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Minutes of 5/5/2016

June 22nd, 2016

Carroll Planning Board
Meeting Minutes

May 5, 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 91-A: 2.

Members Present: Chairperson Ken Mills, Richard Krapf, Bonnie Moroney, Selectman’s Representative Brian Mycko, Michael Hogan and Donna Foster.

Members of the Public: Dave Scalley, Evan Karpf, Ron Wareing, John Foster, Yatil Patel (new owner Foster’s Crossroads), Greg Hogan, Ed Martin, Jeanne Stapleton, Mr. and Mrs. Gamache and Paul Busiere (arrived 7:20).

Minutes taken by: Rena Vecchio, Secretary

The meeting was called to order at 7:00 PM.

Pledge of Allegiance


Dave Scalley was first on the agenda and asked the Chairman if he would please allow the Foster’s to go first for their Public Hearing. Michael Hogan made a motion to: allow Donna and John Foster to be allowed to go first for their Public Hearing. Brian Mycko seconded and the motion passed with 5 ayes and Donna Foster abstained. Donna Foster then recused herself from this discussion and Public Hearing as it was she and her husband presenting the supplication for the new owner, Yatil Patel.

Michael Hogan informed the Chair that he had forgotten the minutes. Bonnie Moroney made a motion to: accept the minutes of April 6, 2016. Richard Krapf seconded and the motion passed unanimously. Chairman Mills opened the meeting for discussion of the minutes for changes or corrections.

Ken Mills had sent corrections/clarifications to the secretary of the April 6th meeting (hard copy will be attached to the minutes in the office).

Dave Scalley approached the board. He said there had been a 35 minute discussion at the April 6th meeting and he had watched the DVD on the meeting several times. He felt that there just was not enough in the minutes about that discussion and how the motion that was made that night came about. He handed the Chair a letter he wanted to be read. Ken Mills read the letter (hard copy will be attached to the minutes in the office). Mr. Scalley asked the board to have the entire 35 minute dialogue in its entirety be reflected in the minutes.

The Chairman told Dave Scalley and the public that a lot of this was going to be discussed tonight in the meeting and he didn’t want the board to get bogged down right now and then have to discuss it later. Richard Krapf made the suggestion to table the minutes. Bonnie Moroney made a motion to: table the minutes of April 6, 2016. Brian Mycko seconded and the motion passed with 5 ayes and Michael Hogan abstained as he was not at that meeting. The boards intent is to bring this up in the meeting tonight when the issue is addressed later.

Next on the agenda was Foster’s Crossroads for a Site Plan Review for a new canopy and gas pumps. The Chair told the board we are looking for completeness of the application; fees paid, ads and abutter notices sent out. The secretary said yes but she wanted to make the board aware of a mistake she had made. An abutter had let her know that his letter stated the meeting for the Foster’s application stated Thursday, May 2, 2016 instead of May 5, 2016. She had called the abutters and spoke to all but two of them. She told the abutters that she would be sending a certified letter stating that they understood this was not done with any malice. They were to sign the letters, if they believed so and send them back to the PLBD. All the abutters she had spoken to had no problem with that. The notice sent to the Democrat stated the correct date.

Michael Hogan wanted to know why some of the “Submission Requirements” in the application were not filled out. The Chair said he wanted to ask that also. Donna Foster said that they had received some of the items since they had filled out the application. In fact she had a couple of sheets of corrections she handed to the board. The first sheet to be corrected was the front page of the application naming Donna and John Foster as owners of the property. As of April 25, 2016, Yatin Patel is the Applicant/Agent and the owners are Nirali, LLC. The second sheet she handed to the board was a copy of the approval for a Variance for Setback Requirements from the ZBA. Yatin Patel was at the meeting and asked for the Foster’s to represent/speak for them tonight.

The Submission Requirements as listed on the application (changes only):
• Page 2, Total acreage.., 2.85acrea’s
• Page 3, Location of all buildings…… ZBA dealt with that
• Page 3, 100 year flood…… John Foster told board a year or so ago, someone put a corner of his property in the flood plain. He has hired an engineer and he is looking at it and will probably be removing it from the flood plain, until then, the new owners are paying for flood insurance. They are 35 feet above the flood level. They believe it is a mistake because they were never aware that the corner had been put in the flood plain. All of the tanks have been dealt with to survive a flood. The State of NH already dealt with a Site Plan and they have dealt with all of this.
• Page 4, proposed provisions for fire……. They have 2 master kill switches. If they go 24 hours for the gas pumps there are different regulations that the state requires.
• Page 4, Architectural drawings….. Changed from N/A to X as it shown on the maps (change of size of canopy and gas pumps).

The Chair asked if the board had any further questions on the application. There were none. Bonnie Moroney made a motion to: accept the application for a Site Plan Review for Foster’s Crossroads, 21 Riverside Drive, for Yatin Patel and Nirali, LLC. Brian Mycko seconded and the motion passed unanimously.

