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June 14th, 2007
Carroll Planning Board
Meeting Minutes
June 7, 2007
“These minutes of the Town of Carroll Planning Board have been recorded by its Secretary. Though believed to be accurate and correct they are subject to additions,
deletions, and corrections by the Planning Board at its next meeting when the Board votes its final approval of the minutes. They are being made available at this time to conform to the requirements of New Hampshire RSAS 91-A:2.”
Members of the Board present: Chairman John Birknes, Evan Karpf, Ernie Temple and Donna Foster.
Members of the Public present: David Vendt, Tamara Vendt, Tina Silva-Shaw
Minutes taken by Maryclare Quigley, Secretary:
Pledge of Allegiance
Meeting called to order at 7:04 PM
The Board reviewed the minutes of May 3, 2007. Ernie Temple made a MOTION to: accept the minutes as written and Evan Karpf seconded. The Motion was approved unanimously.
The Board then reviewed the minutes of the Cell Tower Public Hearing continuation of May 8, 2007. Evan Karpf made a Motion to: accept the minutes as written. Ernie Temple seconded, and the Motion was approved unanimously.
Next, the Board reviewed the minutes of the continuation of the Public Hearing of the Site Plan Review for Mount Washington Hotel Spa and Conference Center on May 9, 2007. Dr. Karpf said he had asked Matt Dieterich to identify himself and if he was qualified to make the determination as to water supply availability. Mr. Dieterich replied that he is the Managing Director of the Rosebrook Water Company and that he is qualified to make this determination. Dr. Karpf also noted that in questioning the Fire Chief, Jeff Duncan, about his concerns regarding the load capacity (for fire apparatus, etc.) of the area leading to the loading dock, he stated that these will be addressed through the building permit process. Dr. Karpf requested that these two items show in the minutes.
Ernie Temple made a Motion to: approve the minutes as corrected. Evan Karpf seconded, and the Motion passed unanimously.
Chairman Birknes then reviewed the correspondence. First was a letter from Jim Murn of Provan & Lorber regarding estimating the cost for the roads at the Mount Washington Spa and Conference Center for providing a bond. Next was a letter from abutters, Dr. and Mrs. James Crawford, regarding the height variance, which they do not oppose. However, they asked that the Planning Board be on notice for potential height variances that may be located downhill from their unit #7 of the Mount Madison Townhomes on Hartford Lane. Next was notification of a conference about junkyards, as well as one about a book on regulating and enforcing junkyards. It was mentioned that Bill Dowling may be attending the conference, and Mr. Birknes told the Board to contact Maryclare if they are interested in attending. An announcement of the release of the 2007 Edition of “Knowing the Territory” A Survey of Municipal Law for New Hampshire Local Officials was also received. Mr. Birknes noted that it is available on CD for $6. After a brief discussion, Evan Karpf made a Motion to: purchase the CD entitled “Knowing the Territory” for $6. Ernie Temple seconded, and the Motion passed unanimously.
Last was a “save the date” for the 66th Annual Conference by LGC in November. There will be more information coming, but Chairman Birknes advised any who would be interested in attending to let Maryclare know.
David and Tamara Vendt came before the Board to discuss the possibility of subdividing their land on Route 115, Map 202, Lot 23. They said they wanted to subdivide a piece that an abutting neighbor had asked about purchasing from them, apparently to build a house on. Mr. and Mrs. Vendt had a plan of their property which they used to show the piece of land they were discussing, and which also showed an access road, on which the owners have a right of way. It was the Board’s opinion that they should be able to do this subdivision. The Board asked that the Vendts have the Road Agent, Billy Rines, look at the road to determine if it would be sufficient and also how it will be maintained—they would expect that the owners of the new lot would participate with the two current property owners and therefore, split it among the three owners (none of whom are Mr. and Mrs. Vendt). It was unknown if the neighbor (who owns the KOA Campground) will want to combine this with their existing property, and also unknown if they will wish to have town water. The Board advised that the lot will need to have perk tests done.
