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Minutes of 4/12/2012 DRAFT

April 17th, 2012

TOWN OF CARROLL
ZONING BOARD OF ADJUSTMENT

MINUTES
April 12, 2012

DRAFT

Members present where: Chairman, Joan Karpf, Selectmen’s Representative, Paul Bussiere, and David Ikasalo.

7:00 PM There being a quorum present, the meeting was called to order by Chairman, Karpf.

Vote on Secretary

Chairman Karpf offered a motion to hire Linda Dowling as the Zoning Board of Adjustment Secretary. Mr. Ikasalo seconded the motion. The vote was 3 – 0 and the motion passed.

Vote on Alternates

Chairman Karpf told the Board that pursuant to RSA 673:6, II,(a), the elected Board can appoint up to five (5) alternates for a three year term.

Chairman Karpf offered a motion to appoint Leslie Bergum as an Alternate. Mr. Bussiere seconded the motion.

Discussion: It was noted that Ms. Bergum had been a member of the ZBA previously for six years.

The vote was 3 – 0 and the motion passed

Chairman Karpf said the Board is now an elected Board but it is still not a full Board (of five (5) members). There are times when the applicant wants more than three (3) members (i.e. vote on a variance). For that reason:

Chairman Karpf offered a motion to appoint Linda Dowling as an Alternate. Mr. Bussiere seconded the motion.

Discussion: It was explained that the alternate can also be the secretary. Mr. Bussiere said he saw no conflict. Chairman Karpf said this would be for emergency situations only, to seat a quorum or when the applicant requested a Board of more than three (3).

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The vote was 3 – 0 and the motion passed.

Ms. Bergum was invited to sit on the Board as an Alternate Member.

Chairman Karpf formally congratulated David Ikasalo, and Howard Hoffman, who was unable to attend the meeting, on their election to the Board.

Minutes Review
Minutes of March 8, 2012

Mr. Bussiere offered a motion to approve the Minutes of March 8, 2012 Ms. Bergum seconded the motion.

Discussion: Ms. Bergum said she has in her notes something regarding Mr. Scalley stating he had met with Stan (Borkowski, Code Enforcement Officer) and Jeff (Duncan, Fire Chief) regarding codes, and she didn’t see that in the minutes.

Mr. Bussiere amended the motion to: approve the minutes of March 8, 2012 as amended. Chairman Karpf seconded the amended motion. The vote was 4 – 0 the motion as amended passed.

Continuation of Public Hearing
Hunt Properties, LLC

Tammy Dubriel was present for the Public Hearing.

Mr. Dave Scalley described the proposal. He intends to convert 18 motel units to 10 new, one and two bedroom apartments. The number of one bedroom apartments and two bedroom apartments will depend on the construction of the present building, where the fire walls are and the carrying beams, etc. This will be a mixed use building when the project is completed with a restaurant, motel units and apartment units. Mr. Scalley said that everything meets the criteria asked by the Zoning Board.

After discussion, Chairman Karpf said the Findings of Facts are:
1. The conversion stays within the footprint
2. There will be adequate parking
3. There will be improvement of landscaping
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4. There are two (2) entrances from Route 3
5. This will be a mixed use property with a restaurant, motel units (8 upstairs and 2 in the back) and apartment units
6. Lighting will stay the same with some exterior flood lights added
7. There will be a security system with cameras and alarms

8. This building is on a six (6) acre lot

Ms. Bergum said she has a letter from one abutter (Kathleen) Gianopoulous, who states she has no problem with the conversion.

Chairman Karpf read a letter from Scott Sonia, Water Department Supt., stating he believes there will be no impact on the water system due to the conversion. (attached)

Chairman Karpf stated she received a letter from the NH DOT regarding traffic in and out of the property. (attached) The applicant needs to apply for a change of use and driveway permit with them.

There were no further questions from the Board or members of the public.

7:17 PM Chairman Karpf closed the Public Heating
.
Discussion;
Mr. Bussiere said he has no issue with granting the Special Exception. He finds no impact on the character – it is an existing building and business and the conversion will probably improve the area. He said he believes traffic with be reduced.

