Planning Board Minutes

Minutes 11/2/2023

November 9th, 2023

Town of Carroll Planning Board
Meeting Minutes
November 2, 2023
5:00PM
“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: Chairperson Alex Foti, Vice Chair Austin Alvarez, Rena Vecchio, Tom Godfrey, Don Jones
Public Present-Cathy Conway (Horizons Engineering), Paula Murphy, John Greer, Chris Ellms (Omni Mt. Washington General Manager), Tom Hildreth (Counsel Omni Mt. Washington), David Scalley (arrives 535pm) Kevin Leonard (North Point Engineering-arrives at 545p)
Minutes Taken By: Corinne Ripa
Item 1: The meeting was called to order by Chairperson Foti at 5:02PM
Item 2: Pledge of Allegiance
Item 3: Attendance taken; Quorum met
Item 4: Approval of October 5, 2023 Minutes
Alex says the minutes appear to be clear and well done. Austin makes a motion to approve the minutes. Alex asks if there is any discussion and Rena would like to discuss. Rena states on approval of the Sept 7 minutes, she seconds the motion, but it did not clarify that she voted as an aye. If someone makes a motion or seconds a motion it does not automatically mean they are a yes vote. That should be clarified in the minutes. Also, on the 2nd page, 1st paragraph, Don Jones seconds a motion and it is not stated whether his vote was aye or nay. They both did vote aye in these particular instances, but Corinne will fix this in the Sept 7 minutes and clarify in future meeting minutes.
The board votes on the minutes with the changes above. All members vote aye, except for Don Jones, who abstains, as he had to leave the September meeting about an hour early.
John Greer makes a comment about voting. He states he recently took a course in Concord and NH Municipal Association stated that sometimes it is better to recuse yourself from a vote rather than abstaining. A member of any board can take that into consideration for future votes.
Alex states that Kevin Leonard will be in attendance this evening but is coming from Portsmouth NH and will not be arriving until about 5:45pm. Being a hired third-party reviewer for the Echo Lake Subdivision, Alex would like to make a motion to flip items on the agenda so that he can be part of the discussion of this continued application. He would like to do Item 6 (Omni Mt. Washington) and Item 7 (appt of alternate PB member) before Item 5 (Echo Lake Phase II). Austin seconds this motion. All members vote aye unanimously. With that said, the Planning Board will start with the extension request for the Site Plan application on a temporary building for the Alpine Club.


