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Minutes of 5/4/2023

May 11th, 2023

May 4, 2023
7:00 PM
“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 RSA 91-A:2.”
Planning Board Members Present: Chairman Alex Foti, Vice Chair Austin Alvarez, Tom Godfrey, Don Jones, Select Board Representative(SB Rep) Jules Marquis and Rena Vecchio
Public Present: Ted Maher, Dave Riley, Steve Lafrance, Thomas Parks, Roger Gagney, Mike & Dianne Hogan, Dave Scalley, Nicole Nutting, Wayne & Geri Garneau, George Brodeur, Carol Alvrez, Terry Penner, Chris Ellms, Cathy Conway, Atty Andy Sullivan, Syed N and Evan Karpf
Pledge of Allegiance
Minutes by Rena Vecchio
The Chair opened the meeting at 7:01.
The Chair asked if everyone had read the minutes of April 6, 2023. Austin Alvarez made a motion to accept the minutes of April 6, 2023 as written. Don Jones seconded and the motion passed with 5 Ayes and 1 abstention (SB Rep Marquis was not present at that meeting).
The first applicant was before the board for a Site Plan Review. Ted Maher, 485 Rte, 3 North, Map 205-031 was looking to remove the existing roof and to add a one story with 2 apartments. The 2 new apartments would be the exact layout as the units below. With that addition there would be 2, 2 bedroom apartments, 1, 1 bedroom apartment and 1 studio.
Chairman Foti read the Submission Requirement and everything was included.
Austin Alvarez made a motion that the Site Plan Application for 483 Rt 3 N, Map 205 Lot 031, was complete. Don Jones seconded and the motion passed with 5 ayes and SB Rep Marquis abstained.
PLBD asked:
1. Austin-Parking-Ted Maher said there were nine parking spaces although he only has to have seven.
2. Rena-Height- Ted said under what we require about 32’.
Mike Hogan wanted the board to know that they should be careful that the water supply was being addressed.
Don Jones made a motion to approve the Site Plan for 483 Rt. 3 N, Map 205 Lot 031. Tom Godfrey seconded and the motion passed with 5 ayes with Jules Marquis abstaining.
The second Site Plan for Ted Maher, 394 Rte 3 N, Map 205-044, was to take a single family home and convert it into a 2 family dwelling. Chairmen Foti said he was mistaken last month when he said that a 2 family residence would need a Site Plan. The ordinance stated that it would not need the Site Plan for a 2 family residence. Anything above that would.
Site Plan and Subdivision/Echo Lake LLC Phase ll
Cathy Conway, Horizons Engineering, was explaining the Site Plan and Subdivision for Echo Lake LLC, Map 203 Lot 053. Cathy went on to read thru the Submission Requirements for a Site Plan and the Preliminary Layout for the Subdivision. The only things not in yet were the State Permits and the letters from Fire Chief Jeff Duncan and Road Agent Greg Hogan.
Cathy went over issues:
1. The units will be 2 story not 1. There will be 18, 2 family units.
2. The property owner, Syed, is ok having Solar Spring Drive or Solar Spring Circle and getting rid of Geodessy Way as the Fire Chief suggested. Also he has no problem eliminating the Phase l and Phase ll from the name of the development if that is easier for you.
3. The road width has been revised and meets the requirements for traffic volume.
4. We will be requesting a waiver for the curve radius for the rod, both the Road Agent and Fire Chief have indicated they are ok with this.
5. We understand a water impact study will be required.
6. We will be looking for some shared driveways answering Chief Duncan’s concern.
Don Jones made a motion to accept the Site Plan and Subdivision Applications for Map 203 Lot 053, Rt 3, as complete. Rena Vecchio seconded and the motion passed with 5 ayes and SB Rep Marquis abstained.
Don Jones asked who they targeting for these homes. Syed said they were targeting retiree’s primarily. The homes will have handicap access in one of the homes, the attached home will not. When sold, there will be a 2 family home sold. His intention is to sell them not rent. He will not rent them if it can be helped. He said if he sells a 2 unit, he cannot help it if they rent.
Alex opens the hearing to the public.
Evan Karpf asks;
1. He owns airport, can he be assured that there will be no damage to the runway or culverts-Cathy says they have sized all the culverts for a 50 year storm-Cathy said they cannot assure him that a freak storm could happen, but they have prepared for a 50 year storm and the state only asks for a 25 year.
2. Asking for signage-doesn’t want people walking up to runway-asking for signs on each lot and for them to be 2 sided -The answer-Yes
Thomas Parks asks:
1. Signage also-says people can walk thru his property to the runway too
2. Are the setbacks being met?- Yes How about a privacy fence for lot 12?- Yes and it will be 6’ which is what the ordinances say-Is there a timeline? This is Phase ll it will take time
Cathy said there will be No Trespassing double sided signs from Lots 7-12 and a privacy fence for Lot 12.
Mike Hogan asks:
1. Said he is afraid that someone will come in and buy 5 units and then Airbnb them. Chairman Foti said that cannot be dealt with by the PLBD.
2. Is it going to be a private road-yes
Wayne Garneau asked if the homes were going to be built or could people buy the lots and build what they want.- No they will buy built homes.
There being no more questions, Chairman Foti said that this is a large project and complex. He would like the board to take their time and go over this application carefully.
Austin Alvarez recused himself and stood facing the PLBD. He was speaking for the BWPOA (Bretton Woods Property Owners Assn). This was his 3rd or 4th time before the PLBD talking about the home owner’s new home for their trash and recyclables working in conjunction with Omni Resorts.
Terry Penner was representing the home owner’s, Chris Ellms was representing Omni and Roger Gagney is representing Mount Washington Place.
The PLBD asked the BWPOA to go to the Zoning Board. They did and the ZBA said that this was an approved use for their zone R2 on March 9, 2023.
