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Minutes of 4/4/2013 APPROVED

June 10th, 2013

TOWN OF CARROLL
PLANNING BOARD

MINUTES
April 4, 2013

APPROVED

Members Present: Chairman, Dr. Evan Karpf, Vice Chairman, Erik Bergum, Selectman Representative, Bonnie Moroney and members of the Board, Kenneth Mills and Richard Nelson.

Also present were, Michael Norman and Andrew Nadeau of Horizons Engineering, Dana Bisbee of Devine Millimet and Tammy Dubreiul, Bill Dowling, David Scalley, Michael Hogan, Terry Penner, Michele Penner, Buffi Robbins, Jay Gibson, David Erasberger, Mary-Pat Gibson, Jere Eames and member of the press, Edith Tucker of the Coo County Democrat.

7:00 PM Chairman Karpf called the meeting to order.

The Pledge of Allegiance was recited.

Chairman Karpf asked those present to pause to recognize the passing of John Birkness a former Chairman of the Planning Board.

Chairman Karpf also welcomed Bonnie Moroney as the new Selectman Representative to the Planning Board.

Correspondence
Chairman Karpf read a letter from the Board of Selectmen, nominating Michael Hogan as an Alternate Member of the Planning Board. (attached).

Chairman Karpf offered a motion to appoint Michael Hogan to the position of Alternate Planning Board member. Ms. Moroney seconded the motion. The vote was 5 – 0. The motion carries.

Selectman Bonnie Moroney swore Michael Hogan in as Alternate Planning Board member. As there were only 5 members present, Mr. Hogan was invited to sit on the Planning Board with full voting privileges.

Page 2 of 8
Planning Board
April 4, 2013


Mr. Bergum presented a letter (attached), regarding the Ammonoosuc River Management Plan that the Local Advisory Committee (LAC) has produced. He asked that the information be included in the updated Master Plan being worked on. He said there are websites of importance in the letter.

Chairman Karpf advised the Board that in the matter of the Town of Carroll (Planning Board) vs William Rines, a motion has been filed in which the Town is asking for attorney fees.

Chairman Karpf said the OEP (Office of Energy and Planning) Conference is being held May 11, 2013 in Manchester. He advised the members, especially the newer members, to attend.

Minutes Review
Minutes of March 7, 2013
The error on the first page “2012” should be “2013” was noted. On page 2, under Minutes Review, “Mr. Mills” made the motion, not “Mr. Bergum”.

Mr. Bergum offered a motion to approve the Minutes of March 7, 2013 as corrected. Mr. Nelson seconded the motion. The vote was 4 – 0 – 2. The motion carries.

Election of Officers

Chairman Karpf offered a motion to elect Donna Foster as Chairman. Ms. Moroney seconded the motion. The vote was 6 – 0. The motion carries.

Dr. Karpf offered a motion to elect Richard Nelson as Vice Chairman. Ms. Moroney seconded the motion. The vote was 6 – 0. The motion carries.

Chairman Foster is absent at this time. Vice Chairman Nelson told the Board he has been unable to attend a few previous meetings due to personal matters and defers the Vice Chairman’s responsibilities for the meeting.

Mr. Bergum offered a motion to name Dr. Karpf the Acting Chairman for this meeting. Ms. Moroney seconded the motion. The vote was 6 – 0. The motion carries


Page 3 of 8
Planning Board
April 4, 2013


Unfinished Business
Continuation of Public Hearing – Natural Retreats Subdivision Application – Map 211 Lot 42

Acting Chairman Karpf read a letter from Stephen Rice, CNL, Senior Managing Director, Ski/Mountain Lifestyle & Lodging (attached) regarding reallocation of units to the site of the project which must be agreed to for the subdivision to proceed. He said he requested Town Counsel’s opinion which he read, “CONCLUSION: I see no fundamental legal reason why the Board could not approve the reallocation of units as requested by Natural Retreats. CAVEAT: this emphatically does not mean that I am encouraging or endorsing that reallocation. The subdivision plan, including the reallocation, should only be approved if it meets all of the standards contained in the Subdivision Regulations (unless validly waived), as well as all of the standards contained in Article V of the Zoning Ordinance (unless variances were granted). You have not asked me to address those standards.”