The Chair opened the meeting to Public Hearing. John Foster said the State mandated the installation of new gas tanks or the gas pumps would be shut down. The State had their own Site Plan Review and then they went in front of the ZBA for a Variance on the Setbacks. They are now here to do the Site Plan for the Town. The new owners will have a lot more to offer the town.

The Chair asked if the board had any questions. There were none. The Chair said that if the public had any questions he would take the down the names and addresses of the people and ask the public by order in which the hands shown were shown. There will be a 3 minute limit for all. There were no questions. The Chair closed the Public Hearing.

Brian Mycko made a motion to: approve the Site Plan Review application from Yatin Patel and Nirali, LLC, 21 Riverside Drive, Map 206, Lot 110, with these conditions:
1. The board would like a clear delineation of the acreage.
2. The board would like a copy of the flood plain change.
3. The board would like a copy of a letter from the Fire Chief stating that he is okay with everything.
Bonnie Moroney seconded and the motion passed unanimously.

Donna Foster asked to again join the board.

Next on the agenda was Hunt Properties, LLC, 675 Route 3 South, Map 207, Lot 36. Hunt Properties was before the board for three Public Hearings. The first Public Hearing was to amend the conditional subdivision approval for Ruby Way of April 2011 to change the ten lot subdivision to condominium ownership.

Chairman Mills said this was part of an application that has been ongoing for 5 years. The Chair said he had a question:
• Ownership of road – Dave Scalley said they are going to have an association for the condominiums. At this point and up until the association has been formed, he will own and maintain the road. Once the association is created, the association will own and maintain the road. Dave said that he will retain a lawyer to help with the Condominium Regulations of the State and to the forming of the Association.
The Chair told the board and public that if they wanted to know more about this they could look up RSA 356, A-K.

Chairman Mills asked if the board had any questions. There were none.

Bonnie Moroney made a motion to: accept the application from Hunt Properties, LLC, 675 Route 3 South, Map 207, Lot 36, Ruby Way, to amend the conditional subdivision approval of April 2011 to change the ten (10) lot subdivision to condominium ownership as complete. Michael Hogan seconded and the motion passed unanimously.

The Chair opened the meeting for a Public Hearing. There were no questions from the public. The Chair closed the Public Meeting. The Chair asked if the board had any other questions and there were none.

Bonnie Moroney made a motion to: approve the application from Hunt Properties, LLC, 675 Route 3 South, Map 207, Lot 36, Ruby Way, to amend the conditional subdivision approval of April 2011 to change the ten (10) lot subdivision to condominium ownership. Michael Hogan seconded and the motion passed unanimously.

The next Public Hearing for Hunt Properties, 675 Route 3 South, Map 207, Lot 36, Ruby Way, was for an application to determine whether the conditions precedent of the conditional subdivision approval of April 2011 had been met so the Mylar could be signed. The Chair stated that at the last meeting the board had a letter from Horizons Engineering stating that a third inspection of Ruby Way would not be needed. The board voted on that last notice. Then after that meeting an email from Horizons was found and it raised four questions about the road they felt needed to be addressed.
1. Water bacteriological results which are typical
2. Water leakage results
3. Soil degradation analysis
4. Storm water testing
The Chair said he had asked Greg Hogan to present to the board his findings. Greg said that all the tests passed that Iron Works out of Jackson, NH had done. He said they are all licensed for this and they do present findings to the state all the time. Everything DES requires passed and everything is in compliance. He visited Ruby Way several times and has a list of the times, he went there without prior knowledge of anyone and has met with all of the engineers.

Brian Mycko made a motion to: accept the application for Hunt Properties, LLC, 675 Route 3 South, Map 207, Lot 36, Ruby Way, to determine whether the conditions precedent of the conditional subdivision approval have been met is complete. Bonnie Moroney seconded and the motion passed unanimously.

The Chair opened the Public Hearing and asked if there were any questions from the public or board. There were none. The Chair closed the Public Hearing.

Brian Mycko made a motion to: approve the application from Hunt Properties, LLC, 675 Route 3 South, Map 207, Lot 36, Ruby Way, to determine whether the conditions precedent of the conditional subdivision approval of April 2011 have been met so the Mylar could be signed. Bonnie Moroney seconded and the motion passed unanimously.

The final Public Hearing for Hunt Properties, LLC, was a Site Plan Review for a change of use from a restaurant and motel units to restaurant, retail and four two bedroom apartments. Bonnie Moroney recused herself for a possible conflict of interest.

Submission Requirements as listed on the application (changes only):
• No changes

Michael Hogan made a motion to: accept the application from Hunt Properties, LLC, 675 Route 3 South, Map 207, Lot 36 for a change of use, as complete. Brian Mycko seconded and the motion passed unanimously.

The Chair opened the Public Hearing. There were no questions. The Chair closed the Public Hearing.

