Planning Board Minutes
October 12, 2004
Vice Chairman Edward Carrier called the meeting to order shortly after 7 pm. Board members present were Kevin McKinnon, Sandra Riendeau, Selectmen Frank Dumaine and alternates Joe Ippolito and John Jolles. Joe Ippolito was asked to sit in for Mike Ouellet.
Others present were James Alton, Dave Brunault, Donna Jordan, Colin Sutherland, Steve and Corrine Baillargeon, Simone McKeage, Ronald DuBois, Claire Lynch, Jon Cowan, Marie Josee and Melanie Vaillant, Mike Robinson, Susie Nash, Leonard Labrie, Jim Wells, Sylvie Smith, Sally Biron, Phil Lambert, Dick Boulanger and Sheila Beauchemin.
Driveway Permit:
Robert A. Bryant - Construct driveway access to his property located on East Colebrook Road (R11 Lot 43). Public Works Director noted a 15” twenty-foot culvert was necessary, along with the fact that the driveway was already built. Joe Ippolito made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-111
Building Permits:
James Wells - 28' x 40' horse shed to be located at 554 Reed Road (R10 Lto 85). Joe Ippolito made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2004-113
Marie Josee Vaillant - Exend permit #2003-100 for a 40’ x 150 garage to be built on her property on Angels Road. Kevin McKinnon made a motion to extend the permit one year or until the certificate of occupancy is returned, which ever comes first. Frank Dumaine seconded and all present agreed. EXTENDED
Marie Josee Vaillant - Modify permit #2004-51, approved in June, to construct a 30’ x 36’ garage with two-bedroom apartment. Mrs. Vaillant indicated that the new dimension of the addition on her home would be 24’ x 24’ and would consist of a living room only. Kevin McKinnon made a motion to modify the permit; Frank Dumaine seconded and all present agreed. MODIFIED
Ronald Dubois - 14’ x 70’ mobile home to be placed on his property off Route 26, referred to as the Dixville Notch Estates (R12 Lot 149). A design for a septic has been developed and a construction approval number assigned. Sandra Riendeau made a motion to approve the permit; Kevin McKinnon seconded the motion and all present agreed. APPROVED - #2004-114
Simonne & Derwood McKeage - 12’ x 60’ mobile home to be placed adjacent to their current residence to be used by other family members on weekends. There would be no electricity and septic would be diverted to a holding tank. Mrs. McKeage explained that eventually they hoped to put in a state approved septic system. Kevin McKinnon explained that the Board could not approve the permit with the use of a holding tank. It would be necessary for the Board to see evidence of a septic system for the number of bedrooms involved. Mrs. McKeage stated that the original septic design for their home was for three bedrooms; however, they only have two bedrooms. She questioned if the mobile home could be added to this system. Mrs. McKeage was advised she would need to ask a licensed septic
designer. DENIED
Norman Senechal - Add 8' x 10' bedroom and 8' x 24' porch to existing one-room camp located on Reed Road (R11 Lot 94). Due to the lack of a copy of the approval for operation for the septic system to determine if it was large enough to accept an additional bedroom, the Board tabled this permit until next month. Mr. Senechal will be contacted for the information. TABLED
Kevin Allen - 28' x 38' ranch with an 18' x 18' sunroom off one side to be located on the newly subdivided lot on the plan for Haven and Elaine Haynes at the corner of Harvey Swell and Diamond Pond Road. An attached letter from Jim Wells indicated that a design had been completed and the lot would support the proposed septic system and well. Sandra Riendeau made a motion to approve the permit, conditional on receiving an approval for construction for the septic system; Kevin McKinnon seconded and all present agreed. CONDITIONAL APPROVAL - #2004-115
Bonnie Day - 9' x 10' storage shed to be placed on Lot 17A in the Windsor Park Estates Trailer Park. Permission from Castmin Realty, landowner, was attached. Kevin McKinnon made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-116
Joeng & Mike Divney - Enclose existing 4' x 10' covered porch at 58 Pleasant Street (U9 Lot 17). Sandra Riendeau made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-117
Sheila Greenough - 16' x 24' utility shed to be placed on her property at 20 Washburn Road. Joe Ippolito made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-118
Town of Colebrook - 10' x 10' communications hut and 70' tower to be built on Skyline Drive. Sandra Riendeau questioned if this issue needed to go before the voters before such a tall tower was built and was advised that the Town of Colebrook Zoning Ordinances have no restrictions on tower height. Kevin McKinnon made a motion to approve the permit, with fee waived; Joe Ippolito seconded and all present agreed. APPROVED - #2004-119
Colebrook Development Corporation - 10' x 15' co-location building and 70' tower to be located on Bill Bromage Drive (U7 Lot 20). Kevin McKinnon made a motion to approve the permit, with fee waived; Joe Ippolito seconded and all present agreed. APPROVED - #2004-120
