November 8, 2005
Planning Board Minutes
Chairman Mike Ouellet called the meeting to order shortly after 7 pm. Board members present were Edward Carier, Kevin McKinnon, Sandra Riendeau; Selectman Larry Rappaport; alternates John Jolles and Joe Ippolito.
Others present were Beno Lamontagne, Chester Wentworth, Donna Jordan, Rick Nadig, Claire Lynch, Susan Smith and Sheila Beauchemin.
Public Hearing for Revised Subdivision Regulations
Chairman Ouellet opened the public hearing regarding the revision of the subdivision regulations for the Town of Colebrook. He explained that the proposed regulations are basically the same as today’s; however, the wording had been changed to more accurately reflect what constitutes a completed application, along with what information is required in order for the Planning Board to approve or disapprove a subdivision plan. The front cover and revised typical cross section design on page 22 were accepted by the Board. Rick Nadig asked why the Board had decided to go with 200 foot protective radius for a well site, when the state only asks for 75 feet. Kevin McKinnon explained that this statement refers to commercial enterprises or campgrounds, not residential homes. With no other questions from the
public, Larry Rappaport made a motion to approve the subdivision regulations as presented. Kevin McKinnon seconded and all present agreed.
Public Hearing for Rules of Procedure:
Chairman Ouellet announced that the public hearing on the proposed Rules of Procedure for the Colebrook Planning Board was open. Discussion ensued regarding the stated order of business within the rules and the statement that the Chair was allowed to change the order of business with the consent of the Board. Larry Rappaport noted that the Board wished to have some flexibility when dealing with an issue that is contentious and needs a certain amount of time. Sandra Riendeau questioned if it might be advantegeous to have people sign in as they arrive, but the consensus of the Board was that does not always work. Whereas town counsel had not yet gotten back to the Board with his recommendations, Larry Rappaport made a motion to continue the public hearing to November 22nd. Kevin McKinnon
seconded and all present agreed.
Public Hearing Regarding Amendment to Zoning Ordinance:
Chairman Ouellet opened the public hearing regarding the proposed amendment to the Colebrook Zoning Ordinances. The proposed amendment will define temporary signs by placing the following in Article III:
Temporary signs: Any sign placed outdoors for a period of time of 30 days or less.
To explain the procedure for the placement of tempoary signs, the following will be placed in Article IV, Section 11:
Temporary Signs: Any sign placed outdoors for a period of time of 30 days or less is considered a temporary sign. While permits and fees are not required, the Town of Colebrook shall be notified of the sign placement using the form designed for this purpose. Additionally, the sign must show the date of placement in letters easily read from street level.
Chairman Ouellet explained that the Board had proposed to make the procedure as simple as possible. All that would be required was a simple form filled in and faxed to the office for recording. There would be no permit issued. No fees were involved. The only thing asked was that the sign be dated.
Rick Nadig remarked that he felt 30 days for a seasonal sign was unreasonable. The seasons are short and this gives a small amount of time to do business. He considers his ice cream cones as temporary signs for the summer months of April through September. Thirty days would not allow him to put these up. Sixty to ninety days would be more appropriate. Larry Rappaport offered the option that the signs be put out and taken in at night.
Mr. Nadig continued that there had been one complaint over the five years he had conducted business and he knew of no other problems with temporary signs on other businesses. He also felt that the lack of people present for the public hearing also showed that temporary signs were not a problem.
Larry Rappaport stated that it should be understood that a sign behind glass (window) is non-regulated; along with any placed in the kiosks on the former Walker House property. Signs in these two instances can be left up for an undetermined amount of time. Rick Nadig stated he felt the “Welcome to Colebrook” signs were illegal due to their placement on telephone poles. Larry Rappaport remarked that Public Service and the Secretary of State had okayed the placement.
Rick Nadig commented that this proposed regulation creates one more piece of paper for him. Everyone is busy, including the Planning Board; and this regulation is creating more work for the Planning Board. John Jolles remarked that the intent was to prevent signs from being in place forever and ever. Larry Rappaport stated he understood Rick’s point and that is why the Board is trying to make the process simple. The Board is attempting to head off any future problem by addressing the common good for all business and create an environment as appealing as possible. Rick responded he felt the more regulations created lessened the reason for people to come here. He also feels neighbors should respect their neighbor’s choices.
