Board of Adjustment Meeting Minutes

ZBA Minutes of 9/12/24

November 12th, 2024

Town of Carroll Zoning
Meeting Minutes
September 12, 2024
6:30 PM

“These minutes of the Town of Carroll Zoning Board have been recorded by its secretary. Though believed to be accurate and correct, they are subject to additions, deletions, and corrections by the Zoning 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.”

Zoning Board Members Present: Public Present: Andy Smith, Bill Briggeman, Karen Moran, Anita Greer, John Greer

Minutes Taken By: Steffanie Apostle

Item 1: The meeting was called to order by Andy Smith at 6:30pm

Item 2: Pledge of Allegiance

Item 3: Attendance Taken; Quorum Met

Item 4: Approval of Meeting Minutes June 13, 2024

Andy Smith had some concern that minutes prior to July were not approved as it was a joint Planning Board & Zoning Board meeting for the ITW cell tower and minutes were not approved before ITW started. Planning Board had approved their minutes but when they opened the meeting up to the Zoning Board, they went right into the cell tower and no minutes were approved.

After Zoning Board discussion, it was decided to table the approval of minutes until the next meeting. The meeting minutes in question were not provided at the meeting and there were not enough board members present at this meeting to make quorum in regards to the prior meeting minutes so approval of minutes was tabled. Steffanie Apostle will make sure to add those minutes into the folder for approval at the next meeting.

For the July meeting minutes that were provided there were a few comments on them. The pages were not numbered
Steffanie Apostle made the note to make sure all meeting minute pages are numbered for easier reference.

Chris Ellms from Omni had his last names spelled incorrectly

Steffanie Apostle to correct that in the meeting minutes
Bill Briggeman had a correction to page #3 in the 4th paragraph there was a line incomplete in regards to “several attempts to contact them”.

Steffanie Apostle stated that they were talking about Mount Washington Hotel. ITW made several attempts to contact Mount Washington Hotel and Mount Washington Hotel never responded back to ITW.

Bill Briggeman also had a question in the following paragraph about Steve Grill went back to Paula Murphy’s question; Steffanie Apostle to clarify whose question he went back to

Item 5 Budget

Andy Smith reviewed the budget with the Zoning Board. They started off with a review of the current years budget which was $1,900.00 and $807.00 had been spent. Andy Smith then reviewed each budget line item with the Board members.

Line Item #1 was salaries. That was budgeted at $300.00 and so far, nobody had taken any. Steffanie Apostle stated that she would be reaching out to each board member in October to see who wanted to be paid for their meetings
John Greer said that last year they were paid at the end of the year

Line item #2 was postage and there had been nothing budgeted for postage

Line item #3 was advertisements. There was $100.00 budgeted but $120.00 spent. Steffanie Apostle had checked what was advertised and it was for a Wingate Variance and the ITW Cell Tower. Andy Smith asked if that got offset by income because we charge the applicant for that. Karen Moran said this wasn’t against us and it will be offset by a revenue account; this was only the expense side
Andy Smith suggested that they add money to the postage line. They typically have 3-4 hearings a year with approximately 6 abutters so Andy Smith suggested they add $250.00 for postage and $150.00 for advertisements
John Greer asked if we needed to have advertisements or if we could just post the notification at the Town Hall
Steffanie Apostle said they have to go in the paper for public notification

Andy Smith moved onto the next line item in the budget which was training & travel. Andy Smith said that they had not used a lot out of this line in a few years so it could be a little high. Andy Smith wanted to keep the line item in case they had an opportunity to go to a training or meeting. Most of the meetings they are invited to are free or online so they could decrease the amount in the budget to $500.00.

Next Budget line item was software. The Zoning Board participates with the Planning Board and the accessor for GIS Mapping so they would keep the budget of $800.00 for software.

Zoning Ordinance review they didn’t foresee in 2025
Steffanie Apostle mentioned that the Planning Board paid North Country Council for the Master Planning. Phase I has already been paid and when Phase II was completed, they will get the remainder paid.

Anita Greer asked if the Master Plan would trigger a review the Zoning Board would need to do

Andy Smith said Zoning always needs to be reviewed or updated so we will keep the money in Zoning Ordinance review so they have the ability to review anything if they need to.

