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Minutes of 11/29/2012 DRAFT

December 10th, 2012

TOWN OF CARROLL
PLANNING BOARD

MINUTES
November 29, 2012

DRAFT

Members Present: Chairman, Evan Karpf, Vice Chairman, Erik Bergum, Selectmen Representative, William Dowling, Members, Donna Foster, Ernest Temple and Richard Nelson. Also present was David Scalley.

7:00 PM Chairman Karpf called the meeting to order.

Chairman Karpf said this meeting was called to discuss the possibility of releasing Town Counsel’s e-mails to the public. He said since those e-mails fall under attorney client priviledge and are confidential, the Board needs to address this matter in a non-public session.

Mr. Dowling offered a motion to go into a non-public session for legal and confidential matters per RSA 91-A:3,II,j. Chairman Karpf seconded the motion. The secretary called the roll: Ms. Foster – yes, Mr. Temple – yes, Mr. Nelson – yes, Mr. Bergum – yes, Mr. Dowling – yes, Mr. Karpf – yes. The motion carries

7:03 PM The Planning Board moved into non-public session.

7:05 PM The Planning Board returned to public session.

Chairman Karpf explained that the Board has voted to release to the public, Town Counsel’s e-mails regarding bonding and specifically the bonding of the Hunt Properties LLC subdivision road. He said the Board is doing this because there is a lot of mis-information being heard by the public on the issue and to release these e-mails will show the facts and provide transparency.

Chairman Karpf said he would like to address the issue of the 90 day notice of cancellation of the bond relative to the Hunt Properties LLC bonding language. Mr. Dowling said the Town would need at the very least a 60 day notice of cancellation of the bond. Anything less than 60 days would not be enough time for the Town to act.


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Planning Board
November 29, 2012


Chairman Karpf said Town Counsel has consistently recommended a 90 day cancellation notice for road bonds and had sited cases in other towns that less than that became a problem. However, Chairman Karpf went on to say, the Planning Board can make its own determination.

Mr. Dowling offered a motion that the Hunt Properties LLC subdivision development bond include a 60 day notice of cancellation of the bond(s). Mr. Bergum seconded the motion.

Discussion: Chairman Karpf said any bond must be reviewed by Town Counsel. He said both State RSA and the Town’s subdivision regulations require a bond for a subdivision road. He said, in his experience, the Board has always required a bond.

The vote was 6 – 0. The motion carries.

Chairman Karpf directed the secretary to send a certified letter to Hunt Properties LLC notifying them that State RSA, Section 4.19 of the Town of Carroll’s Subdivision Regulations, and the Town of Carroll’s Town Counsel, all state that a bond is required for road construction in a subdivision. The secretary noted that the approval letter sent to the applicant (Hunt Properties LLC) on April 21, 2011 stated “No work is to be performed until the Surety Bond is posted with the Town of Carroll and all fees for Horizons Engineering are paid”.

Mr. Scalley asked under what authority are the correspondence being sent. He indicated that he is having issues with the bonding company with regard to what the Town requires. He said he was informed to correspond with the secretary via e-mail and found that to be insulting. He said other developments took place without a bond and sited the development where Ken Mills lives. Ms. Foster said the applicant is trying to comply. Mr. Scalley said he is losing money every day he’s not working and that he has stopped working. He indicated it is not easy to get a bond.

Chairman Karpf said the issue is, Mr. Scalley (owner of Hunt Properties LLC) needs a bond. It is stated clearly as of April 2011 that a bond was required. A bond was part of the conditions for approval of the subdivision. As Chairman, he (Mr. Karpf) follows the will of the Planning Board as they have voted. He has checked with LGC and Town Counsel regarding this (the role of the chairman). He read the Oath of Office. He said he must follow the laws of the State of New Hampshire and the Ordinance and Regulations of Town of Carroll. He continued saying, if the Board makes a ruling with conditions, those conditions must be met or, as noted by Town
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Planning Board
November 28, 2012


Counsel, the approval may be rescinded, but, he said, he doesn’t want the Board to do that. He added that he doesn’t want the Board to impose fines, which was brought up by the Code Enforcement Officer. He said the conditions on the Hunt Properties subdivision are no more or less restrictive than any other conditions placed on any other subdivision development approvals.

Mr. Karpf said as far as bringing every little thing to the Board before action is taken, such as a certified letter, correspondence with other town officials, etc., it would be impractical since the Board would have to post a meeting and since the Board made it clear they don’t want additional meetings, wait a month to address an item. He repeated, it would be totally impractical.

Chairman Karpf also told Mr. Scalley that the Board, with the input of Town Counsel, dictates what will be included in the bond, not the applicant.

Chairman Karpf offered to research bonding companies for Mr. Scalley and repeated that the issue is, Mr. Scalley needs a bond to work on the road and everything else is a distraction. Discussion continued on the above mentions points for some time.

Mr. Dowling offered a motion to adjourn, Mr. Bergum seconded the motion. The vote was 6 – 0. The motion carries.

7:43 PM Chairman Karpf adjourned the meeting.

Respectfully submitted,
Linda Dowling
Secretary
Carroll Planning Board