Minutes of the Zoning Board of Adjustment Hearing
October 6, 2003
ZBA Hearing: Regarding Mike Bouchard.
Members Present: George Mahnke, Albion Lyons, Sandy Stone, Francis Sytek, Lawrence Kelsea, and Harold Davis.
Also Present: Donna Caron, Heidi Lawton, Sally Wentzell, Larry Rappaport, Mike Ouellet, Sandra Riendeau, Mike Bouchard, Eddie Nash, Attorney Bernie Waugh, Attorney David Schulock, Donna Jordan, and Lucie Fillion.
Meeting called to order by the ZBA Chairman, George Mahnke at 6:00pm.
Mike Bouchard asked Attorney Schulock why they were protesting the site plan? Attorney Schulock explained that he is not representing Mr. Eddie Nash he is representing Bonnie Buhay. He went on to say that Mrs. Buhay was worried about the appearance of Mr. Bouchard’s lot. Attorney Schulock explained where Bonnie lives to the board and then explained what Mr. Bouchard was intending to sell. Attorney Schulock then handed out the minutes of the last Planning Board Meeting. Bonnie Buhay was concerned with the appearance of Mr. Bouchard’s lot. Attorney Schulock pointed out that in the minutes of the Planning Board Meeting there were no conditions set forth for Mr. Bouchard’s site plan. Attorney Schulock pointed out that in the minutes of the Planning Board Meeting, there were
no conditions set forth for Mr. Bouchard’s site plan. Attorney Schulock then passed out Site Plan Regulations for the Town of Colebrook. He was concerned with letter I on page 12 of the Planning Board Regulations. Attorney Schulock then passed out ZBA Regulations. He mentioned the preamble of the regulations and also page 9. On page 9 a Rental Lot was not listed as a use on the list. Attorney Schulock then explained that Bonnie Buhay is expecting three things of the board:
1. The use as a Rental Lot is not a right.
2. Vacate the site plan approval, for Mr. Bouchard, and make him get a special exception.
3. Mr. Bouchard needs to get a special exception from the board.
Attorney Waugh explained that even though a Rental Lot was not on there, retail use is, and these things that Mr. Bouchard wants to rent, are retail.
Attorney Schulock said he does not view it as retail and Mrs. Bouhay looks at it like a want ad. You call a number and ask the seller about the product. Attorney Schulock then handed out minutes of the July Planning Board Meeting. On page 5 it says that “Mr. Bouchard wants to have rental lots,” so Attorney Schulock says that is not retail. He explained that Mr. Bouchard’s items are not being sold by him, they will each have a tag on them with a phone number to call.
Mr. Bouchard explained that he set his own conditions for the Planning Board and maybe that is why they didn’t set them. He is selling land spaces for people to sell things. He showed the board pictures of a business that has three tractor trailer loads a day to it and nothing has ever been done about that.
Attorney Schulock thanked everyone for coming and explained that warehousing is not an exception to the rule.
Chairman George Mahnke wants to recess to do more research on this matter he then explained that the Zoning Board of Adjustment is trying to abide by the laws and help people case by case.
George Mahnke then made a motion to change the abutters fees from $2.00 to $4.65 an abutter, Frances seconded, motion passed.
George Mahnke then made a motion to accept the minutes from the last ZBA meeting, Albion seconded, motion passed.
The next ZBA meeting was scheduled for Tuesday, October 14, 2003; the board will be recessed until then.
Meeting adjourned at 6:35pm.
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