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Minutes of 11/3/2016

November 10th, 2016

Carroll Planning Board
Meeting Minutes

November 3, 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, Bonnie Moroney, Michael Hogan, Donna Foster and Selectman’s Representative Brian Mycko

Alternate Board Members to be nominated and sworn in: Greg Hogan and Diane Hogan

Members of the Public: Ron Wareing, Gardner Kellogg, Tracy and Daniel Berube, Kevin Cormier, Julie Whitcomb, Kathy Saffian, Fire Chief Jeremy Olesen, Dave Bicknell, Jason and Mary Sullivan

Minutes taken by: Chairman Ken Mills

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

Pledge of Allegiance

Approval of Minutes

The meeting minutes for September 1, 2016 and October 6, 2016 needed to be approved. As the board composition for the evening’s meeting did not comprise the members necessary to approve and vote on the meeting minutes; the Chair entertained a motion. Michael Hogan made a motion to table the approval of the meeting minutes of 9/1/2016 and 10/6/2016 due to a lack of a quorum. Donna Foster seconded and the motion passed unanimously.

The PLBD secretary’s absence due to a family medical issue was explained to the public and a request for tolerance as the body conducted business without the secretary.

The next agenda item was the nomination and voting of two alternates to the Planning Board: Greg Hogan and Dianne Hogan.

Becki Pedersen, Carroll Town Clerk, explained the nomination and swearing in process at which time the Chair requested nominations for alternates to the Planning Board. Donna Foster nominated Dianne Hogan as an alternate to the Carroll PLBD. Michael Hogan nominated Greg Hogan as an alternate to the Carroll PLBD. Brian Mycko seconded and the nominations were approved unanimously. Becki Pedersen then escorted the two alternates out of the room to be sworn in.

The Chair then explained how he, Ken Mills and board member, Bonnie Moroney, had to recuse themselves from the next application. The new alternates, Dianne and Greg, assumed their positions on the board.

The Planning Board Vice-Chair, Michael Hogan, then assumed the Chair duties to conduct and review the Site Plan Review for Busy Bee Bakery and Bistro. Bonnie Moroney provided the board with a letter from Mark Saffian, owner of the Pizza Pub, giving Bonnie Moroney permission to speak on the property. Bonnie Moroney and Sandy Pothier are in the process of purchasing the property and changing the restaurant and name to Busy Bee Bakery and Bistro.

The application was reviewed line by line. Bonnie then explained the changes to the building entrance they anticipate completing and how one of the rooms, a former game room, was going to be used as a gift shop area as another part of the Busy Bee Bakery and Bistro. The upstairs was to be used only for storage/office.

Donna Foster made a motion to: accept the application for the Busy Bee Bakery and Bistro/Bonnie Moroney & Sandy Pothier as complete. Brian Mycko seconded and the motion passed unanimously.

The Vice Chair queried the Board for any questions they may have and there were none. He then opened the meeting to the Public Hearing for any comments from the public. One person asked a couple of questions regarding the remodel of the entrance and changes to the parking lot. Bonnie explained the plans of the anticipated changes.

The Vice Chair closed the Public Hearing and queried the board again for any additional input or questions. There were none.

Brian Mycko made a motion to: approve the Site Plan Review application for Busy Bee Bakery and Bistro/Bonnie Moroney & Sandy Pothier, to change the restaurant use to a Bakery & Bistro and to add a retail space, Map 206 Lot 46. Donna Foster seconded and the vote to approve was approved unanimously.

Ken Mills resumed the duties of Chair and Bonnie resumed duties of a board member. The Chair explained that the new Alternates could stay at the table for the next deliberations but erroneously stated they could not vote. The oversight on the part of the Chair was later corrected and all members were reviewed on the Rules of Procedure for Alternate member involvement.

Chairman Mills then addressed the next agenda item regarding a Site Plan Review for the Twin Mountain Cottages/Ron Wareing for the conversion of a restaurant area to a living accommodations by Ron Wareing. The board reviewed the application line by line for completeness to the board’s satisfaction.

Michael Hogan made a motion to: accept the Site Plan application for Twin Mountain Cottages/Ron Wareing as complete. Brian Mycko seconded and the motion passed unanimously.

The Chair opened the Public Hearing. At this time two letters were submitted to the board on behalf of abutters of the property that could not be present. The letters, one from Mr. Michael LePage and the other from Mr. and Mrs. George Brodeur, were in support of the applicant’s request to the change of use. Copies of the letters will be available with the hard copy of minutes in the office.

Chairman Mills queried the public for any other input or questions to which there were none. He then closed the Public Hearing. The Board was queried as to any other questions or deliberations. Bonnie Moroney reminded the Chair that the Fire Chief, Jeremy Olsen had a diagram that had been submitted with the application to ensure compliance with all fire code regulations to which the applicant agreed to complete. Jeremy went on to say that for an application like this it would be good to have a fire protection engineer to look over the plans. He said as Fire Chief he has to go by the book but an engineer may have other knowledge to deal with things.

Bonnie Moroney made a motion to: approve the Site Plan Review application for Twin Mountain Cottages/Ron Wareing to change the use of a restaurant to a lodging facility, Map 206 Lot 66, with the condition that the applicant complies with the instructions on the diagram from the Fire Chief, submitted with the application. Michael Hogan seconded and the motion passed unanimously.

The application for a Site Plan Review for the expansion of the KOA Campground/Cherry Mtn. Resort was next on the agenda. Gardner Kellogg was spokesperson for the applicant. The Chair and board reviewed the application line for line for completeness.

Michael Hogan made a motion to: accept the application as complete for an expansion of the KOA Campground/Cherry Mountain Resort. Brian Mycko seconded and the motion passed unanimously.

