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Minutes of 3/7/2013 APPROVED

April 8th, 2013

TOWN OF CARROLL
PLANNING BOARD

MINUTES
March 7, 2013

APPROVED

Members Present: Chairman, Dr. Evan Karpf, Vice Chairman, Erik Bergum, Selectman Representative, William Dowling, and members of the Board, Donna Foster and Kenneth Mills.

Also present were, Scott Sonia, Water Department Superintendent, Leslie Bergum, Conservation Commission member, Joan Karpf, Chairman of the Conservation Commission and ZBA, Tara Bamford and Job Krebs from North Country Council, residents William Rines and David Scalley and member of the press, Edith Tucker.

5:30 PM Chairman Karpf called the meeting to order.

The Pledge of Allegiance was recited.

Master Plan Sub-Community – Community Visioning

Chairman Karpf said this early part of the Planning Board meeting was for the Master Plan Sub-committee and introduced Mr. Mills as the leader of the sub-committee.

Mr. Mills introduced Ms. Bamford and Mr. Krebs, of North Country Council, who explained that this would be a “Community Visioning” effort to gather input from the community regarding how the it wants the Town to move forward. She said the number one duty of a planning board is to guide the development of the municipality through the use of their Master Plan. She explained that zoning ordinances, site plan review and subdivision regulations, along with capital improvement plans are all based on the Master Plan.

Ms. Bamford’s report of this meeting is attached.

Ms. Bamford’s report is attached.



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7:00 PM Chairman Karpf called a short recess.

7:10 PM Chairman Karpf called the regular session of the Planning Board meeting to order.

Members present were; Chairman, Dr. Evan Karpf, Vice Chairman, Erik Bergum, Selectman Representative, William Dowling, and members of the Board, Donna Foster and Kenneth Mills.

Also present were; Abutters and interested parties; Allen Strasser, Marjorie Poche, Buffi Robbins, Jere Eames, Richard Gaton, Austin Alvarez, Anne Keyser, Michole Penner, Terry W. Penner, Dgreic Alled, Sis Bergeron Allen, Peter Wyatt, Les Apple, Mary-Pat Gibson, Kevin Callahan and Attorney Michael Ransmeier for the Fairway Village condo owners, Michael Norman, Attorney Dana Bisbee, Ian McKee, Neil McAllister, Kelly Macaskill.for Natural Retreats and member of the press, Edith Tucker.

Chairman Karpf updated those present regarding the previous Master Plan sub-committee’s Community Visioning part of the meeting. He encouraged those present to participate in the process of the updating of the Master Plan. He said the Concept Plan will be coming up for review next year and that review figures into the Master Plan.

Minutes Review
Minutes of February 7, 2013

Mr. Mills made a correction to page 6, 4th paragraph, last sentence, “Kopt” should be “Karpf”.

Mr. Bergum offered a motion to approve the Minutes of February 7, 2013 as corrected. Mr. Mills seconded the motion. The vote was 5 – 0. The motion carries.

Code Enforcement Officer’s Report

Chairman Karpf said the Code Enforcement Officer’s Report was in the members’ meeting folders for their information and was posted on the bulletin board.




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Unfinished Business
Continuation of Public Hearing – Natural Retreats Subdivision Application

Hunter McCardle of Natural Retreats/Water Street Studios introduced Ian McKee, Neil McAllister and Kelly Macaskill, all of Natural Retreats, Attorney Dana Bisbee of Devine Millimet and Michael Norman of Horizons Engineering, agent for Natural Retreats.

Mr. McCardle said Natural Retreats (including their agents) have re-evaluated their plan with the concerns received from the abutters and other interested parties in mind. There have been significant changes to the original plan. The plan updates reflect those changes especially to the stable area, reflecting concerns regarding the view. The new plan shows changes to the “L” part of the stables, increase of open space and the buffer between the stables and Fairway Street. He said, the new plans reflect staying at grade with a forty foot buffer which is a major change behind the stables building.

