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Minutes of 1/3/2013 DRAFT

January 7th, 2013

TOWN OF CARROLL
PLANNING BOARD

MINUTES
January 3, 2013

DRAFT

Members Present: Chairman, Dr. Evan Karpf, Vice Chairman, Erik Bergum, Selectmen Representative, William Dowling and members, Kenneth Mills, Donna Foster and Richard Nelson.

Also present were, Andrew Nadeau and Michael Norman of Horizons Engineering, Hunter McCardle for Natural Retreats, Dana Bisbee of Devine Millimet, Claire Prosper of Perras Ace Inc., Joan Karpf, Paul Gamache, Taylor Guerin, Terry Dubriel, Michael Finn, Carol Alvarez, Austin Alvarez, Terry Penner, Michael Penner, Dick Hogan, Bill Bochynski, Philip Beaulieu of Headwaters Engineering, David Scalley, Connie Oliver, Al Oliver, Mary Fraelick, Rick Fraelick, Jere Eames, Mark Catalano, Ron Hill, Rosemary Hill, and Edith Tucker representing the press.

7:00 PM Chairman Karpf called the meeting to order. He introduced the members of the Board and the Secretary. He read the voter education announcement.

The Pledge of Allegiance was recited.

Minutes Review
Minutes of November 29, 2012

Chairman Karpf offered corrections; third page, second paragraph, “Mr. Karpf” should be “Dr. Karpf”, and at the top of the third page “November 28, 2012” should be “November 29, 2012”.

Mr. Dowling offered a motion to approve the minutes of November 29, 2012 as corrected. Mr. Bergum seconded the motion. The vote was 4 – 0 – 2. The motion carries.






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Planning Board
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Minutes of December 12, 2012

Mr. Mills and Mr. Bergum were not present at the December meeting.

Mr. Dowling offered a motion to approve the minutes of December 12, 2012 as written. Mrs. Foster seconded the motion. The vote was 3 – 0 – 3. The motion fails.

These minutes will be put on the agenda for the February 7, 2013 meeting.

Correspondence
Code Enforcement Officer’s Report

The Secretary told the Board she had not received a report.

Chairman Karpf told the members and public that the Board had received numerous, over 20, individual correspondence from the abutters and interested parties to the Natural Retreats project. They will be read by the members and put into the file.

Report of Officers and Committees
Master Plan Sub-Committee Report

Mr. Mills said there are three volunteers working to update the Master Plan. He has determined, after talking with North Country Council that it is a much larger project than he had originally anticipated. He said there were four options presented to him. The first was to have a private contractor do the Master Plan with a cost of about $35,000. The second option was to have North Country Council do the Master Plan at a cost of approximately $15,000. The third option is to have a combined approach with North Country Council and volunteers. And the fourth option would be an “all volunteer” approach. Mr. Mills did not recommend the “all volunteer” approach.

Mr. Mills told the Board that the Master Plan has not been updated since 1987. He said updating this Plan is a Planning Board’s responsibility. He said he will put a petitioned warrant article forth requesting $15,000 to do the update as he thought the window to submit a warrant article to the Selectmen had passed. Mr. Dowling said he would take the warrant article to the Selectmen. Mr. Mills distributed a packet of information to the Board and asked that they review it and support the warrant article.
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Planning Board
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Mr. Bergum offered a motion that the Planning Board send to the Board of Selectmen and support a warrant article for $15,000 for an update of the Town of Carroll Master Plan. Mr. Nelson seconded the motion. The vote was 6 – 0. The motion carries.

Unfinished Business
Applicant’s Guide

Chairman Karpf said this will be postponed to the February meeting due to the heavy agenda tonight.

Other Business (public comment)
Public Hearing – Hunt Properties, LLC, Map 207, Lot 36

Paquette Drive Bond

Chairman Karpf told the Board and public that the role of the Planning Board is to protect the Town’s interests and protect it as best it can from legal issues. He asked Mr. Nelson if he works for or receives any remuneration from Mr. Scalley, as he had heard that this was the case and if so Mr. Nelson may want to recuse himself from this project Chairman Karpf explained that Chapter 5 of the New Hampshire Statutes, states the Board can vote to ask a member to recuse himself, but even if the vote carries, the member in question is not required to do so. Mr. Nelson said, Mr. Scalley is a neighbor of his. He said he does Mr. Scalley favors on occasion however he receives no remuneration.

Chairman Karpf asked the Secretary if this public hearing was published and abutters noticed properly. She replied in the affirmative.

The public hearing was opened.

Discussion took place regarding what the bond was for and clarification was made that this bond was for the opening or cutting or digging across Paquette Drive, a Town road, to bring the waterline across to the first 20 feet of the to-be-constructed, Ruby’s Way.




