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Minutes of 2/7/2013 APPROVED

March 14th, 2013

TOWN OF CARROLL
PLANNING BOARD

MINUTES
February 7, 2013

APPROVED

Members Present: Chairman, Dr. Evan Karpf, Vice Chairman, Erik Bergum, Selectman Representative, William Dowling, and members Donna Foster and Kenneth Mills. Also present were abutters and members of the public; Jay and Mary-Pat Gibson, Paul Gamache, Buffi Robins, Connie and Al Oliver, Lee and Carol Elwell, Austin and Carol Alvarez, Robert Nicoll, Rosemary Seedler, Gene Hulshult, Gloria and Marty Martin, Jere Eames, Mike and Kathy Shea, Mike Norman of Horizons Engineering, Dana Bisbee of Devine Millimet, Attorney Michael Ransmeier for Fairway Village, Hunter McCardle of Water Street Studio/Natural Retreats, Todd Querry of Hirtz Construction, David Scalley of Hunt Properties/DS Construction and Edith Tucker reporter for the Coos County Democrat.

7:00 PM Chairman Karpf called the meeting to order. The Pledge of Allegiance was recited.

Minutes Review
Minutes of December 12, 2012
Mr. Dowling offered a motion to approve the minutes of December 12, 2012 as written. Mr. Bergum seconded the motion. The vote was 4 – 0 -1. The motion carries.

Minutes of January 3, 2013
Corrections were offered. Mrs. Foster said, on page 5, 7th full paragraph, “bond” should be inserted before “Regulations”. Mr. Mills said on page 2, 1st paragraph under Report of Officers and Committees, sixth line down – there were three options not four.

Mr. Dowling offered a motion to approve the minutes of January 3, 2013 as corrected. Mr. Bergum seconded the motion. The vote was 5 – 0. The motion carries.

Correspondence
Code Enforcement Officer’s Report
Chairman Karpf said the report was available in the members’ meeting folders.


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NHDES Wetlands Bureau letter
Chairman Karpf said this was a Dredge and Fill application for the Mt. Washington Hotel Scenic Overlook on Route 302. He said this letter and application is available in the Selectmen’s Office in Town Hall.

Hunt Properties LLC
Chairman Karpf read the letter from Hunt Properties, LLC (attached) and said he will address it later in the meeting under Other Business.

CNL letter regarding Natural Retreats
Chairman Karpf said he had received seventeen e-mails from abutters regarding the Natural Retreats subdivision. He read a letter from Stephen K. Rice, CNL SVP and Managing Director (attached).

Unfinished Business
Applicant’s Guide
Chairman Karpf brought the Guide to the Board. He said this Guide is a living document and will be changed as needed. It is written with the intent to assist applicants through the Planning Board’s process. Town Counsel has reviewed it and any suggestions he has made have been incorporated into the document.

Mr. Bergum offered a motion to approve and adopt the Applicant’s Guide. Mr. Dowling seconded the motion. The vote was 5 – 0. The motion carries.

Chairman Karpf asked the Secretary to distribute the Guide to all departments and make it available to the public. (attached)

Continuation of Public Hearing
Natural Retreats application for Major Subdivision

Chairman Karpf explained the rules. Natural Retreats would be allowed to make their presentation after which the Planning Board members will ask any questions they may have. After the Planning Board, the abutters would be allowed to ask any question and make any


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comments. Chairman Karpf asked that questions and comments not be repeated. He also said no references be made to personalities or private individuals are to be brought into the discussion.

Hunter McCardle, speaking for Natural Retreats, said there have been some alterations to the plan as a result of contact with the Historical Preservationist. These changes are to the stables. He said he has also been working with the Department of the Interior for guidance. Other changes have been made as a result of a meeting with the condo associations.

Mr. McCardle said the intent is to have 1200 – 1600 square foot, three bedroom units, 47% of the areas to be left as open space and 50% as green space. One of the changes after the meeting with the Associations was to remove a street (Llyn Street) in the back of the 4 (duplex type) units to create a thirty foot buffer.

Mr. McCardle showed a slide of the side view of the proposed stables area. He said there would be an 8 foot retaining wall; the highest point would be 12 feet. This would be a new wall system, cobbled in appearance. Plantings would front the wall between the wall and Fairway Village.

Mr. McCardle spoke of the density of the proposed subdivision (2.49) which would be a mid-range relative to other subdivisions in the area. He said Phase I would include 22 cottages, 11 town homes, adaptive areas – 5 apartment units, a reception center and natural areas. In total there will be 28 units with common areas and parking. The overflow parking would also be in Phase I. Total parking would involve 2 parking spaces for each cottage and 32 overflow parking spaces for a total of 132 parking spaces.

