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Minutes of 02/07/2008

February 20th, 2008

Town of Carroll Planning Board
Minutes
February 7, 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 RSAS 91-A:2.”

Members of the Board present: Chairman John Birknes, Evan Karpf, Connie Oliver, Charlie Cohn, Donna Foster, Rena Vecchio

Member of the Public present: Edith Tucker, Allen Strasser, Jere Eames, Judy Corso, Pat Corso, Ellen Savage, Dana Bisbee, Leslie Bergum, Heidi Bodecker, Walter Elander, Erik McMurray, Stacey Doll, Mike Brunetti, Matt Dieterich, Margaretha Birknes, Stephen Russell, Tom Hildreth, Jim Murn, Steve LaFrance, Ken Baer, Jeff Duncan

Minutes taken by Maryclare Quigley, Secretary

Pledge of Allegiance

Meeting called to order at 7:00 PM

Chairman Birknes declared there was a quorum and opened the meeting with the review of the minutes from the meeting on January 15. Charlie Cohn made a Motion to: accept the minutes as written. Connie Oliver seconded, and the motion passed unanimously.

Correspondence was briefly reviewed by Chairman Birknes, namely; the annual letter regarding easements from PSNH, a letter from North Country Council with their annual report for 2007, and a card announcing the annual planning and zoning conference in Manchester on April 26. Mr. Birknes asked that any who wish to attend the meeting to let the secretary know.

Heidi Bodecker came before the Board for consultation about her property on Paquette Drive. Using her map, she described her property and discussed acreage and usage. It was determined that the smaller lot, map 207, lot 38, is too small to be built on and Ms. Bodecker said she would take that up with the tax office. Regarding her two other lots, as map 417, lot 45 is .36 acre, she would like to merge that with map 417, lot 44 and then perhaps subdivide that for two lots. Discussion took place regarding where the water main might be for hooking into if she were to build a house, and Ms. Bodecker was advised to talk with Billy Rines, the town’s water superintendent. Chairman Birknes also advised her that the applicant pays to run the line from the town shutoff for a new hookup. For application details, etc., Ms. Bodecker was advised to stop by the office.

Discussion about a bond or letter of credit regarding the various road and building construction being undertaken by the Mount Washington Hotel and Bretton Woods Development Co. ensued. A letter had been signed by Mr. Corso from the Hotel, and Chairman Birknes from the Planning Board, which stated this would be covered by the bond currently being held by the contractor. Upon further scrutiny by the town attorney’s office, it was confirmed that this actually is not acceptable. Matt Dieterich noted at this point that the contractor’s attorney had come to this conclusion as well, so they were working on a letter of credit. He advised that inasmuch as they had actually been working on this for a while, we should receive it within the next two weeks. One for the Alpine Club is also pending, but Mr. Dieterich assured the Board that it would be forwarded as soon possible. Attorney Waugh asked that the letter of credit be faxed to him for review.

Matt Dieterich then gave the annual update for the Bretton Woods Concept Plan. Using the Plan, he reviewed various aspects that have been accomplished including: the Presidential View condos with two units having been developed and five planned for this year; Stonehill Residential Area with four already built and a building planned for this year; the completion of the temporary Alpine Club; they are working through issues with the Story/Sales Center building; they plan to build a deck at Fabyan Station in the spring, for which approval has been received; the infiltration system is completed, the old system has been abandoned and removed; the golf course renovation is mostly complete and they hope to reopen it in mid to late summer; the lobby at the Hotel; the relocation of the tennis courts, and receiving approval for the addition of the Conference Center/Spa.

Mr. Dieterich also reviewed projects they are planning including: Sports Club renovation in the amount of $2 million to $2.5 million in the next year; the Lake Carolyn expansion which will make it one large lake to be used as a snow making pond for the ski area and a recreational pond for the community; they are currently seeking approval for their Dartmouth Brook subdivision; they are planning a new water system source for the Hotel and the entire development--the existing one behind Drummond’s Ski Shop is being replaced. He also explained the Mt. Pleasant area is basically one large site and they feel should be looked at as one piece, including the residential plan, the relocation of some holes on the golf course and a 9-hole expansion.

