June 29, 2005
Planning Board Minutes
Chairman Mike Ouellet called the meeting to order shortly after 7 pm. Members present were Edward Carrier, Kevin McKinnon, Sandra Riendeau, Selectman Larry Rappaport, alternates Joe Ippolito and John Jolles.
Others present were Malcolm Washburn, Eric Marsh, Richard Nadig, Bernard Carrier, Richard Collins, Tim Brooks, Charles Goulet, John Strickland, Phil Lambert, Benoit Lamontagne and Sheila Beauchemin.
Prior to the beginning of the public hearing, Mr. Jolles asked if he should sit in on the hearing as he had been appointed at the last meeting on this issue in the absense of Edward Carrier. Chairman Ouellet felt Mr. Carrier should resume his seat and that Mr. Jolles could offer any comment as an alternate. Larry Rappaport left the meeting at 9:30 pm.
Driveway Permit:
Richard Nadig - Access to his property located on 3 Pleasant Street. Public Works Director had viewed the site and noted that no culverts were necessary. Edward Carrier made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-58
Building Permits:
Mark & Annette Hanson - 26' x 52' modular home to be placed on their property on Steven's Hill Road (R5 Lot 17). This application had been tabled at the last meeting. Since that time, the Hanson's have indicated they will build a two-bedroom home and the front setback will be at least twenty feet from the boundary line. Kevin McKinnon made a motion to approve the permit, conditional on receiving an approval for construction of the septic system; Edward Carrier seconded and all present agreed. CONDITIONAL APPROVAL - #2005-49
Garth & Cassie Hurlbert - 28' x 66' modular home to be placed on their property off Harvey Swell Road (R2 Lot 25-3). This application had been tabled at the last meeting due to lack of number of bedrooms. Since that time, the Hurlbert's have indicated they plan to build a three-bedroom home. Larry Rappaport made a motion to approve the permit, conditional on receiving an approval for construction of the septic system; Sandra Riendeau seconded and all present agreed. CONDITIONAL APPROVAL - #2005-50.
Bernard Hanscom & Nancy Peavey (continued)– Place roof over 16’ x 30’ camper located on their property off Route 26 (R12 Lot 51). Statement on application indicated there were six other campers on site. Motion approved at June 14th meeting to obtain town counsel’s opinion regarding whether this qualified as a recreational campground. Town counsel stated that under Town of Colebrook Zoning ordinance, this does not constitute a campground; however, each trailer is in violation due to the fact that a building permit was not applied for (Article IV. Section 4(A). He further stated that this type of arrangement is a “campground” under RSA 216-1 and must conform to the following requirements under state law: (1) a minimum of 1,000 square feet per
site; (2) a public water supply unless DES has approved the use of private supply; and (3) a DES approved disposal system. Larry Rappaport made a motion to deny this application as presented and notify Mr. Hanscom and Ms. Peavey that the above documentaion must be provided to the Board or they will be considered in violation of RSA 216-1 and the town will have no choice but to pursue enforcement action. Edward Carrier seconded and all present agreed. DENIED
Don Campbell - 8' x 41" ramp access to shed on their property at 54 Pleasant Street (U9 Lot 16). Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-51
Scott Cole - 24' x 28' camp to be placed on his property, Lot 11 on MacKinnon Road (R5 Lot 64). Mr. Cole had already received an approval for construction of a septic system from DES, with an advisement that he could be filling wetlands. Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-52
Helena Bryant / Brian W. Beaton - 8' x 12' shed to be placed on Lot 41 in Windsor Park Estates trailer park. Edward Carrier made a motion to approve, conditional on receiving permission from the landowner, Dominic Castildi. Sandra Riendeau seconded and all present agreed. CONDITIONAL APPROVAL - #2005-53
Richard Nadig - 10' x 24' porch to be placed on his property on Pleasant Street. The application indicated that the front setback would equal eight 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…” (Article IV.1) Therefore, the Planning Board had no option but to deny this permit as state law does not allow the Board to grant a variance. Edward Carrier made a motion to deny the permit; Sandra Riendeau seconded and all present agreed. DENIED
Site Plan Public Hearing (continued):
Richard Nadig - Mr. Nadig introduced the drawings indicating more detail of how the site at 2 Pleasant Street would look with the building being used for a video/ice cream shop and two rental apartments. As asked, he had indicated elevations, placement of trees, shrubs and signs. He also remitted a copy of the letter he had received from the Department of Transportation indicating approval for the change of use of the right-of-way entrance from Route 3, along with two letters of support from Senator John Gallus and Tim Brooks. Also included was a letter from a Colebrook Downtown Development Association member, Ginger Jannenga, speaking in support of the project. Mr. Nadig remarked that he had filed for a driveway permit onto Pleasant Street. Public Works Director Kevin McKinnon indicated that he would
be using the curb cuts for the existing garage with no physical change on Pleasant Street.
