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Minutes of 2/2/2017
February 8th, 2017
Carroll Planning Board
Meeting Minutes
February 2, 2017
“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, Selectman’s Representative Brian Mycko, Richard Krapf and Karen Saffian
Members of the Public: Attorney Jae Whitelaw, Gardner Kellogg, Jason & Mary Sullivan, Joe & Lisa Trainor, Attorney Jason Bielagus, Dianne Hogan, Robert & Judith O’Leary, Chris Allen, Tyler Phillips, Chris Allen, Len Wood and wife, Greg Hogan, Jay Ouellette and Dave Scalley, Ron Wareing arrives 7:15
Minutes taken by: Secretary, Rena Vecchio
The meeting was called to order at 6:00 PM.
Pledge of Allegiance
Approval of Minutes
The Board needed to approve three sets of minutes in January:
1. January 5, 2017 AUD Public Hearing - Michael Hogan made a motion to: approve the minutes for the first Public Hearing for Accessory Dwelling Units as written. Karen Saffian seconded and the motion passed unanimously.
2. January 5, 2017 Regular PLBD Meeting – Michael Hogan made a motion to: approve the minutes for the January 5, 2017 meeting as written. Brian Mycko seconded and the motion passed unanimously.
3. January 26, 2017 ADU Final Public Hearing – Michael Hogan made a motion to: approve the minutes for the final Public Hearing for the Accessory Dwelling Units as written. Brian Mycko seconded and the motion passed with 6 ayes. Ken Mills abstained as he was not at that meeting.
SITE PLAN FOR SULLYVILLE, LLC/BEECH HILL CAMPGROUND/JASON & MARY SULLIVAN – EXPANSION OF USE – CONTINUATION
The board received an email from the Jason and Mary Sullivan/Sullyville, LLC/Beech Hill Campground asking the board to waiver the time limit of 65 days to continue the Public Hearing.
Donna Foster made a motion to: accept the email written January 31, 2017, to the Planning Board to waiver the 65 day limit and request to continue the Public Hearing on their Site Plan application. Brian Mycko seconded and the motion passed unanimously.
Counsel to the Town, Jae Whitelaw, told the board that they could accept the request and everyone goes home or they can accept the email but continue the hearing with the Trainor’s presenting their case tonight. The Sullivan’s will present their case in March. The Sullivan’s wrote in their email requesting the board to continue the public hearing till March. The board could accept the email but allow the Trainor’s to speak tonight.
Counsel for the Trainor’s, Jason Bielagus, told the board they could have a third choice. He said:
• The Sullivan’s are the one’s seeking the Site Plan
• The board required more information last month and they did not supply it
• The board could deny the Site Plan. The Sullivan’s could apply later with a more complete application.
Jason Bielagus told the board that he did not mind presenting his information tonight but he wanted to make sure he would be able to comment next month when the Sullivan’s would be speaking. Chairman Mills said that would definitely happen.
Jason Bielagus asked for a recess. The Chairman said the board would recess for five minutes.
Chairman Mills opened the public hearing after the recess. Attorney Bielagus stated he did not mind giving the information to the board tonight but wanted to make sure they will be able to comment next month also. Again the Chair said yes. He also asked for a deadline on information being handed in. The Chair asked the Sullivan’s if they thought they would have any problems getting the rest of their information in. Mary Sullivan said they did not realize the information had to be in early. They thought that they would hand it in to the secretary before the meeting so she could make copies for everyone. She thought the board was not allowed to get anything early to discuss things. The Chair told the Sullivan’s that the board is not allowed to discuss anything handed in before the meeting but they are allowed to gather information and to read through things before the meeting. It is the only way for the board to educate themselves. Otherwise the board would probably have to continue more public hearings to review things.
Jason Sullivan said that they had handed in more information tonight to the secretary. Attorney Whitelaw said it would be a good idea to place a time frame for any new information to be submitted.
The mention that March 2nd would be the next scheduled planning board meeting was discussed. Both Attorneys’ said they would not be available for that meeting. Jae said she would be available after the 2nd. Jason said he would not be available till the 13th.
Michael Hogan made a motion to: schedule the next Planning Board meeting to be held on Thursday, March 16, 2017 at 6:00 PM. Richard Krapf seconded and the motion passed unanimously. It was decided that February 15th would be the last day to submit any more documentation.