Chairman Birknes suggested that the tabulations section show the succession of the way approvals were received, that a column be added for that, and to which Mr. Dieterich agreed.

Chairman Birknes questioned lots referred to as R-14 and R-7. Mr. Dieterich advised they had different landowners. Chairman Birknes said as a reminder, if they wish to develop their land, they must come before the Planning Board and start at square one.

Allen Strasser said he had been involved in the approval for Stone Hill and the original plan called for a path and snowmobile storage and he does not see it on the Plan. He feels it should be restored as that is how it was approved and how lots were sold. Mr. Dieterich said they will look into it and will certainly abide by the subdivision approval. Chairman Birknes reminded that this is a concept plan and therefore not necessarily written in stone--so minor changes may be made as necessary.

There being no further discussion, Charlie Cohn made a Motion to: accept the Concept Plan as presented. Connie Oliver seconded, and it passed unanimously.

Next was Tom Hildreth representing Verizon Wireless with an application for extending the flag poles at the Mount Washington Hotel to install communications equipment, and if accepted, to have a possible public hearing. Attorney Hildreth described the project which is basically expanding on one that was approved in 2005 with Nextel. He advised the reason for doing so is to accommodate an additional carrier and explained how this will be accomplished. He further explained that they did a mock-up of the canister last summer so people could get an idea of what it would look like. Chairman Birknes read a letter of approval that had been received from the New Hampshire Division of Historical Resources and advised it will be on file. Mr. Hildreth noted that the letter approves an expansion of 10’ and the actual is 7’, less than the height approved. Chairman Birknes asked how it went from 10’ to 7’ and Mr. Hildreth said it was a combination of refining the radio frequency analysis of what kind of antennas they would need, and negotiations with the hotel as to what proportions would make the most pleasing aesthetics and still be able to accomplish their goal. Mr. Hildreth said the plans show the name of the former owners of the Hotel, but the current owners are actually the ones who signed for the expansion. He will get the plans corrected and send them to us.

Chairman Birknes confirmed that all fees had been received and the application was in order. When advised they had, Evan Karpf made a Motion to: accept the application as complete and Charlie Cohn seconded. The Motion passed unanimously.

Chairman Birknes, having confirmed that abutters notices had been sent and a possible public hearing had been noticed, then opened the Public Hearing. Mr. Strasser expressed his opinion that the visual impact was poor and felt the pole should be longer to have it proportional, because the pictures taken during the test show the flag was resting on the roof of the hotel. It was noted that they probably used a larger flag than would be flown, and that it is an issue with the hotel, not Verizon, but they will take it under advisement. Chairman Birknes opined that given the location, there is usually a breeze blowing which will help keep the flag aloft!

Jeff Duncan, Fire Chief, asked if there would be a possibility of putting the same language regarding emergency communications, as was offered for the tower approved for the Harmony Hill location, and if there is possible access. Mr. Hildreth said that was more a question for the property owner, the Hotel, as Verizon will not own this. He also advised that the pole may not be conducive to that type of equipment given the size of it and the fact that the pole will actually be inside a canister-type structure to conceal it. Pat Corso, President, Bretton Woods Resort Management, LLC, offered to the extent of working within the confines of it, and said they’d be happy to do so. It was asked how this will connect to the Harmony Hill tower and when will we know if it is a go. Mr. Hildreth said that it is somewhat independent and they feel there is enough demand for service at the Hotel itself and its immediate environment that this will operate as an island serving people within the orbit of its signal. They still intend to develop the connectivity along Route 302 and possibly go west into Bethlehem. Discussion took place regarding that the FAA had approved a tower of 86’ without a light, but have reneged and are now saying a light may be required. Attorney Hildreth said he is having a dialog with Donna O’Neill at the FAA, thanks to the efforts of Dr. Karpf, and she is open to receiving more information and is willing to look at it again. Chairman Birknes offered to write a letter if Mr. Hildreth thought it would help, and he said he may request it. Currently, they don’t know when this might finally be built. Dr. Karpf asked about Mr. Strasser’s proposal regarding lengthening the flag pole. The engineer advised even though it’s only 3’, he had not done any engineering on that but there may be issues because of the winds. Mike Brunetti advised that they would be making certain that the flag is proportionate to the pole anyway.