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Chairman Karpf offered a motion that the Town of Carroll Planning Board accept and recommend to the Carroll Select Board to accept the bond from Ohio Mutual, Liberty Mutual Insurance Company, Bond No. 601046228 with the following conditions;
a. That the bond is for the required digging to access and connect to the Town of Carroll’s waterline and its extension onto 20 feet of the property owned by Hunt Properties, LLC. Tax Map 207, Lot 36. This digging and access point will be on the Town of Carroll roadway known as Paquette Drive.
b. That the connection and materials as well as the design be approved by the Town of Carroll’s Water Department and Horizon’s Engineering, the approved engineers for the Hunt Properties Subdivision as voted on April 7, 2011 Town of Carroll Planning Board meeting.
c. That the bond covers the repair of Paquette Drive to be equal to or better than the road’s condition prior to the digging for the waterline.
d. That the work in its entirety be completed no later than July 1, 2013.
e. That the Town of Carroll’s Select Board approve the work on Paquette Drive.
Mrs. Foster seconded the motion.

Discussion: Chairman Karpf clarified that the bond is for Paquette Drive not the subdivision road. He read the following correspondence from Teresa Dodge of the Hunkins & Eaton Agency, Inc.
“Hello Evan, Below is the e-mail I sent you on December 18th regarding te Street Opening Bond issued to Hunt Properties. Our understanding has been that the Town of Carroll required this bond in order for Hunt Properties to have DS Contractors open a portion of the road on Paquette Drive. The bond is to ensure that Paquette Drive is returned to its original condition upon completion of the work. I hope this will help with your vote. A copy of the bond is attached. Thank you Teresa Dodge.”

Chairman Karpf also read a correspondence from Chris Perrin, a Surety Underwriting Consultant for Liberty SuretyFirst. “Evan, Following up on our conversation, we, Ohio Casualty and Liberty Mutual, are not a market for subdivision bonds. I suggest you steer clients who are seeking these bonds to non-standard surety markets. Chris Perrin”

Mr. Scalley said the subdivision and street opening has been approved by the Water Department, Road Agent etc. and asked why this is in the motion because it already has been done. Chairman Karpf explained that he was advised by Town Counsel to be as specific as possible. He said a Town representative should be on site to see what is underground and that everything is done
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correctly. Mr. Bergum said he agreed with Chairman Karpf and said the conditions are appropriate.

Mr. Scalley asked who gave the authority to have Horizons Engineering inspect. Chairman Karpf said he did per the vote of the Board of April 7, 2011.

Mr. Scalley said that Horizons Engineering (costs) keeps adding up. Mr. Bergum told Mr. Scalley that the Planning Board is in a position to vote to recommend his bond and asked what Mr. Scalley’s problem was.

Mr. Scalley said he wants to make sure Horizon’s is not billing him. He said he already got a bill which was paid and he is afraid he will be billed again for the same work. The Board assured Mr. Scalley he would not be billed a second time for inspections already done.

Mr. Scalley said Chairman Karpf told him to stop work illegally. Chairman Karpf explained that it is the duty and responsibility of every Planning Board member who sees any work not being done that should be done or work being done that shouldn’t be or being done incorrectly, to tell the person responsible to stop work. He said this has been verified by Town Counsel.

Mr. Scalley said he wants Horizon’s Engineering taken off the conditions and to have Headwater Engineering do the inspections.

Chairman Karpf told Mr. Scalley that it was at Mr. Scalley’s request that the Planning Board withdrew Provan and Lorber and appointed Horizon’s Engineering as the Town’s third party reviewer. He referenced the minutes of the Planning Board April 7, 2011.

Mrs. Foster said the Regulations were vague in areas and processes. She said, it’s complicated and the Board has been working to clear it up.

Chairman Karpf said there has been extensive correspondence with the applicant, Mr. Scalley, and Town Counsel. The Board has made every attempt to work with the applicant going so far as to release e-mail correspondence between the Board/Secretary and Town Counsel on the bond issue. There have been numerous detailed certified mailing to the applicant on the matter.

Mark Catalano said he wanted to verify that the language satisfied the applicant’s needs and protects the Town.
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The vote was 5 – 0 – 1. Mr. Mills abstained explaining that he had been unable to attend meetings at which most of this was discussed.

Chairman Karpf directed the Secretary to send a letter to the Selectmen and the applicant regarding the vote and recommendation of the Planning Board to the Selectmen to accept the bond to open Paquette Drive with the conditions noted.

Ruby’s Way bond

Mr. Scalley continued to be dis-satisfied with the Board’s answers. Chairman Karpf asked Mr. Scalley if he (Mr. Scalley) thinks he needs a bond for his subdivision road (to be Ruby’s Way). Mr. Scalley said, “No”, he does not think he needs a bond. Chairman Karpf said State Law, RSA 674:36 and the Town of Carroll Subdivision Regulations and Town Counsel’s opinion all say a bond is needed to construct a subdivision road. The reason for this is, the road may one day, become a Town road.

