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Minutes of Town Board Meetings

Minutes of 6/14/2012 APPROVED

July 12th, 2012

TOWN OF CARROLL
ZONING BOARD OF ADJUSTMENT

MINUTES

June 14, 2012

APPROVED

Members present where: Chairman, Joan Karpf, members, David Ikasalo, Paul Bussiere, Howard Hoffman, and alternate member, Leslie Bergum.

Also present were Terry and Katrina Threlfall.

7:00 PM a quorum being present, Chairman Karpf called the meeting to order and the Pledge of Allegiance was recited.

Minutes Review:
Minutes of May 10, 2012

Chairman Karpf offered a motion to approve the Minutes of May 10, 2012 as written. Ms. Bergum seconded the motion. The vote was 5 – 0. The motion carries

Public Hearing Continuation
Continuation of request for variance by Terry Threlfall, Jr. regarding Map 410, Lot 28 on Lennon Road. The request is for a variance of Article III, 303.5 side setbacks. Chairman Karpf read the letter by Ernest Temple an abutter (attached). Mr. Temple stated, he has no objections to the proposed building of a camp. Chairman Karpf said that on the map, the lot appears to have been originally a right-of-way to Mr. Temple’s property because of its shape. Mr. Temple is aware that he has no access to his property since the area in question is a lot of record...

Mr. Thelfall said, if the variance is approved he will remove the trailer that is on the site after the camp is built. He said the trailer is an eye-sore and he will use it for sleeping while the construction is taking place and then have it removed.

Mr. Threlfall said the height of the camp would not exceed 24 feet.

Mr. Threlfall said there will be room on the side of the camp for a vehicle which would be used for loading and unloading. The side area would not be a driveway.
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Zoning Board of Adjustment
June 14, 2012

The Secretary verified that all abutters were notified.

7:10 PM With no further questions from the Board, no further comments from the applicant and no members of the public present, Chairman Karpf closed the public hearing

Discussion – Chairman Karpf said that as long as the applicant meets the criteria he can have a variance.

Mr. Ikasalo spoke of safety. He said there are no hydrants on Lennon Road but since all other structures on the road have the same safety issue, no hydrants, it would not be an issue of this lot alone.

Concern was voiced regarding a future upgrade to the camp. It was noted that the owner would have to come back to the Town in that case.

Ms. Bergum offered a motion to approve the request for a variance to Article III, 303.5 of the Carroll Zoning Regulations for the following reasons;
Granting the variance is not contrary to the public interest
The variance to the setback regulations is due to the unique shape of the lot which is
the hardship
There is no impact on any other properties and no objection from abutters. Mr. Temple’s letter was referenced.
Granting the variance would not impact the surrounding area.
The request is in keeping with the use in the Rural Zone
The request is reasonable because of the constraints of the lot.
Mr. Ikasalo seconded the motion

Discussion – It was noted that the railroad abutters were notified. The railroad right-of-way is 99 feet.

Mr. Ikasalo offered an amendment to the motion. The camp will have no electricity, septic system or water. Mr. Hoffman seconded the amendment. The vote was 5 – 0. The motion is amended.

Discussion – Chairman Karpf noted that Carter Brook is approximately 900 feet to the rear of the site to be used for the camp. She offered a condition that there be a 25 foot buffer area to

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Zoning Board of Adjustment
June 14, 2012

protect the Brook. Mr. Ikasalo said he had no problem either way. It was noted that the land falls off sharply behind the area where the camp is to be built and even if an accessory building were needed, it probably would not be on this down sloping area and that far from the camp.

Ms. Bergum said she is a strong advocate of vegetative areas around wetlands, however she had concerns about the Zoning Board’s authority to make a buffer a condition to an approval of the variance.

It was agreed that there would be no conditions.

The vote on the amended motion was 5 – 0. The amended motion carries.

Unfinished Business
Election of a Vice-Chairman

There was a short discussion during which it was noted that Mr. Bussiere had extensive experience as a member of the Zoning Board. Mr. Ikasalo stated he does not feel confident that he himself has enough experience at this time to fill the position.

Chairman Karpf offered a motion to elect Paul Bussiere Vice-Chairman. Mr. Hoffman seconded the motion. The vote was 4 – 0 – 1. The motion carries.

Rules of Procedure

E-mails were presented from LGC and Town Counsel regarding the question of seating a full Board versus a three (3) man Board. After a short discussion it was the consensus that the Rules of Procedure were complete. (attached)

Chairman Karpf offered a motion to accept the Rules of Procedure as written. Mr. Ikasalo seconded the motion. The vote was 5 – 0. The motion carries.





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Zoning Board of Adjustment
June 14, 2012


Other Business
The Board was apprised of a resolved zoning question that arose during the Chairman’s vacation. The issue was determined not to be within the prevue of the Zoning Board of Adjustment and was ultimately handled by the Code Enforcement Officer (CEO). It was noted that the CEO reports to the Board of Selectmen. Mr. Bussiere said the Selectmen are currently working on a policy and procedures for the CEO. He explained the Town must say what they are not going to enforce from the State Laws regarding code enforcement.

Mr. Bussiere stated that he feels strongly that there must be a blend of people of differing opinions on Town boards. He said the mix of ideas makes the board more democratic. Chairman Karpf said she agrees. She said after being on the Board and getting to understand the Town better, she believes there must be flexibility. She said that was not the issue with the vote of the previous meeting. She said there needs to be different opinions.

There being no further business before the Board;

Mr. Ikasalo offered a motion to adjourn. Mr. Bussiere seconded the motion. The vote was 5 – 0. The motion carries.

8:05 PM Chairman Karpf adjourned the meeting.

Respectfully submitted,
Linda J. Dowling
Secretary
Zoning Board of Adjustment










FINDINGS OF FACTS

Carroll Zoning Board of Adjustment hearing held at 7:00 PM on May 10, 2012 and continued to June 14, 2012 at the Twin Mt., Town Hall in Carroll, NH concerning a request by Terry Threlfall for a variance concerning Article III section 303.5 of the Zoning Ordinance.

The applicant proposes to build a 14’ X 20’ camp on a non-conforming lot on the property located at Lennon Road, Map 410 Lot 28 in the Rural Zone.

Summary of the facts of the case discussed at the above public hearing;

1. Carter Brook runs through the property
2. Required setbacks – front 40’, side 30’, rear 50’
3. Abuts Maine Central railroad
4. Non-conforming lot, Section 307.a
5. Camp for recreational use, no water use, no sewer system, no electricity – carry in/out
6. Setback plan 27’ side and 15’ side
7. Lot 20’/407’ is 25.54 acres - abutter
8. 53’ from road – front setback met
9. Height 24’