May 11, 2004 Planning Board Meeting
Vice Chairman Edward Carrier opened the meeting shortly after 7 pm. Board members present were Kevin McKinnon, Sandra Riendeau and Selectman Frank Dumaine. Sandra was asked to sit in for Mike Ouellet.
Others present were Jon Cowan, James Kenny, Albert Biron, Donna Jordan, Luci Fillion, Richard Prime, Wayne Brown, Frances Haynes, Duane Call and Sheila Beauchemin.
Mike Ouellet arrived at 7:20. The following slate of officers were nominated: Chairman - Mike Ouellet; Vice Chairman - Edward Carrier and Secretary - Kevin McKinnon. Sandra Riendeau made a motion to accept the nominations as presented; Kevin McKinnon seconded and all present agreed. Chairman Ouellet continued the meeting.
Building Permits:
Anthony A. Biron - Erect an 8' x 24' fence on the road-side of his property on Route 26 (U9 Lot 2) with a lean-to roof on backside of fence to cover his woodpile. Sandra Riendeau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-27
Lewis Oil Co. Inc. - 22' x 31' roof to be placed over cement piers on Bridge Street (U7 Lot 8). This permit had been denied last month due to lack of property line setbacks. Since that time, the Zoning Board of Adjustment had granted a variance for the property line setbacks. Edward Carrier made a motion to approve the permit, noting the Zoning Board of Adjustment variance. Sandra Riendeau seconded and all present agreed. APPROVED WITH VARIANCE - #2004-28
Craig Weed - 28' x 36' two-bedroom residence on Green Mountain Drive (R12 Lot 89). Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-29
Patrick & Michelle Gorman - 16' x 16' salt-box shaped storage building on their property on Fish Hatchery Road (R5 Lot 32). Edward Carrier made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-30
Michael Williams - 26' x 32' two-bedroom wood frame camp on Nash Drive (R12 Lot 176). A letter from North Country Septic indicated a design had been filed with the state. Kevin McKinnon made a motion to approve the permit, conditional on receiving approval for a septic system design from DES. Edward Carrier seconded and all present agreed. CONDITIONAL APPROVAL - #2004-31
Thomas & Micheline Brooks - Extend permit #2003-39 to build a residence on South Hill Road. Sandra Riendeau made a motion to extend the permit for one year, until May 2005. Kevin McKinnon seconded and all present agreed. EXTENDED
North Country Community Recreation Center, Inc - 70' x 96' pool building with attached 40' x 65' reception/locker room area on Lynch Drive (U4 Lot 10 & 10G). It was noted that this facility will be connected to town water and sewer. Edward Carrier made a motion to approve the permit and waive the fee. Kevin McKinnon seconded and all present agreed. APPROVED - #2004-32
Mike Ouellet asked about the issues that existed regarding the traffic and entrance to the property. Jon Cowan remarked that the committee is dealing with the abutting landowners to acquire the land to widen the entrance at Route 3. Sandra Riendeau stated that currently two large suburbans can meet without difficulty. Mr. Cowan stated the pedistrian issue is still being addressed but it is needed to get an easement at least.
Wayne & Pam Frizzell - 10' x 16' storage shed to be placed on their property on 52 Colby Street (U12 Lot 39). Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-33
Deborah Gadwah-Lambert - 12' x 24' deck to be placed on the residence located at 23 Corliss Lane (U5 Lot 14). It was noted by Mrs. Lambert that she will be purchasing the home as soon as the estate is settled and that she has lived there since January 2003. Kevin McKinnon made a motion approve the permit, conditional on receiving a letter of approval from the executor of the estate. Edward Carrier seconded and all present agreed. CONDITIONAL APPROVAL - #2004-34
Brad Montague - 8' x 8' shed to be placed on his property on Dupont Drive (U6 Lot 1A). Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-35
Ducret's Sporting Goods, LLC - Six-foot fence to enclosed L.P. gas pump station located beside Ducret's Sporting Goods on Main Street (U8 Lot 140). Kevin McKinnon made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2004-36
Lawrence Pryor - Newman Funeral Home - 24' x 28' chapel / visitation room to be added to the present funeral home located on 136 Main Street (U8 Lot 142). Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-37
Frank Dumaine removed himself from the Board.
Frank Dumaine - 14' x 30' shed structure to be attached to the existing garage at his residence on Bungy Road. Kevin McKinnon made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2004-38
Frank resumed his position on the Board.
