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December 7, 2006 minutes

December 10th, 2006

Carroll Planning Board
Meeting Minutes
December 7, 2006


“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 of the Board present: Chairman John Birknes, Evan Karpf, John Sweeney, Connie Oliver, Ernie Temple and Bill Wright

Members of the Public: Joan Karpf, Edith Tucker, Leslie Bergum, Mr. and Mrs. Upton, Billy Rines, Mark Vander-Heyden, Jeff Duncan, Carol Holland, Bob Holland, Jeffrey Simmons and Bill Smalley,

Minutes taken by Maryclare Quigley, Secretary:

Pledge of Allegiance

Meeting called to order at 7:00 PM

The Board reviewed the minutes of November 2, 2006. Evan Karpf said that John Warren will be responsible for the cost of the street sign referred to on page 1, and asked to add that phrase. Chairman Birknes entertained a MOTION to: accept the minutes as corrected. Ernie Temple made the motion and John Sweeney seconded. All were in favor and the minutes were approved unanimously.

As there were no items to sign, the Chairman moved on to reviewing correspondence, including a thank you note from Charlie Cohn for the fruit and flowers sent to him when he was in the hospital.

There were several letters regarding the cell tower and Mr. Birknes asked that these be held for the hearing which had been continued from November. At this time, the Chairman advised that the hearing had been postponed to December 19, as the Board’s RF engineer was unable to be here for the original continuation this evening.

There was also correspondence from DES regarding several deficiencies and how these can be resolved at the Elworthy/Muldoon subdivision on Route 3. Dr. Karpf updated the Board on the situation from when Mrs. Stapleton made the complaint of the number of trees being cut and the subsequent viewing of the property when the deficiencies were discovered. Because the developers made application to the DES, acceptable resolution should be agreed to.

2006 Municipal Law Update by Bernie Waugh, Esq., was received, and Chairman Birknes requested that copies be made for each of the Planning Board Members.

Billy Rines appeared on behalf of the Twin Mountain Baptist Church and as the agent for Julie Roesbery regarding a boundary line adjustment between the two properties on Route 3 North, Map 204, Lot 1. The purpose is for the Church to attain land for parking only. They will use the same entrance and egress that they currently use. There had been a question as to whether this would be a subdivision or the boundary line adjustment. The Chairman believes the language is a little contradictory, and where it is already a non-conforming lot, the line adjustment applies, and a public hearing shall not be required when acting on a transfer of less than an acre of land. Mr. Rines explained that getting the cars off the side of the road is also a safety issue, which the state had previously discussed with them. Mr. Rines advised that the state driveway permit is already in their possession. Discussion regarding what will be done to the land ensued. Mr. Rines said that the trees will be removed, including a couple from the Roesbery’s remaining property, and while there will be no alteration of terrain, they will eventually be paving it. Joan Karpf questioned the drop-off to the back of the piece and Mr. Rines said while there is no river there, it does allow for drainage, but is completely dry for at least eight to nine months of the year. Dr. Karpf asked that they address the run-off so contamination will be avoided, and Mr. Rines said they will as the state also wants that.

There being no further discussion, Dr. Karpf made a Motion to: accept the boundary line adjustment and Ernie Temple seconded. This passed unanimously.

Next was Mark Vander-Heyden for a conceptual review for the Alfred Picconi Subdivision on Route 3 North, Map 408, Lot 2. Discussion took place and Mr. Vander-Heyden explained that it is a 26-acre parcel .2 mile beyond Lennon Road on Route 3 N.
The purpose is to subdivide into five lots, and to give one lot to each of his three children, keep one, and sell the lot with an existing house. He asked if the road would have to be a town road or if they may keep it private. Mr. Vander-Heyden was advised that it may be kept as a private road but must be built to town specs. All of the new lots are over five acres and there are hydrants in the area, so he believes town water is available. Jeff Duncan asked that if they go with that, he would like to see at least one hydrant at the intersection of the new road and Route 3. The new road will have a so-called “hammerhead” at the other end of it and there was a suggestion that a hydrant also be placed there. The property is basically dry with the exception of two small pockets which Mr. Vander-Heyden has already noted on the plan. He was advised to speak with Billy Rines, Road Agent, and Jeff Duncan, Fire Chief, for road specs and emergency vehicle accessibility and to Cpl. Bill Smalley, who handles 911 addresses for the Police Department regarding the road name, when it is decided.

