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5-12-10 PLBD Minutes

May 24th, 2010





Carroll Planning Board
Meeting Minutes
May 12, 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, Frank Maturo, Ernie Temple

Members of the Public present: Linda and Bill Dowling, Bill Rines, Mike and Judy Gooden, Roberta McGee, Herb McGee, Joan Karpf (filming), Steve LaFrance, Mark Champagne, Mike Rouillard, Leslie Bergum, Chuck Jellison, Ben Jellison, Dave Scalley, Dave Currier and Mark Champagne

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 6:50 discussing:
1. Driveways – Chairman Birknes asked if the board reviewed the information they had gotten at the last meeting and if there were any questions. Evan Karpf said he had looked over the driveway regulations from the three towns that the board had been given last month. He liked the regulations from Chester the best and a few from the town of Amherst. Chairman Birknes said he had also looked them over and felt that the regulations from Chester were the best, should be renumbered for our regulations and exacted to our Zoning regulations.(Copies of both the Chester and applicable Amherst Driveway Regulations will be attached to the hard copy of the minutes in the office.) John said that he thought language should be put in to waiver where hardship is shown, but we already have that language in the subdivision regulations (Town of Carroll Subdivision Regulations, page 48, 5.10 Waivers).
Evan said on the Amherst Regulations, he felt that # 3 and # 4 should also be added. John Birknes did not understand on # 3 what “...and should
be no greater than 30 degrees from normal.” Evan did not understand either and they decided to drop that from the sentence. Ernie Temple said
he felt that it would not be practical in a lot of situations. John Birknes said that is where the waiver would come in.
Bonnie Moroney asked about the need for culverts on the second page of the Chester Regulations. Ernie Temple once again stated he felt that it
would be unnecessary for most driveways. Chairman Birknes said that the regulation at the top of that page, “4.7.8.1 Driveways must be graded
and have proper drainage to prevent runoff from entering a Town right of way.”, pretty much allowed for those driveways where it would be
unnecessary.
Evan Karpf made a motion to: adopt the Town of Chester’s Driveway Regulations, with changes to 4.7.8.2, to start with “Where culverts are necessary…” and to adopt the Town of Amherst’s Driveway Regulations # 3, amended to read, “Driveways should intersect the street at a 90 degree angle.” and # 4, as written. Ernie Temple seconded and the motion passed unanimously.

Chairman John Birknes declared there was a quorum and called the meeting to order at 7:00 pm. The Chairman started with correspondence:
1. DOT, dated March 4, 2010, RE:
• Emergency Road Closures
• Town Road Inventory, Classes 4, 5 & 6 Roads
• Driveway Permits
• Excavation Permits
• Trench Permits
• Parade Permits
Hard copies of the letter will be attached to the minutes in the office and sent to
the board members via email.
2. PSNH, dated March 9, 2010, Transmission Line Easement Encroachment Review
Requirements. Hard copies of the letter will be attached to the
minutes in the office.

Next Chairman Birknes asked for the minutes of April 1, 2010 to be considered. He said he had a couple of corrections:
1. Second page, third line, “This will be formerly….” Corrected to “formally.”
2. Second page, last paragraph, “town council”, corrected twice, to “counsel”
3. Fourth page, second sentence, “Mr. Rines plans tpave…” corrected to “to pave”
Evan Karpf made the motion to: accept the minutes as amended for April 1, 2010. Ernie Temple seconded and the motion passed unanimously.

