Board of Adjustment Meeting Minutes
ZBA Minutes of 2-12-26
February 12th, 2026
Town of Carroll Zoning
Meeting Minutes
February 12, 2026
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: Chair Andy Smith, Vice Chair Karen Moran, Bill Briggeman, Diane Rombalski, Lisa Gemmer
Public Present: Charlene McGee. Thomas McGee, John Cornish, Deb Cornish, David Scalley
Minutes Taken By: Steffanie Apostle
Item 1: Call Meeting to Order
The meeting was called to order by Andy Smith at 6:30pm.
Item 2: Pledge of Allegiance
Item 3: Attendance Taken; Quorum Met
Lisa Gemmer was elevated from alternate to a full member to make a quorum.
Item 4: Approval of Meeting Minutes – January 8, 2026
Bill Briggeman had a minor correction that he sent to Steffanie Apostle for correction. Where Steffanie Apostles mentions ADU’s, the apostrophe should be removed and just have an “s” so it reads ADUs.
Steffanie Apostle to make spelling corrections.
Bill Briggeman made a motion to accept the minutes as amended. Karen Moran seconded the motion. All were in favor and nobody opposed. Motion to approve the minutes as amended was approved.
Item 5: Follow Up – Along the River
Building Inspector David Scalley was there to represent Robert Lamoureaux from Along the River and answer any questions the Zoning Board had in regards to the (2) Park Model Trailers Robert has added to the site.
David Scalley said that he had issued the building permit to Along the River for the (2) campers. These trailers are park model RVs and David Scalley heard that the Zoning Board had some questions.
Bill Briggeman said he had questions on their placement.
David Scalley said those were already (2) existing campsites that were already there. These camp sites are RV campsites and the RVs are parked there for the summer or long term. David Scalley said he issued a permit on September 4, 2025. This building permit is separate from the building permit for Cabin #5 that the Zoning Board approved a variance for. The variance was to tear down cabin #5 and the Rec Hall to rebuild them. David Scalley said these (2) park model trailers are moveable just like an RV.
Bill Briggeman asked if they will be moved?
David Scalley said they can be moved. The wheels will still be on them. If you look at their permit, I stated that the wheels must stay on them. I spoke with Robert Lamoureaux on 9/9/25 at 6:40pm.
Bill Briggeman said the issue is how far back they need to be set.
David Scalley said they were already exiting sites and if they had campers there, we wouldn’t even be having this conversation.
Bill Briggeman said campers were removed and then these were put there.
David Scalley said it was just like a camper.
Andy Smith asked if they were registered?
David Scalley said that would be up to them as the owners and not himself. If you want to refer back to June 2020 for Boulder Motor Court. I as the building inspector and Jeremy as the fire chief contested the park model RVs because they felt they were stationary. The State as well as the (2) attorneys came to the conclusion that these are moveable, they have wheels on them, you can connect and disconnect and then drive away.
Bill Briggeman asked what happens if they don’t move? In other words, they are supposed to be temporary but if they stay there 9 months?
David Scalley referred back to Carl Brooks campground, they have about 20 of them that never move.
Andy Smith asked if they were all registered?
David Scalley said he did not know. That would fall under Crystal Bailey for the registration not the building inspector.
Andy Smith said he thinks the issue is if these are registered RVs that can be hooked up and towed away at any time or are they a piece of real estate and pay real estate taxes and are fixed to the piece of real estate?
David Scalley said he did not know the answer to that.
Bill Briggeman said there is the extra question of the variance. If you remove a building and then put another building there don’t you need to apply for a variance for that?
David Scalley said it is not a building.
Karen Moran said they did not remove a building for this.
Andy Smith said that is part of the question. Are they buildings, are they going to be assessed by the Town assessor as a piece of real estate, are they going to be registered, or are they a vehicle that can be towed down the road?
David Scalley said in the Town’s ordinance the definition of a building is a constructed unit forming a shelter for persons, animals, or property and having a roof and being permanently located on the land. Where the context allows, the word “building” shall be construed as follows by words “or parts thereof”. David Scalley said the Park Model RVs was not a permanent structure and can be moved. This is knowledge through past practices with our attorneys and previous campgrounds.
Bill Briggeman asked if 5 years from now they are still in the same place?
David Scalley said Boulder Motor Court has been there for 5 years.
Andy Smith asked if they were assessed as real estate?
David Scalley said he did not know.
Andy Smith said that was one of the issues with that specific case at Boulder Motor Court. Are they trying to circumvent being a piece of real estate and being assessed by the tax assessor and subject to the fire regulations from the Fire Chief?
