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Minutes of Town Board Meetings

Minutes of 6/14/2018

June 29th, 2018

TOWN OF CARROLL ZONING BOARD OF ADJUSTMENT
92 SCHOOL STREET
TWIN MOUNTAIN, NH 03595

MINUTES

JUNE 14, 2018


Members Present: Chairman David Scalley, Dianne Hogan and Janet Nelson

Public: Paul Bussiere, Carl Brooks, Lisa Miller, Evan Karpf

Minutes taken by : Tammy Dubreuil

Meeting called to order at 7:00pm, followed by the Pledge of Allegiance.

Approval of Minutes: The Chairman asked if anyone had any questions or corrections on the minutes from May 17, 2018 meeting. Correction needed on the date for the minutes as they read 2017 and should be 2018. No other corrections needed, motion was made to approve the minutes with correction of date to be changed to May 17, 2018. All in favor.

SPECIAL EXCEPTION – CARL BROOKS GRAVEL PIT EXTENSION: Chairman went over the application stating the Mr. Brooks is here to ask for an extension on the gravel pit for another five (5) years. The permit expires in January 2019, this extension would bring it to 2024. Mr. Bussiere spoke up and stated that when it was approved 5 years ago there was an error on the application as it should have asked to be approved for 10 years as the regulations allow for that. Chairman then read over each of the 3 criteria:

Criterion #1: The proposed use shall not adversely affect the capacity of existing or planned community facilitates: No community facility loads are planned for this property.

Criterion #2: The purposed use shall not adversely affect the character of the area affected.

Criterion #3: The purposed use shall not adversely affect the traffic on roads and highways in the immediate vicinity: The gravel pit is located away from local roads and highways. Additionally, the estimated five-year excavation is 30,000 cy or 6,000 cy/year. If the gravel pit open for 150 days/year, the average truck volume leaving the pit is approximately 4-5 trucks a day, as 12 cy loads. Adding a 5 years extension.

Chairman asked if any further discussion is needed. None. Dianne Hogan made a motion to accept the extension for 5 years from January 2019 to January 2024. Janet Nelson seconded, all were in favor. Passed.

SPECIAL EXCEPTION – BIRCHWOOD COMMONS LLC: Evan Karpf started to explain what he was looking for and Chairman stopped him to read a legal statement before he proceeded.

Chairman stated, before we hear the application of Birchwood Commons LLC for Apartments by Special Exception / mixed use of retail and professional, I want to state that I know about this project from my role as Building Inspector. The law says that this is not a reason for me to disqualify myself. I have no interest in the outcome. I can be impartial. Do you Evan agree to let me vote on your application? Evan stated yes. Chairman asked if there any abutters who oppose this application. No one was else was there.

Chairman went on to read the 3 criteria:

Criterion #1: The proposed use shall not adversely affect the capacity of existing or planned community facilitates. No impact, no planned community facilities.

Criterion #2: The purposed use shall not adversely affect the character of the area affected. Business district, apartment on site, character of area where apartment exist exceeds parking requirements and septic requirement. Chairman stated that the ZBA is not here to discuss the parking or septic, that is something the Planning Board does.

Criterion #3: The proposed use shall not adversely affect the traffic on roads and highways in the immediate vicinity. Route 3 designed as a major thru line, adequate parking and turn around on lot.

Discussion: The property is located in RB Zone and there it states on page 13 that the minimum lot size must be 1 Acre, this property has 4.4 Acres. Apartment buildings in their district shall have an additional area of 10,000 square feet for every 1,000 square feet of livable space in addition to the minimum lot area required for a single-family dwelling. Minimum frontage shall be 100 feet. The minimum yard setback requirements are as follows: Front setback – commercial – 40 feet, side setback – 20 feet, rear setback – 25 feet. Chairman ran all the numbers and said that the applicant has more than enough room for the apartments and the building meets the special exception requirements and the setback requirements.

Dianne made a motion to accept the application on Birchwood Commons LLC, Janet seconded all in favor. Approved.

Evan continued on to explain what he would like to do with the building and stated that Jeremy Olsen, Fire Chief, had no problem with what Evan plans on doing. There are now 11 units and 1 apartment upstairs at the property. Evan wants to bring business to Twin and he has people looking for apartments, his goal is to bring retail and professional offices to town along with apartments. Chairman said that the property is located in the RB Zone and retail is an allowed use, see page 12 of regulations letter “G” as well as professional use see letter “I”, apartments are allowed by special exception only, see letter “A”.

Evan went on to state he currently has 11 units there and his goal is to bring business to Town. He wants to turn the 11 units into 2 – 1-bedroom apartments and 1 studio apartment with mixed use in-between. Right now, he has unit #5 rented and units #1,2 & 3 are rented by one client but will be going to only 1 unit in March 2019. He wants to turn units #9 & 10 into apartments and unit #8 into a studio and the rest mixed use. He said the Planning Board and the Fire Department are all ok with this. Chairman said he would probably have to go for a site plan review as he is wanting 4 apartments where he only has 1 now. He advised Evan to make sure he has all his information correct and that the Planning Board gives approval, Evan said he has tenants wanting to move in for July and August and the Planning Board approved him before. No further discussion.
Janet made a motion to Approve the Special Exception for Birchwood Commons LLC to turn these units in apartments as an allowed use per Special Exception letter “A”. Dianne seconded, all were in favor. Approved to allow apartments as a Special Exception.

Chairman stated that there is a joint ZBA and Planning Board meeting on June 19, 2018 and hopes those on the Board can make the meeting. No meeting in July as of today’s date.

No other business. Motion to adjourn at 7:32 pm