Raymond Davis - 16" x 24' overhang on the front of the garage located at 20 Sunset Drive (U15 Lot 13). Kevin McKinnon made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2004-121
Sign Permit:
Sally Biron - 36” x 20” sign, stating “Golden Locks” to be placed on the building at 114 Main Street. Kevin McKinnon made a motion to approve the permit; Frank Dumaine seconded and all present agreed. APPROVED - #2004-122
James Alton - 8’ x 4’ sign, stating “J.P. Alton Services”, to be attached to his building at 49 Fish Hatchery Road. Sandra Riendeau made a motion to approve the permit; Frank Dumaine seconded and all present agreed. APPROVED - #2004-123
Ramond Davis - Replace existing sign on building at 20 Sunset Drive with a 22 square foot illuminated one, stating "Ray Davis Real Estate". Joe Ippolito made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-124
Class of 1953 - 3' x 3' sign with cement base to be placed by the flag pole at the main entrance for the Colebrook Schools. Joe Ippolito made a motion to approve the permit; Frank Dumaine seconded and all present agreed. APPROVED - #2004-125
Mary Jane Forbes - Approximately 3' x 3' sign, stating "NeNe's Nook", on metal bracket on the building at 88B Main Street. Joe Ippolito made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2004-126
Waiver of Site Plan Regulations:
Sally Biron - Request for a waiver of site plan regulations for the use of the property located at 114 Main Street. Mrs. Biron proposed to move her hairdressing establishment to this site. Her grounds for a waiver were that the location has been used for a business in the past. A letter of approval was attached from the owner of the building. Joe Ippolito made a motion to approve the waiver; Kevin McKinnon seconded and all present agreed. Mrs. Biron 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
Mary Jane Forbes - Request for a waiver of site plan regulations for the use of the property located at 88B Main Street. Mrs. Forbes proposed to open a gift store at this site. Her grounds for a waiver were that the location has been used for a business in the past. Joe Ippolito made a motion to approve the waiver, conditional on receiving a letter of approval from the owner of the building; Kevin McKinnon seconded and all present agreed. Mrs. Forbes 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
Subdivision Public Hearing:
Steve & Corinne Rober Baillargeon - Chairman Carrier read the application received from Steve and Corinne Baillargeon, indicating a two-lot subdivision of their property located on Bennett Hill (R4 Lot 32). No waivers were noted. Kevin McKinnon made a motion to accept the application; Joe Ippolito seconded and all present agreed.
Surveyor Colin Sutherland presented the plan, remarking that the cul-de-sac had been moved to the corner as suggested; but that otherwise,it was identical to the conceptual design presented in September. Mr. Labrie, an abutter, stated, that judging from the pin the surveyor had put in, the right-of-way was located seventy-five feet on his property. Mr. Sutherland remarked that this pin was for reference point only. Mr. Baillargeon assured Mr. Labrie that when the road was constructed, it would be twenty-five feet from the center of the right-of-way and would not go up to the pin put in by Mr. Sutherland. Questions were also raised regarding the location of the existing gate. Mr. Baillargeon stated he had no issue with the gate as long as he could get through.
It was noted that the test pit data was not located on the map. Mr. Baillargeon presented copies of the individual test pit data summaries signed by licensed designer, Leo McKinnon, for the file.
Joe Ippolito made a motion to approve the plan as presented; Kevin McKinnon seconded and all present agreed. #672
Steve & Corinne Rober Baillargeon - Chairman Carrier read the application received from Steve and Corinne Baillargeon, indicating a four-lot subdivision of their property bordered by Bear Rock Road and Reed Road (R3 Lot 29-2). No waivers were noted. Kevin McKinnon made a motion to accept the application; Sandra Riendeau seconded and all present agreed.
Surveyor Colin Sutherland presented the plan, remarking that it was identical to the one presented at the conceptual design. Mr. Baillaigeon was reminded that, even though the driveways exist, they were used for farm equipment in the past, and the Board would appreciate a driveway application completed so that the line of sight can be ascertained for more frequent vehicle travel.
It was noted that the test pit data was not located on the map. Mr. Baillargeon presented copies of the individual test pit data summaries signed by licensed designer, Leo McKinnon, for the file.
Joe Ippoliton made a motion to approve the plan as presented; Sandra Riendeau seconded and all present agreed. #618
Haven & Elaine Haynes - Chairman Carrier read the application received from Haven and Elaine Haynes, indicating a two-lot subdivision of their property located on the corner of Harvey Swell and Diamond Pond Road (R2 Lot 19). No waivers were noted. Kevin McKinnon made a motion to accept the application; Sandra Riendeau seconded and all present agreed.
