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Minutes of 01/03/2008

January 9th, 2008

Carroll Planning Board
Meeting Minutes

January 3, 2008
"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 RSA 91-A:2."

Minutes taken by Susan Kraabel, Secretary Pro Tem


Board members present: John Birknes, Evan Karpf, Connie Oliver, Charlie Cohn, Rena Vecchio, Donna Foster

Members of the public present: Erik McMurray, Walter Elander, Edith Tucker, Matt Dieterich, Bernie Waugh, Joan Karpf, Patrick Corso, Steve LaFrance, Dana Bisbee, Leslie Bergum, Erik Bergum, Marty Martin, Paul Gamache, Stacey Doll, Bill Rines, Al Strasser

Meeting called to order at 7:05 PM

Pledge of Allegiance

Chairman John Birknes declared a quorum was present. He reported that the minutes of the 12/6/2007 meeting had already been approved.

Chairman Birknes stated that there would be a Public Hearing on January 15th for the two proposed ordinances, but he would like to get general approval from the board on these items so they could be posted on the town website for public viewing.

He first brought up the lighting ordinance. In a previous session the board had proposed an ordinance that exempted residential property from the provisions, but on the advice of Town Counsel, the board will be removing that exemption. Chairman Birknes noted that existing lighting is grandfathered. Section 409.4 and 409.5 make clear that existing property owners are protected. Existing non-conforming lighting can be replaced with non-conforming, but you can’t change lighting to non-conforming. After Chairman Birknes read the entire ordinance, Evan Karpf moved to approve the ordinance for presentation at the Public Hearing and post it on the internet. Rena Vecchio seconded the motion, and it was passed unanimously.

Chairman Birknes brought forth the proposed ordinance for an Overlay District at the base of the ski area in Bretton Woods Res-2 Zoning. He presented a map showing the district boundaries, and read the proposed new section of the Zoning Ordinance. Atty. Waugh has worked with Dan Bisbee, counsel for Bretton Woods Resort interests, to prepare the ordinance language which Chairman Birknes read. Atty. Waugh stated this document must be read with what is already in Res-2 Zoning and the Concept Plan. He stated the gist of this change is to allow relaxation of four types of regulations. Chairman Birknes said this concept of the village was not in existence previously in the original zoning or concept plan. It could result in a more dense area than previously allowed, but will probably create more open space elsewhere. Once again Chairman Birknes said he is looking for the board to consider this language for the Public Hearing and post it on the town website. Evan Karpf moved to approve the ordinance for presentation at the Public Hearing and post it on the internet. Rena Vecchio seconded the motion, and it was passed unanimously.

The Public Hearing for the Story/Sales Center in Bretton Woods continued next. Walter Elander from Horizons Engineering addressed the concerns presented by Provan & Lorber, the town’s consulting engineering. The first issue addressed in Horizons’ Jan 2nd letter was that there were no property monuments or corner pins on the property. He said they have agreed to put corner pins on the property to house the 11,000 sq. ft. sales center. The second issue was that the building base elevation is below the 100 year flood plain elevation. Mr. Elander said they thought that elevation is 1,570 ft., when according to USGS & FEMA mapping, the level is actually 1,574.8 ft. He said they used a study done in the mid 80’s by Provan & Lorber when the Sports Center was built. Mr. Elander said the original plans for the Story/Sales Center lower level slab was at 1,569 ft., and they will now raise it to the level of the Sports Center – 1,570.5 ft.

Mr. Elander said that the Shoreline Protection Act will change on April 8, 2008, to limit within 250 ft. from the river’s edge, the percentage of impervious surface to 30% if there is a septic system in place for a building.

The next issue in the Horizons letter was setbacks. Mr. Elander said the new building will be constructed over a property line, and Matt Dieterich said again that at the time of closing in 2006, there was an agreement that would allow for transfer of ownership or an easement. He said the completion of this might well be a condition of approval of this site plan. It was stated that there are no setback regulations in Res-2 zoning.