David Scalley said the fire regulations and the IBC code do not take precedence over that. Those are manufactured units that come in and are approved by the State of New Hampshire when they get here. The only thing we can inspect as the fire chief or building inspector is anything put on the exterior of it and verify it is on wheels. That was the whole case because I wanted to go in and inspect it because there was a loft upstairs but not a second means of egress.
Andy Smith asked why David Scalley issued a building permit for an RV? You don’t issue a permit for every weekend stay up here with an RV.
David Scalley said because they came in and requested a permit and with everything that we went through with Boulder Motor Court he issued the permit.
Andy Smith said they ended up being real estate?
David Scalley said he did not know.
Andy Smith said you don’t issue a building permit for all RV’s.
David Scalley said he only issues them for a Park Model RV.
Andy Smith asked if David Scalley understood there is a gray area in this?
David Scalley said he understood that. If you read the meeting minutes of June 2020, I did not agree with it and neither did the Fire Chief Jeremy. The 2 attorneys and the State are the ones who took precedence. This has been tried in other states and they all lost. I am only following precedence of what we have already set.
Andy Smith said he felt like they crossed a line when we issued a building permit that did not meet the setback requirements. It can’t be a little bit of both. If you issue a building permit there needs to be setback requirements.
David Scalley said it does not say that. David Scalley touched base with Attorney Bob Carey before the meeting and Bob Carey said we had already been down this rabbit hole.
Andy Smith stated that Bob Carey is not the current lawyer for the Town.
David Scalley said he was aware that Bob Carey was no longer the Town Attorney but he was the lawyer at the time we dealt with Boulder Motor Court and Echo Lake. David Scalley said to the Board if there was any information the Board wanted, he could get it for them.
Karen Moran said the biggest question is how is the Town taxing these? That will help answer the big picture question.
David Scalley said we could probably check online and see how they are taxing Boulder Motor Court.
Karen Moran said if they were taxing it as real estate, they should have come in for a variance request for the setbacks.
David Scalley asked if he moves them every 6 months does he need a variance?
Karen Moran said not if he moves them further onto his property.
David Scalley said because of the setup and layout Robert Lamoureaux could not move them further onto his property.
Andy Smith asked if they were registered? Are they truly mobile?
David Scalley did not know the answer to that.
Andy Smith said he understands there is some confusion and he wasn’t sure that everyone agreed on the Boulder Motor Court scenario.
David Scalley said we didn’t but the State set the precedence. We didn’t have much of a choice because of past court cases that all lost. As long as they 400 square feet or less they are allowed.
Andy Smith asked what that meant?
David Scalley said that meant they are able to be classified as RVs and not buildings.
Bill Briggeman said with most vehicles you have 30 days to register them.
Andy Smith said that is if it is a motor vehicle.
David Scalley said they were not a motor vehicle; they are a tow behind like a trailer.
Andy Smith asked if Park Model RVs are exempt from zoning?
Bill Briggeman said he did not believe so.
David Scalley said he agreed but that wasn’t what the Attorneys and the State said. They all had a meeting at the fire station with the attorneys and I told them many times how much I disagreed with it as the building inspector and it didn’t matter.
Andy Smith said the question that came up is; are these meeting setback requirements or not?
David Scalley said they won’t meet the setback requirements at the campground because they can’t. That is why they are not buildings. Buildings are permanent, these are not permanent.
Diane Rombalski said they will have to stay mobile.
David Scalley said it states on their permit that the wheels must stay on it and it has to stay moveable. And I got that information from the litigation from Boulder Motor Court.
Andy Smith asked if there was any discussion with the current Town Attorney?
David Scalley said there had not been.
Andy Smith said he wasn’t sure he was any clearer on the answer than when they began.
Diane Rombalski said last summer she was looking into things she could do with her property and she is not in a zone that she could do a campground so she looked into the New Hampshire RSAs. It talked about them having to be 400 square feet or less and they have to stay moveable. If you are an RV park, people come in and out with their RVs but they are not meant to stay stagnant. It wasn’t made for a permanent place for an RV. Its one of those blurred lines. Our Ordinances does not have specifics when it comes to campgrounds so you have to refer to the State RSAs.
David Scalley asked if it would be the same if we took the wood sided Park Models out and brought in a 5th wheel camper that parks and stays all year; it is all plug and play like the wood camper. What if someone brought in a 5th wheel camper and then added wood siding?
Karen Moran said that is what sparked the questions because it looks like a house.
Andy Smith said most of Boulder Motor Court are on the taxes because they are over 400 square feet. They have decks and concrete foundation.
