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Minutes of 8/1/2019

August 2nd, 2019

Carroll Planning Board

August 1, 2019

6:15 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.

PLBD Members Present: Chairman Alex Foti, Selectmen’s Representative, Bonnie Moroney, Donna Foster, Mike Finn and Terry Penner

Public Present: None

Chairman Foti opened the meeting. He stated that the board members were meeting before the regularly scheduled meeting to go over legal advice.
Chairman Foti made a motion to go into non-public. Bonnie Moroney seconded and the motion passed unanimously.

At 6:50, Chairman Foti made a motion to come out of non-public and to seal the minutes of the meeting. Bonnie Moroney seconded and the motion was unanimously in favor.

7:00 PM

Members of the Public: Cathy Conway/Horizons Engineering, Donald Blajda/Koal PLLC/Echo Lake Motel, Mr. Washburn, Richard Gould, Gardner Kellogg, Andy Smith, Fire Chief Jeremy Oleson, Syed Nuruzzaman, David Sullivan, James Phillips and Melissa Burke

Minutes taken by: Rena Vecchio, Secretary

Pledge of Allegiance


Chairman Foti asked the board if they were ready to approve the minutes of July 9, 2019.
Donna Foster said she had said that on page 3, Ledgewood shared driveway, paragraph before motion to add: Donna Foster suggested that where the grade is greater that our regulations state, that the owners of the development shall inform the buyers that because of the grade, the emergency (fire and rescue) may not be able to reach the property in cases of bad weather, including heavy rains or snow and ice.
The secretary said she noticed that a word had been left out on page 6, first line of the motion, to read: Mike Hogan made a motion to accept the Site Plan application ……. (the word application had been left out).
Bonnie Moroney made a motion to approve the minutes of July 9, 2019 as corrected. Mike Finn seconded and the motion was passed with 4 ayes and the Chairman abstained as he was not at the meeting.


This is a Re-subdivision because the approved map for the subdivision that was recorded will have a change in driveways. Because it is a

Chairman Foti said that the application had been accepted in July with conditions:
1. There will be maps showing the Lot 5 driveway will come off of the proposed extension of Beechwood Drive and not the driveway proposed tonight & owners should be notified of this
2. This driveway only services Lots 6 and 11
3. They would need a waiver on the grade of the driveway
Maps were handed out by Gardner Kellogg. Gardner said these maps show the road extended past the cul-du-sac to give Lot 5 it own driveway from Beechwood Drive.
The Chairman said it looked like the proposed driveway also led into Lot 20. Gardner said tonight they are only looking to access Lots 6 nd 11. Bonnie Moroney, representative from the Select Board, said that no access to Lot 20 will be allowed. There can only be two lots off of the one driveway.
The Chairman said the next issue would be the waiver on the grade. Andy Smith said they are looking for a waiver from the planning board. The secretary handed out a copy of the required waiver to the applicant and public. She said this was from the subdivision regulations and had been discussed at the July meeting. (A hard copy of the waiver requirements will be attached to the minutes in the office.)
Do to misunderstandings on the applicants part, there was no written waiver for the board. The board said to write it now.
While they were waiting Fire Chief, Jeremy Oleson said:
• Jeremy said that he had told the applicant and those helping him how the turnaround for the fire and rescue vehicles was to be done. When he had gone up to inspect the turnaround, it was done the way they had wanted it, not the way he had asked for it. He said this was not typical of the way things should be done. They now had to back up in order to gone down.
• Jeremy said he is not trying to cause problems. He has a job to do. If this had been done in a timely fashion things could have been much easier. Andy Smith agreed that Jeremy was given short notice but he thought they had given a good turnaround. He said the vehicles can go back and forth or they can back up. Jeremy said he will not accept this in the future.
• Mr. Richard Gould said that they thought there was sufficient space to turn around but they may have made a mistake. That’s why Jeremy was after the fact. They wouldn’t have accepted it themselves if they didn’t think it would work.
• Jeremy said the next issue is the fire hydrant. It will take them 30 days to replace it. He said they have talked about this for 5 years. He said now that there new houses being built, it is a must. Jeremy said there is a standard the NFPA #1142. That is the standard to go by.
The Chair said the issue also is the waiver.
• Jeremy said they need to have more of a radius on the corners. Mr. Gould said they were working on that.
• Donna Foster asked if this was a dirt road? Mr. Gould said it will be gravel.
• Mike Finn asked if the turnaround could be modified to make things easier for the rescue vehicles now. Jeremy said its fine because it is done. But he does not want this to be done like this again. Andy Smith felt they had already accommodated the needs for the rescue vehicles.
• Jeremy said he wanted in the future the hammerheads, cul-du-sacs and/or turnarounds to be done on paper.

