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Minutes of 10/5/2017
October 12th, 2017
Carroll Planning Board
Minutes
October 5, 2017
7:00 p.m.
“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 requirement of New Hampshire RSA 91-A:2.”
Members Present: Chairman Ken Mills, Michael Hogan, Richard Krapf, Selectmen’s Representative Brian Mycko, Bonnie Moroney, Donna Foster, and Alternate Member John Gardiner
Members of the Public: Michael LePage, B. Dexter Lafavour, Carol Carlson, George Brodeur, representing C. Lynn Culverwell, Joseph and Paula Brodeur abutters of Echo Lake Investments, LLC, Wayne & Geri Garneau, Ron & Sherry Waring, Evan Karpf, Gardner Kellogg, Patty & Wayne Mycko, Carol Carlson Cunningham, Gerry Pons, Syed Nuruzzaman, and Fire Chief Jeremy Oleson.
Minutes take by: Judy Ramsdell, Secretary Pro Tem
Pledge of Allegiance: 7:00 PM
APPROVAL OF MINUTES
The Chair, Ken Mills asked if the board was ready to approve the minutes of the September 7, 2017 Planning Board Meeting. Mike Hogan made a motion to approve the PLBD minutes of September 7, 2017 as written. Bonnie Moroney seconded the motion and the motion passed with 6 ayes and 1 abstaining. Donna Foster was not at the September meeting and therefore could not vote.
Chairman Mills said after reviewing the agenda, thought it would be a good idea to knock off some of the less time-consuming items first. With the Board’s consent we will start with item #8—Evan Karpf – notification of tenant at 491 Route 3 South and item #7 – Gardner Kellogg/Manuel Cardoza – Boundary Line Adjustment (BLA) Map 407-71 to become 41.49 acres and Map 407-72 to become 2.02 acres. The Board consented to this.
ITEM 8. EVAN KARPF – NOTIFICATION OF TENANT AT 491 ROUTE 3 SOUTH
Mr. Karpf said based on the site plan review and approval for the Birchwood Commons, LLC, the owner will notify the Planning Board of each new shop added and the type of retail business after the occupancy is approved. Mr. Karpf said he sent a letter on September 18, 2017, stating “to take notice that I am informing you of two tenants at Birchwood Commons, LLC. One is a consignment shop and one is a food processing company. Mr. Karpf said technically he doesn’t have to notify the Planning Board, as the site plan review was based on retail. He is notifying them a consignment shop is coming into the building. Mr. Mill said it does say the owner will notify the Planning Board. He said when we last talked the light manufacturing was not filled yet. Each time there is a new retail business, Mr. Karpf needs to notify the Planning Board. Mr. Karpf said Rena asked him to send another letter for the consignment shop. Mr. Karpf said he is being asked who the owner is and that is an invasion of privacy. He is meeting the requirements to notify the Planning Board by certified mail. Mr. Karpf said he informed the Board as a courtesy that the light manufacturing was moving in and then he was told he needed to inform the Board that a consignment shop was moving in. We all live here. We all know what is going on. Mr. Karpf said that the Select Board gives the certificate of occupancy when he has met the requirements of the use which he has. Mr. Karpf said he feels this is mundane and an invasion of privacy to ask who the owner of the space is. Mr. Mills said that he didn’t do this a courtesy. It was a condition of his approval. Chairman Mills asked are we satisfied the conditions have been met. Do we have enough information going forward? As a condition of the approval at the March 24, 2016 meeting, Mr. Karpf will inform the Planning Board by certified mail when a new shop is added and the type of retail business. The Board is satisfied that Mr. Karpf has met the conditions of the March meeting. The item is now complete. Mr. Karpf thanked the Board.
