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Minutes of Town Board Meetings

Minutes of 4/6/2017

April 19th, 2017

Carroll Planning Board

Public Hearing Minutes

April 6, 2017

6:30 PM

“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, Richard Krapf, Bonnie Moroney, Selectman’s Representative Brian Mycko, Michael Hogan and Karen Saffian

Members of the Public: Town Counsel, Jae Whitelaw, Jason & Mary Sullivan, Joe & Lisa Trainor, Counsel for the Trainor’s, Jason Bielagus, Attorney John Bielagus, Len Wood, Tyler Phillips, Holly Sullivan, Genesis Sullivan, Mike Sullivan, Sean MacDonegal, Sean & Elaine Miemiec,

Minutes taken by: Rena Vecchio, Secretary

Pledge of Allegiance: 6:30 PM


Bonnie Moroney made a motion to: approve the minutes of Mach 16, 2017. Brian Myko seconded and the motion passed with 5 ayes and 1 abstention as Michael Hogan was not at the March meeting.
Len Woods wanted it noted that on the minutes of March 16th, page 9, 8th bullet, he stated he camped in 1988-89 but he was wrong on the dates and he wanted to change it to the correct date, 2000-2001.


The Chair explained that election of officers happens every year at this time. The Chair has spoken to the secretary and she has agreed to stay on.

The board nominated one person for Chair. Brian Mycko made a motion to: nominate Ken Mills for the Chairman’s position of the Planning Board. Karen Saffian seconded and the motion passed with 5 ayes and Ken Mills abstained.

The Chair told the board that Michael Hogan had contacted the NHMA on Vice Chairs and was told that if the Rules of Procedure were modified to read that if the Chair and Vice Chair were not available for the same meeting, that a Chairman/Vice Chair could be voted in to preside over the meeting with a quorum. He said that Donna Foster, Bonnie Moroney and Michael Hogan had all been approached on the position and all had the same concerns with availability.

Ken Mills made a motion to: nominate Michael Hogan as Vice Chair to the Planning Board. Richard Krapf seconded and the motion passed with 5 ayes and Michael Hogan abstained.

Roles of Procedure

Ken stated that the Rules of Procedure had not been done since June of 2013. Tonight is to go over what anyone wants as changes/deletions/corrections and in June the board will vote for those. Attached are Ken’s items he has noted. (attached to the hard copy in the office) Ken asked if any board member had anything else to add. Michael said that he agreed with all the corrections Ken had made.
Richard Krapf asked the secretary if she had been posting the public notice of a submission at the fire station and she said no. But she did notice it in the Rules when reading it. He said that the Fire Chief also noted it was not there and would like it to start being posted there again. The Fire Chief told Richard he was quite upset when he came to the meeting on March 16th and realized he missed the Site Plan application for Twin Mountain Plaza.


