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Minutes of 05/03/07

May 24th, 2007

Carroll Planning Board
Meeting Minutes
May 3, 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, Evan Karpf, Connie Oliver and Donna Foster. Mr. Birknes introduced Donna Foster, sitting on the Board for her first meeting as an alternate. He then advised that Charles Cohn, who is recovering from an illness, will try to make the meeting, and that John Sweeney, Ernie Temple and Rena Vecchio are excused as they are out of state.

Members of the Public present: Erik Bergum, Leslie Bergum, Matt Malkiewicz, Bruce Rollins, Cindy Rollins, Joan Karpf, John Goodney, Harold Garneau, Jeff Duncan, Jim Covey, Lisa Covey, Matt Dieterich, Gardner Kellogg, Lee Hallquist, Dale Shakespeare, Doug Bews, Walter Elander, Bonnie J. Moroney, William Rines

Minutes taken by Maryclare Quigley, Secretary:

Pledge of Allegiance

Meeting called to order at 7:03 PM

The Board reviewed the minutes of April 5, 2007. Chairman Birknes referred to the second paragraph regarding the petition requesting that the proposed Architectural Design Review regulation be submitted to the town residents for a vote rather than having the Planning Board alone adopt it. This was presented to the Board by Selectwoman Moroney, as stated in our Minutes, with the approval of the Select Board, at their meeting on April 2. Mr. Birknes then went on to say he had reviewed the minutes for several meetings in April and that though the April 2 minutes of the Selectmen’s meeting were approved, there was neither a motion nor a vote by the Board that they approved the petition. Evan Karpf made a MOTION to: accept the minutes as written and Connie Oliver seconded. The Motion was approved unanimously.

Chairman Birknes then reviewed the correspondence. First were several workshops; one in Lincoln on May 8 (and other locations at later dates) on Municipal Law, one in Concord on June 7, called “Obtaining Community Acceptance of your Building Program,” and the last, on the 2010 Census, Local Update of Census Addresses Program on May 10, at North Country Council. Mr. Birknes requested any who wish to attend any of these, just let Maryclare know. He also noted that the Census Update is not restricted to the Planning Board, so others who are interested may attend. There was a letter from Time-Warner Cable about being notified of new subdivision plans, dept. of transportation projects or plans for new homes that might impact them. It is the Chairman’s thought that they should be checking with us rather than us initiating contact, and in that light, asked if the agenda could be posted on-line. He asked that the secretary communicate with them and suggest they check on-line for information. Finally, there were letters from DES NH issuing an Alteration of Terrain Permit for BW Club, LLC, and issuing an after-the-fact Alteration of Terrain Permit for the Elworthy-Muldoon Route 3 Subdivision.

The next order of business was the continuation of the Public Hearing for the Architectural Design Review for the Site Plan Review Regulations. Chairman Birknes read the petition presented in April, which he had said would be held for May as the continuation of the Public Hearing had been postponed until this meeting. He confirmed that it had been signed by 85 people and asked that it be put into the files.

Chairman Birknes spoke about questions pertaining to the Regulation that the Board agreed at the March meeting would be passed onto Town Counsel. Only one was submitted and he read an email from Attorney Waugh responding to it (question and response attached). The Chairman reminded those in attendance that the reason for the postponement in April was awaiting Town Counsel’s response on the draft of the regulation and being sure the public had time to review any revisions that might be made.

Mr. Birknes read from the RSA’s that give the Planning Board their authority. He also read from the Planning Board Handbook regarding site plan review regulations by the Planning Board and what they may include. He pointed out that nowhere in the Statute or Handbook does it state that it must be put to town vote.

Donna Foster explained that the petition on the Architectural Design Review was circulated because people believed it was not ready to be voted on, that it appeared unfinished and it left too many questions and too many things to interpretation. She specified the landscaping section regarding parking lots and islands.

Dr. Karpf responded that a regulation is a document that can have some flexibility. This may be a work in progress -- but that it is a place to start, and may help address issues for the future of the town. An Ordinance must be submitted as an article on the warrant and has no flexibility. It must be presented on the warrant at Town Meeting time whenever there is any consideration for changing it. He spoke about two articles in this week’s “Democrat.” One was about a committee forming in Whitefield to plan for its future, particularly in the downtown/Main Street area. He spoke with a person involved with the committee to ask if architectural design had been included, and was given an emphatic yes. The other was about the removal of a bright blue awning from the old courthouse in Lancaster, because it didn’t suit the age and style of the building. It was suggested that Twin Mountain does not want to be left behind, and Dr. Karpf reiterated that the Board wants businesses to thrive; that part of the intent of this regulation is to help and support them.

