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Minutes of 9/12/2021

September 20th, 2021

Town of Carroll
Zoning Board of Adjustment
92 School Street
Twin Mountain, NH 03595

Meeting Minutes
September 9th, 2021
7:00 P.M.

These minutes of the town of Carroll ZBA have been recorded by the Secretary. Though believed to be accurate and correct, they are subject to additions, deletions, and corrections by the ZBA at it’s next meeting when the Board votes it’s 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.”

ZBA Members Present-Chairperson Aaron Foti, Andy Smith, Janet Nelson, Sandy Pothier, Ken Mills

Alternates Present-Diane Rombalski, Karen Moran

Public Present-Brian Mckyo, Joseph McDonagh, Imre Szauter

Minutes Taken By: Lisa Harley, Recording Secretary

Item 1: The meeting was called to order by Chairperson Foti at 7:00 p.m.

Item 2: Pledge of Allegiance

Item 3: Approval of July 8, 2021 meeting minutes. There was no meeting in August.

There was discussion that the word “quarantine” was not correct. Andy said he believes it should have been “trail corridor”. Chair Foti thought to be clear to anyone reading the minutes in the future that we should correct that in our motion.

Andy Smith made a motion to approve the July 8, 2021 minutes amending the word “quarantine” to “trail corridor”. The motion was seconded by Chair Foti. All in favor, no opposed. Motion passes. Janet Nelson said she was not in attendance at the July 8th meeting and will abstain. Karen Moran was in attendance and voted to approve the minutes as amended.

Item 4: The Town of Carroll, NH Zoning Board of Adjustment, in accordance with NH RSA 676:7, will hold a Public Hearing at the Carroll Town Hall, 92 School Street, Carroll, NH on Thursday, September 9, 2021 concerning a request by Joseph McDonagh for a Variance to setbacks concerning Article IV, Section 403.3 of the Zoning Ordinance. Applicant proposes to build a build a house on the property located at Map 417/Lot 079-000-009, Little River Road, Twin Mountain, NH in the Residential Zone.

Chair Foti said he wanted to correct the agenda – it should be Section 403.2 (not 403.3). The application states 403.2, which is correct. Aaron wanted to point this out, so no one gets confused. Andy said it was noticed as a setback, and it is not a setback. Aaron said he had the same thought as well, and we should talk about this before we get into the substance of the application. In line three it says for a variance to setbacks concerning Article IV, Section 403.3. Does anybody on the board have a comment or did anyone have a misunderstanding of how they are reading this application? This application is not about setbacks, it is about Section 403.2. Does anyone have the need to say anything about this? Chair Foti suggested we should have it in the minutes that we should strike the word setback, as Andy mentioned, and it is concerning 403.2 not 403.3. These meeting minutes shall reflect that.

Chair Foti said that this an application for a variance for Section 403.2. Chair Foti verified with the Land Use Secretary that all letters were sent to abutters and all checks have been received. Aaron said he was not concerned about the question “see attached”.

Chair Foti stated that as we have a full board tonight, we don’t need to use any alternates, unless someone has a reason to recuse themselves. Aaron thanked the alternates for being here tonight. We have never had more than five people and it is nice to have people participating.

Chair Foti said that the applicant’s name is Chris Harrington, an agent for the owners of the property, and there is an agent letter for this representation. Ken Mills mentioned, due to this application being almost identical to the one that came across the board back in April on a different piece of property, but the same sub-division, Ken would ask the board to take the same action as before without going through all the processes we did last time when they came to the board. We also came to a conclusion that none of that was necessary. We don’t have to go through all of that again. Andy mentioned that he would support that decision. Andy understands the need for the administrative people in the town saying we can’t make a determination whether this a grandfathered lot or not. The correct action was taken on the previous case. Ken Mills said in the notice of decision it was stated none of this is required, and he would like to see this move forward at this time.

Ken Mills moved that the Zoning Board of Adjustment issue a Notice of Decision that a request for a variance or a special exception is not required for this application. Andy Smith noted due to this being a pre-existing lot. Ken Mills said it is due to the fact that it is a non-conforming lot, as he is reading in the minutes of that meeting. Andy Smith seconded the motion.

Chair Foti said that the motion was moved and seconded and is open for discussion of the motion at hand which is this board does not need to hear this application based on the same reasons we had in a prior meeting this year. Aaron said he hears what they are saying, but he feels we are required by law at least to go through the steps of looking at what this application is. We have already had two errors here that we needed to correct in the minutes. Aaron said he doesn’t think it does justice to the system, personally, to say what you have is what you have. We are talking about two different properties, two sets of people, and there could be people in the town or abutters who might have an issue with this. Chair Foti said he thinks it is important that we look at each application as an individual item.