Austin said they have been in touch with DES several times. What they are now doing is relocating from Lot 19 to Lot 20 of the Omni property. It was the DES that said the trash facility was in an undesirable place and that is why they are here. They have looked at two places for the relocation but the Omni site was preferable (Lot 20), right off Rt 302. The Fire Chief wanted the road to be named for 911 and it was decided on Bretton Woods Service Rd. The use will be under a 1/4 of an acre. They will only be open for property owners and other properties in Bretton Woods that would pay if they want to use the facility. This is a private trash and recyclable facility. There will be a person on site when open. They plan to be open on days that the Twin Mountain site is closed. Right now it is planned that will be open Friday, Saturday, Sunday and possibly Monday. They will be open five hours a day.
The Chair said they were at the point to accept the application or not. Don Jones made a motion to accept the application for BWPOA Trash Facility on Lot 20 off of Rt 302 E, on Omni property as complete. Rena Vecchio seconded and the motion passed with 5 ayes and SB Rep. Marquis abstained.
Austin said they ready for Phase ll now and are looking for approval from the Town. All material concerning this application will be attached to the hard copy in the Town office. On October 1st they would like to make the move to Lot 20.
Steve Lafrance went thru the plans and the circular drive. There will be two compacters that will be fenced in. There will be a place for the attendant, lights and a gate. The place will be 30x30. There will be a tree line for privacy and a burm in the back. The area will be paved
Evan Karpf asked:
• Only trash/recyclables—yes no vehicles or like, only trash and recyclables-single stream
• Signage –yes for people using facility
Daniel Farrell sent an email asking questions:
• How far off Rt 302 will the platform for the containers be—110’
• Will the facility be staffed when open—Yes
• Key card not working before resulting in trash being left outside, what are plans for entry—an id of some type also an attendant
• What hours will Casella trucking be removing containers—before the facility is open
• Will the facility be open/fully exposed to neighboring properties—no it will be screened by trees
• Is there a plan for video—Yes
• Street signage—yes
Don Jones made a motion to approve the Site Plan application for the Bretton Woods Property Owners Assn. Trash Facility on Lot 20 of the Omni property off of Rt 302 E. Tom Godfrey seconded and the motion passed with 5 ayes and with SB Rep Marquis abstaining.
Rehab (Detox) Facilities
Fire Chief Duncan had brought before the board what they have been dealing with surrounding towns that have Rehab (Detox) Facilities. He felt that the town should be prepared in case there was an application for one here. The Chair said a lot of the problems were lack of sufficient staff. There are no regulations yet on this and we would need to put a warrant in for 2024 vote.
Land Use Secretary
Chair Foti asked Selectman’s Rep Marquis if there were any applications for the position. At this time there were no applicants.
Chairman Foti said what started this was a call from the Chamber of Commerce asking if he knew there was a new distribution business at the old fire station. He did not know. He took a ride by and saw the Red Bull trucks being loaded. He went to Heather (SB administrator) and Crystal (PLBD administrator) and asked them to approach the selectmen to intervene on this. Normally he would have gone to Dave Scalley as he is the Code Enforcer but he is the one that owns that building. There has been no Site Plan application or application for a Variance. It would be a hard argument that this was not a change of use for that building. The Site Plan would also check for life safety and traffic pattern. Another issue is that a distribution business is not allowed in the R-B zone.
Chairman Foti read:
I just received a notice public hearing regarding the May 15th hearing for Scalley Rt 3 104 LLC and I need to clarify a few things
1. This hearing notice names me and Aaron Foti as requestors. It makes it seem like this is a personal request, which is now fueling this idea of a “witch hunt” that is being put forth by Dave Scalley, Building Inspector and First and foremost, I don’t recall personally making any requests. What I did say, as Chairman of the PLBD, is that I needed the SB to intervene since normally would be asking the Building Inspector to intervene but in this case, it wasn’t an option, but I need to stress, this is a request made as Chairman of the Planning Board, and elected official of this Town.
Here are some key facts:
• The business as I understand it is operating a Warehouse for Storage and Distribution in zone R-B. Per page 13 of the Zoning Ordinance, this is Not an allowed use in this zone, and therefore it is in violation of the Zoning Ordinance, unless and until a Variance is granted by the Zoning Board of Adjustment (ZBA).
• Furthermore, the building previously operated a public office (fire station). Per section 802 of the Zoning Ordinance Article lV of the Site Plan Regulations of this Town, a Change of Use permit via Site Plan Review is required to change its use to a Distribution Center and there has been no site plan review. I cannot fathom anybody buying an argument that a fire station is equivalent to a Red Bull distribution center, and either way, that would be for the PLBD to decide, not any individual citizen.
• As Chairman of the PLBD, and not as a private citizen, I made a request to the Select board to intervene on the basis of Section 801 of the Zoning Ordinance, , which states that “it shall be the duty of the Board of Selectman to enforce and administer the provisions of the Ordinance.” My duty was to inform you as the enforcement body, of a violation that I could not report to the Code Enforcement Officer due to the obvious conflict of interest. It is further noted that this duty is also capture by RSA 676: 15-18.
In the past, Cease and Desist orders were handled quickly and expeditiously by Dave Scalley himself upon receiving a report. While you as a board may choose to deviate from how things have been done, and I am all in favor of due process even in the face of such an obvious violation of our Ordinance and Site Plan Regulations. I do need to request that it be made clear that this is no a request fueled by any personal animosity, but simply a standard request made as a Land Use Officer to the enforcement body of this town, which in this case fails upon the Selectboard enforcing the Zoning Ordinance as it is by statue required to do.