Chairman Ouellet then read the letters of support. Senator Gallus commended Mr. Nadig for his project. Tim Brooks wrote that he supported the endeavor; and since the historical society was unable to procure the home, he felt this venture was better than the alternative of having the site made into a parking lot. Ginger Jannenga stated she felt the project would be an attractive addition and asset to Main Street.
Eric Marsh, President for CDDA, stated that Colebrook Downtown Development remained neutral, however, would help Mr. Nadig as a merchant in any way possible just as the association helps the entire Main Street businesses. He stated he felt the venture was good for business in general but he would not comment on the design.
Rick Collins remarked that traffic congestion has always been a problem on that corner for businesses. He felt Mr. Nadig's addition of parking spaces and the one-way traffic exiting onto Pleasant Street would help relieve the congestion. Mr. Collins did not feel school hours should be an issue because, in his experience, not many people are renting movies during the day. A study conducted by him earlier indicated the peak hours for rental business is holidays and between four and nine in the evening. Mike Ouellet asked Mr. Nadig if he proposed the driveway to be one direction. Mr. Nadig stated he did not believe he could put a one-way sign on a shared right-of-way, but he felt the layout would lend itself to the driveway being used only one way. Larry Rappaport remarked that the tractor trailer that
delivers freight to the liquor store has to drive back out onto Route 3 as there would not be room for him to make the turn onto Pleasant Street from the right-of-way. Mr. Nadig did suggest that he could post a "Do Not Enter" sign on his entrance off Pleasant Street. Bill Sambito commented that he favored traffic going in to the right-of-way and out onto Pleasant Street as additonal traffic at the Bridge and Main Street intersection would be unbearable. Bernard Carrier did remark that there is not as much traffic now at that intersection as there was when Manchester Manufacturing was in business.
John Kaufmann, architect, commented he hoped that Mr. Nadig would do what he could to preserve the historical aspect of the building. He stated he realized that Colebrook does not have a historic building listing; therefore, it was up to the community and the developers to work to keep the asthetics reflective of the period the building was built. Rick responded that he wanted to try to maintain the look of that era and would not be changing the front of the building. He also stated that the interior had already been changed quite a bit prior to his purchase with false ceilings added and beams cut. He has found that the framework is beautiful and he is trying to stay with it, along with saving old trim to put back.
Mr. Kaufman stated he felt the biggest problem was the addition of the porch on the Main Street side of the building. He felt there were certain details that could be added to Mr. Nadig's design that would enhance the project. The fact that all the buildings along that side of the street are further back from the sidewalk has created a setback line and Mr. Kaufmann questioned if Mr. Nadig's design for the porch might bring the building too far into the street. Mr. Nadig responded that he had purchased this building to have an entrance onto Main Street for his business. The main feature was to have a covered porch with room to put tables and chairs. He believed putting the porch on the side towards Pleasant Street would take away from the asthetics of the house, creating additional congestion on the Pleasant
Street sidewalk. Placing it where he has allows people to enter from the parking area on the side and the exit from the porch to the lawn or terrace in back where picnic tables are proposed. Charles Goulet remarked that the porch would provide a place for people to get in out of the weather. Discussion followed regarding the steps from the sidewalk to the porch - whether they would be best recessed, coming from a platform type porch to both sides rather than direct to the street. Mr. Kaufman offered to help Mr. Nadig tweak his plan somewhat to keep the porch on the Main Street side but also have it match the period the house represents.
