Board of Adjustment Meeting Minutes

Minutes of 5/13/2021

May 20th, 2021

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


Minute Meeting
May 13, 2021
7:00 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

Due to Covid-19/Coronavirus crisis and in accordance with Governor Sununu’s Emergency Order # 12 pursuant to Executive Order 2020-04, this Board is authorized to meet electronically and did so through Zoom.

Members Present: Chairperson Aaron Foti, Vice Chairperson Andy Smith; Janet Nelson, Ken Mills, Sandy Pothier

Alternates Present: Diane Rombalski and Karen Moran

Public Present: Heather Brown, Imre Szauter, Ron Wareing, Rob Gauthier

Minutes Taken by: Lisa Harley, Recording Secretary

Meeting called to order at 7:02 P.M. by Chairperson Foti

Pledge of Allegiance

Ken: Mentioned that he has had unstable internet, and might ask to repeat at times.

Chairperson Foti reviewed the remote attendance rules:

--Reason we are having this meeting remotely is due to Covid even though the town hall is open now.
--Every part of this meeting must b audible or discernible to the public. If anyone is not able to hear in some way, please let us know via chat or in some way.
--All votes must be taken by roll call vote, and we need to identify anyone present at their remote location.

Aaron Foti is home alone.
Andy Smith is at his Bretton wood office with his dog.
Janet Nelson is home, son is home
Karen Moran is home alone
Diane Rombalski is at her office alone.
Ken Mills is in office with his wife.
Sandy Pothier is in office with her husband.

Aaron Foti introduced Lisa Harley (New Land Use Secretary).

Lisa Harley mentioned that it was nice to meet everyone.

Aaron-Next Item on the Agenda is Item #3 of the minutes on April 8th,2021. Does anyone have any discussion or amendments to the minutes they would like to make? Just to keep everybody on the same wave length there was a brief discussion last week about the necessity to be doing anything of this, Aaron did a little bit of reading this week. Aaron thinks it would be beneficial to amend minutes if there is an error. They are a record so if that record is wrong, we need to change it for everyone who is reading them.
As Ken pointed out last time it is not necessary to approve minutes. If anyone feels like there is a process change here, Aaron is all ears. The best way is to present it as an agenda item. Aaron doesn’t feel like we need to do this. Aaron still thinks if there is anything anyone see in them that is not correct or clear to the intended purposes it would be worth amending them.

Andy Smith—Still likes the process of asking people to review them.

Aaron-Any of questions on this.

Karen—Just a quick one, I do agree we should go over them, kind of forces us to recognize that we acknowledge them. On Page 2 where it is talking about this actually discussion, Karen thought it was important, as we were going back and forth, for staying consistency and accuracy for record that’s why you wanted to continue to do that.

Aaron—We need a motion to amend the Item 3 of our minutes that was communicated, that we are continuing to vote to approve, because that is what the rules and procedure calls on us to do. Aaron wasn’t really sure if that was the procedure or not, he asked if anyone really knows.

Karen—it has been the policy that has been followed.

Aaron—Needs a motion to approve with that amendment or others that would like to add.

Janet—Makes a Motion to approve the minutes and add Karen’s amendment as amended.

Andy—Second

ROLL CALL VOTE: Foti-AYE, Smith-AYE, Nelson-AYE, Mills-AYE, Pothier-Abstain

Motion carries with 4 AYE and one Abstention.

Aaron—The minutes from last meeting are approved. Moving on to the next item of business which is the EQUITABLE WAIVER OF DIMENSIONAL REQUIREMENTS.

Chairperson Foti Opened the Public Hearing

Chair Foti asked for the Secretary’s report.

Heather Brown—Confirmed everyone has been noticed, posted and all fees have been collected.

Chairperson—Foti Read the application for Equitable Waiver Article IV Section 403.4 of the Zoning Ordinance. No records found on enforcement actions in the last 10 years.
The cottages have been there for a long time, before the zoning ordinance was in effect and moving 5 cabins would be very expensive, very little benefit to the public.

