June 5, 2007 Colebrook Planning Board Minutes
Chairmain Edward Carrier opened the meeting shortly after 7 pm. Other members present were Sandra Riendeau, PersonNameKevin McKinnon, Irene Bean, Selectman PersonNameFrank Dumaine and alternate Joe Ippolito.
Others present were Dan Mercer, Mark Decareau, Susan Nash, James Jeffers, Eva and Robert Bryant, Perley Davis, William Brooks, Kathleen Kelly, Gary Allen, Lisa & Burton Peet, Monda and Joe Anderson, Phil Shaw, Donna Jordan, Russ Rowell, James Beaton, Sharon Pearson, Claire Lynch, Mark Dauphinais, Matthew Elliot, and PersonNameSheila Beauchemin.
Driveway Permit:
Daniel Mercer – Construct a driveway access road entrance to his property on South Hill Road (R5 Lot 21). Public Works Director PersonNameKevin McKinnon noted that the line of sight at the northeast side of the proposed driveway would not equal 400 feet; it currently equals 275 feet. In order for this permit to be approved, Mr. Mercer would need to cut the bank back on the side of the road to improve the line of sight to approximately 375 feet. It was also recommended that a twenty-foot long 24” culvert be installed. Sandra Riendeau made a motion to approve the permit, conditional on the bank being cut back to improve the line of sight. PersonNameKevin McKinnon seconded and all present agreed. APPROVED - #2007-35
Bradley Montague – Construct a driveway access road entrance to his property bounded on one side by South Main Street and the other side by Trooper Phillips Memorial Highway (R7A Lot 18). Mr. Montague noted that the access would be off South Main Street. The Public Works Director had viewed the site and found no problems. Sandra Riendeau made a motion to approve the permit; PersonNameKevin McKinnon seconded and all prsent agreed. APPROVED - #2007-36
Building Permits:
PM Construction Co., Inc. – 14,673 square foot structure to house Rite Aid on the corner of Main Street and Colby Street (U12 Lot 10-14). Mr. Dulchsfur remarked that the height of the structure would be 30 l/2 feet from the finished floor. There would be a flat roof with an attached façade. The air conditioner unit would be on the roof behind the façade. Currently asbestos is being removed, mostly being hauled to Berlin. It is proposed to have the structure completed within 19 weeks. PersonNameKevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all prsent agreed. APPROVED - #2007-37
Mark Decareau – The application for a seasonal camper to be placed on his property on Route 26 off Hazen Drive was denied last month because the property lies within the floodplain and the subdivision plan had a notation that it was a non-buildable lot. Mr. Decareau agreed that the property was wetlands which he couldn’t get on at the moment. He explained that he wished to use it as a recreational lot only for seasonal camping. No building was intended. Chairman Carrier stated he understood their proposal, but further explained that, should there be a flood such as a year ago, the camper could be carried downsteam. The Board could not approve a permit under those conditions.
Robert & Eva Bryant - 26’ 8” x 52’ residence with 26’ x 36’ garage to be placed on their property on East Colebrook Road (R11 Lot 43). An approval for construction for a septic system was attached. Irene Bean made a motion to approve the permit; PersonNameKevin McKinnon seconded and all present agreed. APPROVED - #2007-38
Mark Dauphinais – 8’ x 16’ deck to be added to his property at 15 Park Street (U8 Lot 22). PersonNameKevin McKinnon made a motion to approve the permit; Irene Bean seconded and all present agreed. APPROVED - #2007-39
Kathleen Kelly – Amend Permit #2007-03 for a 16’ x 16’ garage to be placed on her property on Route 26. The garage to be built equals 16’ x 20’. The setbacks from the property lines would still be acceptable. PersonNameKevin McKinnon made a motion to amend the permit to read 16’ x 20’. Sandra Riendeau seconded and all present agreed. Miss Kelly raised a question as to whether a well could be placed with a twenty-foot setback from a boundary line. She was advised that it was the Board’s understanding that generally the state requires a 75 foot radius.
