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Minutes of 12/1/2016

December 15th, 2016

Carroll Planning Board
Meeting Minutes

December 1, 2016

“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: Acting Chair Michael Hogan, Bonnie Moroney, Donna Foster and Selectman’s Representative Brian Mycko, Richard Krapf

Alternate Board Members: Dianne Hogan

Members of the Public: Kevin Cormier, Gardner Kellogg, Daniel (Rob) Barube, Joe & Lisa Trainor, Fire Chief Jeremy Olsen, Jason and Mary Sullivan, Greg Hogan, Dave Scalley, Chris Allen, Len Wood and an Attorney for the Trainor’s, Jason Bielagus

Minutes taken by: Rena Vecchio, PLBD Secretary

The meeting was called to order at 7:00 PM.

Pledge of Allegiance

Approval of Minutes

The meeting minutes for September 1, 2016, October 6, 2016 and November 3, 2016 needed to be approved. The minutes for September 1st and October 6th could not be voted on as the correct people were not available for those meetings. Bonnie Moroney made a motion to accept the meeting minutes of November 3, 2016 with the correction of spelling “Diane Hogan” with two “n’s”. Brian Mycko seconded and the motion passed with 5 ayes and Richard Krapf abstained as he was not at the November meeting.

Acting Chair Michael Hogan opened the meeting by saying that Cherry Mountain Resort/KOA Campground, Map 202, Lot 023-100-000, 372 Rte 115, had an application for a Site Plan Review to expand the campground. The application had come before the board in November and had been continued till the December meeting as there were many concerns and questions from some abutters. Chair Hogan started by reading off some of the concerns (a hard copy will be attached to the minutes in the office). He said he and Dianne had walked the property and Ken and Brian had also, at separate times.

Gardner Kellogg handed out the maps for the expansion. Michael asked Dave Scalley, representing the owner, Brad Hare, if he wanted to address the issues that had been brought up last month. He said the board wants businesses to move forward but neighbors concerns need to be addressed.

Dave said:
• There will be signage with arrows on either side of the ROW (Right Of Way) so campers will know exactly where to go.
• There will be a sign near the ROW stating the entrance to the KOA is above on the right. Sign will be approximately 3’x 5’ that will be on state property.
• Foliage near the large KOA at entrance is being trimmed back so sign stands out from down the road
• There will be a sign at end of campground that says private property beyond this point. Sign will be large enough but campers will be informed as they enter campground too that beyond that point it is private. Possibly a map showing such. May even escort campers to site.
• Gate will be put in if signs are ineffective. Dave said if the abutters want a gate they will put one in. No promises tonight on what type, but he will work with Rob Barube on that. Rob said he has signs all over the place that say private property but they don’t work. People are coming and going all the time. This owner says he will do this and that but he would like something that will prevent people from coming on his property, that campers will always know, that it is private property, no matter who the owner is. Dave says they would maintain gate if on KOA property. Campground would put in a swing gate but Rob would like something different. Again Dave says he will work with them. Rob also asks if something on either side of the gate could be put in so people can’t drive around it or walk around it. Dave suggests something that would work with the land. Maybe boulders. Rob would like to have a gate that says “not going up that road”!
• Pet areas to be noted that they have to be used.
• Where campgrounds go over the ROW to the expansion, campers will be heavy and will crush the road. Dave said that they intend to now go in and put in a culvert and put in the correct soil and rock. When that is done the drainage will be taken care of. Greg Hogan, Public Works Manager, would like to monitor the road even though it is not a town road. Michael Hogan said that the KOA would be responsible for that culvert and crossover to the other side.
• Kevin Cormier asked if any trucks would be coming up his ROW during the construction. Dave said everything will go thru campground.
• Someone said that the setbacks are not being adhered to also when the cabins are put in a building permit is needed and occupancy permits also.
• Fire Chief Jeremy Oleson wanted to know what type of gate will be needed so they do not have to come back before the board.

Acting Chair Hogan closed the Public Hearing for the Cherry Mountain Resort/KOA Campground.

Bonnie Moroney made a motion to: approve the Site Plan Application to expand the Cherry Mountain Resort/KOA Campground, 372 Rte. 115, Map 202 Lot 023-100-000, Twin Mountain, with 4 cabins and 10 campsites with these conditions:
• Signage will be placed as stated in minutes.
• Installation and maintenance of culvert.
• Gate installation from KOA to private property with lock box and extended fencing/boulders/rock wall on both sides.
• Setbacks will be adhered to.
• Cherry Mountain Resort/KOA Campground will follow the Campground RSA 216-I:1
Brian Mycko seconded and the motion passed unanimously.

Next on the agenda was a Site Plan Application for Sullyville, LLC/Beech Hill Campground, Map 207, Lot 2, 970 Rte 302 W, by the owners Jason and Mary Sullivan. The PLBD secretary had found a letter dated April 15, 2002 in their file stating from a previous Chair, that the campground had been in existence before the Zoning Ordinances had been in place and therefore were grandfathered with their expansion. So the board planned on having the Sullivan’s in to go over roads, signage, lighting, water, septic, safety, etc.

