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Minutes of Town Board Meetings

Public Hearing Minutes of 1/5/2017

January 9th, 2017

Carroll Planning Board

Public Hearing Minutes

January 5, 2017



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“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: Chairman Ken Mills, Donna Foster, Richard Krapf, Bonnie Moroney, Selectman’s Representative Brian Mycko, Michael Hogan and Karen Saffian

Members of the Public: Dianne Hogan

Minutes taken by: Rena Vecchio, Secretary

Pledge of Allegiance

The Chairman, Ken Mills opened the Public Hearing to discuss a proposed Warrant Article to allow the addition to the Zoning Ordinance the definition for Accessory Dwelling Units (ADU) and an ordinance for Accessory Dwelling Units (ADU), to bring our Ordinances into compliance with RSA 674:71-73.

Ken Mills said we will try to go over everything and the board can ask questions. These are the things I believe we should follow:
• Do not need to reinvent the wheel, have template to use and help from our Counsel
• Regulate how it looks on the outside
• Make sure it is compatible with the ordinances
• 750 square foot minimum or whatever is larger
• Cannot step over the line of “Can’t” list

Michael Hogan wants to know that on page 2, “The New Law on Accessory Dwelling Units”, #4 “the property owner must – occupy one of the two dwelling units and provide proof of occupancy. The owner occupied unit cannot be sublet.” Are we telling people they cannot rent their house if they have an ADU?

Town Counsel Jae Whitelaw said:
• This started from lack of affordable housing
• Kids were living with their parents, parents moving in with their kids
• College towns said they did not want to have every single family home to have an Accessory Dwelling Unit (ADU)
• Law says now that every single family dwelling may now have an apartment
• Statue says the town may require owner occupancy in one of the units but the law does not say they have to reside in one or the other-left up to towns
• Town cannot say the apartment cannot be a money maker

Ken says how do we want to have the new law applied, by right, by special exception or by conditional use permit (similar to site plan).

The following motions and votes were taken from New Hampshire Municipal Association, “The New Law on Accessory Dwelling Units”, September. 2016.

Richard Krapf made a motion to: have the new ordinance for the Accessory Dwelling Units require the applicants to come before the Planning Board for a Conditional Use Permit. Bonnie Moroney seconded and the motion passed with 6 in favor and one nay from Michael Hogan.

Richard Karpf made a motion to: have one ADU per single family dwelling. Bonnie Moroney seconded and the motion passed unanimously.

Brian Mycko made a motion to: say that all ADU’s must provide independent living facilities (As described by the RSA changes for Accessory Dwelling Units) for one or more persons and there shall also be an independent exterior access to the ADU, or access through a common space such as a hallway to an exterior door. Richard Krapf seconded and the motion passed unanimously.

Brian Mycko made a motion to: say all ADU’s must be attached and there must be a common wall between the principal dwelling unit and the ADU. Bonnie Moroney seconded and the motion passed with 5 in favor and 2 nays, Karen Saffian and Michael Hogan.

Brian Mycko made a motion to: require owner occupancy of either the principal or the accessory dwelling unit. Bonnie Moroney seconded and the motion passed with 4 in favor and 3 nays, Karen Saffian, Michael Hogan and Richard Krapf.

Michael Hogan made a motion to: allow the area of an ADU to not exceed 30% of the total floor area of the single family dwelling, including the ADU, or 750 square feet, whichever is larger. Bonnie Moroney seconded and the motion passed unanimously.

Brian Mycko made a motion to: require that at least one parking space to accommodate the ADU. Richard Krapf seconded and the motion passed unanimously.

Richard Krapf made a motion to: maintain the aesthetic continuity with the principal dwelling unit as a single-family dwelling. Brian Mycko seconded and the motion passed with 6 in favor and 1 nay, Karen Saffian.

Brian Mycko made a motion to: adopt the Ordinance regarding ADU’s in its entirety based on the Board’s motions and votes tonight. Bonnie Moroney seconded and the motion passed with 5 in favor and 2 nays, Karen Saffian and Michael Hogan.

January 26, 2017, 6:00 PM, will be the Public Hearing for the language of the Ordinance.

Chairman Ken Mills closed the public hearing.

Michael Hogan made a motion to: adjourn the meeting. Brian Mycko seconded and the motion passed unanimously.