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Minutes of 12/06/2007

December 14th, 2007

Carroll Planning Board
Meeting Minutes

December 6, 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 RSA 91-A:2."

Minutes taken by Susan Kraabel, Secretary Pro Tem

Board members present: Evan Karpf, Connie Oliver, Charlie Cohn, Ernie Temple, Rena Vecchio, Donna Foster, Bill Smalley

Members of the public present: Erik McMurray, Walter Elander, Edith Tucker, Alex McConnell, Matt Dieterich, Mike Brunetti, Chris Ellms, Rosemary Ellms, Chris Pappas, Judy Pappas, George Monahan, Bernie Waugh, Owen McQueeney, Joan Karpf, Andy Nadeau, Terry Penner, Judy Corso, Patrick Corso, Steve LaFrance, Dana Bisbee, Charles Adams, John Foster, Marcel Dionne, Chad Rowe, Michelle Penner

Meeting called to order at 7:00 PM

Pledge of Allegiance

Vice Chairman Evan Karpf declared a quorum was present.

The minutes from the November 14, 2007, meeting were reviewed, and Rena Vecchio asked that it be noted that she did not join the meeting until after the discussion ended about the Bruce Seymourian subdivision. She joined the meeting at the start of the discussion regarding Dartmouth Brook. Ernie Temple moved to approve the minutes as corrected, Connie Oliver seconded the motion, and it was passed unanimously.

Dr. Karpf read the cover page of a letter from Michael Castagna, chairman of Plan NH Charrette Committee. They provide design services to local communities pro-bono, and included a Charrette Program Guide in their mailing. Dr. Karpf said perhaps the CIP committee would be interested in this service.

Dr. Karpf said that the Public Hearing for the Story/Sales Center would be continuing from the November 14, 2007 meeting.

Walter Elander said they had submitted plans to Provan & Lorber, and responded to their letter. He went through the Provan & Lorber letter with Horizons comments.

1. No monuments or corner pins are present on the property. Mr. Elander said there has been no subdivision of land in this project, thus pins are not required. Dr. Karpf said they hadn’t received copies of the letters until today, but the concern is that there should be benchmarks, a minimum of two, to make sure the building is on the correct spot. Mr. Elander said they will locate the building corners and other points of reference on the lot. Dr. Karpf also noted a need to set up a system whereby, the town, Provan & Lorber, and Horizon all know that documents have been sent and received, as the town had not seen the P&L letter, and P&L had not seen Horizon’s comments.

2. FEMA mapping shows the project is in the vicinity of the 100 year floodplain. Mr. Elander said the basement floor level is a foot below floodplain – 1,569 ft. He said the architects have taken measures to flood proof that level. There is a sub-surface sump pump, under-drains below the basement slab, perimeter drains around the building. Water will be pumped to a catch basin at 1,575 ft., and the pipe is 6 ft. above flood level. Water will go from the catch basin into another catch basin and then into the normal drainage system, and the level will eventually recede. Provan & Lorber has not seen this information, and may be satisfied when they do.

3. Set backs are not noted on the plans. Matt Dieterich said they have an agreement with CNL for a right of way, and will provide proof of ownership. Either an easement or a lot line adjustment will be done, and they are asking for conditional approval in this area.

4. Changes to the Ski Area Road. Mr. Elander said it’s already a one lane road and will stay that way. They anticipate no real change to traffic flow, but the road will be narrowed to 12 ft. Dr. Karpf asked about having DOT do a traffic study, concerned about backups on Rte. 302 and further development such as the Alpine Club. Mr. Elander said there will be no increased traffic from the Alpine Club, as it would house the same people as before, just in a different place. Mr. Dieterich said at this stage they don’t feel a traffic study is necessary, but there will be one done when the village plans start. Mr. Elander said that the turning radii are being changed at the intersection of Ski Area Rd. and Remick Lane, and the road restriction to 12 ft. is being done with painted lines only. One of the islands is going away, and trees will be trimmed in another. Emergency vehicles will still have room to maneuver. Fire Chief Duncan is okay with the changes.

