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Minutes of 1/9/2014 DRAFT

January 27th, 2014

TOWN OF CARROLL
ZONING BOARD OF ADJUSTMENT

MINUTES

January 9, 2014

DRAFT

Members present were: Chairman, Paul Bussiere, Vice Chairman, David Scalley, and members Joan Karpf, Frank Maturo and John Trammell

Also present: William Dowling, Carl Brooks (applicant), Michael Norman (Horizons Engineering), Allen Barthittere (AB Logging)

7:00PM A quorum being present, Chairman Bussiere called the meeting to order.

The Pledge of Allegiance was recited.

Minutes Review:
Minutes of December 12, 2013

Ms. Karpf offered a motion to approve the minutes of December 12, 2013 as written. Mr. Trammell seconded the motion. The vote was 4 – 0 – 1 (Mr. Scalley) The motion carries.

Public Hearing:
Continuation of Public Hearing – Application for Special Exception - Map 410 Lot 15 – to continue excavation of approximately 30,000 cubic yards over a five (5) year period – Carl Brooks/AB Logging/Horizons Engineering, agent

The Secretary said she had just received a letter signed by Carl Brooks, the applicant, authorizing Horizons Engineering to act as his agent.

Michael Norman of Horizons Engineering handed out Provan & Lorber’s (Town’s 3rd party engineer on this project) letter of their review and findings of the plan submitted. Also attached to this letter were Horizons Engineering’s responses. (attached) The Board went through the items noted for correction by Provan & Lorber and the responses made by Mr. Brook’s engineer, Horizons Engineering.

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January 9, 2014

Chairman Bussiere asked if there were any question:
Regarding #1 – there were no questions from the Board.
Regarding #2 – there were no questions from the Board
Regarding #3 – there were no questions from the Board
Regarding #4 – there were no questions from the Board
Regarding #5 – there were no questions from the Board
Regarding #6 - Mr. Norman said the notes are on page 3 & 4 of the revised plan. Ms. Karpf said the Town Ordinance requires a buffer zone of 200 feet and the plan notes a buffer zone of 50 feet. Mr. Norman said the nearest abutters are the Maine Central Railroad and the White Mountains National Forest which is 1500 feet away. Mr. Brooks owns on both side of the railroad tracks. CNL is the other abutter and they are about 300 feet away. Mr. Norman said he will change the note to reflect the 200 foot buffer required by Town Ordinance..
Regarding #7 - Ms. Karpf asked where the trees, etc. would be put. Discussion revealed that this is a large area and the organic debris could be put most anywhere. It was noted that there was only a few trees. Conversation provided that the latest thinking on the subject was that organic material, trees and stumps, were the best way to control erosion. This material is used in many places except near roadways as it settles after time. Mr. Norman said he will change the language in the notes to reflect that all debris will be disposed of within the limits of the excavation.
Regarding #8 – there were no questions from the Board.
Regarding #9 – Discussion took place regarding the seeding and how much top soil would be placed for the reclamation. Ms. Karpf said, in previous excavation projects there was a specified amount of top soil required. Mr. Norman said, the entire area is an old pit and has no top soil and a good portion, after excavation is complete, will be a pond. He said the requirement is that the reclamation include seeding of the area. He said, there is seed that can grow in sand. Mr. Barthittere (AB Logging) said when the reclamation is finished the area will be beautiful and completed. Ms. Karpf continued to be concerned with the vegetation, the timing of planting and type of seed. Mr. Norman said, after they put down the seed, it will be covered with hay/straw or mulch or they can spray an emulsion. He said, the State requires this. If the seed doesn’t grow, they must do it again. Ms. Karpf said, as long as it meets the minimum reclamation standards of RSA 155E, its ok with her. She would ask that it be put in the conditions.

Mr. Norman agreed to send the revised plans back to Provan & Lorber to see if they are comfortable with the changes.

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Ms. Karpf asked what the planned use of the pond is. Mr. Norman said, recreation.

Chairman. Bussiere asked if the applicant had any questions. He had none. Mr. Scalley asked when they will start the project. Mr. Brooks answered, the Spring.

Chairman Bussiere said, the Board had investigated the question regarding what zone the project falls into. He said the R2 zoning includes the village of Bretton Woods and the Concept Plan. It was changed in 1982 and goes under the R1 zone for density if the area does not fall within the Concept Plan. Map 410, Lot 15 falls under the R2 zoning which means the application requires a Special Exception.

