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Minutes of 3/14/2019

March 22nd, 2019

TOWN OF CARROLL ZONING BOARD OF ADJUSTMENT
92 SCHOOL STREET
TWIN MOUNTAIN, N.H. 03595


March 14, 2019

Members Present: Chair Dave Scalley, Vice-Chair Aaron Foti, Dianne Hogan, Janet Nelson and new member Andy Smith
Public: Carl Brooks, Lisa Miller, Mike Carbonneau, Ron and Sherry Wareing and Mark Vender-Heyden
Minutes taken by: Rena Vecchio
Pledge of Allegiance: 7:00 PM
Dianne Hogan made a motion to: elect Aaron Foti as Chair of the Zoning Board for one year. Janet Nelson seconded and the vote for Aaron Foti for Chairman passed unanimously.
Approval of Minutes
Chairman Aaron Foti asked if any board member had any corrections to the minutes of June 14, 2018. There were none.
Janet Nelson made a motion to: approve the minutes of June 14, 2018 as written. Dianne Hogan seconded. Both Dianne Hogan and Janet Nelson voted to approve. Aaron Foti was not at the meeting and Andy Smith was not a board member.
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VARIANCE—BIRCHWOOD COMMONS, LLC/EVAN KARPF
Evan Karpf, owner of Birchwood Commons, LLC has applied to the Zoning Board for a doggy care, grooming and boarding in his building. The use comes under kennel in the definitions of the town Zoning Ordinance and is not allowed and therefore he is applying for a variance.
Evan in was called away for a family emergency and had a letter stating that he authorized Ron and Sherry Wareing of Twin Mountain Cottages to represent him.
Ron and Sherry Wareing will be running the pet center. Dianne Hogan said she went to see where the address was on the computer and it went to a site called White Mountain Pet Center. She said that on that site it said they had been opened for four years. Sherry said they wanted to reserve the site and set up the pet care website. It then combined the current business they have, Twin Mountain Cottages and the pet care site together. They have been at the cottages for four years. They tried to separate the two and couldn’t.
Chairman Aaron Foti asked about licensing. Ron said that the state did not require a license. He said that kennels for the state was for breeding and selling. They handed the letter from the state to the Chair stating that there was no license needed. Dianne Hogan asked if this was for cats too and Ron said yes. The Chair mentioned that the letter did not mention cats. Ron said the same thing applied.
Sherry Wareing said they had contacted the NH ASPCA and they will come up and certify them once they are up and running. This is not something they have to do but thought it would be a good thing
Chairman Aaron Foti asked if the Wareing’s would be working for Evan Karpf. They said no, they would be leasing the space from him and running the business themselves.


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Janet Nelson asked if the state had recommendations on the amount of space needed for each dog. Ron said that it was the standard crate size appropriate for each individual dog. Ron showed a handmade map of the building and area.
Dianne Hogan asked what their experience was. Sherry said her daughter has over ten years experience in doggy daycare. She said she was surprised to find out that no one stays over night in these centers. So Sherry said they are putting up cameras so the owners of the dogs can click in and see their animal anytime, including at night.
Andy Smith asked if the number of dogs/cats kept overnight was going to be different then the number of dogs/cats kept during the day. Sherry said no because they will only have enough crates available for the 53 animals and they cannot take in more if they do not have the crates to put them in.
Dave Scalley, Building Inspector/Code Enforcer, asked if doggy daycare, grooming and boarding were allowed anywhere in town and Ron said no. That is why they are going for a Variance. Dave then said to the board that he thinks they should see if all the criteria of the application was met before going into anything else of the pet center.
Andy Smith said he thinks Dave is saying the board needs to determine if the application is complete or not before going into anything other questions.
The Chair read thru the application to determine completeness.
Janet Nelson made a motion to: accept the application as complete for a Variance for Birchwood Commons, LLC, for doggy daycare, grooming and boarding. Andy Smith seconded and the motion passed unanimously.
Janet Nelson said she was concerned on the amount of noise this pet center may have and was worried about a hardship for the abutters and the rental upstairs. It seems like you have covered this. Ron also said there would be no dogs outside from 9:00 PM to 6:00 AM. Sherry said they have been in contact with the tenants and they have no problems with them being downstairs. Considering that the state has no laws on pet centers, what do you plan on doing with the waste?
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Sherry said they have contacted a local logger and they will be getting sawdust to mix with the waste in a bin in the back of the building. Sherry
Dave Scalley said he had questions on the different things going on in that building. He said there is the This & That shop and a canning area in the back. Ron said the retail shop is moving out and they have no interaction with the canning area.
The Chair asked if there was any input from the public. There was none. The Chair started the process of going thru the five (5) criteria:
1. Granting the variance would not be contrary to the public interest because:
• A need not presently provided will be allowed. And benefit the financial interests of the town at large.
Aaron-noise is an issue for me & how it will affect the area
Dianne –asked if the area was well insulated—Sherry said yes and they were adding more insulation
Aaron—what about health issues—Sherry said they have researched and have a cleaner called Natures Way and they have hired special cleaners to clean
Dianne—wanted to know if there was a vet on call—Sherry said yes they have several—they have an emergency vet from Dartmouth that just set up a business in Lincoln and he has signed off to work with them. She said she was not aware there were any tenants—Ron said there was a business called Woz that did sauces and they would be canning there eventually but they are not in that area at all—Aaron said so there is just that one business
Andy—said this is not of interest to this application—tenants come and go and the retail and canning areas can change any time
Fire Chief Jeremy Oleson-- he wanted them to go over NFPA #150 about fire and life safety for animals