IITEM 4 – CAROL CARLSON CUNNINGHAM – EXPANDING EXISTING 15’X24’, ONE BEDROOM COTTAGE AND ADDING A 30’X40’ SINGLE STORY ADDITION TO MAKE A TWO-BEDROOM COTTAGE. MAP 206/LOT 005- CONTINUED
Mrs. Cunningham requests an extension on her site plan approval for the November meeting. Mr. Mills said we currently have a site plan application, which was continued to this meeting. The site plan is what she wants continued. She said the other she will deal with the sub-division as a separate application and that is in progress. Mr. Mills told Mrs. Cunningham that we still need the site plan review for the building whether it is sub-divided or not. This request for a continuation is a continuation of the last continuation. We will deal with the sub-division issue once it has been notified. Mrs. Cunningham said she is stating her intentions tonight. The Board will consent to the continuation so we will go with that.
ITEM 7 – GARDNER KELLOGG/MANUEL CARDOZA – BOUNDARY LINE ADJUSTMENT (BLA) MAP 407-71 TO BECOME 41.49 ACRES AND MAP 407-72 TO BECOME 2.02 ACRES
Mr. Mills said we have the application. Mr. Mills said he has reviewed the adjustment procedures and one of the items is a general map shall be prepared, which the Board has received and reviewed. A survey map shall be prepared and submitted showing the new property lines. Map 407-71 is to become 41.49 acres and Map 407-72 will become 2.02 acres. Gardner said they are approximately 3000 feet x 208, long and narrow lots. Mr. Cardoza wants to change the lower lot down to 2.02 acres, to make a lot around his trailer and sell it and keep the rest of the land. It meets the town’s requirements and he has a state approval for the lot that is going to become 2.02 acres. He has a septic system design which was approved. He has the approval for the construction of the septic. It is a boundary line adjustment. When the deed is adjusted, it will reflect the language of the town’s ordinance. Is the Deed restriction placed in the plan? Ron Waring said when the Board did the Omni and Fairview boundary line adjustment, we just did it in the deeds but it reflected the verbiage. Mr. Mills said that Items #3 and #4 in the sub-division regulations state the Mylar is not recorded until the town has recorded said deed and will be recorded with the Mylar. Mr. Kellogg said that there won’t be a deed until he has a buyer for the lot. Each lot has a house on it. Mike Hogan made a motion to: approve the boundary line adjustment in accordance with the town’s sub-division regulations. Brian Mycko seconded the motion and the motion passed unanimously.
ITEM 5 – B. DEXTER LAFAVOUR/HORIZONS ENGINEERING & SYED NURUZZAMAN/ECHO LAKES INVESTMENTS, LLC – CHANGE OF USE FROM ONE-FAMILY DWELLINGS TO TWO-FAMILY DWELLINGS – MAP 206 LOTS 058, 058.1-058.9 - CONTINUED
This a continuation from last month’s meeting. B. Dexter Lafavour or Horizons Engineering said Echo Lakes Investments, LLC/Syed Nuruzzaman is proposing to change the single-family dwellings that were approved in the 2005 subdivision for Solar Springs to two-family dwellings. In reviewing the abutter list, an abutter was missing, who has been notified. Mr. Lafavour also has gotten together with the road agent and they have revised the water line. The water line will now tap on to the south side of Route 3. The existing water line comes across the property near where Solar Spring Road is. There is a place to hook into the existing 8-inch line. There is a hydrant located at the end for flushing purposes.
Mr. Mills said we will run through the Site Plan Review Application and open up the public hearing after we deem it is a complete application. This new plan tonight has the changes to the water line. Another thing at the last meeting there were two options, one with a cul-de-sac and one without. Mr. Lafavour said the cul-de-sac was eliminated and it now includes a hammerhead. It is a private road. There are two-foot contours, and presumption of compliance with original sub-division approval. All they are here for is a change of use and change of water line. Wetlands to the south are depicted. The septage disposal is on file. They have put in on the plan the water line from the town line, sewage on site and in compliance. Mr. Lafavour said the plan has been reviewed by the Fire Chief and Road Agent and both are all set. Chief said hydrants are good, roadway being dressed up and established according to plan with widths and distances. Roadway is to design. Per discussion will submit documentation of this by the owner.
