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Minutes of 6/6/2013 APPROVED
Attachments
July 15th, 2013
TOWN OF CARROLL
PLANNING BOARD
MINUTES
June 6, 2013
APPROVED
Members Present: Chairman, Donna Foster, Vice Chairman, Richard Nelson, Selectman Representative, Bonnie Moroney, and members Erik Bergum, Kenneth Mills, and Dr. Evan Karpf.
Also present were Attorney Tom Watson, John Warren, Andrew Nadeau of Horizons Engineering, Tyson Taylor, George Brodeur, David Scalley, and William Dowling.
7:00 PM Chairman Foster called the meeting to order.
The Pledge of Allegiance was recited.
Minutes Review
Minutes of April 4, 2013
Ms. Moroney offered a motion to approve the amended minutes of April 4, 2013. Mr. Mills seconded the motion. The vote was 6 – 0. The motion carries.
Minutes of May 2, 2012
An addition to Page 2, 4th paragraph, second sentence, add “by a member of the Committee”, after “Also, minutes must be taken”.
An addition to Page 6, last paragraph, add at the end, “if Mr. Scalley would agree to third party review by Provan and Lorber or another engineer of the Town’s choosing.”
Correction on Page 7, 6th paragraph, the vote was “5 – 2” not “5 – 0”.
An addition on Page 6, the first paragraph, add at the end,” Ms. Moroney asked Dr. Karpf if he had come to this decision as one person and that he stated “yes”, that Attorney Waugh said he could do that.”
Page 2 of 8
Planning Board
June 6, 2013
Chairman Foster said the vote by the Board in 2011 was for the site plan only and the minutes recorded did not specify that the vote was for the site plan only or for the entire project.
Dr. Karpf objected to the addition and Ms. Moroney said she would elaborate later in the meeting and this could be addressed at that time.
An addition to Page 6, second paragraph, 6th line down, should read, “it is under the Selectmen’s authority to hold all bonds.”
Mr. Bergum offered a motion to table the minutes of May 2, 2013. Mr. Mills seconded the motion. The vote was 6 – 0. The motion carries.
Correspondence
Code Enforcement Officer’s Report
The Code Enforcement Officer’s Report was made available to all members.
Report of Officers and Committees
Master Plan Sub-Committee
George Brodeur told the Board the Sub-committee met today at 5:30 PM for half an hour. The Committee elected Mr. Brodeur to be Chairman. They also voted to ask the Planning Board to recommend to the Selectmen that the North Country Council contract for the Master Plan update be accepted as soon as possible by the Selectmen.
Mr. Bergum offered a motion that the Planning Board recommend to the Selectmen that they accept the contract with North Country Council regarding update of the Town of Carroll Master Plan. Mr. Nelson seconded the motion. The vote was 6 – 0. The motion carries.
Page 3 of 8
Planning Board
June 6, 2013
Unfinished Business
Dartmouth Brook Stabilization Bond
Chairman Foster read the e-mail from Provan and Lorber regarding their inspection for the Town regarding the success of the stabilization:
Town of Carroll Planning Board:
This afternoon, May 13, 2013, Chris Ellms and I inspected the areas stabilized last fall by L.A. Drew, Inc., North Conway, NH. The work in the areas identified on the approved plans, including the stone lined ditches, vegetative treatments, sediment trap, wetland restoration areas, and sediment removal, has been completed.
The seeding in the vegetative treatment areas has sprouted and survived the winter. The attached photo is a view north along “Spaulding Lane” identified on the plan. No erosion, deposition, or failure in the stabilization was identified.
Provided there is no requirement identified on other site permits, the orange construction limit fence, the silt fence, the hay bales, and the wooden stakes could be removed, and netting could be cut from the silt sox and the straw scattered on site.
Jim Murn
Provan & Lorber, Inc.
444-6301
Discussion ensued in which Mr. Bergum voiced concerns about the “junk” left on site. He said it should be removed.. He spoke of the third paragraph of Mr. Murn’s letter.