2. I also need to point out that I will be out of town on that day, but do not feel in any way that my presence as needed, as this is squarely a matter of the Selectboard enforcing the Zoning Ordinance as it is by statue required to do so.
We are all here to serve this Town; lets not make things personal, and lets not demonize those who are trying to make sure that rules are applied fairly and transparently to all residents. That’s not only my job –it is yours too. It is what we all were elected to do. I hope the Selectmen can understand that and take responsibility for its duties, and not try to give the appearance that they are doing this because of a private citizen’ request for action against another private citizen. This request should be coming first and foremost from the Selectboard, and not fall squarely on my shoulders.
Rena Vecchio said that she agreed with the Chairmen and feels he should have been asked if that date was something he could make. I think it is very important for you to be there. I am asking the Selectboard to please cancel this meeting and talk to you about a date you can make. Rena said she thinks he was doing his job. I do not believe this is a witch hunt. And I do not know any other thing you could have done.
There was a tour of the Red Bull distribution center on April 19th by the 3 Selectmen, Dave Scalley and Mike Hogan. Those minutes will be attached to the hard copy of the PLBD minutes in the office.
Evan Karpf spoke on the times he received Cease and Desists also and he said he had no recourse on whether to obey or not.

How To Make Town More Business Friendly
Chairman Foti said we need to start with the application forms that are horrendous. The Site Plan application is very hard and complicated. When the PLBD asked then SB Rep Brian Mycko why we had to go by these applications he said the lawyers felt we should so we wouldn’t get sued. The Chair that didn’t make sense as we get sued anyway.
Chairman Foti said that we need to figure out what the key things are that need to be done and take a hard look at what doesn’t need to be permitted. So that would mean to start now working with the Select Board. If we want to change the Ordinances, we need to go for a town vote. He said he would like to speak to applicants after coming before the board to see what made us harder to work with then say Littleton. We have homes and motels that need face lifts. How do we make that easier for them?
Rena Vecchio said that she disagreed with him a little. Our applications come right from the NH Office of Strategic Initiatives (OSI). There were parts of that application that was never used or looked at and didn’t not have the applicant fill out. When Beech Hill Campground was being sued by an abutter our lawyer sat with us for every meeting. When we bypassed some of the application she told us that we needed to do all of the application to protect our town and to protect the applicant.
And just because other towns did not do that did not make them right either Rena said. Take a look at other towns and what you see when you drive into them. We do not have that because we have ordinances.
Evan Karpf said we need to go over all of those check lists to protect the quality of this town, It depends what you want.
Mike Hogan said the Ordinances may need tweaking but what we have protects all of us. And he said he agrees about the other towns around and what you see when driving in.
Rena said that this board needs a secretary. Desperately!
Rena Vecchio said that someone asked her if they needed a site plan for a rotating solar panel. The answer was yes.
Austin Alvarez made a motion to adjourn. Don Jones seconded and the motion passed. The meeting ended at 9:25.

5/4/2023 Planning Board Meeting Minutes Docs