Town of Carroll, New Hampshire

• Town Services
• Town Meeting Minutes
• Planning Board/ZBA
• Applications & Forms
• Town Clerk/Tax Collector
• Map
• Home

Minutes of Town Board Meetings

• Planning Board
• Board of Adjustment
• Select Board
• Budget Committee
• Building Committee
• Energy Commission

Minutes of 5/10/2012 DRAFT

May 24th, 2012

TOWN OF CARROLL
ZONING BOARD OF ADJUSTMENT

MINUTES

May 10, 2012

DRAFT



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

Role call of members present was called by the Secretary. Members present where: Chairman, Joan Karpf, and members David Ikasalo, Howard Hoffman, Paul Bussiere and alternate member Leslie Bergum.

Also present were Katrina Threlfall, Terry Threlfall and David Scalley.

Minutes Review
Minutes of April 12, 2012 Non-Public Session
Mr. Ikasalo offered a motion to approve the minutes of the April 12, 2012 non-public session as written. Chairman Karpf seconded the motion. The vote was 3 – 0 – 2. The motion passes.

Minutes of April 12, 2012
Corrections to the minutes were:
On page 2 the vote was 3 – 0 – 1.
On page 3 a typo, “heating” should be “hearing”
Mr. Bussiere offered a motion to approve the minutes of April 12, 2012 as corrected. Mr. Ikasalo seconded the motion. The vote was 3 – 0 – 2. The motion passes.







Page 2 of 5
ZBA
May 10, 2012


Public Hearing
Terry Threlfall, Jr. Map 410 Lot 28 Lennon Road – Application for variance from Article II Section 303.5 side set backs on a non-conforming lot in a Rural zone.

7:06 PM Chairman Karpf opened the public hearing.

The Secretary told the Board that she made an error in the notification of abutters due to confusion regarding Lot 28. Upon discovery of the error the correct abutters were notified by certified mail but that mailing did not fall within the timeframe for such notification for this meeting. The abutters will have notification in time for the June 14th meeting and this will correct the error. The Secretary apologized to the Threlfalls and the Board for the error and any inconvenience caused. Chairman Karpf clarified the correct Lot 28 on the map.
All other postings and the newspaper publishing of the notice were done as required. The application was deemed complete by the Secretary and Mr. Threlfall brought a copy of his deed to the property as requested by the Secretary.
Mr. Threlfall told the Board the lot is narrow and the camp will be 14’ X 20’. There will be no electricity or water to the camp. He described a wish to be able to use the camp in the winter time. He told the Board he feels this request for variance is within the spirit of the code. He said the lot was sub-divided in 1977 before the zoning code went into effect. He said there will be no septic and no water. Everything will be “carry in – carry out”. There will be no foundation. The camp will be on sona tubes. The 14’ X 20’dimensions include the porch. There is a camper on the property now but it has been vandalized. He is looking for a permanent structure that he could heat for winter use.
The width of the railroad property is 48.67’ from the center line or a total of 99’ across.
Carter Brook is behind the proposed camp about 900’.
The front set back to the camp will be 53’ and meets the requirement of 40’ from the road. Because of the lay of the land and to get above the frost, Mr. Thelfall plans to use sona tubes and have no foundation. Chairman Karpf said there is no requirement to have a septic system if there is no water to the building.
Mr. Threlfall said there will be a loft for the second floor. The camp will have a gambrel roof. He is aware there is a height restriction and will bring the actual height to the June meeting.
Mr. Threlfall said the hardship is with the shape of the lot. He was aware of the dimensions when he bought the land about a year ago.

Page 3 of 5
ZBA
May 10, 2012



There being no further questions from the Board, no other comment from the public or applicant, the Public Hearing was continued until June 14, 2012 when the abutters will have been notified and given a chance to speak. The Board will then deliberate and may make a decision.

Other Business
Election of Officers.
Chairman Karpf said she received verification on Mr. Bussiere’s status with the ZBA. She told the Board that there is no Selectman’s Representative position on a ZBA and Mr. Bussiere is a regular full member. As such he can be an officer on the board.
It was noted that an Alternate member cannot be an officer.
Mr. Bussiere said he does not want to be Vice Chairman. Mr. Ikasalo said he doesn’t feel that he himself is ready to be Vice Chairman.
Mr. Ikasalo offered a motion to elect Mr. Hoffman as Vice Chairman. Mr. Hoffman declined. Mr. Ikasalo withdrew his motion.
The issue was tabled.