Russ Rowell – 6’ stockade fence to be placed thirty-inches to the inside of the boundary line on his property at 190 South Main Street (U13 Lot 73). Mr. Rowell was advised that the good side of the fence should be facing the abutter’s property. PersonNameKevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2007-40
Tri-County Headstart – 6’ x 13’ roof over existing landing and replace existing steps at the front of the building at 53 Park Street (U5 Lot 29A). This application was tabled last month due to the setbacks being in question. That issue being resolved, Irene Bean made a motion to approve the permit; PersonNameFrank Dumaine seconded and all present agreed. APPROVED - #2007-41
Michael Furbush – 18’ x 24’ three-sided pole shed on his property at 24 Bear Rock Road (R11 Lot 111). PersonNameKevin McKinnon made a motion to approve the permit; Irene Bean seconded and all present agreed. APPROVED - #2007-42
Town of Colebrook – 14’ x 40’ pole shed to be placed at the Transfer Station on Bromage Drive. PersonNameKevin McKinnon made a motion to approve this permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2007-43
Town of Colebrook – 14’ x 20’ storage shed to be placed at the Transfer Station on Bromage Drive. PersonNameKevin McKinnon made a motion to approve this permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2007-44
Jo-ann Davis – Approximate 8’ x 12’ storage shed to be put at 104 Hughes Road (R6 Lot 48-1). PersonNameKevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2007-45
William Miller / Elizabeth Lacombe – 28’ x 30’ two-car garage with studio apartment and a 12’ x 16’ shed to be placed on their property on Bear Rock Road (R3 Lot 29-4). Irene Bean made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2007-46
Lula Brown – 14’ x 60’ two-bedroom mobile home to be placed on Lot 30 at Windsor Park Estates. Irene Bean made a motion to approve the permit; PersonNameKevin McKinnon seconded and all present agreed. APPROVED - #2007-47
John Carleton – 9’ x 8’ lean-to off existing shed at 44 Couture Street (U3 Lot 34). PersonNameKevin McKinnon made a motion to approve this permit; Irene Bean seconded and all present agreed. APPROVED - #2007-48
Anthony & Sharon Lebel – 6’ x 25’ farmer’s porch to replace existing one on the residence at 114 Route 26 (U10 Lot 11). PersonNameKevin McKinnon made a motion to approve this permit; Irene Bean seconded and all present agreed. APPROVED - #2007-49
Richard Bouchard – 9’ x 9’ roof on porch on his residence at 43 First Street. PersonNameKevin McKinnon made a motion to approve this permit; Irene Bean seconded and all present agreed. APPROVED - #2007-50
Michael Bouchard – 12’ x 16’ storage shed to be placed on his property at 88 Corliss Lane. PersonNameKevin McKinnon made a motion to approve this permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2007-51
Morris Sage – 6’ x 16’ addition to storage building located at 181 Main Street (U8 Lot 148). PersonNameKevin McKinnon made a motion to approve this permit; Irene Bean seconded and all present agreed. APPROVED - #2007-52
Sign Permit:
Edward Poulin – Request to remove plastic sign, stating Poulin Sales, and replace it with a wooden painted one. Sandra Riendeau made a motion that this request requires a sign application; Irene Bean seconded and all present agreed. Mr. Poulin will be advised that he needs to complete an application.
Lewis & Woodard – 3’ x 5’ sign, stating Lewis & Woodard, on a pole in front of the building at 35 Route 145. Irene Bean made a motion to approve the permit; PersonNameKevin McKinnon seconded and all present agreed. APPROVED - #2007-54
Subdivision Public Hearing:
James Jeffers – Chairman Carrier read the application which proposed a subdivision of James Jeffers property on Carlton Hill Road (10 Lot 122). The proposed subdivision would create one lot equaling 5.1 acres, with the remaining lot containing the residual 17.4 acres. A waiver to not include the soil type lines on the plan was also submitted. The reason was due to the inaccuracy involved when interpolating soil lines from maps with a scale of one inch equaling one miel onto a plan with a scale of one inch equaling 300 feet. It was noted that soil test pit data would be provided on the plan. PersonNameKevin McKinnon made a motion to accept the application as presented; Sandra Riendeau seconded and all present agreed.