Mr. McCardle said they are streamlining the phases from 5 to 2. He said the lighting would be minimal and comply with the Dark Skies standard. He said there will be no time shares.

Mr. McCardle said, in answer to a question, the largest building would be 20 X 80 feet. There would be 4 of these which would be 4 attached buildings a total of 8 units. Each unit would be 20 X 40 feet. The cottages would be stand- alone buildings. He said the cottages will have three bedrooms and would be used by a family or possibly three couples. A question regarding limitation of occupancy was asked. The Secretary was tasked with contacting the Fire Department to find out if there was a limit on the number of people who could occupy a three bedroom unit.


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Mike Norman of Horizons Engineering spoke for Natural Retreats. He said, Cambria Street will have porous pavement which is a change resulting from the Town’s Engineer,

Provan and Lorber’s review. He stated that Horizon’s Engineering, Natural Retreats’ engineering company, has started revising plans and done what the Town’s engineer has recommended. They still have two recommendations that they are working to comply with. He said the Wetland Application has been received.

Attorney Dana Bisbee for Natural Retreats said the Concept Plan approves a certain number of residential units and the Planning Board can allocate and shift uses. He advised the Board that there is a letter from CNL coming that will ask for a reallocation. Chairman Karpf said the Board will consult with Town Counsel on the interpretation of the Concept Plan and Master Plan. He said, the applicant would be responsible for those fees (Town Counsel’s)

A question regarding snow removal was asked. It was stated that the snow would be plowed to the hammerhead and removed from there. Chairman Karpf pointed out that the snow could not be removed from the site per the aquifer protection ordinance. This is one of the areas that the engineers are still working on.

Mr. Bergum said the Board has received 17 e-mails before tonight’s meeting and 24 prior to January’s meeting. He said there are six repeating concerns in these e-mails, They are;
1. the density is not in step with the surrounding adjacent land
2. the visual impact
3. loss of property value
4. the stress on the water and sewer systems
5. environmental and historical impact – disruption of wetlands
6. involvement of Charles Adams

Chairman Karpf interrupted saying he would allow no personalities in the conversation and this private person is not pertinent to the issue at hand. It is not appropriate to bring this person into the discussion. Mr. Bergum disagreed stating his listing of the person was due to previous performance and concerns of the abutters. He said it is a significant concern of the abutters.

Chairman Karpf said he would not allow it. Mr. McCardle said the person in question was a consultant only due to his knowledge of the area and has no other involvement in the project.

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Chairman Karpf said he has read every e-mail and listed concerns of abutters as well as points of his own. He said;
1. The project being completed which is why a bond is required
2. The first phase is completed before the next phase is started
3. Noise during the construction - He said there is a warrant article on this year’s ballot regarding start and stop times. He said if there is a problem with noise, the Selectmen can address it.
4. Legal Counsel if needed – at the expense of the applicant
5. Advice regarding the economic impact – restaurants, stores, etc.
6. Abutters concerns regarding decrease of property value would need an expert to document
7. Trails to be contiguous with other parts of the resort community
8. Wetlands issues – DES must sign off on the plan
9. Regarding the stables – it would be a benefit if the stables were moved as presently the manure drains into the wetland
10. Garbage – how will it be handled and by whom
11. Maintenance of trees and landscaping – who would be responsible
12. Fire Chief concerns;
a. Width of the roads
b. Who patrols – problem if there is double parking – no way for emergency vehicles to get around or pass another vehicle
13. What is the signage plan
14. Would Natural Retreats be the sole owner – the Town will never accept the road because it is not up to Town specifications
15. Lighting on the roads
16. Obtain an easement from the owners of Bretton Arms
17. Water service will be looped and connected to the existing system

Mr. Norman said there will be two water retention and filtration ponds. He said there is one area where they couldn’t do this and will put in a non-porous pavement in that area.

Abutters’ questions were;

Will Natural Retreats build all the units on its own? Chairman Karpf said there will be a requirement that bonding be put in place as an “insurance policy” that protects the Town, insuring the project will be completed. It is also State Law he said.


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An abutter noted that the entire area is a Natural Historical Landmark. Mr. McCardle said they are working with the Department of Historical Resources regarding the stables. He said the stables are in very bad shape and pose a huge liability as they are presently. It is not feasible to restore the “L” part of the stables. He said the owners are in the process of planning the removal of the stables in a way that has the least adverse effect. He said this will take several months. A Site Plan Review application will be submitted regarding the stables for the Board’s March meeting.

Attorney Bisbee said Horizons Engineering is working on a plan with CNL for a new stable location. He said two Federal permits are required. He said part of the process is to have Historical Resources be involved and also there is State and Federal review.

