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Minutes of March 2, 2006
March 2nd, 2006
CARROLL PLANNING BOARD MEETING MINUTES
MARCH 2, 2006
Minutes taken by Marcia Rouillard, Planning Board Secretary.
Members of the Board Present: Chairman John Birknes, Bill Wright, Evan Karpf,
Connie Oliver, Charley Cohn
Members of the Public Present: Jay Ouellette, John Burt, Bonnie Moroney, Jim Covey, Doug Bews, Tom Gately, Gardner Kellogg, Colin Sutherland, Richard Boulanger
Meeting called to order at 7:03 PM
The Board reviewed correspondence.
The Board reviewed the February 2, 2006 Meeting Minutes. With one correction and an addition of a word to a sentence, Chairman Birknes requested a motion to accept the minutes.
Evan Karpf made a motion to accept the revised minutes and Connie Oliver seconded. All were in favor the minutes were passed unanimously.
Public Hearing was heard for Jay Ouellette and John Burt for Jay�s used car lot on Mr. Burt�s property which is located on Rte. 3 North. The Board reviewed the conditions set by the Zoning Board. Jay Ouellette said nothing would be done until the property was brought up to snuff. Chairman Birknes read from the Zoning Minutes of January 2006 the stipulations the Zoning Committee had set. Bonnie Moroney was concerned with the amount of cars and who controls the number. Jay explained he would only have 25 and if at any time Bonnie saw a problem she should let him know and he would take care of it. Evan Karpf asked what the consequences would be if he should ever have more than the 25 cars. Chairman Birknes said action would be taken by Stan Borkowski, the Building Inspector.
Jay Ouellette also let the Board and public know that Mr. Hoffman, neighbor of John Burt, would be putting up an 8� fence for them. Jay and the Board went over the landscaping again. The barn will be coming down and Jay plans on putting up a sign on the granite slab that will be remaining there. Jay went over the new maps he brought in for the Board and explained some of the changes from the original map he brought in back in September. Example; E on new map will take over 9 on old map.
Evan Karpf asked if Jay had the dimension for the signs yet. Jay said he did not, he would do what ever the Board wanted him to do. Chairman Birknes read section 406.h from the Zoning Ordinance: One (1) freestanding sign per lot, whose principal use is for commercial purposes, with not greater than one hundred (100) square feet of message area. Height of the message area shall not exceed fifteen (15) feet, with the total height, including structural supports, not to exceed twenty (20) feet. Height shall be determined by the height from undisturbed ground directly under the sign. Overall width, excluding structural supports, shall not exceed twelve (12) feet. On lots where only a single business exists, one (1) identifying wall sign and/or wall graphic is allowed, not to exceed ten percent (10%) of the area of the building face to which it is attached.
Illumination:
(1) No sign visible from a public street shall be permitted of the flashing, blinking or alternating type of digital type operating by alternating lighting giving information of a public service type message and/or advertising services or products.
(2) All illuminated signs shall be so arranged as to direct or shield the light away from public streets and adjoining structures.
(3) Signs may be illuminat4ed either by internal or external light sources.
(4) Signs, whether illuminated or not, shall not rotate, revolve or move mechanically in any way in whole or in part.
Evan asked Jay if he was requesting two (2) signs? Jay said that he was. Connie Oliver asked if one was for the hours of operation and day of week he would be operating? Jay said signs would have Monday through Saturday with the hours, telephone number and where to go on Rt. 115. Chairman Birknes asked if anyone had any questions. Doug Bews came forward with a copy for an old Twin Mountain Chamber Brochure, Minutes of August 4, 2005 Planning Board Meeting and some pictures of Jay�s Bumper to Bumper business and truck explaining Jay Ouellette was running a Excavating Business. This needs to be made aware of and taken care of. Evan Karpf asked how this matter relates to the Public Hearing? Mr. Bews said that this backs up claims of Jay Ouellette running an excavating business. This is an actual Chamber brochure showing he advertised an excavating business. Jay Ouellette said he had done a job on River�s Edge as a favor and in fact he had hired people to drive for him and he was compensated fully for the job. The fact is he mislead the boards. State law requires he goes before the Site Plan Review. He did not do this as a favor. He started this as an expansion of Bumper to Bumper business. I was penalized for the use of my property yet he still uses his. Jay�s truck�s are still parked at River�s Edge 2. Now he wants to open this business and who�s to say he won�t do what ever he wants. I�ve never lied to the board even though we�ve had our differences. You need to be aware of this with 25 cars then 30 then 50. Chairman Birknes said he remembers the hearing with the Planning Board. People may think that because it is brought before the Planning Board to be heard that the Planning Board enforces it also. We refer it to the Select Board to see that they enforce it. We now have an enforcement officer, Stan Borkowski, and as far as I know it was brought to his attention. Mr. Bews said Mr. Borkowski was aware and was not impressed at all. Evan Karpf told Mr. Bews he had every right to file a complaint with the boards Zoning and Select Boards. Chairman Birknes told Mr. Bews that he was out of order, there were several people here waiting to be heard and we need to cut this out now.
