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Minutes of 3/7/2024
March 11th, 2024
Town of Carroll Planning Board
Meeting Minutes
March 7, 2024
5:00 PM
“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 RSA 91-A:2.”
Planning Board Members Present: Chairperson Alex Foti; Austin Alvarez, Rena Vecchio, Jules Marquis, Selectmen’s Representative; Ryan Peffer, Paula Murphy, Alternate; Tom Godfrey
Public Present: David Scalley; Joan Karpf; and Jeff Duncan, Fire Chief
Minutes Taken By: Judy Ramsdell
Item 1: The meeting was called to order by Chairperson Foti at 5:00 p.m.
Item 2: Pledge of Allegiance
Item 3: Attendance Taken; Quorum Met
Item 4: Approval of February 1, 2024 Minutes
A motion was made by Austin Alvarez to approve the February 1, 2024 Planning Board Meeting Minutes. Jules Marquis seconded the motion. Six members voted in favor, and Rena Vecchio abstained as she was not in attendance at the meeting. Motion passes.
Austin said at the last meeting we were supposed to review and approve the January 10th Public Hearing Meeting Minutes. Chair Foti said he will make a note to do that at our April meeting.
Item 5: Application: Echo Lake Phase II (Continued from May 4, June 1, July 6, August 3, September 7, October 5, November 2, December 7) tabled January and February while awaiting more information for the Planning Board – Tabled to 4/4/2024 Meeting
Application is tabled to the April 4, 2024 Meeting.
Item 6: David Scalley/Meredith Bussiere – Change Old Town Road portion of her property back to a private way
Dave Scalley attended the meeting on behalf of Meredith Bussiere, who could not make it tonight. Dave gave a letter to Chair Foti from Meredith giving him permission to speak on her behalf. Alex says as he recalls from the last meeting it was to rename the road. Dave said he has done some research and spoke with Franco Rossi at Cartographics and found out that Woods Road is not really the name of the road—it is a description of the road, which at some point was picked up as the road name probably from a logging operation. It is a common occurrence all around. Alex said at the last meeting it was noted that we already have a Woods Road, and we can’t have two Woods Road names. Alex said another question was what the mechanism is to make that happen. Dave said that NH RSA 231:133 deals with Names; Changes; and Signs for roads. The RSA states that “The governing body may change the name of any such street or highway at any time when in its judgement there is occasion for doing so. The governing body may change the name of a private street or highway when the name change is necessary to conform to the requirements of the enhanced 911 telecommunications system.” Dave said the issue with the name of the road needs to go through the Selectboard, and Dave has scheduled a meeting to address this with the Selectboard on March 19th.
Fire Chief Duncan said he thought after the last meeting that Meredith was looking to have that end up being a driveway off the end of Old Town Road. Has that changed? Franco suggested to Dave that the best way to do this was discuss it with the Fire Chief to have Jache’s property, the last property with an address on Old Town Road, even though it actually is on the side of the private road, to change that address to the new road name, whatever is decided for that. Chief Duncan said he understood from the last meeting that Meredith did not want that to be a road, and she doesn’t want her section to be a road. Jeff said he thought we were going to make Jache’s a driveway from the end of Old Town Road and gated beyond that. Dave said that should work.
Dave said in reference to the subdivision, there was a nine-cabin subdivision there. Dave did research some meeting minutes, but there were minutes that were missing. Dave just wants an update. Fire Chief Duncan may be able to help us out with this. Dave said there is a nine-cabin sub-division approved on 12/2/2004 and recorded on 1/5/2005 at the Registry. Dave’s question is if there was a limit when it had to be acted on before it becomes null and void? Dave said he believes we would have to adopt RSA 674:39 to be able to do that. Rena and Alex said they believe our zoning ordinance, or site plan regulations, has something about substantial work needing to be done within two years and then there is a five-year completion period.
Dave read Section IV of RSA 674:39 – Five Year Exemption: “Failure of a planning board to specify by regulation or as a condition of the sub-division plat or site plan approval what shall constitute “active and substantial development or building” shall entitle the subdivision plat or site plan approved by the planning board to the 5-year exemption described in paragraph I.” Alex said if she decides to continue with that, she will have to come back to the planning board with the same application. Dave said she already has the site plans and all that approved by the Planning Board. Alex said technically there is not anything approved because it has expired. Dave said in talking with Franco, he said if it is recorded then it just has to be updated. Alex said from a planning board perspective, we would still need an application.
