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Minutes of Town Board Meetings

Minutes of 5/4/2017

May 15th, 2017

Carroll Planning Board

Public Hearing Minutes

May 4, 2017

7:00 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 RSAS 91-A: 2.

Members Present: Chairman Ken Mills, Richard Krapf, Bonnie Moroney, Selectman’s Representative Brian Mycko, Michael Hogan, Donna Foster and Karen Saffian

Members of the Public: Ashley Thompson, Warrick Dawson, Evan Karpf, Town Counsel, Jae Whitelaw, Jason & Mary Sullivan, Gardner Kellogg, Jeremy Oleson, Gary Venderville, Tom Varney, Joe & Lisa Trainor, Counsel for the Trainor’s, Jason Bielagus, Len Wood, Tyler Phillips, Michael & Donna Matz and Robert and Judy O’Leary

Minutes taken by: Rena Vecchio, Secretary

Pledge of Allegiance: 7:00 PM

APPROVAL OF MINUTES

Michael Hogan made a motion to: approve the minutes of May 4, 2017. Brian Myko seconded and the motion passed with 5 ayes and 1 abstention as Donna Foster was not at the April meeting. Chairman Ken Mills wanted it noted that on the minutes of April 6th, page 4, 3rd paragraph, 8th sentence, beginning with, “Joe asked for any additional …..” to be changed to read “Jae asked for any additional….”

SITE PLAN REVIEW FOR BIRCHWOOD COMMONS/EVAN KARPF

The Chair said we have an application before the board for a Site Plan Review for Birchwood Commons, LLC/Evan Karpf. The purpose of the Site Plan is to put Light Manufacturing in the old bowling alley. He asked the secretary if all fees had been paid, public and abutter notices were sent out. The answer was yes. The Chair then said it was time to move to the Submission Requirements (page
2 of the application):
W for Waiver X for Completed N/A for Not Applicable

• Four paper prints …… (N/A There are no changes, no plan)
• Identify title (N/A same)
• Name and address of applicant (X On the application)
• Name, number and signed seal of surveyor (N/A did not need maps/mylar)
• Date of plan (N/A No plan)
• Scale (N/A No plan)
• North Arrow (N/A No plan)
• Property lines with bearings, distances, monument…. (N/A)
• Total acreage (X 2.46 as indicated)
• Names of abutters (X attached to application)
• Existing structures, roads, landscaping, and other man-made features…. (X as is )
• Location of all buildings on abutting properties within 50 feet of property (X)
• Location of existing and proposed property deed restrictions, easements, covenants (N/A no changes)
• Location of existing and proposed grades (X)
• Existing and proposed drainage systems and structures (X)
• Storm drainage plan, including where necessary; plans for the retention and slow release of storm water including the location, elevation and site of all catch basins, dry wells, drainage ditches, swales, culverts, retention basins, and storm sewer. Plans for snow removal and storage should be indicated. Engineering calculations by a Professional Engineer should be provided. Direction of flow should be indicated with arrows. (N/A no change)
• Natural features such as streams, marshes, lakes or ponds, types of vegetation and ledge outcrops (indicate what will be retained, altered or removed (N/A no change)
• 100 year flood plan elevation line and location of any wetlands (N/A nothing close)
• For on-site sewage disposal, a soils map and NH Water Supply and Pollution Control Division Permit (X state approvals)
• Size and proposed provisions for water supply and sewage facilities and provisions for future expansion (X)
• Proposed provisions for fire protection (X)
• Architectural drawings showing the shape, size of all proposed landscaping and screening (X)
• Location, type and size of all proposed landscaping and screening (X)
• If on-site water or sewer facilities are planned, show distance from proposed facilities to all existing facilities or on abutting properties to a distance of 200 feet (N/A)
• Proposed signs (X)
• Exterior lighting plan (X)
• Proposed signs including advertising and signs (X)
• Proposed streets, driveways, etc (X)
• Location and dimensions of loading spaces and facilities associated with the structure or uses of the site (X)
• Circulation of plan of the interior of the lot for vehicular and pedestrian circulation, also showing means of access and egress, proposed changes to existing public streets, sidewalks, and curbs, including any traffic control devices or signs necessary (X)
• Detailed construction drawings including, but not limited to typical sections of pavements, walks, steps curbing and drainage structures by a Professional Engineer (N/A)
• Vicinity sketch at 1’ = 400’ showing the location of the size in relation to the surrounding public streets system and the zoning districts and boundaries for the site (X)
• A soils classification map, together with descriptive information for each type of soil (required for on-site sewage disposal only) (X)
• Provisions for solid waste disposal and collection (X)
• The location of all existing and proposed deed restrictions, easements, covenants, etc (N/A)
• The location of visual and noise reduction barriers, if any (N/A)
• Copies of all applicable State approvals and permits (X)
• Review by the Carroll Fire Chief and Road Agent (X)
• Any other additional information specifically requested by the PLBD (X)