Brian Mycko made a motion to: approve the Site Plan Review application from Hunt Properties, LLC, 675 Route 3 South, Map 207, Lot 36, for a change of use from restaurant and motel units to restaurant, retail and four 2 bedroom apartments with the condition that the Fire Chief submit a written report on the fire provisions. Michael Hogan seconded and the motion passed unanimously.

Bonnie Moroney asked to join the board again.

Wireless Communications application was now before the board. The application is before the board for “substantial completeness.” The secretary did tell the board that the ad for the balloon test for the 180 foot tower is in this week’s paper. The test will be held on Saturday, May 14th, from 9 AM to 11AM. If the weather is not good it will be on Sunday, May 15th, same time. And if the test cannot happen on either of those days, the next scheduled test will be on Saturday, May 21st, same time. Photos will also be taken of the test and be available for the public to view.

The Chairman brought up the matter of “visual impact” and had mentioned that it was something he felt Jeanne Stapleton had brought up at the last meeting. Ken said that it is something we can require them to show us and it can be mitigated. He didn’t see anything in the application referring to that. He has contacted DOT and Tara Bamford at NCC. Ken is waiting to hear back from NCC. He said he is not anti-cell towers, just doesn’t want to have a tower impact tourism. The board thinks the application is substantially complete but they want to have some conditions,

Michael Hogan made a motion to: accept the application as substantially complete from Industrial Tower and Wireless, LLC and Industrial Wireless Technologies, INC for a Telecommunications Facility, Route 302, Map 206, Lot 10. Brian Mycko seconded and the motion passed unanimously.

Michael Hogan said he believes that we need to have a visual impact study done. Brian Mycko made a motion to: ask Industrial Tower and Wireless, LLC and Industrial Wireless Technologies, INC for the following:
• A visual impact study
• IDK for a cell tower analysis
• A third party review by an engineer (engineer to be announced)
Richard Krapf seconded.
Ken Mills asked for the motion to be amended to: have Donna Foster research an engineer and bring forth the name to the board for these Third Party Reviews. Michael Hogan seconded and the motion to amend passed unanimously.
Richard Krapf seconded the motion as amendment and it passed unanimously.
With the secretary being gone for 10 days, the Chair asked the board to allow him and Donna Foster to tie up the loose ends of this. The board consented.

Under “Other” on the agenda was:
• NCC – the Chair asked the board if he could take the latest dated Site Plan Regulations and the Subdivision Regulations send to the NCC for review.
Michael Hogan made a motion to: send the Site Plan Regulations and the Subdivision Regulations to North Country Council to inform us of issues and to give us suggestions. Brian Mycko seconded and the motion passed unanimously.

• Jeanne Stapleton submitted four questions to the board today. The Chair said he would try to answer them (a hard copy will be attached to the minutes in the office).
1. Could not find scenic impact study for Bay Communications Wireless Facility. The Chair said he thinks she means the visual impact study. Jeanne said she just couldn’t find one in their application. She said she has been trying to save her grandfathers farmland. Her land abuts where the first tower is planned and now this second tower, Industrial Towers, abuts another piece of her grandfather’s farmland. Ken said because the tower changed from 180 feet to 90 feet, the board did not ask for a balloon test. Jeanne also wanted to let the board know that for the first time for Bay Communications Public Hearing last fall she found that she had been noticed by the town but someone signed for the certified letter and they never got it. It was not the fault of the town.
2. Someone had told her to sue, but she didn’t know who. Ken said the board does get into giving any legal advise.
3. Was there a balloon test done for the 90 foot tower? No and already answered.
4. Property values. Jeanne said she has contacted Senator Jeanne Shaheen’s office. They will look into this also to make sure that the tower is built as far away from land boundaries as possible. Ken said there is a “fall line” every tower must submit to show that they are not sitting in someone’s back yard. This should come up in the site plan review also.
• Richard Krapf said he was not pleased with the way the balloon test was handled. He felt we should have waited till after we accepted the application before we ordered the test. Ken has a call into Tara Bamford and will ask for guidance on the timing and conditions of this procedure.
• Evan Karpf submitted a letter to the board stating that he has signed a lease for the Birchwood Commons retail property. It will sell emergency preparedness provisions. Evan was instructed at his meeting on March 24, 2016, that for every retail space he leases/rents/etc., the board has to be informed.
• Katrina Morse had sent two emails to the secretary on two businesses abutting her property. She was not pleased with certain things. She never followed up with the secretary or the town office and she is not present here tonight. Some of the email dealt with enforcement and ZBA issues. The board said Katrina should review the video that is available thru the library.
• Dave Scalley said he feels that if the town is going to go through the Third Party Review, they should hire an engineering company that will follow through thoroughly. He feels Horizons did a disservice to the town. Ken said this is something the board will have to look into.
Richard Krapf made a motion to: adjourn. Brian Mycko seconded and the motion passed unanimously. The meeting ended at 9:30.