Planning Board Minutes
July 2, 2007
Chairman Edward Carrier opened the meeting at 7 pm. Board members present were Sandra Riendeau, Kevin McKinnon, Irene Bean, alternate Joe Ippolito, and Selectman Frank Dumaine.
Others present were Don MacNeil, Tracy & Tom Paglieroni, Scott Kramer, William Randolph, James Beaton, Matthew Elliott, Monda Anderson, Bill Brooks, Dave Brooks, Phil Shaw, Donna Jordan, John Loy, Sharon Pearson, Claire Lynch, Elaine Haynes and Sheila Beauchemin.
Daniel Lynch – 36’ x 48’ house with two-bedrooms to be placed on his property on Titus Hill (R8 Lot 112). Kevin McKinnon made a motion to approve the permit, conditional on receiving the state approval for construction of a septic system. Irene Bean seconded and all present agreed. CONDITIONAL APPROVAL - #2007-55
Leon & Alicia Rollins – 33’ tag-along camper with portable toilet on their property on Reed Road (R11 Lot 96). Sandra Riendeau made a motion to approve the permit, conditional on the fact that no running water be within the structure and that pumping receipts for the portable toilet be made available upon request. Kevin McKinnon seconded and all present agreed. CONDITIONAL APPROVAL - #2007-56
Dennis Riley, Jr. – 28’ x 28’ carport to be placed on his property on Reed Road (R3 Lot 29-3). Kevin McKinnon made a motion to approve the permit; Frank Dumaine seconded and all present agreed. APPROVED - #2007-57
Scott Bourque – Extend Permit #2005-61 to build a 36’ x 56’ three-bedroom vacation home on his property on Russell Road. Mr. Bourque indicated on his request that he would not be ready to begin construction until the summer of 2008. Due to the fact that two years have elapsed since the permit was issued, the Board felt it was necessary for Mr. Bourque to reapply for a building permit. DENIED
David Groves – 20’ x 34’ two-bedroom log home to be placed on his property on Harry’s Way (R11 Lot 131). Kevin McKinnon made a motion to approve the permit; Irene Bean seconded and all present agreed. APPROVED - #2007-58
Amy Martini – 12’ x 36’ one-story addition to the residence owned by Linda Mangels at 7 Mangels Drive. The 2004 septic design for this property indicated a system serving an existing two-bedroom house and a two-bedroom apartment in a garage. Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2007-59
Sandra Riendeau excused herself from the Board during the following application consideration.
Colebrook Downtown Development Association – Place a 4’ x 7’ kiosk on property owned by Donna Bouthillier, located on the corner of Spring Street and Main Street. Sandra Riendeau explained that this kiosk would house information of town events and would be monitored by CDDA. The front setback indicated on the application equaled 10 feet. The Zoning Ordinance for the Town of Colebrook states, “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) State law does not allow the Board to grant a variance. Kevin McKinnon made a motion to deny the application; Frank Dumaine seconded and all present agreed. CDDA was advised of their right to go before the Zoning Board of Adjustment
for a variance. The Colebrook Planning Board will inform the ZBA they had no objection to the placement of the kiosk. DENIED
Sandra Riendeau returned to the Board.
Elaine Haynes – Place a 3’ x 3’ sign, advertising the Farmer’s Market, on the Town of Colebrook land on Route 3 North and near the “Welcome to Colebrook” sign on Route 3 South. This sign would be temporary during the summer months. Mrs. Haynes was advised that anything placed on Route 3 South must garner state approval. She would need approval from the landowner to place a temporary sign on Route 3 North.
Irene Bean excused herself from the Board during the following consideration:
Tom Mercer / Irene Bean – 30” x 35” sign, stating “The Van Dyke House…” to be placed at 178 Main Street. Kevin McKinnon made a motion to approve the application; Sandra Riendeau seconded and all present agreed. APPROVED - #2007-60
Irene Bean returned to the Board.
