February 5, 2007 Planning Board Minutes
Chairman Mike Ouellet called the meeting to order shortly after 7 pm. Board members present were PersonNameKevin McKinnon, Edward Carrier, Selectman Benoit Lamontagne, and alternate Sandra Riendeau. Sandra was asked to sit in for Irene Bean.
Others present were Ruth and Palmer Lewis, Simmone and Paul Corriveau, Russell Woodard, Brett Brooks, Lynda and Jim Biron, Philip Shaw, PersonNameLarry Rappaport, Kelli Boivier, Don McNeil, Ken Linseman, John Schmitz, David and Cindy Hicks, Eugene Reid, Claire Lynch, Donna Jordan, Tom Laskowski, Kathleen Kelly and PersonNameSheila Beauchemin.
Building Permits:
Kathleen Kelly – Request to extend Permit #2006-36 to build a 30’ x 80 veterinary clinic and 30’ x 36’ garage on her property on Route 26. Ms. Kelly indicated the proposed completion date would be in 2008; the susrvey had not been completed until November 2006 and it was undesirable to break ground at that time. Edward Carrier made a motion to extend the permit for one year, until April 2008, or until a certificate of occupancy is completed, whichever occurs first. Sandra Riendeau seconded the motion and all present agreed. EXTENDED
Kathleen Kelly - Request to amend Permit #2006-36 to build a 30’ x 80 veterinary clinic and 30’ x 36’ garage on her property on Route 26. Ms. Kelly indicated that she wishes to amend the permit to read a 32’ x 80’ veterinary clinic and a 32’ x 36’ garage. Edward Carrier made a motion to amend Permit #2006-36 as requested; PersonNameKevin McKinnon seconded and all present agreed. AMENDED
Kathleen Kelly – 16’ x 16’ garage to be placed on her property on Route 26 (R9 Lot 42). Ms. Kelly stated that there would be no water or sewer connected to this second garage. Edward Carrier made a motion to approve the permit; PersonNameKevin McKinnon seconded and all present agreed. APPROVED - #2007-03
Colebrook Downtown Development Association – This application for additions consisting of an elevator and fireproof stairs to the west side, entrance stairs and porch on the east side, emergency exit on the north side, and a wing and porch on the south side of the building located at 1 Carriage Lane was originally denied in December 2006 due to the property setbacks not meeting regulations. Since then, CDDA has applied for a variance to the Zoning Board of Adjustment. The variance, with no conditions, was granted on January 31, 2007. Edward Carrier made a motion to approve the permit with the ZBA variance; PersonNameKevin McKinnon seconded the motion. The motion passed with two votes in the affirmative and two abstentions (BL / SR). APPROVED - #2007-04
Newland Development Associates LLC – 12’ x 34’ x 8’ dumpster enclosure to be placed on property at the corner of Main and Colby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. The back property line setback indicated on the application equaled zero feet. The Town of Colebrook Zonign Ordinances state “every structure placed on a lot shall be at least twenty (20) feet from the front property line and at least ten (10) feet from the side and rear property lines…” (Article IV.1). Whereas the Planning Board is not allowed to grant variances, Edward Carrier made a motion to deny the building permit; PersonNameKevin McKinnon seconded and all present agreed. Newland Development was advised of their right to appeal the determination to the
Zoning Board of Adjustment within 30 days. DENIED
Sign Permits:
PlaceNameIndian PlaceTypeStream PlaceNameHealth PlaceTypeCenter – 40” x 72” sign, stating placePlaceNameIndian PlaceTypeStream PlaceNameHealth PlaceTypeCenter, to be placed in front of the facility, near the entrance sidewalk, at addressStreet141 Corliss Lane. It was indicated that this sign would replace one of the existing signs on site. A letter of approval was attached from co-owner of the property. PersonNameKevin McKinnon made a motion to approve the permit; Benoit Lamontagne seconded and all present agreed. APPROVED - #2007-05
Rite Aid – 36” x 207 ¾” sign, totaling 51.94 square feet, on the proposed structure on the property located on the corner of placeMain and addressStreetColby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. This sign would state “Rite Aid”. It was explained that the sign consists of individual letters, each 36” high. The application indicated the sign would be illuminated with neon; however, Mr. Linseman stated that was incorrect. Mr. Schmitz agreed that the sign would be back lite with something besides neon. Chairman Ouellet reminded the developer that neon was not acceptable per the Town of placeCityColebrook Zoning Ordinance.
