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Minutes of 3/24/2016
April 1st, 2016
Carroll Planning Board
Meeting Minutes
March 24, 2016
“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: Chairperson Donna Foster, Richard Krapf, Bonnie Moroney (sworn in tonight as board member because of vacancy left by Brian Mycko running for selectman), Selectman’s Representative Brian Mycko, Karen Saffian, Michael Hogan and Jae Whitlaw, Town Counsel.
Members of the Public: Dave Scalley, Evan and Joan Karpf, Ron Wareing, Kathy Saffian, Mr. Gould, John Foster, Becki Pederson, Diane Hogan
Minutes taken by: Rena Vecchio, Secretary
Pledge of Allegiance
The meeting was called to order at 7:05 p.m. Chairperson Donna Foster opened the meeting addressing the minutes of March 3, 2016. Michael Hogan made a motion to: accept the minutes of March 3, 2016 as written. Brian Mycko seconded and the motion passed unanimously.
The Chair explained that Brian Mycko, a Planning Board member, ran for the select board position and won. He was nominated by the select board to stay on the Planning Board as their representative. Bonne Moroney volunteered to fill the vacated position for a year. Michael Hogan made a motion to: accept Bonnie Moroney as a Planning Board member until March of 2017. Brian Mycko seconded and the motion passed unanimously. Bonnie Moroney was sworn in by the Town Clerk, Becki Pederson, and then joined the Planning Board members at the table.
Chairperson Foster read a notice to the board and the public explaining the reason of tonight’s meeting and the confusion of its status. A hard copy of that notice will be attached to the office copy.
At the March 3, 2016 Planning Board meeting, the board made two motions:
1. To accept a Site Plan Review for Birchwood Commons, LLC, with no application for such in front of them and no application on the agenda
2. To hold a Special Meeting for a Public Hearing on March 24, 2016 for that application
After Counsel reviewed the minutes, it was determined the board had acted against its policy of having an application in to the board at least 15 days before and more likely 21 days before the board meets. The application was brought into the office at 2:55 PM, March 1st. The next PLBD meeting was on March 3rd. Because of the policy of the board for applications, the board did not have copies of the Birchwood application. The board received notice that they would have to rescind the motions and advertise in the local paper as such. The board could then have the application in front of them to go over to accept. If the board decided to accept then the board had the right to go into Public Hearing that night.
Brian Mycko made a motion to: rescind the vote of March 3, 2016 to accept as complete, the Site Plan Review application from Joan Karpf, Birchwood Commons, LLC. Michael Hogan seconded and the motion passed unanimously.
At this point Joan Karpf approached the board with a letter requesting the Chair, Donna Foster, recues herself because Joan believes she is biased against her and will not be able to “act impartially in her decision.” She handed Donna two letters to read for her reasoning for the recusal. Donna read them out loud. Counsel informed Donna it was her decision whether to recues herself or not, even if the board votes it is strictly recommendation. Donna asked the board how they felt. Richard Krapf made a motion for Donna Foster not to recues herself. Bonnie Moroney seconded and the motion passed unanimously. Donna said that she is not biased and that the board makes the decisions, not her.
Donna started to go thru the application for completeness. A description of the project was described as “Interior renovations to provide suitable rental space. Exterior cosmetic renovations necessary when needed.”
The board then went thru the Submission Requirements of the application. The board is to determine if the applicant has completed each request with:
• (W) For Waiver Required
• (X) For Completed
• (N/A) For Not Applicable
The board went thru the requirements and changed;
• Identifying title from N/A to X as it was completed in the application
• Name and address of applicant/agent/developer from N/A to X as it was completed in the application
• Name, number and signed seal of surveyor and/or engineer from N/A to X
• Date of plan from N/A to X
• North arrow from N/A to X
• Natural features such as streams, marshes, lakes or ponds, types or vegetation, and ledge outcrops (etc) from N/A to X
• For on-site sewage disposal, a soils map and NH Water Supply and Pollution Control Division permit. from N/A to X
• Proposed provisions for fire protection board would like a letter from the Fire Chief on the location of the exit lights and smoke and CO2 detectors
• Architectural drawings showing the shape…. Evan states there will be no outside changes, they are already done
• Proposed signs copy of letter from Select board
• Copies of all applicable State approvals and permits. from N/A to X because of “change of use” from retail and museum to all retail board needs to make sure current septic system complies with current DES regulations
Michael Hogan and Joan Karp questioned whether the board had the right to change the application. It was stated that this is the application that the board is to accept or not. They are going over the requirements of the application. They are going thru what the applicant has included for those requirements and if they are in applicable, completed or a waiver is required. This is the job of the board. They are not changing the applications but checking the requirements listed on the application.