Mr. Jeffers indicated that he would be utilizing the existing driveway permit to his abutting lot of R10 Lot 58 with a right-of-way to the residual land created by this subdivision. The five-acre lot already has a state approved driveway.
PersonNameKevin McKinnon made a motion to approve the subdivision with waiver as presented. Irene Bean seconded and all present agreed. #645
Boundary-Line Adjustment Public Hearing:
Estate of Harold Davis – Chairman Carrier read the application which proposed a minor boundary-line adjustment between the properties owned by the Davis Family Trust and the Estate of Harold Davis, identified on the Colebrook Tax Map as U10 Lot 3 and U10 Lot 1N respectively. This proposed boundary-line adjustment would add 7,040 square feet to the Davis Family Trust property. PersonNameKevin McKinnon made a motion to accept the application as presented; Irene Bean seconded and all present agreed.
After a review of the plan, PersonNameKevin McKinnon made a motion to accept the boundary line adjustment as presented; PersonNameFrank Dumaine seconded and all present agreed. #646
Site Plan Public Hearing:
Fleury-Patry Funeral Home – James Beaton presented the site plan for a proposed funeral home chapel to be located in the existing building at 69 Main Street. A letter of agreement from landowner, Gerald Winn, was on file. Chairman Carrier read a letter received from abutter, Michael Bouchard, stating his concern regarding parking for this new business endeavor. He felt the parking required to operate this new business should be included on their own property and not become a burden or liability to an abutting business. His fear was that a large funeral might cause vehicles to be parked in his parking lot which could prevent customers from patronizing his business due to lack of parking. He was also concerned with the diminishment of parking spaces for employees and customers on the
property at 69 Main Street once winter arrived. Mr. Bouchard also related his concerns regarding the possibility of parking along Route 3 and South Main Street and abutting driveway being blocked.
Mr. Beaton responded that he valued Mr. Bouchard’s analysis; however, he could not police the area. He would be willing to post signs and recommend to his clients that they not park in Northern Outlet’s parking lot. He further stated that there is no parking space at one of their establishments in Berlin; and although not an ideal situation, they have managed. Mr. Beaton further stated he realized that no parking was allowed on Route 3. He continued that funerals today do not have as large a turn-out, and people don’t stay at the funeral home as long. A number of cremations are handled today which quite often do not require visiting hours. He also felt that it was possible to utilize a church for a large wake. Mr. Beaton remarked that, because Fleury-Patry is not
known in Colebrook, he felt they might do a total of 10-15 funerals a year which would not tie up a lot of time.
Mr. Beaton continued that the funeral chapel will be run as a satellite branch with perhaps 15-20 hours office hours a week. All preparations would be completed in Berlin. His review of the property indicated that 10-15 vehicles could be managed on site. He stated the funeral home could provide staff to bring cars to the family if parked off-site. Employees would be advised to park off-site. He continued that funeral services are a respectable time and most people would not block a driveway. The barn would remain on the property for now. An agreement for two years has been made with the owner of the property. If business should be more than perceived, they would consider expanding or building after the two years.
Irene Bean questioned if Mr. Beaton has spent a day and watched the flow of traffic on Route 3 past this establishment. She also questioned if anyone could safely walk from the “AB parking lot” and cross the street to this establishment. She felt this location presented a safety issue. Mr. Beaton remarked that there are infrequent afternoon calling hours currently. He agreed there would still be traffic in the evening but it should be reduced.
Monda Anderson asked if there were any plans to modify the building. Mr. Beaton stated that a handicap access would be constructed, and a canopy put over the front, but there would be no changes to the actual structure’s footprint. He remarked that the funeral home would only utilize the first and second floor of this three-story home which he estimated to equal approximately 3,000 square feet. Board member PersonNameKevin McKinnon noted that the site plan regulations ask for ten parking spaces for 2,000-2,500 square foot usage. Mr. Beaton remarked that eight vehicles could be parked there at present; however, he noted vehicles would be lined up differently for a funeral procession. Irene Bean remarked that the current renter, CDDA, is not allowed to block the entrance to the barn and wondered if that
stipulation had been stated to Mr. Beaton. If that were the case, the parking spaces would be reduced. Edward Carrier stated that, since this structure is located on a blind corner, the Planning Board is concerned with the traffic safety issue. Matthew Elliot remarked that he felt the police should offer an escort for a funeral procession. Mr. Beaton stated that a typcial procession would have a lead car with a staff member directing traffic. Each vehicle would have funeral flags.