John Gardiner asked about the water line that crosses the property and that is what they are going to tap in to. Mr. Lafavour said that is the Road Agent’s recommendation and preference. Mr. Brodeur said it goes up to the tank on Little River Road.
Brian Mycko made a motion that the application is complete. The motion was seconded by Mike Hogan and the motion passed unanimously that the application is complete.
Mr. Mills said that we will open the public hearing for input into the plan.
Mr. Karpf asked if they are going to provide a name for the street sign. He would like to suggest that we start to make the street signs larger for the aging population. Is there going to be a stop sign placed at the end of the driveway before Route 3?
Mr. LePage, an abutter to the project, said it would be nice to see the names of the different members of the board with name plates.
Mr. LePage asked about the water line, he is at lot 59 and wanted to confirm that this project is not going to tap into his property at all. Mr. Lafavour said it won’t. Mr. LePage said he has issues regarding the change from single family to duplex. Why do we need to change from single units to duplex units? We are increasing the number of families from 9 to 18. The commercial space is open, and he is concerned about traffic and heavy use in that area. He has had issues with safety and is also concerned about what is going on down at the Charlmont. Will the road be lit? No plans to light it. Concerned about the types of units—are they going to be two-family sideways or up and down. Mr. LePage is concerned about the heights of the buildings. They cannot be any higher than 35 feet. Will he be looking at roofs instead of mountains? He is concerned for his own privacy and his own view. Mr. LePage said he concerned that this is a radical change in the practice plus whatever goes in at that commercial property. What kind of units will they be—manufactured homes? Mr. LePage said he is concerned because he does not know exactly what is going to be placed on those sites. He would like a little more knowledge of what is going to happen.
Mr. Lafavour said the buildings are intended to be two-family duplexes. They may be side by side or they may be up/down duplexes. They won’t all be the same. Mr. Mills said if they are in compliance with the town’s ordinance, as property owners they should be able to use their land as long as they fall into compliance. If they are following our regulations, there is not much we can do about it.
Mr. LePage said that side by side level does not bother him. He is concerned about his privacy. He is hearing “be good neighbors” and it is worth discussing his concerns with the property owners.
Donna Foster asked if they are they going to be rental units or for sale. Mr. Lafavour said that it is not definitely decided at this point.
Mr. Brodeur said he represents a couple of abutters and he is an abutter. Could he get a copy of this drawing or acquire a property map so he can show it to the people he is representing? Mr. Lafavour had an extra copy that he gave to Mr. Brodeur.
Cheryl Wareing, an abutter, said she is concerned with the town being able to take on 18 more families – how does this affect us? Dexter said the original design was for 9 four-bedroom units, now they are two-bedroom units. There will be no additional water demand. The Road Agent has indicated there is plenty of supply. There is also a concern with the traffic coming onto Solar Spring Road. Route 3 is a busy road. Dexter said that they have good site distances in both directions.
Mr. Karpf said a major concern he has is that he understands they can’t dictate if they are for sale or rent, but if they do rent the units to limit the population of who rents those buildings. The concern he has is the impact on the town services, transfer station, police and fire. He lives there, loves where they live and they understand the effects of a rental where it is used by multiple people being in the facility. Would they accept a condition to limit how many people will actually be living in the units? Mr. Mills said there is no ordinance for this. Mr. Karpf said he would ask the owner to place a limitation on the occupancy of each duplex. You can make it anything you want.
Are these properties going to be seasonal or year-round residences?
Mr. Nuruzzaman said if they can’t sell it, they will rent it. It depends on the situation. Are they going to be seasonal units? He said it will definitely not be Airbnb units. He does not know. He manages properties, and it may be monthly rentals. The pure intention is not totally decided. He said they currently manage properties. The intention for the buildings is to try to sell, failure to sell, will rent, long-term lease situations.
Mr. Karpf said it doesn’t answer his question. Mr. Hogan said we can’t tell him how many people he can rent to. You can’t impose without citing a reference.
