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Minutes of Town Board Meetings

Minutes of 12/6/2012 APPROVED

December 13th, 2012

TOWN OF CARROLL
PLANNING BOARD

MINUTES
December 6, 2012

APPROVED

Members Present: Chairman, Evan Karpf, V ice Chairman, Erik Bergum, Selectmen Representative, William Dowling and members, Richard Nelson, and Donna Foster. Also present were Michael Norman of Horizons Engineering, Hunter McCardle of Water Street Studio/Natural Retreats, Michael Brunetti of Natural Retreats, John Bisbee of Devine Millimet for Natural Retreats, Matt Ragsdaie (sp)of CNL, David Scalley, Paul Bussiere and Mark Catalano.

7:00 PM Chairman Karpf called the meeting to order.

Minutes Review:
Minutes of September 6, 2012
Mr. Dowling offered a motion to approve the minutes of September 6, 2012 as written in the second draft. Mr. Bergum seconded the motion. The vote was 5 – 0. The motion carries.

Minutes of October 4, 2012
Chairman Karpf offered corrections; page 3, 3rd paragraph - “educate” not “education”; page 4, 6th paragraph - request “for” a public hearing, not “and or”.

Mr. Bergum offered a motion to approve the minutes of October 4, 2012 as corrected. Mr. Dowling seconded the motion. The vote was 5 – 0. The motion carries.

Minutes of November 29, 2012 non-public session
Mr. Nelson offered a motion to approve the minutes of the November 29, 2012 non-public session as written. Mr. Bergum seconded the motion. The vote was 5 – 0. The motion carries.

Minutes of November 29, 2012 public session
Mr. Bergum offered a motion to approve the minutes of November 29, 2012 public session. Mr. Dowling seconded the motion. The vote was 5 – 0. The motion carries.



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Planning Board
December 6, 2012

Mr. Nelson said he had a problem with the detail at the end of the minutes of November 29, 2012 public session. He had no specific amendments at this time. Chairman Karpf suggested tabling these minutes until the January 3rd meeting.

Mr. Bergum offered a motion to rescind the vote approving the November 29, 2012 public session minutes. Mrs. Foster seconded the motion. The vote was 5 – 0. The motion carries.

Chairman Karpf said the minutes of November 29, 2012 public session is tabled until the January meeting.

Correspondence:

Chairman Karpf read the Horizons Engineering report of the Hunt Properties Subdivision site visit as Third Party Reviewer. (attached)

Chairman Karpf read a letter from Thomas Watson of Drummond Woodsum regarding Dartmouth Brook Subdivision, Base Road, Bretton Woods. (attached)

Chairman Karpf noted the Code Enforcement Officer’s Report was available to the members and had been posted on the bulletin board.

Chairman Karpf read the Code Enforcement Officer’s e-mail of December 6, 2012, regarding the Hunt Properties Subdivision. (attached)

Report of Officers and Committees:

Chairman Karpf asked Mr. Nelson if the Master Plan Subcommittee had anything to report. He referenced the e-mail from LGC explaining the requirements for meeting postings and minutes of a subcommittee. (attached). Mr. Nelson said there had been no action due to Mr. Mill’s work schedule.

Other Business:
Consultation – Natural Retreats

Chairman Karpf cautioned the Board not to form opinions at this point of the process.

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Planning Board
December 6, 2012


Michael Brunetti of Natural Retreats gave an overview of the company. He said Natural Retreats is a hospitality group with resorts across the country in scenic areas. He said Natural Retreats also has 10 sites in the United Kingdom. He described Natural Retreats as a job creator. He said the company hires, builds and purchases locally.

This project is located on Lot 42 of Tax Map 211, off Base Road. Mr. Brunetti described the proposed project as being located in the stable area of the Lot and is a 15 acre parcel. He said Natural Retreats is working with CNL to relocate the stables. He expects to start construction in the spring of 2013. He further described the project as a cottage subdivision with 1300 – 1500 square foot cottages in a quiet area where client/renters can enjoy the outside environment. The trail system would interconnect with what is already present in the area. Natural Retreats is working with the State Historical Society regarding the stable building and conversion/renovation of it to a multi-unit cottage design. He said there are 47 lots as proposed which would include 50 units.

This project would not be for time-share purposes although there could be a few. There are no plans for a store, however local products could be made available. There are wetlands in the area of the project and Mr. Brunetti said they would be used as a feature with a small walkway and perhaps a bridge.

Michael Norman of Horizons Engineering gave the Secretary a copy of a letter of authorization from Natural Retreats authorizing Horizons Engineering and Water Street Studio to act as their agent.