Mr. Elander said that with regard to the DES Shoreline Protection, the area of the Story/Sales Center is within 250 ft. of the river across Rte 302, but the DES threshold for regulation is 50,000 sq. ft. and this project is 43,000 sq. ft. There is no need for an Alteration of Terrain Permit.

With regard to the reduction of the width of Ski Area Rd at the entrance to the project, Mr. Elander said at the last session, the discussion was that there was no traffic problem on Rte. 302. Charlie Cohn said that he recalled there was one board member in favor of a traffic study, and one against. Mr. Elander said the road will be 20 ft. wide, but one way. An island will be removed and paint striping will narrow the travel lane. It will be wide enough for safety purposes. He said they have already received the DOT change of use Driveway Permit. Dr. Karpf asked if a study now wouldn’t benefit this project plus future development of the village. Mr. Dieterich stated that the village planning wasn’t far enough along to give DOT sufficient information about future development. Fire Chief Jeff Duncan said he had concerns about the number of people traveling to work, the ski area, and the Story/Sales Center, and how that would affect Rte. 302. Al Strasser suggested that maybe the DOT could designate a right turn lane into the ski area, and Chief Duncan said a traffic study could recommend that. Steve LaFrance said he felt this was a pre-existing problem, and felt we don’t know enough about the village to reconfigure the roadway. He asked if the board wanted to put the Story/Sales Center on hold till it’s fixed. Questions came about whether this project would change traffic enough to do that. Mr. LaFrance didn’t think so. Erik Bergum wondered if building now as planned would limit road options for the village. Pat Corso said Ski Area Road will not be the only egress for that area when the village is built. There will be other roads. He suggested the board look at this building alone tonight, that it won’t change traffic significantly. Dr. Karpf pointed out that they had already approved the conference center and the spa and they would impact traffic when completed. He is just trying to look at the overall picture. Mr. Elander repeated Mr. Corso’s comments about traffic change with this building and the additional planned roads. When asked, he said the building could not be moved closer to the Sports Center – there’s not enough room. Mr. LaFrance said there is room to widen Ski Area Road later if necessary. Joan Karpf asked about the Shoreline protection changes in April and how they might affect this project, and it was stated that that would lead to too many hypothetical questions for tonight.

Chairman Birknes said Town Counsel had made suggestions for conditions for approval of this project.

1. This project be completed in substantial conformity with the plans and testimony on file and no material changes be made to the plans without further a hearing and action by the board.
2. Prior to any construction of the building, the client provide documentation that the issue of the lot line running through the building be resolved either by lot line adjustment or an easement.
3. The island that has been mentioned on Ski Area Road be removed and the painted lines be in place on the asphalt so emergency vehicles could drive in if necessary.
4. Snow removal on the side of Ski Area Road be accomplished with some type of equipment to another location.
5. The building color be substantially as depicted on the drawing shown to the board.

Donna Foster asked how the multi-story building was to be used. Mr. Elander said the lowest level will be for mechanicals, utilities, boilers, and storage. The main level will be the sales center, and the second story will be offices. When asked about the current sales building future, she was told it would be used for resale sales when development is complete.

Mr. Elander said to address the handicap issue from Provan & Lorber. They thought it was too close to the street and a risk for users. Mr. Elander said there are no code violations here, and no matter where it’s placed it will have to be kept safe – clear of snow, etc. Mr. Dieterich said in addition, the intent of the ADA is to give equal access to all. The Provan & Lorber solution was to eliminate a staircase, and the developers don’t feel it’s necessary to eliminate a good design feature (the staircase) and they are in compliance.

Chairman Birknes said the board is dealing with just one structure, and he’s not sure the building will affect traffic significantly. Both Connie Oliver and Rena Vecchio agreed. Chairman Birknes said he would entertain a motion for approval of the site plan with the following conditions.