5. Distance from the road to the pedestrian areas, handicap access is not great. It was stated that they have moved the building so it is now 6 ft. from the street. Parking is mainly behind the building and most people will use this entrance. They intend to move excess snow with a loader.

Dr. Karpf asked if the board was ready to entertain approval. He cited several possible conditions to approval: the boundary line adjustment or easement, fire approval from Chief Duncan, and a possible traffic study. Connie Oliver felt a traffic study was not necessary, while Charlie Cohn feels they should address this now at the beginning. Mac McQueeney was asked about traffic, and said there’s usually no problem at Rte. 302. Mike Brunetti said this area would be part of a larger traffic study, that for this building most people would be coming from the hotel in shuttles. Mr. McQueeney, Bill Smalley, and Rena Vecchio don’t see a problem now. Joan Karpf asked about storm water from the parking lot, and was told there’s a catch basin on the west side that will send water to existing drainage. There’s an existing swale parallel to Rte. 302 and water will dissipate before getting to the river.

Mr. Dieterich presented an architectural design review checklist that he thought could be used as a guideline. He then talked about the building height which is 44 ft. from the base elevation (where the ramp meets the building) to the highest point. He has spoken to Chief Duncan who’s not concerned because the upper building is not to be occupied. Mr. Dieterich showed preliminary exterior shots of the building. It will be clapboard siding, shingled roof at the top, metal roof on the porches, have dark skies lighting, and muted colors complimentary to the surrounding area. Plantings will be native to the area, there will be a stone chimney, and decks will simulate wood decking. If anything changes drastically, they will come back to the board. It was mentioned that the existing Sports Club is taller than 44 ft.

Once again board approval was brought up with conditions as follows.

Confirmation of easement or lot line adjustment
Approval from Chief Duncan
ZBA approval of an area variance for height
Possible concerns of Provan & Lorber after reading Horizon’s comments to their initial assessment.

Atty. Waugh suggested a motion for the board to pass. Ernie Temple moved to approve the Sales/Story Center subject to a list of conditions to be developed by the Chair and discussed, amended if necessary, and voted upon by the board at the continuation of the Public Hearing on January 4, 2008, at 7 pm. Donna Foster seconded the motion, and it was passed unanimously. After a bit of discussion, the motion was amended to set the date as January 3, 2008, at 7 pm. Ernie Temple made the motion, Connie Oliver seconded, and it was passed unanimously.

Erik McMurray began the consultation session for a deck addition to the south side of Fabyan’s Restaurant. He asked whether it’s necessary to do a site plan review for this project, or whether they could just get a building permit from Stan Borkowski and proceed. The zoning regulations require site plan review for an expansion of a non-residential use, but this is exterior expansion only – thus the question. He explained and showed photos that the deck would extend from the rear side to simulate the old platform on the railroad station. This will add 36 seats, 6 parking spaces and handicap access to the building. The deck will be covered, but not enclosed. He stated they have contacted NH DOT to make sure we are not encroaching on their property, and have received notice that the addition is entirely on Mt. Washington property, but if they need construction access, they will need to enter into a Temporary Use Agreement. Dr. Karpf stated that he had no opinion at this time, and would have to read the regulations as well as discuss with Atty. Waugh. He stated the board would have a decision at the January 3rd meeting.

Before discussion began on the Dartmouth Brook application for subdivision, Connie Oliver recused herself as an abutter and moved to the audience seating. Mike Brunetti began by explaining that the Concept Plan called for 338 units and 35% open space in the subdivision area. They have since revised their plan to include only 199 units and have 70% open space, and this doesn’t count individual lot open space. He said their goals are to have minimum disturbance of wetlands and streams, optimize views, and have minimum environmental impact. Their plan includes zero permanent wetlands impact, although there will be some temporary impact (less than 10,000 sq. ft.) during construction. All stream crossings have been modified to be bridges rather than culverts. He explained that the Hamlet Area will have 90 lots with 122 units, and the Preserve & Hill Side Area will have 50 lots with 77 units. There will be 97 on-street or parking court spaces.