Mr. and Mrs. Vendt were told they should come to the office during business hours to pick up an application and set up for the July meeting if they decide to pursue this.
Next was Tina Silva-Shaw who came to finalize her lot line adjustment, Map 203, Lot 66. There was discussion regarding the size of the new lot which is just less than two acres. The town’s Zoning Ordinance requires lots in the Rural Zone to be a minimum of two acres unless there is town water on it, in which case the minimum size is one acre. As the proposed new lot is not two acres and does not have town water, Chairman Birknes suggested that as a condition of approval, the Board should ask for a Bond to insure that a line for town water is run to the lot. Ms. Silva-Shaw disagreed with having to post a bond as she is undecided whether she will build on the lot or not and explained that she was meeting with the Board only to find out when the plan would be recorded. It was explained that if she chose to sell the lot in the future, it would be difficult for anyone to
get a building permit. Dr. Karpf explained that he had issues originally about this as the Board was essentially being asked to create a non-conforming lot, so if approval is given without conditions, they would be violating their own zoning ordinance. Various aspects of the original subdivision were discussed in relation to grandfather clauses and the zoning ordinance. Discussion ensued as to the fact that when the original lots are changed, which this is by doing a lot line adjustment, then it is removed from the protection of the clause and current ordinances apply. Further, it is state law that if land can conform to zoning, then it must.
Ms. Silva-Shaw explained that she wants to sell the lot with the house on it and she was trying to have that lot be an acre and a half. It was noted that another option would be to run the line elsewhere, which would reduce the lot with the house to just over an acre, but would allow the new lot to be two acres, and thus conform to the zoning ordinance. She advised that her surveyor had drawn up a plan this way, so she will bring that one to the July meeting for Board approval. Chairman Birknes advised that the meeting will be posted but abutter letters will not have to be sent.
Chairman Birknes reminded everyone about the Cell Tower Hearing continuation on Wednesday, June 13. Ernie Temple and Donna Foster each advised they would be unable to attend. Chairman Birknes advised Mrs. Foster that any meeting that did not have seven sitting members, alternates are most welcome to sit with the Board (and it would be greatly appreciated).
It was then brought up (because of the increase in postage) that application fees did not specifically include mailing mylars to the Registry for recording and it was asked if these should continue to be absorbed in the fees or if a fee should be added. Discussion took place after which Evan Karpf made a Motion to: add a fee to cover postage for mailing the mylars to the Registry. Ernie Temple seconded, and the Motion passed unanimously.
Adopting rules or procedures as a Planning Board was then brought up. It was suggested that these may already exist but most do not have them, or have even seen them. Chairman Birknes said he felt this would not be necessary and found a copy of the Town of Carroll Planning Board “Meeting and Hearing Procedures” which he asked be copied for each Board member.
Updating the Site Plan Regulations due to the adoption of the Architectural Design Review then came up. It was Mr. Birknes’ thought that this had been done with the adoption, and he asked Maryclare to check into pieces of correspondence from Town Counsel, Bernie Waugh. Dr. Karpf mentioned about having attended a conference recently and how curbside appeal had been strongly emphasized, which he believed reinforced the need and desire for the Architectural Design Review recently adopted. He also mentioned a meeting he was to have with Mike Brunetti at the Bretton Woods Land Development Co. Previously offers of help had been made from Celebrations, Inc. and BW Land Devel. Co. with regard to town planning, etc. It is Dr. Karpf’s intention to ask if they will pay for or bring in a professional planner to evaluate the town. He also stated that most likely a group will go to the Selectmen to ask for permission to form a committee for economic development. It was suggested that there might already be one, but not a lot of people are aware of this as it has not been active for some time.
There being no further business, Evan Karpf made a Motion to: adjourn the meeting. Ernie Temple seconded and it passed unanimously.
Chairman Birknes declared the meeting ended at 8:15 p.m.