James M. Kenny - Add 7' x 10' to existing wood deck at his residence on Route 3 South (R7A Lot 21). Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-39
Sandra Riendeau removed herself from the Board.
Sign Permits:
Colebrook Downtown Development Association - 28" x 34" sign to be placed on the Williams Building at the corner of Main and Spring Street. Kevin McKinnon made a motion to approve the permit and waive the fee; Edward Carrier seconded and all present agreed. APPROVED - #2004-40
Colebrook Downtown Development Association - 3' x 4' sign, stating "Main Street Community", to be placed at the north end of town on Gifford's property. Kevin McKinnon made a motion to approve the permit (permit fee waived), conditional on receiving written permission from the landowner and State of New Hampshire (if applicable). Edward Carrier seconded and all present agreed. CONDITIONAL APPROVAL - #2004-41
Northern Tire - Seventeen three-foot letters to be placed on his building located at 119 North Main Street. This permit was denied last month due to the ordinance that it is unlawful to erect any sign over 36 square feet. Since that time, the Zoning Board of Adjustment has granted Mr. LaPerle's request for a variance. Edward Carrier made a motion to approve the permit, noting the Zoning Board of Adjustment's variance; Frank Dumaine seconded and all present agreed. APPROVED WITH VARIANCE - #2004-42
Colebrook Office Supply - 30" x 48" sign to be attached to the iron bracket affixed to the front of the store at 179 Main Street. Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-43
Colebrook Downtown Development Association - 3' x 4' sign, stating "Welcome to Downtown Colebrook", to be placed on the traffic island across from Northern Outlet, Route 3 South. Sandra Riendeau stated that Greg Placey from the Department of Transportation was aware of this sign placement. Kevin McKinnon made a motion to approve the permit, with permit fee waived; Edward Carrier seconded and all present agreed. APPROVED - #2004-44
Colebrook Downtown Development Association - 42" x 66" oval sign to replace the current one situated at 170 Main Street. Kevin McKinnon made a motion to approve the permit and waive the fee; Edward Carrier seconded and all present agreed. APPROVED - #2004-45
Subdivision and Boundary Line Adjustment Public Hearing:
Frances Haynes - Chairman Ouellet read the application indicating that Mrs. Haynes would like approval for a two-lot subdivision and boundary-line adjustment of her property on Hughes Road (R6 Lot 25). The subdivision would create a 2.03 acre lot while the boundary-line adjustment would create two parcels, equaling .092 acres and 9.17 acres to be added to the current Ronald Haynes property. Mrs. Haynes will retain 139.6 acres of the original acreage. A variance of subdivision plat requirements showing ground topography, including brooks and wetlands and soils type lines was requested for the following reasons:
1) A separate map of Lot 1 has been prepared for NHDES subdivision approval and is attached to the subdivision application.
2) Lot 2 is not considered a building lot at this time and is shown for reference only.
3) The expense of obtaining accurate topography of Lot 2 would create a financial hardship.
4) The boundary-line adjustment lots, Parcel A & B, enlarge the existing Ronald Haynes lot only and creates no new building lots.
5) Soils type lines on the SCS map are on a much different scale and could result in inaccurate representations of the soil types.
Kevin McKinnon made a motion to accept the application and the variance request as presented; Sandra Riendeau seconded and all present agreed.
Jon Cowan explained that the two-lot subdivision was creating a 2.03 acre house lot where Mrs. Haynes home is located. He explained that there is a drilled water well on the lot and approval had just been received from NHDES for the subdivision. The residence already has a state approved septic system. He indicated that there is a 15’ right-of-way reserved across Lot 1 for the purpose of access to Lot 2. The right-of-way runs along an existing tractor or farm road. This right-of-way is also reserved by Mrs. Haynes across the newly created Parcel B being conveyed to Ronald Haynes. Mr. Cowan noted that the outside lot dimensions along the Carlson and Kenney property were not monumented.
In answer to Mike Ouellet’s question as to whether any other covenants were involved with the boundary-line adjustment other than the 15’ right-of-way for personal use, Mr. Cowan answered in the negative.
