July 13, 2004 Planning Board Minutes
Chairman Mike Ouellet opened the meeting shortly after 7 pm. Members present were Kevin McKinnon, alternates Joe Ippolito, Sandra Riendeau, John Jolles, and Selectman Frank Dumaine. Joe and Sandra were asked to sit in for Steve Garceau and Edward Carrier, respectively.
Others present were Robert and Debbie Brooks, Pauline Lemieux, Gilles and Pierette Champagne, Leonard Martel, Anthony Biron, Carol Hodge, Trent Porter, Kevin Moore, Dan Hebert, Brian Beaton, Jil Donovan, Richard Prime, Richard Sytek, David Brunault, Donna Jordan and Sheila Beauchemin.
Terrence F. Rosi - Construct access to property owned by Parker Hicks on Titus Hill Road (U13 Lot 6). A letter of permission from Mr. Hicks was attached. Originally, this was thought to be a second access to Mr. Rosi's one lot as shown on the tax map for the Town of Colebrook. Review of a 1978 subdivision completed for Ellen Stickney, however, determined that Mr. Rosi's property actually consisted of two parcels; therefore, this access would be the primary access for Parcel #2 with 265' line of sight in each direction and consisting of a right-of-way through Parker Hicks property. Sandra Riendeau made a motion to approve the permit; John Jolles seconded and all present agreed. APPROVED - #2004-58
Upper Connecticut Valley Hospital - Construct second access to property currently owned by Gerald Haynes located on Corliss Lane (U2 Lot 3). Public Works Director had indicated that there was a 400' line of sight in both directions. Sandra Riendeau made a motion to approve the permit, conditional on the purchase of the property and letters of approval received from the abutters agreeing to the site plan waiver. Frank Dumaine seconded and all present agreed. CONDITIONAL APPROVAL - #2004-59
Richard Feltham - Construct second access to his property located on Piper Hill Road (R6 Lot 30). The application indicated that a subdivision would be forthcoming for this property. Line of sight was indicated at more than 500'. Sandra Riendeau made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-60
Gilles Champagne - 40' x 73' garage for logging equipment to be placed on his property behind Northern Tire (U5 Lot 36B). He will be applying for connection to town water and sewer. Joe Ippolito made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-61
Robert & Deborah Brooks - 14' x 70' mobile home with two bedrooms, 8' x 20' deck and 8' x 12' shed to be placed on their property on Route 145 (U5 Lot 31A). Town water and sewer will be connected. Joe Ippolito made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-62
Carol Hodge - 8' x 24' stripped construction trailer for storage and occasional overnight camping to be placed on Katherine Campbell's property on Route 26 (R10 Lot 131). A statement from Mrs. Campbell indicated her permission. Ms. Hodge stated that there was a portable toilet on site and no running water. Mike Ouellet reminded Ms. Hodge that if running water is every put into this structure, a septic system meeting state and federal guidelines would be necessary. He also stated that the Planning Board had the right to ask for pumping receipts for the portable toilet periodically. Because this unit is a trailer on wheels for storage and camping, it would be necessary to renew the permit yearly. Sandra Riendeau made a motion to approve the permit; Frank Dumaine seconded and all present agreed. APPROVED - #2004-63
Paul and Patricia Martel - Enclosed walkway from the newly created parking lot to the entrance of the apartment located at 207 South Main Street. Mr. Martel explained that this building had formerly contained nine small apartment, which he is renovating into six larger ones. His application indicated that the back setback was only one (1) foot; therefore, the Planning Board had no option but to deny the permit since the Zoning Ordinances for the Town of Colebrook state that every structure placed on a lot shall be at least ten (10) feet from the side and rear property lines. The Board, however, stated that they supported the Martels with their endeavor and would indicate as such to the Zoning Board of Adjustment if they wished to appeal. DENIED
Anthony Biron - 8' x 12' deck on back of residence and 8' x 8' addition to shed located on his property on Route 26 (U9 Lot 2). It was noted that the right property line setback for the addition to the shed would be three (3) feet. Because the Zoning Ordinances for the Town of Colebrook state that every structure placed on a lot shall be at least ten (10) feet from the side and rear property lines, the Planning Board had no option but to deny the permit. Mr. Biron was advised that he had the right to appeal the Zoning Board of Adjustments for a variance. DENIED
