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07/09/09 ZBA Minutes

July 15th, 2009

Carroll Board of Adjustment
Meeting Minutes July 9, 2009



“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, Paul Bussiere, Nancy Mitiguy, Bill Dowling

Members of the Public present: June Marihugh, Pat Lichtenwalner, Linda Webb

Minutes taken by Rena Vecchio, Secretary

Meeting called to order at 7:10.

Pledge of Allegiance.

Chairman Karpf declared the Public Hearing was open. The Public Hearing was to consider a request for an Area Variance by June Marihugh, Pat Lictenwalner, and Linda Webb for a carport, Map 206, Lot 56, Route 3 South. This is zoned Residential-Business. It was confirmed that there was a notice in the papers and that the abutters had been notified. The Chairman wanted it stated that there were no abutters present.

June Marihugh explained to the board what they wanted. They will be putting up a permanent structure, that will have one side. They may have crushed stone for the floor.
She also explained that there is no other spot really to put the carport that is level and that you would be able to drive into. Nancy Mitiguy told the board that she went to the location today to take a look at it as she was not familiar with the land there. Her feeling was that there was no other place to put the carport because of the topography of the lot.

Chairman Karpf asked if the board had any questions or comments. There were none. There being no public, the board moved on.

Facts supporting request:
1. The proposed use would not diminish surrounding property values because: It is not out of character.
2. Granting the variance would not be contrary to the public interest because: It would not be an eyesore. It will be a regular building with a reasonable use.
3. Denial of the variance would result in unnecessary hardship to the owner because:
• the following special conditions of the property make an area variance necessary in order to allow the development as designed: The level area is very limited.
• the same benefit cannot be achieved by some other reasonably feasible method that would not impose and undue financial burden because: The topography of the land does not allow for the building to be anywhere else.
4. Granting the variance would do substantial justice because: The carport is a
reasonable building in the north country.

5. The use is not contrary to the spirit of the ordinance because: The use is not
contrary to the ordinance because carports are common buildings.

Bill Dowling made a motion to: accept the area variance as presented for a carport on Map 206, Lot 56. Paul Bussiere seconded and the motion passed unanimously. Chairman Karpf declared the Public Hearing closed at 7:15.

Next on the agenda were the minutes of February 12, 2009. At the last meeting, the board asked the secretary to check the minutes for the statement that was made about 38,000 cubic yards taken out of the Rines Excavation pit instead of the 20,000. The secretary went back to the minutes of January 15th and saw that the statement had been made there. The board actually had asked to check to see if they had requested the minutes of February to reflect the amount that was removed.

Chairman Karpf made the motion to: accept the minutes of February 12th as written with the understanding that the omission is reflected in the future minutes regarding the amount of excavation that was removed was 38,000 cubic yards. Paul Bussiere seconded and the motion passed with Joan, Leslie, Nancy and Paul voting yes and Bill Dowling abstaining as he was not on the board at that time.

The minutes of June 11th were looked over. Leslie Bergum moved to: accept the minutes as written and the. Bill Dowling seconded, and the motion passed with Joan, Leslie and Bill voting yes and Nancy and Paul abstaining as they were not present.

The addendum to the minutes of January 15, 2009 were looked over. The Chair asked if the first sentence was a direct quote. Not knowing, the secretary said she would check the tape and correct from that or leave it alone. Chairman Karpf made a motion to: accept the addendum with the correction of the first line. Paul Bussiere seconded and Joan, Leslie and Paul voted yes and Bill and Nancy abstaining as they were not at the meeting.

Chairman Karpf said she felt the need for the ZBA, PLBD and Selectboard to sit down and go over the ordinances. The Use Variance needs work and the complexity of excavations deems a lot of work also. She said that she would like to look into the excavation ordinance if it was alright with the board. The board agreed to let her. She also stated that if anyone had an interest in anything in particular, to please state so.

The board agreed to:
• hold an administrative meeting to go over ordinances
• hold work sessions for the board to look at other town ordinances, the conflicts and vagueness of our town ordinances
• for the board to check out the website for OEP as they have model ordinances

Nancy Mitiguy asked the board if anything with the Rines excavation was taking place. Chairman Karpf said that at the last selectman’s meeting, June 29th, a letter was read from the town attorney about the issue. Nancy asked the board if they needed to send a enforcement letter. Chairman Karpf said that nothing was being done now, so there was need to ask for anything. Paul Bussiere agreed with her. Joan did state that all reclaimation has to be done by the end of November 2009.

Bill Dowling made a motion to: adjourn the meeting. Leslie Bergum Seconded and the motion passed unanimously. The meeting ended at 8:15.