August 10, 2004 Planning Board Minutes
Chairman Mike Ouellet called the meeting to order shortly after 7 pm. Board members present were Kevin McKinnon, Edward Carrier, Selectman Frank Dumaine and alternates Sandra Riendeau, Joe Ippolito and John Jolles.
Others present were Allen Dumont, Lucie Fillion, Jil Donovan, Brian Beaton, John Strickland, Anthony Biron, Ralph Holmes, Jim Wells, Richard Prime, Wayne Brown, Larry Rapp port, Diane Graham, Barbara Han and Sheila Beauchemin
Mike asked Joe Ippolito to sit in for Steve Garceau. Frank Dumaine left the meeting shortly after 9 pm.
Driveway Permit:
-- Brian Beaton - Construct access to property located on East Colebrook Road (R11 Lot 127). Public Works Director had viewed the site and found that no culvert was necessary. Edward Carrier made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-80
Building Permit:
-- Anthony Biron - 8’ x 12’ deck on rear of residence and an 8’ x 8’ addition to shed, 48 Rte 26 (U9 Lot 2) This permit had been denied last month due to lack of property setbacks. Mr. Biron redesigned the addition to the shed so that the setbacks met zoning requirements. Edward Carrier made a motion to approve the permit as amended; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-81
-- John Strickland - Place a 2’ x 14’ canopy over the door and front window at 119 Main Street, plus add a 42" x 10' landing in front of the door. When asked if there would still be room for two cars to park in front of this area, Mr. Strickland answered in the affirmative. Owner of the store, Bim Rancloes, gave permission for the changes. Kevin McKinnon made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2004-82
-- Kim & Adam Ori - Place a 15' x 21' deck on their home at 21Parsons Street. Last month it was noted that the ZBA minutes indicated the deck would be built on the neighbor's property, rather than six feet from the neighbor's property line as originally submitted. Mr. Ori stated that the deck will be in line with his current home and that the ZBA minutes were in error. Joe Ippolito made a motion to approve the permit, with the ZBA approval of the variance; Edward Carrier seconded and all present agreed. APPROVED - #2004-83
-- Ralph Holmes - 24' x 28' camp to be placed on his property on Blakely Farm Road (R11 Lot 60). Mr. Holmes indicated that he will be renting a portable toilet for septic purposes and there would be no running water within the camp. He was advised that the Planning Board would need copies of the pumping receipts. Mr. Holmes was also advised that, if running water is ever put into the camp, he would need to follow state and federal guidelines for an approved septic system. Edward Carrier made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-84
-- Barbara Hann – 6’ x 8’ pitched roof over entrance to their home on Edwards Street (U5 Lot 39). Edward Carrier made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-85
-- Allen Dumont - 24’ x 36’ garage to be placed at his residence on Route 145 (U5 Lot 33A) This application was tabled last month due to the fact that Mr. Dumont had indicated that the garage would be in the floodplain and he was not present to answer any questions. Mr. Dumont stated that he and Kevin McKinnon had checked the area with the floodplain maps and it does not fall within the floodplain. He had checked that box in error and has since corrected it. Joe Ippolito made a motion to approve the corrected application; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-86
-- Kenneth Times - 24' x 30' dwelling (no number of bedrooms noted) to be placed on his property on Upper Roaring Brook Road (R12 Lot 90). Mr. Times indicated that the road was maintained by the landowners. An approval for construction for a two-bedroom residence was attached. Edward Carrier made a motion to approve the permit, conditional that the dwelling contains no more than two bedrooms. Kevin McKinnon seconded and all present agreed. CONDITIONAL APPROVAL - #2004-87
-- Barry & Diane Graham - 28' x 30' addition to house located at 54 Forbes Hill Road (R10 Lot 93). Mrs. Graham explained that they had converted the old dining area into an office and this new addition would incorporate a new dining area. She stated that the restaurant would be the same as the original with the same amount of seating. An approval for operation for a septic system for 1,050 gallons per day was attached. John Jolles questioned what would happen if the property was to change hands and someone else decided to serve more people. It was explained that a license is not transferable and there would be an automatic inspection by the State if ownership changed. Edward Carrier made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-88