Mr. Nuruzzaman said we as landlords are not allowed to ask questions like that. We check their references and credit. There is concern of high turnover and a lot of people living in the units. A long-term lease if you can’t sell it is preferable. Beyond that, we’re getting out of our sandbox.
Donna Foster said she used to rent condos for the owners, and they told the renters that this unit sleeps a certain number of people. Mr. Nuruzzaman said they follow Massachusetts Housing Authority for their rentals. They even talked to a builder today. Sooner is better for them. Would like to get in as soon as possible.
Will the roads remain dirt roads? The intentions are for the roads to remain dirt.
Sherry Wareing said she is concerned that they will go on to her property, and she is concerned for the safety of her property also. She has seen the people who are looking for long-term rentals.
Mr. LePage said he is concerned with making this an 18-unit area with traffic. We are talking about at least 100 cars, and that little road, Solar Spring Road will see a lot of traffic. The Planning Board said that we have regulations with parking spaces. Mr. LePage said that he has been coming up here for a long time to live in a nice peaceful area. If this development gets approved and goes forward, he could end up being on the most heavily traveled road in town. It could be the opposite of why he came up here, and he would be living on the busiest road in town.
Mr. Hogan is wondering about the commercial lot. Dexter said that is part of the application. We would like it to be a retail use. This is zoned for business. Rena said the advertisement did not go out for that. It just went out for the nine lots because that is what she was e-mailed. They will need to come back for a site plan review for the commercial lot to be used as retail. The commercial piece was not noticed. A retail business is allowed, but it has not been addressed in the site plan review. Dexter said they would like to develop that lot as retail so he will do what he needs to do administratively. Rena said that it can be approved as a retail lot, and they just need to come back for a commercial approval.
At this time, Lot #1 will be included in the approval for dual residential just like the other lots. Mr. LePage said 58.1 is on Solar Spring Road.
For Lot 58 to be approved as commercial, it will have to be a separate hearing. It is zoned residential/business. They have a right to do a business, but they will have to come back with their plans for that. This change of use for tonight is for Lots 058, 058.1-58.9 to change one-family dwellings to two-family dwellings. Lot 58.10 is not included in this approval. For tonight’s meeting we can accept the application as complete.
Sherry Wareing is wondering what affect this will have on our taxes? If you are talking about duplexes with people living here year-round, it will affect the number of school children. What other town services will be affected? Mr. Lafavour said they have their own septic and town water is sufficient to serve them.
Evan Karpf said each new home increases the overall tax burden by $2.78 statistically. Commercial businesses lower the tax rate. The Planning Board said that is beyond the scope of this approval.
This was previously subdivided, how close are these to the previously approved sub-division? Mr. Lafavour said there are no changes to the lot sizes.
Mr. Mills said we are clarifying this approval is for Map 206, Lots 058, 058.1 to 058.9. He has addressed the cul-de-sac change to a hammerhead.
Close the public hearing at 8:09 p.m. Board goes into deliberation on what has been presented.
Mr. Hogan made a motion to: approve the Site Plan Review application for Echo Lake Investments, LLC – Change of Use from one-family dwellings to two-family dwellings for Map 206, Lots 058, 058.1-058.9 with the conditions the Fire Chief puts on the road with written follow up on the road clarification. Bonnie Moroney seconded the motion, and the motion passed unanimously. Rena told Dexter we will need a Mylar.
Item #6 – B. Dexter Lefavour/Horizons Engineering & Syed Nuruzzaman/Echo Lake Investments, LLC – Restoration of motel and restaurant, function room and new carport
Chairman Mills read a letter of support from the abutters: Linda Webb, Pat Lichtenwalner, and June Marihugh, 273 Route 3 South, Twin Mountain, NH. They said they are pleased to see this property have a new face lift.
