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Minutes of 4/17/2007
April 27th, 2007
CARROLL BOARD OF ADJUSTMENT
MEETING MINUTES
APRIL 17, 2007
(Postponed from April 12, 2007)
These minutes of the Town of Carroll Zoning Board of Adjustment have been recorded by its Secretary. Though believed to be accurate and correct they are subject to additions, deletions and corrections by the Zoning Board at its next meeting when the Board votes its final approval of the minutes.
Members of the Board present, Joan Karpf, Chair; Leslie Bergum and John Goodney
Members of the Public present: Edith Tucker, Richard Piper, Kevin French, Bill Rines, Walter Elander and Matt Dieterich
Meeting called to order by the Chairman at 7:05 PM
The Board reviewed the minutes of March 8, 2007. Leslie Bergum made a Motion to: accept the minutes as written. John Goodney seconded, and the motion passed unanimously.
The first item was the applications for Use Variance for the excavation of gravel with Richard Piper and Kevin French from R.M. Piper, Inc., representing the property owners, Mr. and Mrs. Rines, Mrs. Mason and the Twin Mountain Baptist Church. When asked, Mr. Piper said they were looking to remove about 20,000 yards from the area. The applications were reviewed. Chairman Karpf advised that they must be signed by the property owners. It was suggested that in addition to requesting the variance from Article VI, Section 604, a variance from Article III, Section 303.3 also be included.
Regarding number 1, Mrs. Karpf suggested they may want to stipulate that it is a temporary project and that the area will be reclaimed according to state regulations, and that all neighbors will take part. It was again suggested that on line 3c, it be noted that it is a temporary project.
Further discussion allowed that the DES will address safety, environmental, etc. issues. In answer to the question, it was confirmed that there will be a barrier established for debris that may come off the truck tires as they enter Route 3, and the Board was advised that the State will be watching this along with the project in general. There was mention about the possibility of damage from blasting, and the Board was advised that as it is all gravel, there will not be any blasting. The applicants are aware that any permits required, must be in place prior to starting the project. Mr. Piper explained that they do not need a site specific permit (alteration of terrain) because the area is less than the 100,000 square feet requirement. He explained, using a graph, how they arrived at the amount of land that would be disturbed. He further explained that they will take more than 20,000 yards of gravel if they can fit it into the project � and that if this is the case, the area of disturbance will remain the same, rather than being increased.
Regarding the subject of bonding, Messrs. Piper and French offered numerous assurances during the meetings that the State DOT will be overseeing the project, that they must follow State regulations and that all requirements must be met and the project completed to everyone�s satisfaction before the State will sign off of the project and release final payment. However, because of the Town Ordinances� requirement for bonding, Chairman Karpf has requested that Town Counsel be contacted to inquire if this has to be enforced or if it may be waived.
There being no further discussion, Chairman Karpf stated that she would entertain a MOTION to: Accept the applications with the owners� signatures. John Goodney moved the Motion and Leslie Bergum seconded. The Motion passed unanimously.
Mrs. Karpf advised that the Public Hearing would be set up for the next meeting, Thursday, May 10.
Next was Walter Elander, Horizons Engineering, representing BW Resort Management Co., LLC, and Matt Dieterich from BW Resort Mgt. for an Area Variance regarding the height of the proposed addition of the Conference Center and Spa. Mr. Elander briefly explained the new building footprint and space, showing elevations from various directions. As he also explained, the height should be measured from the �uphill side� and the total height is 47 feet where the limit is 33 feet, at the area of the so-called pavilions and noted that the difference is for decorative purposes only, (to be architecturally consistent with the existing structure) and that given size, dimensions, etc., people will never be up there. Mr. Goodney explained that the limit of 33 feet is for access, in case of a life threatening fire. It was suggested that perhaps Jeff Duncan, the Fire Chief, will be at the Public Hearing to answer any questions on the safety aspect.
The application was reviewed and it was suggested that line item 1 also note what effect it might have on abutters and values. It was decided that essentially they have no abutters since the property is surrounded by Bretton Woods Company-owned land, and that it would not diminish values as it will not be interfering with views, noise, and such. In answer to the question, Mr. Dieterich said that if code requires these areas to be sprinklered, they will be, otherwise they will not be, and he also said they currently have a consultant working on it.
When asked, they said they�d like to be under construction by June or July, based on all other permits being received. They added that receiving approval for the Area Variance is required to obtain a Building Permit, as well as receiving Planning Board approval for the physical plant.
With discussion having waned, Leslie Bergum made a Motion to: accept the application for an Area Variance. John Goodney seconded, and the Motion passed unanimously.
Messrs. Elander and Dieterich were advised that the Public Hearing for this application will be set up for the next regular meeting, Thursday, May 10.
Under New Business, the Rules of Procedure were brought up regarding receipt of applications and the enforcement of the Rules. It was stated that receiving information very close to the meeting gave members little or no time to familiarize themselves so they could at least have an idea of just what they would be discussing. Of course, this brought forth their ability to consider business in a timely manner for the applicants � scheduling based on public�s needs versus Board�s need for time to checking of material. After some discussion, it was suggested that it be tabled for further review.
Also brought up was the decision-making process regarding the Public Hearing -- if there is any reason a decision cannot be given on the same day. This discussion led to one of flexibility and what is reasonable, and it was again suggested to table discussion to a later date. (It was brought up that the Board may have to meet twice a month during busy times).
Leslie Bergum made a Motion to: Table discussion of both subjects for later. John Goodney seconded and the Motion passed unanimously.
There being no further business, Leslie Bergum made a Motion to: adjourn. John Goodney seconded and it passed unanimously. Mrs. Karpf declared the meeting adjourned at 9:00 p.m.