Ken Mills said he disagrees.

Aaron said that he will add, in this particular case, if it still comes down to is it a grandfathered lot or a non-conforming lot, based upon the date when that lot was created, and if the town doesn’t know that, then that at least needs to be reflected in the minutes. Aaron said if the town doesn’t know the date when this lot was created, or we do, but if the lot was created after 1979 then this piece of property needs a variance and is not subject to the same conditions as the property we looked at previously.

Ken Mills said he asked the Land Use Secretary to look this up, and when she did look it up she found the lot was created before 1979, and in the same Sub-Division as the previous piece of property.

Aaron asked if we could have that information, and Lisa said she did not print it out. Aaron asked what did we learn? Ken said that we determined it was in the same sub-division as the last one back in April. It is a non-conforming lot.

Aaron said that right now we are discussing the motion again, and at least the minutes will reflect that by voting yes they are in agreement that it is a non-conforming lot. Aaron said he wants the minutes to reflect that is what it is. Based on the research done today by the Secretary, do we feel comfortable that this lot was created by 1979? The secretary said yes, that is correct. Aaron said that certainly helps his discussion and asked if anybody else have thoughts on the current motion. Janet Nelson asked if all the other requirements were met, such as setback, etc.? Aaron said yes, he believes that they are.

Aaron mentioned that we are in sort of a funny spot because we’re not in a spot for public comment and we haven’t presented the application, but they’re members of the public who are not part of the application. Aaron said as we are in discussion on this motion, he would like to ask the applicant if there is anything they would like to say. Applicant didn’t have anything to say.

Aaron asked if there was any further discussion on the motion. There was none. All in favor, no opposed. Motion passes.
Aaron said similar to earlier this year, we do not need a variance for this because of the lot being in existence before 1979 so it is a non-conforming lot and thus does need to conform to that one acre minimum. Andy Smith said this process is required to validate the lot was in existence before zoning and does need to come before the ZBA to say you don’t need a variance. Ken said this is a unique case. Aaron noted that there is a thirty-day appeal period if anyone wants to appeal the decision.

Item 5: Ordinance Review/Warrants
Lisa said in case we want to change or look at any changes. Aaron wondered about a joint review with the Planning Board for warrant articles or for review of the ordinance, which is a collaborative effort. Aaron said we have the responsibility to recommend warrant articles to the planning board, but anyone can recommend warrant articles. Aaron said he feels there are items in the ordinance which could use fixing. Some of them have come up. One of the major things we have had to work around this year is the driveway permits, which is not our jurisdiction. Brian Mycko said the planning board is looking to clean up some of the definitions. Driveway regulations as well. Aaron Foti mentioned road frontage which we have discussed several times this year. Lisa said they were discussing having owners fill out a waiver re: the difficulty of a fire truck accessing their property due to the steep grades. They also discussed requiring sprinklers in these residences. Brian said we are just starting to work on this now. Lisa said there is a new driveway permit currently in the works, and that might have more detail in it. Aaron said he will leave that up to the Planning Board. Anyone can participate in the warrant article process.

Aaron mentioned that he would like to start using a check list that the last Secretary made up. The board thought it was a good idea. Andy Smith said it would keep us on track and give us consistency month to month and year to year. Aaron said we did accomplish updating our Rules of Procedure in 2021. Aaron suggested the Board take the checklists in their current condition and put on the agenda for our next meeting. Aaron will work with Lisa to get these checklists out to all the members. Everyone will need the time to review before the next meeting.

Janet Nelson mentioned if we wanted to meet earlier next month to review the ZBA goals. Aaron said that he would like to start at 6:30 every month.

Janet Nelson made a motion to change regular meeting times to 6:30 p.m. to start next month on October 14, 2021. Karen Moran second. All in favor, no opposed. Motion carries. The regular meetings will be held at 6:30 p.m. going forward.

Aaron said he would make a motion that we amend #4, A, #1 in our Rules of Procedure to reflect that meetings will be held starting at 6:30 p.m. or as noticed. Karen Moran second. All in favor, no opposed. Motion passes.

A motion was made by Ken Mills to adjourn the meeting. Andy Smith second. All in favor, no opposed. Meeting adjourned at 7:48 p.m.