-- Richard Sytek - 31’ trailer to store personal tools to be placed at the rear of 112 Main Street. Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-89
-- Paul & Patricia Martel - Enclosed walkway from the newly created parking lot to the entrance of the apartment located at 207 South Main Street. This application was denied last month due to the lack of property setbacks. Minutes from a recent Zoning Board of Adjustment meeting indicated that a variance for the back setback of one (1) foot had been approved. Edward Carrier made a motion to grant the permit, noting the ZBA variance; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-90
-- James Brady - 8’ x 16’ porch on his residence at 28 Blakely Farm Road / 8 Coburn Road. Edward Carrier made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-91
-- Suzanne & Wilfred Anderson - 3’ x 10’ roof dormer on their residence at 109 East Colebrook Rd (R10 Lot 95). Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-92
-- Andre Toulouse - 8’ x 25’ chain link with privacy slats fence to be placed within one (1) foot of their property line at 190 S. Main St (U13 Lot 73). Edward Carrier made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-93
-- Mike Konosky - 28’ x 64’ four-bedroom residence to be located on Russell Road. This application was tabled last month due to lack of indication of septic facilities. Since that time, a letter has been received from Karen Dickson, licensed septic designer, indicating a test pit and been done and no problem was anticipated obtaining a state approved septic design. Edward Carrier made a motion to approve the permit, conditional on receiving an approval for construction of a septic system for a four-bedroom home. Joe Ippolito seconded and all present agreed. CONDITIONAL APPROVAL - #2004-94
-- Bradley Montague - 8’ x 12’ shed to be placed on property owned by Harold Davis on Dupont Drive. This application was denied in July due to lack of property setbacks, even though a letter of permission from Harold Davis was attached. Upon notification, Mr. Montague amended his permit to indicate that the front property setback would be 20 feet, rather than the original ten feet. On August 9th, Mr. Davis refused his permission for this structure to be placed on his property as there was some misunderstanding regarding the size. Due to this fact, the Board had no option but to deny the permit and remind Mr. Montague that, if the structure was already in place, it needed to be removed immediately. DENIED
-- Colebrook Country Club - 15’ x 48’ winged extension on both sides of maintenance building located just off Rte 26 (U9 Lot 47). Edward Carrier made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-95
Sign Permit:
-- Sheldon Gray - 2’ x 3’ sign to be placed parallel to Route 26 at the entrance to Mr. Gray's gravel pit. Kevin McKinnon made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-96
-- John Strickland - 18" x 6' sign, stating "AJ's Variety", to be attached to the building at 119 Main Street. Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-97
-- North Country Recreation Committee - 4' x 8' or smaller sign to be placed at the corner of Lynch Drive. Kevin McKinnon made a motion to approve the permit, (fee waived), conditional on receiving the landowner's written permission and that the sign placement meets line of sight requirements. Joe Ippolito seconded and all present agreed. CONDITIONAL APPROVAL - #2004-98
Request for Waiver of Site Plan Regulations:
-- John Strickland - Request for waiver of site plan regulations for the use of the property located at 119 Main Street. The waiver was requested with respect to the site being used as a retail store for gift items, etc. (It was noted that Mr. Strickland is moving his store from 187B Main Street to this location). Mr. Strickland indicated the grounds for the waiver were that the site has been used continuously as a retail store and his business would not impact the traffic pattern. Mr. Ouellet cautioned Mr. Strickland that, if there were any problems with this site in the future, the Planning Board would have the right to ask for a full site plan review and public hearing. Edward Carrier made a motion to approve the waiver; Kevin McKinnon seconded and all present agreed.