There being no further discussion, Chairman Birknes declared the Public Hearing closed and Evan Karpf started to make a motion to accept contingent upon doing research for the possible installation of safety equipment, at which point Chief Duncan said he would withdraw the request. He didn’t realize the Hotel was the owner of this and they have already been very accommodating and cooperative with the town. Evan Karpf then made a Motion to: accept the proposal as presented. Charlie Cohn seconded and it was approved unanimously. (As Rena Vecchio arrived near the end of discussion, she abstained from voting.)

Next was a proposed checklist of various required inspections (from another town) that Stan Borkowski, the town’s Building Inspector, asked be submitted for consideration by the Board. It is suggested that this be tailored for the town’s purposes and be printed on the back of the Building Permit that is posted on the property. The members reviewed it and Chairman Birknes said he would entertain a Motion to: approve the proposed inspections checklist to go on the back of the town’s Permit. Donna Foster moved it, Connie Oliver seconded and the motion passed unanimously.

Chairman Birknes advised that the continuation of the Public Hearing for the Dartmouth Brook Subdivision would be starting, and as abutters, he and Mrs. Oliver would be stepping down from the Board. The meeting was turned over to Dr. Karpf, Acting Chair, who declared there was a quorum present. Mike Brunetti gave an overview of the project beginning with reviewing the area, 183 acres, and the location. He noted it had been reduced from the 222-net subdivision proposed in July to 199 units, which equates to 139 residential lots and two utility lots--a below-grade pump station and a water tank--subsurface floor tank lot below tree line. He told of how the developers had collaborated with the various local, state and federal officials all of which influenced the final plan. He spoke of the two characteristics talked about before, namely: the portion of the neighborhood built in the New England hamlet style, smaller lots, to preserve open space and to create a hamlet or village area; and the preserve or hillside lots with topography working uphill. This makes for larger lots and gives the opportunity of nestling the houses in to prevent large scarring on the landscape. This led to discussion of the Corridor Plan, a corridor along Dartmouth Brook, requested by the US Fish and Wildlife Service that would not be developed and would be about 300’ wide. The developers were able to do this, with the narrowest portion being 250’ and the widest being 340’. They have also cleaned up the trails at their request. Mr. Brunetti noted the time spent with Provan & Lorber, engineering firm for the Planning Board, addressing concerns and questions, and thanked Jim Murn for all of his work. He also referred to the work they have done with Chief Duncan on fire and safety issues and advised that they have addressed any concerns he had. Mr. Brunetti advised that they will be submitting the Alteration of Terrain permit application soon. At this time, Dr. Karpf took the opportunity to introduce Mr. Murn as well as counsel for the Planning Board, Bernie Waugh and the developers’ attorney, Dana Bisbee.

Dr. Karpf then read a letter from a homeowner and abutter, Kate Vaughan, on behalf of her family. She expressed concern about over-development, environmental impact, and possible lack of water, as she said they had experienced the latter a few times. Connie Oliver stated that in the eight years she has owned a home there, she has never had a lack of water. John Birknes noted there had been one time that his family had, that it had to do with snowmaking, the issue was addressed and has never happened again. Mr. Brunetti reiterated that as a result of meetings and requests with various state, local and federal wildlife and conservation groups, there is in excess of 60% open space and there are 199 units, not the original 300+ as in the original concept plan. Attorney Bisbee requested copies of the letters that had been received and was told they would be sent.