John Greer said in his opinion regulations always need work

Andy Smith said maybe that would be a joint discussion with the Planning Board

John Greer said It will never be perfect; it will always be a work in progress

Andy Smith agreed as there are constant changes with State laws and Zoning and Master Planning

Steffanie Apostle said once the Master Plan is completed and approved it is good for 5 years

John Greer said the last Master Plan was 10 years ago

Steffanie Apostle said that they were overdue on that

Andy Smith asked how much they wanted in the line item

Karen Moran suggested $500.00 and Anita Greer agreed

Andy Smith reviewed the final amounts they decided for each line item.
Salaries - $300.00
Postage - $250.00
Advertisements - $ 250.00
Training - $500.00
Software - $800.00
Zoning Ordinance Review - $500.00
For a total of $2,600.00

Anita Greer noted that postage and advertisement was a revenue neutral

Andy Smith asked if they had a motion for a proposed budget of $2,600

Karen Moran made a motion and Anita Greer seconded it. All were in favor, motion passed

Item 6: New Business / Other

#1: Andy Smith said he had been in correspondence with Alex Foti in regards to a resident asking about a detached ADU approval.

Steffanie Apostle said she had received a phone call from a resident asking about changing a 2-car garage into a 1-car garage with a small studio.

Andy Smith read off the definition of Accessory Dwelling Unit (ADU) from the ordinances. Accessory Dwelling Unit is a dwelling unit that is within or attached to a one family dwelling or accessory building, and provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking and sanitation on the same parcel of land as the principle dwelling unit it accompanies.

Steffanie Apostle asked within what?

Andy Smith said within or attached to a 1-family dwelling
.
Andy Smith then read the definition of Accessory Building. An Accessory building is a subordinate building or a portion of the main building, the use of which is incidental to that of the main or principal building.
Andy Smith read Section 705 out of the Zoning Ordinances for Accessory Dwelling Units.

ADU where permitted by a Conditional Use Permit, an Accessory Dwelling Unit (ADU) shall comply with the following
• Only one (1) ADU shall be permitted per single family dwelling
• An ADU shall have an independent means of access, either through an independent exterior door or through a common space such as a hallway to an exterior door. For accessory dwelling units located within or attached to the principle dwelling unit, there must be an interior door between the two units
• All ADU’s must be attached or within a single-family dwelling or accessory building.
• The area of an ADU may not exceed 30% of the total floor area of the single-family dwelling, including the ADU, or 750 feet, whichever is larger
• At least one parking space is required to accommodate the ADU
• The ADU must maintain the aesthetic continuity with the principle dwelling unit as a single-family dwelling
• A camper, recreational vehicle or manufactured home may not be used as an accessory dwelling unit
Andy Smith said a garage fit that as it is incidental to the main building, a subordinate building

Anita Greer said the definition of accessory use includes garages and barns. Anita Greer read the definition of Accessory use. An accessory use is a use customarily incidental and subordinate to the principle building or use and located on the same lot with such principle building or lot. The following examples are considered accessory uses, but are not limited to, antennas, swimming pools, satellite dishes, garages, barns, storage sheds, storage of a registered camper or recreational vehicle, and renewable energy facilities for on-site use including, wind, solar and geothermal. All accessory uses must follow zoning set-back requirements. Antennas and towers shall be set back the greater of the minimum required for the district or a distance at least 125% of the height.

Andy Smith said a garage is an accessory use and Section 7.05 says ADU’s can be an accessory building

All were in agreement

Andy Smith said allowed uses of an ADU were in Res 1, Res 2, Residential Business, and rural and they are allowed by right of conditional use as stated in Section 403.1 on page 11.

Andy Smith said conditional use permits were granted by the Planning Board

Steffanie Apostle clarified they would have to go in front of the Planning Board for a conditional use permit

Andy Smith said that was his interpretation following through the definitions. Its kind of like a Special Exception but it’s a Conditional Use and that’s granted by the Planning Board.

John Greer asked if it was a garage on the 1st floor and a living area upstairs the upstairs is what we are talking about

Andy Smith said yes

John Greer asked what the square footage could be

Andy Smith said not more than 30% of the house size

John Greer asked if that includes the basement of a house

Andy Smith said typically a finished basement with a family room yes, but an unfinished basement with a mechanical area would not

Steffanie Apostle said the residents could refer back to their tax sheets for the square footage

John Greer said not to give the resident the information but to refer them to the pages in the ordinances

Anita Greer agreed and said Steffanie Apostle needed to be careful what she said so the resident can’t say well Steffanie told me this.

