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2nd Public Hearing, Zoning Ordinance
January 21st, 2014
TOWN OF CARROLL
PLANNING BOARD
MINUTES
January 16, 2014
2nd Public Hearing to change the Carroll Zoning Ordinance
These minutes of the Town of Carroll Planning Board have been recorded by its Secretary. Though believed to be accurate and correct they are subject to additions, deletions and corrections by the Planning Board at its next meeting when the Board reviews them. The additions, deletions and /or corrections will be noted in the minutes of the subsequent meeting. These minutes are being made available at this time to conform to the requirements of New Hampshire RSA 90-A:2.
Minutes recorded by Linda J. Dowling
Members Present: Chairman, Donna Foster, Vice Chairman, Richard Nelson, Selectman Representative, Bonnie Moroney and Dr. Evan Karpf.
Also present were William Dowling and Joan Karpf.
7:10 PM: A quorum being present, Chairman Foster called the meeting to order.
The Pledge of Allegiance was recited.
Chairman Foster said this meeting is for the second public hearing to delete from the Town of Carroll Zoning Ordinance, Section 307 (b) which states: “ 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 parcels be made which leaves any lot below the requirements of this Ordinance. The owner of any undeveloped lot which does not meet area and frontage requirements who later acquires undeveloped land contiguous to the undersized lot shall be held to the above requirements.”
Dr. Karpf offered a motion to open the Public Hearing. Ms. Moroney seconded the motion. The vote was 4 – 0. The motion Carries.
Page 2 of 4
Planning Board
Public Hearing
January 16, 2014
Chairman Foster said the Section (307 (b)) is not enforceable and must be deleted to conform with RSA 673:39, a and RSA 673:39, aa, which she read.
674:39-a Voluntary Merger – any owner of 2 or more, continuous preexisting approved or subdivided lots or parcels who wishes to merge them for municipal regulations and taxation purposes may do so by applying to the planning board or its designee. Except where such merger would create a violation of then-current ordinances or regulations, all such requests shall be approved, and no public hearing or notice shall be required. No new survey plat need be recorded, but a notice of the merger, sufficient to identify the relevant parcels and endorsed in writing by the planning board or its designee, shall be filed for recording in the registry of deeds, and a copy mailed to the municipality’s assessing officials. No such merged parcel shall thereafter be separately transferred without subdivision approval. No city, town , county, or village district may merge preexisting subdivided lots or parcels except upon the consent of the owner.
Source, 1995, 291:9, eff. Aug. 20 1995, 2010, 345:1, eff. Sept. 18, 2010.
674:39-aa Restoration of Involuntary Merged Lots.-
I. In this section:
(a) “Involuntary merger” and “involuntarily merged” ,means lots merged by municipal action for zoning, assessing, or taxation purposes without the consent of the owner.
(b) “Owner” means the person or entity that holds legal title to the lots in question, even if such person or entity did not hold legal title at the time of the involuntary merger.
(c) “Voluntary merger” and voluntarily merged” means a merger under RSA 674:39-a, or any overt action or conduct that indicates an owner regarded said lots as merged such as, but not limited to, abandoning a lot line.
II. Lots or parcels that were involuntarily merged prior to September 18, 2010 by a city, town, county, village district or any other municipality, shall at the request of the owner, be restored to their premerged status and all zoning and tax maps shall be updated to identify the premerger boundaries of said lots or parcels as recorded at the appropriate registry of deeds, provided:
(a) The request is submitted to the governing body prior to December 31, 2016.
Page 3 of 4
Planning Board
Public Hearing
January 16, 2014
(b) No owner in the chain of title voluntarily merged his or her lots. If any owner in the chain of title voluntarily merged his or her lots, then all subsequent owners shall be estopped from requesting restoration. The municipality shall have the burden of proof to show that any previous owner voluntarily merged his or her lots.
III. All decisions of the governing body may be appealed in accordance with the provisions of RSA 676.
IV. Any municipality may adopt local ordinances, including ordinances enacted prior to the effective date of this section, to restore previously merged properties that are less restrictive than the provisions in paragraph I and II.
V. The restoration of the lots to their premerged status shall not be deemed to cure any non-conformity with existing local land use ordinances.
VI. Municipalities shall post a notice informing residents that any involuntarily merged lots may be restored to premerger status upon the owner’s request. Such notice shall be posted in a public place no later than January 1, 2012 and shall remain posted through December 31, 2016. Each municipality shall also publish the same or similar notice in its 2011 through 2015 annual reports.”
Source. 2011, 206:4, eff. July 24, 2011.
Chairman Foster asked if there was any comment from the public. There was none. Chairman Foster asked if there was any further discussion or comment from the Board. There was not.
Dr. Karpf offered a motion to continue the process to remove Section 307 (b) from the Carroll Zoning Ordinance per RSA 674:39, a and aa. Ms. Moroney seconded the motion. The vote was 4 – 0. The motion carries.
Dr. Karpf offered a motion to have the Planning Board submit a warrant article to delete Section 307 (B) from the Carroll Zoning Ordinance. Ms. Moroney seconded the motion. The vote was 4 – 0. The motion carries.
Chairman Foster said she will write the warrant article and submit it to the Selectmen’s Office.
Page 4 of 4
Planning Board
Public Hearing
January 16, 2014
The Board requested that the Selectman Representative, Ms. Moroney, take the requirements noted in RSA 674:30-aa,VI, to post the notice regarding premerged lots, to the Select Board and also have that notice published in the town reports for 2013 through 2015.
Chairman Foster said for future reference, to delete a section from the Zoning Ordinance, only one public hearing is required. To change or add to the Zoning Ordinance, two public hearings are required.
Dr. Karpf offered a motion to adjourn. Ms. Moroney seconded the motion. The vote was 4 – 0. The motion carries.
7:15 PM Chairman Foster adjourned the meeting.
Respectfully submitted
Linda J. Dowling
Secretary
Carroll Planning Board