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03/11/2010 ZBA Minutes
March 19th, 2010
Carroll Board of Adjustment
Meeting Minutes February 11, 2010
“These minutes of The Town of Carroll Board of Adjustment have been recorded by its Secretary. Though believed to be accurate and correct they are subject to additions, deletions, and corrections by The Board of Adjustment 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 RSA 91-A:2”
Members of the Board present: Joan Karpf, Leslie Bergum, Paul Bussiere, Bill Dowling
Members of the Public present: Steve Messina, Frank Maturo, Tadd Bailey
Minutes taken by Rena Vecchio, Secretary
Meeting called to order at 7:00.
Pledge of Allegiance.
Chairman Karpf declared there was a quorum and asked for the minutes of February 11, 2010 be reviewed. Bill Dowling made a motion to: accept the minutes as written. Leslie Bergum seconded and the motion passed with 3 ayes and 1 abstention as Paul Bussiere was not at that meeting.
Next on the agenda is Steve Messina for a Special Exception for his property on 2580 Route 302 E, Above the Notch Inn, Bretton Woods, Map 208, Lot 002. Mr. Messina would like to convert the 13 unit Above the Notch Inn, with an office and the 2 bedroom/2story house into condominium units. Although the property is physically in Res. 2 Zone, because it is not part of a concept plan, the property reverts back to Twin Mountain, Res.1 for zoning purposes.
Chairwoman Karpf opened the Public Hearing for Mr. Messina at 7:01. She asked if the public had any questions. There being none, the Chairwoman closed the Public Hearing at 7:02.
Chairwoman Karpf asked the board to go over the application and the zoning regulations under Residential (Twin Mountain): RES 1, page 8. Reading from the zoning regulations she said the minimum frontage along the principal access shall be 150 feet. Minimum yard setback requirements are as follows:
• Front setback – 30 feet
• Side setback – 20 feet
• Rear setback – 50 feet
The board then went over and discussed Special Exceptions, Section 305. The 3 criteria to grant the proposed use; the capacity of existing or planned community facilities, the character of the area affected and traffic on roads and highways in the immediate vicinity, are ZBA concerns and responsibilities. Section 305.2, Standards Applicable to Special Exception can be used for guidance also.
Paul Bussiere wanted to know who was going to be doing the maintenance of the property. Steve said that he would be doing it at least at first and maybe he would hire someone to do it. Paul said he does not feel it is a change of use. And the chair said that was debatable.
Chairwoman Karpf said she had talked to Stan Borkowski, the Town’s Building and Code Enforcer, and he was hoping that the board would postpone the decision. He felt that he did not have the opportunity to go over the state requirements for condominiums. So she said the decision is up to the board to do so or not. Paul Bussiere said he did not feel that Stan’s concerns really affected the ZBA, that is was more of a concern for the PLBD.
Paul Bussiere made a motion to: continue filling out the 3 requirements for the Special Exception and either it be granted or denied. Bill Dowling seconded and the motion passed unanimously.
The Chair said we will deliberate and decide tonight. All 3 criteria have been filled out and the board agrees with them. A copy will be attached to the minutes. Bill Dowling made a motion to: approve the Special Exception for Steve Messina, 2058 Route 302E, Above the Notch Inn, Bretton Woods, Map 208, Lot 002, with these conditions:
1. That all the state requirements and conditions are met for condominiums.
2. That the PLBD addresses all their concerns.
3. That in the Zoning Regulations, Section 704, Board of Adjustment, 704.3 e, “Any special exception or variance granted by the Board of Adjustment shall be exercised within one year.”
Paul Bussiere seconded and the motion passed unanimously.
Leslie Bergum made a motion to: adjourn the meeting. Bill Dowling seconded and the motion passed unanimously. The meeting ended at 7:25.