Attorney Watson said, the prior owners closed up the project according to DES stabilization specifications. He said DES will continue to monitor the area from time to time. He said they would be happy to comply with the request to remove the “junk” if it is not counter to what DES requires.
Mr.Mills said DES has the over-sight function but the Planning Board can recommend the release of the bond according to the provisions of the third paragraph in Mr. Murn’s letter.
Page 4 of 8
Planning Board
June 6, 2013
After further discussion:
Mr. Bergum offered a motion that the Board finds the conditions of the stabilization plan have been met and recommend to the Selectmen to release the stabilization bond. The owners will notify the Planning Board when other permits have been satisfied and agrees to act on paragraph three(3) of Provan & Lorber’s recommendations at such time. Ms. Moroney seconded the motion. The vote was 6 – 0. The motion carries.
Other Business
Correction of mylars – CNL to CLP Bretton Woods LLC – Dartmouth Brook Lot Line Adjustment – Map 210, Lots 8 and 10 & Map 211, Lots 14, 19, 20, 46, 46.2 and 47
Andy Nadeau of Horizon’s Engineering said, the problem came to light during a title search regarding the Cottages project of Natural Retreats. He said he had not been notified of the change in the name of owner when the Lot Line Adjustment case came before the Board. The result was the wrong owner name was noted on the mylars which were registered at the Coos County Registry of Deeds. He explained this as purely a housekeeping issue. He said other changes on the mylars are changes to the entities, title block general notes and note 3B which were also corrected while they were doing new mylars.
Dr. Karpf offered a motion to accept and sign the current (new) mylars reflecting the 2012 Lot Line Adjustment of Map 210, Lots 8 and 10 and Map 211, Lots 14, 19,20,46, 46.2 and 47 and the new owner name, CLP Bretton Woods, upon all fees being paid.. Mr. Bergum seconded the motion. The vote was 6 – 0. The motion carries.
The Secretary noted that the mylars were not the size specified in the Regulations and that this will affect the amount of the check to be made out to the Registry of Deeds. She will contact Mr. Nadeau with the amount for the larger mylars. It was also noted that the four (4) paper copies of the mylars for the Town Clerk were not submitted.
Chairman Foster directed the Secretary to make the mylars available to the Police Department to take to the Registry of Deeds when they are ready, in an effort to save taxpayer budget money.
Page 5 of 8
Planning Board
June 6, 2013
Stables Re-location Site Plan Review Conditions
Condition 1 and Condition 3 as explained in the May 23, 2013 letter from Horizons Engineering Inc. signed by Andrew J. Nadeau, LS, Chief Operations Officer, were satisfied, however Condition 2 regarding the storage and removal of horse manure continued to be a concern. Mr. Bergum noted that they have increased the size of the containment unit a little but he feels it is still a little small. Mr. Nadeau said the owners don’t want the structure to be seen. They also don’t want an odor problem. He said it is in the resorts best interest to keep it small. He said the plan is to continue with the present person removing the manure and using it for agriculture purposes. Mr. Mills voice the concern that there was no formal contract for the manure removal. Dr. Karpf said if there is a problem the Planning Board must address it but the Board can’t force someone to enter into a contract. Chairman Foster asked if there was a back-up plan. Mr. Nadeau said, no, it is a commodity. It was eventually agreed that a minimum size of
30 X 20 X 6 containment area which would provide storage of manure for 5 – 6 months would be acceptable.
Mr. Bergum offered a motion that condition 1 has been met. A storage area of a minimum size of 30 X 20 X 6 will satisfy condition 2 and condition 3 will be met upon the receipt of a letter indicating the dry hydrant is serviceable. Mr. Nelson seconded the motion. The vote was 6 – 0. The motion carries.