Attorney Bisbee stated that with all the material having been presented, it might be time to move forward. Dr. Karpf noted that a number of waivers had been requested by the developers and a short discussion took place as to how to handle these. Attorney Waugh recommended that a vote of some kind be taken at this meeting which would be subject to a write-up that he and Dr. Karpf will develop for a final vote at the next meeting. He said his thought is that it would contain five elements:

1.) A list of all the documents that the applicants consider to be the complete application
(to make sure all updated versions are included).
2.) A finding of fact, that the Board believes it meets or doesn’t meet the general
standards of the subdivision regulations.
3.) A list of waivers that were granted.
4.) A list of Conditions Precedent.
5.) A list of Conditions Subsequent.

An explanation of numbers 4 and 5 was requested. Attorney Waugh said “a Condition Precedent” is one that has to be met by the applicant prior to the actual signing and recording of the plat; and “a Condition Subsequent” is the way in which the plan is implemented.

Dr. Karpf said once this is submitted and the Counselors have an opportunity to review, it is anticipated that the Board would make a final vote at the next meeting on March 6. Attorney Bisbee mentioned the time involved thus far and as there should be a decision soon in accordance with our own regulations, the Board might wish to think about having a special meeting prior to the regular meeting in March. It was agreed to consider this.

The Board then addressed the waivers. To assist the members and to help save time, prior to the meeting Dr. Karpf collated each waiver request with the regulation and the recommendation by Provan & Lorber and gave each member a copy (attached). The Board then went through each with Mr. Elander. He said that any concerns Chief Duncan had, specifically regarding 7, 8 and 9, have been addressed and that he does not have any issues from a safety standpoint. It was noted that any roads exceeding 1,000 feet have turn-arounds. Donna Foster asked if any of the roads meet current town specifications and was advised that some do, but not all. Mrs. Foster opined that it should be noted that these roads cannot become town roads in the future, regarding maintenance, etc. Attorney Waugh said there is a provision in their Community documents that they will maintain the roads. Leslie Bergum asked if speed limits are enforced by town police or by property security. Mr. Cohn explained they are not policed specifically, but it has been his experience if the necessity arises, to speak with security and it gets taken care of. However, he said the roads are not built for speed and it is not really a problem. John Birknes said the two lots near Dartmouth Ridge are on a road that DR Homeowners Assoc. takes care of and hopes that it will be noted that these two should be subject to dues or some way of helping to pay for the cost. Mike Brunetti said there are service areas in their documents which allow for special assessments so all lots will pay their fair share. This is also noted in the Conditions.

Mr. Bisbee asked for clarification how to handle the waivers. He stated that he understood the wording may be changed with Town Counsel assistance or that it may be cross-referenced, but he requested a vote now to guide their actions. Dr. Karpf said he would accept a Motion for: a conditional approval on the waivers as presented. Charlie Cohn moved and Rena Vecchio seconded. It was approved unanimously.

Dr. Karpf then presented the Conditions Precedent and Conditions Subsequent, including additional Conditions Subsequent dated 2/7/08. Dr. Karpf stated that these would be subject to review by Attorney Waugh.

Mr. Waugh said referring to “3 a,” the ability of the town to take emergency action should be stated in the document, otherwise they may be construed as trespassing.

With regard to “3 d,” Attorney Waugh believes this is a Condition Precedent rather than Subsequent. Attorney Bisbee said they were not sure how the Board wanted to treat this, as a Precedent or a Subsequent. When site plan review comes, specific issues will be addressed which includes both landscaping and lighting.

Mrs. Bergum asked about wetlands, including Dartmouth Brook, when landscaping is being done; i.e. fertilizing, etc. Mr. Brunetti responded that the alteration of terrain permit application addresses all concerns regarding pollutants. He also said that the 401 water quality certification demonstrates sensitivity to the environmental impact and that they have been talking with USFWS about a conservation easement on the Dartmouth Brook corridor.

