July 12, 2005
Planning Board Minutes
Vice Chairman Edward Carrier opened the meeting shortly after 7 pm. Board members present were Sandra Riendeau, Kevin McKinnon, Selectman Larry Rappaport, and alternate Joe Ippolito. Mike Ouellet arrived at 7:20 and resumed his position as Chairman.
Others present were Frances Haynes, Germain Boire, Ronald and Tanya Crawford; Jon Cowan, Rick Nadig, Clem Berry, Claire Lynch, Norman Senechel and Sheila Beauchemin.
Driveway Permit:
John J. Janeiro - Construct driveway access road entrance to his property on Titus Hill Road (R9 Lot 110). Public Works Director Kevin McKinnon had viewed the site and found the line of sight to the east equaled 196' and to the west, 264'. He further commented that this is an existing lot and, since access cannot be denied, the location proposed is as good an can be. A twelve inch, twenty-foot culvert would be needed. Larry Rappaport made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2005-54
Building Permits:
Germain Boire - 6' x 10' porch with front steps to his residence on Route 26 (R9 Lot 55). Larry Rappaport made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2005-55
Dean Stockwell - 24' x 36' garage with 10' porch and 17' x 20' breezeway to be added to his residence at 457 Diamond Pond Road (R2 Lot 20). Edward Carrier made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-56
Adam & Jennifer Hurd - 8' x 16' shed to be placed on their property on Route 26. Sandra Riendeau made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2005-57
Rick & Nancy Hersey - Extend their permit #2004-73 to build a 28' x 22' camp on their property on Fish Hatchery Road. Larry Rappaport made a motion to extend the permit for one year, until July 2006, or until a certificate of occupancy is received, which occurs first. Edward Carrier seconded and all present agreed. EXTEND TO July 2006
Subdivision Public Hearing:
Timothy & Lauren Plante - Chairman Ouellet read the application which indicated Timothy and Lauren Plante proposed a two-lot subdivision of their property located on Reed Road (R11 Lot 98). The subdivision would create Lot 16A equalling 8.1 acres and Lot 16B equalling 8.0 acres. A fifty-foot right-of-way would be included to access the lower parcel. A variance was requested for the requirement of showing soils and soil type lines. Larry Rappaport made a motion to accept the application as presented; Kevin McKinnon seconded and all present agreed.
Edward Carrier remarked that the right-of-way indicated was over 600 feet; however, it served only a single lot and a note on the plan indicated there could be no further subdivision. Jon Cowan stated that an earlier subdivision created monuments and pins which have stayed the same; however, the measurements involved are not the same. Abutter Norman Senechel was assured the subdivision would not affect his right-of-way.
A review of the variance request indicated that, because the soil type lines would need to be interpolated froma a very small-scale map, the errors are sufficient enough to make the information unreliable. It was noted that soil test pit data is provided on the face of the plan for both lots. Larry Rappaport made a motion, seconded by Kevin McKinnon, to approve the variance as requested. All present agreed.
Edward Carrier made a motion to approve the plan as presented; Larry Rappaport seconded and all present agreed. #627
Bradley Montague - Chairman Ouellet read Mr. Montague's application indicating a two-lot subdivision of his property, bordered by Dupont Drive and Corliss Lane. The subdivision would create Lot 1 with 5.2 acres and leave the residual equalling 32.8 acres. It was indicated that it would be necessary to hook up to the town’s public water and wastewater system. A variance for the requirement of showing soil types and soil type lines was requested. Edward Carrier made a motion to accept the application as read; Sandra Riendeau seconded and all present agreed.
Jon Cowan stated that the original lot has a only fifty-two feet of frontage on Corliss Lane. He further stated the "back section" of the lot is accessed from Scenic View Drive presently. The proposed five-acre lot has a suitable building area off the end of the pond. Access from Scenic View Drive would be difficult; therefore, it was hoped to obtain access from Corliss Lane. Mr. Cowan understood only one lot was being considered as the access to any additional lots would be problematic. Larry Rappaport questioned if Mr. Montague would be amenable to adding a "no further subdividing" covenant to the plan.
Rick Nadig questioned the fifty-two foot road frontage and asked if it could be waived. Clem Berry remarked that the subdivision regulations state a lot will have a minimum of 150' road frontage. Mike Ouellet stated that he felt, if Mr. Montague wanted to subdivide and has access from the other side, the road frontage was no issue. Kevin McKinnon stated that the subdivision plan in front of the Board indicated road frontage, and he felt it was safe to assume Mr. Montague planned to use that frontage as an access. Mr. McKinnon pointed out that the Article IV. Section 1 of the Zoning Ordinances states “any lot situated on a public street or approved private street shall have a minimum frontage of 150 feet."
Tanya and Ronald Paquette remarked that they had no problem with a driveway being added to the fifty-foot strip abutting their property; however they would prefer that the new lot be used only for residential purposes. They pointed out that the lots on Corliss Lane have a covenant in the deeds that prohibits commercial ventures. Clem Berry questioned if a business could be located on the new lot, adding his concerns for the amount of traffic, especially since the helicopter pad is located near this parcel in question.
Larry Rappaport made a motion to table a decision on the subdivision plan until the Board has town counsel's opinion regarding the 150' road frontage issue. It needs to be clarified whether the subdivsiion can be approved as presented; whether a variance can be considered regarding the 150' frontage; and whether the Planning Board has authority to grant the variance due to the subdivision regulation or the Zoning Board of Adjustment needs to grant the variance due to the Zoning Ordinance. Kevin McKinnon seconded the motion and all present agreed.
