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Minutes of 11/10/2022

December 2nd, 2022

Town of Carroll Town Hall Community Room 92 School Street
Twin Mountain, NH 03595
November 10th, 2022
6:30 P.M.

These minutes of the Town of Carroll Zoning Board of Adjustment have been recorded by its Secretary.
Though believed to be accurate and correct, they are subject to addition, deletions, and corrections by
the Board of Adjustment at a future meeting when the board votes its final approval of the minutes.
They are available prior to final approval to conform to the requirements of New Hampshire. RSA 91-A.2

Zoning Board members present: Aaron Foti (Chairman), Karen Moran, Diane Rombalski, Anita Greer, David Scalley (Building Inspector), Andy Smith

Others Present: Robin Greenlaw, Thomas Greenlaw

1. Call Meeting to Order – Chairman calls the meeting to order at 6:36pm

2. Pledge of Allegiance

3. Roll call – Diane Rombalski (alternate), Andy Smith, Aaron Foti (Chairman), David Scalley, Anita Greer, Karen Moran

4. Approval of Minutes
a. May 12, 2022
Chairman asks for motion to approve meeting minutes from May 12, 2022. Andy makes motion to approve, Karen seconds, all in favor, 3-1 David abstains.

5. Unfinished Business
a. Land Use Secretary - requested at SB Budget Hearing – Dave updates the Board, moving forward.
Andy: encourages the need for a Secretary for both the Planning Board and Zoning Board.
David: in the last 5 years we have had 5 different people, not an easy position to fill, we should use what we have for both boards, better all around.

6. Public Hearing

Aaron asks if there are any issues with fees or anything else on this application.
Andy makes the motion to approve the application as complete, Karen seconds, all in favor, 6-0. Roll call acceptance of application as complete.

The Zoning Board reviews the sketch sent to Andy and passed onto Donna. Review of the “checklist” map and lot, plans, fees, abutter letter signage, not present. Variances/ ordinances.
a. Application for a Variance from Article 403.6 of the Zoning Ordinance to change a side setback from 30-feet to 10-feet.
i. Applicant: Thomas H Greenlaw - Trustee
ii. Address: 1564 Route 115, Map & Lot: 407-064-000-000
iii. Zoned: Residential: RU
Thomas Greenlaw: explains the application and need for the shed, to house a lawn tractor. The lot is small and hard to find a good spot. His neighbor is agreeable to where he plans to put, it will look aesthetically pleasing as it will match the house.

Aaron: we all understand the situation.
The lot is narrow and long.
Andy: asks about the type of foundation.
Greenlaw: 12 x 12 pressure treated
Andy asks if he even needs a building permit.
David: no permit but must meet setback requirements. If under 200 sq. ft, no permit needed
Greenlaw: three 4x4 beams will keep air circulation under the building and it will be placed on compacted ground and gravel.
Scalley: as Building Inspector it would be denied as it does not meet setbacks.
Greenlaw explains the unique situation of long lots, hilly in the back. Planning to place beside the neighbor’s shed.
Aaron: it will be a symmetrical placement.

Public hearing is closed and discussion on criteria begins.
1. Granting is not contrary to public interest
Andy: application has a valid point, the lots are narrow and long.
2. Spirit – no negative comments
3. Justice
4. Value of surrounding properties, is it diminished.
Karen asks if it can be seen from the road.
Greenlaw: not really, most times
5. Unnecessary hardship if not granted.
Andy drove by earlier and confirms that all of the lots go uphill and are difficult to build on, a physical hardship, limited.
Karen: have struggled with this, no one wants to spend more money than necessary, understands the lot restrictions.
Aaron: the width of the lot is quite small but not harming anything.
Anita: residential property still needs to be 20’ setback, correct?
Aaron: yes. Are you settled Karen?
Karen: not sure
Anita?: Part 5a is satisfied, don’t need 5b.
Aaron: that is reasonable
Andy: meets both a & b.
Karen: note, 403.6 frontage needs to be 200’
Andy: that is more for subdivisions
Aaron: grandfathered, not a 2 acre lot
Andy: grandfathered, suffer with the setbacks.
Diane: is hardship making land unusable?
More discussion, Andy makes motion to approve the application variance to 10’ rather than 20’, Anita seconds, all in favor, 5-0.
Aaron asks if there are any questions.
Karen asks if there is proof the abutter approves?
Discussion that no proof was seen, but they should have come tonight if they disapproved.
Aaron asks for a voice vote. Diane, Karen, Andy, Aaron, Anita, 5 member approval. There is a 30 day appeal window.
Andy: go ahead and build, but remember there is a risk of a 30 day appeal.

7. New Business
David Scally brings up a Grandfathered, 4 unit apartment, now looking to become 6 apartments. It has Town water and sewer. The issue being that there is not enough parking for 2 more apartments, Jeff the Fire Chief feels there should be a site plan.
Setbacks met so no special exception needed.
David is bringing this up because he has had issues before with this person, he doesn’t want to make a decision if the Zoning Board sees something.
Discussion on whether it is non-conforming. If this is an expansion of non-conforming in a rural zone then the Zoning Board would have to grant a Special Exception.
Aaron: allowed use as of now.
Andy: meets acreage allowed use.
Aaron: see no real need to come to the Zoning Board.
Karen asks if it would make any difference or if it would be educational to look at the original exception.
Aaron: there isn’t one.
David: when did it become a multi-family?
Karen: what was the Fire Chief’s concern?
David: parking, entrance size, sprinkler system
Aaron: needs a site plan?
David: Driveway would be State.
Discussion of whether it is an expansion of a non-conforming use, how is that determined? The need would be 10,000 sq ft, presently it is 3,000 sq. ft, 750 sq ft per unit. Unanimous feeling that there is not enough land.
Andy: is this expanded Grandfathered?
Aaron: needs a special exception?
Unanimous agreement that there should be a special exception because it has less acreage per unit and area.
David: is this special exception against the Master Plan which wants more housing?
Discussion of why it should be a special exception; non-conforming lot and building, limits can be put in the special exception. This already is too small for 4 units but the Master Plan wants more housing. This can’t be built with this type of zoning and with the limited information this needs a special exception. David suggests that the owner comes to the Board to discuss.
Andy: they need to go to the Planning Board for a site plan.
David reiterates that the Fire Chief feels it should have a site plan.

8. ZBA Rules of Procedure
a. Checklists - approved at last meeting. Need to be edited to incorporate legal changes from early 2021.

Aaron: some edits needed, legal has already reviewed. I haven’t gone thru the tract changes approved to use. Rules of procedure amended and need to finish.
Andy: continuity with process?
Aaron: still to be determined.
Andy is supposed to approach the Select Board to get a key or fob, but has not yet done so.

9. Adjourn – Andy makes motion to adjourn at 7:42pm, Karen seconds, all in favor, 6-0.