Also, he continued, units 38 through 45 would be eliminated and there will be only unit 38 and unit 46. The “L” of the stables would stay containing 8 units. The grade (between the back of the stable and Fairway Street) is dropped 8 feet from the previous plan.

Mr. McCardle described the porous pavement and areas of grass pavers that can be used for vehicular traffic but have the appearance and substance of grass areas.

Mr. McCardle spoke of parking and other changes made. He described 21 parking spaces for the stable area (2.32 per unit). He described additional space on curves. He said, in response abutters concerns last month, the hydrants/water system would be looped. He said they will add grass pavers with a gate for emergency access which would give three points of access to the subdivision. Regarding snow storage, there will be no “snow dumps”. The snow will be plowed to the ends of the roads. Regarding the trails system, there will be on the updated plans, four points of connection. Regarding the wetlands, all the permit applications have been filed and they are presently going through the process. The stables, being an historical building, are also going through a process to meet state and federal guidelines as well as historical regulations. He said, road signs are now on the plans. Regarding lighting – there will be no street lighting. Only signs and the paths to the units will be lighted. They will conform to the Dark Skies compliance regulations. The water and sewer facilities have been found to be well able to handle the

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Increase demand. Regarding maintenance and operations – the garbage will be disposed of in bins at the stable area and a sub-contractor will be hired for disposal. The snow plowing will also be done by a sub-contractor. Parking and occupancy concerns will be handled via the rental agreements. There will be limits as to the number of vehicles allowed per unit. The landscaping and building maintenance will also be sub-contracted. The roads will be 22 feet wide which will allow emergency vehicles to get around another vehicle. He said there will always be someone “on duty” to manage the facility and make sure the roads are clear.

Chairman Karpf noted the fact that these new plans had just been given to the Board and the members had not had time to study them. Attorney Bisbee (representing for the applicant) stated that Natural Retreats and Horizons Engineering realize that these updated plan got to the Board late. He said, “the applicant agrees to the continuation of the application to April 4th (2013)”. He also stated that the Town’s third party reviewer did good work as he received the updated plans yesterday (March 6, 2013) and worked to turn it around for today.

Attorney Bisbee asked about the construction hours that are in a warrant article for the March 12th election. Chairman Karpf said they will have to wait until the results are in to see if there will be an impact..

Chairman Karpf read the correspondence from Attorney Ransmiere (attached) and also the letter from CNL (attached) which put forth differing interpretations of the densities and reallocations of units/mixed uses/dwelling units etc. stated in the Concept Plan. Attorney Bisbee also had an opinion. Attorney Bisbee was asked to forward his written opinion to the Secretary (to be attached) who will then forward all three letters to Town Counsel for review asking his opinion and advice as to how the Planning Board should proceed. Mr. Bergum noted that there are significant conflicts between the attorneys’ letters. Attorney Ransmiere said it is not just a simple reallocating. Ratios must be adjusted.

Mr. Bergum offered a motion to have the Town’s legal counsel review and give opinion of the three letters. Chairman Karpf seconded the motion.

Discussion- It was the consensus of the Board that neither Attorney Ransmiere, Attorney Bisbee nor the attorney for CNL, contact Town Counsel. It was also agreed that Town Counsel, Bernie Waugh, could contact any of the attorneys if he saw fit. Town Counsel will

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March 7, 2013

be asked to respond as soon as possible. The cost of this review by Town Counsel shall be borne by the applicant.

The vote was 5 – 0. The motion carries.

Discussion turned to addressing of the waivers requested.

Section 4.14 Street Design
d) Waiver #1 requested : Streets shall extend to the boundary lines of the tract to be subdivided, unless prevented by topography, physical conditions or deemed unnecessary or undesirable by the Board. Waiver requested for Llyn, Cumbria, Cheshire, Caithness and Argyll Streets. Lynn Street removed from plans. "Grassed Paved Surface" and "Breakaway Gate" added to sheet 5B, 7B and 10 at the east end of Argyll Street. Recommend presentation of same on the Subdivision Plan with a note referencing a proposed access easement for connection to the Hotel Service Entrance. Recommend approval with findings that public safety is not compromised, conditions are unique to the property and a hardship to the owner would otherwise result, as identified by applicant.