Chairman Bussiere asked if there were any comments from the public for the project. There were none. Chairman Bussiere then asked if there were any comments against the project. There were none. Ms. Karpf read the letter (via e-mail) from Rosebrook Water. (attached)

Chairman Bussiere asked if the Board had any more comments or questions. Mr. Scalley said he believes Mr. Brooks will do a great job. Ms. Karpf asked if Provan & Lorber was going to check on the project as it progresses. Chairman Bussiere said it could be the Code Enforcement Officer or the 3rd party reviewer. Ms. Karpf asked if there would be a schedule of inspections. Mr. Bussiere said, the Selectmen, under which the Code Enforcement Officers works, can set up a schedule with him. Mr. Scalley asked if Horizons Engineering would do inspections. Mr. Norman said, they are not required to do that. Mr. Norman continued saying that Mr. Brooks must file a Notice of Intent with the State and they will inspect from time to time. It was noted that the State DES only is concerned with the taxable amount of material which is taken out.

After further discussion it was agreed that the Code Enforcement Officer would inspect the project at least once a year in the Fall to verify that what is being done is according to the Plan.

Mr. Scalley offered a motion to grant the Special Exception to Carl Brooks for Map 410 Lot 15 to continue excavation of approximately 30,000 cubic yards of material over a five (5) year period under Section 303.2 of the Town of Carroll Zoning Ordinance, with the following conditions.

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1) a buffer zone of 200 feet between the excavation and the abutters property lines,
2) the Code Enforcement Officer will inspect the project at least once a year in the fall, and
3) the seeding and top soil meets the minimum reclamation standards of RSA 155E
Ms. Karpf seconded the motion.

Discussion: Mr. Scalley said,
regarding criteria 1. “The proposed use shall not adversely affect the capacity of existing or planned community facilities.” Mr. Scalley said it would not.
regarding criteria 2. “The purposed use shall not adversely affect the character of the areas affected.” Mr. Scalley said it would complete the area and make it better.
regarding criteria 3. “the purposed use shall not adversely affect the traffic on roads and highways in the immediate vicinity.” Mr. Scalley said with the small amount that will be taken out, there will be no effect on traffic.
The vote was 5 – 0. The motion carries.

New Business:
Consideration for non-public session per RSA 91-A:3,II,(a), the dismissal, promotion or compensation of any public employee or the disciplining of such employee, or the investigating of any charges against him or her, unless the employee affected (1) has a right to a meeting and (2) requests that the meeting be open, in which case the request shall be granted.

Chairman Bussiere said he does not believe that a non-public session is needed. He wants to discuss the Secretary’s job description. He said the Planning Board Chairman has drafted a joint job description for the ZBA and Planning Board Secretary. He said, it is his opinion that the job descriptions should be separate. Ms. Karpf and Mr. Scalley voiced their agreement with the separate job description opinion.

The Secretary, Ms. Dowling, told the Board of the changes and areas needing further information that the Planning Board had noted at their January 2nd meeting.

Chairman Bussiere advised the Board that according to the Board’s Rules of Procedure, under Officers, #3, Secretary, it states “A Secretary is recommended by the Board and hired by the Selectmen, and not required to be a resident of the Town.” Ms. Dowling read a copy of RSA 673:16 which states, “Each local land use board may appoint such employees as it deems

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January 9, 2014

necessary for its work who shall be subject to the same employment rules as other corresponding civil employees of the municipality”.

Chairman Bussiere said the Rules of Procedure should be changed to reflect the RSA. Ms. Dowling read the process for changing or amending the Rules of Procedure, “AMENDMENTS These rules of procedure may be amended by a majority vote of the members of the Board provided that such amendment is read at two consecutive meetings immediately preceding the meeting at which the vote is to be taken.”

Ms. Karpf offered a motion to correct the Rules of Procedure, under Officers, #3, Secretary to reflect RSA 673:16. Mr. Maturo seconded the motion The vote was 5 – 0. The motion carries.

Chairman Bussiere directed that this be on the agenda for the next meeting.

Chairman Bussiere said, given the RSA, it appears that he and the Planning Board Chairman would do a personnel evaluation of the Secretary’s performance and forward their recommendations to the Selectmen who would give the evaluation to the Secretary. He said he had been confused about how the process for the Secretary’s evaluation should go but is now clear on it. He said he would ask the Administrative Assistant to put this on the Selectmen’s agenda.

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

8:13 PM Chairman Bussiere adjourned the meeting.

Respectfully submitted,
Linda J. Dowling
Secretary
Carroll Zoning Board of Adjustment.


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