Discussion – Mr. Bergum said the Board has reallocated in the past and this would be consistant. However, he said he is concerned about continually moving parcels around. He said that the Stone Hill parcels should be moved and that should be a permanent move (not to be moved again). Acting Chairman Karpf said that could be made as a condition. Attorney Bisbee (for the applicant) said this is mostly mixed use with some residential and some small amount of wetlands. He said they did their best to redesignated .75 acres. Mr. Bergum replied that CNL has been a very good partner but he doesn’t want to see a revolving door, moving the chess pieces around. He wants something the owners can count on as being permanent and never being changed again. He doesn’t want to set a precedent that one can move things around wherever they want. He said, this is moving 50 units.

Acting Chairman Karpf said next year the Concept Plan can be reviewed and this type of issue can be addressed. Attorney Bisbee said he will relate this concern to CNL.

Acting Chairman Karpf asked if the ownership of the roads is to remain private. Mr. Norman said it is. Acting Chairman Karpf asked if the use of the cottages was intended to be rental. And again Mr. Norman said it was. Further questions were, is Natural Retreats taking responsibility for the number of people occupying a unit, and responsibility to enforce the parking to which Mr. Norman said yes they will be responsible.

Page 4 of 8
Planning Board
April 4, 2013


Acting Chairman Karpf asked who would be providing security. Mr. Norman said he was not aware that it was a concern. Mr. Bergum said the Bretton Woods condo association contracts with OMNI for security.

Questions turned to the rental of the function hall (community building) and Mr. Norman said it would be available for rental to all (not just the renters of the cottages). He said that Natural Retreats will need to apply for a Site Plan Review for the building.

Mr. Norman said the filtration system plan has changed, in that the tree filters are being eliminated. He said Natural Retreats has applied for the necessary State permits which are enforced by DES (Department of Environmental Services). He said Natural Retreats is required to have a maintenance plan. The elimination of the tree filters was per DES and their previous experience of non-maintenance of those filters.

Mr. Norman said the owners will be responsible for disposal of refuse. He cited a letter dated March 15, 2013 in which it was noted there is adequate water. He is unsure regarding the sewer main. He said there are two 6 inch mains into a gravity main.He said that is adequate, however there may be a change but if there is a change the applicant will pay the costs (no cost to be place on existing users of the system). Attorney Bisbee noted the DES will have to “sign-off” on any plan. Acting Chairman Karpf said the Board will want a letter from Rosebrook water and the waste treatment facility that everything is acceptable.

Members of the public were invited to ask questions or voice concerns. It was re-stated that the cottages were for rental only and would not be sold as time-shares. The snow removal plan is to plow the snow to the end of the hammer-heads/cul-de-sacs. The Historical Resources Division is still working on the project (stables building “L”) but there is no report from them at this time.

Mr. Norman said that as a result of the findings of the test pits (in the “L” area of the stables), that the water table is very near the surface, the plan must be changed some. The grade behind the “L” will now be 18 inches and that will not allow parking underneath. The seven spaces that would have been underneath and out of sight, will be moved to the outside area. This addition to the stables parking area caused great concern. Mr. Bergum said this was a step backwards. After lengthy discussion, it was decided that the seven parking spaces would be distributed throughout the development with no further expansion of parking at the stables building. It was reiterated that the owners were responsible to enforce the parking.
Page 5 of 8
Planning Board
April 4, 2013


Acting Chairman Karpf asked if the possible discrepancy in the street lay-out in the photographs and those on the plans was resolved. It was. There was no discrepancy.

After everyone from the public and the Board exhausted all questions and concerns, the public hearing was closed.

Mr. Bergum offered a motion to approve the Natural Retreats Subdivision Application, Map 211 Lot 42 with the following conditions;
• All Federal, State and Town of Carroll Regulations are followed except where waivers are granted and permits are issued
• Approval and permitting from NHDES and NHDOT is obtained.
• Performance and Maintenance Bond is secured with the amount determined by the Town of Carroll’s Third Party (Provan & Lorber) and approved by Town Counsel.
• All fees, including Third Party Review, are paid.
• Deed reflects that the road(s) will remain as private and maintained by owner.
• The Town of Carroll Fire Chief signs off on safety related issues.
• The font size of road signs is such that is easily visiable.
• A stop sign is placed at the north end of Stables Road.
• A letter of approval from the New Hampshire Division of Historical Resources is obtained
• No current user of water or sewer will be financially impacted by improvements to meet the need(s) of this subdivision.
• Designation of open space to compensate for the Natural Retreats Subdivision, be submitted to the Planning Board.
• Owner is responsible for the refuse collection and proper disposal.
• Re-allocation of the 7 parking spaces from under the “L” of the stable will be made through out the subdivision and the parking spaces on Cambria Street will not exceed 21 spaces.
• Waivers will meet the specifications set forth in Provan & Lorbers letter of April 4, 2013 (attached) which will be made part of the Notice of Decision.
Acting Chairman Karpf read Section 22 of the Subdivision Regulations regarding Waivers. It was ascertained that the uniqueness of the property was illustrated by the grades and wetlands on the property and that a hardship would occur if the waivers were not granted.