Next on the agenda was Mike Brunetti, from Bretton Woods Land Co., asking for an Extension on the permit for the Temporary Alpine Club. Chairman Birknes read from minutes of September 25, 2007 on the motion to accept the temporary facility, “….a motion to: Approve the facility as a temporary structure not to exceed approximately two years, to expire April 30, 2010, and that an agreement be pursued and consummated with the Police and Fire for the high traffic periods, that No Parking signs be placed on the roadways as determined by the Police Department, a Bond be issued for removal, and that the project be reviewed after the first season.” John Birknes said that all of those things were done, but now the permit has expired and that is why Mike is before us tonight.
Mike had a power point presentation of approximately 18 slides. A hard copy will be attached to the minutes in the office. The presentation consisted of:
• MWR – Project Update
• MWR – Ownership: June 2006 & Today
• MWR – Management: June 2006 & Today
• MWR – Management: January 2010
• MWR – Real Estate Status – Turnaround Timing
• MWR – Real Estate Development Status
• MWR – Capital Improvements
• MWR – MW Alpine & Country Club
• MWR – Temporary Alpine Club
• MWR – Temporary Alpine Club Interior
• MWR – Future Alpine Club Plans
• MWR – MWACC “Ask” (5 Year Extension)
• MWR - MWACC “Ask” (Prior to..)
Mike Brunetti said that in 2007 they were granted a temporary CO for the Alpine Club. The thought in 2007 was that by the ski season of 2010-2011, there would have been 150 to 200 new real estate sales in place, which would mean about 100 to 130 new Signature Members using the Alpine Club. (Only Signature Members have access to the Alpine Club.) The permanent Alpine Club would be in place by now. Since the 27 month real estate depression, the sale of real estate has been put on hold and the recruitment of new members is not longer happening. Because of this, revenue is not being generated and the capacity at the Temporary Club is not an issue and will not be until another 70 members join the club.
So the MWR is looking to extend the temporary structure for a period of 5 years with a time line of:
• 2011 – Economic Recovery Period/Real Estate Sales on Hold
• 2012 – Real Estate Sales and Infrastructure Work Begins/Construction Begins on First Homes
• 2013 – 25 Projected Annual Sales Closings/First Residents Move into Homes
• 2014 – 50 Projected Annual Sales Closings
• 2015 – 75 Projected Annual Sales Closings/Temporary Club Extension Expiration 4/15/2015/Permanent Alpine Club 11/01/20115
Mr. Brunetti also said that prior to the extension being granted, the Resort would propose that the Building Inspector and Fire Chief inspect the current structure, any items that need to be addressed be completed and that the PLBD would be able to ensure that the club still meets the zoning requirements as it had when the first approval was issued.
At this point, Mike said he would take any questions. Charlie Cohn said he was not in favor of the 5 year extension. He feels that 3 years would be better and that the PLBD would have more control over it. Then the resort could come back after the first extension and if need be ask for another 2 years. Evan Karpf also felt that way. He would also want to send letters again to the abutters and hold a public meeting. John Birknes said he didn’t believe there were any abutters and Mike was not sure.
Leslie Bergum said she had heard that there were problems with mildew. Dave Currier was present, he is the Resort Construction Manager, and he said that because of non-use in the summer and the humidity, mildew does build up. He said that they have had the Club professionally cleaned before and would do so again.
Chairman Birknes said he would entertain a motion. Charlie Cohn made a motion to: accept an extension of three years and that the Building Inspector and Fire Chief inspect the current structure. Bonnie Moroney seconded. Evan Karpf said he has no problem with the motion but still feels that to be fair to the abutters, they should be notified. The Chair said they would need the motion and the second to be taken back. Bonnie Moroney said she would say no, she wanted to stand by the first motion. Charlie Cohn said he would agree to take back his motion. Evan Karpf said then that Charlie was fine with the amendment and that he would second the amendment. The Chair asked Bonnie if she was okay with the amendment and she said no. She had voted not to take back her second. Chairman Birknes read the amended motion to: Conditionally approve the extension of the Temporary Alpine Club for three (3) years, until 4/30/2013, subject to the Building Inspector and Fire Chief signing off on the building. If there are abutters to the property other then CNL and Bretton Woods Land Holdings, LLC, then those abutters are to be notified and a Public Hearing held. A vote was called, Bonnie Moroney voted no and the rest of the board voted yes. The motion passed.

Mike Rouillard, Outside Plant Manager for the the Bretton Woods Telephone Company, was next requesting a building permit to install a prefabricated, reinforced, modular concrete building at the current central office lot located at 311 Mt. Washington Hotel Road, Bretton Woods, NH 03575. They were awarded a grant from the federal government which included the purchase and installation of a prefabricated building. CNL owns the land and leases it to the Telephone Company. This building will house the new electronics and fiber optic cable for the future. It will hold no living space, no office space, no water, no outside lighting, no signage, no pedestrian traffic, no loading spaces, etc. There is no plan yet showing the exact location of the building as CNL and the phone company are still negotiating. The job trailer that is there now will be replaced by the new building.
Chairman Birknes said that they would need to have a “recordable plan” before they come before the board again. He also said that if the Telephone Company needs a special meeting to help them move things along, the board will do what they can to help.