1. This project be completed in substantial conformity with the plans and testimony on file and no material changes be made to the plans without further a hearing and action by the board. Updated Plans with the monuments and corner pins.
2. Prior to any construction of the building, the client provide documentation that the issue of the lot line running through the building be resolved either by lot line adjustment or an easement. Language to be approved by Town Counsel.
3. The island that has been mentioned on Ski Area Road be removed and the painted lines be in place on the asphalt so emergency vehicles could drive in if necessary.
4. Snow removal on the side of Ski Area Road be accomplished with some type of equipment to another location.
5. The building color be substantially as depicted on the drawing shown to the board.
6. The client will produce a mylar for signature and recording, and will not be signed until conditions are met.

Connie Oliver made the motion for approval with the above conditions. Rena Vecchio seconded the motion, and it was passed 5-1, Dr. Karpf voting nay.

Review of the application for the Fabyan’s Restaurant Deck Addition came next. Erik McMurray gave a presentation of the site plan. There will be a 64’x20’x28.5’ deck added to the back of the restaurant. There will be 36 additional seats, 6 additional parking spaces, and a handicap ramp will be added to the building, where currently none exists. Mr. McMurray showed a slide depicting the property line in the rear, and that the initial plan called for a deck overhang that goes over the abutting DOT property. This overhang will be shortened so as not to encroach on DOT land. Mr. Birknes reviewed the application, determined that it was complete, the abutters had been notified, and all fees paid. Charlie Cohn moved to accept the application as complete, Donna Foster seconded the motion, and it was passed unanimously.

The Public Hearing for the Fabyan’s Restaurant Deck Addition began. Brief discussion regarding the underground propane tanks took place and then Charlie Cohn moved to approve the site plan for the deck addition. Connie Oliver seconded, and the motion was passed unanimously.

At 8:33 PM, John Birknes and Connie Oliver, abutters to Dartmouth Brook, took seats with the public, so that Evan Karpf, as chair, could begin the continuation of the Public Hearing for the Dartmouth Brook subdivision. Dr. Karpf read a letter from Michael Kelley, a Bretton Woods resident who among other things fishes in Dartmouth Brook. He expressed concern for the fragile brook and surrounding landscape and wildlife and how this development would affect the area. Dr. Karpf also read a letter from Mr. Mirabelli of DES asking the developers for additional information prior to issuing a Dredge and Fill Permit. They have asked for plans to support changes they will make, and stream impact information. The letter spoke of how a series of minor developments can add up to a major development, and DES is adding previous projects to this one and calling it a major. They would like information about a wildlife corridor/buffer. The letter stated that this information is due April 26, 2008.

Mr. Elander said they would be presenting a preliminary layout, and expected no formal approval tonight. He said the proposal to the board would be the same as for DES, Atty. Waugh, and Atty. Bisbee. He stated Provan & Lorber had completed their review only yesterday, but he would respond to their letter. It was agreed in principle that the developer would not object if the approval takes longer than state mandated 65 days. Both parties would probably not be served if forced to start the process over.

It was explained that they have widened the wildlife corridors. In the upper right corner of the plans the corridor will go from 250’ to 350’. They have had positive feedback from DES. The Hamlet Area will now have 89 lots with 121 units, and the Preserve & Hill Side Area will have 50 lots with 78 units. The main road will be 4500’ long.

Mr. LaFrance responded to the January 2, 2008 Provan & Lorber letter. (copy attached)

p. 1 Graphic scale bar. This has been done.

p. 2 d) These items are done or will be.

p. 2 f) They will provide covenants to development which will be recorded and will be referenced on the plan.

p. 2 g) Mr. LaFrance said Horizons does not do electrical design. Lee Carroll in Gorham does, and this will be on the final plans. There will be underground utilities; PSNH will do the layout and forward to the telephone company. This is generally not part of Horizons’ plans.

p. 2 j) The numbers are corrected and they have corrected the drainage note.

p. 3 p) They will need several permits and they are in process. Local approval is contingent on state and federal approval.

p. 3 g) The entrances to units will be from the back, so as to not have driveways next to each unit. This is the reason for the street design. Mr. LaFrance stated there are three reasons for the design in this subdivision: topography, wetlands, and road geometry.