Page 6 of 8
Planning Board
April 4, 2013


It was agreed by the Board and the applicant’s agent that all three criteria for granting a waiver has been met.

Ms. Moroney offered a motion to grant the waivers as listed in Provan & Lorber’s letter of April 4, 2013. Mr. Bergum seconded the motion. The vote was 6 – 0. The motion carrier.

Ms. Moroney offered a motion to accept the owner’s explanation of the uniqueness of the property. Mr. Bergum seconded the motion. The vote was 6 – 0. The motion carries.

Ms. Moroney offered a motion that the uniqueness of the property meets the three criteria noted in Section 22 (waivers) of the Subdivision Regulations. Mr. Mills seconded the motion. The vote was 6 – 0. The motion carries.

On the original motion to approve the Natural Retreats Subdivision as written above;

Acting Chairman Karpf seconded the motion. The vote was 6 – 0. The motion carries.

Mr. Mills offered a motion to approve the reallocation of 50 residential units to the Cottage Sub-Division for residential and mixed use. Mr. Nelson seconded the motion,

Discussion took place which included Attorney Bisbee clarifying the specific units to be reallocated.

The vote was 4 – 0 – 2 (Mr. Bergum and Mr. Hogan abstained.) The motion carries.

9:00 PM Acting Chairman Karpf called a recess.

9:08 PM Acting Chairman Karpf called the meeting back to order.

New Business
Public Hearing – Site Plan Review application – Stables Relocation – Map 211 Lot 46.1

The Secretary affirmed that all abutters were notified, the public hearing was published and posted and all fees had been paid.

Page 7 of 8
Planning Board
April 4, 2013

Mr. Nadeau, Horizons Engineering and agent for the owner, CNL Bretton Woods, LLC, said the plan is to build a stable on a 22 acre parcel known as the “horse paddock”. He explained that they kept the river proximity, the elevation of the land and the grades on the backside of the parcel in mind when they decided that this was the best place for the building. It will be a 9500 sq. ft. building with a 14 foot wide driveway of packed gravel. This driveway would be for service vehicles and not open to the public. The public would access the building via reservations at the Hotel. There will be a walkway and the shuttle will transport clients. There is no wetlands impact. They will utilize existing feature, such as the fencing. The fence will be slightly
reconfigured to give it a more aesthetically pleasing appearance. There will be individual septic disposal not connected to the resort system. The plan for the septic will be submitted to DES as required. Perc tests have been done. The building will house horse bays and an office area. There will be a horse washing area also, with a concrete floor.

Mr. Nadeau was advised to consult with the Fire Chief to make sure the width of the driveway/road is adequate and the gravel road can hold the weight of a fire truck. Acting Chairman Karpf asked if there will be a sprinkler system. Mr. Nadeau said the horses are off-site during the winter.

Mr. Nadeau said the area is not in the flood zone and is not a shoreland. They will be taking the manure off-site to a concrete storage area. The manure is used for landscaping and taken by contractors or sold. He said there will be no noise and little smell. Fairway Village is the closest abutter.

Mr. Bergum said it appears that the building will be about 600 feet from the river and during the hurricane, the flooding came very close. Mr. Nadeau said the building will sit 4.5 feet above the road.

Mr. Nadeau read a bit from Mount Washington Stables Manure Storage and Removal Plan. Mr. Bergum asked that this document be made available to the Board. He said he wants to study and research this project.

Mr. Bergum offered a motion to continue the public hearing regarding this Site Plan Review Application of the Stables Relocation to May 2, 2013. Ms. Moroney seconded the motion. The vote was 6 – 0. The motion carries.


Page 8 of 8
Planning Board
April 4, 2013

Acting Chairman Karpf offered a motion to add to the Applicant’s Guide a sentence that the applicant make himself aware of the appeals process. Mr. Mills seconded the motion. The vote was 6 – 0. The motion carries.

Acting Chairman Karpf said it was a pleasure to serve the Board as Chairman. He thanked the Secretary for her work.

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

9:40 PM Acting Chairman Karpf adjourned the meeting.

Respectfully submitted,
Linda J. Dowling
Secretary
Carroll Planning Board