Steve Lafrance of Horizons Engineering, was filling in for Eric Pospesil who was representing William and Sabrina Rines, Subdivision, Map 206, Lot 10. Mr. Lafrance wanted to discuss some waiver request for the subdivision. He brought with him 2 new plan sheets that show modification’s to the previous plans that were conditionally approved on April 1, 2010. He said what generated this were the responses from Provan & Lorber’s review of the application. One of the conditions for the approval was to comply with their review. One of the first issues with the plans was the line type that was used for the wetland boundaries. They had used a “dash dash” (- -) instead of a “dash dot” (- .). The “Wetland Boundary” was removed from the legend of the plans and replaced with “Approximate Stream Location.”
Attached to the hard copy in the office, is the response and criteria for the waivers that were granted on April 1, 2010. Jim Murn of Provan & Lorber, had asked them to justify the waivers.
Chairman Birknes said he only had one other question. He had discussed with Eric Pospesil if they had made any provisions for a Bond or Surety, as he will not endorse any plans without that. However, he said he feels there are two ways to go about this:
• You can put up a Bond and be able to sell the land at anytime.
or
• You do not have to have a Bond, but you cannot sell any land until Provan & Lorber gives their approval on the road.
Bill Rines said he would be fine with the second option. He will not put up a Bond and he will not sell any land until Provan & Lorber approve the road.
The board at the April 1, 2010 meeting had approved two waivers for the road and Steve Lafrance was looking to have approved a third waiver: Waiver #3, To waiver the Slope of 3.96% with 78.25 feet of Hammerhead.
Bonnie Moroney made a motion to: Approve the waiver of the slope of the entry road to the hammer head as shown in the plan submitted by William and Sabrina Rines, 171 US Route 3, dated 1/21/2010, sheet 2 of 4. Charlie Cohn seconded and the motion passed unanimously.

The Chair asked if there was any other business. Chuck Jellison said he had old business to bring up and had a letter to read about the excavation going on behind his home. He wanted to know if this was the correct board to come before. John Birknes said they could listen and at least try to answer questions. Mr. Jellison proceeded to read his letter (will be attached to the hard copy in the office). He also said he thought that the excavation was for one job only in Bartlett and that he could be misinformed, but he feels that the information is relatively correct. Chuck said he talked to Mark Champagne a week ago, that if all the t’s were crossed and all the i’s dotted, he would pack his bags and go home. If everything was legal, so be it. The Chair said that there should be no material leaving the property at this time.
Evan Karpf asked Bill Rines if he had applied for any permits as per 155E in regard to excavation. Bill Rines answered yes. Evan then asked if he had applied to any local boards, the regulator, ZBA or PLBD. Mr. Rines answered no as they were working on the subdivision. Evan said just for clarification did he go before the ZBA to do the proper following of town ordinances and state RSA’s for the initial excavation. Bill said he did initially go the proper way and got a variance for the abutters. Evan said so you have the experience and know the proper way to do things, yet to this day you are telling me, the board and the public that you have not gone the proper route by going to the ZBA or the PLBD. Bill said he has gone to the proper board and done the proper thing at this point as far as he is concerned. Evan Karpf said that was a yes or no answer and he guesses the answer is no. Chairman Birknes said that the matter is in court and he has been relaying the feelings of the board to our counsel. According to the report from Provan & Lorber, the chair said, what was excavated was a little over two times what was permitted originally. Chairman Birknes said the board does not have the power to go in and stop this on their own. They have to rely on the court and that can be a slow process. If successful, there is a potential for a daily fine for any activities and that is the extent of relief in the end. John said that he would like anyone that has seen material leaving the area now to document it and they could possibly be called to court as witnesses. The chair said he would like Mr. Jellison’s number so it could be given to the lawyer.

Evan Karpf made a motion to: adjourn the meeting. Frank Maturo seconded and the vote was unanimous. The meeting ended at 8:00.