Mr. Brunetti showed slides of the area, and pointed out that certain existing trails in wetland areas will be abandoned and replaced with new trails in dry areas. Photos of neighborhoods showed single and multi-family homes, with open space and parks. He pointed out that the bio-retention drainage areas are designed to serve as a park. The duplexes and condos are to look like large houses, gate houses. In steeper areas homes will be tucked into the trees with darker colors on the exterior and roof. They use a pattern book for siting and materials, and landscape patterns for fences and gardens. They have applied for DES approval and have a meeting scheduled for December 17. There has been a vegetation/habitat analysis done. They have addressed the Bethlehem Conservation Commission comments. They’ve met with DRED and will do a fiscal benefit analysis in January.

Mr. Brunetti said there’s been some confusion on the developer’s agreement, had received an email from Bernie Waugh in error, and have destroyed the correspondence. He also said that they have not abandoned plans to expand the East Mountain ski area, and it is not their intention to transfer units planned for Carroll onto Bethlehem property. Charlie Cohn asked if Dartmouth Brook would contain any timeshare units, and was told no, that there may be some in the village.

Atty. Waugh commented about open areas shown in green on the slides, and reminded the board of RSA 674:21a that says that with respect to open space, an applicant’s statement of intent to restrict development, submitted with or contained in an application which is subsequently approved, shall be deemed a condition of the approval. Mr. Brunetti said that the open space will be deed restricted and turned over to the owner’s association, with the documents recorded at the registry. It was stated that some of the open space would be open to the public, and that the snowmobile trail would not be impacted, as it is not on their property. A question of whether of the open space would be in current use arose, and this will have to be checked.

Mr. Elander stated that the board was looking at new plans, that if the application is accepted, they would move to a preliminary layout, and then a final plat. They are adhering to Article 5 of the Zoning Ordinances and to the Subdivision Regulations. Andy Nadeau, surveyor manager at Horizons Engineering, talked about doing a voluntary merger as part of this process. There are three tax parcels involved in the merger: Map 208 Lot 6.01, Map 210 Lot 5, and Map 210 Lot 5.4. There will be 183.63 acres after the merger.

Steve LaFrance, engineer from Horizons, spoke about water, sewer, grading, drainage, and roads. He said the area would be served by Rosebrook Water Company, that has two wells and a storage tank. There will be 12” water mains from the Mt. Madison area. There had been a road planned connecting the two residential areas in Dartmouth Brook, but that has been eliminated. Mr. LaFrance said water and sewer would still be placed underground where that road was originally planned. He talked about water usage. Rosebrook is currently permitted for 540,000 gallons per day, and the average use is 130,000 gal/day. They estimate the demand in Dartmouth Brook to be 45,000 gal/day, so the existing supply is adequate for domestic and fire flow. This meets state standards for fire protection. The municipal sewers will link by gravity to the pump station and then to the hotel wastewater treatment plant. This plant was designed to handle 145,000 gallons per day. It now handles 75,000 gal/day, and will add 45,000 gallons with Dartmouth Brook. The spa will add 10,000 gal/day. DES requires some allowance for infiltration, and this will pretty much max out the capacity of the hotel plant. They will be submitting plans to DES. He stated some lots may require pumps, as they are too low.