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2. If the variance were granted, the spirit of the ordinance would be observed because:
• This use is not addressed in the list of uses
Aaron-- kennels are not allowed anywhere—after talking to New Hampshire Municipal Association we need to follow new Zoning Ordinances that were voted in two days ago—feel that doggy daycares are not mentioned but I feel that it was just overlooked
Andy – it is not an allowed use but it is in the definitions—doesn’t think there is a spirit issue
Dave said that building was approved for four spaces and this space is taking two of those spaces
Andy-- if this is approved then they have to go back to the Planning Board for Site Plan Approval which would be lighting, parking etc.—we are dealing with the use of the land only
3. Granting the variance would do substantial justice because:
• The Town of Carroll is a motel and campground based economy. The request for the care of dogs and cats so visitors can enjoy the featured services and values of the town will be met.
Janet Nelson—feel it is very needed in our area
Andy—maybe fall under retail—Ron said but you have the definition of kennels that we have to go by
4. If the variance were granted, the values of the surrounding properties would not be diminished because:
• Route 3 South is a commercially based area of the town. Route 3 is a heavily traveled road by large commercial vehicles. The requested use is less disharmonious.
Aaron—my worry is if we allow this use are we preventing other businesses from coming in the future and therefore losing tax revenue
Sherry—they have this type of businesses in malls now and it doesn’t appear to be stopping businesses there
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Andy—there are also no abutters here
5. Unneccessary hardship
A. Owing to special conditions of the property that distinguish it from other properties in the area, denial of the variance would result in unnecessary hardship because:
i. No fair and substantial relationship exists between the general public purposes of the ordinance provision and the specific application of that provision to the property because:
• The use is not permitted in any zone
Andy—not an allowed use seems to be the only hardship—seems to be said throughout the application
ii. The proposed use is a reasonable one because:
• It will be provide a need that will benefit the town at large
Janet—there is a need for it in the town
B. Explain how, if he criteria in subparagraph (A) are not established, an unnecessary hardship will be deemed to exist if, and only if, owing to special conditions of the property that distinguish it from other properties in the area, the property cannot be reasonably used in srict conformance with the ordinance, and a variance is therefore neccessary to enable a reasonable use of it.
• This use is not a permitted use in any zone within the town
No comment from the board

Chairman Aaron Foti said the board is now at the point of whether they approve, deny or continue this application.
Chairman Aaron Foti read the criteria:
1. Granting the variance would not be contrary to the public interest:
Aaron—Yes Andy—Yes Dianne—Yes Janet—Ye
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2. If the variance were granted, the spirit of the ordinance would b observed because:
Aaron—Yes Andy—Yes Dianne—Yes Janet—Yes
3. Granting the variance would do substantial justice because:
Aaron—Yes Andy—Yes Dianne—Yes Janet—Yes
4. if the variance were granted, the values of the surrounding properties would not be diminished because:
Aaron—No Andy—Yes Dianne—Yes Janet—Yes
5. unnecessary hardship
A. Owing to special conditions of the property that distinguish it fro other properties in the area, denial of the variance would result in unnecessary hardship because:
i. No fair and substantial relationship exists between the general public purposes of the ordinance provision and the specific application of the provision to the property because:
The board agreed
Aaron—Yes Andy—Yes Dianne—Yes Janet—Yes
Chairman Aaron Foti made a motion to: approve the variance for Birchwood Commons, LLC, 491 Route 3 South, Twin Mountain, Map 206, Lot 073 for a doggy daycare, grooming & boarding of dogs. Dianne Hogan seconded.
Andy Smith said he would like to amend the motion to read, subject to these two these two (2) conditions:
1. That there will be no animals outside from 9:00 PM to 6:00 AM
2. That the operator will adhere to all local and state pet daycares, grooming & boarding rules and regulations.
Aaron made a motion to: accept the amended motion. Janet Nelson seconded.
The amendment passed unanimously.
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The Chairman made a motion to: approve the variance for Birchwood Commons, LLC, 491 Route 3 South, Twin Mountain, Map 206, Lot 073, for a doggy daycare, grooming and board of dogs with these two conditions/amendments:
1. That there will be no animals outside from 9:00 PM to 6:00 AM
2. That the operator will adhere to all local and state pet daycare rules and regulations
Dianne Hogan seconded and the motion passed unanimously.
SHOW OF CAUSE—MOUNT DECEPTION GRAVEL PIT/CARL BROOKS
In January of 2014 Mount Deception Campground had been approved by the Zoning Board to excavate for five (5) years. In June of 2018, he applied to the board for a five (5) year extension. The board approved the extension. In December of 2018, the town received a letter from the lawyer for AB Logging, the company that was doing the excavating at that time and had gone with Carl for the original application. AB Logging had applied for the excavation application, had permits in his name and had paid for all plans. He asked that the town to rescind the approval because of this because he and Mr. Brooks were no longer doing business together and he was removing all his permits and plan., This hearing was to have Mr. Brooks explain why he hadn’t moved on any of the conditions of approval.
Mike Carbonneau accompanied Carl Brooks to find out what was going on. Mike is not a resident of the town and asked Carl if he could speak to the issue. Carl said yes.
Dave Scalley said that AB Logging had paid for everything, including the application fees, permits and plans. After Carl and AB Logging separated ways, the lawyer for AB Logging asked for everything be rescinded as everything was in his name and he was not involved any longer at Mount Deception gravel pit. After talking to the town Counsel, the select board was told to do a cease and desist. That is why we are here.

