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Minutes of 4/5/2012 DRAFT

April 11th, 2012

Town of Carroll Planning Board
DRAFT
April 5, 2012
These are the minutes of the 4/05/2012 meeting of the Carroll Planning Board, written by Evan A. Karpf, D.C. and are subject to corrections and deletions by the Board.
Present: William Dowling, Eric Bergum, Richard Nelson, Donna Foster, Joan Karpf, Evan A. Karpf, D.C. The meeting was videotaped by Joan Karpf.
7:15pm: The Board commenced the Public Meeting with the chair declaring a quorum. The meeting began with the Pledge of Allegiance to the Flag.
The minutes of February 2, 2012 were approved as written. Bill Dowling made the motion to accept as written and seconded by Eric Bergum and carried.
First on the Agenda was AT&T with a request for application for a Site Plan Review to install a Wireless Cellular Antennae at the Mount Washington Hotel, Bretton Woods, NH, (Town of Carroll). The chair informed the representatives, Lisa Forum and that this evening would be a non-binding consultation. The Agents for AT&T presented their reasoning and the receipt of their formal proposal. Dr. Karpf asked if as agent, would they want to be on the May 3, 2012 Agenda for acceptance of application and possible deliberation. Evan Karpf offered to FAX a copy of the Planning Board's formal application and it was confirmed that they will be responsible for the costs of the placement of an AD in a local paper and the cost of the notification of abutters. He also made them aware that the Board may choose to hire a third party to represent the Town of Carroll at the applicant's expense. This was acknowledged and agreed to by the agent.
Next on the Agenda was David Scalley representing Hunt Properties regarding the development of 18 motel rooms into 10 apartment dwellings. David Scalley requested that of Evan Karpf recuse himself from his hearing. The reason was because he owned rental properties in the Town of Carroll. Evan Karpf stated that he will be objective and impartial and stated he would not recluse himself. Evan then brought to the attention to the board that Donna Foster rented signage to the applicant, D&S Construction and this would be a conflict of interest. Donna stated she has not been receiving rent for the signage. Evan stated that it would be up to Donna if she felt that she would not be objective and would determine if she would recuse herself.
Evan Karpf stated that tonight was a consultation regarding Hunt Properties application for the site plan review. David Scalley took exception to this as well as that his application was not reviewed by the board. He stated that he dropped off his application and March 27, 2012 based upon the date of the check written for this purpose. He stated that he was under the impression that he would be heard tonight regarding his application secondary to his communication with Maryclare Quigley. Evan Karpf explained that he was told by Maryclare that she informed Mr. Scalley that tonight's meeting would be a consultation only because there was no planning board secretary. David Scalley insisted that this was incorrect. Evan Karpf explained that his application could not be heard despite the confusion as per RSA , an application can only be considered at a "Public Meeting" and that a "Public Meeting" can only be official where the time requirements of notification are met per RSA. If David Scalley dropped off the completed application on March 27, 2012, the ad for the public meeting could have at its earliest been published on April2, 2012. This violated the 10 day notification which excludes the day of publication and the day of the hearing. Secondly if the required two public postings were posted the following day, March 28, 2012, these would also be illegal for they do not meet the parameters of the RSA as well. Mr. Scalley then stated that he submitted the application to Town Office the week prior, March 20, 2012. First of all, the application's date of submission and acceptance of an application is contingent to the fee being paid, which according to Dave Scalley himself was on March 27, 2012, (too late to be considered by the board). Now if the application and payment was made on the 20th of March, David Scalley's application would still not meet RSA requirements. The ad at its earliest could be placed on March 21, 2012 and published on March 28, 2012. This then would be only seven days of public notification, failing to meet the ten day requirement. However, this was not the case here for Mr. Scalley stated that he paid the fee on the 27th of March.
The real issue now was, could a consultation proceed and the answer is yes and it did. David Scalley presented to the board his survey and application in which the board reviewed and commented on in a non-binding forum. Evan Karpf in an effort to facilitate the project stated that he would personally would make sure that all was in order so that at the PB Meeting of May 3, 2012 can consider his application and possibly proceed with the deliberation.
Last on the Agenda was Andrew Nadaeu as agent for CNL Properties for the Board's consideration of multiple Lot Line Adjustments. No application has been filed or fees paid at this time. Therefore a non-binding consolation was granted. Mr. Nadeau of Horizon Engineering provide introduced a member of his staff or provided a survey of the plan. Mr. Nadeau was asked if he wanted to be on the May 3, 2012 Agenda for the Lot Line Adjustment and he acknowledged that he did. Dr. Karpf stated that he would place the ad in the local paper if it was required by Town of Carroll Planning Board Regulation which he did not believe was required, however abutters were to be notified by certified mail. Andrew Nadeau acknowledged that as agent, CNL would be responsible for these costs.
The Public Meeting was closed at 8:35pm and returned to deliberation for planning Board secretary.