September 13, 2005
Planning Board Minutes
Vice Chairman Edward Carrier opened the meeting shortly after 7 pm. Members present were Kevin McKinnon; Sandra Riendeau, Selectmen Larry Rappaport and alternate Joe Ippolito. Joe was asked to sit in for Mike Ouellet.
Others present were Donna Jordan, John Strickland, Bernadine Stanton, Germaine Boire, Colin Sutherland, Rick Nadig and Sheila Beauchemin.
Driveway Permit:
Elizabeth E LaCombe & William Miller – Driveway access road entrance to their property located on Bear Rock Road (R3 Lot 29-4). The Public Works Director viewed the site and indicated the need for a 15” twenty-foot culvert. Joe Ippolito made a motion to approve the application; Larry Rappaport seconded and all present agreed. APPROVED - #2005-82
Building Permits:
Pierre Beloin – 15’ x 24’ carport to be placed at his residence at 18 Cedar Street. Property owner Clifton Boudle, Sr. gave his approval for this structure to be placed on his property. Sandra Riendeau made a motion to approve the application; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-83
Richard C. Spofford, Jr. – 30’ x 30’ barn to be placed on his property at 34 Munn Road (R12 Lot 141). Sandra Riendeau made a motion to approve the application; Joe Ippolito seconded and all present agreed. APPROVED - #2005-84
Richard A. Nadig – 10’ x 24’ porch with roof and stairs to Main Street to be located on the side of the building at 3 Pleasant Street (U8 Lot 29). This application had originally been denied due to lack of the required property line setbacks. Mr. Nadig appealed to the Zoning Board of Adjustment which granted a variance to the setback requirement. Joe Ippolito made a motion to approve the application, with the ZBA variance; Sandra Riendeau seconded and all present agreed. APPROVED with ZBA variance - #2005-85
Kellianne & Darren Lavalley – 28’ x 30’ three-bedroom cabin to be placed on their property on Carleton Hill Road (R10 Lot 102). A letter from septic designer Jim Wells indicated that the lot would support a septic system and a design was in process. Sandra Riendeau made a motion to approve the application, conditional on receiving approval for construction of a septic system. Larry Rappaport seconded and all present agreed. CONDITIONAL APPROVAL - #2005-86
Patricia Gadwah – 6’ x 10’ overhang over front door and deck on her residence at 60 Ramsay Road (R7 Lot 13). Sandra Riendeau made a motion to approve the application; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-87
Garth & Cassie Hurlbert – 10’ x 12’ breezeway and 30’ x 32’ garage to be attached to their residence at 96 Harvey Swell Road (R2 Lot 25-3). Kevin McKinnon made a motion to approve the application; Larry Rappaport seconded and all present agreed. APPROVED - #2005-88
Larry Johnson – Extend permit #2003-99 to build a porch on his residence at 1031 Route 26. Kevin McKinnon made a motion to extend the permit until December 2005, as requested, or until we receive the certificate of occupancy, whichever occurs first. Larry Rappaport seconded and the motion carried with three ayes and one nay (Riendeau). EXTENDED – December 2005
Boundary Line Adjustment Public Hearing:
Herve G. Boire Revocable Trust & Germaine and Gaetanne Boire – Vice chairman Carrier read the application which indicated a proposed boundary line adjustment between the properties of Herve G. Boire Revocable Trust & Germaine and Gaetanne Boire located on Route 26, identified on the Colebrook Tax Maps as R9 Lot 61 and R9 Lot 55 respectively. The boundary line adjustment would create Lot A equaling 2.99 acres, which would be added to Germaine Boire’s existing .91 acre. The remaining Herve Boire Revocable Trust (Lot B) would equal 11.01 acres. No variances were requested. Larry Rappaport made a motion to accept the application as presented; Sandra Riendeau seconded and all present agreed.
Larry Rappaport stated that his only concern was whether the Planning Board needed a copy of the trust agreement or if the trust agreement needed to be filed with the plan. He made a motion to approve the boundary line adjustment as presented and that legal counsel be sought to see if a copy of the trust agreement was necessary. Sandra Riendeau seconded and all present agreed. (Legal counsel advised that a copy of the trust agreement was not necessary.) #629
Michael & Sharon Grandmaison – Vice Chairman Carrier read the application which indicated a proposed boundary line adjustment between the properties owned by Michael & Sharon Grandmaison, located on Bridge Street, identified on the Colebrook Tax Maps as U7 Lot 3 and U7 Lot 1-2. The boundary line adjustment would create Lot A equaling 0.10 acre to be removed from U7 Lot 3 and added to U7 Lot 1-2. No variances were requested. Kevin McKinnon made a motion to accept the application as presented; Larry Rappaport seconded and all present agreed.