Another abutter questioned storm water and when the road freezes with a porous surface. Mr. Norman said they will use salt not sand on the porous concrete surface. He said the frost does not go down over 8 feet and the surface will not freeze. There is a study on porous surfaces and that was the conclusion. Chairman Karpf said, there is a Third Party Review, which is the Town’s Engineer and he will review this for the Town. He said the Third Party Review is also at the expense of the applicant.

Another abutter asked, how does the whole operation run? Is the rental through Natural Retreats? Do they have staffing and maintenance? The answer was, the first floor of the renovated stables building would be for office use. Everything would be run out of this area. Check-in would take place there as well as concierge. There will be a community building that would be open for rental for functions. The rental would be open to all not just the renters of the cottages. Also, in answer to one of Chairman Karpf’s points, the trail system would connect to the existing trails system.

Density was a common concern of a number of abutters. It was stated that it will be the strongest population of buildings. It was felt that with the traffic generated by the town homes and stables, there would not be a lot of land for the number of units being placed. Mr. Bergum concurred stating there are two parking spaces per unit but in reality the parking would be a disaster. He said in practical reality, there would be cars all over the place.


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Mr. McCardle said Natural Retreats traditionally rents to families. They have not had a problem of that nature in any of their resorts worldwide.

Attorney Ransmeier said he is representing the FairwayVillage abutters tonight. He said, a waiver has been requested by the applicant to be allowed a 600 foot roadway. He said he has had experience with houses on Class VI roads when emergency vehicle couldn’t get to the site of the need. He said this plan includes long, narrow, dead-end streets. It is an accident waiting to happen.

Another abutter asked about the rental pool. It was stated, 70% of the renter will be couples with 3 to 4 vehicles. Nobody will patrol and it will be difficult for (emergency) vehicles to get through. It was generally the opinion of the abutters that two spaces per family was not enough. Chairman Karpf acknowledged the abutters concerns and asked the applicant to address the matter of vehicles and parking.

Another area of concern voiced by abutters was the impact on the water and sewage facilities. Is there enough capacity to handle this additional usage? Mr. McCardle said Natural Retreats must submit a plan to the State and receive a permit. He said the additional subdivision units would not impact the current owners (on the two systems).

An abutter asked if they could receive financial reports from Natural Retreats in an effort to know if the company was finically viable and capable of completing this project. Chairman Karpf said he would read the regulations and requirements and have an answer at the next meeting; however it is a privately held company.

Regarding who will be responsible for maintenance, the Board can put conditions on any approval that a certain entity be responsible for plantings etc.

An abutter asked, what is the largest project Natural Retreats has done? Mr. McCardle said he will get that information for the March meeting.

Chairman Karpf explained the bonding process and read the applicable sections from the Subdivision Regulations. He described the bond as a pre-paid “insurance” protecting the Town and abutters.

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It was noted that all units will have a sprinkler system.

The time frame for completion is one year to 18 months for Phase I. The infrastructure costs will be approximately $2,000,000.00. They are not sure yet if the units will be pre-fab or modular (another type of construction).

Mr. McCardle said that Natural Retreats standards are on their web-site. He said they are very high standards.

Both Natural Retreats and the abutters are willing to work together to develop a plan that is satisfactory to everyone.

Chairman Karpf said this public hearing will be continued to the March 7th meeting. No further notices except the meeting notice will be made.

Hunt Properties, LLC letter

Chairman Karpf gave reasons for every question asked in the letter regarding the Invoice (second notice) from the Town for Third Party Review of the approximately 150 feet of subdivision road (Ruby Way) that was constructed thus far without a bond in place, by Horizons Engineering the Town’s engineer in the matter of the Hunt Properties, LLC Subdivision, Map 207, Lot 36.

Regarding paragraph one of the letter, Chairman Karpf read from the minutes of the April 7, 2011 Planning Board meeting; “At the last meeting the PLBD had asked that Provan & Lorber give a third party review on the subdivision. At the same meeting Dave Scalley asked if Provan & Lorber would give him a budget to do the review work before he gave them authorization. He also asked Horizons Engineering to do the same. Considering the two budgets he received, he informally asked the PLBD to go with Horizons. Based on his perceived response from the PLBD, he gave Horizons the job of the 3rd party review.”

Also stated in the April 7, 2011 minutes, “Evan Karpf said that at the last meeting, Dave Scalley and Headwaters Hydrology were instructed by the board to use Provan & Lorber. After Dave Scalley talked to Provan & Lorber and Horizons he requested that he be allowed to use Horizons as their quotes to do the review were almost half of what Provan & Lorber were charging. Evan said that the PLBD has a contract with Provan & Lorber. Dave said, regardless, the board

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should give people a choice and right now there is none. Evan said that is up to the board to take under consideration, Right now the fact remains, that the PLBD voted to have Provan &
Lorber do the review. It is dangerous to have the applicant change that decision on his own…………. Evan said the board would have to rescind the motion and make another motion to accept Horizons. If the board does not want to make this motion to accept Horizons, then Provan & Lorber will have to do the review for Dave Scalley.

