Town of Colebrook, NH - 2005 April 12

In the absence of both the Chairman and Vice Chairman, Kevin McKinnon was voted to sit in as acting chair for this meeting. Other members present were Sandra Riendeau, alternate John Jolles and selectman representative Larry Rappaport. Kevin asked John Jolles to sit in for Edward Carrier.

RE: Eddie Nash & Sons, Inc Site Plan Revocation - Kevin McKinnon stated that he had talked with town counsel, Attorney Waugh, to discuss the report Mr. McKinnon had drafted regarding the outcome of the public hearing held on April 4, 2005, in regards to determining the status of the site plan approval granted to Eddie Nash & Sons on December 10, 2002. The report stated that from June to August Planning Board meetings four items were found in non-compliance: (1) no signage for customer parking; (2) no toilet facilites for customers; (3) exceeding hours of operation; and (4) insufficient tree planting. It further stated that the Board had found that, since the August 2005 meeting, all the items in non-compliance had been taken care of; thus the Board felt they could rescind the motion to revoke the site plan. The Board noted Nashes offer to leave the mortgage with the Town for two more years as security to insure healty tree growth. If the Board is satisfied with the results, the mortgage will be released. The Board requested permission for site visits every six months to survey compliance issues.

John Jolles made a motion, seconded by Sandra Riendeau to rescind the board’s August 10, 2004 vote of revocation and further, to release the mortgage on the Nash property two years after the date of this vote, on condition that: (a) Nash permits the Board to make site visits during that period about once very 6 months; and (b) the Board finds at the end of the 2-year period that the trees are healthy and have matured to provide a reasonable opaque visual barrier, and that the property remains otherwise in compliance with the site plan.

Discussion followed with Larry Rappaport questioning the statement, “site visits about once every 6 months”. He stated that he felt it should read “whenever”. He commended the Nashes for what they had done, but did not feel the Board should be restricted by “every six months”. It was also noted that the Selectboard, not the Planning Board, had put the mortgage on the property and perhaps that wording should be changed. At this point, John Jolles withdrew his motion and Sandra Riendeau withdrew her second.

John Jolles then moved to to rescind the board’s August 10, 2004 vote of revocation and further, to recommend to the Selectboard to release the mortgage on the Nash property two years after the date of this vote, on condition that: (a) Nash permits the Board to make site visits, and (b) the Board finds at the end of the 2-year period that the trees are healthy and have matured to provide a reasonable opaque visual barrier, and that the property remains otherwise in compliance with the site plan.

Mr. Waystack assured the Board that the Nashes will not ask the Board to release the mortgage for two years. He stated that he felt it was implied that if the trees grow to create an opaque barrier, they would be in compliance, and he would rather that it was stated directly. Kevin McKinnon then read into the minutes the “Board’s Findings” from the revocation hearing. “The Nash testimony, photos and documents, tended to show: (a) That dead trees had been replaced and new trees added, that the trees exceed 6 feet in height, and are in a layered pattern likely to become reasonably opaque in a few years if properly cared for, and that Scott Nash has been taking reasonable care, with proper loaming, fertilizer and watering; (b) That signage now adequately directs cutomers to the parking area, and that a customer toilet is conveniently located in close proximity to the area; (c) that equipment is no longer parked outside the fenced area, and that stones have been placed between the trees and the fence to prevent parking in that strip (although it is used as a snowmobile trail); (d) that the locking of the area at closing time has effectively prevented any after-hours operation.” Mr. Waystack stated this answered his concern.

Also read into the record was a letter from Frank Dumaine, Selectman and alternate Planning Board member at the time of the April 4, 2005 hearing. In the letter, Mr. Dumaine stated that he felt the Nashes had made a good faith effort to comply with th regulations and the Planning Board should rescind the revocation. He felt the mortgage should be held by the Town to insure future compliance and maintenance of the trees. He also stated that, in his opinion, an additional row of trees along the fence line that fronts NH Route 26 should be planted approximately midway between the fence and the closest existing row of trees. Discussion among the Board members ensued regarding this additional planting with the final decision being that the existing trees need room to grow and planting them too close would choke the roots.

