October 2, 2007 Planning Board Minutes
Chairman Edward Carrier opened the meeting shortly after 7 pm. Other board members present were Kevin McKinnon, Irene Bean, Sandra Riendeau, and Selectman Frank Dumaine.
Others present were Chris Thivierge, Brett Brooks, Dana Masson, Philip Shaw, Bill Sambito and Sheila Beauchemin.
Building Permits:
Shawn M. Kopp – Place a 28’ camper with 12’ x 16’ room on front on his property located off Fish Hatchery Road (R7A Lot 1). Mr. Kopp indicated that he had purchased a 300-gallon holding tank. Sandra Riendeau made a motion to approve the permit; Kevin McKinnon seconded and all present agreed. Mr. Kopp will be advised that he will need to turn in pumping receipts upon request. APPROVED - #2007-87
Peter Cummings – 10’ x 12’ deck on his residence at 34 Carlton Hill Road (R9 Lot 100). Kevin McKinnon made a motion to approve the permit; Irene Bean seconded and all present agreed. APPROVED - #2007-88
Kim & James Bennett – 20’ x 20’ barn to be placed on their property at 691 Diamond Pond Road. Kevin McKinnon made a motion to approve the permit; Sandra Riendeau seconded and all present agreed. APPROVED - #2007-89
Sandra Riendeau removed herself from the Board.
David S. Rainville – 14’ x 16’ storage and tool shop to be placed on his property at 333 Route 145 (R6 Lot 60). Irene Bean made a motion to approve the permit; Frank Dumaine seconded and all present agreed. APPROVED - #2007-90
Sandra Riendeau resumed her seat on the Board.
Sign Permit:
Elaine & Haven Haynes – Place a 4’ x 8’ sign, stating “Haynes Homestead & Grammy Haynes Little Herbal Shop” with hours, on the corner of Route 26 and Diamond Pond Road. Landowner permission was attached. Mrs. Haynes indicated that this sign had been taken down due to the widening of Route 26 and had not been their choice. Kevin McKinnon made a motion to approve the permit, with fee waived. Sandra Riendeau seconded and all present agreed. APPROVED - #2007-91
Site Plan Public Hearing:
Chris Thivierge – Chairman Carrier read the site plan application submitted by Chris Thivierge for a proposed auto repair shop at 109 Colby Street. Written permission from the property owner, Jeff Haynes, was attached. Mr. Thivierge stated that he would be open from seven to five. He also explained that it was his hope that this would be a temporary set-up; that he might be able to move to another location within a year’s time.
Sandra Riendeau questioned the parking availability on the premises. Mr. Thivierge responded that the vehicles are left during the course of the day, and, as a rule, are picked up that same evening. Occasionally one might be left overnight but there is enough parking in front of the garage for this.
Chairman Carrier questioned how the excess oil, batteries, and antifreeze were handled. Mr. Thivierge stated that oil and antifreeze is recycled with the battery cores returned to the stores.
Mr. Thivierge asked the procedure for a sign and whether a vinyl banner hung on the building would be acceptable. It was explained that, should a banner be up for more than 30 days, it would be treated as a sign and would need a permit.
Sandra Riendeau made a motion to accept the site plan as presented; Irene Bean seconded and all present agreed. APPROVED
Review of Site Plan:
16 Colby Street – Proprietor Brett Brooks appeared before the Board in answer to recent correspondences regarding the outside sign illumination being on after closing hours at his establishment at 16 Colby Street. Mr. Brooks related that, in the beginning, there was a timer issue and he did not realize the lights were staying on all night. That issue has been resolved, and to his knowledge, the lights turn off at the set time of 9:00 pm, unless the power has been off. The timer appears to gain time when the power is interrupted.
Phil Shaw stated the he understood from the original public hearing that the lights would go off when the NAPA store closed, which is 6 pm. Mr. Brooks responded that he felt there had been a misunderstanding at the original meeting, in that when he had said they would follow Rite Aid and turn the lights off when they closed, he had been referring to Rite Aid’s closing time of 9 pm, not NAPA’s closing time of 6 pm.
Mr. Brooks did point out that the sign is a fluorescent sign, not neon. He felt that the street light might create more problem for Mr. Shaw than the NAPA sign. Mr. Shaw remarked that the NAPA sign shines into his dining room and upstairs bedroom.