David Scalley said anything on the exterior needs to have an inspection. Decks, railings, stairs, ramps. If he puts stairs on that it will need to meet the IBC.
Andy Smith asked the Zoning Board how they felt abut it?
Karen Moran said she thinks they need to wait to hear back about how they are being taxed.
David Scalley asked what the taxing had to do with the Zoning?
Andy Smith said it has to do with the setbacks and if they are considered a piece of real estate.
David Scalley said they are not a piece of real estate; they are mobile and not fixed.
Andy Smith said the question has come up if they are a piece of real estate and do they meet the setback requirements?
David Scalley said this is where he lost with Boulder Motor Court. The building is not permanent, that’s where we lost. Ken Mills used the description that if a plane ran off the runway on its wheels, they use a crane to put it back so its moveable as long as it still has wheels. I didn’t agree with it.
Andy Smith said the Zoning Board is not the enforcement authority but this was brought to us. There is Zoning that says you can’t have unregistered vehicles.
David Scalley said that was touched on with Boulder Motor Court also. We allow up to (2) unregistered vehicles on someone’s property.
Andy Smith said this did not come to the Zoning Board for an exception but we could make an appeal to the Selectboard to enforce a Zoning Ordinance but we are not the code enforcers. If we feel we still have enough questions, we could pursue it with the Town attorney.
Bill Briggeman said he is also curious how Along the River has designated these cabins?
David Scalley said they are not a cabin they are an RV because they are on wheels.
Bill Briggeman asked what have they done because of that? As a follow up if you treat it this way, you’re obligated to register it and if you are not treating it this way, how are you treating it?
David Scalley said he could ask Robert Lamoureaux that.
Bill Briggeman said it seemed like it was a good question. How else will we get clarity? We need to know what they are doing with those 2 cabins/RVs.
David Scalley said he would ask Robert Lamoureaux but Robert Lamoureaux is going to ask him the same question David Scalley was about to ask the Board. What is the difference if it was 2 campers or 2 RVs? What do I tell him? What he is doing with them is none of our business.
Bill Briggeman asked if Robert Lamoureaux owned them?
David Scalley said yes.
Bill Briggeman asked if he owned the other RV’s?
David Scalley said he owned a lot of them. Just like Carl Brooks, they own them but they rent them. People do not have to bring campers with them now, they have campers to rent.
Diane Rombalski asked if they were 4-season park models?
David Scalley said campgrounds up here are not allowed to be 4-season.
Diane Rombalski asked how the plumbing worked?
David Scalley said just like a camper. It’s a quick connect/disconnect. It’s the same thing with KOA and Carl Brooks campground. They have a meter next to them and its just plug and play. If you need to move them you disconnect and drive away. The lawsuit with Campton New Hampshire deemed if you can hook up or disconnect within an hour it is considered moveable.
Diane Rombalski said she thinks the difference with Boulder Motor Court is they are on concrete slabs with more permanent plumbing.
David Scalley said his argument to the State was he could take his house off its foundation with a crane, is that moveable and nontaxable? The decision was it has to have wheels to qualify.
Diane Rombalski sked if you own an RV or a 5th wheel, do they have to be registered?
Andy Smith said that as David Scalley said they are allowed (2) unregistered vehicles on their property.
David Scalley said if you own an RV, you register and insure it to drive it on the road. I went to Montana and I rented an RV at a campground. Campgrounds do have RV’s they can rent.
Diane Rombalski said she was not arguing that but in general if its an RV then call it an RV and register it.
Andy Smith said the middle ground with this is it is a
Park Model RV and that complicates it. That is not addressed in our Zoning.
David Scalley said it is not addressed in the State regulations either.
Andy Smith asked why they asked for a building permit?
David Scalley said he will be putting a deck on it and there is an electric pedestal next to it and that stuff needs to be inspected.
Andy Smith asked what’s the difference between that and a regular RV pedestal?
David Scalley said he also inspected those as well.
Andy Smith asked if this was already an existing campsite?
David Scalley said it was but he updated the electric, the sewer and almost the whole campground so it needs to be inspected. He is doing what Carl Brooks and KOA did and they upgrade them a section at a time.
Andy Smith said the minute you issue a building permit its not an RV anymore.
David Scalley said it is.
Andy Smith said you don’t issue building permits for RVs.
David Scalley said he did for Boulder Motor Court
Andy Smith said those were not RVs
David Scalley said they were Park Model RVs. Same with KOA, they have Park Model RVs. They run electrical, plumbing, and sewer.
