Town of Carroll, New Hampshire

• Town Services
• Town Meeting Minutes
• Planning Board/ZBA
• Applications & Forms
• Town Clerk/Tax Collector
• Map
• Home

Minutes of Town Board Meetings

• Planning Board
• Board of Adjustment
• Select Board
• Budget Committee
• Building Committee
• Energy Commission

04/01/2010 PLBD Minutes

April 14th, 2010

Carroll Planning Board
Meeting Minutes
April 1, 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, Ken Mills, Frank Maturo, Ernie Temple


Member of the Public present: Bill Dowling, Bill Rines, Mike Gooden, Roberta McGee, Herb McGee, Steve Messina, Linda Dowling (filming), Joan Karpf (filming), Jeff Duncan, Steve LaFrance, Mark Champagne, John D’Urso (filming), Eric Pospesil, Judy Gooden, Kathleen and Brian Donigan

Minutes taken by Rena Vecchio, Secretary

Pledge of Allegiance

At the January 5, 2010 PLBD meeting, the board unanimously passed a motion “to add 15 minutes to the agenda for every meeting to go over Zoning and Planning Regulations.” With that, the meeting started at 6:45 discussing:
1. Parking Spaces – Evan Karpf stated there were conflicting parking space requirements. Chairman Birknes asked everyone to turn to Zoning Regulations, page 19, Section 405. Off Street Parking, “Retail stores and professional offices – 1 space per 400 ft. of principal use area.” Then in the Site Plan Review, page 9, VI. General Standards, A. Improvements to existing streets….., 1. Parking Space Requirements, “Retail Stores and Services - 1 space for each 150 ft. of gross floor area.” Evan brought in some information from the Londonderry PLBD regulations on, 3.10 Vehicle access and Parking, that was quite extensive. He thought if the board took the information home and looked it over, then at the May meeting they could deal with what pertained to the town.
2. Chairman Birknes said he wanted to go over “Utilities” in the definitions. He said that the board had discussed this last year and had wanted it added into the Warrant Articles this year, but it was forgotten. In the Subdivision Regulations, Section 2. Definitions, page 4, we could add #2.34 Utilities after approval. Ernie Temple made a motion to: add to the Subdivision Regulations, Section 2. Definitions, page 4, # 2.34 Utilities - Shall consist of water, electricity, sanitary disposal and telephone service access. Evan Karpf seconded and the motion passed unanimously. This will be formerly voted on by the taxpayers next year. Chairman Birknes asked the secretary to keep a running list of items to go on a PLBD warrant for 2011.
3. Evan Karpf said he also wanted to look into driveways. He brought in 2 samples of regulations from other towns, one is from Amherst and one from Chester. This will also be addressed at the next meeting.

Chairman John Birknes declared there was a quorum and called the meeting to order at 7:00 pm. The Chairman asked for the minutes of March 4, 2010 to be considered. Evan Karpf asked that the minutes reflect that the applicant agreed that this was a major subdivision. Brian Donegan, an abutter to the Rines Subdivision, said that he took his minutes off the town website and it was mentioned on page 3, that “Eric said that after reading the regulations over this past week, he could see that it may have been a mistake on his part to put down for a Minor Subdivision.” With that settled, Evan Karpf made a motion to: accept the minutes as written. Bonnie Moroney seconded and the motion passed unanimously.

Steve Messina was next on the agenda for a consultation. Steve owns the Above the Notch Motor Inn, Bretton Woods, Map 208, Lot 002. Mr. Messina would like to convert the 13 unit, Above the Notch Motor Inn, with an office and the 2 bedroom/2 story house into condominium units. Although the property is physically in Res.2 Zone, but because it is not part of a concept plan, the property reverts back to Twin Mountain, Res. 1, for zoning purposes.

Chairman Birknes said that this is not an easy task. It is not an “ok, good luck, go ahead.” The State Statue defines Subdivision, RSA 672:14;
I. “Subdivision” means the division of the lot, tract, or parcel of land into 2 or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance or building development. (Etc. A copy of RSA 672:14 will be attached to the minutes in the office.)

The Chairman said he also talked to town council, Jae Whitelaw, and she agreed that there would have to be a subdivision. There are 13 motel units, an office space in the motel and a 2 bedroom/2 story house that he would like to convert. Steve said that the land has already been subdivided and he does not understand the need to do it again. The Chairman corrected him saying that it had not been subdivided for condominium use. With this subdivision you will need:
• A recordable covenance and by-laws that will cover all of the management issues.
• A review by Provan and Lorber
• A review by Jae Whitelaw, Town Council.
• A review by the Town Fire Chief.
Chairman Birknes said these reviews will help show that everything is proper. You will have to show that you have covered the areas of waste water, sanitary disposal and water service and that they are sufficient for today’s standards. The Chairman said that he knows he and Steve have talked before about the need for a good lawyer, one with experience, to do this for him. He also said that he would welcome his lawyer’s calls with any questions. And if could not help him, he would contact Jae Whitelaw. Steve said thank you and he would consult his lawyer on proceeding further.