All abutters were notified and an ad was place in the Democrat. All fees were paid. The Submission Requirements were read and one change was made (hard copy will be attached to the minutes in the office).

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

The Chair asked if there were any questions from the board. Brian Mycko asked if the roads were going to end where it showed on the map. Gardner Kellogg said yes.
The Chair then opened the Public Hearing to all.

Abutters that spoke:
• Bonnie Moroney read a letter from abutter Ron Haskell who could not be at the meeting. (a hard copy will be attached to the minutes in the office).
• Chris Allen is an abutter. He is concerned with air quality, noise and property values. Thinks this is a terrible idea.
• Len Wood is an abutter and is concerned with fires, where is closest fire hydrant. He said the web site says there are 168 sites. Mary Sullivan said the numbers
• do not match up to the actual number of sites. She said they have 142 sites now and want to expand by 30. Mr. Wood says he finds that is an issue with the actual number of campsites.
Chair Michael Hogan said the expansion of the campground has been grandfathered since 2002 with the letter from the PLBD. Donna Foster read the letter (hard copy attached to the minutes in the office).

Attorney for the Trainor’s, Jason Bielagus, asked if he could read from the Carroll PLBD minutes, September 5, 2002. The Chair agreed. He read the motion,“All existing sites (three of them) to be 5’ from the property lines and all other sites to be 20’ from the property lines. Any future expansion will go before the ZBA for a special exception.” After discussion Attorney Bilegus stated the board had 3 different things going on:
1. The Zoning Ordinance which stated what the town should be going by for everyone in the town and the definitions. The Northern part of the lot is under R-1 and the Southern part is zoned RB.
2. Minutes of September 5, 2002
3. The letter from Al Stasser, PLBD Chair, dated April 15, 2002, grandfathering the expansion of the soon to be merge lots, Map 207 Lots 2 & 3.
He said he thought the letter was a mistake and the board should listen to the Zoning Ordinance and the minutes. He asked the board to not approve the application. Bonnie Moroney said she wanted to look at other minutes too. Acting Chair Hogan said the board wanted to look at the ZBA minutes also. The Attorney for the Trainor’s feels that Sullyville, LLC/Beech Hill Campground has never been to the ZBA for a Special Exception and that is a problem.

Lisa Trainor asked to be recognized. She said she wants the board and Beech Hill to understand they are real people, not trouble makers, she wants to make sure the law is upheld and she wants to be fair. They wanted their children to be able to use this land long after they are gone. With a large expansion that will not happen. Joe Trainor said he feels like they have bulldozed with this. He also said that he is worried about the contamination of the soils with all the vehicles and oil drips. He is also afraid that the septic is very close to his water lines. He said some of the abutters have high readings of contamination but can’t afford to have a study done. But he said there was only one place that could come from. Attorney Jason Bielagus said abutter Mr. Schaffer has e-coli contamination and it may come from there.

Fire Chief Jeremy Oleson was asked how he felt about the expansion and fire safety. Oleson said they keep the campground well maintained. If there is more expansion after this, they will have to do something with a fire pond or some type of water access.

Mary Sullivan said they bought campground in 2006. This was a dream of theirs. It is strong memory building with the campfires and sitting together. I rake and clean the campground constantly. We do not want a fire to happen either. They did their research too. When we bought the campground there was already a campsite on that merged property, zoned R-1 and we were told we could expand legally with 309 more sites. Expanding to 309 is not something they want to do, not part of the dream.

Brian Mycko made a motion to: continue the Site Plan Review for Sullyville, LLC/Beech Hill Campground owners Jason and Mary Sullivan, Map 207 Lot 2, 970 Rte 302 W, Twin Mountain to expand the campground by 30 sites, till January 5, 2017. Richard Krapf seconded and the motion passed unanimously.

Next on the agenda was a consultation with Twin Mountain Motel (formerly Naturally NH or the Charlmont). It was noted that no one showed up at the meeting to discuss this.

Next was the discussion on the new SB 146 on Accessory Dwelling Units, “accessory dwelling unit” means a residential living unit that is within or attached to a single-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking and sanitation on the same parcel of land as the principal dwelling unit it accompanies.”

Brian Mycko made a motion to: add to our Zoning Ordinance, Accessory Dwelling Units, SB 146, thru a warrant article to go before the public at the March Town meeting. Richard Krapf seconded and the motion passed unanimously.

Brian Mycko made a motion to: to put an ad in the paper for a PH on ADU’s, SB 146, for January 5, 2017 at 6:00 PM. Michael Hogan seconded and the motion passed unanimously.

Bonnie Moroney made a motion to adjourn the meeting. Brian Mycko seconded and the motion passed unanimously. The meeting ended at 9:15.