Edward Carrier reminded Mr. Nadig that the addition of the porch as designed presently would have to go through the Zoning Board of Adjustment for a variance for two reasons -- zoning regulations state any new structure cannot be placed nearer the roadway than the front of the adjoining structures and the setback with the addition would be less than required by the zoning ordinances. Kevin McKinnon stated that the Planning Board would have to disregard the porch in order to approve or disapprove the site plan. No site plan can be approved until it complies in all respects to any and all pertinent ordinances.
Tim Brooks spoke in favor of Mr. Nadig's plan for the building. He felt this project would help beautify the building and bring it back to life; much better than it being torn down and having a parking lot, perhaps, there instead. Mike Ouellet stated that the Planning Board is pro-business and some of the questions asked tonight are to follow the guidelines regulated by the state. He continued that there had also been numerous concerns regarding the historical value of the home and the public hearing was the place to review these concerns. Bernard Carrier stated he felt this project would magnify Main Street. Mr. Kaufmann agreed that the discussion should be to try to find the best way to keep the historical character alive - not to stop from adding on - but to pay attention to details.
In answer to other questions regarding the structure, Mr. Nadig noted that he is adding an eight-foot handicapped ramp at the first door on Pleasant Street. There will also be a fire escape added to the back of the building to create two methods of egress. He further remarked that the sills under the barn need to be replaced, therefore, he might find it necessary to remove the present garage doors. Mike Ouellet asked that if he replaced the garage doors to please keep in mind something cosmetically the same and not install a roll-up garage door. The present plan indicates the planting of three trees. Mr. Nadig stated he may be able to put more once the major renovation is done. Some of the top soil he has had to remove to get to the sills in back will be replaced, but cut down some. He plans to
add exterior lighting to the back of the house to illuminate the parking area and did not feel this would be a detriment as there are no apartment windows on that side.
Mr. Nadig stated that he plans to put ledge pack in the parking area. John Jolles expressed concern regarding the drainage pooling in the right-of-way. Kevin McKinnon noted that there is a drain on Main Street and the landscaping should be completed so that all water will go to the drain. When asked about snow removal, Mr. Nadig stated he felt there would be quite a bit of room in the back; however, if necessary, he would load the snow and take it down to the gym and dump it. Where this building will be utilized as a business and rental apartments, Kevin McKinnon reminded Mr. Nadig to keep in mind the parking requirements necessary per employee and rental unit, along with spaces for customers.
Kevin McKinnon questioned the placement of signs. Mr. Nadig's plan indicates one will be on the front of the building and one on the side. He was reminded that none can have flashing or running lights to which Mr. Nadig agreed. Lights shining down on the signs would be acceptable. The presence of the coke machine on the porch was discussed, with the suggestion that, perhaps, an antique style machine would better fit the facade.
Larry Rappaport remarked that all his questions had not been answered, and he understood that Rick was unable to because he was not sure what he would run into. Larry stated he was uncomfortable that he did not have enough information regarding the project, but he felt Rick would do okay based on his Colebrook Gym project.
Eddie Carrier stated he felt Rick had provided enough information in regards to safety, lighting and drainage - all things the Board is required to consider in a site plan review. Sandra Riendeau remarked that she felt this business venture could become a “stepping stone” for the town. People would stop to get ice cream, look around and decide to stay to check out other businesses on Main Street.
John Strickland remarked that he is not against the idea of an ice cream shop; he just asks that Mr. Nadig abide by the current sign regulations. He expressed a hope that the new venture would not look like the current business next door to him. Mr. Kaufmann also remarked that what what he was hearing from the general populace was that the basic idea was good, however, there was some fear that the plan wouldn’t be carried out. He further remarked that he felt the plate glass should be kept to a minimum in this venture and promoting of movies should, perhaps, be done somewhere besides the window.
