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1/05/2010 PLBD Minutes

January 21st, 2010



Carroll Planning Board
Meeting Minutes
January 5, 2010


“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, Charlie Cohn, Bonnie Moroney, Donna Foster, Frank Maturo

Member of the Public present: Bill Dowling, Bill Rines, Mike Gooden

Minutes taken by Rena Vecchio, Secretary

Pledge of Allegiance

Meeting called to order at 7:00 PM

Chairman Birknes declared there was a quorum and called the meeting to order. The first order of business was a letter of resignation from Connie Oliver. Connie resigned as of December 31, 2009. The letter will be attached to the hard copy of the minutes in the office.

Next Chairman Birknes introduced the newest member of the board, Frank Maturo. The board welcomed him to his first meeting.

Chairman Birknes said he would entertain a motion for the minutes of Dec 3, 2009. Charlie Cohn made a motion to: accept the minutes as written. Bonnie Moroney seconded. Evan Karpf said he was unaware that the board was going to deal with the minutes tonight. He thought they were only dealing with the zoning ordinances. So he does not feel that he is prepared to vote on the minutes. The chair said he felt that they should deal with them now while there is a quorum. Chairman Birknes called for vote. The motion passed with 4 ayes with Evan Karpf abstaining and Frank Maturo abstaining, as Frank was not on the board at the time.

The Chair stated that this was a Public Hearing with the only thing on the agenda being the amendments for the Zoning Ordinances. He said that the two boards and the building/code inspector, Stan Borkowski, had input into the questions and recommendations.

Out of that came three articles for the upcoming warrant:
• Amendment 1. Article II, Definitions. Amend Section 202 by adding definitions for Condominium; Dwelling, Two- Family; Dwelling, Multi-Family; Dwelling Unit; Junkyards; Lot, Corner; Motor Home; and amending the definition of “Dwelling.”


Evan Karpf said if we were to look into the zoning ordinances and the different zones, like Residential 1, they all have to be relooked at because they all have terminology that conflicts with the new terminology. He said the board needs to look at the different “zones” make sure that the new definitions are correct and do not cause confusion or conflicting meanings. The Chair asked if he could explain himself and show the board what the conflicting definitions would be. Unfortunately, Evan said he did not mark them, just saw them today and it may take time to find them. Chairman Birknes said he wishes that the lawyer was here to defend her definitions better then he feels he is. But he said he trusts counsel’s opinions and that she has tried to anticipate things as best she can.
After reading the definitions and much discussion the Chair asked if there are any more questions.

Evan Karpf stated again that he did not feel confident to vote on these definitions because he did not feel that the board has spent enough time going over them. He said that he and Charlie had asked several times to go over these at a meeting and the board never did. The Chair said Evan was not being specific, just expressing fear. He feels that we need to move ahead because this has gone thru counsel, we have paid good money to have her go thru this and he has confidence in them. Chairman Birknes said that he feels that if the board goes thru the zoning ordinances page by page, item by item, it will take forever. He asked Evan if he thought he could, as a lay person, do a better job then the attorney. Evan said that is not what he meant. He just wants to do things as lawfully and correctly and objectively as possible. Bonnie Moroney said that we had input from Stan Borkowski and then it was sent along to the attorney. She feels comfortable with that. But to address Evan’s concern’s, maybe the board should set aside 15 minutes every meeting to go over the ordinances. Evan said that was a great idea. Donna Foster said that she is comfortable with the definitions. The Chair asked if there were any other questions and if not he would entertain a motion. Bonnie Moroney made a motion to: accept Article II for the Warrant as presented. Charlie Cohn seconded and the motion passed with 5 ayes and Evan Karpf abstaining.

• Amendment 2. Article III, Establishment of Districts: Article VI, Excavation of Earth Resources. Amend Sections 303.2, 303.4 and 303.5 to delete the commercial removal of topsoil, sand, gravel and rock as permitted uses and replace with excavations as permitted uses in the Residential (Bretton Woods), Industrial and Rural districts by special exception; amend Section 603 to add definitions relating to excavations; add a new section to provide that the ZBA is the regulating body for excavation permits.

Donna Foster said she is not opposed to the new definitions with regards to excavation but is not in favor of the ZBA as regulators. The Chair and Evan Karpf disagreed with her. Evan Karpf made a motion to: accept Article III. Frank Maturo seconded and the motion passed with 4 ayes and Bonnie Moroney and Donna Foster voting nay.

• Amendment 3. Article VII, Administration and Enforcement. Delete the provisions of Section 704.3 regarding the ZBA’s grant of variances and replace with new language that is consistent with new statutory law.

The only thing that the board found the need to change was in 704.3;
e. Any special exception or variance granted by the Board of Adjustment, shall be valid only for the time specified by the Board which shall not exceed one year.
to;
e. Any special exception or variance granted by the Board of Adjustment shall be exercised within one year.

Evan Karpf made a motion to: with changes stated, we keep “704.3 e.”, and to include the attorney’s statement, “Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.” and make it “f.” and we vote to accept Article VII. Charlie Cohn seconded and the motion passed unanimously.

Bonnie Moroney made a motion to: add 15 minutes to the agenda for every meeting to go over Zoning and Planning Regulations. Donna Foster seconded and the motion passed unanimously. Charlie Cohn made a suggestion to hold the meeting 15 minutes earlier to accommodate the extra time. The board agreed, but it is not to take place until the February meeting.

Charlie Cohn made a motion to: adjourn the meeting. Bonnie Moroney seconded and the motion passed unanimously. The meeting adjourned at 8:35.







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