Mr. Norman said there would be a 50 foot gravel round-about with four (4) alley ways which would require waivers from the Board as the alley ways are to be 18 to 20 feet wide. He said the parcel is close to the Bretton Woods water system and sewage pump station. There will be no garages only parking pads to accommodate 2 vehicles. Mr. Bergum asked about over-flow parking. Mr. Norman said they will look at that.

Mr. Norman continued, saying there is minimum wetlands impact. The walk ways are pervious and the project stays under the 3000 foot wetland impact provision. He said the set back minimums are vague in the Subdivision Regulations. It was noted that specific set backs are in the Bretton Woods Condo master document. Mr. Norman said it is the intent that this
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Planning Board
December 6, 2012


project be the same as the Dartmouth Brook project regarding flexibility. He will look at the Condo regulations and see if they are applicable. Mr. Norman said the goal is similar to Dartmouth Brook.

Winter maintenance of the road(s) was questioned since the planned roadways are narrow. Mr. Norman said the smaller roads are aesthetically in line with the intended atmosphere of the project but the winter snow removal would be an issue to be looked at.

Chairman Karpf said the Board may choose to have a third party review and Town Counsel would also be consulted.

Mr. Bergum asked about a new site for the stables. Mr. Norman said they are looking at the northwest corner of the paddock area and are in talks with CNL regarding this. It was noted the area was close to the river. The renovated (old) stable would become a multi-unit cottage and may require Site Plan Review or even a Special Exception.

Mr. Norman questioned if these units were single owner (client) with a two day minimum, would a Site Plan Review be needed. Chairman Karpf said the Board may have to consult with Town Counsel to see if rental/residential units do need a Site Plan Review. He said, the cost of that consultation would be the applicant’s responsibility.

Mr. Ragsdaie (sp) of CNL gave an update of the Master Concept Plan. He said CNL has been the owner of the developed land since 2011. There have been improvements of the ski area. There are now lifts and trails on East Mountain. He continued saying there has been wetland work on Stone Hill, stabilization of Dartmouth Brook, renovation of the Bretton Arms and replacement of the bridge over the Ammonoosuc River. He said the land use has not changed.

Mr. Ragsdaie (sp) said the area described by Natural Retreats would take 50 units from the Stone Hill area which presently is made up of 43 acres, 142 units. Fifty of the units would be cut out to the stable parcel. He said it would just be a re-allocation with the same number of units. He noted the area in question is the steepest area.



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Planning Board
December 6, 2012


Chairman Karpf said a completed application with abutters list and checks for the appropriate fees must be submitted to the Secretary 21 days before the next meeting in order to have the public hearing published in the correct time frame.

Applicant’s Guide

The Board made a few clarifications and corrections and also wants a disclaimer added stating to the effect that this is only a guide and there may be other requirements of the applicant. The Board instructed the Secretary to forward the amended Guide to Town Counsel for his review, especially of the disclaimer. The Board will address the Guide at the January 3, 2013 meeting.

Planning Board Budget

Chairman Karpf said the Code Enforcement Officer line was taken out as he is totally under the Selectmen’s control. He said he would like to add money for the updated Land Use Regulations books. The Secretary told the Board that the order was put in late this year so there will be no update for 2012 for the Board. Discussion took place regarding what line this expense was taken from.

It was the consensus of the Board to keep the 2013 budget request the same as presented.
.
Public Hearing
Adoption of the National Flood Plan Requirement for Subdivision and Site Plan Review Regulations

Chairman Karpf read the language (6.1) to be inserted into the Subdivision Regulation and Site Plan Review Regulations regarding the requirements (attached). He said the Office of Energy and Planning has advised that the Town needs to approve this and make it part of these Regulations. It was noted the current FEMA maps are available at Town Hall.

There was no discussion from the Board or the public.



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Planning Board
December 6, 2012


Mr. Bergum offered a motion to approve and adopt the National Flood Plan Requirements and make them part of the Subdivision and Site Plan Review Regulations of the Town. Mr. Dowling seconded the motion. The vote was 5 – 0. The motion carries

The Secretary was asked to send copies of the regulation 6.1 to the Code Enforcement Officer and the Road Agent.

Adoption of Driveway Regulations regarding culverts for Subdivision and Site Plan Review Regulations

Chairman Karpf read the proposed culvert regulations (attached). He said this was requested by the Road Agent. The granular material was questioned in relation to the winter and frost heaves. These regulations would be for culverts at the end of the driveway where it meets the road. Waivers could be applied for if a person was not able to meet the requirements.

There was no further discussion by the Board and none from the public.

Mr. Bergum offered a motion to approve and adopt the culvert regulations as read into the Subdivision and Site Plan Review Regulations. Mr. Dowling seconded the motion. The vote was 5 – 0. The motion carries.