There were questions about the road and bonding. Mr. Birknes advised that a Surety would be required for the road and anything else agreed on to cover costs plus about 10 or 15%. The question of a time limit for doing the project was also asked. Mr. Vander-Heyden explained that the children are still fairly young so turning the property over to them would not necessarily be done for several years. He was advised that a three-year process might be acceptable but anything beyond that could entail changes because of changes in zoning or other requirements.

Mr. Vander-Heyden said they will apply to the state for a driveway (road) permit, and they will go to the state for the lot that is under five acres. The four other lots, all being over five acres will not have percs done on them.

Chairman Birknes entertained a Motion to: accept this plan and to proceed for a public hearing. Ernie Temple so moved and Evan Karpf seconded. This received unanimous approval.

Mr. Vander-Heyden proceeded to complete an application and submit it with attendant fees to facilitate a public hearing for this subdivision at the meeting on January 4, 2007.

The next item was regarding Crawford’s Purchase. Evan Karpf explained that there is a meeting on December 20 on unincorporated land which he plans to attend. He will try to have all the information needed to discuss this further at the January meeting, and failing that, at the February meeting.

The Board was next asked to review a policy on Technical Assistance that Jeff Duncan, Fire Chief, plans to adopt and implement beginning January 1, 2007. The purpose of this is to require non-residential buildings to have a review of plans by an independent third party reviewer for new construction, and is at the expense of the owner. This applies to any commercial building for the life safety of occupants of the building. It is already in the State Code, just not in the town. The Fire Chief or Code Enforcement Officer will pick out the third-party reviewer company. Mr. Duncan expressed concern that this policy is clear. It was stated that the Selectmen are changing the building permit and everything will require a permit, and this will be part of the permit.

The Chairman entertained a Motion that: the Planning Board recommends to the Board of Selectmen that the third party review process for technical assistance as set out in Uniform Fire Code is adopted which will require all new non-residential construction and perhaps major non-residential reconstruction to provide for a third party reviewer at the applicant’s expense. Evan Karpf moved the motion and John Sweeney seconded. The Motion was approved unanimously.

Next was for the review of the Ordinance for Adoption of the International Residential Code, recommended by the Selectmen. Because the version presented was dated 2000, discussion ensued about adding all subsequently adopted versions. Mr. Temple suggested making it the “current edition as adopted by the state” or other wording that would make it all-inclusive. There was discussion if the Planning Board would go forward with this as a warrant article or if the Selectmen would. Bill Wright was asked to bring this up at the Selectmen’s meeting Monday night and the Chairman asked Maryclare to check with Town Counsel if the Planning Board must sponsor and hold the hearing or could/should the Selectmen sponsor this article. He checked in the handbook but the wording was unclear.

Under other business, the Chairman asked the Board if they wish to resubmit the Outdoor Lighting Ordinance that had been defeated two years previously. This would be as a new section in Article IV for the purpose of preserving the rural atmosphere and dark skies. Discussion ensued. Joan Karpf said basically it is asked that light be shielded and does not require expensive fixtures and an added benefit would be a reduction of energy, having the light were it is needed. Mr. Temple asked if it should mention a maximum luminosity and Mrs. Karpf explained that originally it had, but there was concern that it may be difficult to understand, so it should not be. It was stated that the Site Plan Review will include the light ordinance. Evan Karpf made the Motion that: the Board put forth the Outdoor Lighting Ordinance. John Sweeney seconded and it was approved unanimously. There was discussion of when to hold the Public Hearing, with January 4, being agreed upon unless there was a problem with timing. Mr. Birknes said that if we have to set up a special meeting, it would be done.