Andy Smith said Steffanie Apostle could tell them we discussed this at the Zoning Board meeting and the minutes will reflect the ADU discussion and that it requires a Conditional Use permit per the zoning ordinances.

Steffanie Apostle said she would leave it at that and let the Planning Board tell them the requirements.

Anita Greer said it gets tricky with people and some people misunderstand

Andy Smith said small towns have gotten into trouble trying to help

#2: Andy Smith brought up the Rules of Procedure which were reviewed by the attorney and approved. Item #3 on the Rules of Procedures was in regards to appointing alternates. In accordance with RSA 673.6 the Board may appoint up to (5) alternate members for up to 3 years. The problem being Diane Rombalski was only appointed for 1 year

Karen Moran said that wasn’t a problem because it says up to 3 years

Andy Smith said he would ask Diane Rombalski if she wanted to amend her appointing to 3 years.

Andy Smith said the Zoning laws say on page 68 Section 804 A board of Adjustment and its 5 members shall be elected and the Selectmen shall appoint alternates. The Board of Adjustment shall have the terms and powers conferred by Chapter 31, New Hampshire RSA’s, as it is or may be amended.

Andy Smith said he went to the RSA stated in the procedures and that said the Zoning Board of Adjustment appoints, not the Selectmen.

John Greer said he would bring that up at the next Selectboard meeting

Andy Smith said RSA 673.6 says an elected Zoning Board of Adjustment may appoint alternates

Andy Smith then confirmed the Boards terms
• Andy Smith will need to run for re-election in March as his term will be up
• Janet Merner was just re-elected for 3 years through 2027
• Karen Moran is good though 2026
• Anita Greer is good through 2026
• Bill Briggeman is good through 2027 as he was just elected
• Diane Rombalski is only good for 1 year and will be reappointed for the 3 years

#3: Bill Briggeman asked if there had been any appeals for the cell tower

Andy Smith said there had not been any appeals and that Steffanie Apostle checked with him and Alex Foti to make sure they had not received any appeals

Steffanie Apostle said ITW still needed to apply for a building permit and they will bring in the bonding at that time

Anita Greer asked if we knew the timeline

Steffanie Apostle said she did not

#4: John Greer talked about the energy meeting and discussed street lights. The warrant Article said they were in charge of replacing street lights but nobody felt comfortable in deciding to take any away or add any so they strictly concentrated on changing the lights from high pressure sodium to LED and varied intensity, lower in residential higher on public streets. Both Chiefs (Fire / Police) were surprised they were not adding or taking any away. There were questions like why does this street have some and that street doesn’t. John Greer said Bill Vecchio said some town official made that decision 30 years ago. John Greer said they have thought about adding a different warrant article or adding it to the Master Plan because we are working on that now. John Greer asked how to get that into the Master Plan.

Steffanie Apostle said she would reach out to Angela Cleveland and Taylor Roy from North Country Council and ask them how to get it into the plan.

John Greer asked when the next Master Planning meeting was
Steffanie Apostle said there was a Community Engagement on 9/25/24 from 4:00pm – 7:00pm and then they would follow up mid to late October

John Greer asked if he needed to come to the meeting to discuss the lights

Steffanie Apostle said the Community Engagement was more like an open house where people will be coming and going and not a meeting. They have surveys for people to take and write their thoughts.

John Greer said they wanted the lights in the Master Plan along with the solar panels per the (2) Chiefs (Fire / Police)

Andy Smith said North Country Council must have some type of resource on how to determine where street lights went

John Greer said it was based on pedestrian safety and to talk to Master Planning and Planning Board about that

Andy Smith asked what the Master Plan schedule was

Steffanie Apostle said the survey would be open for a few weeks then once that was closed, we will meet again to discuss results and move forward.

Andy Smith asked if the Selectmen approved the Master Plan

Anita Greer asked if it goes before the voters

Steffanie Apostle said she wasn’t sure as this was her first rodeo with the Master Planning

There was a motion from Anita Greer and a second from Karen Moran to adjourn the meeting