Evan made a statement that he was coming before the board once for the site plan review. He does not plan on coming before the board for each store. He plans on it being a mercantile use with an accessory apartment. Jae Whitelaw explains if that is the case, it needs to be determined that the septic is approved for this change of use.
Evan stated that:
• They are not changing the footprint
• Working within the limits
• They are planning on 2 stores in the front, 2 in the back and there is already one on the side
Donna Foster asks the board if they feel the application gives enough information to continue to approve the whole of Birchwood Commons for retail. Mike asked the board if they should return the application until next month with more information on renting out the entire building with a total of 5 retail stores.
Evan said if he does not change the footprint, he is doing retail only, no restaurant. If they do not have a business that is not retail, they will have to come back to the Planning Board. He said they will not exceed the ability of the septic. He said the board can put conditions on the site plan application and therefore they can move forward.
Jae said the question of whether the board can or cannot accept the application because of information, depends on the board, not what the applicant wants. The board has to go by its regulations. Evan kept useing the word mercantile and town counsel explained to them that the word retail should be used instead of mercantile because retail is the word the town uses in the Zoning Ordinances and other regulations. The word mercantile is a State building code word. Jae went on to say that the board needs to decide how the use of the site affects public safety.
Karen Saffian felt she needs time to review the application with the new understanding of the whole building under site plan review. Donna said the board needs to accept the application or not accept it. She feels that the application states “for mixed use” and we do not have that in our Zoning Ordinances. She believes that the application should read “for retail only.” Counsel said the board could accept the application for retail and accessory apartment with the condition that the Karpf’s would have to notify the board as to new uses going into the building and to bring the building permit to the board so they can see that what is going into the building is consistent with the site plan review. And Jae said the applicant has made it very clear that what is going into the building is retail so the “mixed use” is not an issue. Richard Krapf made a motion to accept the application but no one seconded. The board was working the wording of the motion.
First the application has to be dealt with. Richard Krapf made a motion to: accept the application as complete. Bonnie Moroney seconded and the motion passed unanimously.
A ten minute break was taken.
The board gathered back in the room. Chair Foster said it was time for the Public Hearing. Brian Mycko made a motion to: to go into the Public Hearing. Richard Krapf seconded and the motion passed unanimously.
Chairperson Foster read a letter from Lee Halquist. He had asked that the letter be read in the public hearing and to be included in the minutes. A copy of the letter will be attached to copy of the minutes in the office.
Jae said she had a couple of questions for the board to consider. What conditions of approval do you want to impose on the application; boundary’s next door, parking or septic? Evan shows the old approval of the septic system from 1973. Evan said that Dan Webb of Bethlehem had inspected the septic and leach field for them. Donna said she would like the board to have a copy of his report. Evan said he hadn’t been able to reach him.
Brian Mycko made a motion to: approve the Site Plan Review application for the entire building with an accessory apartment of Birchwood Commons, LLC, Route 3 South, Twin Mountain, NH, Map 206, Lot 73-1 with the following conditions:
1. The number of retail shops will not exceed the capacity of the septic design on file
2. The owner of the building will inform the Planning Board of each new shop added and the type of retail business after the occupancy is approved. The board is to be informed by Certified Mail.
Richard Krapf seconded and the motion passed unanimously.
Evan thanked the board for their time spent on this.
Bonnie Moroney made a motion to: adjourn the meeting. Brian Mycko seconded and the motion passed unanimously. The meeting adjourned at 9:25 PM.