Diane Rombalski said it is like they created a hybrid. Its one of those things were the ordinances and RSAs are behind and have not been updated. There is a whole movement out there to do tiny homes for homeless vets and I think that is amazing. In terms of people trying to have their first house, they are fantastic opportunities.
David Scalley said the State was trying to work on something so you could have compressed tiny home developments because we don’t have enough housing.
Diane Rombalski said the standards are better now than they were in the 70’s. Trailers from the 70’s didn’t have the ANSI standards. These are now sometimes better than the stick houses built in the 70’s because now they have to meet the ANSI standards. I am not for or against it either way, it’s when you’re stuck and you need to use your ordinances and RSAs and they have not caught up yet so you’re trying to figure out how it all fits.
David Scalley said he was all for people upgrading and making life safety issues better. Wherever we can get that as a town is a plus for everybody.
Andy Smith said there is a building permit that was issued, and again we are not the enforcement body but there were questions on if these violated the setbacks?
Andy Smith said he thinks the tax question was relevant because it determines if it is real estate or not.
David Scalley said its not going to be taxed because it has wheels.
Andy Smith asked if the Board wanted to pursue this with the Town Attorney? Do we want to accept that the permit was issued and signed off on?
Bill Briggeman said it seemed like it would be worth while to check with the attorney.
Diane Rombalski said if the information provided to us is correct, it is on wheels and it not permanently plumbed in I think its not our issue and to not pursue with the Town attorney.
Karen Moran said she tends to think that the definition of a building is pretty clear. The fact that it does have wheels is pretty clear. The wrinkle is when you drive by it from the street it looks like a building. That’s what got everyone talking. Clarity is always a good thing but I am not sure I want to spend the Town’s money on a question like this.
Diane Rombalski said there is too much vagueness out there she didn’t believe they would get a clear answer. Diane Rombalski did her own research and the biggest thing that came up was as long as they are 400 square feet or less then they are not regulated.
David Scalley said we have already been down this for 4 years. I was a Selectmen for this Town for 9 years and the last 5 of those years all I did was legal for the Town. You are going to be spending the Town’s money for nothing. We spent a lot of money on this with James Phillips to find out we were not correct.
Karen Moran said she is waiting for voting and hoping they vote to redo our Zoning Ordinances so we can update them. The State changes the rules every year and even if we were right on top of it, we are still a year behind.
David Scalley said look what the State just did to us last year with the ADUs. No Town in the State of New Hampshire has an option anymore. Even if there RSA says no ADUs the State says yes.
Andy Smith said he was not hearing a consensus to go any further. It would be nice to be more educated on this but not to take any further steps.
Zoning Board was in agreement with Andy Smiths Statement.
David Scalley asked if they were going to have a motion on the decision so it is in the meeting minutes?
Diane Rombalski made a motion that they would not pursue any further and would allow the (2) Park Model RVs for Along the River Campground. Karen Moran seconded the motion. All were in favor and motion passed to allow the (2) Park Model RVs at Along the River Campground.
Item #6: New Business / Other Business
Deb Cornish who owns a 2nd home over on 243 Parker Road asked the Zoning Board for permission to speak as she was not a resident of the Town but wanted to voice her concern over the Casella Transfer Station. Zoning Board granted Deb Cornish permission to speak.
Deb Cornish started off by thanking the Zoning Board for their services for the Town. Deb Cornish said she was here on a matter that was not yet before the Zoning Board and it was in regards to the proposed Casella Waste Transfer Station that has been a discussion in previous meetings. Deb Cornish said she had sent the Zoning Board a letter 2 weeks ago and she would like to read it out loud.
Steffanie Apostle told the Zoning Board Deb Cornish’s letter was not in their folders because Casella was not on the agenda but that she had forwarded the letter to all of the Board members for Zoning, Planning and Selectboard. It was the first letter they received.
Deb Cornish letter below:
Members of the Planning Board, Zoning Board of Adjustment, and Select Board
92 School Street, Carroll
PO Box 146
Twin Mountain, NH 03595
Re: Casella Waste Systems Proposed Transfer Station – Twin Mountain, NH
Dear Members of the Boards,
I am submitting this letter for the record regarding the proposed Casella Waste Systems commercial solid waste transfer station in Twin Mountain, within the Town of Carroll. I am the owner of a home at 243 Parker Road, a location that directly abuts and is immediately adjacent to the proposed site. My property, along with others nearby, would be directly impacted by this development.
According to information presented in town reports and public meetings, the facility would handle up to 200 tons of waste per day and introduce an estimated 20–30 additional garbage truck trips daily, many traveling within a few hundred feet of nearby residences.