Kevin McKinnon observed that the Board would not be voting on this issue tonight. The public hearing was to gain input and, perhaps, the Board might need to look into changing the time limit. Mike Ouellet remarked that, should the ordinance pass with the stated 30 days and it is found that does not work, next year it could be changed again. Joe Ippolito remarked that he would agree that 30 days might be too short a time frame. When asked what he would like to see, Mr. Nadig responded 120 days. Mike Ouellet stated he could agree to 120 days for ice cream; however, in other instances, that would be too long a time.
Donna Jordan asked if it was the Planning Board’s intent to fine someone if the sign remained up longer than the stated time. Larry Rappaport remarked that the Board never had done that. The usual procedure is to write a letter (two or three times if necessary) before turning the issue over to the Selectmen for enforcement. They, in turn, write another letter and call the person. If no remedy is seen, the matter then goes to town counsel.
Mike Ouellet polled the board regarding amending the 30 day time frame. Kevin McKinnon agreed that the time needed to be increased, leaning towards 120 days. He felt, if that did not work, it could be amended again next year. Larry Rappaport stated he could see where 120 days would be okay in Mr. Nadig’s case but it is too long otherwise. Joe Ippolito would rather look at 45 or 60 days. John Jolles felt it was time to put the amendment as written before the voters to decide.
Kevin McKinnon made a motion, seconded by Larry Rappaport, to continue this hearing to November 22nd. The motion passed with three ayes and one nay (J. Jolles).
Driveway Permit:
J. David Bray (agent for Rex Jacobsma) – Beno Lamontage presented a driveway access application on behalf of David Bray. The application proposed an access off Bromage Drive to the former Manchester Manufacturing Building owned by Rex Jacobsma. Public Works Director Kevin McKinnon stated that he had viewed the site and noted it might be difficult for large trucks to access the driveway where indicated on the application due to the utility pole with transformer. He recommended that the driveway be placed on an angle so that it met Bromage Drive before the utility pole. This also would mean entrance and exit onto the pavement of Bromage Drive. Sandra Riendeau questioned if there was room for the trucks to turn around once on the property. This would not be a problem as there is plenty
of room around the building. Larry Rappaport made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2005-99
Jesse Johnson – A driveway application for access to Mr. Johnson’s property on Titus Hill Road, identified as R9 Lot 79 was reviewed in April. At that time, the board found the proposed driveway access entrance needed to be moved down the gradient to allow for a 400 foot line of sight in both directions. Mr. Johnson was advised of this in writing on April 27th and asked to contact the Town Clerk’s office once the move had been completed so that the Road Agent could review the site once more. Mr. Johnson called mid-October to say he had completed the change.
The Public Works Director viewed the changes made to the driveway access and confirmed that a new access had been constructed down the gradient as recommended. He also noticed, however, that the original access still existed with a portable toilet set off the road about thirty feet. This gives the illusion that it is planned to use both accesses which is not allowed. It was noted that a pole currently sits across the original access.
Edward Carrier made a motion that Mr. Johnson must permanently close off the original access created. This should be accomplished by removing the gravel in the ditch and planting a row of trees as originally in place; or placing some large rocks across the tree line. Kevin McKinnon seconded the motion and all present agreed. Mr. Johnson will be so advised.
