May 10, 2005
Planning Board Minutes
Chairman Mike Ouellet opened the meeting at 7 pm. Other Board members present were Sandra Riendeau, Kevin McKinnon, Eddie Carrier and Selectmen Larry Rappaport.
Others present were Carrie Klebe, James and Sharon Daugherty, Steve Arnold, Corrine and Steve Baillargeon, Mark Dryjas, Bob Lemieux, Cindy and David Hicks, Richard Hicks, Ann Hebert, Jim Wells, Mark Decateau, Claire Lynch, Charles Aubee, Michelle and Vincent Roscillo, Don Dickson and Sheila Beauchemin.
The first order of business was nomination of new officers. Sandra Riendeau nominated Michael Ouellet for Chairman; Edward Carrier for Vice-Chairman and Kevin McKinnon for Secretary. Being no other nominations, a vote was called. Nominations as presented were voted on in the affirmative.
Driveway Permit:
James & Sharon Daugherty - Access to their property on Harvey Swell Road. Mr. Daugherty indicated that the access use to be an old tractor path. Public Works Director Kevin McKinnon noted that the line of sight was fine in both directions and that no culverts were needed. Larry Rappaport made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2005-14
James & Sharon Daugherty - Second access onto their property on Harvey Swell Road. Mr. Daugherty explained that this access was an easement to Lot #3 as indicated on the recently subdivided plan for the Hurlbert property. Line of sight was indicated as being appropriate. Larry Rappaport made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2005-15
Building Permits:
Robert Lemieux (dba Lemieux Garage Inc.) – 34’ x 40’ addition to the building located at 161 Main Street (U8 Lot 145). Larry Rappaport made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-16
Steve Arnold - 23’ x 26’ two-car garage at 225 Piper Hill Road (R7 Lot 3). Kevin McKinnon made a motion to approve the permit; Larry Rappaport seconded and all present agreed. APPROVED - #2005-17
P.A. Hicks & Sons and David & Cindy Hicks – Connect the two buildings located at 120 Main Street and 118 Main Street. It was noted that an elevator would be incorporated for the two-story building. The Board agreed the application could be on one form; however, a letter was necessary to show both parties agreed to this construction. Larry Rappaport made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-18
Mark and Heather Decareau – 8’ x 35’ camper with compost toilet to be set on their property on Rte 26 (R10 Lot 59). Mr. Decareau was reminded that this permit must be renewed yearly. Edward Carrier made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-19
Vincent & Michelle Roscillo - 28’ x 32’ garage with 8’ x 12’ breezeway at their residence on South Hill Road (R5 Lot 12). Larry Rappaport made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2005-20
Thomas & Mary Bearor - 24’ x 38’ dwelling to be placed on their property on Upper Roaring Brook Road (R12 Lot 75). A letter from septic designer, Jim Wells, indicated he had begun to septic design and the land would support the necessary system. Larry Rappaport made a motion to approve the permit, conditional on receiving the approval for construction of the septic system from the State of NH. Edward Carrier seconded and all present agreed. CONDITIONAL APPROVAL - #2005-21
James & Sharon Daugherty - 64’ x 67’ three-bedroom home to be placed on their property on Harvey Swell Road (R2 Lot 25-2). A letter from septic designer, Leo MacKinnon, indicated his preliminary assessment showed the land would support the necessary system. Kevin McKinnon made a motion to approve the permit, conditional on receiving the approval for construction of the septic system from the State of NH. Larry Rappaport seconded and all present agreed. CONDITIONAL APPROVAL - #2005-22
Michael & Heather Harding – 28’ x 40’ two-story colonial home to be placed on their property at 72 Hurlbert Place. Mr. Harding stated that the old farmhouse, barn and other structures would remain on the property. A letter from septic designer, Leo MacKinnon, indicated he was working on a design and that the property would support the necessary system. Kevin McKinnon made a motion to approve the permit, conditional on receiving the approval for construction of the septic system from the State of NH. Edward Carrier seconded and all present agreed. CONDITIONAL APPROVAL - #2005-23
River of Life Worship Center - Temporary 30' x 70' tent to be used at 23 Gould Street the week of June 3-10. Charles O. Stevens explained the bathrooms within the building at this site would be used. A lighted temporary sign will be on the lawn but will be turned off after the daily services. Edward Carrier made a motion to approve the permit with the fee waived; Larry Rappaport seconded and all present agreed. APPROVED - #2005-24
David & Julie Brunault - 30' x 110' cold storage building to be placed off Route 3 (U1 Lot 13-2). Kevin McKinnon made a motion to approve the permit; Larry Rappaport seconded and all present agreed. APPROVED - #2005-25