Item 6: Omni Mt. Washington-Variance Extension
Alex states that he loves the Alpine Club and he is a member of it and feels he should recuse himself from this Agenda Item. Austin takes over this part of the meeting. He explains that the site plan application was approved for a 5 year extension for the Alpine Club dated Nov 11, 2018 (located at 95 Ski Area Rd, Bretton Woods, NH Map 211-014-001-000) with the condition that you come before the Planning Board in 5 years for a permanent building on or before Nov 1, 2023.
Attorney Tom Hildreth steps forward and introduces himself as side council to the Omni Mt. Washington. He introduces Chris Ellms as the general manager of the Omni Mt. Washington. He passes out an overhead picture of the Sprung Building/Alpine Club.
He explains that the building goes back to 2007 when it was initially approved for 3yrs. It was extended for 3 more years in 2010. In 2013, it was extended 5 yrs to 2018 and in 2018 it was extended 5 more years to 2023. They were hoping that this year, they would be coming forward with a proposal for a permanent replacement building. That has not happened, so they are here tonight asking for another 5 yr extension to 2028.
When the previous owner and management came in 2007, they had plans to change this within a few years and just wanted to get something in as “temporary.” Ownership soon changed and with economic ups and downs, this project continued to be pushed off and here we are today. Upon reviewing the meeting minutes from 2007, it was treated as a standard site plan review, even though it was only a temporary plan. All of the elements were included-traffic, parking, lighting, snow storage, intersections widened, making sure the building was ADA compliant, etc.
Last year, we came before the board with an architect and land planner and we talked about fancy plans for the Alpine Club and that the current owner recently did 60 million dollar phase 1 improvements to various other buildings and parts of the property. He definitely has on his agenda, to replace this building with something else. It has just not happened in the time frame that they had hoped. At this point, we would like to request another 5yr extension to the temporary Sprung Building/Alpine Club.
These buildings have a 25yr minimum guaranteed life on their shell/membrane and a 50yr warranty on the aluminum ribs of the structure. We estimate that it could go easily 40yrs without a lot of issues. Adding another 5yrs to the temporary plan brings it to 21yrs total, which still gives the building a lot of life years left. We do hope that we can get in here by then with plans for something nicer and permanent. In lieu of giving you anything more definitive than that, that is our request and our hope, that we can get another 5yrs .
Austin asks if they have a report from the engineers on the condition of the structure. Tom presents a report from Horizons Engineering. They came in recently to inspect the safety of the structure. The report is passed out. It effectively states that the building is safe and suitable for occupancy for another 5yrs. Austin also inquires if Fire Chief Jeff Duncan has been there for his inspection. Chris Ellms says he has not, that he thinks he was waiting for the engineering report before he went out to inspect.
Discussions ensue about the materials that make up the structure and the company who manufactures it. Also, Chris Ellms has a short discussion on the different locations and ideas about a permanent structure. He states ideas are active and he does think this will happen sooner rather than later, but being a complicated structure, it is taking time. The intention is to make it something special.
Omni is asked about the Fire Chiefs Inspection. Chris Ellms states he does not think Jeff Duncan has been out to inspect. He believes he was waiting on the engineering report first, stating that the building is structurally safe and sound. Austin states that is a piece of the puzzle that is needed.
The board members take some time to discuss their opinions on a 5yr extension. Rena makes a motion to approve the 5yr extension with the condition that any of Jeff Duncan’s requests are met after his inspection. In addition, there must be a passing inspection from the building inspector. Omni will come in next year with an update as to where they are at. Chris Ellms states he has no problem coming in every year to give updates. Tom Godfrey seconds the motion. Austin asks if there is any discussion.
Don Jones makes a friendly amendment to do everything stated above but make the extension 2yrs not 5yrs. Rena and Tom accept the friendly amendment. Austin asks if there’s any more discussion. Austin states to take a vote, all those in favor…please say aye. All members vote aye. The motion passes as a 2year extension, subject to inspection from the Fire Chief and Building Inspector. Chris Ellms must come before the board on/or before Nov 2, 2024 with an update as to the status of their plans.
Item 7: Appointment of Alternate Planning Board Member
Alex comes back to the table. Alex explains to the board that Paula Murphy has expressed interest in joining the Planning Board as an alternate. There will be an opening in March of 2024 for a permanent member in the election cycle. Alex would like to appoint Paula as an alternate until March of 2024. An alternate may sit in at any meeting where there is a seat open (one member must be absent). Austin makes a motion to appoint Paula as an alternate. Tom Godfrey seconds the motion. All members vote aye unanimously to appoint Paula. She will be sworn in next week at Town Hall.
Item 5: Application: Echo Lake Phase II (Continued from May 4, June 1, July 6, Aug 3, Sept 7 and Oct 5)
Last meeting, we discussed width of the road waiver-done, waiver of the road radius-done and there was an outstanding issue with the water that was to be discussed with Select Board. Cathy Conway steps up to speak. Since the last meeting the SB has scheduled a meeting for next Tues Nov 7. We have continued to revise the plans based on the wetlands board comments. We have lowered the road in several locations to reduce the square footage of wetland impact, we are upsizing the culvert across the major wetlands crossing to allow for the passage of wildlife. We are working on drainage revisions based on Kevin and DES AOT comments. We also met with Jim McMahon of DOT to talk about the Phase l road as well as what was upcoming with the Phase ll road.
Cathy did not bring any Phase ll plans because they are still working on a lot of things. Her intention is to get them to Kevin and the board 2 weeks prior to the next meeting, so there’s enough time to review.
Cathy would like to discuss the Phase l road however. They got a comment letter from Kevin on Tuesday with some clarification requests. They clarified the Phase l plans by better shading in the areas where the road will be widened. The road will be widened up to the intersection so it meets the higher traffic volume requirements. They revised the plan set and Jim McMahon with DOT felt they weren’t changing anything within the right of way, so they don’t need to see any permanent modifications until Echo Lake asks for Phase ll development. So, when we are ready, we are going to submit a driveway permit modification for Phase ll for the additional traffic.