Building Permits:
Morris Sage – 8’ x 16’ storage building to be placed on his property on Cooper Hill (U4 Lot 14-1). Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. APPROVED - #2005-100
Lawrence Pryor - 18’ x 56’ mobile home to be placed on Lot 12 in the Windsor Park Estates Trailer Park (U3 Lot 16). Edward Carrier made a motion to approve the permit, conditional on receiving landowner permission. Kevin McKinnon seconded the motion and all present agreed. CONDITIONAL APPROVAL - #2005-101
Philip & Lisa Caron – Place a 26’ camper on their property located on Grandview Drive (R2 Lot 22). The application indicated that a portable toilet would be on site. Edward Carrier made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. The Carons will be advised that the Board reserves the right to ask to see the pumping receipts to ascertain the portable toilet is being pumped on a timely basis. They further need to understand that, if running water is ever put into this camp, they will need to meet the state and federal guidelines for a septic system. APPROVED - #2005-103
Bernard Hanscom – Currently Mr. Hanscom has a total of six campers on his site on Route 26 (R12 Lot 51) which qualifies as a campground on private property. He has received state-approval for a septic system to one of the campers and has indicated to the Board that he has a portable toilet on site also. The question remained if this set-up would meet campground regulations for septic disposal. Public Works Director Kevin McKinnon informed the Board that the Water Supply Engineering Bureau indicates that one privy is sufficient for six sites; therefore, it appears this set-up meets septic disposal regulations. Kevin McKinnon made a motion to approve the building permit originally submitted in July. Edward Carrier seconded and all present agreed. Mr. Hanscom will be advised that he will be
asked to submit pumping receipts on a timely basis. APPROVED - #2005-104
Sign Permit:
David Brunault - 4’ x 7’ sign, stating “Maple Ridge, Lots for Sale” to be placed on Nelson Judkin’s land just off Ramsay Road, perpendicular to the road. A letter of permission from Mr. Judkins was attached. Sandra Riendeau made a motion to approve the permit; Edward Carrier seconded and all present agreed. APPROVED - #2005-104
Subdivision Public Hearing:
Michael & Sharon Grandmaison – Chairman Ouellet indicated that this application was accepted and the plan originally reviewed on September 13. Under consideration was 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 Planning Board at that time had no option but to deny the boundary-line adjustment due to the fact that one of the newly-proposed lots would not have 150 feet of frontage.
Mr. Grandmaison appealed the Planning Board’s decision with the Zoning Board of Adjustment on October 24, 2005. A variance regarding the lot line adjustment was granted, subject to no conditions.
Larry Rappaport made a motion to accept the boundary-line adjustment, with ZBA variance, as presented. Sandra Riendeau seconded and all present agreed. #630
Bills:
Edward Carrier made a motion to approve payment of the invoices from the News & Sentinel for $33 and from Jordan Associates for $40. Kevin McKinnon seconded and all present agreed.
New Business:
Chester Wentworth approached the Board to question whether his property bordered by Harry’s Way and Hazen Drive could be divided into two lots. It was noted that one portion of the property is located in the floodplain so it would be necessary for Mr. Wentworth to indicate whether the lots could support a septic system. It was suggested that, if the abutting landowner desired the property, it might be possible to do a boundary-line adjustment.
The Planning Board reviewed the proposed changes to the Building Permit Application. Kevin McKinnon made a motion, seconded by Edward Carrier, to approve the change of the word “property” to “structure” in the question “Does this property fall within the flood zone?” Larry Rappaport made a motion, seconded by Edward Carrier, to approve the placement of the following statement on the second page of the building permit application: “I understand, if asking for an alternative system such as a state-approved privy or portable toilet, that if I ever put running water into this structure, I will need to comply with State, Federal and Local guidelines for a septic system.”
Old Business:
Larry Hartlen – It was noted that Larry Hartlen has not answered the letter sent September 29th regarding a possible violation due to a mobile home being placed on his property without a permit. A second letter will be sent certified mail.
Chester Grover – Mr. Grover was notified by certified mail that he needed to bring in a statement by October 22nd that he had removed the various vehicles in non-running condition on his property. To date no statement has been received. Kevin McKinnon made a motion to turn the matter over to the Selectmen for enforcement. Edward Carrier seconded and all present agreed.
Howard Towne – In July, Mr. Towne was sent a letter advising him that a camper trailer owned by him and parked in what was designated as a road, named “Kerry’s Way”, must be moved. He was also advised that no certificate of occupancy had been received for his permit issued in October 2003 for a 20’ x 32’ two-bedroom camp. Since then, the camper has been removed and the property has changed hands. The Board agreed a certified letter should be sent to the new owners advising them that no certificate of occupancy was ever received for this structure and town records indicate that no approved septic system exists. The new owners need to understand that, if there is running water within the building, it is in violation of local, state and federal guidelines.
Kevin McKinnon made a motion to approve the September 27th minutes as presented; Edward Carrier seconded and all present agreed. He also made a motion to approve the October 11th minutes (with the correction of the meeting date). Edward Carrier seconded and all present agreed.
The meeting was adjourned at 9 pm.
Respectfully submitted,
Sheila M. Beauchemin
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