Anthony Biron - Erect a stockade fence on the right hand (roadside) and down the right side of his property, one to two feet back from the property line. Kevin McKinnon made a motion to approve the permit; Frank Dumaine seconded and all present agreed. APPROVED - #2004-64
C.N. Brown Company - Add a blue illuminated stripe to the existing gas canopy located at 158 Main Street (U8 Lot 71). This permit was originally reviewed as a sign permit and indicated that the word "Mobil" would be moved from one side of the canopy to the other. A question was raised as to whether this constituted a sign or building structure. John Jolles suggested that the Board consider the original intent on the sign limitations regarding size and illumination. His belief was that the idea was to size and a certain amount of illumination to keep a sign from being obnoxious. Kevin Moore, representing CN Brown, stated that the company has never had a complaint since installing this type of canopy. Mike Ouellet asked if there was one close by that, the Board could see prior to approving the
permit. Mr. Moore remarked that the town of Lancaster had just approved the same type canopy a week ago, but it was not up yet. He also remarked that that Board had asked the same type questions. Frank Dumaine asked if the light within the canopy would be a separate switch. Upon an answer in the affirmative, Frank suggested that if the blue light is brighter than CN Brown represents, the Board could review again and ask for it to be turned off. Mr. Moore stated that the light would only be on during the hours of operation for The Big Apple establishment. Joe Ippolito made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-65
Mike Konosky - 28' x 64' four-bedroom home to be placed on his property located on Russell Road (R12 Lot 80). Because there was no approval for construction of a septic system from the State of New Hampshire, or at the minimum, a letter from a licensed septic designer, Joe Ippolito made a motion to table the permit. Sandra Riendeau seconded and all present agreed. TABLED
Brian J. Beaton - 12' x 48' two-bedroom home to be placed as a rental unit on his property located on East Colebrook Road (R11 Lot 127). An approval for construction from DES for a septic system was attached. Mr. Beaton stated he intended to use an access to this residence, which already existed. It was determined that the former owner had used this access for seasonal farm purposes only. Because this access would now be used more frequently, the Board determined it was necessary for Mr. Beaton to file a driveway permit so that the safe-line of sight for all season could be ascertained. Mike Ouellet questioned if a site plan was necessary since Mr. Beaton's lot will change from residential to commercial. It was determined that a site plan only comes in to play when there are more than three rental
units. Mr. Beaton was reminded, however, that because this would be a rental unit, all electrical and plumbing needed to be completed by a person with a NH Master's license. Sandra Riendeau made a motion to approve the permit, conditional on receiving approval for a second driveway. Frank Dumaine seconded and all present agreed. CONDITIONAL APPROVAL - #2004-66
Guy LaPerle - 50' x 102' 8" addition to the present supermarket located on Route 3 North (U1 Lot 12-2). Daniel Hebert explained that there would be no change in product, just an expansion of the produce and deli section, along with some incidental sale items. He noted that the exit from the back of the lot would not be affected. The red canopy on the front of the building would be replaced with a pitched, gable roof, in affect creating space for offices. When asked if a new sign would be needed, Mr. Hebert stated that none were included in his contract. It was noted that the addition was extending over the present sewer system; therefore, a new septic design would need to be completed. John Jolles remarked that this area is becoming a really intensive commercial area and the access
road is inadequate to serve the businesses. It was understood that the access is a state issue and there was little that could be done about it. Joe Ippolito made a motion to approve the permit, conditional on receiving NH DES approval for constructtion of a septic system. Sandra Riendeau seconded and all present agreed. CONDITIONAL APPROVAL - 2004-67