Chairman Karpf offered a motion to grant the Special Exception for the following reasons:
1. Regarding capacity of existing or planned community facilities – it is not believed that the change from motel units to apartments will have a negative effect on the water department as stated from the Superintendent of that Department.
2. Regarding the character of the area – it is believed it will not reduce the value of surrounding properties. The upgrade of the landscaping will improve the area.
3. Regarding traffic on the roads – It is believed there will be no increase in traffic and might be a decrease. However, a condition will be added that the applicant meet the requirements of the NH DOT in applying for a change of use and a driveway permit.
Ms. Bergum seconded the motion.
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Discussion:
Mr. Ikasalo said he believes criteria one has been met. Regarding criteria two, the improvement in the landscaping, windows, siding and roof will be a significant improvement. As long as the applicant meets the condition, he is in favor of granting the Special Exception.

The vote was 4 – 0 to grant the Special Exception with the stated condition. The motion passed.

Old Business
Procedures
Election (of Board Officers)

Chairman Karpf explained that the appointed Board held election of officers in November. Now, the Board is elected in March. She is suggesting that the policy be change so the new elected Board can vote on the Officers for the next year. The election for chairman and vice chairman would take place in April.

Chairman Karpf offered a motion to change the procedure to reflect the election of Board officers be in April. Mr. Bussiere seconded the motion. The vote was 4 – 0 and the motion passed.

Mr. Ikasalo offered a motion to elect Joan Karpf chairman. Mr. Bussiere seconded the motion.

Discussion: It was explained that Mr. Bussiere as Selectmen’s Representative should not be an officer and Alternate members cannot be officers.

Mr. Ikasalo withdrew his motion and Mr. Bussiere withdrew his second. The Board tabled elections.

Application Process Procedure

Chairman Karpf explained that the updated procedure for the ZBA is, when the Board receives an application it goes directly to a public hearing. There was confusion regarding whether or not the Board should have a consultation. She contacted LGC and spoke with Attorney Connell. He will be forwarding a written answer however, in discussion with him, Chairman Karpf is under the impression that the ZBA does not have consultations like the Planning Board and that the Secretary should provide the applicant with enough information to fill out the application. The
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Secretary would be the person providing assistance and accepting the completed application. The Code Enforcement Officer would assist as necessary. Once the application is accepted by the Secretary, a public hearing would be set. At the public hearing the ZBA then would take the application request, gather more information if needed and go through the process for the Board to make a decision.

Updated applications will be in the Town Hall office. Extended discussion took place. Mr. Bussiere was concerned that there may be a conflict between the Secretary and Code Enforcement Officer. It was resolved that the Secretary would be the point person to receive the application and the Code Enforcement Officer would assist if the Secretary requested.

Ms. Dowling said the process would be, the Town Hall staff would contact her if an applicant came in. She would, if possible, come to Town Hall and meet with the person. If not possible, other arrangements will be made for a meeting. They would submit the application, she would review it with them for completeness and if complete she will stamp it received with the date and give them a copy of the front page with the received stamp. Any fees will be required at the time the application is submitted and a receipt will be given to the applicant.

Chairman Karpf said it is her understanding that the ZBA doesn’t have a consultation and doesn’t speak with the applicant before the public hearing regarding their application so the Board stays impartial.

Mr. Ikasalo clarified that the two requirements for an application are payment of the fee and a completed application.

Ms. Dowling said, there is also the requirement that the application be submitted in time to have the public hearing advertised in the newspaper according to the town’s policy and RSA.

Discussion took place regarding the Board’s requirement of a 10 day window when the RSA requirement is a 5 day window. If was felt, to benefit the applicant, the Board should change the policy to 5 days.

Chairman Karpf offered a motion to change the procedure to require all notices for public hearings be posted, mailed and published no less than 5 days before a regularly scheduled Zoning Board of Adjustment meeting Mr. Ikasalo seconded the motion.




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Discussion
It was noted that with the “no less than 5 day” requirement the actual deadline for submission of an application would be 14 days before the meeting due to the requirements of the newspaper for publishing in the proper timeframe.

The vote was 4 – 0 and the motion passed.

Other Business

Mr. Bussiere requested clarification of why a Special Exception was needed in cases like the one the Board heard and granted during this meeting. Chairman Karpf explained that it is due to definitions and permitted and non-permitted listed usage.

Ms. Bergum requested and received clarification of the term of office for an alternate appointment. Per RSA it is three (3) years.

Ms. Bergum offered a motion to adjourn. Mr. Ikasalo seconded the motion. The vote was 4 – 0 and the motion passed.

8:15 PM Chairman Karpf adjourned the meeting.

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