Surveyor Richard Boulanger presented the plan indicating one lot would equal nineteen acres, with the remaining lot containing 200 plus acres. He explained that a driveway application has been reviewed by the State of New Hampshire for an access from Diamond Pond Road. Tentative approval has been received verbally from Lancaster Department of Transportation. Test pit data showed on the plan and Mr. Boulanger remarked that a septic design was in the works. Sandra Riendeau made a motion to approve the plan as presented; Joe Ippolito seconded and all present agreed. #619
David Brunault (Continued) - Mr. Brunault stated he wished to update the Board on his subdivision status. The surveyor was still working on the plan, incorporating the looped road as proposed when Board members walked the site with Mr. Brunault. He also stated the plan would indicate a common area at the top of the land, owned by the road association. Kevin McKinnon reminded Mr. Brunault that he might need additional drain basins on some of the lots to prevent the increase of water flow onto any abutting lots. Mr. Brunault felt most of the flow would be confined to the old stream bed with the use of oversized culverts. It is conceivable that if a culvert is going into the brook, the flow would increase at the base and this is not permissible. Mr. Brunault was advised that he might
need a catch basin to catch storm water.
It was noted that Mr. Brunault had waived the requirement for the planning board action within the time periods specified in RSA 676:4 (c)(1) and consented to an extension agreeable to the Board and himself.
Subdivision Conceptual Review:
All parties were reminded that anything said during this conceptual review was non-binding.
Marie Josee Vaillant - Jon Cowan presented a conceputal design for a subdivision of Marie Josee Vaillant’s property on Angels Road, identified as R6 Lot 1 and 2 on the Colebrook Tax Map. He explained that the proposed subdivision would create one lot equaling 158.8 acres and one lot equaling 153.2 acres. The existing road is over 600 feet and he questioned if it could be used to access the second parcel without adding a cul-de-sac. He further remarked that the intent is to build a residence on the parcel. Eddie Carrier remarked that the 600’ rule comes into play when the road accesses three or more parcels. An access to two parcels of land only is considered a driveway and can be as long as necessary. Eddie further commented, however, that if any development was done later on,
there would be a problem. It was suggested that this issue be listed as a variance on the application. Mr. Cowan indicated that he would be asking for variances for both contours and soil types on the plan. It was agreed to warn the public hearing for November.
Colburn Associates, Inc. - Jon Cowan explained that in 1986 a subdivision plan was approved by the Colebrook Planning Board, excluding approval of Parcel B, of the property located on Route 26, identified on the Colebrook tax maps as R10 Lot 59. It is not clear why this happened but the assumption is that it was because that parcel had not received DES approval for subdivision. State subdivision approval for this lot was obtained in September of this year. Mr. Cowan also indicated that a state driveway permit had been issued to the lot. He questioned how Parcel B could be approved as a buildable lot. It was agreed that the plan used to obtain state subdivision approval should be presented to the Board for formal approval. Jon remarked that he would prefer to do an affidavit, but agreed this
might be the best method to assure no problems when a title search was conducted. The subdivision will be warned for November.
Bills:
Sandra Riendeau made a motion to approve payment of the News & Sentinel invoice for $176. Joe Ippolito seconded and all present agreed.
New Business:
Mike Robinson came before the Board to explain that he had a purchase and sales agreement from Eddie Nash for the property located on Titus HIll, identified on the Colebrook Tax Maps as R9 Lot 114. Mike further clarified that it was the property which currently has two trailers on it; one of which is partially dismantled. He stated that he is using the property to store cars that he has bought at auction and is keeping for parts. When asked, he guessed that he might currently have hauled fifty (50) cars to this site; and further explained that some will be hauled out to the P & L junk yard once he has removed the motors and transmissions. When questioned how many more he planned to store there, Mike stated it was hard to tell as it would depend upon how many he might find to buy at auctions. He
assured the Board they were all out of sight and asked if there were any special town requirements.
Joe Ippolito questioned if there were any state laws governing having cars off lot from where the owner's garage was located. Mike stated that he had spoken to Stacey at the Dealer's Desk at Motor Vehicles in Concord. She had told him it was legal to move the cars within the same town. It was his understanding that his dealer license carried on to another site if it was within the same town. Eddie Carrier stated that he felt the board should follow up on the state regulations before making a decision.