Mr. Norman said Horizons Engineering is presently working with DOT and Provan and Lorber to address the issues. If changes must be made, they will be made.

j) Waiver #2 requested: Except where it is impractical due to the land, street shall intersect so that within 75 feet of the intersection the street lines are at right angles and in no case 75 degrees. Recommend approval with findings that public safety is not compromised and conditions are unique to the property, as identified by applicant and applicant's engineer. Waiver # 7 identifies additional information on proposed street intersection angles.

j) Waiver #11 requested 3-6-13: The grade within 100 feet of an intersection shall not accede on percent. See 4.17 A.5 which requires a maximum of 2% grade within 50 feet of an intersection

After some discussion Mr. Norman again said, he is planning to work with Provan and Lorber and will make changes if needed.

k) Waiver # 3 requested: Multiple intersections of more than two streets shall be prohibited. Four–way intersections shall be avoided on all local and minor collector streets.
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Waiver requested for the intersection of Cheshire and Caithness. Streets. Recommend approval with conditions that stop signs be installed and maintenance on upper (east) Cheshire Street,
lower Chester Street (to Cumbria Street), Argyll Street and Cambria Street, elsewhere as needed, and that the speed limit be posted on site and enforced by the owner. Recommend findings that
public safety is not compromised and conditions are unique to the property as identified by applicant and applicant's engineer.

Mr. Norman stated he is okay with the conditions and agrees.

m) Waiver #4 requested: Permanent dead-end streets should not exceed 600 feet in length and shall terminate in a turnaround 100 feet in diameter with a paved area 80 feet in diameter. Waiver requested for Caithness Street, 1,269 feet long, referencing three locations along its length and one at its terminus to turn around. Recommend approval with findings that public safety is not compromised and conditions are unique to the property, as identified by applicant and applicant's engineer.

Mr. Norman said he is okay with this plus they are adding grass pavers.

Section 4.15 Road Regulatory Signs
Recommend notes – “No Parking in Roadway” sgns on sheets 5A and 5B be revised to “Vehicles Parked in Roadway will be Towed at Owner’s Expense”.

Mr. Norman said regarding Section 4. 15, Horizons Engineering, will comply.

A2 Waiver #5 requested: Right-of-way – All street right-of-ways (ROW) shall be a minimum of 50 feet or greater. Waiver requested for parts of Llyn, Cumbria, Cheshire, Caithness and Argyll Streets to a minimum of 25 feet. Llyn Street removed from plans. Recommend denial. Plans show different ROW width: Cumbria ROW is 30 feet on subdivision plan and 40 feet on sheet 5A. Argyll ROW is 25 feet on subdivision plan and 35 feet on sheet 5B. Applicant has not provided plans for proposed electrical, street lighting, telephone and cable television utilities and has not demonstrated that the ROW is of sufficient width to construct and maintain utilities. Recommended minimum ROW width of 10 feet beyond the curb or proposed utilities, whichever provides the greater ROW width, on each side.


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Mr. Norman said, they have made the changes requested to the plan but they were not transferred to the latest updated plan yet. He said the plan will add 10 feet along all rights of way for this utility easement on both sides of the road.

A3 Waiver #6 requested: Alignment – Minimum curve radius no less than 125 feet for a local or remote 250 feet for a collector street. Waiver requested for parts of Cumbria, Cheshire, Caithness and Argyll Streets. Recommend approval with findings that public safety is not compromised and conditions are unique to the property, as identified by applicant and applicant's engineer. See Waiver #9 for recommendations.

Mr. Norman said they have widened all the radii of the curves – not the centerline..

A4 Waiver #7 requested: : Intersecting roadways-Roads shall intersect at 90 degrees for a minimum of 50 feet, unless specific circumstances warrant differently. No street shall intersect less than 60 degrees. Waiver requested for Cumbria Street and Yorkshire Square intersection of 86 degrees, Cheshire Street and Yorkshire Square intersection of 62 degrees, Cheshire Street and Caithness Street intersection of 83 degrees, and Argyll Street and Caithness Street intersection of 85 degrees. Recommend approval with findings that public safety is not compromised and conditions are unique to the property, as identified by applicant and applicant's engineer.