Rick Nadig, agent for the Grandmaisons, explained that a small piece of Lot 3 will have transferred to the larger field (Lot 1-2). This will make the smaller lot rectangular in shape rather than L-shaped. Larry Rappaport remarked that this would, in fact, make Lot 3 smaller than what is currently required by the Zoning Ordinances, and he questioned if the Planning Board could approve such a move. He further remarked that he could see no problem with the proposal; and, if the Planning Board had to deny the proposal, Mr. Grandmaison could seek an appeal with the Zoning Board of Adjustment for a variance.
Legal counsel was sought and the following was advised: the existing “lot of record”, identified as U7 Lot 3 on the Colebrook Tax Maps, has road frontage of 56.01 feet frontage on Bridge Street. The newly-created lot, created by the removal of Parcel A equaling 0.10 acres, would not count as a “lot of record”; and, therefore, must comply with the Zoning Ordinances. Article IV (1) of the Zoning Ordinance requires 150 foot frontage on either a public street or approved private street. The newly-created lot does not have 150 feet of frontage; therefore, the Planning Board has no option but to deny this subdivision. State law does not allow the Planning Board to grant a variance.
Larry Rappaport made a motion to deny the subdivision; Sandra Riendeau seconded and all present agreed. Mr. Grandmaison will be advised of his right to appeal the determination to the Colebrook Zoning Board of Adjustment within 30 days from the date of this decision. DENIED
Bills:
Kevin McKinnon made a motion to pay the invoices from News & Sentinel, totaling $71.50 and from Colebrook Chronicle, totaling $79.20. Sandra Riendeau seconded and all present agreed.
New Business:
Chris Allison – It was brought to the Board’s attention that a shed type structure has appeared on Mr. Allison’s property located on Reed Road (R6 Lot 1) which does not appear to have a building permit. Mr. Allison will be sent a letter of possible violation.
The Board was advised that Chester Grover came into the Town Manager’s office today in answer to his letter of possible violation. The Board advised that a letter be sent certified mail to Mr. Grover giving him thirty (30) days, or until October 22, to remedy the violation. A statement that the situation has been remedied must be submitted.
The Board was asked if a building permit was needed for a cold-water exchange system added to a building. The system consists of box-like items added to the side of a building, similar to an air conditioner. The foot-print of the building would not be affected. It was determined that no permit was needed.
Old Business
Richard Nadig appeared in regards to a letter of complaint he received September 6. The Board had advised that the ice cream signs on the telephone pole needed to be removed; the metal sign on the sidewalk must be taken in at night or removed entirely; and sign applications needed to be submitted for the “Movie Rental” sign over the ice cream sale window; the “Ice Cream” sign beside the door; and the sign under the ice cream sale window.
Mr. Nadig responded that he felt the ice cream signs on the telephone poles were regulated by the State and it should be the State that tells him what to do. He also questioned if all other signs posted on telephone poles within the town were being asked to be removed. Larry Rappaport remarked that, once a complaint is received, it is the duty of the Planning Board to investigate and deal with the complaint. The Board does not go looking for violations.
Mr. Nadig continued that he had left a note for his employees to pull the metal sign in at night; however, he was not sure whether his note was being complied with. In regards to the “Movie Rental” sign over the ice cream window, he explained that he was using the existing framework that had been there when he rented the building. The only thing he did was slide out the Oasis Waterbed panel and put in his. The “ice cream” sign next to the door, he explained, is a seasonal one and will come down shortly. He agreed that he could see the need for a permit for the sign under the ice cream window. Mr. Nadig stated he is on the bad side of the street, has little space and needs to promote his business to get customers.
Mr. Nadig stated that he would take the signs off the pole within the next 30 days. He also stated he would fill out applications for the signs the Board has asked about.
The following changes were suggested in the Rules of Procedure:
Under “Meetings” – Delete second Tuesday of the month and add “as determined by the Colebrook Planning Board.”
Under “Decisions” – Delete “65 days” and add “60 days”.
Once the changes are completed, the document will be reviewed once more prior to a public hearing for acceptance.
The following septic system approvals for construction/operation were reviewed:
Linda Staples – Route 26 (R10 Lot 16) (3BR) Operation
Garth & Cassie Hurlbert – Harvey Swell Rd (R2 Lot 25-3) (3BR) Operation
Bernard Hanscom – Route 26 (R12 Lot 51) (2BR) Operation
Julie/Peter Kulessa – Gr. Mtn Drive (R12 Lot 88) (3BR) Operation
The following certificates of occupancy were reviewed and signed:
Richard Boucher – Shed, First Street
Garth & Cassie Hurlbert – 3 Bedroom Home, Harvey Swell Road
Barbara Landry – Shed, Couture Street
Charles J. Lewis – Front Porch, Park Street
Peter & Jane Filaroski – Enclosed Porch & Decks, Route 26
Kevin McKinnon made a motion to approve the August 9th and 23rd minutes. Sandra Riendeau seconded and all present agreed.
The meeting was adjourned at 9:30 pm.
Respectfully submitted,
Sheila M. Beauchemin
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