Edward Carrier stated that he felt the location did present a safety issue. There is no crosswalk at this area and he felt one would not be forthcoming from the State of New Hampshire. He further remarked he would feel better about approving the site plan if there was a sidewalk on the same side as the building. Mr. Beaton remarked once more that the frequency of large funerals does not happen anymore; and he felt the fact Fleury-Patry was from out of town, they probably would not do a huge business. He further remarked he did have a number of limousines at his disposal and it would be possible to provide service from the family members residence to the funeral services to eliminate some of the vehicles. He stated Fleury-Patry is very conscious of the safety of the families. Edward Carrier questioned
if it might be possible to write within the site plan agreement that, should there be more than ten vehicles, Fleury-Patry would supply a ride to the funeral home.
PersonNameKevin McKinnon stated that he was in favor of the business; however, it was a bad location, traffic safety wise. There is no sidewalk to the establishment with limited parking on site. Joe Anderson remarked that exiting from this location is also not an ideal situation. Edward Carrier expressed concern regarding evening calling hours and people walking on Route 3. Sandra Riendeau remarked that the southerly driveway would be the safest one to utilize. She also questioned if the flashing light located on the pole across from Bouchard’s entrance utilized during school could be utilized during a funeral procession to slow traffic down, or perhaps one could be placed where the Lewis & Woodard was located. It was felt that placing a sign, stating “Funeral Today”, on Route 3
would not be allowed by the Department of Transportation.
PersonNameFrank Dumaine stated he could not see how the Board could approve this site plan request unless condition were added such as (1) no parking at Bouchard’s; (2) no one walking on the highway; and (3) once parking lot on site contains ten vehicles, the overflow would be at “AB’s lot” with shuttle service offered. He then questioned if it would be possible for Fleury-Patry to implement or police such conditions. Mr. Beaton responded that they would be willing to offer valet service; however, he could not guarantee someone might not walk in the street to reach their facility. Sandy Riendeau wondered if the bank where the retaining wall existed could be filled in to give more parking access. PersonNameKevin McKinnon suggested that Mr. Beaton speak with Michael Bouchard once more
regarding the use of his parking lot when needed. Edward Carrier agreed that would be Mr. Beaton’s best avenue. He stated he had concerns regarding vehicles turning in and out of the driveway and the Board could not grant a decision until the state driveway permit for change of use was issued.
Everyone agreed the venture was a good idea; however, all worried about the town’s liability if the site plan should be approved with the fact there was no sidewalk or crosswalk and people might find it necessary to walk in the road to reach the facility. Mr. Beaton agreed to come back to the next meeting with a safety plan for people to access the facility. PersonNameKevin McKinnon made a motion to table a decision until the next meeting; Sandra Riendeau seconded and all present agreed. TABLED
Voluntary Merger:
KSL Holdings, Colebrook NH LLC – The Board reviewed the voluntary merger submitted by KSL Holding, Colebrook NH LLC for the properties identified on the Colebrook Tax Map as U12 Lots 10-14, located at the corner of Main Street and Colby Street. Existing structures on the premises are being demolished for the construction of the new Rite Aid building. Irene Bean made a motion to approve the merger as submitted; PersonNameFrank Dumaine seconded and all present agreed. APPROVED
Bills:
Irene Bean made a motion to approve the invoice from the News & Sentinel in the amount of $138. Sandra Riendeau seconded and all present agreed.