Mr. Norman said he is okay with the recommendation.

A4 Waiver #12 requested 3-6-13: Intersecting roadways shall have a transitional area at all corners to accommodate turning movements to a radius of 30 feet. Applicant did not identify the locations, most of which occurred near the turnaround and the end of the road. Recommend denial, see Waiver #9, below.

Mr. Norman said there is a 30 foot radius. He said his research indicates 30 feet would be plenty of room. However, he said he will work with Provan and Lorber and make changes if he must.

A5 Waiver #8 requested: Grade – A maximum of 2 percent grade will be allowed within 50 feet of an intersection. Waiver requested for 7 intersections. Lynn Street removed from plans. Recommend approval of the waiver for the 5 intersections of 3 point 5% and less with findings that public safety is not compromised and conditions are unique to the property, as identified by applicant and applicant's engineer. Waiver requested for 5 percent for Caithness Street
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intersection at Base Road referencing this as an NHDOT requirement. Recommend denial of waiver request. Typically NHDOT requires an apron slope of 2% for a minimum of 15 feet from the edge of pavement for drainage. The 5% requested may be an NHDOT maximum slope for a
downhill approach to that apron. Recommend approval of Caithness profile on sheet 9 as submitted that identifies a grade of 2% for 100 feet from Base Road.

A5 Waiver #13 requested 3-6-13: Grades of all streets shall not be less than 1.0%. Waiver requested for a portion of Cambria Street that is 0.5%. Recommend approval as the Cumbria profile on sheet 9 indicates the length of road that this waiver is requested for is only 1.08 feet.

A7 Waiver #9 requested: Construction specifications - Shoulders: Roads shall have 4 foot shoulders. Waiver requested to reduce shoulders to 1 foot where there are curbs. The details on sheet 11 identify a 22-foot wide paved surface between granite curbs. Two 8.5 foot emergency vehicles, each with a 9 inch mirror overhang, on a 20 foot wide local/service road have only 1.5 feet of clearance between vehicles. Recommend denial as the proposed 22 foot wide road provides only 1 foot separation distance to granite curbs on a straight road. Recommend minimum distance between curbs of 24 feet for straight roads on site. Less than 1,100 feet of the more than 2,900 feet of road on site are straight. The owner has requested waiver #6 to reduce the radius of roads on site from 125 feet. The plans indicate 18 of 22 road centerline radii on site are less than 125 feet. Fire trucks turning a small radius may each trail up to 5 feet wider than straight road width. Recommend denial with findings that the applicant has not provided a site plan with turning movements to ensure that two emergency vehicles are able to pass with a safe separation distance between the granite curb. Request review by emergency response agencies.

Mr. Norman said they will provide a supplemental plan to address this concern and provide adequate distances. He will work with Provan and Lorber and if this means there must be changes made, Horizons Engineering will make those changes. The secretary was asked to contact the fire department to get their input on this issue.

Section 4.20 Parking

Waiver #10: All subdivisions shall provide at least two off-street parking spaces per dwelling unit. Waiver requested for on-street parking and to definition 2.2 to of parking space size of 10' X 20' to allow four parallel 9' X 22' spaces on Bretton Farm Road and perpendicular on-street parking spaces 9' X 19'. Recommend denial as the plans do not indicate proposed parking on
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Bretton Farm Road and the plans represent seven drives off Cumbria Street, each with 3 parking spaces within a distance of 39 feet, a distance suitable for 2 vehicles. Recommend revision of note 9 on the Subdivision Plan to allow relocation of only those parking spaces that are located entirely within a lot with no portion within the right-of-way.

Mr. Norman said the plans to have 4 spaces on Bretton Farm Road and they are grass pavers. He said there are additional spaces underground which he thought Provan and Lorber did not see on the plan. He will speak with Provan and Lorber regarding this.