Chairman Mills opened the meeting to a Public Hearing for additional input from the applicant, public and board.
• David Bicknell expressed his full support of the project as submitted.
At this point several issues were raised by the public to include, Tracy and Daniel Berube, Kevin Cormier and Julie Whitcomb.
• Concerns of trespassing of the campground guests onto the property of the abutters and the ineffectiveness of the signage in mitigating the trespassing. Post on both sides of the property line.
• Abutters asked to have the campers informed of the issue via maps available at the campground.
• Obstruction of the ROW (Right of Way) by vehicles and dirt piles obstructing access to the abutter property.
• A gate could be used to remedy the trespass issue.
• Dogs from the campground on the abutter’s property.
• Concerns of any additional expansion of the campground in the future and the issue of traffic.
• Possible dangers to the campers/trespassers due to the activities of the abutters on their own property.
• Questions on defining the ROW at the intersection of the private road and the driveways.
• Using existing infrastructure for the expansion.
• Maintenance issues/expense on the access ROW.
• Questions on compliance with any of the setback issues. Cabins are now sitting right on the boundary line.
• Impact of traffic increase into the campground.
• Concern regarding the extra use of the driveway and the potential damage to the intersection area of the campground access road and the private driveways.
• Water flows.
• Affect of additional expansion of the campground’s impact on traffic into and out of the campground.
• Concern was expressed with the flow of rainwater particularly heavy rain and the impact of dirt being dumped onto the road. Abutters had to remove dirt themselves because of the heavy rain.
• An appropriate gate or fencing may be an answer to the trespass issues.
• Wrong turn issues that necessitate disconnects and subsequent limits on the roadway make the situation worse. This is compounded by a need to clear trees and ensure signage is actually viewable to drivers of camper vehicle.
• A question of lighting came up but was resolved based on the application information.
• A question of how many pull through type of hook ups. Gardner Kellogg said 10.
• Who is responsible for maintaining the ROW after the heavy 20’, 30’ and 40’ campers drive over it all summer?
• The KOA sign needs to have the trees and shrubs cleared so the sign is visible to oncoming campers in both directions.

The board added:
• Donna Foster reflected on KOA restrictions not to use the ROW access into the campground. Additional signage use was discussed.
• Michael Hogan discussed KOA processes for camp use with “no unhook” rules for staying to better facilitate camp use. Better signage is needed.
• Brian Mycko restated the limitations on towed camper’s accessibility to KOA camp sites.

The Fire Chief reiterated the concerns raised by the abutters. He said he was concerns regarding the various types of structures that are being placed in the campground. Cleaner definitions from KOA as to the nature of the structures and what compliance regulations apply as the sites are configured. There is a mix of structures in the campground that raises questions on code enforcement.

Fire Chief Oleson suggested that an onsite observation by the board may benefit an understanding of some of the issues in the campground.

Additional discussion on the entry apron and needs were discussed as well.

Chairman Mills expressed that with the extensive RSA regarding campgrounds in the state, questions on the structures in the campground and concerns in managing the conditions to be imposed on the applicant as well as any conflicts in solutions or mitigations to all parties involved. The limits on resources at the moment preclude the board making an intelligent decision on the application. With this in mind and in polling the board for consensus, the board was in agreement that we should continue the review of the application to the December 1, 2016 meeting.

Before ending the discussion, Greg Hogan, also the Road Agent for the Town, raised concerns regarding culverts and water drainage toward an adjacent property. Mr. Kellogg explained the analysis used, but the abutters remained concerned with the water flow.

The Fire Chief also asked the question regarding the need for the ZBA review at which time the board cited the email received from the Town Counsel regarding how an expansion of a campground that already exists does not need to be re-accomplished, but the expansion does require another Site Plan Review.

Donna Foster explained that a conversation with the state for some elaboration on what their take is on the structures that are in the campground and what mitigations they may have to offer the board in its deliberations.

Chair Ken Mills reiterated the need for the board to gain more information and the RSA’s impact to campgrounds, so that the board can arrive at an informed and intelligent decision.

Donna Foster made a motion to: continue the Site Plan application for the KOA Campground/Cherry Mtn. Resort for an expansion till the next meeting, December 1, 2016. Brian Mycko seconded and the motion passed unanimously.

The board then engaged the owners of Beech Hill Campground in a consultation. After the Chair reviewed the board’s Site Plan Review Regulations regarding “consultation”, the board noted the owners had a preponderance of the application requirements. The board simply stated they should contact the Planning Board secretary after getting an application, filling it out, pay all the fees and allow for the notification of the Site Plan application review in December.

The Chair then pointed out that he had updated the Select Board/Town Administrator with a new PLBD budget that reflects changes to two lines:
• One to correct back to the original $1900.00 amount as the GIS was already embedded in the request.
• An increase in the Master Plan/Regulation updates by an additional $5000.00 reflecting the NCC proposal to update the board’s Site Plan Review Regulations and Sub-Division Regulations.

The Chair opened discussion t the remaining agenda items, notably gaining consensus from the board to post an ad in the newspaper seeking individuals in town to volunteer for alternate positions as well as running for the upcoming PLBD member positions that will be opening up in March 2017. The general consensus of the board was to have the secretary post an ad to that effect.

The need to review the Rules of Procedure was raised.

Finally, the alternates voted in tonight, wanted clarification as to how long they were going to be on the board. The time frames were discussed with a referral to Becki for specifics.

The Chair noted a need to start conditioning applications with a requirement for the applicant to return to the PLBD with written and signed document/s that reflect full compliance with any conditions that were placed on the approval.

Bonnie Moroney made a motion to: adjourn. Michael Hogan seconded and the motion passed unanimously. The meeting ended at 9:20 PM.