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Minutes of 12/12/2012 APPROVED
February 11th, 2013
TOWN OF CARROLL
PLANNING BOARD
MINUTES
December 12, 2012
APPROVED
Members Present Chairman, Evan Karpf, Selectmen Representative, William Dowling and members Donna Foster and Richard Nelson. Also present was David Scalley.
11:00 AM As there was a quorum present, Chairman Karpf called the meeting to order.
Minutes Review:
Minutes of December 6, 2012
Mrs. Foster offered an amendment to the minutes regarding the mailing back to the applicant (Hunt Properties) of the original Rider and the Bond. The bond document was not mailed back, it was the faxed copy that was mailed back.
Mr. Dowling offered a motion to approve the minutes of December 6, 2012 as amended. Mrs. Foster seconded the motion.
Discussion – Chairman Karpf said these minutes, with the Board’s action to accept and include the Flood Plan Requirement in the Subdivision and Site Plan Review Regulations, needs to go to OEP (Office of Energy and Planning). There is a January deadline.
The vote was 4 – 0. The motion carries.
Minutes of November 29, 2012
Mr. Nelson said he wants to review the audio tape before the Board votes on these minutes. The Secretary will check to see if there was an audio tape made and if there was, she will see if a copy can be made.
Correspondence:
Report of Officers and Committees:
Page 2 of 3
Planning Board
December 12, 2012
Other Business:
Chairman Karpf said this special meeting was called to address releasing the correspondence related to Town Counsel’s e-mail responses regarding the Hunt Properties bond specifically and bonding language as it should be written in the Subdivision Regulations.
Chairman Karpf offered a motion to release the correspondence related to the e-mail responses by Town Counsel regarding the Hunt Properties bond specifically and bonding language in general as it should be in the Subdivision Regulations. Mrs. Foster seconded the motion. The vote was 4 – 0. The motion carries.
Chairman Karpf gave the voted correspondence (11 pages) to Mr. Nelson and to the Secretary who later gave them to Mr. Scalley (to be billed at the Town’s rate of $1.00 per copy)
Mrs. Foster said she would like to discuss the e-mail received back from Town Counsel on the latest bond submitted by Mr. Scalley regarding the Hunt Properties Subdivision. Mr. Nelson said he questions the bond language as offered by Town Counsel.
Discussion ensued regarding the language of the bond as suggested by Town Counsel and voted to be included in the Subdivision Regulations on December 6, 2012.
Mr. Nelson offered a motion the accept the latest Hunt Properties, LLC bond submittal as is and forward it to the Board of Selectmen for approval. Mrs. Foster seconded the motion. The vote was 2 – 2. The motion fails.
Further discussion took place. Mrs. Foster and Mr. Nelson questioned if the applicant must comply with regulations which were not specifically written in the Subdivision Regulations at the time his subdivision was approved. Chairman Karpf said it has always been in the Board’s authority to consult Town Counsel on any matter. He said Town Counsel’s opinion on this matter is that it would be irresponsible for him (Town Counsel) to advise the Board to accept the latest submitted bond as written.
It was noted and agreed by all that the Subdivision Regulations needed to be more clear and the Board had addressed that and updated the wording regarding the bonding according to Town Counsel’s recommendation on December 6, 2012.
Page 3 of 3
Planning Board
December 12, 2012
Further discussion ensued.
Mrs. Foster offered a motion to forward the bond from Hunt Properties, LLC, as written, to the Board of Selectmen, along the letter from Town Counsel, for their approval with the recommendation for the following condition:
If the work as detailed in the bond is not completed 30 days prior to the 60 day notification of cancellation then the Board of Selectmen request an extension of the bond (as is allowed in the bond) for a period of not less than 6 months from ending date of 9/10/2013 to no more than 12 months from that date as needed to ensure completion of described work in the current bond. If Hunt Properties, LLC can guarantee that the work will be completed, duly inspected and approved by the Code Enforcer, Road Agent, Water Department, and Fire Department, that this request will be waived. Mr. Nelson seconded the motion. The vote was 2 – 2. The motion fails.
Further discussion took place with Mr. Scalley entering into the discussion.
Chairman Karpf offered a motion to adjourn. Mr. Dowling seconded the motion. The vote was 2 – 2. The motion fails.
Mr. Nelson left the meeting. There being no quorum, the meeting ended at 11:45 AM.
Respectfully submitted,
Linda J. Dowling
Secretary
Carroll Planning Board