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Mike said that AB Logging was supposed to excavate for a pond that was to be made. He said he never did that and all that Mike wants to do is excavate. He doesn’t understand how AB Logging can ask to rescind the plans. Those belong to Carl not AB Logging.
Dave said now with nothing in place for the excavation, Carl needs to go back to the Planning Board and start over. He said I have had this conversation with Carl several times.
Andy Smith asked if it was up to DES regulation for the pond? Dave said no, he was to excavate the dirt/sand to make the pond so he could expand the campground.
Mike Carbonneau, the person now wanting to excavate the gravel pit asked, what if Carl only wanted to excavate the pit with no pond? Dave said he would need to go before the Planning Board again. Mike said if he wants to stay under 100,000 square feet, he should be alright.
Andy said reading the minutes of 2014, the approval says nothing about the pond or AB Logging. The permit to excavate is in AB Loggings name only. Andy said the approvals are in Carl Brooks’ name only as he is the property owner, not AB Logging. The approval goes with the land and Carl is the owner of the land. The town does not care who is doing the excavating. Dave said AB Logging is requesting to rescind everything in his name.
Chairman Aaron Foti said maybe the town has criteria that the town wants and the state does require. So we will probably need plans.
Dave said Carl came to the board wanting to remove sand to make a pond and then expand his campground by putting sites around it. Mike said what if he doesn’t want to do that anymore just excavate? Dave responded that he would

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need to go back to the Planning Board with a new site plan. Mike said he did not believe that was true as he will be removing less than 100,000 square feet.
Aaron said he does not see what they are supposed to do. There is no application to approve or not. He does not see what the problem is but does see the possibilities of problems.
Chairman Aaron Foti said that there are requirements by the town that have to be adhered to for a Special Exception. He said the applicant of the Special Exception must provide plans of various information of the land. This is on page 43, Section 605, of the Zoning Ordinance of 2012. ( A complete hard copy of this will be attached in the office.)
Aaron read (page 43, Section 605), Plan Requirements (Special Exceptions)
a. Locational map of property on which activity will occur, with property lines, roads and abutters’ names,
b. Map at scale of one inch equals 100 feet of the entire property with (1) delineation of the areas to be excavated, graded, fill or removed (2) topography (3)existing vegetation (4) waterways.
c. Description of volume of resources to be excavated, graded, filled or removed on a year to year basis for a period of 10 years or the duration of the project.
d. Map and description of necessary roads, access ways, buildings and structures proposed
e. Depth of seasonal high and average water tables.
f. Provisions for safety, traffic control and visual screenings.
g. Provisions for removal or storage of debris.
h. Provisions for continuous slope stability throughout the operation.
i. Provisions for sediment and erosion control throughout the operation.
j. A plan for final site reclamation which includes detailed information on topography, re-vegetation, drainage, stability and soil characteristics.
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Aaron said these are the requirements and at this point the approval of this excavation does not seem to have any of this. I feel the best thing to do would be to have the applicant start over. Dave Scalley said he felt the same way and hard expressed this to the applicant.
Andy said he feels this should be tabled so they could get more information. He said he believes that through these discussions, the consensus of the board is that they recommend the applicant goes back to the Planning Board because of the approval and recommendations of the Special Exception requirements. There maybe should be a recommendation to the Select Board on the fees also.
Chairman Aaron Foti said he feels that is correct. And the board agreed.
Dave Scalley said that a letter to the Select Board asking to waiver the fees of the new Site Plan that has been requested, should go to the board for the March 25th meeting.
The board now needed to nominate a Vice Chair for the board.
Dianne Hogan made a motion to: nominate Andy Smith to be the Vice Chair of the Zoning Board for one year. Janet Nelson seconded and the motion passed unanimously.
Andy Smith made a motion to: adjourn. Aaron Foti seconded and the motion passed unanimously. The meeting ended at 9:00 PM.