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Minutes of 06/08/2006

July 11th, 2006


Carroll Board of Adjustment
Meeting Minutes June 8, 2006



Members of the Board present: Paul Bussiere Chairman, Joan Karpf, Jim Early, Leslie Bergum, and John Goodney

Members of the Public present: Charles & Michelle Gamache

Meeting called to order at 7:02 PM

Charles & Michelle Gamache came before the Board with a Special Exception application. They want to demolish their camp on Harmony Hill Rd., which sits on less than an acre, and bring in a modular home. The Board reviewed the situation and agreed that a special exception or area variance was not required because they met all set back requirements. They did not accept the application because it was not required. The Board told the Gamaches to get a building permit from Stan Borkowski per Ordinance 307.

The Board reviewed the Minutes of April 13. Joan Karpf made a correction to page 4 paragraph 1. “Joan said the Board has to stick to the rules to some extent. There are people out there that can appeal us and if the Board does not follow the procedure to some extent we are putting ourselves and the Town at risk of losing a case in court. Procedure is considered in determing the outcome of a case”
Chairman Bussiere entertained a motion to accept the Minutes as amended. Joann Karpf made a motion to accept the minutes as amended, Jim Earley seconded. All in favor the Minutes were accepted as amended.

Chairman Bussiere suggested the Board add an ordinance adding spirit to the application.

Joan Karpf asked if Jay asked for an additional sign the Planning Board could not make any changes on the Zoning Boards recommendations and that they had to come back to the Zoning Board. Chairman Bussiere agreed and would double check on that.

Joan Karpf asked for clarification of procedure for a public clearing. If an applicant comes to the Board will the Board be open to everyone speaking. Chairman Bussiere says it is open to the public 100%. What the Board should do is ask anyone who is a direct abutter to speak, and then anyone else who would like to speak and could show they have a standing in the case will have a time limit. John Goodney asked how anyone would know this is the procedure. Chairman Bussiere said that at the beginning of the hearing the Chairman would announce that. John Goodney says not everyone knows what standing would mean. Joan Karpf said a standing would have three criteria. Proximity, participation and hardship. Joan also said that the courts have a 1 mile limit.

Chairman Bussiere asked if there would be a limit on standing. Jim Early suggested that when someone stands to speak they should announce if they are an abutter, someone with automatic standing or just seeking a standing, and have the Board decide the time limit of speech then. If we don’t limit I can see something else coming up and it going on and on.
Joan Karpf asked if Department heads have automatic standing. Joan Karpf suggested that when someone gets up to speak the Board should ask them their proximity, how this will affect you and were you there when the application was presented.

Joan made a motion to make the procedure: Abutters, Conservation Commission, Town Safety and Public Works Representatives speak first followed by residents of standing defined by proximity, participation and hardship. John Goodney seconded. All in favor the new procedure was accepted.

Other business before the Board. Chairman Bussiere announced that Ed Martin resigned from the Board.

Leslie Bergum made a motion to adjourn the meeting. Joan Karpf seconded. All in favor the Meeting was adjourned at 8:39 PM