The Chair said he would entertain a motion. Brian Mycko made a motion to accept the application as complete for a Site Plan Review from Birchwood Commons, LLC/Evan Karpf, 491 Route 3 South, Twin Mountain, NH, Map 206, Lot 73-1. Bonnie Moroney seconded and the motion passed unanimously.

Michael Hogan said that this business was in the R-B district and they do not allow “light manufacturing.” He asked if Evan planned on going to the Zoning Board for a Special Exception. Evan told the board he was going to the next meeting, in one week.
Evan introduced the owners of Wozz, Ashley Thompson and Warrick Dawson. They provide high quality specialty foods as condiments, dressings, sauces, vinegars, chutneys and savory spreads. They use local ingredients from small farms. They have been awarded the NYC Fancy Food Show sofi GOLD 4 times in the past 3 years, have won the Yankee Magazine Editor’s Choice Award and have been on the Today Show.

Evan went on to say:
• Clean, quality, low hazard business
• They are boiling a product, jarring, doing packaging and labeling
• There is no noise. Once a week a truck will come in.
• No bad smells
• Met with NH Department of Health and had to give them a design of the kitchen, 4000 square feet. In the back wall they will be putting in a roll-up door so that the equipment can be brought in and for deliveries and movement of product.
• The parking for a business in the ZO is one parking space for each employee. Right now there are 2 employees.
• 2 bathrooms, 1 male, 1 female, for the entire building
• Hours /1 day, 12 hours right now for manufacturing
• 9-5 hours for normal business hours they are shooting for
• There is no need for a sprinkler or suppression system
• If anything changes, Evan said he would come before the board
• They have a licensed electrician and plumber everything will be up to code- not sure what heat source will be yet
• There will be no expansion of the footprint of the building, just the inside of the building/ redesigning
• No sales or retail in the building now for this business

Fire Chief Jeremy Oleson said:
• They are working thru things like lighting for fire safety in industrial working space
• That area will need a “2 hour rating” and rated fire doors
• They need to get a “knox box” in order to get into the building if needed
• Things are starting to get a little dicey now with retail, industry and an upstairs apartment
• There are 2 stairs to get out, the interior stairs are metal and the exterior stairs are wooden (for the apartment)
• There needs to be a “notification” for the apartment upstairs

Bonnie Moroney made a motion to: approve the Site Plan Review Application from Birchwood Common’s, LLC/Evan Karpf, 491 Route 3 South, Twin Mountain, NH, Map 206, Lot 73-1 with these conditions:
• They must comply with all requirements and requests of the Fire Chief
• This approval is pending on the approval for a Special Exception from the Zoning Board
Brian Mycko seconded and the motion passed unanimously.

CONTINUATION OF BEECH HILL CAMPGROUND/SULLYVILLE, LLC SITE PLAN REVIEW

Chairman Mills said we left off last month on the Site Plan Review for Sullyvill, LLC with a discussion on which Site Plan Review Regulations were the current regulations. Our town Counsel found that that the regulations dated December 6, 2012 were never approved. The minutes of December 2012 thru April 2014 proved that. Therefore the regulations from 1993 were the current Site Plan Regulations that were to be used. These are the same regulations that were on the town web site and from what he understood, were the plans that the applicant and abutter’s had been using.

The Chair said with that settled and everyone using the same regulations, he wanted the board to move forward with the Sullyville, LLC Site Plan by reviewing the application again.