New Business:
Colebrook SC, LLC – Chairman Carrier reviewed the letter from Attorney John Riff in regards to Colebrook SC, LLC’s efforts to develop the old Clarkeies Market building. Mr. Riff asked the Board to confirm that the property conforms to all Town Zoning regulations or is otherwise “grandfathered” from such zoning. Lisa Peet, abutter to this property, remarked that she understood that the new owner of the buiding planned on a second egress into the alley between their properties. She questioned if this was possible as the property line for Colebrook SC, LLC ends at the edge of the building, in essence, meaning the landing for an egress would be on the Peet’s property. She stated she feared, if the trees in the alley were removed, it would possibly cause vandalism and burglary
issues. Snow removal into the alley was an issue this past year causing water to enter their building. It is her understanding that the property lines cannot be verified. She had understood originally that the loading dock for the building owned by Colebrook SC, LLC was on her property, allowed through a gentleman’s agreement some time ago.
Chairman Carrier remarked that he felt Mrs. Peet’s concerns regarding boundary lines were a civil issue. He did remark that it seemed that, when the site plan was approved, it had a second egress indicated which would exit the building in the front onto the sidewalk. Claire Lynch stated she understood that the remaining interior was being renovated for the use of one business rather than the two originally stated during the site plan process. Chairman Carrier remarked that it might be adviseable for the Board to review the site plan.
In regards to Attorney Riff’s letter and the question as to whether the property conforms to all town zoning regulations or is grandfathered, the Board was in concensus that the building does not conform to the zoning ordinances for the Town of Colebrook on record today and is grandfathered as long as the footprint of the building is not changed. Colebrook SC, LLC must understand that any new additions or changes to the footprint would have to come under today’s regulations. If these could not be met, it would be necessary to apply for a variance from the Colebrook Zoning Board of Adjustment.
Philip Shaw spoke to the Board regarding his concerns with the lighting at the new NAPA building (former LaPerle’s IGA). He understood and the minutes relate that the store would open between 5-5:30 am and the lights would be turned off at night. Currently the lights are on primarily all night, being turned off at various times. Mr. Shaw had spoke to Brett Brooks with no avail and has addressed the issue with NAPA; however, to date, nothing has changed. Due to the fact this business has been in the process of moving in and just getting organized, Board members asked if Mr. Shaw would give this issue another couple of weeks to resolve itself. If it did not, he was to advise the Board and a letter would be written asking the property owners to come before the Board to address the issue.
James Beaton spoke to the Board regarding the probability of a lot-line adjustment of his father’s property on East Colebrook Road. Mr. Beaton was advised that a lot line adjustment would not meet the town subdivision requirements. He then questioned if it might be possible to merge the two lots and then resubdivide. He was advised that because each lot would be under five acres, he would need to go through state subdivision approval first and each lot would need to have its own water and septic.
The Board reviewed a letter from Lewis Oil Co advising them that the 1,000 gallon propane pumping station which had been located on Main Street has been moved to their new office location at 5 Hill Avenue. The pumping station will be located on the south side of building, 45 feet from any combustible material, installed according to NFPA regulations. The letter stated a protective barrier would surround the station, as well as a fence. Mr. Lewis will be advised that, should the fence be over four feet high, they will need a building application. It was also noted that no site plan or waiver of site plan regulations was on file for this business. They will be so advised.
It was questioned if the town has any regulations regarding the discharge of firearms on a Sunday in a residential area. It was believed that distances from residences is mandated by the State.
Old Business:
Susan Nash – Miss Nash had asked the Board to review the property on Route 26 which was the subject of a site plan in 2002. At that time, a mortgage was placed upon Lots 20, 33, and 108. The Board members had reviewed the property and agreed that the trees which were planted are growing and the rock is back in place. Miss Nash was advised that the trees should continue to receive fertilizer and mulch and the rock should remain in place. Sandra Riendeau made a motion to recommend to the Selectboard that it appears conditions have been met and that the mortgage be removed. PersonNameKevin McKinnon seconded the motion and all present agreed.
The certificate of occupancy as revised (adding Furnace Inspection – Fire Chief’s signature) was approved.
PersonNameKevin McKinnon made a motion, seconded by Sandra Riendeau, to approve the minutes for the month of May as written.
The meeting was adjourned at 10:45 pm.
Respectfully submitted,
Sheila M. Beauchemin
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