’ x 16’ storage shed to be placed on the property located at 177 Main Street (U13 Lot 56). This permit was originally denied due to lack of proper setbacks. The original minutes from the Zoning Board of Adjustment left a question as to whether the building was solely on the property at 177 Main Street. Amended Zoning Board of Adjustment minutes indicated everyone was in agreement that the shed was in line with the existing building and was located on the correct lot. John Jolles approved the permit with the Zoning Board of Adjustment variance. Frank Dumaine seconded and all present agreed. APPROVED - #2004-19
Celeste Purrington - 20’ x 32’ above ground pool with attached deck at her residence at 13 Pleasant Street (U8 Lot 48). Kevin McKinnon made a motion to approve the permit; Frank Dumaine seconded and all present agreed. APPROVED - #2004-20
John & Hellen Bonazzoli – Two 12’ x 20’ carports added to the existing shed located on their property on East Colebrook Road (R11 Lot 122). Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-21
David M. Brunault – Two 30’ x 100’ storage buildings to be placed on his newly subdivided property located off Route 3 North (U1 Lot 13-1). Kevin McKinnon made a motion to approve the permit, conditional on subdivision approval. Frank Dumaine seconded and all present agreed. CONDITIONAL APPROVAL - #2004-22
Thomas & Linda Yorke – 36’ x 80 three-bedroom ranch home with attached two-car garage to be placed on their property on L. Forbes Road (R10 Lot 98-6). A letter from Jim Wells indicated that he was in the process of designing the plan for the septic system. Sandra Riendeau made a motion to approve the permit, conditional on receiving approval of construction for a septic design from the State of New Hampshire. Frank Dumaine seconded and all present agreed. CONDITIONAL APPROVAL - #2004-23
Richard Chapple – 7.8” x 15’ enclosed porch on his trailer located on Lot 65 of the Windsor Park Estates Trailer Park (U3 Lot 16). Kevin McKinnon made a motion to approve the permit, conditional on receiving a letter of agreement from the landowner, Castmin Realty. Frank Dumaine seconded the motion and all present agreed. CONDITIONAL APPROVAL - #2004-24
Sign Permits:
Kheops International Inc. - 4’ x 6’ fluorescent illuminated sign, stating “The Copper Leaf Gift Shop” to be placed at the corner of their property located at 232 Trooper Leslie Lord Memorial Highway. Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-25
Northern Tire (Brian LaPerle) – Seventeen (17) three-foot individual letters to be placed on the building known as Northern Tire at 119 North Main Street. These letters will spell out “Northern Tire” with the designation of garage bays “2-6” underneath it. It was understood that the letters (constituting one sign) would cover an area greater than thirty-six (36) square feet. The Board had no conflict with what Mr. LaPerle proposed to do; however, the Zoning Ordinances for the Town of Colebrook state that it is unlawful to erect any sign which is larger than thirty-six (36) square feet as measured by the product of its total width and total height. Whereas the Board cannot grant a variance, Kevin McKinnon made a motion to deny the permit; Sandra Riendeau seconded and all present
agreed. Brian was advised of his right to appeal the determination to the Colebrook Zoning Board of Adjustment. DENIED
Northern Tire (Brian LaPerle) – 3’ x 12’ fluorescent illuminated sign, stating “Cooper Tires with logo”, to be placed over the doors on the building located at 119 North Main Street. Sandra Riendeau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-26
Waiver of Site Plan Regulations:
Kheops International Inc. - Request for a waiver of site plan regulations for the use of the property located at 232 Trooper Leslie Lord Memorial Highway. Miss Vaillant proposed to open a retail gift shop. Her grounds for a waiver were that the location is already approved for an industrial warehouse and there will be enough parking for customers. The shop will be open the same hours as the warehouse except Saturday, which will be for the store only. Kevin McKinnon made a motion to approve the waiver; Sandra Riendeau seconded and all present agreed. Miss Vaillant 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
Site Plan Public Hearing:
Northwoods Truck Stop (John Nugent) - Vice Chairman Edward Carrier read Mr. Nugent’s site plan application which indicated his wish to increase the hours of operation for the Northwoods Truck Stop located on Route 3 North to be open 24 hours a day. Kevin McKinnon made a motion to accept the application; Sandra Riendeau seconded and all present agreed.
Mr. Carrier proceeded to read the letter from Chairman Mike Ouellet concerning conversations he had had with Mr. Nugent. Mr. Ouellet wrote that he supported Mr. Nugent’s business being open 24 hours, only if there was no opposition from the neighbors regarding the change in hours. If there was opposition, Mr. Ouellet felt the agreement made by John with the neighbors during the original site plan should remain.