Mr. Lefavour said this Site Plan Review application is for the renovation of the existing motel to include restoration to the prior use as a motel and restaurant, function room and new carport. The Board reviewed the application checklist to determine the application was complete. The acreage needs to be added to the plan. All existing buildings are shown and will be renovated. There are 2-foot contours. They have proposed to add a carport extension on the current structure. There is additional parking in back for existing uses to be continued. It is a drive-thru carport. The building is on a ridge and drainage from the south comes to a low point off the property. The general area behind the hotel drains to the west where it crosses the road, there is a small retention area to deal with the run-off. Future run off will be less than the existing run-off. There are three existing wastewater disposal systems currently. For water, we are providing a water line across Route 3 and there will be a hydrant on south side in front of the building at the Fire Chief’s request. They do have elevations of the two buildings and the annex as well. No change except for the carport. Additional parking in the back is a change. There is existing access on to Airport Road. We plan to use existing landscaping, upgrade garden space on the south side where the entrances are, similar landscaping added in front of the larger building. The pool is filled to grade. The wall by the pool appears to be sound. Fire Chief Oleson said that tonight is the first time he has seen the drawing. Chairman Mills said we can receive it as completed based on further discussion with the Fire Chief. All depicted in the site plan. Everything about it is it is good to go. Nothing on file with DES that there are any problems with the septic system. The Board said that they would need documentation from the Road Agent on the water hook-up.
Donna Foster asked if there was any documentation or old plans on the septic system. Have you checked with DES? Mr. Lafavour said he checked under the last two owners’ names and nothing has come up. There is nothing on file with DES that there are any problems with the septic system. Mr. Lafavour said until there is a failure it is grandfathered for the prior use.
Bonnie Moroney asked about the building itself, i.e. asbestos. Mr. Lefavour said that asbestos removal had been completed shortly after it was purchased. They have documentation. The documentation on the asbestos removal will be needed for the issuance of the building permit.
John Gardiner made a motion to: accept the application as complete. The motion was seconded by Bonnie Moroney, and the motion passed unanimously that the application is complete.
Evan Karpf asked if they know where the current water line is that feeds the building. Mr. Lefavour said they know where the water shut off is. The abutting lot under Joan’s name had a freeze up and exposed the line. Best recollection is that the shut off exists on the corner of Route 3 and Airport Road. They suspect that that line runs across and feeds into the building and feeds the two houses above. It is down a good six to seven feet. The line will continue to feed those two houses above. A concern they should be aware of, it is a poly line at the shut off to the purple house on Airport Road.
Mr. Lefavour said that this is going to stay as a motel. They are proposing no change of use. It will also include a restaurant. Mr. Karpf said he supports this plan.
The Board closed the public hearing to deliberate on the application.
Bonnie Moroney made a motion to: approve the Site Plan Review application with the contingency of approval of the road agent and fire chief. Mike Hogan seconded the motion, and the motion passed unanimously with said conditions.
OTHER
Member Terms
Mr. Mills said that he will be resigning effective in March. The Town Clerk can tie that open seat into the normal election process. Mr. Mills said there will be one year left on his term. Donna Foster said she is going to be away during the winter months, but the Board felt we can cover that with our alternate members.
Fire Chief Jeremy Oleson said there can be changes in the ordinance to put in a square footage requirement for residential units so you can’t have 20 people living in a duplex. 70 to 100 square feet is typical. It was noted that we had looked in to this before and were not too successful with it.
North Country Council is unable to do the updating of the Subdivision Regulations and Site Plan Regulations. We have a proposal from Tara Bramford, who is a planner who recently left North Country Council for $3,000. Rena said North Country Council did not contact her. She had to follow-up with them.
Richard Krapf made a motion to: ask the Select Board to sign a contract with Tara Bramford for $3,000 to finish the review of the Site Plan Regulations and Subdivision Regulations with a deadline for completion. Bonnie Moroney seconded and the motion passed unanimously.
Michael Hogan made a motion to: adjourn. Brian Mycko seconded and the motion passed.
The meeting adjourned at 8:50 p.m.