Regarding the comments from Kevin Leonard’s technical review response, Cathy hands out a response from Horizon’s Engineering addressing each question/concern. (Please see that Horizon’s Engineering hand out attached)
A detailed discussion regarding all responses from Horizons to Kevin follows. Some of the significant questions that required more dialog-
-#5-Lot 7 will require a slope easement as well. There is already an easement on that spot for utilities, so that existing easement will be modified to include a slope easement. Kevin states he feels slope easements should also be on Lots 1 and 2; Cathy says she will do additional easements on those lots as well if that’s what Kevin is asking.
-#6-There is concern about the legal document of the home owner’s association before the sale of any home in Phase l. Cathy suggests all legal condo documents including any revisions to the association documents be provided by the developer’s attorney to the town’s attorney prior to a first sale.
-#14-Kevin is under the impression that this old watermain is still live, while Cathy is under the impression that it is capped at Rte 3. Cathy will follow up with Greg Hogan (Highway Dept) on this and if anything needs to be done, it will be coordinated between them. She will verify with the water department that the water line meets their requirements.
For the most part, what is left to do on the Phase l road is widening the first stretch, doing some box cutting to make sure we have 24” of special material then putting 6” of crushed gravel, fine grading the road and stabilizing the ditches. There has been some erosion with some of the ditches. We have a winter stabilization plan in place. If you can’t grow 85% of the grass, it needs to be stabilized for winter conditions. There is a bond that the town is holding, so should the developer not come back and plant the grass in the spring, there is funding to make that happen. We have some cold weather site stabilization with some matting and other things to take care of any potential erosion issues. So, the proposal is to stabilize those slopes with matting instead of grass for the winter months.
According to the Pre-Construction Minutes from July 21st, 2022, item #6 of discussion was Town Coordination.
“The satisfactory completion of the roadway and drainage infrastructure is required prior to issuance of any Certificate of Occupancy.”
It was then discussed to make all the above changes onto a new plan that could be voted upon in December. Cathy requested that the Planning Board please approve the revisions to Phase l with contingencies instead. There was more discussion. Alex makes a motion to approve the revisions to Phase l application with the following conditions- (No Certificate of Occupancies will be issued until conditions are met)
1. There is winter slope stabilization which can then be seeded in the spring at the appropriate time.
2. Our road agent/water guy Greg Hogan sign off on the Plan
3. Any legal HOA documents being reviewed by our counsel prior to the first sale
4. The existing bond will remain in place until the slope stabilization project is completed with grass in the spring.
5. Slope easements be added to the plan on lots 1,2 and 7 and to be completed.
Austin seconds the motion. Rena and Austin ask a few more questions. Alex asks if we can take a vote. All in favor, say aye. All members respond aye. Alex asks, any opposed? (no) Alex asks, any abstained? (no) The motion passes.
There is continued conversation with Cathy Conway regarding an upcoming appointment with the Select Board about Phase ll water and doing a water impact study. There is some confusion about looping the water at the motel area and when that needs to be done. Cathy will look back at prior discussions. It will also be discussed at the Select Board meeting and they will get some input from Greg Hogan. The timeline on looping of the water line is yet to be determined and will remain as an item to be decided on in the near future. It is also thought that a traffic study will need to be done. The DOT will make a determination on that. Cathy does not think that Jim MacMahon will require one, as she states it was never mentioned in her conversations with him. Kevin Leonard however, recalls an email from him where he states he wants a traffic study. Cathy will wait to see what they require for the permit and states they will do what they need to do to get the permit.
8. Follow Ups:
a. Rehab Facilities-This is something that Fire Chief Duncan brought to our attention as well as Police Chief Tad Bailey. The issue that they are seeing in Bethlehem at the Rehab Center is lack of sufficient medical personnel and/or security in-house which leads to a number of issues. EMS and Police are being called to the facility quite often to assist with resident problems. Jeff thought perhaps we should have something in our regulations to address issues like this should a Rehab Center ever come to Carroll. The question is, how do we regulate something like this? What do we put in our ordinances to ensure our town safety resources would not be heavily impacted? Perhaps they need to seek legal advice on the correct way to handle it? The Planning Board would like the Select Board to reach out to legal to give us some guidance on what we can/can’t do in terms of an ordinance. There is discussion about requiring any such facility to be staffed correctly and sufficiently to be able to handle inhouse situations. John Greer states the Select Board will be meeting with legal on Monday and he will bring this up.