Mr. LaFrance praised his resort owner client for their efforts to be sensitive to environmental concerns. As a result there are buffers to streams, bridges rather than culverts, open drainage in open areas. In dense areas there will be curbs and catch basins to be routed through bio swales into detention ponds. Water is let out slowly from these ponds. Two ponds are planned and treatment swales (ditches), in order to meet state standards. An application for a wetlands permit has been submitted and meetings have been held. Other permits required are the Alteration of Terrain, Water Main Extension, and Sewer Connection. Applications have been submitted. In addition, as the Base Road is a DOT state road, applications have been filed for driveway and excavation permits. It’s been determined that a 50 mph speed limit would provide adequate site distance at the intersection of Base Rd and entrance to Mt. Madison, and the Base Rd. is posted for less than that. Mr. LaFrance said most of the roads will be 24’ wide, side roads will be 20’, and there will be some 16’ one-way alleyways. They have spoken with Chief Duncan, and he is fine with 16’ for one-way streets. Mr. LaFrance mentioned the culvert that failed on Base Rd., and said they won’t have an impact on the culvert with this project, and will not be replacing it unless the state participates in the replacement.

Atty. Waugh asked what Mr. LaFrance is looking for tonight, and was told that typically the three steps were acceptance of the application as complete, preliminary plan approval, and final plan approval. Discussion took place about timing, and the fact that final approval must take place within 65 days of the application being accepted. Mr. LaFrance and Mr. Brunetti said they would be willing to extend the 65 days if necessary, but that our Subdivision Regulations give the time as 90 days, which is inconsistent with state law. Atty. Dana Bisbee said he felt the application was complete, and all they were looking for tonight was to have it accepted as complete.

Dr. Karpf said he would entertain a motion of accept the completed application for the Dartmouth Brook Subdivision. Final approval of plans subject to Provan & Lorber comments, street name approval, fire safety approval, and appropriate state approvals. Rena Vecchio made the motion, Ernie Temple seconded and the motion was passed unanimously. The Public Hearing date, as determined by this meeting, will be held January 3, 2008, at 7 pm in the town hall.
Dr. Karpf stated that Mr. Borkowski had asked for a ruling by the Planning Board on whether the Residential-Business Zoning setbacks applied to campgrounds. The Tarry Ho Campground has had campsites that according to a recent survey went over the side lot line onto the abutter’s lot. The campers have been moved, but the Tarry Ho owner would like to reposition them inside his lot outside the normal setback, and has said he thinks because it is a campground, normal setbacks should not apply. Dr. Karpf said he has looked at the zoning ordinance and discussed this with Town Counsel, and their opinion is that they need to apply for a variance. Front setback is 40 ft., side setback is 20 ft., and rear setback is 25 ft. John Foster asked if they were really going to make the owner move the campers, and expressed concern for his business. Dr. Karpf said legal opinion says he must meet zoning requirements and must apply for a variance.

Dr. Karpf read a letter from Provan & Lorber regarding the Seymourian subdivision and the problems with his water line. Their suggestion was for the board to request a performance bond in the amount of $25,000 to assure the repair work completion on Ariana Lane. In his letter, Tim Grant also stated that Mr. Seymourian has hired an engineer to produce a load capacity rating for the bridge/culvert on Ariana Lane. Mr. Grant recommended that the board request a copy of that rating calculation for the town’s records. Bill Smalley made a motion to notify Mr. Seymourian of each of these requests. Charlie Cohn seconded the motion, and it was passed unanimously.

Dr. Karpf read the legal opinion submitted by Atty. Waugh with regard to the proposed lighting ordinance. In it he questioned why the ordinance was written to exempt one and two family dwellings, and cited the possibility of facing charges that the ordinance violates Equal Protection. After some discussion Ernie Temple moved to write the ordinance so it includes the one and two family dwellings, with everything existing to be grandfathered. Rena Vecchio seconded the motion and it passed by a vote of 6-1. Donna Foster voted nay, as she is not in favor of any lighting ordinance.

A date was set for the Public Hearing on proposed Zoning Ordinances. Rena Vecchio moved, and Ernie Temple seconded, to set the date at January 15, 2008 at 7 pm in the town hall. The vote to pass was unanimous. The meeting will be noticed in the January 2, 2008 edition of the local papers.

At 9:56 PM, there being no further business, Mr. Cohn made a motion to adjourn. Mr. Temple seconded, and the motion was passed unanimously.