C.J. Lewis - Replace 6' x 11' front porch at 43 Park Street with one measuring 8' x 25'. Mr. Lewis indicated on the application that the front property line setback would equal three and one-half feet (3 ½’) and that the right property line setback would equal eight (8) feet. The Town of Colebrook Zoning Ordinances state “every structure placed on a lot shall be at least twenty (20) feet from the front property line and at least ten (10) feet from the side and rear property lines…” (Article IV.1). State law does not allow the Planning Board to grant a variance. Larry Rappaport made a motion to deny the permit; Edward Carrier seconded and all present agreed. Mr. Lewis will be advised that he may appeal the decision to the Colebrook Zoning Board of Adjustment. DENIED
Alyssa Wonkka - 8' x 12' shed to be placed on her property at 21 Stevens Hill Road (R5 Lot 21A). Larry Rappaport made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2005-26
Paul Marchand - 15' x 30' porch with roof and no enclosed sides to be added to the white mobile home at 52 Edwards Street (U5 Lot 34). Edward Carrier made a motion to approve the permit; Larry Rappaport seconded and all present agreed. APPROVED - #2005-27
Robert & Dorothy Keazer - Put a 26' x 45' cement slab under existing building located on Harvey Swell Road (R2 Lot 16). All members agreed no permit was necessary for this construction. PERMIT NOT NEEDED
Kevin McKinnon excused himself from the Board.
Kevin McKinnon - 12' x 18' kiln to dry wood to be located on his property at 37 South Hill Road (R6 Lot 41A). Larry Rappaport made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-28
Kevin resumed his position on the Board.
Thomas & Terri Wilson - 28' x 48' three-bedroom home with 24' x 26' garage on Nash Drive (R12 Lot 171). A letter from septic designer Karen Dickson stated the test pit and perc test indicated the property would support a septic system for a three-bedroom home and she was in the process of completing the design. Larry Rappaport made a motion to approve the permit, conditional on receiving the approval for construction of a septic system from the State of NH. Kevin McKinnon seconded the motion and all present agreed. CONDITIONAL APPROVAL - #2005-29
Barbara Landry - Replace 8' x 10' shed with 10' x 16' shed and replace the front steps on her residence at 40 Couture Street (U3 Lot 13). Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-30
Peter J. Filoroski (via contractor R. Turgeon) - 12' x 16' three-season enclosed porch/room, along with a 10' x 44' deck and 11' x 12' deck to be added onto his residence at 1126 Route 26 (R11 Lot 11). Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-31
Claude Ladd - Change present bulkhead on his residence at 30 Spring Street to a "doghouse" syle with a height of eight feet. Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-32
Peter Goudreau, Jr - 12' x 26' addition for bathroom and family room (no additional bedroom) on his residence at 40 Ramsay Road (R7 Lot 17). Larry Rappaport made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-33
Brenda Watts - Extend building permit #2004-01 to build a 28' x 30' one and on-half story log cabin on property owned by Richard Feltham on Bruce Road (R12 Lot 106). Larry Rappaport made a motion to extend the permit for one year to January 2006, or until we receive the certificate of occupany. Sandra Riendeau seconded the motion and all present agreed. EXTENDED TO JANUARY 2006
Norma Leach – Replace rear exit covered entry on mobile home at 1 Birch Street. Board members agreed no permit was necessary. NO PERMIT NEEDED
Waiver of Site Plan Regulations
David Hicks, Sr. - Request for a waiver of site plan regulations for the use of the property located at 118 Main Street. Mr. Hicks proposed to renovate the former Lombard Building in which George’s Pizza and Game Room have been recently located. A new structure will be added to connect the building to PA Hicks and Sons. The alley way will be blocked off with a roof put over it, along with a heated sidewalk for the handicapped entrance. The grounds for the waiver were that this building has been used as a commercial venture for some time. Larry Rappaport made a motion to approve the waiver; Kevin McKinnon seconded and all present agreed. Mr. Hicks 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
Subdivision Design Review Public Hearing (Continued)
David & Julie Brunault – Whereas the original public hearing for this subdivision was held on July 13, 2004, Chairman Ouellet read the subdivision application once more, indicating a fifteen-lot subdivision for Julie & David Brunault’s property located on Ramsay Road, identified on the Colebrook Tax Map as R7 Lots 14. This application was originally accepted at the July 2004 meeting.