Sandra Riendeau made a motion to approve the site plan for use as an ice cream/video store, without the porch. Edward Carrier seconded the motion and it passed with three ayes and one abstention (Rappaport).
Excavation Permit:
Town of Colebrook - Chairman Mike Ouellet read the excavation permit application from the Town of Colebrook for land owned by Phil Lambert, Jr. on Skyline Drive, identified as R9 Lot 111 on the Colebrook Tax Map. It indicated that one pit (approximately 6.5 acres) was being proposed for the 56.75 acreage parcel. The estimated volume of material to be removed was 200,000 cubic yards with a twenty-five foot vegetated buffer to be maintained along Skyline Drive. The excavated material will be used for construction on the abutting parcel, with approximately 400 feet of Skyline Drive traveled to reach the gate of the landfill. Dump trucks will make approximately fifty trips per day. It is proposed to deplete the site by July 2008; debris will be eliminated with a portable screener and the topsoil removed
will be stockpiled to be used in restoration. The site will be graded to eliminate ponding of water. The existing log yard wil be leveled and reseeded. Included were various site specific attachments .
Abutter Malcolm Washburn asked if the Town of Colebrook was making the application and not Mr. Lambert. Mike Ouellet responded that the permit shows both Phil Lambert and the Town of Colebrook as applicants. Larry Rappaport explained that the reason for the excavation permit is to build a berm. Since the Town doesn't have enough land, they have contracted to use the abutting property owned by Phil Lambert. Mr. Washburn also asked if the excavation material will be used for anything but the landfill and the answer was no. Further questions by Mr. Washburn revealed the proposed hours of operation were from 7 am to 7 pm, Monday through Saturday. In regards to dust and noise abatement, Kevin McKinnon responded that a water truck will be on site to help contain dust and the trees will act as a buffer; however, he
admitted the abutters will hear some noise. Mr. Washburn felt it was ridiculous for the operation to be run twelve hours a day, six days a week. Mr. McKinnon explained that it was essential that a berm be built first before any action can be taken to alleviate the landfill problem. Larry Rappaport stated that the state was limiting the town to two years to remediate the problem; therefore, the work period is intense. Mr. Washburn retaliated that he knew this operation could be done on a reasonable basis and he also understood that the Town is now under a deadline and the local people will pay with noise, traffic and dust. He asked if the hours of service could be cut.
Mike Ouellet asked how far the excavation point was from Mr. Washburn's home to which he answered approximately 500 feet. Mr. Washburn asked if, once the berm is constructed, will the trucks be running all night long. Larry Rappaport responded that the town is hiring a person to maintain when the landfill will be open for this project and when it will be closed. Mr. Washburn remarked that this person would not be able to restrict the trucks arriving early and running while waiting to get in.
Mr. Washburn remarked that, once this project is completed, the Town will no doubt need to rebuild the whole length of Titus Hill Road as there will be nothing left of it. He advised the town to begin the project with strong regulations to keep the haulers in control. Larry Rappaport stated that there is already money in the budget to fix the road. Phil Lambert remarked that what Mr. Washburn had stated was 100 percent correct; however, to use this property location for the excavation would only help the situation. Otherwise, the dirt would have to be hauled up Titus Hill Road.
Mr. Washburn stated he understood the selectmen's position - they have had to make a choice for the overall benefit of the Town and, in so doing, a portion of the Town would suffer. He also stated that he knew from past experience what would happen. He, Solange Swallow and other abutters would live in a dust bowl. He felt the contractor would press the town to the limit and, even though the hours stated were 7 to 7, the trucks would start at 6 and push beyond at the other end. Mike Ouellet asked Mr. Washburn what hours he would agree to and he responded 7 am to 6 pm, five days a week. Mike then asked, if the Town agreed with Malcolm's suggestion, what would happen. Kevin McKinnon opinioned that it could cost the town more to bring in more trucks to accomplish the necessary work in shorter hours.