Chairman Carrier explained that it was the Planning Board’s hope to help negotiate an agreement between Mr. Shaw and Mr. Brooks regarding the time the lights would be on. The Board needed to look at what kind of harm leaving the lights on created. He continued that the NAPA sign did not appear to be brighter than the street lights; however, he conceded he did not live in Mr. Shaw’s house.
Mr. Shaw remarked that the results of the original hearing was that the lights would go off when the store closed. He questioned if there was a reason to keep them on three hours after closing; what did it accomplish other than advertising which was impinging on his quality of life. Mr. Shaw continued that the Rite Aid project went through steps and have specific items stated on their site plan one of which is the lights will be turned off at closing. He felt both business should be held to the same standard. Kevin McKinnon explained that the site plan process looks at each endeavor on a case by case basis. Conditions do not have to be the same for two businesses.
Irene Bean asked if Mr. Brooks had not understood the determination regarding the lights at the original hearing. He responded that his intepretation had been that his lights would go off the same time as Rite Aid’s. He further remarked that with all the shades pulled, Mr. Shaw wouldn’t be able to see the lights. Mr. Shaw responded he did not feel the responsibility should be on his shoulders.
Sandra Riendeau remarked that the sign appeared to be two parts, one facing Main Street and one facing Colby Street. She asked if the one facing Colby Street could be turned off. Mr. Brooks remarked that the two signs were tied together, but it might be possible to turn off the Colby Street side and leave the other one on. Edward Carrier asked Mr. Shaw if turning off the Colby street side at 6 pm would be an amicable solution. Mr. Shaw questioned why both signs couldn’t just be shut off at 6 pm. Mr. Brooks responded that the original NAPA store had no exposure, and the fact that the sign can now be seen from Main Street was a way to catch the eye of people coming into town. He further remarked that he would need to check with an electrician to see if it was possible to turn off the Colby Street
side without shutting off the Main Street side also.
Mr. Shaw stated that turning the Colby Street side off at 6 pm and leaving the Main Street side on until 9 pm would be agreeable to him. He did ask that, in the interim between the electrician coming to fix the lights, he would like to see all the lights go off at 6 pm. Mr. Brooks agreed.
A modified stie plan decision will be sent stating the following agreement:
Until an electrician is able to remedy the situation, all lights will be turned off at 6 pm. After the electrician has completed his job, the Main Street light will stay on until 9 pm. The Colby Street side light will be shut off at 6 pm.
Conceptuals:
Sheldon & Elaine Gray – Mr. Gray is proposing to separate a five-acre lot from his gravel pit located on Route 26. Two accesses have already been established for this parcel and it was questioned if a third access could be obtained. Surveyor Dana Masson was advised that both accesses need to appear on the subdivision map. A public hearing will be warned for November.
North Country Community Recreation Center – William Sambito presented a conceptual design for the outdoor recreation center being proposed for the property at 33 Rec Center Road. He was advised that the Board would want to see lighting and parking on the plan. A public hearing will be warned for November.
Old Business:
At last month’s meeting, it was questioned whether the lots created by the boundary-line adjustment proposed by Eddie Nash & Sons, Inc. would require a state subdivision due to the fact the acreage would be less than five acres. DES has informed Mr. Masson and the Board that a state subdivision is not necessary due to the fact that the lots are pre-existing. DES did point out, however, that before any building permit is issued for these newly created lots in the future, state subdivision approval will be required. Chairman Carrier remarked that the town regulations require a test pit and he felt, at the minimum, test pits should be indicated on the lots.
After much discussion, it was agreed that the proposed boundary-line adjustment affecting Lots 20, 26, 108 and 109 owned by Edward Nash & Sons, Inc., Edward Nash Estate and Scott & Helen Nash should be presented like all other boundary-line adjustments. Nothing to do with the site plan affecting these four lots needs to be indicated on the boundary line adjustment plan.
The modification to the site plan for the above mentioned lots witll consist of a written statement noting all changes to the site plan. It will not be necessary to redraw the site plan.
New Business:
Kevin McKinnon made a motion to approve payment of the News & Sentinel invoice for $45. Irene Bean seconded and all present agreed.
Kevin McKinnon made a motion to approve the September minutes as written. Sandra Riendeau seconded and all present agreed.
The meeting was adjourned at 9:45 pm.
Respectfully submitted,
Sheila M. Beauchemin
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