Trent and Claudette Porter - 14' x 72' mobile home with present camp turned into a shed on his property located on Leigh Lane (R11 Lot 32). Mr. Porter explained that the septic facility presently in placed consisted of a handicapped portable toilet within the camp, which is dumped into a 55-gallon drum on top of the ground. The drum is pumped when necessary. He stated that the facility had not been placed in the ground to avoid contamination of his well. He further stated there is no running water within the camp. Mike Ouellet stated that DES rules that there are only certain ways septic can be handled - state approved septic system; portable toilet; chemical toilet, or state approved outhouse. He commended Mr. Porter for his ingenuity but his set-up did not meet state specifications; therefore,
the Board could not approve it. Mr. Porter asked if, rather than an outhouse, could he use a cement tank with cover to eliminate odor. Again, this would not meet state standards. Mr. Porter then agreed to build a state-approved outhouse. Joe Ippolito asked if the new mobile home would contain a sink and shower; and, if so, where the wastewater from that would be going. Mr. Porter stated that mobile home does have one but they would not be connected to water. Kevin McKinnon made a motion to approve the permit, conditional on a state approve outhouse being constructed and inspected. Frank Dumaine seconded and all present agreed. CONDITIONAL APPROVAL - #2004-68
Allen Dumont - 24' x 36' garage to be placed on his property on Route 145 (U5 Lot 33A). Mr. Dumont indicated on his application that the property fell within the flood zone and that the structure would meet floodplain guidelines. Due to fact that Mr. Dumont was not there to answer any questions, the Board tabled the permit. TABLED
Upper Connecticut Valley Hospital - 12' x 20' handicapped ramp to be placed at the residence currently owned by Gerald Haynes on Corliss Lane (U2 Lot 3). Sandra Riendeau made a motion to approve the permit, conditional on the purchase of the property and letters of approval received from the abutters agreeing to the site plan waiver. Frank Dumaine seconded and all present agreed. CONDITIONAL APPROVAL - #2004-69
Daniel C. Lynch - 20' x 20' shed, with no running water, to be placed on his property located on Titus Hill-Hartlen Avenue (R9 Lot 93). Sandra Riendeau made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-70
John M. Zavala - 44' x 57' four-bedroom home to be placed on his property on Aldrich Road (R6 Lot 34). A letter from septic designer Leo MacKinnon indicated that the property would support a four-bedroom structure. Sandra Riendeau made a motion to approve the permit, conditional on receipt of approval for construction of a septic system from DES. Frank Dumaine seconded and all present agreed. CONDITIONAL APPROVAL - #2004-71
Jay H. Weir - 55' x 100' pole barn to be placed on his property on 679 East Colebrook Road (R12 Lot 118). Kevin McKinnon made a motion to approve the permit; Frank Dumaine seconded and all present agreed. APPROVED - #2004-72
Bradley Montague - 8' x 12' shed to be placed on property owned by Harold Davis, bordering Dupont Drive (U6 - Lot 10-1N). A letter of permission from Mr. Davis was attached. It was noted that the front property line setback would be ten (10) feet. Because 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, the Planning Board had no option but to deny the permit. Mr. Montague was advised that he had the right to appeal the Zoning Board of Adjustments for a variance. DENIED
Rick & Nancy Hersey - (Tabled in June due to lack of septic facility information) 22' x 28' cottage, with a state-approved privy, to be placed on their property off Fish Hatchery Road (R9 Lot 52). Mr. Hersey had indicated that a chemical toilet would be installed within the cottage once it was built. Kevin McKinnon made a motion to approve the permit, indicating that if running water is every put into the structure, state and federal guidelines for a septic system will need to be complied with. Joe Ippolito seconded the motion and all present agreed. APPROVED - #2004-73
David Hawes - 8' x 10' shed to be placed on his property on Route 26 (R8 Lot 12). Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-74
Suzanne Carrier - Replace present pool deck with an L-shaped one; replace current 8' x 10' pump house with a 10' x 14' one, and replace existing 124' fence with one equaling 136 feet at her property located at 401 Titus Hill Road (R9 Lot 103). Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-75
Sandra Riendeau removed herself from the Board.
Gaston & Sandra Riendeau - Construct a porch gable entrance on their residence located at 20 Spring Street (U13 Lot 18). Kevin McKinnon made a motion to approve the permit; John Jolles seconded and all present agreed. APPROVED - #2004-76
Sandra Riendeau resumed her position on the Board.