Mr. Scalley said in the past, bonds were not required. Mr. Mills said, from personal experience with his road, which did not have a bond, it is in bad shape. A bond would have insured that the road was constructed properly and there would not be the deterioration the home owners are now experiencing. Chairman Karpf added, that this Board cannot be held responsible for previous Planning Boards’ decisions.

Mr. Scalley continued to be unconvinced saying that the Road Agent and Water Department approved it and he doesn’t see the need for a bond

Chairman Karpf offered a motion that Hunt Properties, LLC as per the Town of Carroll’s Planning Board Regulations and the State of New Hampshire RSA 676:36, obtain a bond for construction of Ruby’s Way and that the amount of the bond shall be determined by the Town of Carroll’s Engineers, Horizon’s Engineering, as voted on by the Carroll Planning Board on April 7, 2011 and the language of the bond shall be approved by Town Counsel. The cost of Town Counsel’s review and until final acceptance of the bond is made, all costs associated with the bond as well as the engineering fees, will be borne by Hunt Properties, LLC, Tax Map 207, Lot 46. And that issues disclosed by Horizon’s Engineering inspections be remedied.



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Chairman Karpf said this motion is intended to protect the Town.

Mr. Mills seconded the motion.

Discussion: Mrs. Tucker asked if Ruby’s Way exists. Chairman Karpf said approximately 150 feet of base road had been constructed when the applicant was notified he should not be working on the road without a bond in place. He said all the bond does is protect the taxpayers and the home owners of the subdivision.

Mrs. Foster said Mr. Scalley must follow the Regulations that were in effect at the time his subdivision was approved. Mr. Dowling said if the plat is not recorded, the applicant would be in a position that the bond is not required, however, he would not be allowed to sell any lots. Chairman Karpf clarified that if any applicant chooses, he may not get a bond, however, the consequences are that no plat would be recorded which would mean the subdivision does not exist. Even if approval is given, if the plat is not recorded it would mean the approval is rescinded. Since the plat was recorded for Ruby’s Way, a bond needs to be in place.

Mr. Catalano said that what the Chairman said is correct. Mr. Scalley could ask that the Board un-record the subdivision. No bond would be needed but he couldn’t sell any property and would have to re-apply for a subdivision under the Regulations in effect at the time he would re-apply for that subdivision.

Mr. Scalley asked if he will not be responsible to meet changes in the Subdivision Regulations voted on in 2012. He was assured that his approval of April 7, 2011 and the conditions and the Regulations in effect upon that approval are the ones he must comply with. If he would un-record his plat in an effort to not be required to get a bond – in order to sell anything, he would have to start over and re-apply for a subdivision under the Regulations in effect at the time he re-applies.

Mr. Bergum offered a motion to amend the original motion, changing the Tax Map to 207 and Lot 36 and RSA 674:36. Mr. Mills seconded the motion. The vote on the amendment was 6 – 0. The motion carries.




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The original motion now reads:
That Hunt Properties, LLC as per the Town of Carroll’s Planning Board Regulations and the State of New Hampshire RSA 674:36, obtain a bond for construction of Ruby’s Way and that the amount of the bond shall be determined by the Town of Carroll’s Engineers, Horizon’s Engineering, as voted on by the Carroll Planning Board on April 7, 2011 and the language of the bond shall be approved by Town Counsel. The cost of Town Counsel’s review and until final acceptance of the bond is made, all costs associated with the bond as well as the engineering fees, will be borne by Hunt Properties, LLC, Tax Map 207, Lot 36. And that issues disclosed by Horizon’s Engineering inspections be remedied.

The vote on the amended original motion was 6 – 0. The motion carries.

Philip Beaulieu of Headwaters Engineering said he is the engineer on the project and Headwaters should be the one doing the inspections since they are familiar with the design. Chairman Karpf said Headwaters Engineering is the design engineers and work for the applicant. The Town has appointed Horizon’s Engineering as the third party reviewer for the Town to protect the Town’s interests. Chairman Karpf said “with all due respect”, Horizon’s found deficiencies that Headwaters did not. He said, in recent times, the Town has always had a third party reviewer and named the Palmer Group subdivision and Dartmouth Brook as examples.

Mr. Scalley remained unsatisfied and said the Board members were puppets controlled by the Chairman. Chairman Karpf assured Mr. Scalley that each Board member was free to vote their conscience in every matter.

The public hearing was closed

Natural Retreats application for a subdivision – Tax Map 211 Lot 42

Chairman Karpf said the Planning Board has received at least 23 e-mails from abutters. He asked if the notices to abutters and postings and publishing had been done correctly. The Secretary said they had.

Chairman Karpf explained the process and the courtesy that is expected during the public hearing. All comments should go through the Chair..


