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Minutes of 01/05/2006
January 5th, 2006
CARROLL PLANNING BOARD
MEETING MINUTES
JANUARY 5, 2006
Minutes taken by Marcia Rouillard, Planning Board Secretary.
Members of the Board Present: Jon Birknes (Chairman), Bill Wright, Charlie Cohn,
Connie Oliver, John Sweeney
Members of the Public Present: Doug Bews, Jeff Duncan, Edith Tucker, Laila Fekay,
Bob Drummond
Meeting called to order at 7:00 PM
The Board reviewed Minutes of December 8, 2005 only as the Minutes for December 1, 2005 were not completed. After reviewing the Minutes of December 8, Chairman Birknes asked to make a motion to accept. Charlie Cohn make the motion to accept and
Connie Oliver seconded. All in favor the Minutes were accepted.
The Board met with Laila Fekay to discuss the possibility of changing 10 units at the Naturally New Hampshire Healthfully Yours Resort, Inc. into condominiums. Laila asked if the 1 acre minimum would still be required as the building is already there. Chairman Birknes could not answer that. Chairman Birknes said according to the Zoning Regulations she would have to: 1 …amp;quot; file an application for subdivision for putting in condos, and 2 …amp;quot; that her attorney would have to be contacted to prepare a number of documents for the registry. She would also need a plan which requires a Site Plan Review to make sure of parking etc. If her attorney should have any questions he con contact Chairman Birknes, but the applications need to be filed first. The Board would review the application and if approved a Public Hearing would be held the next month. Laila got the Town’s attorney name and number and will have her attorney contact him.
The Board met with Bob Drummond for Lot Line Adjustment for his property on Little River Road. He wants to make lot 7.411 2 acres and leave the house with 1.01 acres, not changing the road frontage. The Board reviewed the drawing. Chairman Birknes asked if anyone had nay questions. No one had questions but Chairman Birknes did mention that he engineer needs to put a box on bottom of plans for signatures. John Sweeney made motion to accept the plans as submitted, Charlie Cohn seconded. All in favor the plans were accepted.
The Board meet with Jeff Duncan to discuss the approval for Dartmouth Ridge 3 Subdivision. Chairman Birknes did say that is was recently approved and he thought that only 1 lot had been sold so far. Jeff said he would need the plans for the name changes of the development. Chairman Birknes asked that the Secretary call Dick McGinnis at Bretton Woods Real Estate and have them sent to us. We should have the maps with the name on them and a copy sent to Jeff Duncan and be put on the agenda for the next Planning Board Meeting. Jeff said they need the approval for the 911 numbers. Jeff thought the Board should have a copy as they accepted the plans. John Sweeney thought he had a copy of the map and names but Chairman Birknes would like them sent to us anyway.
Chairman Birknes said there were a couple of items to be discussed on the Aquifer Ordinance as proposed to be amended and also a couple of suggestions by Bernie Waugh. What we voted under section 1004 “Aquifer Protection District” we now have the proper name describing the boundaries. The second sentence starts …amp;quot; The boundaries of the Aquifer Protection history shall be the contact of sand and/or gravel deposits with other geologic deposits or boundary conditions within the subsurface, initially mapped as the boundary of the stratified-drift aquifer on Carroll Drinking Water Resources Map. The proper name to go in there now is “Drinking Water Resources and Potential Contamination Sources for the Town of Carroll”, prepared by the NH Department of Environmental Services on October 21, 2004.” The most important aspect of this is the map and boundaries of the district which should be available to the voters at the hearing and on the day of voting. We do not have the map here so Chairman Birknes said his description may have to change some. Evan Karpf who could not be here has the map and it will be present at the Public Hearing. The Town Counsel said that one problem is that it’s unclear how the performance standards in section 1006 are supposed to be enforced. In those cases where there are no permits required, for example 1006.2 says, “Stormwater management plants shall demonstrate………and those that don’t require Planning Board Review, it’s very unclear who is supposed to be reviewing these management plans.
Chairman Birknes recommends adding a sentence in paragraph 2 of 1013 as follows:
“For uses not requiring Planning Board approval, compliance performance standards shall be enforced by the Building Inspector.”
Another thing mentioned was the inconsistency between numbering and lettering. We talked about performance standards and now have all numbers. These changes were made and given to Sue Kraabel and were the ones posted. Edith Tucker asked why the second notice was not posted. Chairman Birknes explained that the one on the bulletin board is actually the ordinance itself. Instead of printing the whole text in the newspaper we give a summarized notice that the Town Counsel prepares. Those who want to know more about it can come in and read it. The only other change to be made is removing the c from the spelling of aquifer in section 1004. I am asking for a vote for these changes for the hearing on January 17, 2006. At the hearing, assuming we vote as such, this will be it; no more changes can be made. We know that from a couple of deliberating sessions when the moderator allowed some amendments. You cannot amend something that has gone through public hearing and presented as an article for the Zoning Ordinance.