Deborah Haynes - 10' x 20' storage shed to be placed on Lot 64 in the Windsor Park Estates Trailer Park. It was noted that there was no letter of permission from the landowner, Castmin Realty. Kevin McKinnon made a motion to approve the permit, conditional on receiving permission from Castmin Realty. Sandra Riendeau seconded the motion and all present agreed. CONDITIONAL APPROVAL - #2004-77
Kim & Adam Ori - 15' x 21' deck placed on their residence at 21 Parsons Street. This permit was denied in June due to the lack of property line setbacks. The original application indicated that the left boundary line was six (6) feet form the neighbor's property; however, the Zoning Board of Adjustment minutes indicated that the deck would be built on the neighbor's property. ZBA board members asked that a letter be presented from the neighbor, indicating the they gave permission for the Ori's to build the deck on their property. The letter received stated only that Mr. Beaton had no problem with them building the deck; no mention was made about it being placed on Mr. Beaton's property. Mr. & Mrs. Ori will be asked to attend the August 10th Planning Board meeting. TABLED
Upper Connecticut Valley Hospital - 6' x 20" sign affixed to a pole, stating "Upper Connecticut Valley Hospital Home Health". The pole will be parallel to Corliss Lane and situated on property currently owned by Gerald Haynes. Sandra Riendeau made a motion to approve the permit, conditional on the purchase of the property and letters of approval received from the abutters agreeing to the site plan waiver. Frank Dumaine seconded and all present agreed. CONDITIONAL APPROVAL - #2004-78
Copper Leaf Gift Shop - 4' x 6' sign with fluorescent lighting to be placed on the building located at 232 Trooper Leslie G. Lord Memorial Highway. It was indicated that this is the sign currently placed near the highway entrance. John Jolles made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-79
Kheops International Inc. - 4' x 8' sign to replace the 4' x 6' sign currently near the highway entrance, indicating the "Copper Leaf Gift Shop". Joe Ippolito made a motion to approve the permit and waive the fee, as this was an adjustment on the previous application; Sandra Riendeau seconded and all present agreed. APPROVED
Request for Waiver of Site Plan Regulations:
Pauline Lemieux - Request for waiver of site plan regulations for the use of the property located at 128 Main Street. The waiver was requested with respect to the site being used for display of products for sale. Mrs. Lemieux indicated that the removal of the house had greatly improved the line of sight along Route 3. She further stated that the grounds for the waiver were that the site is an extension of the existing business, indicating that the land on all three sides of this site has been used previously for display.
Kevin McKinnon made a motion to approve the waiver; Sandra Riendeau seconded and all present agreed. Mrs. Lemieux was 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
Upper Connecticut Valley Hospital - Request for waiver of site plan regulations for the use of the property currently owned by Gerald Haynes at 16A Corliss Lane. The waiver was requested with respect to the house being converted to office space for Home Health, along with adding a handicap ramp, parking for six vehicles and an additional driveway. Clement Berry explained that the grounds for the waiver were that the house is situated at the end of Corliss Lane, and since Home Health is currently housed in the Hospital, there would be no additional traffic. He explained that there are currently three employees on an 8 am to 5 pm shift, with some visiting nurses coming and going throughout the day, for a total of 5 to 6 employees. No patients would be seen for services at this site. More parking space
would be needed in front of the house, and it is proposed to move the bushes down closer to the road to create a screen. It was noted that Gerald Haynes had given permission for the changes; however, the hospital is negotiating purchase of the property. Mr. Berry indicated he had not spoken to the abutters. Joe Ippolito made a motion, seconded by Frank Dumaine, to approve the site plan waiver, conditional on receiving letters from the abutters stating their agreement to this endeavor. Mr. Ouellet reminded Mr. Berry that, should there be a problem regarding this site in the future or the abutters did not support this endeavor, the Planning Board has the right to ask for a full site plan review and public hearing. CONDITIONAL APPROVAL
Subdivision Public Hearing:
David Brunault - Chairman Ouellet read the subdivision application for Maple Ridge Acres off Ramsay Road on property owned by Julie and David Brunault, identified as on the Town of Colebrook Tax Map as R7 Lot 14. The subdivision would create fifteen (15) lots. Kevin McKinnon made a motion to accept the application as presented; Joe Ippolito seconded and all present agreed.
The Board then reviewed the preliminary layout of the subdivision. Mr. Brunault explained that the five to eight acre lots would be for sold as house lots for second-home buyers. No mobile homes or camper trailers will be allowed. The access road would be built to town specifications with no grades greater than 11.3%. Until six lots are sold, David will maintain the road, at which time, the landowners would continue maintenance through the formation of an association. Joe Ippolito remarked that he felt the road construction should be reviewed by the public works director. Dave stated that he had no problem with someone supervising the construction or with putting up a bond until the work is completed. Sandra Riendeau questioned if a cul-de-sac was necessary for fire equipment. Dave
stated that he had been assured that the largest emergency vehicle would have no problem with the access proposed.
Dave then asked for a variance from the subdivision regulation that all roads over 600' be looped or exit onto another Class V highway. He explained that he had tried to use the layout of the land to develop the lots and a looped road would cut up the lots. John Jolles stated that a looped road was important in regards to access and safety vehicles, using the example that if a tree fell across one section of the access, a loop would allow vehicles to still get through. Mike stated that in order for him to agree to a variance, it would have to be for the reason that it was impossible to put in a looped road, not because it would ruin the layout of the land development. It was agreed that, before a decision could be reached on the variance request, the Board members would like to walk the property and visualize the
access road. A time and date were set for this. It was also agreed that the variance must be presented to the Board in writing.
