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08/14/08 ZBA Minutes

August 25th, 2008

Carroll Board of Adjustment
Meeting Minutes August 14, 2008

“These minutes of The Town of Carroll 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 Board of Adjustment 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”

Members of the Board present: Joan Karpf, John Goodney, Leslie Bergum

Members of the Public present: Greg Robinson, Dave and Sharon Bicknell, Chris Reed, Barbara Myers

Meeting called to order at 7:05 PM with the Pledge of Allegiance.

The minutes for July10, were reviewed and Leslie Bergum made a Motion to: accept them as most recent edit changes. John Goodney seconded, and the motion passed unanimously. The minutes for May 8th and June 12th were tabled once again.

At this time Chairman Karpf gave Mr. Robinson the option to continue with the Public Hearing with the three board members that were present or he could wait for a full board of five. Joan wanted to make sure Greg Robinson understood that a yes vote would mean that all three board members would have to agree to the request, or a split vote would mean the request was denied. Greg Robinson said he was happy with the three members that were present as these three had been with him for the entire procedure.

Chairman Joan Karpf explained the procedure for the Public Hearing. The meeting would start with any other information Mr. Robinson would like to add to his request for a Special Exception. At the end of that, Mrs. Karpf would open the Public Hearing to answer questions, gather information and take input from the public.. The Public Hearing would end when all questions were asked and then the board would deliberate.

At 7:10 Greg Robinson was allowed the time to present his request. Mr. Robinson owns the Twin Mountain KOA on Rte. 115, Map 202, Lot 17. He purchased the abutting piece of property, Map 202, Lot 23. He would like to expand his campground onto Lot 23. He would use the gravel road/right of way to access Lot 23 that would have approximately 8 cottages and 6-9 RV spots. He expects to use about 2 acres of the 14 acres on the lot.

The Chairman then asked the board if they had any questions. Joan Karpf said she had a few and would start, as the board had no questions at this time. The questions were about:
a. How would you handle the extra garbage?
Mr. Robinson said that he has Waste Management coming to the campground 1 to 2
times a week and has the bear proof dumpsters. Nancy , from Fish and Game, also
works with them. He and his crew actually pick up the garbage from every site and
campers are not allowed to keep garbage over night, it must be brought to the office
b. What about campfires?
Permits are needed, he said from the Fire Department. Every site has a fire ring and
small fires cannot be higher then 2 feet. There is also 1 large fire ring for groups.
c. Where are the fire hydrants?
There is one at the entrance of the KOA campground and one in front of Kevin
Cormiers property, which abutts the KOA on Rte.115.
d. How long is the campground opened?
The campground is open five months out of the year, mid-May to mid-Oct. No
vehicles or campers are allowed to stay when they close down for the season.
e. What about setbacks?
Greg said he wasn’t really sure how the setbacks worked as far as the front and
back went. The Board agreed with him and said they would have to look into how
that is determined.

At 7:20 Chairman Karpf opened the Public Hearing and Dave and Sharon Bicknell, abutters, asked if he planned on using the land closest to Rte.115 for the campground and Mr. Robinson said no. He planned on just the 2 acres in the back. Then they asked him what if he changed his mind. Greg Robinson said he would have to go before the ZBA again and go thru the same process he’s doing now. Sharon Bicknell asked if the entrance would be changing and Mr. Robinson said no. The entrance would still be thru the existing KOA Campground and to the right of way, which is on his property. With these questions answered, Mrs. Bicknell said she saw no problem.

Chris Reed, owner of Lots 19, 20, and 21, wanted to know how large the road would have to be and Greg said that the right of way was twenty-five feet wide. And then when you cross that and you reach the “older campsites,” the road turns into a one way. He said he would also put in stop signs on either side. Chris Reed wanted to know about power and where it would come from. Greg said he was not really sure but he would probably come from Cormier’s, and put in a transformer and one pole and then the wires would all be underground. Mr. Reed said he would like to see the power come from the existing KOA so he would not have to see the pole on his ride thru the right of way to his land locked lots. Chris also asked Greg if they would need another dumping station and Greg said no.

Mrs. Meyers then spoke and said her stepfather was Fred Lehr and she now owned his property. But after listening and seeing where the campground was going, she felt they really would not be affected by this.

Joan asked if there were any restrictions on time or lighting. He said that 10:00 p.m. becomes quiet time and he actually walks around the campground. People come to the KOA for the peace and quiet. All the lights at the campground are on timers, but they have lights on the roadways for safety. He said they also have some photo cells.

Leslie Bergum asked again about the setback particularly for the right of way. How far away would the first site be? After a lengthy discussion, it was decided that the Board would work with the fact that the setbacks would be determined to have the “front”of the property be on Rte. 115 and the “back”of the property abutting Lot 21. It was also decided that a 30 foot vegetative buffer would be required and it would be included in the setbacks.

Leslie Bergum asked the Chair to introduce an email that was sent to the Board. The Chair asked Leslie to read it. Jay and Suzanne Ouellette, also abutters, sent an email in support of the request and asked for it to be brought to the meeting and added to the minutes. ( copy attached)

At this point Mr. Robinson said he is open to suggestions so that the abutters are not inconvenienced in any way. He is willing to work with the abutters.

There being no further questions, Chairman Joan Karpf closed the Public Hearing at 7:47.

Once again Joan Karpf asked Greg Robinson if he was comfortable with the three ZBA members, or if he wanted to wait until there were five members of the board present. He said he was happy with the three. The Chairman said they would deliberate now if all the members were so moved to do so. All members agreed to move to the deliberation.

There are 3 criteria to approve a Special Exception. They are:
1. The Special Exception will not adversely affect the capacity of the existing or planned community. The Robinsons said the request would not adversely affect the existing or planned community as it is open only 5 months out of the year and there is no problem with water. Any other services as PSNH would be provided by the owner at no extra cost to the Town of Carroll
2. Character of the area is not adversely affected. The Robinsons said that the area
would not be adversely affected because the property abutts the existing KOA and it is their intention to keep the lay of the land as it is and have sites mold into the property.
3. Traffic in the immediate area will not be adversely affected. Access to the
proposal would be thru the existing KOA Campground. Route 115 is a highly
traveled highway and the proposal to add 8 tent sites and 6-9 RV sites is not
major. Also the campground is only opened for 5-6months.

Chairman Karpf said she had looked at the Granite Maps and the soil was not “hydric soil”. She said she felt that her concerns with the Special Exception could be alleviated
by attaching conditions to the approval. The conditions are:

1. The Site Plan must be brought before the Planning Board for approval.
2. The right of way must have a twelve foot clearance for emergency vehicles.
3. Garbage disposal will be maintained to prevent bear nuisance.
4. Maintenance of the right of way will be guided by the Town of Carroll regulations.
5. This extension of the KOA Campground will remain intended for temporary occupancy only (5 to 6 months).
6. The Special Exception will include a 30 foot natural vegetative buffer to be maintained along Lots 21, 22, the right of way and any other abutting land owner.

Joan Karpf said she would entertain a motion to approve the Special Exception with the attached conditions. John Goodney moved the motion, Joan Karpf seconded and the motion passed unanimously.

Chairman Karpf made a motion to adjourn the meeting, John Goodney seconded and the motion passed unanimously.

The meeting adjourned at 9:30 pm.