Poulin Sales Inc. – 4’ x 6’ sign, stating “Poulin Appliance”, to be placed in front of the store at 6 Sanel Drive. Kevin McKinnon made a motion to approve the permit; Irene Bean seconded and all present agreed. APPROVED - #2007-61
Boundary-Line Adjustment Public Hearing:
KSL Holdings – Colebrook, NH LLC and Colebrook School District – Chairman Carrier read the application which proposed a boundary-line adjustment between property owned by KSL Holdings – Colebrook NH LLC, identified on the Colebrook Tax Maps as U12 Lots 10-14 (merged on June 11, 2007) and property owned by the Colebrook School District, identified as U12 Lot 20. This boundary-line adjustment would add 3,866 square feet from the merged parcel to the Colebrook School District (which would become a fire lane for the school district.) The Colebrook School District, in turn, would give up 2,601 square feet to KSL Holdings – Colebrook NH LLC. Waivers for final drainage system; topographic contour boundaries at five-foot intervals; location of soils, groundwater, and percolation tests, and final plans and profiles of
water mains, sanitary sewer, gas and other utility systems were requested due to the fact that the site plan approved in February indicated all this information. Frank Dumaine made a motion to accept the application, including the waivers, as presented; Kevin McKinnon seconded and all present agreed.
Frank Dumaine then made a motion to approve the boundary-line adjustment plan as presented; Sandra Riendeau seconded and all present agreed. #647
Waiver of Site Plan Regulations:
Tracy & Tom Paglieroni - Request for a waiver of site plan regulations for the use of the property located at 119 Main Street. Mrs. Paglieroni proposed to open a deli / take out at this site. The grounds for a waiver were that they would be using the rented space as is. She stated the health inspector had viewed the site and stated no construction changes were necessary other than adding a sink. In answer to Irene Bean’s question, Mrs. Paglioroni explained they planned to have three tables inside for people waiting for their orders; however, the focus will be to have people walk in and walk out. Throw away dishes will be utilized. Sandra Riendeau made a motion to approve the waiver conditional on receiving written permission from the landowner. Kevin McKinnon seconded and all present
agreed. Mr. & Mrs. Paglieroni were 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
Lewis Oil Co. Inc. - Request for a waiver of site plan regulations for the use of the property located at 8 Hill Avenue. Mr. Lewis proposed to establish his oil and propane business at this site. His grounds for a waiver were that there would be no change in status. Sandra Riendeau made a motion to approve the waiver, conditional on adequate protection be provided in regards to the propane tanks and that all state regulations be met for liquid and gas petroleum. Kevin McKinnon seconded and all present agreed. Mr. Lewis 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
Sandra Riendeau and Irene Bean excused themselves from this hearing due to a conflict of interest. Joe Ippolito was asked to sit in.
Fleury - Patry Funeral Home – James Beaton explained that he had not received an answer from the State of New Hampshire regarding the driveway change of use permit as of yet. After measuring the parking area at the site, he was able to determine that fourteen nine-foot wide parking spaces were available on site. He stated that Fleury - Patry would recommend that the southly access be utilized all exiting from the site. Mr. Beaton continued with statistics in regards to the number of and types of funerals (afternoon visitation; afternoon and evening visitation; grave site only, etc.) which had been conducted in the past year in the Colebrook area. Less and less, appear to have visitations both afternoon and evening. He stated he had not spoken again to Mr. Bouchard in regards to using the Northern
Outlet Parking Lot as he felt that the funeral home should be able to sustain itself. He remarked that if the parking lot should be getting full, they would speak to the families and provide transportation, including limo service for the family. James agreed that the parking situation would be relieved somewhat with the removal of the driveway island, which currently exists on site. Joe Ippolito asked if James would be willing to hire a police officer to be on site during a funeral to direct traffic. James agreed to speak with the police department.
Mr. Beaton asked if the Board would consider a 6-12 month probation period, giving Fleury-Patry an opportunity to manage the lot. Edward Carrier explained that he understood that the average attendance at a funeral was declining and large funerals are not as common; however, someone being injured or killed due to the lack of sidewalk at this site would be one too many. His biggest concern was the pedestrian traffic. Sandra Riendeau remarked that cars usually speed up as soon as they pass the former Gooch residence; and she felt the police should monitor that more often. James questioned if a crosswalk could be added to Route 3. Kevin McKinnon remarked that he doubted DOT would allow one as the line of sight is not sufficient.
