July 26, 2005
Colebrook Planning Board Minutes
Chairman Ouellet opened the meeting shortly after 7 pm. Board members present were Kevin McKinnon, Sandra Riendeau and alternate Joe Ippolito. Joe was asked to sit in for Edward Carrier.
Others present were Frances Haynes, William Smith, Robert Gustafson, Donna Jordan, Brad Montaque, Tanya and Ronald Crawford, Bernard Hanscom, Nancy Peavey, Jon Cowan, Michael Patenaude, and Sheila Beauchemin.
Building Permit:
William Smith - 8’ stockade style fence on three sides of his property, along with a 12’ x 12’ porch, located at 39 Second Street (U3 Lot 37A). Mr. Smith explained that he does welding in the garage on his property. He felt the fence would be a safety feature, deterring any child or person from watching which could cause them to damage their sight. He understood that the good side would need to be out and that he needed to place it three feet off the boundary line. Mike Ouellet explained that Mr. Smith would need two separate permits to cover the fence and the porch. Mr. Smith decided to ask for a permit for the fence only and deleted the porch from the application presented. Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-58
Robert Gustafson – 12’ x 30’ canvas garage to be placed on his property at 13 Gustafson Lane (R10 Lot 48). Kevin McKinnon made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2005-59
Craig & Tina Hamelin – 10’ x 14’ shed to be placed on their property at 69 Russell Road (R12 Lot 49). Kevin McKinnon made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2005-60
Scott Bourque – 36’ x 56’ three-bedroom vacation home to be located on his property on Russell Road (R12 Lot 81). Kevin McKinnon made a motion to approve the permit, conditional on receiving approval of a septic design from DES; Joe Ippolito seconded and all present agreed. CONDITIONAL APPROVAL - #2005-61
Paul Lipnick – 20’ x 24’ garage / storage shed to be placed on his property on North Main Street (U1 Lot 10). Joe Ippolito made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-62
Brian Beaton – 4’ x 8’ front deck and 10’ x 20’ back deck on rental trailer at 510 East Colebrook Road. Sandra Riendeau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-63
Derwood & Simone McKeage – Place a 12’ x 60’ mobile home as storage only on their property on Hartlen Avenue (R9 Lot 121). It was noted that the front, back and right setbacks were not indicated; therefore, Kevin McKinnon made a motion to table the permit. Sandra Riendeau seconded and all present agreed. TABLED
Richard Nadig – Place porch on the front side of the building located at 2 Pleasant Street. This application was originally denied and Mr. Nadig sought a variance from the Zoning Board of Adjustment Due to a confusion presented by the minutes of the Zoning Board of Adjustment meeting, it was determined to revisit this application at the next meeting.
Sign Permits:
Nathan Drum – 3’ x 4’ sign, stating “Lancaster Eye Care”, to be placed on the existing metal sign bracket on the building at 88B Main Street. Permission from the landowner for the placement of the sign was included. Kevin McKinnon made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2005-64
Lemieux Garage – Change wording on existing 6’ x 8’ sign located at 161 Main Street. Michael Patenaude of Barlow Signs explained that the Lemieux Garage was changing to an Irving station, necessitating the change in sign. Larry Rappaport explained that current zoning ordinances state “any sign which is larger than thirty-six (36) square feet as measured by the produce of its total width and total height” is prohibited. Any change must be considered under the current ordinance; therefore, the Planning Board would have no option but to deny the permit. Mr. Patenaude was advised that, if he chooses to seek acceptance for a sign of this size, he would need to apply to the Zoning Board of Adjustment for a variance. DENIED
Lemieux Garage - 2’ x 10’ 6” aluminum panel, stating “Irving” on the existing canopy over the gas pumps located at 161 Main Street. Kevin McKinnon made a motion to approve the permit; Joe Ippolito seconded and all present agreed. APPROVED - #2005-65
Lemieux Garage – 5’ x 7’ sign, stating “Irving”, on existing steel pole at 161 Main Street. Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2005-66
Waiver of Site Plan Regulations:
Nathan Drum – Request for a waiver of site plan regulations for the use of the property located at 88B Main Street. Mr. Drum proposed to open a satellite office to his optometry practice at this site. His grounds for a waiver were that the location had been used for a business in the past. A letter of approval was attached from the owner of the building. Mr. Drum further explained that he planned to see patients one or two days per week, with possibly nine exams a day. Traffic to and from the site should be light, with the curbside parking existing in front of the building as sufficient. Kevin McKinnon made a motion to approve the waiver; Joe Ippolito seconded and all present agreed. Mr. Drum 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 Public Hearing (continued):
Bradley Montague - A hearing to consider the acceptance of Mr. Montague’s subdivision application and to consider a hearing on same commenced on July 12, 2005. The application was accepted as read. The plan indicated 52.4 feet frontage on Corliss Lane for the proposed 5.2 acre lot. After considerable discussion regarding whether the Planning Board could issue approval due to the fifty-two foot frontage on Corliss Lane, the hearing was tabled while the Planning Board obtained town counsel’s advice. All present were advised that the public hearing would continue on the July 26, 2005.
Jon Cowan, surveyor, presented a modified plan for the above subdivision which indicated notes that lot 1 would not be further subdivided and could be for residential use only, with a covenant in the deed prohibiting any commercial business on the lot. A 50-foot right-of-way would be reserved for use by Bradley Montague (and his heirs and assigns) for the purpose of ingress and egress to the remaining land now owned by said Montague. Notes explained that the right-of-way could be moved by mutual agreement between the owner of Lot 1 and of said Montague, his heirs or assigns. The 50 foot right-of-way was indicated on the plan running from the 52.4’ frontage on Corliss Lane through Lot 1 and centered on the existing roadway.