A brief discussion of open space took place, but regardless of how it is defined, it would be considered to be open space. Mr. Bisbee stated regarding an Active Recreation Plan, for their purposes, the list in “2 b iv” is their Plan and would like it approved by the Board. Mr. Murn felt that listing “forestry” may be too broad, that perhaps it should be “limited forest maintenance” to manage the land. It was stated that “b iv” be amended. Mrs. Foster spoke about the continuation of the existing snowmobile trails. Messrs. Dieterich and Brunetti both said there were none on the property, except maybe across one corner. If this is the case, there would be an easement by which they must abide, and they will look into it. Mr. Waugh suggested that a vote be taken that recognizes the wording may include something not necessarily heard here, and be subject to a subsequent vote on actual wording at a later meeting. The document would be based on information discussed, but that any substantive changes must be approved by the Board. It should also be subject to the possibility that there may be other things to discuss later—after review by the board, counsels, etc.

Further discussion of “iv” ensued regarding granting the Town the right to enter the open space and whether it is for enforcing restrictions and/or provisions. Mr. Bisbee said this allows for open space enforcement. Mr. Waugh cautioned about avoiding the implication that the Town must enforce, at which point Chief Duncan said there is no expressed consent as far as he knows. This is an issue for Police Chief Trammell, and we should get his response. Mr. Bisbee reiterated his earlier question and asked, with the modification on forestry as discussed, if “2 b iv” could be considered their Active Recreation Plan. The consensus of the Board was that it was okay.

It was stated that “3 e” regarding the merger of lots will wait until final approval and Mr. Waugh agreed with this.

Discussion of liability protection arose again regarding the Town being on the private roads and if particular phrasing should be added to assure for protection. It was noted that the Town does respond to emergencies. Mr. Waugh advised that he must research this. Rather than continue with discussion and questions that couldn’t be answered at this time, Mrs. Vecchio said it should be left for Counsel.

Attorney Bisbee wondered about signing off on the conditions. Before this, Dr. Karpf read the Planning Board Conditions of Approval. It was asked if all pages of the plat would be recorded. Attorney Waugh stated that the final plat will be in the Site Plan Review and is not normally recorded. It was also stated that the electrical plan will be provided to the Board sometime before final approval.




Discussion turned to a conditional motion of the conditions and the items in the waivers that were of concern to Chief Duncan:
#7 Line of sight visibility maintained
#7 Proper turning radii for emergency vehicles
#8 Grade is maintained
#9 2% maximum grade with the largest request at 4% as long as it is maintained
Attorney Waugh recommended showing these with the descriptions of waivers granted and not as separate conditions.

Attorney Waugh reiterated the way he envisions the process which would be as follows:

List of documents which constitute the application,
Plans will be implemented in accordance with these documents,
No material changes will be made without prior Board approval, and it would be
Subject to changes or considerations before the final vote is taken (to allow the Board to address a concern that may not have been addressed at this meeting).

After discussion about the motion, Attorney Waugh suggested the wording, which the Board chose to go with. Charlie Cohn made the Motion to: Approve the project in general in accordance with tonight’s discussion, but subject to an actual approval of a written notice of action which includes a list of petitions. Rena Vecchio seconded. Attorney Bisbee asked if he could be notified ahead of time if something comes up during the review over the next period of time that has not been previously discussed, to give him an opportunity to go over it. Attorney Waugh agreed with this and stated after he and Dr. Karpf work on the draft, it be forwarded to Attorney Bisbee so they can have all the comments they need. Dr. Karpf took a vote on the Motion and it passed unanimously.

It was decided to forgo trying to have a special meeting later in the month, so the Public Hearing is continued to March 6, 2008. The applicant consented to the extension of time to the next regular meeting on March 6.

There being no further business, Rena Vecchio made a Motion to: adjourn the meeting. Charlie Cohn seconded and it passed unanimously. Dr. Karpf declared the meeting ended at 10:15 p.m.

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