From the Carroll Subdivision Regulations--Waivers
The bases for a waiver or modification granted by the Board shall be recorded in the minutes of the Board. Pursuant to RSA 674:26 II.(n)the Board may only grant a waiver or modification of these regulations if the Board finds, by majority vote, that:
1. Strict conformity would pose an unnecessary hardship to the applicant and waiver would not be contrary to the spirit and intent of the regulations; or
2. Specific circumstances relative to the subdivision, or conditions of the land is such subdivision, indicate that the waiver will properly carry out the spirit and intent of the regulations.
All written requests for waiver or modification of these regulations shall address items 1. and/or 2 above , depending on which criteria are being relied upon to justify the request.
The Chair asked the applicant what the reason was the reason for the waiver. Andy Smith answered and said it was the topography of the land. The grad will be a little above the allowed 12% in a short portion of the driveway. He lives in this subdivision and has never had a problem with his driveway. Chairman Foti said that addresses #2 of the waiver requirements.
The Chair asked if there was not another way to put the driveway. Gardner Kellogg, surveyor, said it really is the best way for the driveway. He said if it was put elsewhere the grad would be greater. Chairman Foti said that addresses #1 of the requirements.
The Chairman asked if there were any questions from the board or public. There was none.
Terry Penner said he had driven up the driveway after the rain storm and there was no denigration of the driveway that he could see.
Chairman Foti made a motion to approve the Waiver for the Ledgewood Re-subdivision on the 12% grad of the driveway accessing Lots 6 & 11. Mike Finn seconded and the motion passed unanimously.
Next the board needs to address the approval of the application. The Chair asked the public and the board is there were any concerns. There were none.
Chairman Foti made a motion to approve a Re-subdivision of Ledgewood for a shared driveway, Lot 416-011-006-0C6 & Lot 416-011-011-C11, Route 302 W, Twin Mountain, NH, with these conditions:
1. That the dry hydrant needs to be repaired within 30 days according to NFOA #1142.
2. That residents or buyers will be made aware that fire and rescue vehicles may not be able to reach the property due to the grad of the driveway.
Bonnie Moroney seconded and the motion passed with a unanimous vote.

Map 206-058-000-001 Map 206-058-002-003 Map 206-058-003-004
Map 206-058-004-005 Map 206-058-005-006 Map 206-058-006-007
Map 206-058-007-009 Map 206-058-008-008 Map 206-058-009-ORD

Chairman Foti said that Echo Lake Subdivision/Syed Nuruzzaman had been notified in February 2019 to come before the Planning Board for a show of cause. The original subdivision had been approved in 2005. In 2017 they had come before the board again for changes. Last month they were in front of the board and a discussion of changing from 2/2bedroom duplexes to 2/4bedroom duplexes do not fall under our jurisdiction because they never had to come before the board for a site plan in 2017, it should have been a re-subdivision application. Also discussed last month was a 3rd Party Review for Solar Spring Road and any other road that was there. The board would need to put in to the Dufresne Group the number of people that could possibly be there at any time. Both the engineer and the Dufresne Group would be at the cost of the applicant. The Chair said they need to see if the applicant is moving forward. Cathy Conway, Horizons Engineering, said they are just waiting to get a bond but they need to find the costs of the Engineer for the road and the cost for Dufresne Group. The secretary said she had contacted NorthPoint Engineering and they will be in town tomorrow. She said she was waiting to hear back about the easement for the water main and the Dufresne Group.
Andrew Sullivan, Counsel for MR. Nuruzzaman, said he just wanted to go over things again.
• That in 2017 Mr. Nuruzzaman never had to come back for a Site Plan (should have been a re-subdivision or amendment to the subdivision)
• The Board had no say on number of bedrooms (correct)
• They need an easement for the water main because it is on someone else’s property (The answer was yes)
• So what Mr. Nuruzzaman is looking for is a 3rd Party Review on Solar Spring Road and the water lines and an easement for the water main.
Bonnie Moroney said they had found in a deed that the easement was in that but they can find no paperwork or maps to back that up. They are looking into that now. Mr. Sullivan asked if there was any problem with the subdivision approved in 2005. The secretary said she was the one that talked to the lawyer. The subdivision was approved in 2005. The road was put in and a home and possibly another foundation for a home. Twelve years later Mr. Nuruzzaman bought it and came to the board to change the housing and wells to town water. We asked for a Site Plan because that is what we thought we were supposed to do. Honest mistake. He was approved for the changes. His engineer at the time from Horizons was supposed to bring in the completed plans. We never saw or heard from him again. So in February 2019, with Counsels approval, the board sent the letter for Show of Cause. That is why we are here.
• Lot 7 is what they are going to be working on first. That is one of the original foundations that were put in. They have a designed septic system for 8 bedrooms.
• Fire Chief Jeremy Oleson said he is all set now
• Mike Finn wanted to know if this was a 3 year project. Syed said 2 to 3 years maximum. He is ready now. Waiting for the approval and bonding to move forward. He will have a round duplex first and once he has approval it will take approximately 2 months to build.
There were no other questions or comments.