The Town of placeCityColebrook Zoning Ordinance states “It shall be unlawful to erect any sign which is larger than thirty-six (36) square feet as measured by the product of its total width and total height.” (Article IV Section 11.D.5) Due to fact the Planning Board is not allowed to grant a variance, Benoit Lamontagne made a motion to deny the application. PersonNameKevin McKinnon seconded and all present agreed. Mr. Linseman was advised of his right to appeal the determination to the Colebrook Zoning Board of Adjustment within 30 days. DENIED
Rite Aid - 98.76 square foot ground sign, stating “Rite Aid Pharmacy” at the addressStreetMain Street entrance to the property located on the corner of placeMain and addressStreetColby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. The Town of placeCityColebrook Zoning Ordinance states “It shall be unlawful to erect any sign which is larger than thirty-six (36) square feet as measured by the product of its total width and total height.” (Article IV Section 11.D.5) Due to the fact the Planning Board is not allowed to grant a variance, Benoit Lamontagne made a motion to deny the application. PersonNameKevin McKinnon seconded and all present agreed. Mr. Linseman was advised of his right to appeal the determination to the Colebrook Zoning Board of
Adjustment within 30 days. DENIED
Rite Aid – 98.76 square foot ground sign, stating “Rite Aid Pharmacy” at the addressStreetMain Street entrance to the property located on the corner of addressStreetMain Street and addressStreetColby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. This would constitute a second ground sign on the premises. (Mr. Linseman remarked that he believed this sign was to be placed at the addressStreetColby Street entrance; however, the application was not changed.)
The Town of placeCityColebrook Zoning Ordinance states “It shall be unlawful to erect any sign which is larger than thirty-six (36) square feet as measured by the product of its total width and total height.” (Article IV Section 11.D.5) Further, the Zoning Ordinance states “It shall be unlawful to erect any more than one sign per site that is not placed flush with the front of and against the actual building.” (Article IV Section 11.D.8) Due to the fact the Planning Board is not allowed to grant a variance(s), Benoit Lamontagne made a motion to deny the application. PersonNameKevin McKinnon seconded and all present agreed. Mr. Linseman was advised of his right to appeal the determination to the Colebrook Zoning Board of Adjustment within 30 days. DENIED
PersonNameKevin McKinnon then made a motion to not support a variance for an oversized sign. Benoit Lamontagne seconded the motion and all present agreed. In addition, PersonNameKevin McKinnon moved to support the ordinance article allowing only one sign on site. Benoit Lamontagne seconded and all present agreed. The Zoning Board of Adjustment will be advised of these decisions.
Rite Aid – 24” x 12’ 6’ 5/8” sign, stating “Pharmacy”, illuminated with LED’s to be placed on the structure to be built at the corner of of addressStreetMain Street and addressStreetColby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. Edward Carrier made a motion to approve the application; PersonNameKevin McKinnon seconded and all present agreed. APPROVED - #2007-06
Rite Aid – 11” x 6’ sign, stating “1-Hr Photo”, illuminated with LED’s to be placed on the structure to be built at the corner of of addressStreetMain Street and addressStreetColby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. PersonNameKevin McKinnon made a motion to approve the application; Edward Carrier seconded and all present agreed. APPROVED - #2007-07
Rite Aid – 11” x 5’ 7” sign, stating “Drive Thru”, illuminated with LED’s to be placed on the front of the structure to be built at the corner of of addressStreetMain Street and addressStreetColby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. PersonNameKevin McKinnon made a motion to approve the application; Edward Carrier seconded and all present agreed. APPROVED - #2007-08
Rite Aid - 11” x 6’ 1 l/4” sign, stating “Food Mart”, illuminated with LED’s to be placed on the structure to be built at the corner of of Main Street and Colby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. Edward Carrier made a motion to approve the application; PersonNameKevin McKinnon seconded and all present agreed. APPROVED - #2007-09
Rite Aid – 16 l/2” x 15’ 8 l/2” sign, stating “Drive Thru Pharmacy” with directional arrow to be placed on the side of the structure to be built at the corner of of Main Street and Colby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. Edward Carrier made a motion to approve the application; Sandra Riendeau seconded and all present agreed. This was deemed a directional sign. APPROVED - #2007-10
Rite Aid – 16 l/2” x 13’ 11” sign, stating “Drive Thru Pharmacy” to be placed on the drive thru canopy on the structure to be built at the corner of of Main Street and Colby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. Discussion followed as to whether the facia this sign would be mounted to was, in actuality, the sign. Edward Carrier made a motion to approve the sign as presented; Edward Carrier seconded and all present agreed. APPROVED - #2007-11