Article IV (1) of the Zoning Ordinance requires 150 foot frontage on either a public street or approved private street. Therefore, the Planning Board had no option but to deny this subdivision as state law does not allow the Board to grant a variance. Kevin McKinnon made a motion, seconded by Sandra Riendeau, to deny the subdivision due to the lack of 150 foot frontage for the proposed new 5.2 acre lot.
Mr. Montague, and his surveyor Jon Cowan, were advised of their right to appeal the determination to the Colebrook Zoning Board of Adjustment within 30 days from the date of this decision. They were further informed they should contact Heidi Lawton in the Town Manager’s office if they wished to appeal the determination. DENIED
New Business:
Bernard Hanscom & Nancy Peavey – Mr. Hanscom and Ms. Peavey appeared in answer to the letter they received regarding the six campers belonging to them and family members, located on their property off Route 26 (R12 Lot 51). They had been informed that this type of arrangement does not constitute a “campground” under the Town of Colebrook Zoning Ordinances; however, each trailer was in violation due to the fact a building permit had not been applied for. Further, this type of arrangement is considered a campground under RSA 216-1 and they needed to (1) have a minimum of 1,000 square feet per site; (2) have a public water supply or DES approved private supply; (3) have a DES approved disposal system.
Mr. Hanscom stated that he had not thought it necessary to apply for a permit for the campers if they were registered. Mike Ouellet explained that the Town of Colebrook Zoning Ordinances require that any trailers or mobile homes located within the district more than fifteen (15) days need to be permitted.
Mr. Hanscom explained that they had just received an approval for construction for a two-bedroom septic system to be placed on the property in question. He stated that the various campers are only used from Memorial Day to Labor Day on weekends only. They are not used in the winter. He felt the septic system, along with a portable potty, should be sufficient for the six campers used only two days per week or a total of 20 days per year. Kevin McKinnon mentioned that one portable toilet for every six sites used to be the law, but no one was sure what the law reads today. It was also stated that a two-bedroom system is the minimum size allowed by the state with the frequency of use of a septic system not considered.
Mr. Hanscom stated the property is not used for commercial purposes, but as a place for his family to gather on summer weekends. He did not feel they should be considered as a campground. Kevin McKinnon explained that state law supersedes town regulations and asked where the gray water and septic goes from each camper trailer. Mr. Hanscom explained that, currently, a portable toilet is used which is pumped periodically. Kevin also asked where the water came from. Mr. Hanscom stated there was a hand-dug well on the property which was hooked on to his camper only and that everyone else came to his camper to shower. In answer to 1,000 square feet per camp, Mr. Hanscom explained that he owns sixteen acres, which is larger than most existing campground site.
Mike Ouellet questioned if one septic system was enough, or if one portable toilet for five campers was sufficient. He stated that the Board understood the length of stay appeared to be minimal, yet all six campers would be using one septic system. Kevin McKinnon questioned if a six-bedroom system was necessary. Mike Ouellet suggested that Mr. Hanscom and Ms. Peavey check with his septic designer or DES to see if this set-up was acceptable or if a waiver could be granted for this situation.
Kevin McKinnon made a motion to table the campground violation until further information is received. Joe Ippolito seconded and all present agreed.
The following approvals for construction / operation of septic systems were reviewed:
Cassie & Garth Hurlbert – Harvey Swell Road (R2 Lot 25-3) (3BR) Construction
Robert Keazer – Harvey Swell Road (R2 Lot 16 & 24) (6BR) Construction
Julie & Peter Kulessa – Green Mtn Drive (R12 Lot 88-10) (3BR) Construction
Thomas Bearor – Upper Roaring Brook (R12 Lot 75) (3BR) Construction
Old Business:
Frances Haynes was present to see if Mr. LaPerle had responded to the letter sent to him about her complaint regarding the absence of the entrance sign for delivery trucks only on the Hughes Road entrance. She was advised that, since the letter was mailed on July 14th, the Board would give him until the next meeting (August 9th) to respond before recommending to the Selectmen to start legal proceedings. Frances, once again, remarked that there have been very close calls of an accident since people have begun using the access as an exit. She also felt the new sign should be larger than the former one. She remarked that there are arrows painted on the pavement indicating this access as an exit.
A new complaint regarding the various signs on the building located at 199 Main Street was reviewed. Pictures presented indicated at least seven signs which would need to follow the permitting process. Currently only one sign permit is on record for this establishment. It was also noted that the pink ice cream flavor sign is on the area containing the apartments, not on the portion of the building that the business is located in. The proprietor, Rick Nadig, will be asked to come before the Board to discuss the issue.
Discussion regarding what constitutes a temporary signs ensued. Chairman Ouellet asked that the Board to review the Rules of Procedure and be ready to approve or disapprove them at the next meeting.
Kevin McKinnon made a motion to approve the revision to the Building Permit; Sandra Riendeau seconded and all present agreed. This pertained to the addition of the statement regarding the number of bedrooms being put in a residence.
Kevin McKinnon approved the June 29th and July 12th minutes as presented. Joe Ippolito seconded and all present agreed. The meeting adjourned at 9:30 pm.
Respectfully submitted,
Sheila M. Beauchemin
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