Application for appointment
Chairman Karpf read a request for appointment to the ZBA from David Scalley. She also read RSA 673:12 – Filling of Vacancies. Mr. Scalley told the Board he feels he has experience that would be an asset to the Town. Mr. Bussiere asked if Mr. Scalley was ready to make the commitment for a year to which Mr. Scalley answered yes. Chairman Karpf asked Mr. Scalley why he hadn’t run for election in March to which Mr. Scalley replied that his workload had shifted and he finds that now he has the time to commit to the Board whereas he didn’t in March.
Chairman Karpf asked about Mr. Scalley’s experience. Mr. Scalley replied that he is licensed in three states as a contractor, he is aware of what is required and appropriate during the building phase of construction and that his experience in construction goes back to 1982.
Mr. Bussiere told the Board that he has found Mr. Scalley to be extremely professional and careful and in his experience, extremely helpful. Chairman Karpf told the Board she is not in favor of this appointment because she feels Mr. Scalley was very unprofessional at a recent Selectman’s meeting. She said the ZBA is a judicial board rather than a construction based board. She explained that the ZBA must be objective and preserve people’s rights.
Mr. Ikasalo told the Board he feels that Mr. Scalley is entitled to consideration and a vote. Mr. Ikasalo suggested the vote be by secret ballot.

Page 4 of 5
ZBA
May 10, 2012



Mr. Bussiere expressed the view that the members should perform above the possibility of repercussions although he understands frustrations, he advised adjusting to address problems. He also said that it is important that the Board doesn’t turn people away from trying to volunteer because of previous situations. He agreed that the ZBA is a quasi-judicial board, subject to rules and laws and he said he felt it could be a learning experience for Mr. Scalley.
Mr. Ikasalo said he agrees. He said he is neutral and putting personal experience aside and trying to be open minded. He said he is trying to make the town better. He said he feels Mr. Scalley would get a fairer vote by secret ballot. He said he commends Mr. Scalley for applying for appointment but also feels that there could be repercussions after the vote and that is why he wants the vote by secret ballot.
Mr. Bussiere said he has no problem with a secret ballot as long as the Board handles all requests for appointment by secret ballot. He said this elected board is new so the members are feeling their way along as it is new territory as far as policy and procedures.
Mr. Scalley said he doesn’t hold a grudge and has no problem with a secret ballot.
Chairman Karpf said she has no problem with a secret ballot policy and has no problem with people volunteering. She would agree to a secret ballot vote policy if it made the members more comfortable. She also told Mr. Scalley if he was not appointed he has the right to re-apply for appointment and to run for election.
A secret ballot vote was taken. The results were 3 NO (not to appoint) and 1 YES (to appoint) The vote was against appointment of Mr. Scalley.

Other Business
Review of updated Fee Schedule
The Secretary told the Board that as she was inputting the Rules of Procedure she learned that Notices of Decision must be made to the applicant by certified mail. This cost was not reflected on the Fee Schedule. She added this fee to the updated one.

Review of updated Rules of Procedure as amended
The updated Rules of Procedure known as Draft 1 were scrutinized and discussed in length. One topic of discussion was terms of office and what member’s term was ended when. It appears that Mr. Hoffman’s term is for one year (as elected) and expires in 2013. Chairman Karpf and Mr. Bussiere were both appointed and their terms will expire in 2014 at which time those seats will become filled by election. Mr. Ikasalo was elected to a three year term which will expire in 2015. Ms. Bergum was appointed as an alternate by the Board and requested a one
Page 5 of 5
ZBA
May 10, 2012



year appointment. Ms. Dowling was appointed as an alternate for a three year term. Neither Ms. Bergum nor Ms. Dowling have taken the Oath of Office as of this meeting and did not vote on any issue.
Protracted discussion took place regarding the right of an applicant to have his appeal heard by a full board as opposed to a quorum. A three member quorum would have to decide unanimously for an appeal per RSA, for it to be granted. The question was, what are the implications if a full board, even with alternates, cannot be seated. The secretary was tasked with contacting LGC for an opinion.
After more discussion and many revisions,
Mr. Bussiere offered a motion to amend the Rules of Procedure and bring them up for further discussion at the next meeting. Mr. Hoffman seconded the motion. The vote was 4 – 0 – 1. The motion passes.

Mr. Bussiere offered a motion to adjourn. Mr. Hoffman seconded the motion. The vote was 4 – 0 – 1 . The motion passes.
.
8:55 PM Chairman Karpf adjourned the meeting.

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

Town of Carroll, New Hampshire ®2024