Ken said this is a continuation of the Site Plan Review application brought forth by Beech Hill Campground in December 2016. Ken believed that the board should go thru the Submission Requirements again to make sure everything had been noted and to understand why there were some that were noted Not Applicable. The latest maps were asked to be hung and pointed out the area in which the 30 sites were to be put.
Michael Hogan did not understand why the board had to go thru the requirements again. Richard Krapf felt the board should go thru again to refresh themselves as it had been a while. The board agreed with Richard. Michael Hogan wanted to make sure that if the board accepted the application for completeness in December, could they legally go thru it again.
The Chair said that actually brought up another question. The Site Plan Regulations that the board has been using are dated December 6, 2016, yet there is no signed sheet for the newly adopted regulations. There was no minutes on the adopted regulations and if there did not need to be a PH then those were the regulations the board felt were the most recent. Jae stated that he had better check with the applicant and abutters because the regulations from 1993 were on the town site. Both the applicant and abutters were working off the regulations from the website and they were the 1993 regs. Jae said that the board needed to see if there was a difference in the two regulations, then the abutters and applicant would need time to look at them. Jason Bielagus, Counsel for the Trainor’s, said he feels they need to vote to continue the meeting to give them a chance to review effectively what they are dealing with. He said they are ready to go thru the Site Plan using the 1993 regulations but not the 2012. Ken said the previous secretary was asked to redo the format and have this all set up. He did not think there were any changes. The secretary said she would print off the December 6, 2012 minutes because those showed what was approved that night which was adding flood plain from FEMA, culverts and bonding. Jason B said he did not feel this was something that could be checked in 10 minutes. It was needed to go thru slowly. Jason Sullivan, owner of Beech Hill Campground said he had both copies and the did not seem to be any different. Jason B asked if anyone had a signed copy of where they had adopted this. The answer was no, He also wanted to know if it had been recorded by the Registry of Deeds and the answer was no. Jae said she did not believe the regulation had to be recorded. Jae said if this all points to the 1993 regulations as being the most updated and approved, then everyone would be using the correct regs and the meeting should be able to continue on tonight. Jason B said he believes: 1. They need to determine which set of regulations are effective 2. What criteria was used in December for the Beech Hill application. Ken said it has been determined that the 2012 Regulations had been used. Now they need to see if there would be a difference in using either one. Ken wanted to know if they only added items to the 2012 regs were driveways and culverts, would that warrant having to continue the meeting? Jae said you have to decide which regs are current then see if there are any differences that would affect this application.
She feels there is not and feels the meeting could be continued tonight, but wants to know how Jason B feels. He said that he did not feel he had the time to look thru this tonight and feel comfortable. Lisa Trainor said she feels other abutters that were not able to come tonight do not have a chance to speak on this. Joseph Trainor said he feels that continuing tonight could leave a hole open for anyone to sue down the road. Jae said she didn’t disagree. Joe said they have paid professionals to go thru the regulations of 1993 and that is what they are relying on. Jason B said he was missing page 7 of the 2012 regs and wanted to know if anyone else had a copy. Jae asked for a 15 minute break. Jason B said the Table of Contents noted a page 7. Ken announced a 15 minute break for everyone. Jae said the board needs to decide the valid document.
Jae asked the board how they used the new regulations if there was no page 7. Ken said he had a copy in his book that had the page 7 but the copies that were run off tonight did not have it. The rest of the board said they know they had a page 7 on the regulations they have at home. They all knew that it was there. Ken and Jae said that although the board in 2012 voted to approve the changed regulations, they did not complete the process, there are no signatures or minutes to say otherwise. So the regulations from 1993 are the most current and effective. Jae said she wanted hear what people had to say about this. She did not want the board, applicant and abutters to do all this work to have someone down the line have a problem with this decision,
• Len Wood said it needs to be right or it costs everyone-Up to Jason B to decide if that was his conclusion too
• Jason B said he can’t say that now-needs time to look-wants to continue meeting till May
• Ken wants to know if everyone says they used the 1993 regulations and Jae is saying she believes those are the valid ones, why can’t the board continue the meeting now, why do they have a problem for that
• Jason B said he just isn’t sure yet he hasn’t been able to spend enough time to be confident that is correct
• Lisa T said she is not ready to waive any rights yet by agreeing with that-wants time to make sure-that way there would be no issue of an appeal

Richard Krapf made a motion to: continue the Site Plan application for Beech Hill Campground till May so the board can make the determination which Site Plan Regulations are in effect. Michael Hogan seconded and the motion passed unanimously.

Tyler Phillips says the board, applicants and abutters will need time to look over additional submissions. Jae said she does not believe that there will be a need for additional submissions. If the 1993 regulations are in effect then the deadline for submissions will hold. There should be very little changes from one regulation to the other.
Ken and Jae said:
• The board will continue the meeting till May, 7:00 PM
• Within one week a decision on which regulations are valid and all will be notified
• If more recent ones are valid, then will need to look to see if board needs to continue the hearing again in case of new submission allowed
• If old regulations are valid then meeting can be held in May and the old date of submissions, March 27th will still hold

Discussion of whether board should waive the deadline for submission. Jason B said lets go to the May meeting and make a decision then which regulations are in effect. Then people would have two weeks for additional submissions and then Site Plan can be continued till the June meeting. The Chair and board felt that was a bit excessive and did not need to happen. Mary Sullivan, applicant, said if board can make a decision on which regulations are in effect, they can have any needed submissions in one week from that which leaves two weeks for all to review.
Jae said she was going to spend time after this meeting going through minutes to determine which regulations are in effect. Jason B said he would like to know what minutes were relied on to make that decision and then have someone double check those minutes and time frames that were looked at. Joe asked for any additional new submissions to the town be submitted to them also. They would like to a PDF of the map and Gardner Kellogg could send it to him after the 10th. The Sullivan’s asked for the same to be done for them.

Richard Krapf made a motion to: waive the 15 days prior to the meeting. Michael Hogan seconded and the motions passed unanimously.
Brian Mycko made a motion to: adjourn. Richard Karpf seconded and the motion passed unanimously.