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11-04-2010 PLBD Minutes

November 24th, 2010

Carroll Planning Board
Meeting Minutes
November 4, 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: Evan Karpf, Frank Maturo, Ernie Temple, Donna Foster, Bonnie Moroney, Erik Bergum

Member of the Public present: Joan Karpf (filming), Dan and Edith Tucker, Tim Sutherland, Leslie Bergum, Phil Wyman, Linda Dowling, Harold and Marilyn Garneau, Ed Martin, Vern Amirault, Richard Sierpina

Minutes taken by Rena Vecchio, Secretary

Pledge of Allegiance

The meeting tonight started at 6:30 so the board could hear a presentation on the results of Dr. John Field’s study that was done on the Ammonoosuc River. The study was on the fluvial erosion hazards. Nicholas Miller gave the recommendations for the restoration and development of the river. The presentation was thru the Ammonoosuc River Local Advisory Committee.

The meeting was called to order at 7:34 by Vice-Chair Evan Karpf. He welcomed Erik Bergum, newest member of the Planning Board. Correspondence was reviewed:

• A thank you note from Charlie Cohn, a member of the Planning Board. Charlie had been sick and the board sent a fruit basket. The note stated that Charlie was back home and getting stronger every day. A big thank you was sent for the thoughts, well wishes and basket of fruit.
• A letter from North Country Council on an application for funding from the N.H. Scenic Byways Program. They would like the community to appoint a representative to sit on the North Country Byways Council for improving the Scenic Byways. Anyone interested, please contact the office. (Attached on hard copy in the office)
• A letter from NCC on the Adoption of Regional Guidelines for the Developments of Regional Impact (DRI)

Evan Karpf asked the board to accept the minutes of August 5, 2010. Ernie Temple said that on the second page, second paragraph, third sentence: “They will not be loosing parking spaces,” to “They will not be losing parking spaces,”. Ernie Temple made a motion to: accept the minutes as corrected. Bonnie Moroney seconded and the motion passed with 5 votes of yes. Erik Bergum did not vote as he was not a member at that point. The Vice-Chair asked if the board had looked at the minutes for October 7, 2010.He asked for the following corrections:
• The second page, first paragraph, second sentence, “Fees were paid, notices were sent to the papers and the abutters. He wished it to read, “Fees were paid, notices were published in the papers and abutters were notified by certified mail.
• (Addition to the minutes) Donna Foster asked what Bryan Smith what his intent for the land was and he stated he was adding land to his property and had no intention of developing the parcel.
• Page 3, first paragraph, second sentence, “Vice-Chair Karpf said if the deed reflected that lot as a right of way, then the lot would not have to be an acre. He would like this sentence removed. He did not feel that those were his words and he had checked the video. The secretary said she would check the tape for this and get back to the board.
• The last page, 5th paragraph, “Donna Foster made a motion to: send a fruit basket to John Birknes and Charlie Cohn from the Planning Board………”. Evan Karpf he had made the motion.
Evan said he would like to table these minutes and have the secretary check the tape and the board would address them at the next meeting. Erik Bergum also noted to the secretary that his first name was spelt with a “k” and not a c. The secretary apologized for the misspelling of his name.

The first item on the agenda was the Burns Lot Line Adjustment, which was a continuation of the Public Hearing from the October 7th meeting. Robert and June Burns, 383 Tuttlebrook Road, Twin Mountain, N.H., Map 418, Lots 27, 29, 30, 38, and 38.01.The Lot Line Adjustment is to change the lot lines on their pre-existing lots. Donna Foster recused herself and sat with the “public”, as she is an abutter. Tim Sutherland, representing Robert and June Burns, provided the board with the new maps.

The board had asked at the last meeting for Map 418, Lot 38.01, .62 acres, be abandoned as a lot. It was not an acre and would now be a non-conforming lot, which the board could not accept. Mr. Sutherland showed the new map to the board. Map 418, Lot 38.01 was now going to be conveyed to Map 418, Lot 30. That lot will now be 5.72 acres. Map 418, Lot 38 will have an easement to cross Lot 30 for access. Lot 30 would have access from the Cul-de-sac. Evan stated that this would be noted in the deed. Tim Sutherland said it would. The easement is also stated on the map. It was stated that Fire Chief Duncan had no issues, unless there was a subdivision. In that case Evan said the board may require a cul-de-sac at the end of the driveway. He would like that in the deed as well. He also stated that all State DES issues are to be followed if there is a river crossing and that all proper State permitting is done.