Mr. Brunault stated that the lots range in size from five to eleven acres. There is no public water and no structures on the property at present. He continued that the road has been roughed out, but not graveled or culverts in place as of yet. He felt the grade of the road ranged from 10.3 to 11.4%. The road will be a private association road.
Larry Rappaport noted that Lot 14 violates the 1:4 ratio rule. Mr. Brunaualt stated that cutting the property straight across would have left the best exposure just on one lot and he felt there was no other way to break the lot up. He wished to utilize the height of the land with the view of the river. It was also determined that the back side of the lot was not a buildable section. Larry also noted that the road, due to its length, did not have access onto another Class V road. He felt that if the road connected with Washburn’s subdivision, it would then contain two egresses and be much safer. Mr. Brunault remarked that the road had been discussed last June and he had understood that a road with a loop or cul-de-sac would be acceptable. He also stated that there approximately three
acres of wetlands to cross to reach Town Line Road.
Kevin McKinnon wondered if it might be feasible to cut down Lot 15 in size, add a portion to Lot 14 and put the remaining portion in with Lot 6. Mike Ouellet noted that Lots 6 and 12 are divided by the road, which is somewhat confusing.
Kevin McKinnon asked if an erosion sediment control formal plan was available. Mr. Brunault stated that his engineer, Arthur Yorke, was working on one that would indicate culvert placement and size. In answer to Mr. McKinnon’s question regarding the flow of water, Mr. Brunault stated that the water should go into the brook bed and not onto abutting property. He also stated that the stream bed is marked on the plan.
In answer to Mike Ouellet’s question regarding if any covenants would be included in the deed, Mr. Brunault stated the covenants included no mobile homes or campers and no further subdivision. The rights-of-way for electricity, telephone and gas lines is also mentioned. Mr. Rappaport asked if Dave would be agreeable to putting on the plan that no further subdivision would be allowed for Lots 1 and 2, since these lots were not accessible from Route 3. Eddie Carrier stated that he felt the entire subdivision should be restricted from further subdivision if the proposed road with a cul-de-sac was agreed to.
Mr. Brunault was advised that, prior to this plan being accepted, he would have to address the issues of the irregularity of Lot 14 and the length of the road. With that in mind, Mr. Brunault requested a variance in respect to the lot size for Lot 14 due to the fact that to change the lot would very much effect the marketability of the lots and create a hardship. Edward Carrier made a motion to approve the variance as presented. Kevin McKinnon seconded and all present agreed.
Also requested was a variance regarding the road length. Mr. Brunault stated the road had been created as suggested by the Planning Board when members walked the site last summer. Kevin McKinnon made a motion, seconded by Edward Carrier, to approve the variance. The vote was in the affirmative with three ayes and one nay (Larry Rappaport).
Mr. Brunault’s subdivision was granted approval, conditional on the plan being revised to indicate placement of culverts, direction of water flow, and a stipulation that there be no further subdivision. It was also asked that the variances be put on the plan. CONDITIONAL APPROVAL - #625
Lands of Robert Shaw Woodlands (Tax Map R7A, Lots 1, 2 & 3) – Chairman Mike Ouellet read the subdivision application submitted by current landowners of Lot #4, Donald Dickson & Michael Godzyk. It was noted that this subdivision was originally drawn up in 1979 by Robert Shaw, but was never approved by the Colebrook Planning Board. The original plan was signed by the Columbia Planning Board (the property sits in both towns); however, was never recorded with the Registry of Deeds. This subdivision review is enable the current owners of the three lots to gain clear title for future sales. Kevin McKinnon made a motion, seconded by Edward Carrier, to accept the application as read.
Carrie Klebe explained that the plan before the Board to be approved was a copy completed by surveyor Colin Sutherland of the map originally drawn by Mr. Shaw in 1979. A second map indicates the three-lot plan from deeds, showing a certain 50-right of way from Fish Pond Road in Columbia to the lands of Bailey, Ingram & Dickson in Colebrook. Due to the longstanding separation of ownership, Mr. Dickson asked for a variance of the following regulations: locus map; indication of existing buildings; location of test pits, test pit log results, soil mapping, 5’ coutours; name, width, class and location of existing and proposed streets, easements and rights-of-way; proposed driveway locations; cross section of all proposed streets and driveways showing existing and proposed grades; location of water courses,
standing water, ponds, and final drainage; location of ledges, stone walls and other natural property features; location and dimension of property lines; area of proposed lots and open space; DES WSPCD subdivision approval; erosion and sediment control plan; traffic impact analysis; environmental impact statements; wetlands board dredge and fill permit; driveway access permit; construction bonding; town engineer review of proposal; engineering or other studies deemed necessary.