While the site is zoned Industrial, this designation does not exempt the proposed use from the Town’s zoning standards. Industrial zoning allows certain uses only to the extent they do not become unduly obnoxious, offensive, or detrimental to neighboring property owners or the public welfare. Nor may they emit odor, dust, or noise that threatens health, safety, comfort, or property, as explicitly stated in Sections 510.1 and 510.2 of the Town of Carroll Zoning Ordinance (see attached Exhibit A).
The scale and intensity of the proposed transfer station appear to exceed what would reasonably be considered compatible with the surrounding community. The site is located along Route 3, designated as part of the Presidential Range Scenic Byway, and is in close proximity to the Ammonoosuc River and the Little River, both part of the Connecticut River watershed. These rivers support fishing, wildlife habitat, and sensitive downstream ecosystems. The introduction of frequent heavy truck traffic, industrial noise, odors, and visual impact would adversely affect nearby properties, the natural environment, and the scenic character of the area.
Based on the ordinance and the impacts described above, I respectfully request that the Boards consider these factors in their review and determine that the proposed facility does not meet the standards for approval under the Town’s zoning ordinance, including but not limited to Sections 510.1 and 510.2.
Thank you for your time and consideration of this submission. I ask that this letter be included in the public record for the application and would appreciate confirmation that this email has been received and entered into the public record.
Respectfully,
Debra Cornish
243 Parker Road
Twin Mountain, NH 03595
Zoning Ordinances referenced in Deb Cornish letter is below:
Section 510. Prohibiting Uses Which are a Nuisance or Detrimental to Other Property or the
Public 510.1 General Prohibition on Nuisance Uses Carroll, N.H. Zoning Ordinance As Amended March 10, 2020 Page 26 No land within the Town of Carroll shall be used in a manner which constitutes a public or private nuisance, or which is otherwise unduly disorderly, unsightly, obnoxious, offensive or detrimental to the public welfare or to the owners or occupants of adjacent property. 510.2 Emissions No use shall emit odors, dust, smoke or noise which cause a hazard or danger to the health, comfort, safety or welfare of any person or which have a tendency to cause injury or damage to property, businesses, or vegetation.
Andy Smith thanked Deb Cornish for her input and said this would be put into the minutes for the meeting. Andy Smith said the Board had received her letter and that Deb Cornish was correct in reference to the Town has not received any paperwork or application from Casella for either a variance or an exception. Andy Smith said as of right now there is no application to put Deb Cornish letter with but that it would be put in these minutes and held onto for when Casella does come to the Board.
John Cornish who is also on Parker Road got up to speak to the Board. In addition to what his wife (Deb Cornish) said to the Board he had a few other thoughts. John Cornish asked the Board to please consider the negative impact Casella would have on the abutters. Our property does go from Parker Road to Route 3. John Cornish said he does business in Massachusetts with Transfer Stations like this one and they smell. You can smell them for miles and whatever direction the wind is going the smell is going. This will affect the people. The trash around the facility by his business as you get closer and closer to the facility there is more and more trash all along the road. The closer you get to the facility the thicker the trash is on the road. It is very negative and the people around that area and work in that area all hate it. This has affected their children and their woods and their highways. John Cornish said he really hopes the Board thinks long and hard about this when considering the Casella proposal. There are ordinances that say things that are kind of vague but they are there and it depends on how the ZBA interprets them.
John Cornish thanked the Board for their time.
Andy Smith thanked John Cornish for his comments.
David Scalley spoke to the Board as a resident and not the Building Inspector. David Scalley asked if the Master Plan for the Town allows this type of facility in this area? The Master Plan focuses on the beauty of the Town and the tourism.
Andy Smith said you can look at the Master Plan and look at the Zoning Ordinance but we have nothing to go on. Is it 100 sq. feet or 1,000,000 sq. feet? We have no idea what they are proposing. I was not at the Selectboard meeting but had read in the paper their conceptual plan. Beyond that I have no comment. We are not in a position if we don’t know what they are asking for.
David Scalley said that was fair enough.
Deb Cornish said she had read previous meeting minutes where Andy Smith said he would need to recuse himself from the Board for Casella and Deb Cornish wanted to know what his involvement was with Casella.
Andy Smith said he owned the real estate company that is involved with listing the property Casella wants for sale. Andy Smith said they represent the owners of the property.
Item #7: Adjourn
Karen Moran made a motion to adjourn the meeting and Lisa Gemmer seconded it. All were in favor and motion to adjourn the meeting was passed.
Meeting was adjourned at 7:18pm