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Minutes, 1/16/07

January 26th, 2007

Carroll Planning Board
Public Hearing Minutes
January 16, 2007


“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, John Sweeney, Evan Karpf,
Bill Wright

Member of the Public present: Edith Tucker, Dan Tucker, Joan Karpf, Leslie Bergum, Matt Dieterich

Minutes taken by Maryclare Quigley, Secretary:

Pledge of Allegiance

Meeting called to order at 7:50 PM

The Board reviewed the minutes of January 4, 2007. Evan Karpf made a MOTION to: accept the minutes as presented. John Sweeney seconded and the minutes were approved unanimously.

Chairman Birknes advised that this was a public hearing for the four Zoning Ordinance Articles the Planning Board hoped to present for the ballot at the annual town meeting.

The hearing began with the Lighting Ordinance, whose purpose is to help to preserve the night sky. Posted for display was a 2004 rendition of the “National Geographic” photograph of the United States at night. It can easily be seen that the Northeast is heavily lighted. Discussion ensued regarding lighting, and it was noted that this Ordinance is not to prevent lighting, but to encourage “smart” lighting—lighting was is needed, but not so-called wasting light. This not only helps to conserve energy, it also helps to keep costs at check. Various scenarios were mentioned, with the consensus being that a site plan review would be requested and anything further would come from that. Bill Wright asked who would enforce the Ordinance and was told it would be the Board of Selectmen or the Building Inspector.

Chairman Birknes then entertained a Motion to: Reaffirm the amendment (with the typo error on page 3 corrected) by adding this new Ordinance as Section 409 to Article IV of our zoning by-law. John Sweeney moved the Motion and Evan Karpf seconded it. With a vote of three in favor and one opposed, the motion passed.

The next item was the amendment to Article VII, Section 702.1, A-2, which would remove item 9, thereby removing any reference to size/footprint and value. Chairman Birknes explained that this had been voted and approved last year, but because of wording, was invalid. He also requested that a correction be made in Section 702.1 which would be to remove the words “prior to”—which apparently were inadvertently left in.

The Chairman entertained a Motion that: We proceed with this with the correction that was made. Evan Karpf moved the Motion and Bill Wright seconded. The motion passed unanimously.

The third item was Article XII, the Wetlands/Surface Water Protective Buffer Ordinance. John Sweeney spoke to the Article by addressing the various sections and commented that this is a chance for the town to look ahead. The State does have requirements for buffers such as when dealing with septic systems, however, this is an opportunity to protect ourselves and not rely on the State or Federal Government. The State gives quite a lot of latitude that allows towns to control areas themselves. The comment was made that we cannot be less restrictive than the state, but we can be more restrictive. When the question arose about who would be responsible for making sure this is maintained as there is not a conservation officer, the Chairman observed that there is a Conservation Committee which could be one way. Matt Dieterich, Development Manager for Bretton Woods, asked if the intent is only for new construction. Though the answer was yes, it was also pointed out that any structure within the limits would be allowed to be maintained, but if these were to be altered or expanded then this Ordinance may apply. It was reiterated that the intent of this, as with the others, is to protect what people live here for and what people come to visit for. The Chairman commented that while there is a reluctance to have regulations, having proper ordinances in place is good for when it becomes necessary, and it is his opinion that it is probably coming sooner than later.

There being no further discussion, Chairman Birknes entertained a Motion to: Put forward the Wetlands/Surface Water Protective Buffer Ordinance as Article XII. Evan Karpf moved the Motion and John Sweeney seconded. The Motion was approved unanimously.

The final item for public hearing was the Ridgeline and Hillside Provision Ordinance. Evan gave a brief background saying that a number of people had approached him regarding the building going on and cell towers in particular. Various sections were discussed with reference to views, scenery, ridgelines and protection that should be available. The clear cutting at Crawford Ridge was specifically mentioned, and if this ordinance had been in place, some of the cutting could have been done, but some of the vegetation would have had to have been replanted. This ordinance applies through the whole town, including Bretton Woods, and it appears it should not be at odds with what is contemplated and what their goals are based on what has been said. Matt Dieterich did ask what the definition of hillside would be, which was left to discussion.

Chairman Birknes entertained a Motion for: Putting forward the Ridgeline and Hillside Provision as new Article XIII with the title of Scenic Ridgeline and Hillside Overlay. John Sweeney moved the Motion and Evan Karpf seconded. It was approved unanimously.

The architectural regulation was then brought up. While it does not need to go on the town warrant for voting, it does require a public hearing. This will be part of the Site Plan Regulation and will apply to commercial and multi-family (exceeding two) buildings. A public hearing for this was discussed for the regular meeting on Thursday, March 1.

Evan Karpf made a Motion to: Have the Public Hearing on the Architecture Regulation on March 1. Bill Wright seconded, and it was unanimously approved.

There being no other business Evan Karpf made a Motion to: Adjourn the meeting, and John Sweeney seconded. This was approved unanimously.

The Chairman declared the meeting ended at 8:40 p.m.