Jason Ramsey - Construct a second driveway access road entrance to his property, co-owned with Thomas Watson, located at the corner of Leigh Lane and East Colebrook Road (R11 Lot 41). Public Works Director Kevin McKinnon indicated the line of sight meets the standard for two driveways to one piece of property. John Jolles made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-02

Jess Johnson – Construct a driveway access road entrance to his property on Titus Hill Road (R9 Lot 79). Public Works Director Kevin McKinnon noted that the line of sight was only 320 feet to the east and 400 feet to the west. Larry Rappaport made a motion to approve the driveway application on the condition that the access entrance be moved down the gradient so that there was 400 feet line of sight in both directions. Sandra Riendeau seconded and all present agreed. CONDITIONAL APPROVAL - #2005-03

Dan Mercer – Construct a driveway access road entrance to his property located on South Hill Road (R5 Lot 21). Public Works Director Kevin McKinnon noted that the driveway placement allowed a 250 foot line of sight to the east and 300 feet to the west. It was felt these line of sight distances would not be appropriate for a full-time driveway; however, it might be possible to approve them for temporary removal of wood only. Sandra Riendeau questioned if a tractor-trailer coming out at the access would create a problem due to the 250 foot line of sight and suggested that “Trucks Entering” signs be placed a short distance from the entrance. Sandra Riendeau made a motion to approve a temporary driveway permit for the removal of logs only, conditional on signs stating “Trucks Entering” be placed a short distance from the entrance on both the east and west side. Larry Rappaport seconded and all present agreed. TEMPORARY FOR REMOVAL OF LOGS ONLY - #2005-04

Michael Seraikas – Construct a driveway access road entrance to property currently owned by Charles Marinelli on Carlton Hill Road (R9 Lot 94). It was determined Carlton Hill Road is a state highway; therefore, Mr. Seraikas must apply for his permit from the State of New Hampshire Department of Transportation. He will be so advised.

Jason Ramsay – 24’ x 24’ open concept camp with state approved privy to be placed on the property co-owned with Thomas Watson, located on East Colebrook Road (R11 Lot 41). Mr. Ramsay noted that this would be a second building to be placed on this property, and that he had a letter of permission from the co-owner, Mr. Watson. Larry Rappaport noted that the property is co-owned, and since it appeared the two structures were owned separately, any problems in the future would be a civil issue. It was felt that if the property was sold, the camps would have to be sold together. Jon Cowan questioned, if Mr. Ramsay and Mr. Watson decided to split the land, would each lot support a septic system. If not, he understood they would be unable to subdivide. Sandra Riendeau pointed out that, if the structure was built with a state approved privy, no running water could be put into the building. Sandra Riendeau made a motion to approve the permit; John Jolles seconded and all present agreed. APPROVED - #2005-05

Fred Deveau – 34’ x 60’ barn for horses with 12’ x 20’ run-in shed to be placed on his property at 3 Josie Road (Rll Lot 71). Larry Rappaport made a motion to approve the permit; John Jolles seconded and all present agreed. APPROVED - #2005-07

Claude Ladd – Replace existing foundation and add a taller bulkhead on the rear of the house. Members agreed that a permit is not needed to replace the existing foundation as long as the footprint of the bulding is not changing; however, if a taller bulkhead is added, an application must be filed. Mr. Ladd will be advised.

Linda & Greg Lewis – Enclose 10’ x 10’ porch at 7 High Street (U13 Lot 21). Larry Rappaport made a motion to approve the permit, conditional on receiving the permit fee. Sandra Riendeau seconded and all present agreed. CONDITIONAL APPROVAL - #2005-08

Jess Johnson – 12’ x 16’ camp with porta-potty to be located on his land on Titus Hill (R9 Lot 79). Sandra Riendeau made a motion to approve the permit, conditional on the driveway placement being corrected. John Jolles seconded and all present agreed. Mr. Johnson will be advised that the Board reserves the right ot ask to see the pumping receipts to ascertain that the porta-potty is being pumped on a timely basis. He will also be advised that, if running water is ever put into the camp, he will need to meet the state and federal guidelines for a septic system. CONDITIONAL APPROVAL - #2005-09

Dennis Hyde - Place a 10’ x 50’ two-bedroom mobile home on his property at 531 Reed Road (R4 Lot 8). Larry Rappaport made a motion to approve the permit, conditional on the Board receiving a statement from a licensed septic designer that the design created in 1990 for a three-bedroom home meets the requirements for a two-bedroom home septic by today’s regulations. John Jolles seconded and all present agreed. CONDITIONAL APPROVAL - #2005-10

Richard H. Boucher – 8’ x 12’ storage shed to be placed on his property at 41 First Street (U3 Lot 16 (43). Sandra Riendeau made a motion to approve the permit, conditional on receiving permission from the landowner; Larry Rappaport seconded and all present agreed. CONDITIONAL APPROVAL - #2005-11

Joseph L. McGinley - 26’ x 30’ two-story seasonal dwelling to be placed on his property on Upper Roaring Brook Road (R12 Lot 78). It should be noted that his permit replaces one issued in June 2003. Larry Rappaport made a motion to approve the permit; John Jolles seconded and all present agreed. APPROVED - #2005-12