APPROVED
-- Colebrook Development Corporation (Larry Rappaport, representative) -- Request for a waiver of site plan regulations for the use of the property located on Bill Bromage Drive, in particular, the CDC spec building. Mr. Rappaport indicated the grounds for the waiver were that the building would be used for its intended purpose with the advent of the new consortium planning to open business here shortly. He pointed out that there would be adequate parking for the business; however, if might be necessary to add on to the building. Mike Ouellet asked if there would be any manufacturing or activities outside the building and Mr. Rappaport indicated there would not. Edward Carrier made a motion to approve the waiver; Kevin McKinnon seconded and all present agreed. Mr. Rappaport was reminded that, if
additional space was necessary, a building application would need to be reviewed by the Board prior to construction. He was also advised that, should there be a problem with this site in the future, the Planning Board would have the right to ask for a full site plan review and public hearing. APPROVED
Subdivision Public Hearing:
-- David & Julie Brunault - 15-lot subdivision, off Ramsay Road. Mr. Brunault or his surveyor did not attend the meeting
Bills:
Kevin McKinnon made a motion to pay the News & Sentinel invoice for $44.00. Joe Ippolito seconded and all present agreed.
New Business
A question from Ken Magoon was reviewed. He is considering buying a 1.3-acre lot on Diamond Pond Road that presently has an old trailer on it. He questioned the procedure to replace the old trailer with a larger one. The Board felt that, as long as he was not increasing the bedrooms, he would need to identify the functioning septic system as being state approved for that number of bedrooms; or have a design recorded with the state in case of failure of the existing system.
Mike Ouellet and Kevin McKinnon agreed to attend the seminar at Crawford Notch on September 15. The Board was also reminded of the Planning & Zoning Conference to be held in Waterville Valley on October 30.
The Board was appraised that the Selectmen had approved the Planning Board appointing a replacement for Steve Garceau, who has moved from the area. Kevin McKinnon moved to appoint Sandra Riendeau to take Steve Garceau's place until the March election. Edward Carrier seconded and all present agreed.
It was noted that Bob Shaw had requested a letter, signed by the Chairman, excerpting the minutes regarding Angels Road and Mr. Shaw’s request for a site plan from Marie Josee Vaillant. The Board was in agreement that a letter from the Board was not necessary and that Mr. Shaw was welcome to a copy of the July minutes.
The following certificates of occupancy were reviewed and signed:
Roger Turgeon - Cottage, Rte 26
The following approvals for Construction/Operation of Septic Systems were reviewed:
Gilman & Karen Ladd - 3BR, South Hill (R5 Lot 1) (Operation)
Olaf Taylor - 2BR, Leigh Lane (R11 Lot 27) (Construction)
Marie Josee Vaillant - 300 GPD, Angels Road (R6 Lot 2) (Construction)
Guy LaPerle – 1842 GPD, Route 3 North (U1 Lot 12-2) (Construction)
Old Business:
Richard Prime asked regarding the status of the Nash site plan. He noted that the forty-five days were past in regards to having to meet the requirements of the motion approved on June 15, 2004.
At this point, Mike Ouellet recused himself as Chairman of the Planning Board. Kevin McKinnon made a motion, seconded by Joe Ippolito that Eddie Carrier sits in as chair in Mike's absence.
The Board then reviewed the facts that on June 18th a letter was sent to Mr. Nash apprising him of the findings of fact and decision initiating from the June 15, 2004 deliberative hearing. He was told that, if he wished to appeal, he must do so within 30 days. Last week, town officials were served a summons from Ed Nash & Sons vs. the Town of Colebrook, contesting the last decision. Whereas the 45-days ran out July 31st, it was felt that the Colebrook Planning Board needs to determine if Mr. Nash has complied with the motion; and if not, what would they like to do -- fine him or send the matter back to the Selectboard for enforcement.
Joe Ippolito suggested that Mr. Nash be fined up to $275 a day, or as the law allows. He questioned revoking the site plan, as it is not in compliance; and if revoked, he questioned if the land should be put back to its original state.
Kevin McKinnon stated that he felt the site plan requirements had not been met -- the trees haven't been replanted and there are still reports of equipment operating after hours. Mr. Prime interjected that four-wheelers are also running on the property; however, Mr. McKinnon stated that four-wheelers are not a part of the site plan requirements.
Joe Ippolito moved that, based on observation, Mr. Nash has not complied with all the requirements of the site plan, basically replanting trees out front, and he should be fined $275 a day until he meets the specifications. There was no second. Mr. Prime remarked that he felt this was just prolonging the situation.