Bonnie Moroney asked the Board what happens if the business is sold years from now, can they just open up and do what ever they wanted to? Chairman Birknes said that if Mr. Ouellette sold the car business and Mr. Burt sold the building the business can open with the same stipulations. If dormant for one year or more then they would have to come before the board and start over again.
Chairman Birknes entertained a motion to approve with accordance with plans submitted and reineratiin the conditions that the Board of Adjustment had opposed but subject to us seeing the signs that are proposed to be put up there with the dimensions of the signs and what they entail.
Charley Cohn asked if Jay and Mr. Burt were to complete all the stipulations before any cars were brought on the property or just 2 or 3 then bring some cars on and finish the rest?
Jay said he would complete all the stipulations before he brought any cars on.
Chairman Birknes asked Mr. Burt if he was aware of all the conditions that had to be done such as, the barn would be taken down, main building would repair or remove loose flashing on roofline, repair drip edge, loose and missing shingles and clapboards and remove broken glass. Repair or remove anything loose or hanging that could be hazardous or a potential threat to safety. Proof of Insurance for commercial use will be supplied to the Town. Fence on the North side will be put up. All have to be done prior to opening up the business.
Evan Karpf motioned to accept with the stipulations as presented and to come before the board with the next month with the sign finalization.
Connie Oliver seconded. All in favor the motion carries.
The Board met with Richard Boulanager to go over Lot Line Adjustment for Brian and Teresa Mohr of Twin View Drive. Right now they enter through Jim Drummonds property to get to their property Map 205 Lot 27. The Mohr�s purchased Map 205 Lot 26 and are looking to put in a drive way to access their house.
Charley Cohn motioned to accept the application as submitted. Evan Karpf seconded. All in favor the application was accepted.
The Board met with Colin Sutherland to discuss weather we would allow a subdivision on Old Cherry Mountain Road. One because of it being a dead end road and two because it having a hammerhead at the end of it. Chairman Birknes was not knowledgeable of the road. He would have to ask the Road Agent if it was suitable in his opinion to be subdivided into 13 lots or not. Chairman Birknes asked Mr. Wright if he was familiar with the road. Mr. Wright knew it had been there for years and believes it is town maintained. We access from Rt 302 to Cherry Mtn. Rd. As long as the road seems adequate one way or the other I don�t feel there would be a problem. Mr. Wright thinks that the people that live on the road maintain the road in the winter. We will have Bill Rines and Jeff Duncan to check the road and get back to Mr. Sutherland. Until the Town accepts the road we can�t even plow it. Charlie Cohn feels the town should look at it and get back to Mr. Sutherland. A copy of the map will be given to Mr. Rines and Mr. Duncan.
The Board met with Gardner Kellogg . First discussion was Brian Badger property on Serenity Lane off of Evans Road. Mr. Badger still questioning if town maintain road. Mr. Kellegg explained that when Mr. Badger had gone to his attorney and the deed did say that a 50� strip was a right of way into his properties. Back along when the property went up for foreclosure and a Mr. Salvage purchased it, this strip was not included in the foreclosure. Mr. Badger�s attorney felt that the road was road frontage. Chairman Birknes felt it was something that should be addressed to the counsel and could be approved assuming the road is brought up to town speculations.
Mr. Wright asked if Mr. Badger only wanted 4 lots. Chairman Birknes thought there may be a problem. Mr. Kellogg said if he could only do 3 that would be fine. Chairman Birknes explained to Mr. Kellogg it may be to Mr. Badger�s benefit if his attorney contacts the Town�s attorney, Mr. Waugh, and discuss it further. Mr. Wright felt Mr. Badger should pay the expenses. Chairman Birknes agreed and said it shouldn�t be more than a couple of hours time. When it was settled he could come back and we could get things going for a public hearing.
Evan Karpf made a motion to accept as a 4 lot subdivision with the amendment put in that it may only be a three lot at the public hearing. Charlie Cohn seconded. All in favor the motion was accepted.
Mr. Kellogg presented a map of a subdivision on Route 3. There was no applications just wanted to show the board the plans. Location is across from Naturally New Hampshire.
Mr. Gately asked about Laila Fekey work that she has started at her business on Route 3, Naturally New Hampshire. Mr. Gately asked if bonds were posted for the work. He is very concerned where his land abuts hers. The town has let other business do work without bonds and has then cost the town thousands of dollars to do repair work. Evan Karpf asked the secretary to write a letter to the Building Inspector, Stan Borkowski, asking him to review the Planning Board decision to see if a bond had been required, that before a building permit is issued , check is received and the bond is posted.
Evan Karpf made motion to adjourn the meeting. Bill Wright seconded. All in favor the meeting was adjourned.