Mr. Brunault was reminded that the new GIS regulations require that, if you disturb over an acre of soil, you need a GIS permit. It was questioned if the construction of the access road would meet this requirement. He was also advised that the crossing of any brooks to construct the road might require a wetlands permit. Public hearing continued.
Kevin McKinnon made a motion to pay the invoice from the News and Sentinel for $44. Sandra Riendeau seconded and everyone agreed.
In regards to Larry Hartlen's building violation on Hartlen Avenue, the Board was advised that Mr. Hartlen has asked permission to move the utility pole and redo the road so that the property setbacks will be in place for his garage. He has been advised by letter that he has 30 days in which to accomplish this.
It was noted that the second Tuesday of the month in September was Primary Election Day. Due to this conflict, it was determined to hold the September Planning Board meeting on Thursday, September 16th and to advertise as such.
In answer to a question in regards to the placement of a water well, the Town of Colebrook follows the state regulations.
Mike O'Donnell questioned if he would be allowed to have family members place six travel trailers on one piece of land that he owns. It was questioned as to whether this would constitute a campground. The Board would be unable to render a decision until more information was forthcoming, such as duration, septic facilities, etc.
It was noted that George Heald had removed the unregistered vehicles and unsightly debris in front of his residence on Spring Street.
It was noted that Richard and Karen Willey had received a release for protective well radii from DES for their property located on Bear Rock Road.
A letter from Robert Shaw requesting the Planning Board to require a site plan from Marie Josee Vaillant regarding her property on Angels Road was reviewed. Mr. Shaw wrote that the site plan regulations state the purpose is to protect the public health, safety and welfare, to protect property values; to prevent premature and uncoordinated development of land without the adequate provision of public services and facilities; to avoid unnecessary and adverse impacts on neighboring property and uses, and to guide the character to development. He further stated that Ms. Vaillant has permits to build a 40' x 60' garage, a 40' x 150' garage and an apartment house complex consisting of nine bedrooms. He remarked that a press release stated these garages would be used to house several pieces of equipment, including a large
excavator and several tractors and that, a gravel pit has been opened and a system of road built. After review of the letter, the Planning Board members determined that:
1) The building permit for the 40' x 60' garage had stated there would be included a two-bedroom apartment.
2) The garage to store equipment is legal.
It was questioned if Mr. Shaw could see the house from his property. If not, it was questioned how his property was devalued.
To the Board's knowledge, Ms. Vaillant has not applied for any development requiring a site plan.
The following certificates of occupancy were reviewed and signed:
Celeste Purrington – Above ground pool with deck, Pleasant Street
Karl Strong – Deck, Edwards Street
Patrick & Michelle Gorman – Shed, Fish Hatchery Rd
Glenn W. Perry – 12’ x 20’ four-season room, E. Colebrook Rd
Kerry Magee – 32’ 28 house (no garage), E. Colebrook Rd
Brad Montague – Shed, Dupont Drive
Anthony Biron – Fence, Rte 26
Wayne Frizzell – Shed, Colby Street
JFA Leasing – Two decks & replace roof, E. Colebrook Rd
Frank Dumaine – Carport, Bungy Rd
Thomas & Mary Marallo – Fence, Bridge St
David Brunault – Self storage buildings, off Rte 3 North
Driveway permits from the State of New Hampshire for Linda Staples and Robert Grant on Route 26 were reviewed.
The following approvals for construction and/or operation from DES were reviewed:
Dean Stockwell – 2BR, Diamond Pond Rd (R2 Lot 20) (Operation)
Michael Williams – 2BR, Nash Road (R12 Lot 176) (Operation)
Barry & Diane Graham – 1050 GPD, Notchview Country Inn (R10 Lot 93) (Operation)
Jeffrey Marchand – 3BR, A. Shallow Road (Operation)
Brian Beaton – 2BR, E. Colebrook Rd (R11 Lot 127) (Construction)
Tim Hallisey – 3 BR, Reed Road (R11 Lot 97) (Construction)
Patricia & Stephen McCormack – 2BR, Diamond Pond Rd (R2 Lot 9) (Construction)
Craig Weed – 2BR, Green View Acres (R12 Lot 89) (Operation)
Kenneth Times – 2BR, Roaring Brook Road (R12 lot 90) (Construction)
Linda & Thomas Yorke – 3BR, L. Forbes Rd (R10 Lot 98) (Construction)
Joe Ippolito made a motion to approve the June minutes as written; Sandra Riendeau seconded and all present agreed.
The meeting was adjourned at 11:00 pm.
Sheila M. Beauchemin