Chairman Foti said that on July 9, 2019, the application for Echo Lake Motel was accepted as complete with conditions. He went over these.
Cathy Conway, Horizons Engineering handed out revised maps for the motel.
• On C-2 of the maps, you can see where they have added the fencing around Nicole Nutting’s, Pam Walsh’s and Joan Karpf’s properties.
• They have taken down the Annex building and have decided to build a 60 room hotel with a managers apartment
• They still have 106 parking spaces
• They have changed the water pipe from 6” to 8”.
• Need an Alteration of Terrain Permit
• Need a DOT Driveway Permit—trying to make front driveway not as steep
• Have an infiltration pool in the front
• Need DES septic permits
Don Blajda/Koal PLLC has been working on this for 3 years. We have been going back and forth on renovating or building new. They are trying to build a motel that looks nice, is cost effective and is good for the community. He said he knows it is hard for the board when plans keep changing,
Fire Chief Oleson said this is the first time he is seeing the new plans. He said he does not believe they have the right radius and is there a fire lane? Cathy says they do have a turning radius and they would be happy to show him. She believes the parking is about the same. But they are willing to work with him. Don asked what he meant by fire lane and he had plenty of space with the cars parked he felt. Cathy said she should put radii on separate plan.
The Chair asked if there were any other questions or comments.
• Donna Foster asked about the gate on the back driveway onto Airport Road. The Fire Chief and board felt that was not a reasonable request.
• Mike Finn asked if the function had been enlarged. Don said no they moved the staircase over.
Chairman Foti made a motion to approve the application for a Site Plan for Echo Lake Motel/Syed Nuruzzaman, Map 206 Lot 054-000-003, 233 Route 3 S, Twin Mountain, NH, to construct a new 62 room motel that includes a function room and a managers apartment with these conditions:
1. The Dufresne Group needs to look and calculate the water usage for a 62 room motel including the function room and managers apartment with applicant bearing the cost.
2. That the water line will start at the Echo Lake Sub-division and loop around to the motel
3. That the Fire Chief will look at the plans provided tonight and will approve before any permits from the town will be given
4. There will be a Performance Bond required (utilities, driveway, water lines, etc)
5. All state approvals are in, including but not limited to; Alteration of Terrain, Dot Driveway permit, DES Septic Approval permits
6. The Select Board will approve the water plan
7. Private property signs will be put on Nicole Nutting’s, Pam Walsh’s and Joan Karfp’s fences
8. The new driveway in the front will go for a 3rd Party Review also with applicant bearing the cost
Bonnie Moroney seconded and the motion passed unanimously.


Cathy Conway, Horizons Engineering, brought in the application for Boulder Mountain View/James Burke and Melissa Burke. She went thru the Submission Requirements. There will be a copy of the submission requirements attached to the hard copy of minutes in the office.
She introduced James Phillips and Melissa Burke. The plan is to demolish 10 cabins and put in 9 RV park models.

Chairman Foti made a motion to accept the Site Plan application for Boulder Mountain View (Boulder Motor Court), Map 418-001-000-000, 5 Harmony Road, Twin Mountain, NH as complete. Bonnie Moroney seconded and the motion passed unanimously.

Questions from the board:
• Mike Finn asked how old the buildings were. Mr. Phillips said they were built in 1960.
• Donna Foster asked if they were going to be on foundations. Mr. Phillips said they plan on installing concrete slabs. They will leave the wheels on and will place skirting around the building and will insulate.
• Bonnie Moroney wanted to know if they planned on replacing the cabins all at once. They said they plan on doing 5 cabins by the November and then the Carriage House in the spring. They will see how they are doing before they carry on.
• Donna wanted to know if the building were ready for this type of winter. James Phillips said that they are very tight. They are log cabins so they will not be as warm as a stick building. 31 R value on ceiling and 19-20 R value on floors
• Terry Penner asked if they had porches and if they were going to be year round rentals. Mr. Phillips said some do come with porches. There will be no long term rentals. They would like to do seasonal rentals for the winter.
Chairman Foti said we will see you in September.

At the June meeting the board had gone over Posting of Notices, 90 Day Show of Cause and Rules of Procedure. They had agreed on 2 and had asked to get clarification of the Notice of Posting. So even though they had agreed on 2, they had not actually taken a vote.

Chairman Foti read the noticed 90 Day Show of Cause. Chairman Foti made motion to approve the new regulation for Site Plan’s, Subdivision’s and Rules of Procedure for the 90 Day Show of Cause. Bonnie Moroney seconded and the motion passed unanimously.

Chairman Foti read the Rules of Procedure, Chairman Foti made a motion to approve the noticed changes in the Rules of Procedure. Bonnie Moroney seconded and the motion unanimously passed.

Mike Finn made a motion to adjourn. Bonnie Moroney seconded and the motion passed unanimously. The meeting ended at 9:40.