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Minutes of Town Board Meetings

Corrected Minutes of 11/10/2005

November 10th, 2005

Carroll Board of Adjustment
Meeting Minutes

November 10, 2005


These minutes of the Town of Carroll Zoning Board of Adjustment have been
recorded by its Secretary. Though believed to be accurate and correct
they are subject to additions, deletions and corrections by the Zoning Board at
its next meeting when the Board votes its final approval of the minutes.


Board members present: Paul Bussiere, Nancy Mitiguy, Joan Karpf, Ed Martin

Meeting called at 7:10 PM

Minutes taken by Vicki Brodeur, Secretary

Members of the public present: Joanne Miller, Jeff Duncan, Donna & Mike Matz,
Jeff Duncan, Kathy Saffian, Pat Martin, Barbara & Howard Hoffman, Edith Tucker,
Kathy Saffian

The board tabled the approval of the October 13, 2005 meeting minutes until the next scheduled meeting.

Chairman Bussiere stated the deliberative session and vote for Jay Ouellette/John Burt would be continued for one month due, as the applicants would like to sit before a full board. Previous sessions completed the process of getting input from any member of the public that the board felt had standing, and no further testimony will be taken from the public.

Chairman Bussiere opened the public hearing for Bode Miller. Joanne Miller was present on behalf of her son Bode Miller. She stated Mr. Miller is requesting a variance because of a six-foot extension he is proposing on his residential dwelling in Bretton Woods.
She said they are proposing to put in solar panels and to be successful in doing so the building is going to exceed the recommended height limit of 33 feet.
Fire Chief Jeff Duncan said he was not clear as to exactly how much the applicant would be exceeding the height limits. He said the plans, which were submitted to the Board of Selectmen along with the building permit a few months prior are not the plans that are being presented to the Zoning Board for the public hearing. He said he is concerned as well because he did not think the building inspector was aware of the changes in the original plans.
Chairman Bussiere asked if 39 feet was the total height of the proposed building.
Ed Martin said the appeal before the board is for the 39 feet.
Mrs. Miller said the entire roof would not be at 39 feet, she said it would only be the portion, which housed the solar panels. She also noted there is no living space in the area of where the height limit is going to exceed.
Chief Duncan again stated it shows a different height measurement in the original plans. He said 34 feet was what the Board of Selectmen and the Building Inspector approved.
Nancy Mitiguy said the applicant, if approved for the use would have to go back to the Board of Selectmen and note the change to the plans. She said the only portion of the roof the Zoning Board is concerned with at this point is the portion, which will exceed the recommended height requirement.
Chief Duncan said there could be no people occupying the building where it exceeds the 33 feet. Ms. Mitiguy stated if the application is approved it can be made as part of the condition that the building cannot exceed the 33 feet except for where the solar panels are located in a certain section of the roof.
Mr. Martin asked beside the proposed home would there be any further developing on the lot. Mrs. Miller said the lot itself it very small and she said there are no future plans at this time.
Ms. Mitiguy asked Chief Duncan if the emergency vehicles were going to be able to access the building.
Chief Duncan said the driveway will continue off of Dartmouth Ridge Road straight up to the home and emergency vehicles getting up there should not pose an issue.
Mike Matz said if the application is approved then he felt it would be setting a precedent
for any future applications with regards to height limits.
Ms. Mitiguy said she could understand Mr. Matzís concerns but each application is unique and has to be treated on an individual basis.
Mrs. Miller said she feels it is important because the home is proposing the use of solar energy. She again stated the solar panels are only going to be constructed on only a portion of the roof.
Ms. Mitiguy said the builder had mentioned at the last meeting there might be an alternative route if the variance was not granted. She said it was the issue with cutting some trees on the property.
Mrs. Miller said she does not want to have to cut trees. She said if trees were to be cut it would have to be totally clear-cut and she said it is not a view neither she nor others would care to see.
Chairman Bussiere said it was also mentioned at the last meeting about constructing the solar panels from the ground up. Mrs. Miller said in order for solar panels to operate properly they must installed on the rooftop.
Chairman Busisere stated to Mrs. Miller there was only five board members, not a full board and if she wanted to continue the public hearing until the next month it was her decision. Mrs. Miller stated she wanted to continue with the hearing this evening.
Ms. Mitiguy asked if the Millers had looked at any other designs for the home.
Mrs. Miller said the family hired a firm to come in and design the home.
Kathy Saffian said she was concerned as the Fire Chief commented that the plans were not the same plans, which were submitted with the building permit.
Chairman Bussiere said it is the apapplicantsresponsibility to go back to the Board of Selectmen and make the corrections and up to date changes to the plans.
Joan Karpf stated it is noted in a particular RSA that solar energy is encouraged as it is much more efficient.
Mike Matz asked if the trees could be topped off rather then clear cut if the variance was not granted.
Mrs. Miller said they did not want to have to top off the trees.

Ed Martin made a motion to grant the variance with the following condition to be set:
- The total height of the building is not to exceed 39 feet.
- Space above 33 feet is to be uninhabitable.

Joan Karpf seconded the motion.
All were in favor/
The variance for Bode Miller is granted.

At 8:05 PM, the Chairman of the board made a motion to adjourn the public hearing
Ms. Mitiguy seconded the motion.
All were in favor.
The meeting was adjourned.