Mike then asked if the Board had any other problems with the parcel of land. Joe Ippolito remarked that it was buyer beware situation. When Miss Nash asked what he meant by that, Joe responded that, in any land transfer, it was up to the buyer to be aware and make sure that the land was free and clear. Susie Nash then questioned if there were any other problems with the land. In regards to the cease and desist order the Town Clerk had on file with no resolution, Miss Nash laid down an unsigned document entitled “Nash’s Response to Cease and Desist Order of August 19, 2002, for the record. She then related the events leading up to the placement of the dismantled trailer in question in the cease and desist, stating it would not be moved until things were straightened out and the Nashs were
reimbursed by the town for the fine imposed upon them from DES. She stated they had been turned in and fined for burying hazardous material during the dismantling of a trailer; however, contended the person dismantling the trailer had been selling the contents. An abutter, Simone McKeage, remarked that she had seen the trailers being dismantled and buried and she believed the Nashs had been fined because they had not taken care of the issue in the specified amount of time. It was remarked that the water line issue is all taken care of as Scott has dug it up. In response to town records indicating a possible contamination of the water well, Susie stated the well had been tested over a year ago and the water supply was fine.
Eddie Carrier stated he felt the Board should look into the issue with the Selectmen regarding the cease and desist and also research the regulations that might be involved in placing vehicles on the land as Mike has proposed. He informed Mike that the Board would share with him any information they found and asked if he would come back before the Board in November. Mike agreed.
Phil Lambert appeared before the Board to ask if the access to the subdivided Lot 3 of his property located off Skyline Drive was considered an existing driveway or would a driveway application need to applied for if a structure was to be placed on this lot. It was determined that the driveway access did not show on the subdivision completed in 1962.
Phil Lambert questioned if it was possible to place a mobile home on the .46 acres he owns off Cooper Hill (behind the old Weldon Brooks home), as long as he follows the zoning ordinance requirements for setbacks. A driveway does exist to this parcel; however, his question dealt mainly with hooking onto the town sewer lines. He was advised that no problem could be seen with hooking into town water and sewer, but he needed to understand that, unless he could hook into the abutter’s system, he might end up having to pay the costs involved in digging out the pavement on Route 3 to establish a septic line.
A request from Eclipse Construction to e-mail agendas for July, August, September and the future was reviewed. It was decided that, since our minutes are on-line, this would not be necessary.
Bethany MacDonald did not come before the Board in answer to her letter about the traffic issue in regards to her residence at 23 Parsons Street. It was noted that Mrs. MacDonald did come in to speak to the Town Manager after receipt of the letter. Due to what appears to be legal proceedings in regards to this property, Kevin McKinnon made a motion to table the issue for the time being; Joe Ippolito seconded and all present agreed.
The Board has recently received approvals for operation for septic systems for property where there is no record of a building. It was determined a letter should be sent asking the owners to inform the Board what the septic system is for.
In answer to a question as to what the many white items were that have appeared in the field behind Wayne Chapple's residence on Route 26, Joe Ippolito spoke with Amy Poulin (Mr. Chapple's daughter). Mrs. Poulin stated the items are cast-off refrigerators and soda machines and that she and her husband are considering beginning a potential business refurbrishing these items. The Board decided that a letter should be sent asking them to come in to talk to the Board about the possible need for a site plan.
Chairman Carrier read the draft response proposed by Attorney Waugh declining the judge's suggestion that mediation be tried in the case, Eddie Nash & Sons, Inc. v. Town of Colebrook. Everyone was in agreement.
The following certificate of occupancy was reviewed and approved:
-- Carrier Family Trust – Deck, Dumont Street
The following approvals for construction/operation of septic systems were reviewed:
Guy LaPerle – Route 3 North (U1 Lot 12-2) (1,842 GPD) - Operation
Linda/Thomas Mangels – 7 Mangels Drive (R6 Lot 37) – Operation
Olaf Taylor – Leigh Lane (R11 Lot 27) – Operation
Marilyn & William Stevens – East Colebrook Road (Raa Lot 100) Construction
An approval for subdivison from the State of New Hampshire for Colburn Associates Inc – Route 26 (R10 Lot 59) was reviewed.
Old Business:
Jim Wells reported that an approval for construction for a septic system had been obtained for Andre LaCasse. The septic is in and state personnel had actually inspected the site today. The Selectmen will be advised so that the violation can be cancelled.
A letter dated October 12th from Bob Shaw regarding Marie Josee Vaillant's property was reviewed. Mr. Shaw questioned if the 40' x 60' quonset-type hut located on Mrs. Vaillant's property needed a building permit. Earlier the town clerk had been unable to locate one for this structure. Frank Dumaine made a motion to send a letter of possible violation to Mrs. Vaillant; Kevin McKinnon seconded and all present agreed. In regards to Mr. Shaw's question about whether a certificate of occupancy had been received for the 40' x 150' garage, this month's minutes will indicate an extension was granted. It should be noted that Mr. Shaw feels the Planning Board should do an on-site inspection of this property.
Sandra Riendeau made a motion to approve the September minutes as amended; Joe Ippolito seconded and all present agreed.
The meeting was adjourned at 10:45 pm.
Respectfully submitted,
Sheila M. Beauchemin
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