Review of Rules of Procedure
The Secretary told the Board that according to the Rules of Procedure this document is to be reviewed every June. She continued saying she has identified an error on Page 4, number 2 under Applications for Sub-Division and Site Plan Review. The RSA stated is 676:4,I (d) stating 10 days. It should be RSA 676:4,I,(b) 15 days. After checking the New Hampshire Planning and Land Use Regulation 2012 – 2013 Edition, page 565, the Board agreed.
Dr. Karpf offered a motion to change the Rules of Procedure to correct Page 4, number 2 under Applications for Sub-Division and Site Plan Review to the correct RSA, 676:4, I,(b) stating, 15 days notice shall be given before a completed application is submitted to the Board. Mr. Bergum seconded the motion. The vote was 6 – 0. The motion carries.
Page 6 of 8
Planning Board
June 6, 2013
Direction re: Site Plan Review Regulation Update
The Secretary told the Board she put a “hold” on the updating of the Site Plan Review Regulations due to Chairman Foster’s concern regarding the budget. Chairman Foster noted that ¾’s of the salary budget line has been spent and it’s only ½ way through the year. Mr. Bergum said he anticipated this due to the updating of Regulations and anticipates a down turn in spending once the updating has been completed.
Asked what she has left to do on the Site Plan Review Regulation update, the Secretary said, she must proof the document and develop a Table of Contents.
If was noted that the Secretary was not involved in the Master Plan update and no other large projects are on the horizon. The Secretary offered as an option, to wait until the end of the year to complete the update. The Board voiced opinions that the update should be completed now. The Secretary said she hoped to have it completed by the end of June.
It was the consensus of the Planning Board that the Secretary should continue with the Site Plan Review Regulation update.
July meeting date
As the first Thursday in July is the 4th of July and the Planning Board is required to meet every month, the second Thursday was considered as a meeting date. The second Thursday is the usual ZBA meeting day, however, it will be June 29th before it is known if there are any cases to come before the ZBA in July.
After some discussion:
It was the consensus of the Planning Board to meet on July 11th unless there is a ZBA meeting in which case the Planning Board will meet on Wednesday July 10, 2013.
Page 7 of 8
Planning Board
June 6, 2013
Other
Ms. Moroney read an e-mail from Town Council which she said the Selectmen had voted to release to the public. The e-mail seemed to center around the Hunt Properties third party review of the work done on Ruby Way in lieu of bonding, the stop work letter sent to Mr. Scalley, and
the question whether the Chairman had the authority to enforce a Planning Board vote on his own or whether he should have called an emergency meeting and discussed the situation first.
In a prolonged discussion which reiterated statements made numerous times before in many months of meetings preceding this meeting, the question whether the responsibilities of the Chairman and Vice Chairman should be formally included in the Rules of Procedure, was analyzed by the Board.
Chairman Foster said she would not feel comfortable taking on the responsibility to tell an applicant to stop work without the blessings of the entire Board. Mr. Mills said the hair on the back of his neck stood up when he received the e-mails related to this issue. He suggested an emergency meeting in such a matter. The Secretary advised the Board that to act they must call a meeting, that it cannot be done via e-mails.
It was the consensus of the Planning Board that the Rules of Procedure should remain unchanged and not be specific regarding the responsibilities of the Chairman and Vice Chairman.
John Warren Question
John Warren said since the Planning Board decided to pay half of David Scalley’s Hunt Properties third party review he asked the Board to rebate to him one half of his third party review.
Dr. Karpf recused himself and step away from the table.
Chairman Foster said the two cases were not the same. Mr. Bergum said he believed the statute of limitation had run out on it. Mr. Scalley said his third party review was done illegally and that’s why the Board said the Town would pay half. Mr. Mills said, it’s not the same situation.
Page 8 of 8
Planning Board
June 6, 2013
Mr. Bergum offered a motion to adjourn. Mr. Nelson seconded the motion. The vote was 6 – 0. The motion carries.
8:47 PM Chairman Foster adjourned the meeting.
Respectfully submitted,
Linda J. Dowling
Secretary
Carroll Planning Board