Frank Dumaine remarked that he felt the Board must wait until the Department of Transportation had given their approval for the change of use of the driveway before making a decision. He had no problem with the building being used as a funeral chapel; however, he did have concerns with the safety issue. Before making a decision, he would like to have Fleury-Patry put in writing the following: (1) they would provide shuttle service when the parking lot on site was full; (2) a police officer would be hired to handle traffic during a large funeral procession or when the parking lot was full; and (3) the island in the driveway on site would be removed.
Joe Ippolito remarked that he felt if the Board approved the site plan it would need to be conditional to a police officer being on duty during calling hours. He also felt approval from DOT regarding the driveway was necessary prior to a decision. Edward Carrier questioned if the Board would need to get a legal opinion regarding liability should the Board approve the site knowing there is no crosswalk and requiring an officer on site. Frank Dumaine stated he would want to see some sort of condition that the site plan could be revoked if safety became an issue. Mr. Beaton was advised that any costs associated with legal counsel would be at Fleury-Patry expense.
Mr. Beaton agreed to wait until an opinion had been received from DOT regarding the access before the Board asked for an opinion from legal counsel. The public hearing will be continued until August.
Sandra Riendeau and Irene Bean resumed their position on the Board.
Kevin McKinnon made a motion to approve the invoice for $46 from the News & Sentinel; Irene Bean seconded and all present agreed.
Release of Deed Covenants, Harry’s Way – Scott Kramer and William Randolph explained that they own a parcel on Harry’s Way they are preparing to sell. Currently there are conditions and covenants which were imposed at the time of the original subdivision pertaining to their property, to include: no mobile homes, no junk cars, no trailer or mobile homes except for purpose of camping not to exceed 60 days; no restaurant, bar, commercial garage, factory or farm, residential building must be a minimum of 1200 square feet and no further subdivision. Their lawyer had written a letter to the Colebrook Planning Board asking the Board’s consent to release the mutual deed restrictions due to the fact that they are referenced on the actual subdivision plan recorded at the Registry. It was further emphasized that the
condition the Planning Board had imposed in 1988 that the roadway in this subdivision would not be taken over by the town as a public roadway until such time as the roadway meets town specifications would not be affected by this release. The release specifically states this condition shall continue in full force and effect.
Edward Carrier questioned if the Board needed to have an amended plan because the developer’s conditions were written on the original recorded subdivision or if it was legal for the Board to sign the proposed consent to release the deed restrictions. He further questioned if the Planning Board should even be involved in this action. Board members were in agreement that this should be put before town counsel prior to the document being signed.
Mr. Kramer further explained that it was their wish to open up the gravel pit located on their property to fix the road within the subdivision. He explained that there is no association for the road at the moment; however, he and Mr. Randolph had originally built most of the road and had the equipment to repair it. They had no problem doing the whole road because adjoining landowners had helped them over the past ten years. They assured the Board that no gravel would be sold commercially. Kevin McKinnon stated that removal of gravel from an existing pit usually requires an excavation permit unless the gravel is for your own use. The Board would ask that the pit be sloped off and grassed once the road project is completed. Mr. Kramer and Mr. Randolph were advised that, if they should move more than
100,000 square feet of earth, a permit is required from the State of New Hampshire. All Board members agreed that the pit could be used for maintenance of Harry’s Way only.
The Board reviewed a letter from Attorney John Frizzell requesting copies of recent correspondence regarding whether the former Clarkies Market conforms to zoning regulations.
There appears to be a camper on property owned by Bradley Montague on Scenic Drive without a building permit. He will be asked to obtain a building permit.
Kevin McKinnon made a motion to approve the June planning board minutes as amended; Irene Bean seconded and all present agreed.
The meeting was adjourned at 9:45 pm.
Sheila M. Beauchemin