Chairman Birknes responded to the fact that the proposed regulation is not in its final form to allow time to make it palatable. Mr. Birknes read an email from Board Member, Ernie Temple. With the exception of possibly changing some wording, he said he is in favor of adopting the regulation.

Mrs. Moroney mentioned that the North Country Council has money available for funding half of the project for a Capital Improvement Plan. It was also mentioned that several times offers of help had been brought up regarding the Master Plan.

Dr. Karpf responded that it is important to establish plans for the future and to put them in writing to keep in the records, as this allows being able to act rather than react. He added that this is a point as a Planning Board, to try to make plans, and further that they should focus on the Master Plan before other plans. Dr. Karpf, who is the chairman of the committee, asked Mrs. Foster if she would be willing to work on the Master Plan

Mrs. Moroney said she had recently been to a meeting and learned that a warrant article could go to the voters to declare a moratorium on building so the Planning Board can have a chance to work on projects, i.e., the Master Plan, that they have been too busy to do. She said the Select Board could put it through themselves if they wish. It was pointed out that the last time work was done on the Master Plan was in 1985, and it is supposed to be looked at every five years. It was clarified that the moratorium would be for one year.

Jim Covey spoke in favor of the regulation but suggested that the wording under Section I, number 8, Color, be changed from “are to be muted” to “should be muted.” He also requested that Section J, number 11, end at “healthy appearance” by dropping “and dead materials should be replaced.” Mr. Covey commented that if this had been in place numerous things would not be present today, such as signs, storage units that are not esthetically pleasing, etc. He encouraged the Planning Board to adopt this as a regulation.

Evan Karpf made a Motion to: change Section I, number 8, from “are to be muted” to “should be muted” and in Section J, number 11, eliminate wording “and dead materials should be replaced,” so the last sentence ends with “healthy appearance.” Connie Oliver seconded and the Motion passed unanimously.

Doug Bews spoke regarding the first paragraph expressing his opinion that approval should be from the Selectmen rather than the Planning Board. He also referred to the pictures on the board saying that there was not much of Carroll in them. It was explained that most are examples only of what is possible should any businesses of these types choose to come to town. Further discussion led to interpretation including if a non-conforming structure were drastically damaged as the result of a casualty, by law it may be replaced within a particular period of time, however, if the owner wanted to change it dramatically, then he/she must come to the Planning Board. In answer to the question if one wished to change the outside color, even though it may be muted, Mr. Birknes responded that he/she would have to come before the Planning Board. Chairman Birknes reminded everyone that the buildings must be visible from the road in order to be required to comply with this regulation. Discussion returned to franchises and it was pointed out that they are not discouraged, but we can require the buildings to be compatible to the town. Joan Karpf brought up that Route 3 is zoned R-B and is basically a nice mixture now, but there should be requirements to keep that in the future too. After the power-point presentation, she said people spoke of wanting to wait to vote which causes concern of putting things off. She gave the example of public buildings that have been put off for twenty years.

Mrs. Karpf spoke of a program called “Main Street” which revitalizes communities like ours. It helps these communities thrive and grow, and design is a major aspect of the program. John Goodney agreed with Mrs. Karpf but feels things must come from the top – Select Board – down. He also urged that people think of it as the Town of Carroll, not Twin Mountain. Mr. Covey said in his time, he had not heard the Select Board speak of plans. He said they are busy enough and don’t have the time, and he believes the Planning Board is the correct forum. He further stated that it affects the future, not just now.

Mr. Bews said that he had heard that a contract had been signed by some board that the owners/developers in Bretton Woods would be exempt from local ordinances, and wondered if there was any credence to this. He was told that back when Robert Satter was the developer there was a Density Contract for that area signed with the board at the time, and that is all that is protected. It was suggested that the Master Plan approved by the town in the early 1980’s might have allowed for some differences within certain areas there. Chairman Birknes reminded everyone that the Master Plan does not dictate exactly what happens, but that it is a tool for setting goals.

Harold Garneau said changes were documented at this meeting and asked what the criteria is if things need to be changed, added or deleted if it is adopted. If problem areas are found with the regulation, a public hearing would be held to change or amend it, and then go from there. Mr. Garneau also confirmed that personalities will not enter discussion or decisions.

Chairman Birknes reminded those in attendance that this regulation does not affect any buildings as they currently exist, so they are all protected. This applies only to new or renovated commercial and more-than-two family buildings.

