January 10, 2006
Planning Board Minutes
Chairman Mike Ouellet called the meeting to order shortly after 7 pm. Board members present were Kevin McKinnon, Sandra Riendeau, Edward Carrier, Selectman Larry Rappaport and alternate John Jolles.
Others present were Dennis Bailey, Rick Nadig, Donna Jordan, Claire Lynch and Sheila Beauchemin.
Public Hearing on Zoning Ordinance Amendment:
Minimum Lot Frontage – Chairman Ouellet opened the public hearing for the amendment to the Zoning Ordinance in regards to minimum lot frontage. The amendment is being proposed for clarity purposes. Mr. Ouellet explained that the zoning ordinance, Article IV. Section 1 currently reads: Any lot situated on a public street or approved Private Street shall have a minimum frontage of 150 feet.
The proposed amendment will read as follows: No new lot shall be approved by the Planning Board unless it has at least 150 feet of frontage either on a public street or on a private street approved by the Planning Board. No building whose use requires an approved sewage disposal system under Town or State law shall be constructed on any lot without at least 150 feet of frontage on a public street or approved private street, unless that lot legally existed as a separate lot, as reflected by properly-recorded plans or deeds, prior to March 14, 2006; provided, however, that all such buildings shall be in compliance with RSA 674:41.
Sandra Riendeau questioned if the RSA number should be indicated. After discussion, it was agreed the proposed amendment should be changed to read “in compliance with the current RSA” rather than “in compliance with RSA 674:41. Larry Rappaport made a motion to accept the proposed amendment, with the stated change. Kevin McKinnon seconded and all present agreed. The amendment as changed will appear on the ballot at the March 2006 Town Election.
Temporary Signs – Chairman Ouellet opened the public hearing for the amendment to the Zoning Ordinance in regards to temporary signs. At the last public hearing, it was decided to put the proposed wording for the amendment before the town counsel for approval. The amendment to Article III was deemed acceptable. A suggestion to clarify the procedure for placement of a temporary sign would read as follows in Article IV, Section 11:
A temporary sign (one placed outdoors for 30 days or less) is allowed without a permit or fee, provided however that: (a) prior to the erection of the sign, the Town of Colebrook shall be notified of the sign, its location, and expected time of removal, using a form provided by the Town; (b) the date of sign placement shall be shown on the sign itself in letters easily read from street level; (c) no temporary sign shall violate the provision of Subsection D, “Prohibited Signs”; and (d) any temporary sign remaining in place for a combined total of more than 30 days without a permit shall be a violation of this Ordinance.
Placement would be in Section 11.B as subparagraph #7.
Sandra Riendeau made a motion to accept the wording suggested by town counsel and to further place the amendment to Article III and Article IV, Section 11.B.7 as presented on the ballot at the March 2006 Town Election. Larry Rappaport seconded and all present agreed.
Driveway Application:
John Bordonaro – Construct a driveway access road entrance to his property located off East Colebrook Road. The application indicated the access would be placed on property identified as Tax Map U1 Lot 99. It was noted that this would place the property in the precinct and was incorrect. Mr. Bordonaro will be asked to correct this information.
Paperwork included with the application indicated that the access would be required just above Robert Hodge’s property on East Colebrook Road. Deeds and a right-of-way plan prepared by surveyor Arthur Yorke indicated that the right-of-way starts at the back boundary line of the property which borders East Colebrook Road. No paperwork was presented indicating Mr. Bordonaro had permission to use a right-of-way across the lot bordering East Colebrook Road. Larry Rappaport made a motion, seconded by Edward Carrier, to table to application until a copy of the 1947 right-of-way indicated on the plan can be obtained and reviewed. TABLED
Kevin McKinnon excused himself from the Board. John Jolles was asked to sit in.
Building Permit:
Kevin McKinnon – 16’ x 16’ shed on the east side of the existing barn located at 37 South Hill Road (R6 Lot 41). Edward Carrier made a motion to approve the permit; Larry Rappaport seconded and all present agreed. APPROVED - #2006-01
Kevin McKinnon resumed his seat on the Board.
Sign Permit:
Jeffrey Bailey – 4’ x 8’ sign on the building located at 35 Route 145, stating “New England 4 x 4 Vortex …” Property owner indicated their approval. Sandra Riendeau made a motion to approve the permit, with fees waived; Kevin McKinnon seconded and all present agreed. APPROVED - #2006-02
Request for Waiver of Site Plan Regulations:
Jeffrey Bailey - Request for a waiver of site plan regulations for the use of the property located at 35 Route 145. Mr. Bailey proposed to use the site for his spray-in bed-liner and general mechanic business venture. His grounds for a waiver were that the location had been used for a business in the past. He also felt that there was more than enough parking available. The owner of the building, Robert Brooks, indicated his permission on the site plan waiver form. Kevin McKinnon made a motion to approve the waiver; Sandra Riendeau seconded and all present agreed. Mr. Bailey 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
Boundary Line Adjustment Public Hearing:
Richard Nadig - Chairman Ouellet read the application which proposed a boundary-line adjustment between Mr. Nadig’s property located on Bridge Street, identified on the Colebrook Tax Maps as U7 Lot 1-2 and property owned by Pamela and Earl Bunnell (Tax Map U7 Lot 4) and Bruce and Lennora Therrien (Tax Map U7 Lot 2). The boundary line adjustment adds 0.13 acres to the Bunnell and Therrien property. No variances were requested. Kevin McKinnon made a motion to accept the application as presented; Edward Carrier seconded and all present agreed.