In the interim, Mr. Montague will be asked if he would consider adding "no further subdivision" on the plan; along with a covenant regarding residentual use only.
Joseph & Marilyn Ippolito - Chairman Ouellet read the application indicating a two-lot subdivision for Joseph & Marilyn Ippolito of their property located on Reed Road (R4 Lot 12). This subdivision would create Lot 1, equalling 14.10 acres on which their residence and garage currently sits and Lot 2, equalling 11.67 acres. A variance was requested for the requirement of showing the soil type lines and soil types. Edward Carrier made a motion to accept the application as read; Kevin McKinnon seconded and all present agreed.
Surveyor Jon Cowan explained that the odd shape to the lots is due to existing boundaries and the attempt to subdivide low ground and high ground to help maintain privacy. The long strip at the top of Lot 1 was created previously to maintain privacy for the Ippolito's residence and will remain with Lot 1. Both lots have an existing access. Mike Ouellet asked if there were to be any covenants or restrictions on Lot 2 to which the answer was no.
A review of the variance request indicated that, because the soil type lines would need to be interpolated from a a very small-scale map, the errors are sufficient enough to make the information unreliable. It was noted that a state approved septic system already exists on Lot 1 and test pit data for Lot 2 is on the plan. Larry Rappaport made a motion, seconded by Sandra Riendeau, to approve the variance request. All present agreed.
Larry then made a motion to approve the subdivision as presented. Edward Carrier seconded and all present agreed. #628
Subdivision Conceptual Review:
Edward Carrier removed himself from the Board.
Carrier Family Irrevocable Trust - Jon Cowan presented a concept of a two-lot subdivision of property on Route 26, owned by the Carrier Family Irrevocable Trust. He indicated that state approval was being sought due to the fact one lot would be under five acres. A public hearing will be warned for August 9th.
Eddie resumed his position on the Board.
Bills:
Larry Rappaport made a motion to approve payment of the invoice from Jordan Chronicle for $82.50 and the News & Sentinel for $89.10. Kevin McKinnon seconded and all present agreed.
New Business:
Rick Nadig appeared in response to a letter of violation he had received regarding the signs on his establishment, in particular, the one with the flashing lights. He informed the Board that he had unscrewed the light bulbs so he should now be in compliance. He had viewed the sign in question like a movie marquee, parking was limited and the sign attracted business, but was willing to comply. He stated he had been at this location for five years and it had never been an issue prior to this. He further remarked that he knew he could not do this type of advertising in his new business venture on Pleasant Street and showed the new proposed porch for that building, along with the proposed kiosk for the lawn. Sandra Riendeau asked if he felt he needed the metal, free-standing sign currently to the side of his store. Rick remarked that he uses it for promotional and, once again, when he moves to the other side of the street, he will be doing things differently. He felt it was a
little harder to attract business in his current location.
Clem Berry notified the Board that Upper Connecticut Valley Hospital were withdrawing their site plan waiver application in regards to the residence on 16A Corliss Lane, along with the proposed second driveway access and building permit. Further research had shown that the lots on Corliss Lane have a restrictive covenant against any commercial ventures. Therefore, the hospital is no longer seeking ownership of this property.
Norman Senechel questioned the feasibility of a car wash being located within the town. He was assured that the new sewage treatment plant would be able to accomodate such a venture. Whether a separate well was necessary would depend on the location. It was felt the water supply within the precinct would be adequate without the necessity of a separate well.
A complaint was received regarding a camper trailer owned by Howard Towne which appears to be parked in the right-of-way named "Kerry's Way" on Blakely Farm Road as it has been there for quite some time. A review of records indicates that Mr. Towne was issued a permit in October 2003 to build a 20' x 32' two-bedroom camp. He received an approval for construction for a septic system, but no approval for operation is filed. A certificate of occupancy has not been returned. Article IV. Section 4.A of the zoning ordinances states "Trailers or mobile homes may not be located within such District without permission from the Planning Board, except for temporary locations for periods not to exeed fifteen (15) days.” Larry Rappaport made a motion that a letter of violation be sent to Mr. Towne,
advising him he needs a permit for the camper. When the application is reviewed, the issue of the right-of-way will also be discussed. Mr. Towne will also be advised that a certificate of occupancy is needed if his camp is completed, or he needs to ask for an extension.
The Board reviewed a complaint regarding five unregistered vehicles on Richard Clark's property. It was determined that the complaint should go to the Selectboard rather than the Planning Board. Three other sites will be reviewed by the Selectboard. The fact that there appear to be businesses operating without site plans within town prompted the Board to decide to send letters of possible violations.
The following approvals for construction / operation for a septic system were reviewed:
-- Mike Konosky - Russell Road (R12 Lot 80) (4BR) Construction
-- Elaine & Haven Haynes - Harvey Swell Road (300 GPD) Operation
-- Robert Bryant - E. Colebrook Rd (R11 Lot 43) (2BR) Construction
-- Scott Cole - MacKinnon Drive (R5 Lot 64) (2BR) Construction
Old Business:
Frances Haynes was present to ask about the status of her complaint regarding the exit only sign being down on the access from LaPerle's IGA to Hughes Road. She stated that there have been near-miss accidents due to vehicles using this access and questioned the arrows painted on the pavement indicating this access. She was advised that a letter had just been sent today in regards to this issue advising Mr. LaPerle that the signs needed to be put back, reminding him they were a condition of his site plan approval.
Kevin McKinnon made a motion to approve the minutes for June 14th, with corrections. Edward Carrier seconded and all present agreed.
The meeting was adjourned at 9:30 pm.
Respectfully submitted,
Sheila M. Beauchemin
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