Evan Karpf made a Motion that: the Planning Board adopt the Town of Carroll Architectural Design Review Regulation and Connie Oliver seconded. Voting yea were John Birknes, Evan Karpf and Connie Oliver. Voting nay was Donna Foster. The Motion passed.

Next was Gardner Kellogg representing David Camara, Map 207, Lot 024-400-055 and Map 207, Lot 024-500-006, for final approval for combining the two lots into one lot. Chairman Birknes verified that the abutters had been notified of the meeting. Evan Karpf made a Motion to: accept the lot line adjustment to make one lot of the two lots. Connie Oliver seconded and the Motion passed unanimously.

Tina Silva-Shaw was not in attendance, so her lot line adjustment was put off until the next meeting.

The next item was the Public Hearing for the Site Plan Review for Bretton Woods Resort Management Co., LLC, for the addition of a spa and conference center, represented by Walter Elander, Horizons Engineering, and Matt Dieterich of Bretton Woods Land Development Company. Mr. Dieterich gave the background of the project explaining that they want to augment their conference facilities to encourage an increase in the number of conferences they host; and they believe the addition of the spa will increase guest nights and that these are in the same building to utilize efficiency and design. Mr. Dieterich said that preserving the view from the veranda is a top priority so the new space has been designed to fit into the hillside. He further explained that they are drawing upon the current architecture for the addition. Mrs. Foster asked if the pool would be affected by the flood plain and was told it would not.

At this point, Mr. Elander took over the discussion. He explained that when the third party review was done by Provan & Lorber, there were several items they questioned and all of these have been addressed. It was noted that we should have a letter from them and that they agree that all points have been complied with.

It was further noted that a variance is required for the height which is 47 feet, as the ordinance has a limit of 33 feet. Mr. Elander said they are aware of this and have a Public Hearing scheduled with the Zoning Board of Adjustment for Thursday, May 10.

Mr. Dieterich advised that the Rosebrook Water approval has been received, and they are awaiting the letter. When this is received he will give us a copy for our records.

Discussion regarding occupancy and both existing and future parking ensued. Mr. Dieterich talked of their current lots, all of which will be increased and future reconfigurations. When asked if there were any dedicated spots for the Post Office (Bretton Woods residents receive their mail at the Hotel), Mr. Dieterich said there weren’t, but said long-term, they are looking to relocate the Post Office to the future village across the road. He said they had done a comparison between comparable hotels for size and parking, and who also use remote parking for overflow. The formulas used to calculate parking spaces were discussed and it was noted that some of the requirements were somewhat ambiguous and interpretations might be disputed. Dr. Karpf stated that in such cases, the most restrictive generally applies. Other points discussed were access and egress, which Chief Duncan had a number of questions about, and agreed that it is about both safety and what will work. Chief Duncan said that prior to construction, fire access for all areas must be addressed. It was agreed that many of Chief Duncan’s concerns were issues more to do with the Building Permit than the Site Plan Review and these would be addressed with the permitting process.

Mr. Dieterich also told of their plans to have substantial changes in the way events will be held, and used the Fourth of July as an example. This will take place on the Ski Area side of the road, where they intend to have more activities with fewer actually at the Hotel. The Board was advised that they have met with Jeff Duncan, Fire Chief, and Stan Borkowski, Building Inspector and Code Enforcement Officer, regarding fire and building codes.

Mrs. Foster asked, for clarification, if the Rosebrook Water Company is a publicly regulated utility and was told it is. It was also mentioned that though they have adequate water, they are looking for other sources. As she wanted to be sure they were aware of it, Mrs. Foster brought up a situation of some years prior when an underground tank had caused a contamination problem and the water had to be shut down for a day and a half. Chairman Birknes explained that water and sewer are the two reasons why the Board has Provan & Lorber as the third party review.

Due to the hour and there still being some questions, discussion turned to the time schedule for the project. It had already been noted that they are to go to the ZBA on the 10th. Dr. Karpf suggested a special meeting to continue the public hearing rather than holding things up a month to the next regular meeting. A brief discussion took place and everyone felt it was appropriate to do so. Evan Karpf made a Motion to: continue the public hearing to Wednesday, May 9, at 7:00 p.m. Connie Oliver seconded and the motion passed unanimously.

Chief Duncan and Mr. Dieterich will meet prior to the 9th, to work on the issues of parking and capacity. Water and waste capacity will also be addressed further.

Evan Karpf made a Motion to: adjourn the meeting. Connie Oliver seconded and it passed unanimously.

Chairman Birknes declared the meeting ended at 10:20 p.m.

Town of Carroll, New Hampshire ®2024