Rite Aid – 18” x 18” sign, stating “Exit Only”, to be placed on the pillar at the back of the canopy on the structure to be built at the corner of of addressStreetMain Street and addressStreetColby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. PersonNameKevin McKinnon made a motion to approve the application; Benoit Lamontagne seconded and all present agreed. APPROVED - #2007-12
Rite Aid – 8” x 54” sign, stating “10.0” Clearance”, to be placed on the drive thru canopy of the structure to be built at the corner of of Main Street and Colby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. PersonNameKevin McKinnon made a motion to approve the application; Edward Carrier seconded and all present agreed. This was deemed a directional sign. APPROVED - #2007-13
Rite Aid – 8” x 27” sign, stating “Pick Up”, to be placed on the drive thru canopy on the structure to be built at the corner of of Main Street and Colby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. PersonNameKevin McKinnon made a motion to approve the application; Edward Carrier seconded and all present agreed. This sign was deemed as directional. APPROVED - #2007-14
Rite Aid – 8” x 27” sign, stating “Drop Off”, to be placed on the drive thru canopy on the structure to be built at the corner of of Main Street and Colby Street, identified on the Colebrook Tax Maps as U12 Lots 10, 11, 12, 13, 14 and 15. PersonNameKevin McKinnon made a motion to approve the application; Edward Carrier seconded and all present agreed. This sign was deemed as directional. APPROVED - #2007-15
Waiver of Site Plan Regulations:
Kelli Bouvier - Request for a waiver of site plan regulations for the use of the property located at addressStreet3 Cross Street. Mrs. Bouvier proposed to establish an artist studio at this site. Her intention is to work with glass on her own and, on occasion, offer a lesson. Her grounds for a waiver were that the studio space would not be a typical “store front”; therefore, not attracting heavy amounts of traffic. She stated there was ample parking on her property for anyone who might wish to observe her at work or take a lesson. Edward Carrier made a motion to approve the waiver; Benoit Lamontagne seconded and all present agreed. Mrs. Bouvier 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
Ronald Guerin - Request for a waiver of site plan regulations for the use of the property located at addressStreet117 Main Street. Mr. Guerin proposed to establish a retail gift store at this site. His grounds for a waiver were that the location has been used for a business in the past. A letter of approval was attached from the owner of the building. Edward Carrier made a motion to approve the waiver; Benoit Lamontagne seconded and all present agreed. Mr. Guerin will be 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
Site Plan Public Hearing (continued):
Newland Development Associations LLC – John Schmitz reviewed the changes to the site plan since the last meeting. He indicated five parking spaces had been removed, with a notation on the plan requesting a waiver due to the fact the parking allowance would no longer meet site plan requirements. Additional landscraping had been added along the Shaw’s property line and extended closer to addressStreetColby Street. This landscaping had been staggered to create a better screen. The propane tanks had been moved ten feet closer to addressStreetColby Street with more landscaping added around the fence. The fence itself had been changed from chainlink to stockade.
Questioned at the last meeting was the distance from the edge of the crosswalk to the curb return. Mr. Schmitz stated it is 30 feet, noting the crosswalk enters the middle of the school’s driveway.
Mr. Schmitz continued that a four-foot sidewalk had been added to the emergency lane. This reduced the lane to sixteen feet wide, however, the radius had remained the same. He further remarked there would be a two foot green space between the sidewalk and the fence. The sidewalk will pitch towards the road so run-off will go into the addressStreetColby Street drain.
A fire hydrant had been added to the right of the school driveway on the school side. An eight-inch line to the hydrant (private for the school) would be added to the six-inch line. Ken Linseman remarked all the items involving the school, such as the buffer, hydrant and gate, would be finalized between the fire chief and school board with the developer agreeing to it. Mike Ouellet remarked he had spoken to Fire Chief Brett Brooks regarding the hydrant placement and it was questioned if the placement was too close to the propane tanks. Mr. Schmitz remarked it would not matter to Newland Developers to move it ten feet one way or the other. It was pointed out the hydrant needed to be placed so the Town would be able to maintain and plow it out.
It was noted the emergency lane gate, previously set 40 feet in from addressStreetColby Street, had been moved closer to the street. Brett Brooks stated he felt the gate would be better placed at 50 feet.