A review of the plan garnered no objections. Kevin McKinnon made a motion to accept the plan as presented; Edward Carrier seconded and all present agreed. #631
Conceptual Subdivision:
Dennis Bailey – Mr. Bailey presented the Board with a conceptual drawing to create two five acre lots and one 27-acre lot from two existing lots he currently owns on Russell Road. Kevin McKinnon reminded Mr. Bailey that he would need at least 150 foot frontage for each lot. It appeared that one of the lots to be created might violate the 4:1 rule. It was also questioned if the larger remaining lot of 27 acres would have the required 150’ frontage. Depending on the long-term goals, a road into this lot, if over 600’ would require a hammerhead to make additional lots. He was also reminded that each lot would need a perk test to be sure it would support a septic system. Mr. Bailey decided to come before the Board later, once he had considered what to do regarding a
road.
Dawn Kelsey - Tim Sutherland appeared before the board for surveyor Colin Sutherland to be apprised of the town counsel’s answer regarding the conceptual design for Dawn P. Kelsey’s property located on Reed Road (R11 Lot 96). The lot is currently non-conforming with a greater than 4 to 1 ratio. The proposal is to create a second two-acre lot from the larger non-conforming lot.
Town counsel advised that the proposed subdivision should not be permitted because it splits the 375’ frontage in two and makes the larger lot worse in regards to the 4:1 ratio. Mr. Sutherland was given a copy of the counsel’s remarks in regards to this issue. Board members were not surprised at the answer as the original lot was non-conforming and the proposal would make the situation worse. Because no application had been submitted, no further action was required.
Conceptual Site Plan:
Leah & Timothy Wheeler – Mrs. Wheeler explained that she and her husband wished to use the existing garage located at 169 Main Street as an automotive garage. Because this would be a new use for this building, the Board agreed a full site plan would be necessary. The disposal of waste was discussed. Kevin McKinnon stated the used oil is accepted at the transfer station. Mrs. Wheeler understood that some garages use it as a heating source. As there is no town sewer to the garage, it was questioned where any oil or gas going into the drain in the garage would end up. The Board felt it imperative to know where the drain in the floor goes.
When questioned if parking of vehicles to be worked on would be an issue, Mrs. Wheeler stated that they planned on doing business for other auto body shops; therefore, the vehicles would be dropped off and picked up when finished. She did remark that there is currently a big driveway down back; however, they did not foresee having more than a couple of cars on site. She stated that they plan on doing mechanical work, not body work, and no wrecked cars would be parked on their lot.
A public hearing will be warned for February 14th. Mrs. Wheeler was advised to bring in a drawing of the site, keeping in mind the above issues, along with hours of operation, snow removal and lighting.
Bills:
Kevin McKinnon made a motion, seconded by Larry Rappaport, to pay the invoices from the News & Sentinel ($17.50) and Jordan Associates ($40).
New Business:
It was brought to the Board’s attention that the March meeting falls on the same evening as the annual Town Meeting. Due to this conflict, the March meeting will be held on Wednesday, March 15th. An ad will be placed in the paper.
Budget figures for 2006 were reviewed with little change. The wage line item was increased due to the bi-monthly meetings in the summer. Chairman Ouellet agreed to recap the Planning Board’s year for the Town Report.
Old Business:
It had been brought to the Board’s attention that an amendment in regards to the penalty provision was voted on favorably in 1990, but had not been carried over into the current Zoning Ordinances. It was questioned whether the change could now be incorporated or if it needed to be put on the ballot once more. Legal counsel advised that, as long as the amendment was voted on properly, it could be changed. More important, the end of paragraph V of RSA 676:17 states, “The provisions of this section shall supersede any inconsistent local penalty provision.”
David Dumais - A copy of the Department of Environmental Services subsurface website page indicating a septic system for two bedrooms was installed on Blakely Farm Road on the property, identified as R12 Lot 97, (owned by Howard Towne at the time) was brought into the Board. This was in answer to a letter to Mr. Dumais that the town records did not show an approved septic system to the cabin he recently purchased; therefore, he was advised there should be no running water within the structure. It appears the town’s copy of the approval for operation was never received. A copy of the subsurface website page will be placed in the tax file for this property so no further question can be raised regarding the approval of a septic system.
C.N. Brown – It was brought to the Board’s attention that the “Entrance Only” sign to be placed at the Main Street curb cut and agreed upon by C.N. Brown at a meeting in 2003 has not been put in place. At the same meeting, it was agreed that the words “Entrance Only” would be painted on the pavement. This also has not occurred. Also noticed was the fact that four and five employee’s cars are parked either on site or on the street by the drive through the past month. Throughout the site plan process, it was agreed employees would not be parking on site to facilitate traffic flow. A letter will be sent asking C.N. Brown to address these issues.
James Alton – It appears a fence over four feet high has been placed on Mr. Alton’s property without a permit. A letter will be sent, along with a blank building permit, so he may attend to this possible violation.
Edward Carrier made a motion, seconded by Larry Rappaport, to approve the December 13, 2005 minutes as presented.
The meeting was adjourned at 9:15 pm.
Respectfully submitted,
Sheila M. Beauchemin
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