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05-19-2011 PLBD Minutes

May 24th, 2011

Carroll Planning Board
Meeting Minutes
May 19, 2011


“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: Vice-Chair Evan Karpf, Frank Maturo, Donna Foster, Bill Dowling, Erik Bergum, Ernie Temple

Member of the Public present: Linda Dowling (filming), Jay Ouellette, Steve and Joan Sweeney, Jim Murn, Ted Kupper, (new owners of the KOA Campground)

Minutes taken by Rena Vecchio, Secretary

Pledge of Allegiance

Vice-Chair Evan Karpf declared a quorum and called the meeting to order at 7:01 pm. First on the agenda was correspondence:
• NH Land Surveyors Association: a revised letter from the original letter sent August 15, 2008-basically reiterating the law that only Licensed Land Surveyors, the Superior and Supreme Courts of N. H. can determine boundary lines. (a hard copy will be attached to the minutes in the office)

Next was the approval of the minutes of April 7, 2011. The corrections were:
1. To remove Bonnie Moroney as a PLBD member and to add to the board members present; Ernie Temple and Bill Dowling.
2. To correct the spelling of “Provan & Lorbor” to Provan & Lorber.
3. Third page, 8th bullet on conditions, to change the spelling of “lenth” to length.

Ernie Temple made a motion to: accept the minutes with the corrections. Bill Dowling seconded and the motion passed unanimously.

Steve and Joan Sweeney were in front of the board for a consultation on a Boundary Line Adjustment for their two properties, Map 201, Lots 011 and 012. Vice-Chair Karpf said that nothing is binding until the board has the actual hearing.

Ted Kupper and Jim Murn were in representing Provan and Lorber. Ted Kupper is the Vice President of Provan & Lorber. Jim Murn is a Certified, Licensed Wetlands Scientist, a Landscaping Engineer and a Septic Designer that works for Provan & Lorber. Jim primarily handles things for the Town of Carroll. They are here to clarify the position of the contract with the town, go over fees that they charge and answer any questions the board may have.
May 19, 2011 PLBD Page 2

In the past 3 or 4 years, Provan & Lorber have done 10 jobs for the town. The fee that is quoted to the town for a basic job is approximately $3000.00. But this fee is based on time and expenses. An example of fees that were charged were read:

• Dartmouth Ridge $3521.00
• Mount Pleasant Homes $3295.00
• Crawford Brook $3000.00
• Mosedale Subdivision $2373.00
• Elsworthy Subdivision $1250.00

Ted said the average cost of the jobs that have been done is $1678.00. It all depends on the complexity of the job.

Bill Dowling wanted to know who signed the contract with Provan & Lorber. Ted Kupper said he believed it was John Birknes. Bill then asked if there was a copy in the office. The secretary was asked and she said she had asked both Maryclare Quigley and Sue Kraabel if they knew of any contract and they said no. Ted was then asked to please supply the office with a copy of the contract. Erik Bergum stated that if the contract was so old that no one remembers, it is probably time for a new contract. Donna Foster said she when she was reviewing the old minutes she only saw one contract referenced and it was only with Bretton Woods projects.

Ted Kupper wanted to know if the PLBD was looking into a new contract. Evan Karpf said he was not sure what they were doing as it is a board decision. He has never had a problem working with Provan & Lorber or with Jim Murn. In fact he has always found Jim to be very helpful. Evan said there are 3 basic things the board wants:
• They want engineers that are familiar with the Town’s Regulations
• They want the engineers to be fair and objective.
• They want the engineers to be cost effective to the applicants.
They have never had a problem with any of the above when working with Provan & Lorber.

The secretary was recognized by the Acting Chair. She told Ted Kupper that she wanted him and Jim Murn to know that she was in the center of the controversy last month. She said that the incident was strictly a misunderstanding due to an email and that there was no issue with her and Provan & Lorber. This was a misunderstanding and not an engineering company issue.

Jay Ouellette and Louis Dubois were next on the agenda for a Boundary Line Adjustment. The Adjustment is for Jay Ouellette, Bumper to Bumper, 273 Rte. 115, Twin Mountain, NH, Map 202, Lot 001-000-002. Vice- Chair Karpf asked the secretary if the ad had been placed, abutters notified and all fees paid. The secretary confirmed. The application also looked in order.

Jay started by saying that this is an adjustment of no gain and no loose. It is a swapping of 9 feet in the front for 9 feet in the back. Louis Dubois and Jay have been friends for 44 years. Jay had paved 9 feet in the front on Mr. Dubois’ property and it had stayed that way for years. They

May 19, 2011 PLBD Minutes Page 3

have decided to legalize this finally. The basic idea of this Boundary Line Adjustment is to swap the 9 feet in the front from Mr. Dubois to Jay Ouellette for 9 feet in the back from Jay Ouellette to Mr. Dubois. This is basically an exchange of 9 feet.

Evan Karpf asked if Jay would please sign the application. He also asked if Jay had a letter stating he could speak for Louis Dubois. Jay said he had a copy of the Power of Attorney for Mr. Dubois with him and would give a copy to the PLBD.

Vice-Chair Karpf asked if the board had any questions. There were none. He then asked the public if they had any question. There being none, he said he would entertain a motion to accept.
Donna Foster made a motion to: accept the Boundary Line Adjustment for Jay Ouellette, 273 Route 115, Twin Mountain, NH, Map 202, Lot 001-000-002, as proposed with a copy of the letter for Power of Attorney. Ernie Temple seconded and the motion passed unanimously.

Vice-Chair Karpf asked, under old business, if Andy Nadeau had ever brought in the new addresses to send to the two abutters of the Subdivision that was done in March. The secretary said she has not received anything but would contact him again. Evan said he wants this address so the board can put it behind them. He said to let Andy know that if this is not addressed, the board has the right to rescind their decision.

Evan said that he just wanted to reiterate that the board cannot make decision thru email no matter what. Every decision that is made will be done in public. This had to do with last month’s fiasco with the engineers and an email.

Evan said the last item he wanted to discuss had to do with the PLBD meetings being held on the first Thursday of every month. He said the board had decided to vote on that a few years ago and to stick to that unless there were extreme circumstances. This month the board held the meeting two weeks later to accommodate an applicant that told the secretary he needed to get this application in and accepted, as there were medical issues involved. Later the applicant had seen the Vice-Chair and told him “he was in no rush, he could have waited.” Bill Dowling said he agreed with Evan. He felt the board should stick to the first Thursday of the month, this is not an emergency service and the board members have to make plans too. Erik Bergum agreed. He said most of these decisions are not life or death decisions. Donna Foster said as long as the board is not going to be hardnosed about it, she would agree. The secretary asked if the board wanted her just to say what is the timing of the meetings and not to refer back to the board to see if they wanted to change the dates or not. Evan said he was going to write up a protocol for the public to read. The public needs to understand there is a policy. The board wants to stick to that. Erik Bergum said if there is an emergency the board can deal with that at the time. Bu he does not want to cause any hardship.

Vice-Chair Evan Karpf made a motion to: hold Planning Board meetings, unless the board feels there are extenuating circumstances, according to policy and regulations, on the first Thursday of every month. Bill Dowling seconded and the motion passed unanimously.

May 19, 2011 PLBD Minutes Page 4

Frank Maturo asked the board if we were covered for someone who could park a truck and open a hot dog stand. He said he saw where some towns were having trouble with that. Evan said he felt was pretty sure the town was covered. Evan thanked Frank for bringing that to board’s attention though.

Erik Bergum made a motion to: adjourn the meeting. Bill Dowling seconded and the motion passed unanimously. The meeting ended at 7:50.