Item 7: Voluntary Lot Merger – 16 Michael Way, LLC – Application to Merge Map/Lot 207-020-014-016 (1.09 acres) with Map/Lot 207-020-509-000 (6.5 acres)
This is just a formality and the Application and Notice of Voluntary Merger Pursuant to RSA 674:39-a needs to be signed. Chair Foti signed the Application and Notice of Voluntary Merger for property owned by 16 Michael Way LLC for Map/Lot 207-020-014-016 (1.09 acres) and Map/Lot 207/020-509-000 (6.5 acres).
Item 8: Master Plan Kick Off Meeting with Kaela Tavares and Taylor Roy from North Country Council
This has been rescheduled to the April 4, 2024 meeting.
Item 9: BWPOA Collection/Storage/Transfer Facility – Update to provide the Planning Board with the latest Site Plan for the Facility
Austin Alvarez recused himself from the Planning Board, and joined the audience. Alex wants to bring the Board up to date with where they stand with the facility. Alex distributed copies of what was approved by the Planning Board on May 4th, along with some excerpts.
Austin said yesterday we received approval from the State DOT on the driveway permit, which was submitted to them on July 11th. We also got approval from DES on January 31st so we now have the state approvals so the BWPOA Board had a meeting on Tuesday, and the Board felt we should come back to the Planning Board and reiterate what has been done and see if there are any questions. Alex asked has the plan substantially changed? Austin said If you look at the April 11th version you will see the plan, which Austin has large-scales drawings of as well. On sheet 3 of the 4/11/23 version that was what the planning board approved last May. If you look at the other set, the things that have changed are: We needed a geodesic location, which was added. On sheet 4, which is the 10/10/23 version of the site plan, shows that we can fit at least eight cars, actually fit more than 8 cars. This was the big hang up because the State was concerned that traffic would back up on Route 302. This has never been a problem at the existing facility. We had to hire a traffic engineer so it took a while. By 10/24/23 the traffic engineer did calculations, and it shows that we can fit eight cars. Austin said we also widened the driveway so we can have two lanes of traffic, and the state likes that because if we only have two or three in line it allows us to have a passing lane. Keeps traffic off the access road. Regarding the naming of the road, we put in a request to rename it BW Service Road. Austin has discussed this with the Fire Chief. Chief Duncan said we are waiting on the document Austin got yesterday then they can bring it to the Selectboard. The Fire Chief has no objection. Austin said the approval was sent to the Town and to the landowner, Omni. Austin thinks we are covered. The only other change made was that they asked for turning movements so on sheet 6 you can see the turning movements. Austin left a full-size copy of the plans.
Paula Murphy asked if this is a transfer station? Austin said that it is a Collection/Storage/ and Transfer station but only for residents of the Bretton Woods community, currently you have to be BWPOA members to use the new facility. There are three non-member associations, which BWPOA is in the process of negotiating with them to use the facility. Are you going to offer recycling and co-mingled trash? It is not co-mingled. It is two separate dumpsters, one for recycling and one for household trash. That is what is specified on the permit from DES. What kind of receptacles are used? They are in compacting dumpsters so there is no debris. It is a really good system, and what we have right now. It is completely enclosed and covered. Nothing outside of the dumpsters. Bear-proof. The current system is where the old sports club was on the west side of the sports club. It is very clean, but the problem is the current facility is not manned and the state requires the new facility to be manned. They are letting us use the existing facility until we get the new one up and running. How often will Casella come and empty? The most they ever come is 4x a month. We have records from the existing facility, and it is between 1 to 4 times a month for the recyclables or trash. They do it like 5:30 a.m. before anyone is around. Austin said people from BW can use the town facility when it is open on Tuesday, Thursdays and Sundays. The new facility will be open: Monday, Wednesday, Friday, Saturday and Sunday so Bretton Woods is covered for the week. The only difference is the time on Mondays, Wednesday, and Fridays, we are going to be open 9am to 1pm and on Saturdays and Sundays 9am to 3pm, 24 hours a week and the town is open 19 hours a week. How are they going to identify who can use the facility? They will have hang tags and each member/unit is going to be able to have two hang tags. Can a cleaning company use a hang tag? It is up to the owner if they want to give them a tag. The owners will be responsible for the tags, and if they lose the tags there will be a replacement fee. The new facility will be monitored by a certified attendant who must go through state training. The facility is going to have cameras and lights. We have people who have violated at the current facility and contractor use it, which they are not allowed. Household trash and recyclables is all the permit allows for. It is a much better situation than what we have now.
