Town of Colebrook, NH - 2009 November 3

Vice Chairman Danny Lyons opened the meeting at 7 pm. Board members present were Sandra Riendeau, John Jolles, Selectmen Mike Ouellet and alternate Charles Baldwin. Chairman Kevin McKinnon arrived late in the meeting.

Ronald & Rhonda Lyons – 50’ x 100’ warehouse for shavings to be located at 846 Golf Links Road (240-3). Sandra Riendeau made a motion to approve the permit; John Jolles seconded and all present agreed. APPROVED - #2009-67

Marc Ounis – The Board reviewed a question from Mr. Ounis as to whether a permit was necessary for a canopy cover over the front steps of Le Rendezvous from December through March to help eliminate the accumulation of snow. The consensus of the Board was that a permit is not needed for this temporary structure, but it needed to be understood by Mr. Ounis that the canopy cover must be removed by March 31, 2010.

Teri Ladd-Haynes – 4’ x 4’ sign, stating “The Notch Above the Notch” to be placed on the bracket on the building at 88 Main Street. Mike Ouellet made a motion to approve the sign; John Jolles seconded and all present agreed. APPROVED - #2009-68

Teri Ladd-Haynes - Request for a waiver of site plan regulations for the use of the property located at 88 Main Street. Mrs. Haynes proposed to establish a craft and hobby shop at this site with various vendors involved. Her grounds for a waiver were that this site has been used for various commercial endeavors over the years. Mike Ouellet made a motion to approve the waiver; Sandra Riendeau seconded and all present agreed. Mrs. Haynes 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

Brian Beaton & Jil Donovan – The Public Hearing review of this boundary-line adjustment of their property located on East Colebrook Road began on July 7, 2009. At that time, surveyor Dana Masson explained that he was waiting for a State Subdivision Approval for the lot under two acres. The Plan was accepted as presented, conditional on receiving the State Subdivision Approval. The approval was received on October 26, 2009. The Board signed the plans, giving it Town of Colebrook Subdivision #675.

David Brooks appeared before the Board to question if any decision had been reached in regards to the placement of the driveway access recently constructed by Mike Grandmaison. Mr. Brooks contends it is in an unsafe location and is not where the permit indicated.

Robert McKinnon came before the Board regarding the addition recently permitted for Le Rendevouz Bakery. He questioned why the abutters had not been notified. It was explained that the Board does not notify abutters in regards to building permit applications. Mr. McKinnon stated he also felt the new addition is less than twelve feet from the boundary line.

Mike Ouellet remarked that, as he remembered it, the owners of the Bakery had brought in a plot plan which showed the dimensions, and that the setbacks were within the zoning ordinance regulations. Bim Rancloes questioned why the addition is being allowed to be built in the right-of-way. He continued that the addition has curtailed a fuel truck or regular truck from being able to enter without going onto Robert McKinnon’s property and it will be impossible to remove snow and ice this winter.

Mr. McKinnon questioned if the infringement on the twelve foot right-of-way was a problem. Mike Ouellet stated that the right-of-way issue is between landowners. Robert asked if the town has a requirement for fire trucks and road widths. Mike responded that the town does not have a set standard. Robert was of the opinion that abutters should be notified when a right-of-way is involved.

Mr. McKinnon stated that the property line does not go in a straight line; therefore the addition is not the same amount of distance from the line throughout. Mike Ouellet responded that the plan the Board reviewed indicated the building would be on the owner’s property and the correct distance from the boundary line. If the Board made a decision on misrepresented information, they would need to review the permit.

Mr. McKinnon also questioned, if the structure is measured from the eve overhang, would it still meet the zoning requirements. He stated he believed the minimum right-of-way is twelve feet. Mike Ouellet remarked he believed the right-of-way is whatever the landowners agreed to at the time it was built. Everyone was in agreement that the deeds for the properties in question do not state dimensions.

Mr. McKinnon stated he felt the Planning Board should issue a cease and desist until it could be ascertained if the Board was given incorrect information. John Jolles agreed that the matter should be reviewed. Mike Ouellet remarked that the Planning Board does not meet for another month; however, the Selectboard would meet the following Monday and they are the enforcing agents. Mike felt that, if Mr. McKinnon could prove to the Selectboard that the information the Board made their decision on was incorrect, the Selectboard could do a cease and desist. He did, however, remind Mr. McKinnon that he was not speaking for the entire Selectboard. Mr. McKinnon would need to bring in copies of the abutting properties deeds and a copy of the survey map he is referring to.

Bim Rancloes remarked that his building has seven apartments with the Bakery owning all the land around it. He questioned how his tenants would be able to park or an ambulance would be able to access the building. Further discussion indicated that there has never been parking area for his renters.

John Jolles noted the Planning Board does not investigate; they act on what is on the paper before them. They trust the information presented is accurate and trust the builder to complete the job as stated. The Board also depends on abutters to come in if something is not correct. If there was a mistake made permitting the addition to the bakery, the question remains how to fix it; but, first, the information disputing the decision needs to be in writing. Charles Baldwin questioned if a “builder of addition” should be required; in other words, the addition is surveyed after it is built to prove it is the correct size and meets the setback requirements. It was agreed this has never been done before.

It was determined that the Local Government Center would be notified as to the Board’s position if they received misrepresented information; whether the Board had jurisdiction over the issue of the right-of-way and how to proceed due to the fact there is no description for the right-of-way at issue.

Rick Albert has asked for a letter of support for the possibility of placing a Dunkin Donuts franchise on the property currently owned by Donna Bouthillier and identified on the Town Tax Maps as 109-83. A letter will be written to Mr. Albert explaining that the Board cannot guarantee a building permit until the proposal has gone through a full site plan public hearing to address any abutters’ concerns; however, if the applicant meets all the town ordinances and site plan requirements, the Planning Board foresees no problem with this proposal. The Town of Colebrook welcomes new business endeavors and the Board has worked diligently attracting businesses to the Town of Colebrook.

A discussion ensued regarding building permits and certificates of occupancy. The board will consider next month the possibility of changing the name on the Application for Building Permit. It is understood public hearings must be initiated by January 7^th and the issue will need to be placed on the Town Warrant prior to any change.

A review of James Jeffers certificate of occupancy noted that the licensed tradesman had not signed or listed the master’s number. The certificates of occupancy will be returned to him for completion.