Abutter Ann Hebert was present to state she had no problem with the right-of-way that goes through her property; however, there seems to be more traffic on it, creating some erosion. She questioned whose responsibility it was to maintain it. Charles Aubee questioned the placement of the right-of-way; however, after reviewing a recorded survey map of his land, he was in agreement.
Kevin McKinnon made a motion to approve the numerous variances as requested. Larry Rappaport seconded and all present agreed.
Larry Rappaport then moved to approve and record the map as presented; Kevin McKinnon seconded and all present agreed. APPROVED #624
(It should be noted that the Registry of Deeds asked that the Columbia Planning Board also sign this new plan, even though they had approved the plan in 1979.)
Subdivision Conceptual Design:
Corrine & Steve Baillargeon – Mr. & Mrs. Baillargeon and Mr. Mark Dryjas presented a conceptual design for a subdivision off Brooks Woods Road. They had originally presented a concept in March and have since decided to subdivide only the top portion of the property into twelve lots. Mr. Baillargeon stated they still planned to have the road for this development meet up with the existing Gettings Road which exits onto Reed Road. Presently they are proposing to develop the road in the subdivision to town specs, (to the cul-de-sac at the end of the twelve lots). After the sale of some of the newly developed lots, they would be able to upgrade the current Gettings Road to town specifications.
Larry Rappaport questioned if a bond would be necessary to assure construction of Gettings Road due to the fact that this portion of the project would not be undertaken until the sale of some of the lots. He felt this would protect the town in case the project should fail. Mr. Baillargeon said he would be agreeable to putting a bond on the project. Larry also questioned if a time constraint should be put on the completion of the road. Mike Ouellet suggested that, should the subdivision be granted, a condition be made that no more than four building permits could be issued prior to the road being completed.
Mr. Baillargeon was reminded that he would need to seek a variance for the road length. He was also advised that drainage, culverts, direction flow of water and proposed driveway locations needed to be indicated on the final plan.
Conceptual Site Plan:
Rick Nadig - Mr. Nadig asked for a concensus of the Board regarding his plans for the former Ruth Walker home located on Pleasant Street. He is proposing to relocate his video store and ice cream shop at this location; along with creating two rental units upstairs. His proposal includes making a main entrance onto Main Street with a porch containing tables and chairs for outside enjoyment, including a set of stairs cut into the bank to the sidewalk. The bottom floor would be renovated for the video store while the second floor would contain the rental units. He noted that the right side of the building has a right-of-way in common with the Town of Colebrook , the State Liquor Store and the George O'Neil Veteran's Post. He proposes to cut the trees off the bank on the north side of the property
to incorporate parking spaces for 10-12 cars. This would enable cars to enter from Main Street and exit onto Pleasant Street. The garage on the end would be used for storage.
Because the addition of a porch on the side of the house would be closer than ten feet from the boundary line, Larry Rappaport explained that, should Mr. Nadig present his site plan as proposed, the Planning Board would have to disapprove it as the Planning Board could not approve a site plan knowing it would violate a zoning ordinance problem.
The Board recommended that the Mr. Nadig contact the State of NH DOT regarding the use of the right-of-way off Main Street as a one-way driveway to Pleasant Street. It was felt this was a change in use of the right-of-way and State approval was necessary. Mr. Nadig was advised that the Board could not approve a site plan without the state's approval on the driveway.
Mr. Nadig was advised that the final plan would have to be reviewed after a site plan application had been completed, duly advertised and certifieds issued. The problem of ownership was also discussed. Board members agreed they would like to see the appearance of the building remain as close as possible as it presently does.
Bills:
Larry Rappaport made a motion to approve payment of the invoice from the News & Sentinel for $55.00. Edward Carrier seconded and all present agreed.
New Business:
An approval for construction for a septic system for S + SNCD on Carlton Hill Road (R9 Lot 94) was reviewed. Also reviewed was a certificate of occupany for Gina Dagesse’s storage shed at 69 South Main Street.
It was voted by all members present to conduct a second meeting on the fourth Tuesday of the month. This meeting will be used as a work session to complete review of current regulations, work on the master plan and, as time permits, review pending applications.
Edward Carrier made a motion to approve the April minutes as presented; Kevin McKinnon seconded and all present agreed.
The meeting was adjourned at 11 o’clock.
Respectfully submitted,
Sheila M. Beauchemin
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