In answer to a question at the last meeting regarding average daily sewer and water flow, Mr. Schmitz remarked the average daily usage would be approximately 250 gallons per day. This could change throughout the year; however, it should be remembered that 100% of it would go into the sewer system. Season irrigation system is estimated to be 1,200 gallon per day during the summer.
As recommended by the Planning Board, Mr. Schmitz pointed out Note #32 on C-101 indicating “overnight truck parking is prohibited” and Note #33 stating “outdoor lighting will be turned off during non-store hours.”
Mr. Schmitz presented a snow storage area table for the site indicating room on site for snow storage from a 6-8 inch snowstorm. More than that would require the snow to be carried off site. Mike Ouellet expressed concern with the areas indicated on the corner of Colby & Main Street (A4) and at the addressStreetColby Street entrance (A3) and at the emergency lane access (A2). He remarked a snowbank over four feet high in these locations might affect the line of sight.
Also presented by Mr. Schmitz was documentation for the traffic count information. He indicated the firm had received updated information for October 2006 which showed 7,900 cars per day traveling addressStreetMain Street in 2002. This had increased to 10,000 in 2005. Eugene Reid and David Hicks expressed concern regarding the impact of this project on the traffic congestion between addressStreetMain Street, Route 26 and addressStreetColby Street. Mr. Hicks remarked he felt a traffic light would be necessary as this project is creating a major impact in a small area. Edward Carrier responded that the Planning Board does not have authority regarding a traffic light. Tom Laskowski questioned if the Board had considered having the entrance and exit to be on addressStreetMain Street only with none on
addressStreetColby Street. Edward Carrier responded that PersonNameGreg Placy, DOT engineer, had recommended an access placement on addressStreetColby Street to facilitate a circular flow of traffic. He further stated the Planning Board was basing their decisions on DOT’s recommendation. Eugene Reid remarked he felt a traffic study would be advantageous as it would show what to do prior to a problem. If the study is completed after a problem arises, the developer won’t be responsible to help fund the study. PersonNameKevin McKinnon asked Mr. Linseman if he was adverse to a traffic study. He responded he didn’t feel it was worthwhile when considering what the DOT engineer had said and he would rather not hold up the project. Mr. Linseman also remarked he felt the traffic at Rite Aid would be minimal compared to the traffic generated by Big Apple.
Mike Ouellet questioned what would be done with the dumpster enclosure. Mr. Schmitz answered it would be a cement block structure, possibly matching the exterior of the main store. Three sides would be enclosed with a six-foot wall with a gate facing towards addressStreetMain Street. In answer to the question regarding the propane tanks service area, Mr. Schmitz stated he was unable to get that information from the architect; however, the tanks would be enclosed on all four sides. Mr. Reid questioned if the developer had considered underground propane tanks. Mr. Linseman responded that above ground tanks are easier to service and inspect.
Mr. Schmitz stated he had been unable to obtain information in regards to the decibel rating of the compressors within the building. He noted the roof top units for the cooling system would all be hidden from view below a parapit wall. Mr. Schmitz also obtained no response from the architect regarding the speaker system decibel.
Mr. Linseman then presented the millimium design for the project created for Colebrook. He cautioned the design had not been approved by upper management as yet. The siding would consist of a light-colored cement type clapboard. Peaks had been added to the front entrance facing addressStreetMain Street and addressStreetColby Street. Lighting would be found under the peak.
Phil Shaw asked if there was a decibel rating ordinance in the Town of placeCityColebrook. PersonNameLarry Rappaport responded, before the Selectmen could institute a noise ordinance, it would be necessary to do a noise study, have a lawyer look at what was written for legality and purchase a decibel measuring unit. Because of this, he stated the Selectmen would like to be able to handle noise level without an ordinance. He further remarked that the speaker at Big Apple has not raised an issue and appears to be much closer to a residence than the speaker at the drive-thru pharmacy will be to Shaw’s. Edward Carrier remarked that the high fence and vegetation will create a buffer. Ken Linseman stated he did not believe a lot of people will use the drive-through, perhaps 20 a day. He explained it
was only open to drop off a prescription or pick one up. If the prescription is not ready, the customer will not be allowed to wait at the drive-thru, but most park on site.
