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Minutes of 1/2/2014 Meeting DRAFT
January 6th, 2014
TOWN OF CARROLL
PLANNING BOARD
MINUTES
January 2, 2014
DRAFT
Members Present: Chairman, Donna Foster, Selectman Representative, Bonnie Moroney, and members Erik Bergum, Kenneth Mills and Dr. Evan Karpf.
Also present were, William Dowling, Joan Karpf and David Scalley.
7:30 PM at the conclusion of the Joint Planning Board and Zoning Board of Adjustment meeting, Chairman Foster continued with the regular Planning Board agenda.
Minutes Review:
December 5, 2013
Dr. Karpf made the following addition; page 3, under Report of Officers and Committees, Master Plan Sub-committee, add, “Mr. Bergum, Dr. Karpf, Ms. Karpf and Mr. Hogan stuffed and labeled envelopes.”
Mr. Bergum offered a motion to approve the Minutes of December 5, 2013 as amended. Ms. Moroney seconded the motion. The vote was 5 – 0. The motion carries.
Report of Officers and Committees:
Master Plan Sub-committee
Mr. Mills said the Committee received 253 survey responses to date. They split the surveys into groups, yes-no and written responses. He said he will start data entry on 153. Eventually all the data will go to Tara Bamford (NCC) who will put it on an excel spread sheet and bring it back to the Committee.
Site Plan Review Regulations Sub-committee
Nothing to report.
Page 2 of 5
Planning Board
January 2, 2014
Public Hearing:
First Public Hearing – To delete (repeal) Section 307(b) from the Town of Carroll Zoning Ordinance – to coincide with Supreme Court Ruling regarding involuntary Merging of contiguous, non-conforming lots under one ownership
7:35 PM Chairman Foster opened the public hearing. She read Section 307 (b) of the Carroll Zoning Ordinance.
“If two or more contiguous undeveloped lots are in single ownership at the time of this amendment of the Ordinance, and if each or any of the lots does not meet the area and frontage requirements, the lands involved shall be considered a single parcel. No portion of the parcel shall be used or sold which does not meet area and frontage requirements, nor shall any division of the parcel be made which leaves any lot below the requirements of this Ordinance. The owner of any undeveloped lot which does not meet the area and frontage requirements who later acquires undeveloped land contiguous to the undersize lot shall be held to the above requirements.”
Chairman Foster said she contacted NHMA (New Hampshire Municipal Association) and asked about the change in the law. She read the e-mail response.
“Dear Ms. Foster,
You are correct. The law changed in September of 2010, and now provides that “No city, town, county or village district may merge preexisting subdivided lots or parcels except upon the consent of the owner.” RSA 674:39-a. In effect, the law now invalidates that portion
I note as well that if lots as separated are now smaller than the minimum lot size, they are treated like any other nonconforming lot and would require a variance to build etc. RSA 674:39-aa,V.
It may also be useful to look at the rest of RSA 674:39-aa because it provides that the owner of any involuntarily merged lots may apply to the Selectmen before December 31, 2016 to have them unmerged. Towns were required to post a notice informing residents of this provision by January 1, 2012. If your selectmen have not done this, you may wish to bring it to their attention.”
Chairman Foster said the girls in the office don’t recall any merger of lots being done.
Mr. Mills said the Selectmen should be asked to post the public notice.
Page 3 of 5
Planning Board
January 2, 2014
Ms. Karpf, from the public said, she believes any mergers would have been done by the Assessors.
The Board asked Selectman Representative, Ms. Moroney, to address this with the Selectmen at their next meeting.
No further discussion from the Board or the public.
Mr. Bergum offered a motion to continue this public hearing to January 16, 2014 at 7:00 PM. Ms. Moroney seconded the motion. The vote was 5 – 0. The motion carries.
Note: the second public hearing has already been posted and published for January 16, 2014.
Unfinished Business:
Planning Board and Zoning Board of Adjustment Secretary Job Description
Chairman Foster asked the Board if they had any comments regarding the DRAFT job description. Dr. Karpf said, after the first line under “Duties” add “except when extenuating circumstances prohibit”. Mr. Bergum said, “other duties as needed” should be added also under the first paragraph, “serves at the pleasure of the Board”.
After discussion, and noting that the secretary is a Town employee and falls under the Town’s Personnel Policies, it would be redundant to add those suggested except for the “other duties as needed”.
The agent of the Land Use Account was voted on October 4, 2012 to be the Secretary. Chairman Foster said she will meet with the Chairman of the ZBA regarding this and keeping accounting of the budgets. Chairman Foster said she feels the Chairman or Vice Chairman should be responsible for this function. Secretary Ms. Dowling asked, how would she like to handle the checks from the applicants. Chairman Foster said when they are mailed in (the office could process them). Ms. Dowling said, she meets with the applicant and receives the application, checks it for completeness and the list of abutters. From the abutters list, she determines the amount of the checks to be written to the Town. After giving the receipts to the applicant, she then takes the checks and receipts, copies them for the file and submits the checks
Page 4 of 5
Planning Board
January 2, 2014
and copies of the application and abutters list to the Finance Clerk, Administrative Assistant and Treasurer. That process would have to be changed.
Ms. Dowling asked about the 15 minute increments that the Finance Clerk requires for the time sheets due to limitation of the payroll program. She said since using the excel spread sheet, she sometimes uses less than 15 minutes for a function but an accumulation of small amount could add up to more than 15 minutes or a half hour etc. She asked how the Board wants her to handle this.
Mr. Scalley suggested a set salary with Mr. Mills agreeing. Mr. Bergum said, it is worth exploring. Ms. Moroney said at this point in the budget process, it would be difficult to implement. She suggested it could be considered for the 2015 budget. Ms. Moroney told Ms. Dowling to just round up to the next 15 minute.
Chairman Foster said she and Mr. Bussiere, (Chairman of the ZBA) still need to meet regarding the job description. He had suggested separating the two Boards’ Job Descriptions. She asked if the job functions were similar or not.
Mr. Bergum offered a motion to continue this discussion at the February 6, 2014 meeting. Ms. Moroney seconded the motion. The vote was 5 – 0. The motion carries.
Chain of Custody form for mylar(s) sent to the Registry of Deeds
Chairman Foster said there has been a change. Instead of the Police Department going to Court every week, the Court has changed their schedule to once a month.
It was the consensus of the Board to continue this matter to the February 6, 2014 meeting.
Update of Procedure for Voluntary Merger
It was the consensus of the Board to continue this matter to the February 6, 2014 meeting.
Page 5 of 5
Planning Board
January 2, 2014
Public Comment:
Mr. Dowling said for clarification purposes, the Planning Board and Zoning Board of Adjustment Secretary is hired by the Boards per RSA. Thereafter, per that RSA, the person is a Town employee. The Boards hire, but the Selectmen fire.
Mr. Bergum offered a motion to adjourn. Ms. Moroney seconded the motion. The vote was 5 – 0. The motion carries.
8:05 PM Chairman Foster adjourned the meeting.
Respectfully submitted
Linda J. Dowling
Secretary
Carroll Planning Board