b. Short Term Rental Property-Permitting/Registrations-They have the forms they would like to use and the members of the planning board have approved those forms. One for an individual home owner and one for a management company. The SB feel that what was submitted for a Warrant Article needs more information before going to legal. John Greer presents some sample Warrant Articles that the PB wrote in the past and how the SB is looking for it to be written.

c. Warrant Articles-see above. All Warrant Articles need further information to be presented to Legal per the SB. The planning board will revise everything that was previously sent. Alex will work with Jules on this.

d. Other discussions/Input on finding someone to run by January-the discussion after Warrant Articles goes into the Master Plan which they would like to revise. The Select Board would like a quote. Alex spoke with North Country Council and they can help starting in December. As for a quote, it could cost anywhere from 10k-25k depending upon how much work needs to be done. If we can get a committee together to look at the current Master Plan and do a lot of the work, it would obviously be cheaper. There is some money left that the PB could ask to encumber, but they would need a contract. Alex states they could put together a contract with NCC and present it to the SB to get that 7k+ left in the PB account encumbered into this expense. Forming a proper committee is key and any volunteers really should be knowledgeable about the Town, the Planning Board and Master Plans. Alex questions what is the process to form a committee?? Does the PB do it, the SB?? It is thought that the SB would nominate the committee. Alex asks, do we need to submit a request to the Select Board to form a committee?? John Greer suggests to get on an agenda and make a motion to create a Master Plan committee. Alex states he will get a contract with NCC and get on the SB agenda. He asks Rena to present with him to the SB. David Scalley makes the point that any other monies left over from the Planning Board budget (not just the Master Plan allotted money) may also be encumbered. They will figure out the exact figures before he presents to the SB.
There is further discussion of the STR forms. There is also concerns of, who exactly is going to collect these forms, how is this information going to be kept? Will there be a data base? Will it be the Fire Chief, the Town Clerk, The Land Use Secretary?? Who takes the money? Where does the money go from the application fees? Who’s going to research to find these AirBnb’s? There are many questions presented should this STR registration go through. It is thought that the Select Board would figure all this out seeing as they are in charge of the Town budget, but that is yet to be determined.
What type of regulations would be put in place for these STR’s? Define proper rules….noise, dogs barking, pet waste, fireworks, unacceptable behavior, etc. Perhaps handing out a flyer with each registration stating what is acceptable vs unacceptable. The first year of this will certainly bring a lot of learning curves. One of the big things with these registrations is having a contact number for the homeowners should local problems arise.
Rena asks some questions about some of the other Warrant Articles the board is looking to present. They have been discussed before, but she wanted to refresh herself with some clarification. Everyone is still on board with the Warrant Articles that Alex and Jules will be finalizing for the Select Board.
Austin makes a motion to adjourn. Rena seconds. Alex asks if all are in favor. All members reply aye. Meeting is adjourned at 7:50PM.