The Secretary was asked to send copies of the culvert regulations to the Code Enforcement Officer and Road Agent.

To Incorporate specific definitions for bond requirements for Subdivision and Site Plan Review Regulations

Chairman Karpf read the e-mail from Town Counsel regarding the bond requirement wording to be incorporated into Section 4.19 of the Subdivision Regulations.(attached)

Mr. Bergum said he preferred the 90 day notice of cancellation of the bond, as the generic wording. He said the Board can always make an exception.

Mrs. Foster asked if the bond must be in the name of the applicant. Chairman Karpf said yes it must be in the applicant’s name in order to protect the town in case the contractor defaults
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on his agreement with the applicant/owner. There would be no security for the town if the bond was in the name of the contractor or sub-contractor.

The Board had no further comment,

From the public David Scalley said, as an applicant – his insurer has said, if it (a requirement) is in the Ordinance its ok, if it is not, the insurer won’t write it. He also asked if these (new) regulations would affect previously decided projects and was told “no”.

Mr. Bussiere asks if the Planning Board accepts the bond then forwards it to the Selectmen. Chairman Karpf said the bond document is submitted to the Planning Board and is sent to Town Counsel for his review. Once Town Counsel gives his ok, the bond document is accepted by the Planning Board and sent to the Board of Selectmen with the Planning Board’s recommendation for the Selectmen’s signatures. The Planning Board Selectmen Representative can let the Board of Selectmen know that there is a bond coming for their signatures.

Mr. Bergum offered a motion to approve and adopt the bond language as described by Town Counsel with the change to the 90 day notice of cancellation. Mr. Dowling seconded the motion. The vote was 5 – 0. The motion carries..

Other:

Chairman Karpf said the contact information sheet of the members is available in the meeting folders.

Chairman Karpf said, regarding the Hunt Properties Bond, the old bond was sent back to the applicant. He asked the Secretary to send the new bond submitted at this meeting to Town Counsel for his review. He said, if Town Counsel approves the new bond, he will call a special meeting of the Planning Board to act on it. The Secretary said she mailed the original Rider and the faxed copy of the old Bond document back to Mr. Scalley. She said she has never received the original (old) Bond from Mr. Scalley.

Mr. Bussiere said he would like limits on conditions placed (on approvals) of subdivision applications to protect the applicant. He was told that the Board sets conditions on an individual basis and must follow the regulations and the laws.
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Planning Board
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Chairman Karpf said that while there is no RSA that defines the role of the Chairman, both LGC and Town Counsel have advised that the Chairman follows the will of the Board as voted by the Board. He said under the Regulations the Board must reach a decision within 30 days.

Mr. Bergum said the Applicant’s Guide is to help the applicant understand the process. It is not an ordinance.

It was noted that the Board must act in 65 days.

Mrs. Foster asked for a joint meeting with the Zoning Board of Adjustment to work on communication between the Boards.

Mr. Scalley said regarding the e-mails from Town Counsel on the bond, he wanted the other side (questions asked) to be released also. Mr. Catalano asked why not give the questions. Mr. Nelson asked if the members were all copied the questions because he didn’t get them. He was assured by the Chairman and the Secretary that all Board members were copied the questions as well as the answers. Mr. Bussiere said the “To See” did not fly in this town and these are public questions. He said everything the Board does looks very good but these questions. Chairman Karpf said the substance is in Town Counsel’s response which was released. The other side of the correspondence had no effect on the response. Chairman Karpf said the Board could vote at the January meeting to release both sides of the correspondence if that is the wish of the Board.

Mr. Scalley asked if any of the Planning Board members were aware of the stop work order. He said the stop work order was illegal. He said the Chairman authorized the stop work order and said it didn’t go through the Selectmen. Chairman Karpf explained the Town did not have an accepted bond from Mr. Scalley. Mr. Scalley went on to say that Chairman Karpf stopped him illegally and cost him time and money. Chairman Karpf said he spoke with Town Counsel and was told that there is no RSA that governs the action of the Chair and that he as Chairman works by the will and vote of the Board. He reiterated that the Chairman works by the vote of the Board and having a bond in place before work started was a voted condition of the approval of the subdivision. He said the Code Enforcement Officer concurs in his e-mail of December 6, 2012.

Mr. Nelson said his computer was “down” and he didn’t receive Town Counsel’s e-mails. Chairman Karpf said they will be sent to him again.

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Mr. Bergum offered a motion to adjourn. Mr. Dowling seconded the motion. The vote was 5 – 0. The motion carries.

9:15 PM Chairman Karpf adjourned the meeting.

Respectfully submitted,
Linda J. Dowling
Secretary
Carroll Planning Board