(W) Waiver (X) Completed (N/A) Not Applicable

• Four paper prints (X)
• Identifying Title (X)
• Name and address of applicant (X)
• Name, number and signed seal of surveyor/engineer (X)
• Date of plan (X)
• Scale (X)
• North arrow (X)
• Property lines with bearings, distances, monuments (X)
• Total acreage (square footage of lots) (X)
• Names of all abutters (X)
• Existing structures, roads, landscaping, and other man made features….. (X)
• Location of all buildings, on abutting properties within 50 feet of property and location of all intersecting roads or driveways within 200 feet of property lines (X)
• Location of existing and proposed property deed restrictions, easements, covenants, etc. (X)
• Existing and proposed grades……. (X)
• Existing and proposed drainage systems and structures (N/A) (soils drain well, road soils drain well)
• Storm drainage plan……..(N/A)(soils drain well, not open in winter so no snow removal)
• Natural features such as streams, marshes, lakes or ponds, types of vegetation, and ledge outcrops…..(N/A)
• 100 year flood elevation line and location of any wetlands (N/A)(not in flood zone)
• For onsite sewage disposal, a soils map and NH Water Supply & Pollution Control Division permit (X)
• Size and proposed location of water supply and sewage facilities and provisions for future expansion (X)
• If onsite water and sewer facilities are planned, show distance from proposed facilities to all existing facilities on site or on abutting properties to a distance of 200 feet (X)
• Proposed provisions for fire protection (X)
• Architectural drawings showing the shape, size, height and other exterior details of proposed structures or expansion of existing buildings (N/A)(campsites and hook-ups only)
• Location, type and size of all proposed landscaping and screening (X)
• Exterior lighting plan (N/A)(not adding any lighting)
• Proposed signs…..((X)
• Proposed streets, driveways, parking spaces and sidewalks…..(N/A)(campground, not adding streets or driveways-parking is in the designated campsite)
• Location and dimensions of loading spaces and facilities associated with the structures or uses of the site (N/A)(there are none)
• Circulation plan of the interior of the lot for vehicular and pedestrian circulation, also showing means of access and egress, proposed changes to the existing public streets, sidewalks and curbs, including any traffic control devices or signs necessary (X)
• Detailed construction drawings including but not limited to typical sections of pavements, walks, steps, curbing, and drainage structures by a Professional Engineer (X)
• Vicinity sketch…..(X)
• A soils classification map, together with descriptive information for each type of soil (X)(4 soils shown)
• Provisions for solid waste disposal and collections (X)
• The location of all existing and proposed deed restrictions, easements, covenants, etc (N/A)(easement for power line only)
• The location of visual and noise reduction barriers, if any (X)
• Copies of all applicable State approvals and permits (X)(Ken spoke with the road agent and he was fine with all-not town roads)

Brian Mycko made a motion to: accept the review of the Site Plan Application for Sullyville, LLC/Beech Hill Campground, as complete. Bonnie Moroney seconded and the motion passed unanimously.

Chairman Mills opened the meeting to a Public Hearing with the board going thru things first
The chair is going thru the letter/questions from Horizons Engineering, Tyler Phillips that was submitted January 23, 2017.
Article V Section B, Site Plan Regulations:
• Proposed topography – 2 ft contour intervals (displayed on map)
• Wetland and streams (displayed on map)
• Vegetation to be retained vs. that to be cut (will be addressed tonight)
• Zoning districts (shown on map)
• Leach fields-including existing (shown)
• Abutters wells if within 200 ft of the subject parcel (yes-shown)
• Engineering design for water and fire system (water system existing and fire chief ok now with no extra fire protection)
• Proposed landscaping and screening (discussed)
• Exterior lighting plan-if any lighting is planned (no extra lighting)
• Storm drainage plan and calculations (discussed)
• Traffic circulation and parking plan (talked about)
• Road design with curve radii and provision for emergency vehicle access (fire chief will discuss)
• Building setbacks (No buildings proposed)
• Soils map
• Visual and noise reduction barriers (discussed)
• Copies of all applicable state approvals and permits or an indication that non are needed (have)
Article II, Site Plan Regulations:
• Copy of alteration of terrain permit application (Ken said he called DES on this-talked to a Mrs. Andrew-she said the permit is needed when:
1. Has to be contiguous land mass
2. Stumping vs. non-stumping
3. Will involve 100,000 or more square feet
• Determination of need for local Subdivision approval for the structures onsite that meet the definition of dwelling units (not a subdivision)
• Copy of current DOT permit demonstrating that the current DOT permit is adequate for the present and type and intensity of use (state issue)
(Jae told the board that their regulations required the permit for access of what is permitted)
• Revision of state subdivision approval to correct an apparent error indication that the entire site is comprised of Type 1 soils (shows 4 types on map)(Jae says needs to be corrected so both the state approval matches map details)
• Confirmation from NH DES Groundwater Protection Bureau that the application for Non- Domestic Wastewater Discharge is still valid given proposed expansion, proximity to abutters, and that the campground continues to avoid excessive discharges of formaldehyde into the groundwater table (seems redundant)
• Whether RV’s will remain onsite when the campground is closed (per a RSA)
• Provisions for limiting excessive smoke and particulate travel from the campground campfires onto abutting properties (will be discussed)
• How noise from generators will be mitigated (haven’t heard about generators)

The Chairman has opened the Public Hearing for public comments.

