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Minutes of 7/3/2014
July 17th, 2014
Carroll Planning Board
Meeting Minutes
July 3, 2014
“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 votes its final approval of the minutes. They are being made available at this time to conform to the requirements of New Hampshire RSAS 90-A: 2.
Members Present: PLBD Members, Chairperson Donna Foster, Ken Mills, Richard Krapf, Selectperson Representative, Bonnie Moroney, Dr. Evan Karpf, Mike Hogan
ZBA Members, Chairperson Paul Bussiere, Dave Scalley, John Trammell and Rob Gauthier
Members of the Public: Joan Karpf, recording
Minutes taken by Rena Vecchio, Secretary
Pledge of Allegiance
A quorum being present, Chairperson Foster called the meeting to order at 6:30 p.m. Chairperson Foster stated that this was a meeting advertised for both the PLBD and ZBA so they could hire a new secretary that will be shared tween the two Boards.
Chairperson Donna Foster made a motion to: go into non-public for Personnel. Mike Hogan seconded and the motion passed unanimously..
Mike Hogan made a motion to: allow Rena Vecchio, acting secretary, to stay in the non-public session. Rob Gauthier seconded and the vote was unanimous in favor of her staying.
The secretary’s position has been opened since April. The job was posted for two weeks and only one application was submitted. The position details discussed were:
• All of the work done for the position will be brought back into the Town Offices.
• Is there a need for a laptop right now?
• Boards would like to wait until the end of the year to see what is working and what is not. Then the laptop and anything could be addressed.
Michael Hogan made a motion to: hire Rena Vecchio for the PLBD and ZBA secretary. Bonnie Moroney seconded and the vote in favor was unanimous for the
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PLBD Minutes
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PLBD. Paul Bussiere made a motion to: hire Rena Vecchio for the PLBD and ZBA secretary. John Trammell seconded and the vote in favor was unanimous for the ZBA.
Ken Mills made a motion to: go back into a public meeting. Mike Hogan seconded and the motion passed unanimously.
At 6:50, Chairperson Donna Foster resumed the public meeting.
The Chair of the ZBA, Paul Bussiere asked if he could go over a Boundary Line Adjustment and a Minor Sub-division. He said there had been a lot of confusion deciding which was which and a lot of conflicting information.
Dr. Karpf said that there was a new definition in our books and the board may not need to change it. The general consensus seemed to be that the definition seemed to be too long and confusing. A very simple and clear definition came from NHMA and the boards liked that. But you cannot change an ordinance now without a Public Hearing, but they can be used for guidelines. More discussion with take place a later date. The email from NHMA is attached to the minutes in the office.
At 7:30 the ZBA left the meeting. Charlie and Michelle Gamache, Joe Gillis and Joan Karpf (recording) were the only public members.
MINUTES
Chairperson Foster asked if everyone had a chance to look over the minutes of June 5th.
Evan Karpf noted that there were no minutes available for the non-public meeting that was held on June 5th after the regular meeting. He said they are supposed to be included. He also said that he felt the non-public was illegal because it was for legal issues and there is no lawsuit going on right now so it never should have been allowed. The secretary said she had asked the Selectman’s secretary if any non-public minutes had ever been turned in for all the non-public meetings that had been held over the past three or four years. The answer was no and that is what I based not doing non-public minutes on. Bonnie Moroney said she had talked to the lawyers and found out that the meeting should not have taken place but it was after the fact. She will hand in the non-public minutes herself.
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PLD Minutes
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Bonnie Moroney made a motion to: table the minutes of June 5, 2014 until next month. Ken Mills seconded and the vote in favor was 5 ayes and 1 abstention for Michael Hogan.
CONTRACT WITH HORIZON ENGINEERING
Chairperson Foster said the board has the Acceptance and Approval of the Contract from Horizon Engineering, for the Third Party Review, for the road into Hunt Properties LLC, Ruby Way. The Chair said that the original contract from Horizon was sent to Town Counsel and they in turn sent it back to the Chair to have changes made that they felt were needed. Donna did send the contract back to Horizon Engineering for the changes and it was returned to her July 2nd. She then sent it on to our lawyers but it did not get back in time for the meeting. Donna said she did not know if the board would want to accept and approve a contract without hearing back from the lawyers.
David Scalley asked Evan Karpf to recuse himself from the board. Evan recused himself at 7:35. David thanked him.
David Scalley, partner in Hunt Properties LLC, said he has done a lot of research on road projects in the Town and has found none that needed a Third Party Review. He would like to have copies of any road projects in the Town that has had to have the review.
Michael Hogan said he does not feel like there is enough information on this contract or the Third Party Review for him to want to vote now.
Ken Mills made a motion to: table the contract vote until there is more information provided or found. Michael Hagan seconded and the motion passed with a unanimous vote.
Joe Gillis, the other partner in Hunt Properties, said the board has just voted to stop this project again. He said the board is adding undo stress to Hunt Properties. He said that this project was putting money in the town. They would be adding new homes and new taxes to the town. What is the problem he said? When can we put the shovel to the ground?
David again asked if the PLBD had ever entered into a Third Party Review for any other subdivision. He said he feels every time he comes before the board he has new hurdles to
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PLBD Minutes
07/03/2014
overcome. Chairperson Foster said to her knowledge a Third Party Review had never happened before. But she said Counsel had advised the board not to enter into discussion again on that issue.
Evan Karpf said maybe the board could allow Hunt Property to move forward on the road now and then the Third Party Review contract could be voted on and the review could take place on schedule.
Individuals on the board went over the facts that:
1. A new business wants to be started in the town and it was approved over three years ago.
2. One individual/business seems to be being treated/regulated differently than any of the others.
3. Need to find a way to get this project moving forward.
4. Need to settle the Third Party Review.
5. Board members are appalled that applicant could be going thru this.
6. A decision needs to be made now and not hold up the project any longer. They do not want to hold back any longer afraid of litigation.
7. The original minutes do not reflect a Third Party Review but could be reviewed by the Town Engineer, road agent or Code Enforcer according to regulations in 2011.
8. Third Party Review is really what is bothering the board. Contract can be dealt with. Majority of the board feels that this applicant is being held to different standards than any other applicant. They feel that they are working to honestly help an applicant that has had many hold-ups.
Bonnie Moroney made a motion to: allow Hunt Properties LLC to move forward with the construction of the road Ruby Way until a contract with Horizon Engineering can be finalized and a Third Party Review can be looked at again.
Michael Hogan seconded and the motion passed unanimously.
Joe Gillis and Dave Scalley thanked the board for allowing them to move forward.
Evan Karpf joined the board again at 8:15. He said he had called Lincoln on their cell towers. Richard Krapf said there is a lot of online information also. The Chair said that the number one issue right now is the application. We need to have all the requirements ready for an applicant.
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PLBD Minutes
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At 8:35, the Chair asked if there was any other discussion. Michael Hogan made a motion to: adjourn the meeting. Bonnie Moroney seconded and the motion passed with a unanimous vote.