Dr. Karpf brought up the emails he had sent to the Board earlier today regarding architectural design and ridgelines. He feels it would be a good idea to adopt some guidelines for the town and had forwarded the ordinances and regulations of several towns on these two subjects. Mr. Temple asked about a timeline for when we might implement something. Dr. Karpf said he will put together something after he has received some feedback from the Board, and suggested that it be done fairly soon. He will be in touch with Town Counsel by email hopefully on Friday, the 8th. Mrs. Karpf suggested not limiting to New England style only and specifically mentioned the Quiznos building as well as other log buildings in town the “work well.” Discussion took place as to whether these would apply to commercial, residential or both. Leslie Bergum suggested perhaps limiting it to commercial buildings at this time, to which Mr. Birknes concurred. The possibility of having a hearing on January 4, was raised, and will be attempted. Dr. Karpf remarked that while he will try to limit his email to Bernie Waugh with one document, for the sake of time, it would be presented as two separate ordinances.

At this point Mr. Birknes told the Board that he or the Board of Selectmen had been informed by Allan Strasser that he had received a complaint that there was a conflict of interest for John Birknes with his being Chairman, and a member, of the Planning Board and a member of, and Chairman of the Bretton Woods Property Owners Assoc., Inc.
He also said he had been informed that it had been put before Town Counsel though to date he has not been notified of such. He does not feel there is a conflict, but because there is “talk” around, Mr. Birknes just wanted to bring it to the Board to clear the air so-to-speak.

Joan Karpf, representing the Conservation Committee, presented the Wetlands/Surface Water Protection Buffer Ordinance which protects the area adjacent to the wetlands or water areas with the hope that the Planning Board will approve as a warrant article. Discussion took place including what it might do to the village which is proposed for being built near the river in Bretton Woods. Mrs. Karpf explained that there is a special exception for those things which may be considered as hardships and that people can submit an application for such. Mrs. Karpf advised that several sources had been used for writing the ordinance and the Chairman recommended it be reviewed by Town Counsel as to writing a summary for the warrant and ad. Mrs. Karpf also asked if Bernie Waugh could also be asked to comment on the enforcement and penalties section, as to whether there are state regulations or not, as the committee was not sure.

Ernie Temple made a Motion that: the Planning Board sponsor this article which was seconded by John Sweeney and approved unanimously.

Jeff Simmons introduced himself as the guy who lives in the shadow of the proposed cell tower. He will be unable to attend the meeting on December 19, and wanted to call some things to the Board’s attention. At the November meeting he had invited the Board members to his house to view the area and asked if any had been able to go. He also showed pictures taken from his house during the balloon tests. Chairman Birknes asked that the record show that the Board looked at the photos and that copies will be made available for the meeting on the 19th.

Jeff Duncan said that at the public hearing in November for the cell tower he asked that space be kept for public safety services and that Atty. Hildreth not only said there would be, but that if they knew what they needed when it is being installed, that they would cover the cost and that this is in the minutes. Mr. Duncan advised that they know what they need, and gave a copy to the Board. Mr. Birknes asked the secretary to make a copy for Mr. Hildreth.

Next, Mr. Duncan brought up that at two prior meetings, once in January and again in August, he had asked that road names that had been changed in Bretton Woods, specifically to Mt. Adams and Mt. Jefferson in the area of the Mt. Madison development and Hartford Lane, be officially approved and changed as homes are now being built on the new ones. If changes are made after the fact, it gets expensive as well as confusing.
Bill Smalley said the Planning Board needs to approve (or not) and send it to the Selectmen as it is they who have to write the letter to have it sent to Cartographics for the official change. Once again, Connie found her map and gave it for copies to be made. Messrs. Birknes and Sweeney are meeting with representatives in Bretton Woods and will be sure to bring it up then.

There being no further business Chairman Birknes declared the meeting ended at 9:25 p.m.