Section 4.22 Utilites

All subdivisions shall provide water, sanitary sewerage disposal, utilities and improvements. The Board may require street lighting. Street lighting not defined on plans.

Mr. Norman said there will be no street lighting. Only street signs and building pathways will be lit. They are complying with Dark Skies standards.

Section 4.28 Water Specification

Water mains and fittings specifications not provided on plans sheets.
e) Reese strained joints shall be retainer glands, the rust blocks are acceptable only behind
hydrants. Sheet 15 identifies the rust blocks behind fittings.

Mr. Norman said they will add this to the plan and provide technical specifications.

Section 5.01 Review by Other Town Officials

Applicant obtain written statements from:
c) Fire Chief to location and spacing of hydrants. Not provided.
d) Police Chief to vehicular and pedestrian safety and access. Not provided.

The secretary was asked to contact police and fire for their input and asked that they respond if they have no concerns or if they do have concerns and what those concerns are.


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Section 5.04 Date Listing

c) Length of Streets. Not on Subdivision Plan.
d) Area of open space. Not on Subdivision Plan.
e) List of abutters. Not on Subdivision Plan.

Mr. Norman said he will have these supporting documents put on the plan.

Section 4.11 Pre,iminary Layout – Major Subdivision

Subdivision plat on 22 X 24 inch required: On January 16, 2013 the Planning Board Secretary e-mailed amendments of the Subdivision Regulations and identified the size requirement for the final subdivision plat on Mylar to be 22" by 34" to Provan and Lorber and to Michael Norman of Horizons Engineering.

e) Lots 34, 35 and 36 are accessed from an abutting property. An easement reference was added to "Stables Road" in the vicinity of these lots on the Subdivision Plan. The reference does not specify access for these lots.

Mr. Norman said he will address this issue.

g) No plan of existing and proposed telephone, electricity and gas utilities.

Mr. Norman said he is waiting for input from the utilities companies. He has added additional room on the plan, 10 feet on both sides of the road for a utility easement. There is no gas utilities. Cable TV will be added to the plan.

o) No statement of sufficient capacity, as approved by NH DES for connection to the Resort waste treatment plant for the sanitary sewer and to the Rosebrook water system.

Mr. Norman said he will address this issue.



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Section 4.12 Final Plat

5. Requires consecutive numbering of lots. The lot number 39 on the Subdivision Plan sheet 3 does not correspond with the lot number 47 on the Project Phase Sheet 4. The Plan Revisions letter item 1 indicates lots 38-46 have all become part of Lot 38. Those changes are not clearly identified on sheet 4.

Mr. Norman will address this and make sure the numbering matches up.

12. Requires a statement on the Final Subdivision Plat to acknowledge the subdivider's responsibility to maintain the easement areas and assume liability for injuries and damages that may occur on any land to be dedicated for public use. Recommend identification of the acreages of the "Common Area Park" land on the property for ownership and tax records.

Mr. Norman said this is pending.

18. Requires a statement on Final Subdivision Plat to acknowledge that the subdivider is responsible for the condition and maintenance of all roadways until such time, if ever, that the roadways are taken over by the Town of Carroll. Recommend identification of the acreages of the private road area on the property for ownership and tax records.

Mr. Norman said he will do this. When asked by Chairman Karpf, Mr. Norman said there are no plans to have the roads taken over by the town. These roads are being constructed as private roads.

The secretary brought up the issue that the fire department has problems with existing units in the Bretton Woods area. These problems consist of 911 not corresponding to those of the unit numbers. This situation causes problems when emergency services are responding to a call for assistance.

Allen Strasser, resident of Bretton Woods area read a letter (attached) which spoke of the loss of amenities to the condo owners by previous owners of the resort. He is of the opinion thatthis loss is relevant to this subdivision application.


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It was noted that the planned community center will be open to anyone for rental for functions. The rest of the resort population (including condo owners) will have access.

