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Minutes of 3/8/2012 DRAFT

March 13th, 2012

Carroll Board of Adjustment
Meeting Minutes
March 8, 2012
DRAFT
These minutes of the Town of Carroll Board of Adjustment have been written by its Chairman. Though believed to be accurate and correct, they are subject to additions, deletions and corrections by the Board f Adjustment at its next meeting when the Board votes its final approval of the minutes. They are made available at this time to conform to the requirements of the New Hampshire RSA 91A:2.
Members of the Board present: Joan Karpf, Leslie Bergum, Paul Bussiere
Members of the Public present: Rena Vecchio, Michael Rucci, David Scalley
Meeting was called to order at 7:05 pm.
Pledge of Allegiance
Chairperson Joan Karpf opened the meeting with a review of the new procedure to attempt to hold a public hearing within 30 days of the filing of a completed application as recommended by our Town Attorney. The Public Hearing tonight was scheduled to address a Special Exception application that was presented to the Town office a few days before our February meeting. The Chair stated that when she went to pick up the Special Exception application on March 7th, the day before the Public Hearing , she noticed that the application was incomplete. The Town secretary had informed the Chair that an abutter had called requesting information on the Special Exception and noted also that the application had no information describing the proposal. The Chair then stated she had concerns regarding notice requirements for the public hearings. She stated she researched the RSA's and presented the Board with copies of RSA674:15 and RSA 675:7 which indicated to her that adequate information had to be made available for public inspection at least 10 days before the hearing. She stated that the ad in the paper stated that the purpose of the Special Exception was to expand on the apartments. The Chair stated that to be sure the Board was in compliance with State law, she contacted both the LGC and for further reassurance the Town Attorney. Both agreed that there was a deficiency in the notification since the application was incomplete and the public had no information on the proposal at hand. She stated that our Town Attorney recommended we open the Public Hearing and continue it to a future meeting so the public could have ample time to review the completed application.
The Chair then gave the Applicant, David Scalley, the opportunity to present his proposal and address the criteria for the Special Exception. A detailed map of the lot was presented in addition to a document which addressed the criteria.(See Attached) The property is located at 675 Route 3 North in Twin Mountain, Lot 11 on Tax Map 207. Mr. Scalley proposes to convert 18 motel units into 10 apartments with a configuration of either 1 or 2 bedrooms. The footprint of the building will remain the same and all apartments will be on ground level. He stated that there is already adequate parking and there are two entrances in to the property from Route 3. The building will be a mixed use since there will be the apartments, a restaurant and motel rooms on the second floor. Lighting will remain the same but security and emergency lighting will be added. With no further questions regarding the application and the proposal the Chair opened the Public Hearing at 7:21 PM.
There were no questions or statements from the Public. Mr. Scalley presented a letter from an abutter who couldn't be present. It stated her support of the proposal.( see attached)
Paul Bussiere requested a clarification as to why a special exception was needed. It was explained that in the RB zone of the Town where the lot was located, apartments were allowed only with a Special Exception. Leslie Bergum, referencing Section 303.3, asked if the proposal would meet the Town requirement for Apartment buildings which states that Apartment buildings shall have an additional area of 10,000 square feet for every 1,000 square feet of livable space in addition to the minimum lot area required for a single-family dwelling. Mr. Scalley stated that the apartments would total 7,500 square feet of living space. He stated that would need 2.75 acres to meet the requirement. The building was on a 6 acre lot.
At this time the Chair recommended extending the Public Hearing as recommended by the Town Attorney so that the Public could have ample time to review the completed application and minutes of the meeting. The Board agreed. Paul Bussiere asked if the extended Public Hearing could be held sooner than the next monthly meeting. The Chair stated she would check with the Town Attorney to establish the necessary time frame and then notify the Board, the public and applicant of a different date.
The Chair then addressed old business regarding the procedure for a Public Hearing. She confirmed Paul's position that the Board can regulate who can speak at a public hearing based on standing. The Board's procedures will be adjusted to include this regulation.
At 7:50 Paul Bussiere made a motion to adjourn the meeting. Leslie Bergum seconded the motion. The motion passed unanimously.