Bill Wright says if you don’t have a crowd that understands the ordinance it won’t pass. The average person does not understand. The problem with aquifer has not reached up here yet. Chairman Birknes says if we don’t start to protect now we will have problems. This ordinance does not affect existing residence. It concerns commercial development. Chairman Birknes read an article with several towns that have a water protection plan.
As suggested by the Chairman, Charlie Cohn made a motion to approve the amendments as requested by the Chairman. Connie Oliver seconded. All in favor the motions carries.
Doug Bews said he became aware of the Aquifer Protection Ordinance about one month ago. Having worked with many corporations, a study reflects the desire for those paying for the studies not necessarily one that is honest. What bothers me, you as a Planning Board, got a model ordinance from the state and it scares me that you would just think because it sounds great you use it not looking at what course and effect it would have on the community. Charlie Cohn asked Mr. Bews what he had against this ordinance. Mr. Bews says we have no maps. Mr. Cohn disagreed and said we do. Before it went any further Chairman Birknes told Mr. Bews that this was a public meeting not a public hearing. You can come her on January 17, and voice you opinion. Mr. Bews feels he is a victim of these definitions. For example, snow dump. Because I have classified drinking water here I can’t pile my snow here, I have to haul it off? You don’t even understand the ordinance yet you’re trying to get it passed. Chairman Birknes again reminded Mr. Bews that he could come back January 17 and voice his opinion. Mr. Cohn told Mr. Bews he was against everything we try to do for this town. Chairman Birknes asked Mr. Bews if that was all he had to say he could come back January 17. Mr. Bews told Chairman Birknes that he was a public servant and accountable to him at all times.
Doug Bews asked to move on to his next topic which was an affidavit he sent in about 2 months ago. Chairman Birknes asked Mr. Bews if he was on the agenda which he said he was not. Chairman Birknes said in that case we would move onto the next topic on the agenda which was the Airport. As the board remembers we had a proposal Zoning Ordinance for the private airport on Route 3. The ordinance was presented to us along with the instruction that if we didn’t do something the state would. You have a private airport with public access and therefore there has to be some sort of ordinance to govern it. We have what was given us and we have the option form Town Counsel. On the Airport approach zone, the Zoning Ordinance amendment there was a couple of corrections. There is no section number on this proposal so it would make sense to put it at the end of roman numeral III since that is the article which defines this specific zone. Next there is no definition of abbreviation. Example MSL (Mean Sea Level). There is no map of area and would like to see one at Public Hearing. Bill Wright asked if they would be reimbursed for this and Chairman Birknes thought probably not. There seems to be a contradiction in the language of the ordinance and points out the width is 250’ not 60’ wide. Chairman Birknes asked that motion be made to accept Airport Ordinance with the correction to MSL and 250’ wide not 60”. Mr. Bews said the airport to him is not public. There are No Trespassing signs as you drive up. Chairman Birknes says it is for public use …amp;quot; flying in and flying out. Chairman Birknes asked for a motion to accept the changes on the airport. John Sweeney made a motion to accept the changes to the airport zoning ordinance. Charley Cohn seconded the motion. All in favor the motion carries.
Doug Bews sent in an affidavit a couple of months ago and asked about some activity at Bumper to Bumper. He has a car repair and towing and for the past few years an excavating business. Mr. Bews says that he has a letter from the Planning Board saying that no Site Plan Review was necessary. Chairman Birknes asked how the Planning Board was involved. Mr. Bews said he had a letter from the Planning Board stating that you would give him an answer. Chairman Birknes asked to see the letter but Mr. Bews did not have it with him. Chairman Birknes says that any correspondence is sent through the Chairman and which the Chairman signs and he has no recollection of signing one. Mr. Bews will find and bring in. Chairman Birknes did say that Mr. Ouellette did come in and asked if there was a problem with his operation, which he did not have. He told Mr. Ouellette to see Stan Borkowski, The Code Enforcement Officer as the Board has nothing to say on the matter. Mr. Bews says that his activity is similar to what he had and he was sued. The conversation got heated and Mr. Bews left.
Jeff Duncan questioned the date of the Public Hearing. He mentioned that the Budget Committee was also holding their meeting on the 17th to discuss warrant articles and wanted to know if that is what the Planning Board was also doing. Chairman Birknes said no, that the Planning Board was meeting for The Public Hearing on Zoning Amendments. Jeff asked if the day should be changed. Chairman Birknes said we have no choice as to the date. The 17th is the last day we could do this. The question was asked if maybe the time could be moved by half an hour.
Charlie Cohn made motion to adjourn the meeting. John Sweeney seconded. All in favor the meeting was adjourned at 8:29 PM