Ron Wareing—Stated he doesn’t have anything to add, but will take questions from the Board.

Aaron—We only have an application for Equitable waiver,” What’s your Goal here” Aaron asked Ron.

Ron—Eventually the goal is a condo.

Aaron—Is there going to be a change of use?

Ron—Still going to be lodging.

Aaron—Wanted to know if he was going to building anything else.

Ron—No additional building or additions.

Andy—Asked since Ron purchased the place, has he added any decks that has increased setbacks.

Ron—Mentioned on the side of the restaurant they actually decreased and took off the front entrance.

Aaron—Any other questions from the Board?

Abutters—No comments.
Public—No comments.

Ken Mills stated that Robert Gauthier is present as the public and not here as the select board, and Ken stated he is here as just ZBA.

Chair Foti Closed the Public session, now going into deliberations.

Andy—Reading from Article 804.7, from Zoning Ordinance.

Ken—This manifested back in March, not sure how in depth you want to get in to the item 1-4.

Aaron—If this issue was before 1979 are we looking at the right section of the ordinance, or should we be looking at 302 of the ordinances.

Andy—doesn’t have anything to do with the use, it has to do with dimensions. The use has been grandfathered in.

Aaron—Read Section from the Zoning Ordinance 302. Board agreed it does not qualify for section 302.

Aaron read through the 4 requirements from section 804.7(a) of the ordinance.
(1) The violation as existed for 10 years or more with no enforcement action, including written notice, being commenced by the town, the nonconformity was discovered after the structure was substantially completed or after a vacant lot in violation had been transferred to a bona fide purchaser. No argument from the Board.
(2) The violation was not an outcome of ignorance of the law or bad faith but resulted from a good faith error in measurement or calculation. The board agreed this standard was not met.
(3) Does not constitute a nuisance nor diminish the value or interfere with future uses of other property in the area.
(4) The cost of correction far outweighs any public benefit to be gained.
The cost of moving 5 Buildings would be astronomical with very little benefit to the public.

Aaron proceeded to section 804.7(b) stating that this is in lieu of (1) or a (2). The board concurred that the applicant has demonstrated no enforcement action within the last 10 years.

Aaron—Showed we went through all the reasons that we should to grant.

Ken—Moves that the board approves the Equitable Waiver for the property lot 206-060-000-001, in Twin Mountain
Carroll based on the predict in depth, and deliver that the discussion we just had the minutes will reflect the deliberations we just had, moving that we grant the Equitable Waiver.


Andy—Wants to second the motion, but would prefer if it referred to the plan that was submitted, Twin Mountain Cottages and Condominiums surveyed by Gale River. It shows exactly what we are granting. It shows that we are granting the waiver based on the survey, and the setbacks.
Andy Second to put the map of the survey


Andy—Seconded Kens motion. Would make an amendment to the motion that we take the motion, and add to it as shown on a survey dated April 12,2021. Titled Twin Mountain Cottages and Condominiums, Surveyed by Gale River Survey LLC.

Aaron—We have amendment, any discussion on the amendment to include a map. Move to vote on the motion that was amended.

Andy—Moves that we vote on the motion by Ken, amended by Andy.

Ken—Seconded

Roll Call Vote—Aaron-AYE, Andy—AYE, Janet—AYE, Ken—AYE, Sandy—AYE

Aaron—This application has been approved. Aaron mentioned to Ron that there is always a 30-day appeal process.

NEW BUSINESS

The Board discussed to agree that the ZBA will go back to in person starting next month.

The Board discussed Legal Matter. Not much to do at this time, Noting on May 11th the Select Board approved legal counsel request.

Ken Mills Recused himself from the conversation and left the room.

Janet motioned to go into Non-Public@ 7:45 P.M.
Andy seconded.

Non-Public Meeting 7:45 back into Public Meeting 8:06PM. Minutes of the Non-Public Session were sealed by majority vote of the board.

No other New business.

Andy made a motioned to Adjourned
Aaron seconded.

Meeting is Adjourned at 8:12 PM