Vice-Chair Karpf said the board asked for these changes because before Map 418, Lot 38.01 was now a non-conforming lot and Lot 30 would have been landlocked. This new map takes care of that issue.

Bonnie Moroney made a motion to: accept the Lot Line Adjustment for Robert and June Burns, Tuttlebrook Road, Twin Mointain, Map 418, Lots 27, 29, 30 and 38 with these conditions:
• That the deed reflects the owner of Map 418, Lot 30, is responsible for the maintenance of the driveway.
• That the Planning Board regulations are followed.
Erik Bergum seconded and the motion passed unanimously.

Donna Foster rejoined the board.

The seconded item on the agenda was a Lot Line Adjustment for Vernon and Barbara Amirault, 2054 Route 3 North, Map 407, Lot 011-000-001. The main purpose of this adjustment is to sell a piece of their property to an abutter. The proposed Lot Line Adjustment changes the existing lot size and does not create a new lot.

Vice-Chair Karpf had the application before him and asked Vernon Amirault to please sign the application. He said that not having a space for the applicants to sign needs to be addressed. He then asked the secretary to verify that all fees had been paid, ads had been published in the paper and abutters notified by certified mail. The secretary confirmed. With that said, the application was deemed completed.

Ernie Temple made a motion to: accept the application for a Lot Line Adjustment for Vernon and Barbara Amirault. Bonnie Moroney seconded and the motion passed unanimously.

Bonnie Moroney made a motion to: go into Public Hearing for a Lot Line Adjustment. Frank Maturo seconded and the motion passed unanimously.

Evan declared the Public Hearing open. Arthur York of York Land Services, LLC, Berlin, N.H., represented The Amirault’s for the Lot Line Adjustment, which he said was pretty simple. Edith Tucker asked him to give the lot sizes. Mr. York said the Amirault’s were going from a lot size of approximately 34.85 acres to 25.75 acres. Richard and Lydia Sierpina, the abutters purchasing the property, were going from 6 acres to 15.08 acres.

The Vice-Chair asked if the board had any questions. There were none. He then asked if the public had any questions. There being none, he asked if anyone on the board wished to make a motion.

Ernie Temple made a motion to: approve the application for a Lot Line Adjustment, for Vernon and Barbara Amirault, 2054 Route 3 North, Twin Mountain, N.H., Map 407, Lot 011-000-001. Bonnie Moroney seconded and the motion passed unanimously.

Next on the agenda was an application for a Site Plan Review for Jean Bunton, 115 Little River Road, Twin Mountain, NH. She is looking to purchase two (2) lots on Little River Road, Map 207, Lots 51 & 51.1. Jean Bunton, represented by Phil Wyman , is looking to put in a wood processing/yard business on these lots. At this point, Evan Karpf said he would recuse himself as he is an abutter. He asked Donna Foster to chair the meeting. Mr. Karpf joined the public.

Donna Foster asked if Jean Bunton owned the property. Phil Wyman said the sale was pending the approval of the application. The secretary brought to the board’s attention a letter from Don Coburn, owner of the lots, giving Jean Bunton and/or Phil Wyman permission to represent him at the PLBD and ZBA. He also stated in the letter that the lots are under contract.

Donna said she printed out copies of the Zoning Ordinance on Residential Business (R-B). There are several businesses that are permitted and some that are permitted only by Special Exception. She stated that none of which they were looking at were even in a Special Exception. Therefore she said they would have to go before the ZBA. Phil Wyman said that they had planned on going before the ZBA last month, but a there was no quorum. So they will go to the ZBA next week for a Variance. He said he was not sure he was suppose to go for a variance or a special exception as he felt the wood yard/business might fall under light manufacturing. Donna stated that in the Rural sections this is a definite permitted use.

Phil Wyman said that he and Jean Bunton purchased a home on Little River Road last March.
At this time, he owns and operates a garden center that is a second generation business. He and Jean love the Town and would like to retire here. They thought they would like to start a small business. The lots are great because they are partially wooded and the snowmobile trail goes thru there. There are two (2) acres available in the lots but plans on using only 15,000 to 20,000 square feet. This is not a major operation. It is a nice neighborhood and he lives 2 lots down and wants to keep it nice.