Next the Chair introduced Eric Pospesil, from Horizons Engineering, representing William and Sabrina Rines, for a Major Subdivision, Map 206, Lot 10 and a Boundary Line Adjustment, Map 206, Lot 20. Eric handed out to the board the plans of the subdivision and the perk tests for the land involved. He stated that he had corrected the numbers of the lots from the previous plans. William Rines will provide utilities to these lots as well, with municipal water, electricity, telephone and cable will be provided to Lots 1, 2, and 3.

Chairman Birknes asked if the Fire Chief had been satisfied with the hammerhead at the top of the road. Eric said that the Chief is here and he is welcome to look over all of the plans. Jeff Duncan, Fire Chief, said he was fine with the hammerhead. Eric also had plans for the utilities, that shows a fire hydrant at the end of the hammerhead. It also showed the road plan. PSNH had been contacted and sites were proposed as to where the location of the poles will be.

John Birknes said they would need to have Provan & Lorber look over everything with the expense going to the applicant. Eric acknowledged that.

The Chair opened the floor to the public for any questions. There were no questions from the public. Evan Karpf asked what grade was the road. Eric stated that the road was 6% in and 8% back to the hammerhead. Evan stated that the road had to meet all the town specs and Eric said as required, that is correct. He said they have proposed a paved cover that goes in 100’ and then a gravel surface.

Steve LaFrance, Horizons Engineering, said that they would like to request two waivers from the following Town of Carroll Subdivision Regulations for the proposed subdivision (also conflicts between Regulations here):

1. Road intersection Angle less than 75 degrees under 4.14 (j)

Since the NHDOT permitted gravel drive and right- of- way are skewed at 71 degrees from Route 3, we believe that it is unnecessary to require a change in the existing horizontal geometry used for the proposed private road. We feel that this project is unique since it is already permitted and in use and should be considered a “specific circumstance” under 4:17 (3)(A)(4). In addition the current alignment meets the NHDOT policy for permitting driveways “as close as is practicable to 90 degrees but in no case less than 60 degrees.

2. Paved Road Surface under 4:17(3)(A)(4)

Due to the minimal traffic and low design speed (25 mph), we believe the pavement requirement for the proposed road is excessive. Mr. Rines plans t pave the driveway apron and the first 100’ to provide a stopping area before turning onto Route 3.

Eric adds the sub-divider will maintain the road at the current condition unless, if ever, a road maintenance agreement is established by the owners of the lots.Frank Maturo asked if the surface was going to be loose gravel or processed gravel. Eric stated it would be processed.

Chairman John Birknes said he would entertain a motion to: grant a waiver so that the road intersection would conform with the requirements of our Subdivision Regulations, Section 4.17, Subsection 4. Bonnie Moroney moved to accept the waiver. Ernie Temple seconded and the motion passed unanimously.

Chairman Birknes said he would entertain a motion to: grant a waiver to allow the road surface to be paved 100’ in from the intersection and the remainder shall be crushed gravel, including the hammerhead. Evan Karpf asked for a point of information. He said the owner is responsible for the maintenance, but who will oversee the maintenance. He wanted to know if it would be the Town’s engineer. Chairman Birknes said we are not responsible for the maintenance of private roads. Evan continued asking about the condition of the road for safety vehicles and responsibility and how it would be checked. It was brought to his attention that there are many private roads and the town does not over see any of those. The Chair maintained that the town had no responsibility on a private road. Eric said it would be at that point the homeowners suing the landowner. Bonnie Maroney moved the motion. Ernie Temple seconded and the motion passed
unanimously.

Chairman Birknes said he would entertain a motion to: approve the subdivision subject to an inspection by our engineers and would not entertain endorsing any mylar until the engineers have been paid. The approval is also subject to having all required state permits. Bonnie Moroney moved the motion. Ernie Temple seconded and the motion passed unanimously.

Chairman Birknes said he will wait for a letter of approval from Provan & Lorber and then he will come in and sign everything.

Next is the Boundary Line Adjustment for William and Sabrina Rines. Eric said this involves the lot that was just subdivided, Map 206, Lot 10 and Lot 20. He said they are proposing to increase their house lot size from .86 acres to 1.13 acres. Evan Karpf made a motion to: approve the Boundary Line Adjustment as shown. Bonnie Moroney seconded and the motion passed unanimously.

The secretary asked the board if they would like to set a date for the May meeting now. She will be on vacation at the time of the scheduled meeting and had the permission of the Chair to continue with her plans. The Board decided to confirm the date of May 12th for the next meeting.

Jeff Duncan, Fire Chief, wanted to ask about Cherry Mountain Road and the ongoing development of year round homes. Jeff wants to know what the classification of the road is and if it is a Town road. There is no way to get emergency vehicles in during the winter at this point. Chairman Birknes suggested talking to Stan Borkowski and possibly talking to the lawyer.

Evan Karpf made a motion to: adjourn the meeting. Bonnie Moroney seconded and the motion passed unanimously.

Town of Carroll, New Hampshire ®2024