Tyler Phillips:
• Told the board their regulations on pages 6 thru 10 are things the Site Plan require. They are under section V (done in application), VI and in section VIII items that are not deemed “Complete” either require a written waiver by the applicant or a majority vote by the board for all or partial items. Jae told the board that if the applications write for a waiver and explain why N/A, then the board will not be in violation of the regulations. She said that Section V. is to see whether the application is complete or not, Sections VI. Are the standards after the application is deemed complete? This is where the waivers should come in. This was not written very clearly in the regulations.

Section VI. Site Plan Regulations (page 8-10)
• A. Improvement……..
1. Parking Spaces—no parking spaces as parking is in campsite—request waiver
• B. Landscaping and screening……..
1. Large parking……no parking spaces as parking is in campsite—request waiver
2. Buffer Zone ……leaving 20’ buffer zone around campground—on the plan
• C. Storm Drainage…….request waiver
• D. For Sites within flood plain……not in flood plain—request waiver
• E. Snow Storage……not open, no snow storage—request waiver
• F. Utilities……complete
• G. Outdoor Lighting…..no lighting—request waiver
• H. Natural Features…leaving trees and shrubs between sites…complete
• I. Requirements met for Z.O. & Subdivision Regulations…..complete
• J. Construction requirements be in accordance with TOC Road Design & Construction Standards…..complete
• K. PLBD may set more stringent requirements…..complete

Chair Mills opens the public hearing for public comments/questions, etc.
:
• Tyler Phillips asked if the grading on the plan shows the full extent of the grading to be done. What about the sites? Shows road grading but that is it. Need to see all topographical changes/contours. Could affect abutters.
• Jae commented that if the board feels this should have more information they can ask the applicants to show the grading and then the board can see if there are any impacts.
• Tom Varney, Engineer, said that the plans do not show the final grading. The Septic design plan shows some of the grading. But there could be final grading also.
• Jason Sullivan said that the Septic Design plan further illustrates the grading going on.
• T Phillips said they are two different plans but there should be one plan showing everything. One plan that the board votes on: proposed topography & existing topography, vegetation that is there, what will be cut, what will be left, wetlands and streams (know there are wetlands there but they are not shown) and it is up to board and applicant how to show these on the plan.
• Jason Bielagus, Attorney for the Trainer’s, said he would like to see the size of each campsite. It is not depicted on the plan. (Jason Sullivan said that he Campground RSA states the sites can be no smaller than 1000 feet.
• Brian Mycko says he thinks they are looking for a layering plan. Michael Hogan said he feels they have been cross-country camping. The sites are never level. He brings blocks for that
• Judith O’Leary says she does not see the scale either to see the sizing of sites.
• Len Wood says he has done extensive camping but cannot tell what sites are, how large, scale on plan?
• Jason Sullivan said they won’t know the size of the sites till they get in there and work the land. But there are no pull through’s and not all sites are the same size.
• Karen Saffian asked if there was any way the grading could be shown or written to show to what affect the finished drainage will have on the abutters without doing an entire engineering study.
• Tom Varney said that the storm water runoff is what Karen is talking about. He feels the septic design show the runoffs and the soils and it shows that the water will go right into the ground. You are looking at something more elaborate. He asked the Chair what they are reviewing as he has lost sight of that. Ken said the Site Plan Review is for 30 new sites.
• Ken said with that being said is this all necessary? To the regulations make us have to go further?
• T Phillips said that there are two plans, cannot hold up the two plans and be able to reconcile them. If you look at one plan all the water/runoff is directed onto the roadway and right into the Trainor’s property. These plans are elusive to determine their affect.
• Gary Venderville, owner of a campground, excavator, and campground builder, said that the soil in Beech Hill is excellent.
• Ken asked if the deed would be sufficient to answering some of this. Tyler wasn’t sure. Jason Bielagus said there are meets and bounds that have to be met and if the narrative description met those then it would be a possibility.
• Jason B wanted to know about parking. What if you had a large camper and were towing you may need to park you vehicle in another spot as not everything would fit there.
• Mike Hogan said it is the first thing that the campground asks when you call. They pick out a site that is big enough for you. Everything is parked on that site.
• Joe Trainor said he feels that each of these sites needs to show on the plan their size, available for a slide out, etc.
• Gary Venderville said campsites are all different and levels.
• T Phillips wanted to know about the Fire Codes and how they are being followed. The Chair said that is all under our Fire Chief and you can take those up with him.
• Jae said she is understanding that Tyler is saying the building of the campsites have specific regulations and requirements of the fire code. So there should be specific details showing or explaining what they suppose to do, what is be done, and what happens because of that. This all leads to a road map for anyone, even for further expansion.
• Mary Sullivan said they get fire permits every year. They go by the campground regulations, even for the wood they use. Comply by the Campground Regulations.