Also read into the record was correspondence to the Colebrook Selectmen from Attorney John McKinnon, representing David Brunault,. This correspondence was handed to Chairman Carrier by Mr. Nugent and asked for enforcement of the following conditions precedent by the Selectmen: (1) overnight parking; (2) use of the right-of-way, also known as the IGA access road; (3) failure to address lighted canopy issues; and (4) police patrols after hours.
The Chairman also stated that he had before him a petition from the undersigned Colebrook residents and citizens of the North Country communities requesting the Planning Board allow 24-hour operation of the Northwood Truckstop at Rt. 3 Colebrook, NH. Mr. Nugent stated that 652 signatures had been garnered.
Jon Nugent stated that he felt his business going to 24-hours of operation would eliminate the problem with trucks parking there in the late evening as there would be someone in the store who could tell them to go to the rest area to park. He remarked that, with no one there from 11 pm to 5 am, he could not control trucks parking there.
Abutter Sheila Parkhurst stated trucks currently park on the lot prior to the store closing, and nothing is done. She remarked that, during the summer, trucks would pull in to park at 8 or 9 o’clock at night, at least three nights a week, and leave before 4 a.m. in the morning. She further related that there had been a stalking incidence at this site earlier this year. Further, the area has become a “hang-out” at 2-3 in the morning between the store and the parking lot.
David Brunault continued that it is not just the trucks parking on the lot in the late hours. It is the activity of the trucks running and shifting up and down when arriving and leaving. He further stated that Mr. Nugent had agreed to certain criteria in the beginning and he felt Mr. Nugent had not lived up to the original deal. Small signs regarding “no overnight parking” were put on the pumps. Mr. Brunault indicated he had put up bigger signs. He further stated that he felt the abutter’s have been reasonable and Mr. Nugent should comply with the original agreement. He related that the petition signers were not abutters. He did feel if the truck stop light was turned off when the establishment was closed, there would not be a problem.
Edward Carrier asked about the issue raised in the attorney’s letter regarding the use of the right-of-way, known as the IGA access road. Dave answered that Guy LaPerle had originally had a concern regarding the safety if that access was used. Currently trucks come onto Mr. Nugent’s lot from Route 3, and some leave via the IGA right-of-way – in so doing, they block the traffic attempting to enter the IGA store parking lot with traffic occasionally backing up on Route 3.
John Nugent remarked that he felt the use of the right-of-way was a civil issue and had no bearing on the site plan before the Planning Board. He also felt that trucks parking on the lot overnight was also a civil issue. He commented that he had reviewed the site plan Dave Brunault had just recently put before the Board and noted that it was an ambitious plan. He also noted that no abutters had been present at the meeting and that no restrictions were placed on the plan. He questioned if the endeavor might become a 24-hour operation as storage units are a lock-key establishment and there did not appear that there would be a fence to prevent someone using it at any time. David Brunault answered that the two storage sheds would have a total of 26 units per building and there would be a contract signed
prior to use with the same hours stated in it as Mr. Nugent’s.
Jon Cowan stated that, until a few years ago, Nugent’s shell station had been open 24-hours and was a place people could stop to get gas or use the phone any hour of the night. He further commented that presently there is no place like that for many, many miles in this area, and it would be convenient to have a place to get gas after 11 pm. Sheila Parkhurst remarked that anyone who runs out of gas can contact the police who will help them.
John Nugent stated he would not have gone forward with the site plan if he hadn’t spoken to the abutters first as advised by Mike Ouellet. Abutter Lincoln Smith had told him he had no problem as had Sheila Parkhurst. Sheila remarked that she found out after John had called her that he was using incorrect information. She remarked that she does have an issue with the establishment being open 24-hours, questioning the neighbors being able to get sleep. She also questioned if the police department was large enough to be able to come up and take care of the problems that are inherit with any 24-hour operation. Sheila further related that Lincoln had told her he had no issue at the moment with this development as long as it did not become a ‘hang-out” because they already have to listen to it
now as part of IGA’s parking lot with people “peeling out”.
John Nugent stated that he had been denied 24 hours originally and had been asked to try the stated hours for a while. He remarked that he had followed the stipulations for three years. He further stated that he has tankers delivering at night and they are required to stop over after so many hours so he has told them they can stop on his lot. He did explain that he had told them if it was for an extended period of time, they should go to the rest area. He believed he could control the overnight parking if he was open 24 hours. He also commented that this was the first he had heard about “squealing” of tires.
David Brunault remarked that any tankers he has seen delivering have been during the day, not at night. All he was asking for was six hours of rest.