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Mr. Bergum asked if the notarized letter from the owner authorizing Horizon’s Engineering as their agent, had been received. The Secretary said she had just received a copy but it was not notarized. Mr. Bergum noted that on the application the name of the owner was incorrect. The applications shows “CNL Income Properties, Bretton Woods, LLC” as the owner and it should be “CLP BW Development TRS Corporation”. These issues will be corrected before the February meeting.

Mr. Mills offered a motion to enter a public hearing. Mrs. Foster seconded the motion.

Discussion: Mr. Mills said it is good to begin a dialogue tonight. He said the public hearing will probably be continued to the February 7, 2013 meeting.

The vote was 6 – 0. The motion carries.

The public hearing was opened

Chairman Karpf said this project falls under Residential (Bretton Woods) Res 2. He read the permitted uses, commercial uses and noted the special exceptions regarding density and the Concept Plan from the Zoning Ordinance. He said all this is on-line but cautioned that there may be some errors and there have been some recent changes in the Regulations.

Hunter McCardle spoke for Natural Retreats giving an overview of their operation. He reiterated much of what was presented during the Consultation at the December 6, 2012. Some of the newer information is: Natural Retreats was established in 2005 in Manchester England. He said some cottages might be sold as “time shares” but the vast majority of the unit would be for 2 night stays; the US headquarters is in Charlottesville, Virginia; there is ongoing a feasibility study with CNL; they anticipate a 2013 construction start; the stable area would be renovated into 5 units, an office and vending area; there would be constructed a “community hall” where weddings and other functions could take place; the cottages would be 1200 – 1600 square feet with 3 bedrooms.

Michael Norman of Horizon’s Engineering went over the maps. It was noted that the cost of the project was estimated at $1,912,669.00.. Mr. Norman said Ray Lobdell, a sub-contractor for Horizon’s, did the soil mapping and he explained the present conditions. When asked about a buffer for the wetlands, he said it is based on avoidance with a 2000 square foot boardwalk. He said it is not within the floodplain. Mr. Bergum said DES would probably want a more
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comprehensive plan rather than a piecemeal approach. Chairman Karpf said the DES approval will be part of the Board’s final approval. Mr. Norman said they have filed for the wetlands impact and alteration of terrain.

Mr. Norman summarized the project as 50 units on 47 lots, 5 units in the stable building, 2 sets of 4 connected units and all other units being single units. The Bretton Arms road and Base Road are the access roads. The Bretton Arms road is a private road but has access easements.

Signage has not been added to the Plan at this time. The new State requirements for size of lettering must be taken into account.

132 parking spaces have been planned with 2 spaces per unit.

Mr. Norman summarized the maps, which will be available at the Selectmen’s Office for public inspection. Of special interest was, the drainage would be sub-surface and closed with treebox filters and minimal grading. There is 23 feet of traveled way – gravel, it is intended that clients will walk along the drive ways. All roads are 1 – 10% in grade. The water and sewer pipes will be below frost level at 6 ½ - 9 feet deep. The Town specifications will be followed for the roads.

There was a question regarding snow piling. There are no curbs and the ends of the hammerheads will be kept open but there is no designated place to pile snow at this time.

Mr. Bergum said the area was never intended for development according to the Bretton Woods Master Plan. Attorney Bisbee said, it is in the Concept Plan which supercedes Bretton Woods Master Plan.

The timing of the 5 phases of construction has yet to be decided. Horizons Engineering said they have made arrangements with the condo officials to make a presentation to the condo owners on a weekend when they would most likely be present.

Mr. Norman said there are 10 waiver requests attached to the application.

Chairman Karpf said this public hearing will be continued to February 7, 2013, at 7:00 PM at the Carroll Town Hall. No further notices will be sent, posted or published.


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Chairman Karpf offered a motion to accept the application as submitted for Natural Retreats with the conditions that a notorized letter from the owner authorizing Horizon’s Engineers to act as their agent and the correction/ amendment of the owners’ name be made to the application be made and to appoint Provan and Lorber as the Town’s third party reviewers and to authorize communication between Natural Retreats engineers and the Town’s engineers and also to authorize communication between Natural Retreats attorney and Carroll’s Town Counsel, the costs to be borne by the applicant. Mr. Bergum seconded the motion. The vote was 6 – 0. The motion carries.

Mrs. Foster asked how the manure would be handled as they anticipate moving the actual stables. Mr. Nadeau said that would be a separate application before the Board.

Chairman Karpf directed the Secretary to make the application available to the public in the Selectmen’s Office.

Mr. Bergum asked about the involvement of Celebration and Mike Burnetti in the project. He was told Mr. Burnetti was consulting with them in a limited way but has no financial interest.

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

9:50 PM Chairman Karpf adjourned the meeting.

Respectfully submitted
Linda J. Dowling
Secretary
Carroll Planning Board