Kevin McKinnon made a motion to approve the subdivision and boundary-line adjustment as presented. Edward Carrier seconded and all present agreed. #616
Edward Nash Site Plan, Lot 20, Route 26:
Chairman Ouellet explained that, before any action or discussion regarding the discharge of the mortgage the Town currently holds on the Nash property on Route 26 is conducted, a public meeting needs to be advertised and abutters receive certified mailing. He felt that along with discussing the entitlement to discharge the mortgage, the issue of compliance with the site plan approval conditions could also be discussed. Mr. Ouellet recommended to the Board that a special date be set for the discussion, separate from the regular Planning Board meeting. If the Board found the site plan conditions not in compliance, one option would be to not release the mortgage.
Richard Prime stated he felt the site plan should be revoked. He did not feel another public hearing was necessary; that it was just a waste of time. He related that there were police logs of various calls to dispatch regarding compliance issues and he questioned what was needed to revoke the plan.
Chairman Ouellet explained it was necessary that all the public be heard, and that the Town would be represented by Attorney Waugh. It was not until after a public hearing that the Board could decide to revoke the site plan or whatever.
Larry Rappaport explained that the Town had been back to Court to enforce the last judge's decision to pay legal fees. Mr. Nash had been ordered to pay within 30 days; and, if he does not pay, he will be in contempt of court.
Sandra Riendeau made a motion to hold a public hearing on Tuesday, May 25th at 7 pm. This died for lack of a second.
Wayne Brown asked why it was necessary to have a public hearing again. He stated he had left his home at 7 pm to come to the meeting, and a skidder was being unloaded in violation of the stated hours of operation on the site plan. He felt everyone had been down this road before regarding public hearings. It was explained that it was necessary to lay the groundwork in case this issue should go back to court. However, it was necessary to have a public hearing as by law Mr. Nash has to have a chance to do what he said he would.
Kevin McKinnon made a motion to have a public hearing on May 25th to invite Eddie Nash in to discuss the entitlement to discharge the mortgage and compliance of the site plan approval. After discussion, Kevin amended his motion to read "a public hearing on May 25th or later to coinside with Attorney Waugh and meet the RSA requirements." Edward Carrier seconded and all present agreed.
Bills:
Kevin McKinnon made a motion, seconded by Edward Carrier, to approve payment of the invoice from the News & Sentinel for $44; Jordan Associates for $19 and Liebl Printing for $60.
New Business:
The Board was advised that a copy of a petition to Superior Court from Attorney James Michalik had been received regarding the Colebrook Planning Board's denial of Jon Nugent's site plan last month to operate his business 24 hours a day.
It was questioned if a driveway permit was necessary if someone was to use an access previously used for tractors during haying season. Because such an access would now be used more frequently, the Board determined it was necessary to file a driveway permit so that the safe-line of sight for all season could be ascertained.
A complaint regarding a residence on Hill Avenue having three unregistered cars, ski-doo parts and garbage not taken care of was reviewed. It was noted that Dr. Soucy had spoke to the residents about the garbage and it was being taken care of. It appears one car and the ski-doo parts had also been removed.
A citizen, reading the Zoning Ordinances on the Town's website had noted that roads shall be well graded and maintained in trailer parks. The condition of the roads in Windsor Park Estates were questioned. Town Manager Donna Caron will send a letter to the owner of the trailer park, reminding him of the town ordinance.
Frank Dumaine stated he had received a complaint regarding the accumulation of old lawnmowers, motorcyles, etc. outside the establishment known as See Moon. Mike Ouellet stated he would inspect the area, and ask that a letter of violation be sent if this appears to be the case.
It was noted that Dick Sluben had contacted the Board regarding the stockade fence put up by his neighbor prior to his purchasing his property. Mr. Sluben questioned if it was located on his property. The Board's general concensus is that it is up to Mr. Sluben to prove the fence is located on his property; and if it is, it becomes a civil issue.
The Board was advised of the upcoming "Expanding Growth in the North Country", sponsored by North Country Council in June.
Old Business:
In verification of a complaint received regarding too many unregistered vehicles being found on Larry Hartlen's property, a planning board member viewed the site and found only two vehicles, both registered.
The following certificates of occupancy were reviewed and signed:
-- Arthur Beauchemin - Residence, Diamond Pond Road
-- David Hayes - Addition to Residence, Munn Road
Kevin McKinnon made a motion to approve the April minutes as written. Sandra Riendeau seconded and all approved.
The meeting was adjourned at 9:30 pm.
Respectfully submitted,
Sheila M. Beauchemin
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