Phil said this is not a major operation. He would probably produce 50 to 150 cords of wood a year. The machine produces about a cord of wood an hour, so he would have about 100 hours of operation annually. He would not operate early in the morning or late at night. He would have a small building to store the equipment and would put down stone so there would not be a mud problem. Not a lot would change on the lot. He would also keep the business in the center of the 2 acres so the business would not be visible from the road. There are full grown trees in the back that he would leave as a buffer and would plan to put more trees in the front as a buffer if the board would like.

Donna Foster asked if the 30’ by 80’ building would be temporary or permanent. It will be a temporary building. They will be no water or electricity needed. He lives right down the street and walk home if he needs anything. She asked if during the week he would run the machinery a few hours. He said this would be a small amount of time, less than 6 hours a week. The busy time would be March, April and May. They would bring in the log length wood from local suppliers and stock pile it in the back. There would be approximately 6 to 8 tractor trailers all year long. He would deliver the cords of wood himself to his customers. At any time there could be possibly 10 cords of wood on the property.

Ernie Temple asked if the tractor trailers had enough room to maneuver. Phil said he believes that there is enough space.

Frank Maturo asked Donna Foster to open the meeting to the public. Bonnie Moroney made a motion to: open the meeting to the public. Frank Maturo seconded and the motion passed unanimously.
Lee Halquist asked if they would be using chainsaws. Phil said probably not, but his machine that does the work would make the noise of two chainsaws. Lee asked Phil where Funtown was on his map. Lee said that there was a large subdivision there (Seymorians) and even though there were no homes yet, there would be. He wanted to know if he had checked out the town property up by the Landfill. Phil said he had not. Lee went on to say that there are motels, business and residences in the area. His customers travel for hours to come here for the piece and quiet. Phil said this would be an 8 to 4 operation or 9 to 2, only a few hours a week with no weekends. Lee went on to say he did not know why he picked this spot. Phil said he picked it this area because it is where he lives. Lee said that he was use to that noise but his neighbors were not. Phil countered with the noise of the tractor trailers on Route 3 would make more noise than his business and they run all day and night.

Donna Foster wanted it known that this is not a Public Hearing. They only voted to open the discussion to the public.

Evan Karpf said he is an abutter. He said that he believes he will have to go to the ZBA for a variance because it is subject to noise and smells because of the diesel. He also wanted to know if Little River Road could handle the weight of the tractor trailers and the impact on the roads for maintaining the roads as they are expensive to maintain. He said he is pro business and this type of business belongs in the Industrial Area. He feels that this business would be a benefit to the town as they have land that is designated for this type of business. He said that maybe the town could give him some kind of incentive to go there. But he wanted him to know that he is not speaking for the town. He said he wanted to let Phil know what he planned on doing. Just so he would know. They are looking to make a little shopping village and he does not feel that the noise would be conducive to that.

Harold Garneau said that he thought that the months that Mr. Wyman felt would be the busiest for the wood processing, March, April and May, would also be at a time that there would be a ban on the road for not more than six tons. He said he had discussed his sentiments with Evan Karpf also. He said this could start as a small business and then it could grow. He feels then the town could be in trouble, he just does not feel this is the place for that business.

At this point Donna Foster read a letter from Jim and Lisa Covey asking the board to reject the application for the wood business even though they are not abutters. The hard copy will be attached to the minutes in the office.

Donna said that she knows they are going to the ZBA next week for a Variance. Erik Bergum asked if the ZBA did not accept the application, would they look elsewhere in town to put this business. Mr. Wyman said that this property they were looking at was close to their home, it was the least expensive of the properties they had looked at and it just seemed to be the best fit. Mr. Wyman said he wants to work with the town, he wants to live here and he only wants a part time job. He said he is not the person that the letter describes! That is not him. He may look elsewhere in town.

Donna said she does not believe the board can vote on the application until they see if the ZBA accepts the application for a Variance. Then the PLBD will look at the Site Plan.
Evan Karpf returned to the board and asked if there was any other business. There being none, Evan Karpf made a motion to: adjourn the meeting. Donna Foster seconded and the motion passed unanimously.