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12-10-09 ZBA Minutes

December 16th, 2009

Carroll Board of Adjustment
Meeting Minutes December 10, 2009

“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, Leslie Bergum, Bill Dowling, Nancy Mitiguy

Members of the Public present: Kelly Chase, Mark Catalano, Mike Brunetti

Minutes taken by Rena Vecchio, Secretary

Meeting called to order at 7:00

Pledge of Allegiance

Chairman Karpf declared a quorum and asked for the minutes of November 12th, October 8th and July 9th, of 2009, be reviewed. Leslie Bergum made a motion to: accept the minutes of November 12, 2009 as written. Bill Dowling seconded and the motion passed with three ayes and one abstention, as Nancy Mitiguy was not at the meeting.

For the minutes of October 8th, Leslie Bergum asked if the minutes should reflect the lack of a tape recorder at the meeting. Nancy Mitiguy agreed. Leslie Bergum made a motion to: accept the minutes as amended. Nancy Mitiguy seconded and the motion passed with three ayes and one abstention, as Joan Karpf was not at the meeting. The minutes should read, “Minutes taken by Paul Bussiere, without a tape recorder.”

Chairman Joan Karpf said she would entertain a motion for the minutes of July 9, 2009. Bill Dowling made a motion to: accept the minutes as written. Nancy Mitiguy seconded and the motion passed unanimously.

Chairman Joan Karpf announced the start of the deliberation for a Special Exception for the rental of OHRV’S for Marc Catalano/Kelly Chase, Map 208, Lot 5, Route 302 E. This area is zoned Residential-2. Chairman Karpf said she is actually recusing herself from the deliberation. She is here because the board needed a chair and she will not vote. She went on to explain to Marc Catalano and Kelly Chase that tonight they had three voting board members and they would all have to agree, based on the regulations, for the Special Exception to pass. Therefore they can wait until January’s meeting when she will try to get a fourth member or they can go forth with the three board members present. Nancy Mitiguy asked for time to review the PLBD minutes of the December 3, 2009 meeting. The Chair agreed .Nancy Mitiguy asked if they found a different trailer than first proposed. Kelly Chase said yes they did. The PLBD wanted something that was 30 feet or less. They have found a white trailer and they had several sizes that they had shown to the PLBD with different fencing and/or seasonal decorations. There is a new letter of from Irving acknowledging the snowmobile rentals and their approval. The hours of operation are 8 to 6. At the PLBD meeting there was discussion about the delivery trucks at the Irving Station with the snowmobile rentals there. Mark Catalano said that should not be an issue this year as the trailer will be at least 16 feet shorter. With the trailer being shorter, it will be about 3 feet closer to Fabyans.

Leslie Bergum said she is still confused with the property between the Irving Station and Fabyans that has the parking lot. Mark Catalano said one third of the parking area belongs to him and the other two thirds to Fabyans.

Mike Brunetti said the BW Ski Area will be putting up a fence around the septic/drain fields to try to keep the snowmobiles off. He said they never realized how busy it gets there. Mr. Brunetti said they actually sign a lease for that parking area and if the town feels that it presents a problem, they do not have to do the lease again.

Chairman Karpf directs the board to the Zoning Regulations, page 15, Section 305, Special Exceptions. Also, she said to look at the 3 Criteria for a Special Exception and the Standards Applicable to Special Exceptions, Section 305.2. Then she said she would entertain a motion. Nancy Mitiguy made a motion to: approve the Special Exception because the business does not adversely affect:
1. the capacity of existing or planned community facilities
2. the character of the area affected
3. traffic on roads and highways in the immediate vicinity
and that:
4. the Special Exception follows the conditions of the Site Plan Review
5. there shall be maximum of 15 sleds on the property
Leslie Bergum seconded and the motion passed unanimously, with 3 ayes. The Chair, Joan Karpf, did not vote. The deliberation ended at 7:45. A letter of decision will be sent to them.

Under new business, Leslie Bergum brought up the application of an Area Variance that was granted for a carport. Leslie said she was under the impression that the carport was to have one wall/rear wall. It now looks more like a garage structure or an enclosed structure. Chairman Joan Karpf made a motion to: have Stan Borkowski, Building Inspector/Code Enforcer, check to see if they have followed the area variance that was granted. Nancy Mitiguy seconded and the motion passed unanimously.

The Chairman then read the General Inspection Report from Stan Borkowski dated 12/02/09 on the Rines Excavation Pit. It was a report stating no activity on the property and there were pictures attached. The complete report will be attached to the copy in the office.

Leslie Bergum made a motion to: adjourn the meeting. Bill Dowling seconded and the motion passed unanimously. The meeting adjourned at 7:55.