At this point, John Jolles was asked to sit in as a Board member for Mike Ouellet.
Sandra Riendeau asked what would happen if the plan was revoked. Kevin McKinnon stated, he felt, it would have to be restored to its original state. John Jolles remarked that the courts are about reasonableness and he didn't exclude the proposition of returning the land to its original state; however, he wondered if the Board should lead up to it, beginning with a monetary fine with a timetable attached. Larry Rappaport stated he didn't feel the Board would be acting too severely. He recapped the history of the site, stating that originally stuff was put on the site without a site plan at all. The Board had the right to revoke the site plan per the Court, but instead, acted in a reasonable manner by coming up with a reasonable plan. This plan is still in violation. He did not feel
revocation with so many days to revert to the original state was unreasonable.
Joe Ippolito asked, if each Board member was in agreement, he would change his motion. Kevin McKinnon remarked that Mr. Nash had been given 45 days. John Jolles stated that Mr. Nash had not met the requirements; he had only completed 75% of the work and that appeared to be a good faith effort. Kevin stated that he felt the other 25% would not take that much effort (trees and portable toilet). He continued, that once again, the Board had given him 45 days and questioned how many more would he need, remarking that there had been plenty of rain in July to accommodate planting trees. Edward Carrier stated that the Board had already given him two chances and questioned if they should give him a third chance. Frank Dumaine stated he didn't know the date of the lawsuit, but questioned if that
might be their response to the Board's last motion. The consensus was that the lawsuit was due to the Board's failure to release the mortgage, not in response to the last motion. Kevin McKinnon stated that, to his knowledge, Mr. Nash hadn't requested a hearing. Kevin questioned if the site plan should be revoked in accordance with RSA 676.4a, or fines be imposed, or both. Eddie questioned if the fines should be left to the discretion of the attorney. When asked how the Selectmen would feel about going to court, Larry Rappaport answered that no one wants to go to court but there comes a time when you have to.
Joe Ippolito withdrew his initial motion and made the following motion: Revoke site plan approval #589 for Tax Map R10, Lots 20, 30 and 108 on NH Route 26, based on non-compliance in accordance with RSA 676-4; and recommend to the Selectmen that the town seek a maximum fine of $275 day, beginning the date the notice is received as per RSA 676:17; such fine to continue until such time as the property is restored to its original condition. Kevin McKinnon seconded the motion and the Board was polled individually: Kevin (Yes); Joe (Yes); Frank (Yes); John (Yes) and Eddie (Yes). It was further determined that the notice of revocation should be hand delivered by the police. The specific violations for Site Plan #589 include (1) violation of operating after hours; (2) insufficient planting of trees; and (3) has not
installed adequate signage on property. In regards to hours of operation, the decision was based on witness statements. Wayne Brown stated he still sees vehicles on the lot after hours but does not call in. These lights he sees from his dooryard; therefore, they cannot be on Scott's property. Mr. Prime indicated that the police logs would indicate what he has seen.
At this point, Kevin McKinnon made a motion to approve the minutes, with correction, of the May 25th and June 15th public hearings. Joe Ippolito seconded and all present agreed.
The issue of Andre LaCasse's violation of having water in a camp on Cree Road without an approved septic system was reviewed. A letter was sent to Mr. LaCasse in December of 2003 and, as of this date, no septic design for Mr. LaCasse has been received or appears on the state website. Mike Ouellet offered to call Jim Wells to confirm that no septic design has been created yet. This issue brought forth the discussion if a citation for land use violation could be done by the Planning Board; or would the Board have to go through the Selectmen to have the police deliver a violation? Larry Rappaport asked that a copy of the land use violation be given to him for research. Kevin McKinnon made a motion to cite Mr. LaCasse for a violation of regulation regarding water without septic in the camp and
enforcement to be initiated through the Selectmen or Planning Board, whichever is legally advised. Joe Ippolito seconded the motion and all present agreed.
Kevin McKinnon made a motion, seconded by Joe Ippolito, to approve the minutes for the July Planning Board meeting as written.
The meeting was adjourned at 10:30 p.m.
Respectfully submitted,
Sheila M. Beauchemin
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