p. 4 d) The dead ends are because the property beyond will not be developed. It is under different ownership. Darby Fields Way is a 4500’ dead end, but it has turn-arounds periodically.

p. 5-2-b Driveway culverts not shown as we don’t know yet where they will go.

p. 5-3 Road maintenance requirements will be in the condo documents. The association is responsible for roads.

p. 6-2 The primary access road will be 50’ wide, side roads less than that. They will be asking for waivers.

p. 6-3 Mr. LaFrance displayed pictures of a straight truck turning at intersections on some of the proposed roadways. In the cases where the turning radius is below standard, they plan to fill the corners of the intersection with something other than asphalt: stamped concrete or possibly brick. Waiver request will be made.

p. 6-4 The road intersections do not meet at 90 degrees, but they have met 60 degrees. Atty. Bisbee said the regulations give the board some flexibility. A waiver request will be made. Atty. Waugh cautioned that they will need documentation to support waivers for the project in order to avoid problems later. Islands on Hale St. were questioned and it was stated that emergency vehicles can get around them. A waiver request will be made.

p. 6-5 Mr. LaFrance said the roadways that have a 12% grade (town maximum is 10%) serve only 2 single family homes and the proposed new water tower and is in the vicinity of wetlands. In response to comments that the grade at some intersections is greater than 2%, Mr. LaFrance said they will look again to see if they can be redesigned. A waiver request will be made with the justification information Provan & Lorber suggested.

p. 7-7 The 16’ roadways are all one way, and the town has no specifics in their regulations. They have consulted with the Fire Chief who said the 16’ width is adequate. The town does not address roads where curbs are built on roadways, and several roads in this project will have curbs. A waiver request will be made for 2’ v. 4’ shoulders on Darby Fields Way. There will be places where bicycle and pedestrian trails intersect roads and at bridge crossings. All will be properly marked for safety.

p. 8-E There are no specifications in the Carroll Roadway specifications that require crosswalks to be painted.

p. 11 Parking Mr. LaFrance said the plan shows parking spaces, but did not see the need for that information to be in the property deeds. Illustration of on street parking showed two 12’ lanes plus 7’ of parking width. All on street parking is in addition to two spaces per unit. In the case of heavy snow, there may be times where there will be no overnight on street parking. Board members questioned where they would put snow, as units are close to the street.

p. 11 Pedestrian Walks Mr. LaFrance said he wasn’t sure what Provan & Lorber were asking. Easements are shown where paths cross lots.

p. 11 Utilities They haven’t developed street lighting yet, and probably won’t have lighting or landscaping plans for next month. This will also be dealt with in the condo docs.

p. 11 Sediment and Erosion This information will probably be put on one sheet. The will file a Storm Water Pollution Prevention Plan.

p. 12 Open Space All items will be addressed in the covenants.

Mr. LaFrance said they have already submitted some waiver requests, and others will be sent next week.

Mr. Dieterich said they use lot portfolios which restrict buyers to only build on a certain percentage of the lot. They also have an architectural pattern book.

Atty. Waugh suggested that one condition of final approval of the subdivision be that he does a final review of all the condo docs. He stated that the town can’t enforce condo docs, but Planning Board conditions are enforceable by the town.

John Birknes stated that 2 of the lots (DB 139, DB 140) can’t be accessed from Dartmouth Brook roads, and Dartmouth Ridge Homes will maintain the road for these lots. He requested that the covenants should mandate that Dartmouth Brook pay Dartmouth Ridge for this maintenance. Mr. Dieterich agreed with this opinion.

It was mentioned that street names be submitted to Sgt. Smalley. Leslie Bergum asked about pinch point changes beyond walkways.

Charlie Cohn moved to continue the Public Hearing for the Dartmouth Brook subdivision until Thursday, February 7, 2008 at 7 PM. Rena Vecchio seconded the motion, and it was passed unanimously.

At 10:15 PM, there being no further business, Mr. Cohn made a motion to adjourn. Ms. Vecchio seconded, and the motion was passed unanimously.