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Minutes of Town Board Meetings

11/09/2010 ZBA Minutes

November 12th, 2010

Carroll Board of Adjustment
Meeting Minutes November 9, 2010



“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, Paul Bussiere, Bill Dowling,

Members of the Public present: Linda Dowling, Frank Maturo (filming), Phil Wyman, Mary O’Toole (Peabody and Smith), Joy (Peabody and Smith)

Minutes taken by Rena Vecchio, Secretary

Meeting called to order at 7:00.

Pledge of Allegiance.

Chairman Karpf declared there was a quorum and asked for the minutes of June 10, 2010 be reviewed. The Chair asked that the minutes be tabled for now as it had been a long time ago and the minutes were long. She felt the board needed time to look over the minutes and review things before accepting them or changing them. The board agreed.

Chairman Karpf mentioned that the new OEP, “The Board of Adjustment in N.H., A Handbook for Local Officials,” was updated in October of 2010 and would be available to the boards. She asked the secretary to please look into it and get copies for the board. There have been a lot of changes and the updates will be great to have. Also there was a Law Lecture workshop on “Administrative Decisions” that she felt was excellent. She felt the board would benefit greatly if they each had a copy of the publication.

At 7:05, Chairman Karpf recused herself and sat in the audience. She was bringing forth a Special Exception for, Birchwood Common LLC (formerly Funtown), 491 Route 3 South, Twin Mountain, N.H., Map 206, Lot 73-001. Paul Bussiere took over as vice- chair. The Karpf’s are looking for the rental of new or used OHRV’s at this address. A few years ago they had applied for a Special Exception at Birchwood Commons, 529 Route 3 South, formerly the Northlander. They would like to abandon the Special Exception at Birchwood Commons (Northlander) and have it now at Birchwood Commons LLC (Funtown). They feel that Birchwood Commons LLC will be more conducive to the snowmobile business.

The board went over the parking lot in front and back of the Birchwood Commons LLC. Joan Karpf also showed the two routes the snowmobiles could take. She also said that there will be renovations for the Birchwood Commons LLC and there is a possibility they will not be in there this winter. But it is where they intend to move the OHRV business.

Vice-Chair Bussiere listened to the board and their questions and asked Joan to bring the information forward next month:
1. Lighting plan
2. Letter from Bruce Seymourian on using his property to access the snowmobile trail
3. Hours of operation
4. How many machines to be displayed at one time

Bill Dowling made a motion to: accept the application. Leslie Bergum seconded the motion and the motion passed unanimously.

Next on the agenda was a Variance for Jean Bunton, represented by Phil Wyman. Jean Bunton owns property on Little River Road and is looking to buy two (2) acres of land from Don Coburn to put in wood processing yard. Phil Wyman has a landscaping business in Massachusettes and a wood processing yard. They would like to retire here and have a part time business here. He explained to the ZBA that he had gone to the PLBD the week before for a Site Plan Review and felt that the reaction to this was quite poor. Phil Wyman explained that they would use approximately 15000 square feet of the two (2) acres and would sell around 100 to 200 cords of wood a year. Paul said he would want to see, if they accepted the application tonight;
• A map showing the buffer zones
• Equipment to be used
• Hours of operation
• Noise levels
• And types of buffers to be used
• Impacts on the road
• Number of trucks daily going to the yard


Bill Dowling wanted to know what kind of buffer he may use. Mr. Wyman said they would probably use evergreen trees. He went on to explain the wood processor is about 30’ long and 6’ wide, with a moveable deck. It is operated by a 4 cylinder engine which sounds like approximately 2 chain saws running at one time.

Leslie Bergum wanted to know who owned the property and did Jean Bunton and Phil Wyman have permission to speak on the property. Normally it is the owner that would apply for the Variance. Phil explained to her that they would buy the property only if they could put in the wood processing. He also had a copy of a letter from Mr. Coburn giving him the right to talk on the land. All the board members had a copy in their packet.

Mr. Wyman felt that he could have come in the wood processing yard under light manufacturing but the board said the definitions did not support that. Therefore a variance would be needed, not a Special Exception.

The board was looking over the application and realized that it was not complete. When applying for a Variance there are 5 facts that need to be explained to support the request. Number 3 of the facts, has 2 sections, a and b. Section “b” had not been completed (b. that no fair and substantial relationship exists between the general purposes of the zoning ordinance and the specific restriction on the property because:….”). Phil Wyman said that he would have to list 3b. “as there is no restriction issued for the wood yard business in the Zoning Ordinance.” Vice-Chair Bussiere explained that the hardship part of the questions are very difficult to prove or override, that is the reason why there are Zoning Ordinances. He is having a hard time accepting the variance because of the hardship, he feels there is none. Bill Dowling agreed. Leslie said she feels they have tried hard to the best of their ability to accept the application, but it is just not working. Paul said that the application is not complete and they have not been shown “hardship” even exists for the variance. The property is not unique to the surrounding property.

Bill Dowling made a motion to: not accept the application. Paul Bussiere seconded and the motion passed unanimously. Paul Bussiere explained that this vote does not mean he cannot come back with another application and try again.

Mr. Wyman thanked the board for taking the time to explain things to him. Paul Bussiere said that a Notice of Decision will be filled out, signed and sent to him and Peabody and Smith (they are handling the possible sale of the property).

Joan Karpf came back to the board as Chair. Paul asked if all the members were up to date with their oaths as there are term limits. Anyone interested in holding either the chair or vice chair as elections could be coming up.

Paul Bussiere made a motion to: adjourn the meeting. Bill Dowling seconded and the motion passed unanimously.