Joan Karpf said a lot of the stuff that comes into the town transfer station is recyclable stuff, and from Joan’s understanding in previous years is the recyclables financially supports the transfer station so if they are not bringing their recyclables will there be an effect on the finances of the town transfer station? Chair Foti a facility for Bretton Woods owners already exists, which has been around for about 30 years. Austin said that there will be no effect. It might generate more business. These people will have to take their trash some place. The new facility is going to be monitored. Chief Duncan said he believes a lot of stuff that is brought to the town facility is from the Omni Mt. Washington. That will still be coming to the town. That won’t be coming to the new facility, as it is just for the residents/owners of Bretton Woods condos. Non-members who are not part of the BWPOA but are living or own out at Bretton Woods will only be able use the facility if they set up a contract.
Dave Scalley asked who are the property owners who aren’t BWPOA members. Austin said: Forest Cottages; Mt. Washington Homes, and Rosebrook are the non BWPOA members. Dave said what about Hartford Lane? Dave said their dues used to cover part of the trash. Austin said they are not a member of BWPOA. We have offered for them to join, but none of them have accepted. They use the existing facility now as they have a contract with Omni, but Omni is out of the business. Omni manages it currently and all of Bretton Woods pays Omni. Omni tacks on an administrative fee for that as well. Can Hartford Lane residents join if they choose? Austin said they would have to set up a contract with BWPOA.
Does Austin need to do anything else? Alex said technically it is a minor site plan. Austin said they want to be in the new facility by July 1st. Alex suggested the cleanest thing to do would be come in April with the updated plans and a minor site plan application. Alex suggested that Austin get an application form to Crystal. We will need to hold a public hearing. Alex said that this plan has been approved already by the planning board and now there are some changes so that is why he needs to come back. It still needs to be advertised, and there must be a site plan. He is making a minor change to a minor site plan that was already approved. Alex will check with NHMA. Alex said he thinks it needs to go through the process because of the changes to the shoulder, double lane, and additional parking for the cars. Rena asked how this was different from Echo Lake? Alex said this was already an approved plan by the Board. Echo Lake has not had an approval. Alex said an abutter could come in and say this is not the plan that I saw that was approved by the Board.
Austin Alvarez rejoined the Board.
Item 10: Wetlands Permit by Notification – Review for Driveway – Map/Lot 418-070-000-011
No one was in attendance for this item. Alex said it is Ryan and Jennifer Coate who are submitting this. We are not sure what this, and can’t do anything with it as no one is here to present it and explain it. Joan Karpf said if it is off Lennon Road, there was a concern that the culvert that was put in was too small.
Item 11: All Other Business
Dave asked who is handling the planning board business? Alex said he knows we are advertising for the position. Dave said the last time this happened he would come in every day and work with the Selectmen’s Administrative Assistant to review the planning board emails and correspondence. They were calling Dave last time about this. Is Alex or one of the selectmen going to handle these? Alex said we can have Jules discuss with the selectboard who is going to handle this. Since the next meeting is not until March 19th, Dave will call and speak with Bonnie about an interim plan so someone can answer the emails.
Chair Foti said that the next meeting will be the kick-off for the Master Plan. Austin said he spoke with Corinne today and North Country Council is going to give us hard copies of their document next week. They cancelled for tonight but will be here in April.
Dave said while he was doing research he found in the 12/19/2006 planning board minutes reference to Section 802 Zoning & Building Permit of the Zoning Ordinance, Under A-2: For home construction all new or altered structures except: #9: “Interior improvements that do not increase the footprint of the building and do not increase the value of the structure by more than 25%.”. The minutes said that when it was voted on previously the approval was not valid as worded and found not legal and should be deleted.
Dave said he knows that there was a letter that went out from Jeff and Bonnie about some corrections we are doing. Joan Karpf noted that the Zoning Ordinance was amended and voted on again in March of 2019 and that item was included in that vote and approved. The whole ordinance got put forward again in 2019 before the voters and voted on then. Alex said it is something we can consider for next year. Dave said his point is that it was an item for discussion back in 2006. Is Dave saying it is not legal in the state? That is another story. Dave said you can get different opinions from different attorneys.
Joan Karpf: The kennel is still not in our ordinance as to where it is to be placed. Is that something the planning board is going to do? Alex will add it to his list for next year. It would have to be voted on by the town.
Tom Godfrey said he would be happy to be an alternate. He will need to be renominated and sworn in.
Item 12: Adjourn Meeting
Austin Alvarez made a motion to adjourn the meeting at 5:52 p.m. Motion seconded by Jules Marquis. The meeting adjourned at 5:52 p.m.