Michael Seraikas – 24’ x 28’ seasonal home to be placed on property currently owned by Charles Marinelli on Carlton Hill Road (R9 Lot 94). Mr. Seraikas indicated that the property fell within the flood zone; however, no certificate of elevation was included with the paperwork. Larry Rappaport made a motion to table the application until a certificate of elevation is completed by a certified engineer. Sandra Riendeau seconded and all present agreed. TABLED

Clay Hinds – Mr. Hinds came in to present the sewer and water layout drawings as requested prior to his obtaining his building permit for the ten-unit condominium to be placed on his property on Abenaki Lane. He further explained that the concept for “Abenaki Green” had undergone some changes. The marketing phase had showed there was more interest in larger units; therefore, the footprint of the building will remain the same, but there would only be six units per building. Each unit would have a unfinished walk-out basement, loft and garage. Mr. Hinds also explained that the space between the building will be 30 feet rather than 25 feet and each building will have its own mechanical room.

Sheila Parkhurst – 36” x 42” sign, stating “Bonsai Bodywork” to be placed on her property at 53 Trooper Les Lord Memorial Highway. Ms. Parkhurst was advised that the sign needed to be placed so that it did not obstruct the line of sight for vehicles leaving her premises. Larry Rappaport made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-13

Northwoods Truck Stop – This application was tabled in March until the Board had a chance to review the sign. Mr. Nugent proposed to place a two-inch strip between the 44” x 6’ sign, stating “Coca Cola” and the 44” x 9’ sign stating, “Northwoods Truck Stop, Groceries, Deli, Pizza”, currently on the building known as the Northwoods Truck Stop on Route 3 North. Larry Rappaport stated that the placement of a two-inch strip on the existing sign did not, in fact, cause this sign to qualify as two different signs. The Town of Colebrook Zoning Ordinances state it shall be 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. (Article IV.4.D.5) Therefore, the Planning Board has no option but to deny the permit and Mr. Rappaport so moved. John Jolles seconded and all present agreed. Mr. Nugent will be advised that he has the right to appeal the determination to the Colebrook Zoning Board of Adjustment. DENIED

Sheila Parkhurst - Request for a waiver of site plan regulations for the use of the property located at 53 Trooper Leslie Lord Memorial Highway. Ms. Parkhurst proposed to conduct a massage therapy business (Bonsai Bodyworks) at this site, with the usual working hours of 9 am to 7 pm. Her grounds for a waiver were that the location has been used for this same business in the past. She further stated that there is plenty of parking and good traffic visibility. Larry Rappaport made a motion to approve the site plan waiver; John Jolles seconded and all present agreed. Ms. Parkhurst 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

Land Recording (Tax Map R7A, Lots 1, 2 & 3) – Carrie Klebe presented the Board with the conceptual design completed by Colin Sutherland in regards to this subdivision originally drawn up in 1979 but never approved by the Colebrook Planning Board or recorded in the Coos County Registry of Deeds. The new design indicates the three-lot plan from deeds showing a certain 50-foot right of way from Fish Pond Road in Columbia to the lands of Bailey, Ingram and Dickson in Colebrook. Mrs. Klebe was advised that the right-of-way is an issue due to its length. She assured the Board that it does exit onto Reservoir Road and was advised that this must be shown on the plan. It is understood that there are mitigating circumstances in that these lots have been owned by three different parties since 1979 and identified as such within the tax records. As such, it might be grounds for waiving certain regulations, due to the longstanding separation of ownership. Ms. Klebe was advised that once a subdivision application is received from one of the three landowners, a public hearing could be warned for May 2005.

Marie Josee Vaillant - Jon Cowan approached the Board with a conceptual design for a two-lot subdivision of Marie Josee Vaillant’s property located on Angels Road. Mr. Cowan was advised that the creation of this new lot would mean that the driveway would be servicing more than two lots with a length of over 600 feet, and that would be an issue. There would need to be another point of access to a public road. Mrs. Vaillant should also be aware that any building application she might file for this newly created lot would come under scrutiny.

The Board reviwed an affidavit from Attorney Riff regarding the subdivision between Jean Bryant and Irene Bean completed in 1981. It appears the subdivision plan had contained a statement that it needed to be recorded before November 1981; however, it was not recorded until March 5, 1982. Attorney Riff asked that the affidavit be signed stating this subdivision is recognized as an approved and recorded sbudivision and that no further action is necessary. John Jolles made a motion, seconded by Larry Rappaport, that the Chairman of the Board be allowed to sign the affidavit.

The proposed changes to Section 4 (Application Procedure) to the Subdivision regulations were reviewed and approved with minor changes. It was decided to keep Section 5.03 (Performance Guarantee) rather than Appendix D. The revised regulations will now be sent to town counsel for his review.