Tyler Phillips said he had 8 pages of items that needed to be addressed that pertained to the plan. The board voiced its opposition to having the 8 pages gone thru now at 10:00 PM. They felt some of the items mentioned already were out of their hands, like going over Fire Codes. They felt they had not had the chance to read over these items, had never seen them and couldn’t even read along with him. When the Chair asked to let the secretary copy them he said no, they were his notes. He said he would go over them quickly.
Tyler Phillips began his list of items that needed to be shown on the plan:
• Aquifer overlay zone
• Leach fields-he said they can demonstrate that they are against State regulations and have demonstrated, that some leach fields are too close together which violate State regs for nitrates setbacks-on the plan he feels that the plan needs to show the leach fields and not just print “leach field”-missing one leach field by site #78- should be surveyed
• Subdivision- plan only shows T1 soils, it is lacking the other types
• All abutter wells need to be shown within 200 feet
• Engineering design for water and fire (what are you using for water suppression)
• Landscaping & screening -note what you are adding and what is being left-buffering
• Exterior lighting plan
• Storm drainage plan - show all grading
• Turn around at end of road
• Parking places-traffic plan
• All parking for extra vehicles-remote?
• Campsites dimensions meet RSA
• Campsites gravel or grass
• Demonstrate how they comply with state regulations and requirements
• Road design and corners are tight need to see how fire trucks can make it on the road/turn around-illustrate
• TOC has road design & construction regs for subdivision
• Dead end roads
• Building setbacks are wrong-ZO 403 deals with corner lots and these do not meet them-must follow
• Soils map-no wetlands are shown but they know that there are wetlands and different soil types
• Visual and noise reduction areas-see something in place on plan-have serious concerns with this
• Waivers do not like the way the town approaches this
• Town requires 25 year storm plan-now seems like everything goes onto the Trainor’s property
• How are roads going to be addressed-how to retard erosion
• When were roads built-were they in the 2002 plan

The Chairman was trying to get Tyler to email the list of concerns to the secretary so that the board and applicants would have a chance to address them. He complained it was a burden for him to have to do. Tyler wants to go over everything tonight so that if there are questions they can answer them now. The Chair said we are losing the board. The board has been sitting for 3.5 hours and it is 10:30. Please email to the secretary one week from tonight. And we will continue this meeting.

Jae told the board that he is bringing up valid issues. She would like him to get a bullet list to the secretary. Applicants can explain what they did and what they didn’t do. This is the first night for the Site Plan Review. Everything else was different. She told the applicants to do the waivers for the board.
Taking the list from the abutters for the board and applicant to go over is by no means giving validity to that list over anything else. She said that this all comes down to there not being enough information. Later, the applicants may find they need a 3rd Party Review. Tyler still pushed for the peer review or 3rd party review. Ken said we will see where this goes and take it from there.

The next meeting, June 1st was discussed. Jae and Jason B would not be available. The meeting was decided to be held on Wednesday, May 31st.

Ken closed the Public Hearing until May 31st.

Ken said they needed to nominate an alternate to the board. Donna Foster made a motion to: nominate John Gardiner to the Planning Board for one year. Ken Mills seconded and the motion passed unanimously.

Michael Hogan made a motion to: adjourn. Brian Mycko seconded and the motion passed unanimously! The meeting ended at 11:10 PM.