Chairman Karpf said he does not think that the present owners had a responsibility to take on an obligation that prior owners had made. Mr. Bergum said, the loss of amenities happened before CNL/Celebration and nothing obligates these applicants to provide amenities. He said most of the agreement for those amenities was verbal and not written. He said he understands the concerns but does not see the linkage.

Mr. Strasser said the Attorney General’s office has the agreement. He was asked to contact that office and get a copy of the agreement. Chairman Karpf said, amenities could be listed as a
condition but he sees no relevance with the present subdivision application. He said it appears to be more of a legal action (with the previous owners).

Clarification of the restorability of the “L” of the stable area was asked. Mr. McKee said the stable “L” is very deteriorated and they will work with experts of historical buildings to try and restore it. He said, if it is not possible to restore that portion of the stables, the plan would be to replicate it. They will come back in April with a definitive plan.

Clarification of the roof line was asked. Because the hope is to restore the “L” and if that is not possible, to replicate it, the roof line will not change from the present. The grade would not change. Parking would be moved to the other side of the building.

A contradiction in the placement of the roads on the plan to the actuals was noted by an abutter who walks the roads frequently. Mr. Norman said he will meet with the abutter and see to rectifying any conflicts.

A question regarding a possible mitigation agreement with the present condo owners should there be an increase in costs of sewer and water was brought up. This agreement would take into consideration any increase in costs to existing homeowners who are serviced via the Bretton Woods water system and Rosebrook sewer system, caused by the increase use by this development.. Chairman Karpf noted that this would be put on the agenda for the April 4, 2013 meeting.

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In response to a question, Chairman Karpf explained how bonds are posted to insure that the development of infrastructure is completed. The Board was asked to look into the stability and continuity of the entities involved in the development. It was noted that there is suspicion and concerns due to a level of “guilt by association”. Mr. McCardle said Natural Retreats appreciates and understands the concerns, however, they are excited about this development. He said Natural Retreats is a worldwide company and financially strong. He said they can’t change the past. He invited communication with the abutters.

A fear regarding reduced property valuation as it related to access to the resort and facilities was voiced. There was concern regarding a rise in assessment.

Chairman Karpf offered a motion to continue the Natural Retreats public hearing to April 4, 2013. Mr. Dowling seconded the Motion

No additional public notice or notice to abutters will be given.

The vote was 5 – 0. The motion carries.

New Business
Site Plan Review Application – Stables Relocation – Map 211 Lot 46.1

Mr. Dowling offered a motion to accept the Site Plan Review application for the stables relocation. Ms. Foster seconded the motion. The vote was 5 – 0. The motion carries.

The secretary will post and publish the public hearing for April 4, 2013 and notice the abutters by certified mail.

Unfinished Business
Subdivision Regulations Update

The Secretary told the Board that this update has not changed any of the substance of the Regulation. The Regulation has been reformatted in a way that gives a more logical flow to the document. The Table of Contents/ index has been expanded to enable the reader to find an item faster and more easily. The application has also been attached as an appendix.

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Chairman Karpf said this, as well as the Applicant’s Guide to the Planning Board Process, is a living document. Changes can be made to it at any time following the procedure (described in the RSA’s). This document will be put on the Town’s website replacing the older one which does not incorporate the changes in the Regulations made by the Board in 2012.

Mr. Mills offered a motion to approve the updated Subdivision Regulations as presented. Ms. Foster seconded the motion. The vote was 4 – 0 -1. The motion carries

Master Plan Sub-committee Chairman, Mr. Mills, asked if the Board wanted to set a date for another Sub-committee discussion. It was the consensus that the Board would wait until after the election and see how the warrant article to fund the Master Plan update faired.

The Chairman asked that 5 copies of the meeting agenda be available for the public at all the Board’s meetings.

Chairman Karpf offered a motion to adjourn. Mr. Bergum seconded the motion. The vote was 5 – 0. The motion carries.

9:40 PM Chairman Karpf adjourned the meeting.

Respectfully submitted,
Linda J. Dowling
Secretary
Carroll Planning Board

Town of Carroll, New Hampshire ®2024