Kevin McKinnon stated that the original site plan indicated specified hours because of abutter’s objections. He made a motion to hold with the original decision and deny this site plan request to be open 24 hours a day. Sandra Riendeau seconded and all present agreed.
David Brunault asked if the motion could be made with precedence or that Mr. Nugent not be allowed to have this issue reviewed again unless he had the abutter’s signatures in agreement. Jon Cowan remarked that the rest of the site in that area is commercial except for Dave’s residence and he questioned if it would be in Dave’s best interest to put such a caveat on the site. Edward Carrier explained that he was not sure David’s suggestion would be legal. As with everything, there are changes over time and it would not be feasible to close out the public hearing process. Kevin McKinnon reminded Dave that, if he could not be available at a public hearing, there was always the option of writing a letter that would be read into the minutes.
Subdivision Public Hearing:
Stephen & Patricia McCormack (continued) – Jon Cowan presented the final plan for the subdivision of property owned by Stephen & Patricia McCormack on Diamond Pond Road (R2 Lot 9). The original plan, presented in January 2004, had no indication of test pit data on the newly proposed lot due to the winter season and the state approval for a driveway had not been received. To avoid having the statement on the plan that the new lot was considered unbuildable, the McCormacks agreed to continue the hearing until such time a perk test was completed.
The final plan indicated the test pit data had been completed and a copy of the driveway permit from the State of New Hampshire was presented. Sandra Riendeau made a motion to approve the subdivision as presented; Kevin McKinnon seconded and all present agreed. #614
David Brunault – Mr. Brunault presented the application for his two-lot subdivision of his property located on Route 3 North, identified on the Town of Colebrook Tax Maps as U1 Lot 13. Kevin McKinnon made a motion to accept the application as presented; Sandra Riendeau seconded and all present agreed.
Mr. Brunault explained that the newly created .97 acre lot would be where the storage units approved in his site plan earlier this year would be placed. Kevin McKinnon reminded Mr. Brunault that the property line set-backs needed to be twenty feet from the front and ten feet from the back and sides. The approval for subdivision from the State of New Hampshire indicated that it would only be approved with a municipal water supply. Mr. Brunault has spoken with the Town Manager about this issue.
John Jolles remarked that the placement of the right-of-way on this subdivision could possibly hinder future development. It currently is placed approximately 200 feet from the westerly boundary line of Jon Nugent’s property. Review of the site plan approved in March indicated that this right-of-way had been placed at the edge of Jon Nugent’s property. Mr. Jolles also remarked that traffic is going to be a concern.
Kevin McKinnon made a motion to approve the subdivision, conditional on the moving of the 50’ right-of-way to the westerly side of the property, abutting the Nugent property; and to further give the Chairman permission to sign the revised subdivision map upon presentation and review to ascertain the right-of-way is placed correctly. Sandra Riendeau seconded the motion and all present agreed. (Note: Mr. Brunault brought in a corrected subdivision for the Vice Chairman’s signature the following day.) #615
New Business:
The Board reviewed the information from North Country Council regarding the Local Resource Protection Priority data that is being updated.
A question regarding the presence of a yellow bus parked on Larry Hartlen’s property, possibly being used for storage, was reviewed. Also questioned was how many unregistered vehicles may be present on a person’s property. A Planning Board member will view the site.
The following certificates of occupancy were reviewed and signed:
Clyde Gray – Deck, 13 Lombard Street
William C. Weir – Log Home, East Colebrook Road
Thomas Hewson – Deck – Stub’s Trailer Park
Kevin Boudle – Camp – Blakely Farm Road
Old Business:
Weir Subdivision #599 – Arthur York of York Land Services responded to the correspondence from the Board regarding the incorrect tax map and lot numbers on the subdivision map completed for William Weir. Mr. York stated that the plan indicates the actual physical location of the subdivided lot correctly and that the legal description of the boundaries of the lot in the deed does not include the tax map references. He further stated that in many cases, tax map numbers change with subsequent revisions by the town, and he suggested a simple revision of the Town’s copy of the subdivision by crossing out and adding the correct tax map and lot number. The Board agreed with this explanation. Mr. Yorke’s letter will be placed in the subdivision folder for future reference.
Kevin McKinnon made a motion, seconded by Sandra Riendeau, to pay the invoice from the News & Sentinel in the amount of $82.50.
Sandra Riendeau made a motion to approve the March minutes as written; Kevin McKinnon seconded and all present agreed.
The meeting was adjourned at 10:15 pm.
Respectfully submitted,
Sheila M. Beauchemin
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