Malcolm then stated he would ideally like to see the hours as 7 to 6, Monday through Friday with maintenance of equipment on Saturday; however, he would agree to working hours of 7-noon on Saturday. He once again stated dust will be the big issue and the water truck will need to be used proficiently for dust abatement.
In regards to the twenty-five foot buffer line on Skyline Drive, Malcolm asked if there would be one between his land and Mr. Lambert's as there are no trees there now. Mike Ouellet remarked that the map indicated that the excavation site is on the south side and Mr. Washburn's land is on the north side.
Mr. Washburn expressed concern regarding the safety issue at the intersection of Skyline Drive and Titus Hill. He stated that he owns the piece of land at the intersection, and he offered the land to the Town at no cost to widen the intersection or do whatever was necessary to help avoid the possibility of accidents. He also expressed grave concern regarding the safety issue when two trucks meet on portions of Titus Hill, in particular near Jim Biron's residence, and asked if there was any way to widen the hazardous areas, even temporarily. Larry Rappaport stated the owner of the property, Mike Grandmaison, was approached and offered to contract with the Town to blast the ledge at that area. It was further explained that hazardous waste will not be hauled while the excavation is being completed as the berm must be
completed before the waste is hauled to the site. Mr. Rappaport explained that waste hauling will need to be conducted on Saturdays in order for the project to be completed in the two years mandated by the State. Dust control will include all of Titus Hill Road with chloride put on Skyline Drive.
Eric Marsh expressed a concern regarding traffic and the fact that Titus Hill is a bus route. Larry Rappaport responded that Mr. Nugent has been notified. Claire Lynch also expressed a concern with the entrance to Titus Hill Road and the fact trucks may use it as a running ramp.
Claire Lynch asked if the excavation site will be kept open after the berm in completed. Mike Ouellet answered that the permit application indicates the pit will be closed per State law, sloped and seeded down.
Edward Carrier made a motion to approve the excavation permit application with the hours of operation restricted as follows:
Monday through Friday, 7 am to 6 pm; Saturday, 7 am to noon. Sandra Riendeau seconded the motion and all present agreed.
Bills:
Edward Carrier made a motion, seconded by Sandra Riendeau, to pay the invoice from Jordan Chronicle for $29.70.
New Business:
A complaint from Frances Haynes was reviewed regarding the fact that the exit only sign is down for the access from LaPerle's IGA to Hughes Road. Mike Ouellet remarked that it had been part of the site plan approval that the exit only sign be in place; therefore, a letter of violation should be sent to Mr. LaPerle advising him to replace the sign.
A question regarding whether a permit was necessary to put 4' x 8' solar panels on a roof was reviewed. All Board members agreed a permit was not necessary.
The Office of State Planning Memo Land Use Survey was reviewed and completed.
Old Business:
The Board reviewed the complaint once more from John Strickland regarding the possible sign violation at the First Run Video store. John remarked that the current building looks tacky with all the signs, banners and posters. Mike Ouellet stated that a review of the sign ordinance indicates that any sign not behind the window is in violation. A sign on the outside of the building without a permit would need to be taken down. Flashing lights around a marquee in the window is in violation of the sign ordinance; however, an "open" sign that is turned on and off is allowed. John questioned the picnic tables and whether a permit was needed. It was not felt a permit was necessary as long as the tables were on the owner’s property. Larry Rappaport made a motion to send a letter to
Mr. Nadig informing him that any sign outside his building without a permit was in violation, along with the flashing lights in the window. It is understood that posters inside the window advertising movies are not in violation. Joe Ippolito seconded the motion and it passed with three ayes and one nay (Riendeau).
In regards to the possible filling in of wetlands, Mr. Noonan of the New Hampshire Legal Municipal Association advised the Town to call FEMA, describe the filling and ask if it was considered "significant". The Board felt this should be handled by the Selectmen.
The meeting was adjourned at 10:30 pm.
Respectfully submitted,
Sheila M. Beauchemin
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