Attorney Bielagus began his presentation:
• Is this campground grandfathered?
• Does it comply with the Zoning or not?
• Zoning Ordinance was voted in March 1979.
• Zoning Ordinances, page 18, Section 306 states: “Any building or use existing on the effective date of this Ordinance, which does not conform, to the requirements of this Ordinance shall be continued indefinitely, ………….” but cannot be expanded, changed, etc, etc, etc.
• So what existed in March 1979
• Go to his letter and exhibits:
1. First registered plan prior to 1979 is in1969 (aerial view) large tract of land with no indication of any substantial development
2. US Geological aerial photo of 5/22/1972 Square box is property (not clear enough to make any decisions on this said board members)
2b. PLBD approved 11/1972 Shows “existing road” and PSNH ROW Jae asks what the purpose of this plan was to Jason. He said he didn’t know. Jae said that there were no structures shown anywhere, could that be why no structures show at Beech Hill property too?
3. 1977 Only development or improvements is road. Jason said he thinks possibly it is logging road but doesn’t know for certain.(board member states not clear enough to make any determinations) (Many USGS maps follow)
3a. 1977 USGS10 Zoom Photo (again board members say not clear enough to make determinations as to what was there)
3b. 1997 USGS2 25 Zoom
3c. 1977 USGS 25 1-25
3d. 1977 USGS 26 Photo (Board member states there is a clearing in the top area)
3e. 1977 USGS 1-27
4. USGS 10-30-78
4a. USGS 10-30-78
5. Subdivision plan, PLBD 1986 Lot 4A curving line is labeled existing camp road, camp office and pool. Jae asks is Jason saying there are no sites there because nothing is showing on plan. He doesn’t know. Wait till next plan. Jae says so you are not saying that for this plan. Jason said he doesn’t know.
6. Subdivision plan 9-7-1989. (Plan 375B) This plan is proposed to develop Lot 2. This plan does depict sites. There is note on plan that states “proposed continuation of road,” shows maybe road did not exist at that time. “Note” on left side, #2 reads, “All campsites and roads lying on partially outside the limits of Lot 2 shall be removed.” Jason says there were 75 campsites at that time, 23 were outside the Lot 2 that were to be removed. That would leave 52 sites.
6a. 1990 (Plan 448A) Shows what was Lot 2 in 1989 is now Lot 1. Lot lines change a little.
Ken states that if anyone wants to look at anything to come up to the tables to look at things quietly. Not a good presentation for all the public to see.
7. 1995 - 2002 DES - Shows there were 70 sites, 30 of which were hookups.
8. 2016 letter from Stan Borkowski, Building Inspector, need for Site Plan
9. Map of Beech Hill Campground 2016
Sites from 1989 were not removed and they have not applied for a Variance for Res 1 sites and no Special Exception for RB sites. Jason wants to ask town to:
• Enforce the Zoning Ordinances
• Enforce the 1990 Plan, under Note #2
• Enforce the requirements for a Variance in Res 1 and a Special Exception in RB
The letter and exhibits will be attached to the hard copy of minutes in the office.
Jae asks Jason if he said that there was no expansion or changes to be made on a non-conforming lot. He said yes. She then asked how do you interpret Section 306.a? Section 306. “…….shall not be: a. Expanded, unless approved by the Board of Adjustment, which shall find such expansion or extension, does not create a greater nuisance or detriment.” (page 18 of Zoning Ordinances) He said he would have to review it as there are Statues that may state differently. Both agreed to look into it.
Genesis Sullivan asked if when the PLBD stated on a Plan 1990, under “Note” #2, “All roads and campsites laying outside of Lot 2…..”
how do you not know that they just meant that they were no longer in Lot 2 but Lot 1. Jae said it would be something the board would have to question.
Jay Ouellette, former Selectperson and ZBA during 1996-2003, stated that then owner, Edmund Bousquin was very diligent about going to all the boards for anything he needed and to the state.
Chairman Mills stated we had received letters for and against this site plan. They will be attached to the hard copy of minutes in the office.
Jason Sullivan approached the board showing things that did exist, the road and group area on one of the exhibits.
Michael Hogan made a motion to: adjourn the meeting. Brian Mycko seconded and the motion passed unanimously. The meeting ended at 8:00 PM.