Donna Foster made a motion to: rescind Provan & Lorber as the town’s engineers and accept Horizons Engineers in the Hunt Subdivision. Erik Bergum seconded and the motion passed unanimously”

Chairman Karpf also referred to the conditions set as part of the approval of the application for the Hunt Subdivision. The second condition is; “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.” Also, the last condition voted was; the developer will adhere to the Town of Carroll’s Subdivision Regulations accept where waivers are granted.”

Chairman Karpf also cited the minutes of the March 3, 2011 Planning Board meeting in which the following motion was made, “Erik Bergum made a motion to: have the town’s engineers review the subdivision at the applicant’s expense ……” the motion passed unanimously.

To the second paragraph of the Hunt Properties, LLC letter of January 31, 2013, Chairman Karpf again cited the previously noted minutes which contradicts the statement made in the Hunt letter.

Chairman Karpf also read from the Notice of Approval letter of April 21, 2011, in which the conditions stated previously were a part. Chairman Karpf also read from page 46, Section 5.03 (b), (c), (d) and (e) of the Town of Carroll Subdivision Regulations (adopted December of 1995, which summarizes the role and responsibilities of the Town’s Engineer, as the town’s third party reviewer. He also read Section 3.11 page 8 of the same Regulations regarding Review Fees; “Such fees may be imposed by the Board to cover fees and disbursements of consultants to the Board, including, but not limited to, engineering, surveyors, lawyers, and community planners. Such fees shall be paid or provided for in advance to the satisfaction of the Board.”

Chairman Karpf said the first invoice sent to Hunt Properties, LLC on March 28, 2011, and which was paid by the applicant was for review of Revised Major Subdivision Application and Plans by the third party reviewer. The invoice sent to Hunt Properties on December 10, 2012
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was for the third party review on December 12th and 28th, 2012, of the new construction that had taken place on the subdivision road (Ruby Way) sans any bonding. The second notice for the
December work was sent on January 29, 2013. Chairman Karpf said there was no error in the billing.

Chairman Karpf reminded the Board that at the September 12, 2012 meeting, Mr. Scalley’s request of a partial bond for the opening (cutting) of Paquette Drive.

Mr. Scalley said the Planning Board had over-stepped their authority regarding that matter. The bond has since been accepted by the Board of Selectmen, allowing Mr. Scalley to proceed with that cutting of the existing town road, Paquette Drive, to bring the water line across the road.

Mr. Scalley said he has to run the water pipe across Paquette Drive and needed to construct the subdivision road 20 – 50 feet to do that. Chairman Karpf asked why he would construct the road only to have to dig it up later and why did he construction +/- 150 feet of road? Mr. Scalley said that he intends to run the water pipe on the side of the subdivision road. He said the bond the town received was for both the street opening (cutting) of Paquette Drive and construction of Ruby Way. (Please see copy of bond attached)

Chairman Karpf said he contacted The Ohio Casualty Insurance Company now part of Liberty Mutual and additionally had spoken with Teresa Dodge the local agent. He has two documents stating, neither The Ohio Casualty Insurance Company nor Liberty Mutual, bonds subdivisions or infrastructures such as roads. He told Mr. Scalley that he needs to have a bond in place before he works on the subdivision road and after the bond is in place, Mr. Scalley will need to make the corrections found by the Town’s Engineer during the December inspections. He said that the Town’s Engineer will be making additional inspections as the project advances and he, Mr. Scalley the applicant/owner, will be billed for those services and responsible for those fees.

The Board discussed and re-affirmed their previous votes regarding this subdivision application, approval and conditions.

Mr. Scalley remained unsatisfied with the answers.




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Mr. Dowling offered a motion to adjourn.

Mr. Mills said he would like to discuss the matter further. Chairman Karpf explained for Mr. Mills, the information pertinent to the project from the beginning when the application was first submitted, the issues with Paquette Drive and the road opening (cutting) for a water line and the
absence of bonding for Ruby Way. (Mr. Mills had been unable to attend all the meetings relative to the Hunt Subdivision due to his work scheduling) Mr. Mills unsuccessfully tried to ascertain from Mr. Scalley what his problem was with the Board’s rulings.

Mr. Bergum seconded the motion to adjourn. The vote was 5 – 0. The motion carries.

9:45 PM Chairman Karpf adjourned the meeting.

Respectfully submitted,
Linda J. Dowling
Secretary
Carroll Planning Board

Town of Carroll, New Hampshire ®2024