Mr. Shaw stated he did have some concerns regarding the plan for a sidewalk on the emergency lane. He understood the Planning Board had asked for it for the safety of pedestrians; however, he questioned if it could be moved to the opposite side of the emergency lane, further from their boundary line. PersonNameKevin McKinnon questioned if it would make any difference to the developer to flip-flop the sidewalk’s position; Mr. Linseman stated it would not make a difference. Mr. McKinnon also asked if the sidewalk could be made five feet wide, rather than four-feet, to facilitate sidewalk plowing. Fire Chief Brooks remarked a 15-foot wide road would be tight for the fire trucks. Mr. Shaw questioned if parents would be encouraged to drop off their children at the entrance to the emergency lane. The
answer was in the negative, further qualified that signage such as “Do Not Enter” would be posted.
The Board and Mr. Schmitz then reviewed the note changes on the individual sheets to the proposed project as follows:
Su-101: No comments
C-101: Mr. Schmitz remarked the Board would be provided with a full set of architectual plans when ready. He also noted the waiver requests for a reduction of the five-foot buffer to enable the driveway to abut the fence and the reduction in parking spaces.
C-102 thrugh 104: No comments
C-105: It was noted the lights will be on the building rather than on the site.
L-101: Mr. Schmitz noted, if necessary, the shrubs will be moved back somewhat. PersonNameKevin McKinnon noted, since the entrance from addressStreetColby Street appears on the plan, it would not be necessary to review a separate driveway application for this entrance.
Chairman Ouellet requested the waivers be presented as a written request to the Board, in addition to being noted.
A question as to how to complete the lot line adjustment and/or subdivision for the emergency lane was discussed. It was determined legal advise should be sought on the correct way to accomplish it. Chairman Ouellet reminded Mr. Linseman that the developer would need to pay the attorney’s fees. The permit process for structures such as dumpster, propane tanks, fence and building were explained.
Edward Carrier made a motion to approve the plan, conditional on the following waivers being put on the final mylar, and approval thereof.
Property owner to provide town with drainage system sediment cleaning records.
Drive thru speaker decibel level such as not to be obtrusive to abutters.
No overnight truck parking.
No exterior lights on during non-business hours.
Hours of operation listed
Deliveries only during business hours.
Benoit Lamontagne seconded the motion. At this point, it was questioned whether a traffic study should be requested. Edward Carrier withdrew his motion with Benoit Lamontagne withdrawing his second to facilitate discussion.
A concensus of the Board revealed a study was not necessary as the Planning Board was basing their decision on an expert’s recommendation regarding traffic information. Edward Carrier made a motion, seconded by Benoit Lamontagne, to accept the pharmcy study based on a national average as presented. All present agreed.
Edward Carrier then made a motion to grant conditional approval, subject to the conditions listed previously. Benoit Lamontage seconded and all present agreed.
Edward Carrier moved to grant the five-foot buffer to the property line to facilitate building the driveway abutting the boundary line. PersonNameKevin McKinnon seconded and all present agreed.
Benoit Lamontagne made a motion to grant the waiver to allow five less parking spaces than required by the site plan regulations. Sandra Riendeau seconded and all present agreed.
Chairman Ouellet, once again, requested that the waivers be presented in writing for the file and also be present on the final mylar.
Conceptual Subdivision:
Kevin Allen – Steven Boulanger, surveyor, showed the Board a conceptual design for a subdivision of property owned by Kevin Allen, located on addressStreetHarvey Swell Road. This proposed subdivision would create Lots 2 & 3, equaling approximately five acres each, to be accessed off addressStreetHarvey Swell Road. placeLot 1 would contain the residual property, equaling just over nine acres. Mr. Boulanger explained that placeLot 1 has an irregular shape so that it could continue to have frontage on the stream. A question was raised as to whether placeLot 1 as configured would meet the town’s 4:1 regulation. The consensus of the Board was the configuration does go with the terrain and it does not appear to be a bowling lot per se. Mr. Boulanger was advised that, if placeLot 3 was
to be further subdivided in the future, it would be very hard to make a conforming lot. He was also advised that perc tests were necessary.
Bills:
PersonNameKevin McKinnon made a motion, seconded by Edward Carrier, to pay the invoice from Gardner, Fulton & Waugh totaling $262.50.
New Business:
PersonNameKevin McKinnon made a motion, seconded by Edward Carrier, to accept the minutes for January 8 and January 17th as written.
The survey on wireless service facilities from the Office of Energy and Planning was reviewed and will be returned, indicating no facilities exist in Colebrook.
PersonNameKevin McKinnon was nominated to attend the Salvage Yard Enforcement Training Workshop on February 15.
The meeting was adjourned at 10:30 pm.
Respectfully submitted,
Sheila M. Beauchemin
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