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10-01-09 PLBD MINUTES
October 28th, 2009
Town of Carroll Planning Board
Minutes
October 1, 2009
“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, Charlie Cohn, Connie Oliver, Donna Foster
Member of the Public present: Jeff Larabee, Gardner Kellogg, Edith Tucker
Minutes taken by Rena Vecchio, Secretary
Pledge of Allegiance
Meeting called to order at 7:00 PM
Chairman John Birknes declared there was a quorum and asked the board to review the minutes of September 10, 2009. Corrections to be made are:
• first page, ninth paragraph, fifth line/add the word “To” ( To the extent that the State..)
• second page, second paragraph, fifth line/ remove the letter “s” from the word regulators, remove the word “no” and add “not” (this board does not have..)
• third page, first paragraph, eighth line/ remove the word “probably” (not admitted to the Bar..)
• third page, second paragraph, third line/remove the word “thought” , add the word “though” (even though he has asked..)
• fourth page, first paragraph, second line/remove the word “you”, add the word ”your” (your client to get a pit..)
• fourth page, last paragraph, last line/spell out “LGC”, Local Government Center
Charlie Cohn made a motion to: accept the minutes with the corrections. Donna Foster seconded, and the motion passed with 3 ayes. Connie Oliver abstained, as she was not at the meeting.
Correspondence was next on the agenda. The first was a letter from the NHDES Wetlands Bureau informing the board of an application from Michael Perlmutter for a Minor Impact Dredge and Fill Permit. The second letter was from the State of NH DES informing the board that the State Legislature designated the Upper Reach of the Ammonoosuc River as a protected river under the New Hampshire Rivers Management and Protection Program (RMPP). The letter, written to the PLBD, was looking for nominations from the Select Board for the Ammonoosuc River local advisory Committee. The Chair asked if anyone on the board was interested. There being none, the Chair said he would like to nominate Leslie Bergum and Joan Karpf. Both he said are on the Conservation Committee and have been very involved with RMPP. Connie Oliver made a motion to: nominate Leslie Bergum and Joan Karpf to the Ammonoosuc River Local Advisory Committee. Charlie Cohn seconded and the motion passed with 3 ayes and 1 abstention.
Next, Gardner Kellogg was in front of the board for a consultation. He was representing Jeff Larabee, owner of the Zermatt Inn, Map 205, Lot 034. Jeff Larabee is looking to separate the buildings, the inn and the apartment building, into two lots. Chairman Birknes said he had the required frontage on each parcel. He said it was a minor subdivision, so it would not have to be advertised in the local papers but abutters would have to be notified. It was agreed that the board would see Mr. Kellogg next month, November 5th, with the application, easements, and abutter notification.
Mr. Kellogg was also representing Flora and Olga Jordan for their boundary line adjustment, Map 206, Lots 070/072. Mr. Kellogg had been before the board September 3rd consulting. Abutters had been notified and everything was now in place. Donna Foster made a motion to: approve the boundary line adjustment in accordance with the plan. Connie Oliver seconded and the motion passed unanimously.
Lee Hallquist was before the board also September 3, 2009 consulting on a boundary line adjustment. Abutters had been notified and everything was in place. Charlie Cohn made a motion to: approve the boundary line adjustment in accordance with the plan. Donna Foster seconded and the motion passed unanimously.
Chairman Birknes said he wanted to bring the board up on what had been going on and then to ask the boards permission to continue to talk to Town Counsel. The following is what has taken place:
• written cease and desist letter and had delivered
• brought to his attention by town counsel that things had been left out of the letter, wrote an addendum and had that delivered
• received 2 phone calls one from Mr. Jellison that said at first he was happy to get a time line going, but now feels the law is being ignored, activity has increased
• Linda Dowling was second phone call and saying that removal of excavation, was going at a faster pace now
• the chair talked with town counsel (Laura Spector) to see if they could represent the PLBD with the Select Boards approval
• counsel responded they could and had the approval, wanted to talk to Rines’ counsel before the board prepared petition
• Rines’ counsel (Bruce Marshall) was getting ready to file a superior court action to void PLBD’s decision-but is willing to work with town to resolve matter
• town counsel advises to accept Horizon’s Engineering amount for bond-chair says no, they work for him, have to have outside person- make every applicant do this
• Rines’ counsel will not consent to Provan & Lorber but will allow a DES rep to go unto the property
• Rines’ counsel said they have agreed to come in for variance by November 1st instead of waiting till November 30th
• Town counsel said not immediate compliance we wanted but neither will a lawsuit-even hearing on injunction would be scheduled after November 1st.
Chairman Birknes said he fells they should continue to Superior Court to get an injunction. Connie Oliver made a motion to: continue to consult with Town Counsel. Charlie Cohn seconded, and the motion passed with 3ayes. Donna Foster abstained.
Donna Foster asked about the September 3rd meeting and the talk of site plans being done by the ZBA now, against town counsel. The Chair said he saw no problem as site plans are primarily for safety issues.
Charlie Cohn made a motion to: adjourn the meeting. Donna Foster seconded and the motion passed unanimously.
(Attachments to be found in the office.)