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04/10/2008 ZBA Minutes

April 17th, 2008

Carroll Board of Adjustment
Meeting Minutes April 10, 2008

“These minutes of The Town of Carroll 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 Board of Adjustment 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”

Members of the Board present: Joan Karpf, Leslie Bergum, Pam Walsh, John Goodney

Members of the Public present: Billy Rines, Mark Vander Heyden

Meeting called to order at 7:20 PM with the Pledge of Allegiance.

Billy Rines came to update the Board on the gravel project begun last summer. He also wanted to advise that Mr. Piper had told him he will not need all the material that is left for the project that he is doing in Bartlett. Mr. Rines wants to get the mound down to the level originally planned and has been approached by others who would like the gravel. He went to the Planning Board meeting on April 3, and that Board agreed that it was within the periphery of the previous approval. Planning Board Chairman, John Birknes, suggested as a courtesy that Mr. Rines telephone Chairwoman Karpf as it was at the ZBA where final approval was granted, and Mrs. Karpf requested that he come before the Board. Discussion followed and it was asked if everything was still in place regarding the bond for reclamation, amount of gravel, permits, etc. Mr. Rines assured the Board that they are. Mrs. Karpf said the variance runs with the land, but asked Mr. Rines to find out from Stan if a new permit is needed. He had already spoken with the State and he only needs a new excavation permit which he will be getting soon. It was reiterated that the project is being done within the timeframe previously approved, and if the bond is acceptable to the Town, it should be fine. Leslie Bergum did note that the State DOT had been very diligent with signage, traffic control, and debris and dust control, and wants to be sure this will still be followed. Mr. Rines assured this is all part of the permitting process and it is already set to be in place. It was further stated that they must maintain the conditions noted in the original approval (copy attached). With discussion having ended, Mrs. Karpf made the Motion: That this is no longer a ZBA issue, the project must still meet any state and town conditions, permits, etc., placed on it. John Goodney seconded, and the Motion passed unanimously.

Next was Mark Vander Heyden, Land Surveyor, regarding a minor subdivision on Lennon Road. He had been to the Planning Board with the property owners, Keith and Brenda Bergeron, and they were advised to come to the ZBA, as the new parcel does not have the minimum 200’ road frontage required. Mr. Vander Heyden explained the Bergerons want to sell this parcel and the potential buyer is not sure what he wants to do with the property—whether he will keep it for one house or whether he will want to subdivide for several lots. They were advised at the Planning Board that they could fulfill this by putting up a bond and putting in a road from Lennon Road, and at this point, that is much more than they really want to do. Mrs. Karpf brought up rights-of-way and wondered if this could be an option. Mr. Vander Heyden showed the Board an alternative around the edge of the property for getting the proper frontage but which is really quite an absurd plan and one they don’t want to use. He said the potential buyer realizes that anything more than one house will require returning to the Planning Board. There was discussion regarding designating a right-of-way, which would then prohibit anything being built in that area but a driveway or road. Chairwoman Karpf suggested that the application for an area variance be filled out and in the meantime she will research if it needs to go to that point as 674:21 states “or right of way.” She said she will also discuss this with the Planning Board. Leslie Bergum questioned if it would be creating a non-conforming lot. It was reiterated that it be set up for review at the May meeting, and if it is not necessary, then the meeting will not be held. If it is, the application will be accepted in May and a public hearing will be set up for June. The regulations for Littleton were briefly discussed and it was agreed that it might be a good idea to look at some other towns to see how they handle things.

Stan Borkowski sent an application for a permit that had been submitted to him for dredging a detention pond. This is a pond developed for collecting water many years ago, and has begun to fill in. The owner wants to dredge it and spread the material on his property. Stan spoke with the DES and they told him it is only a local matter. He said he is ready to approve it if the ZBA has no question with it. The Board agreed it is not a ZBA matter and advised to return it to Stan.

The election for Chairman was then brought up. Leslie Bergum made a Motion to: Re-elect Joan Karpf as Chairman and John Goodney seconded. The Motion passed unanimously. Mrs. Karpf said she would like a Co-Chair or a Vice Chair.

The minutes for January 31, were reviewed. Pam Walsh made a motion to accept the minutes as written. John Goodney seconded, and the motion passed unanimously

Discussion then followed about having some hearings or meetings with the Planning Board as they feel some of the more extensive applications such as the excavation project should have been shared. They also discussed the possibility of bringing on or at least consulting an engineer, at the applicant’s expense, for some of these projects. They may discuss this further at another meeting. Discussion continued regarding road frontage and rights of way—and it was suggested that they ask the Planning Board in the future for a report or summary about why an applicant is being sent to the ZBA.

There being no further business, Leslie Bergum made a motion to adjourn and Pam Walsh seconded. The motion passed unanimously.

The meeting was declared ended at 8:30 p.m.