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Minutes 7/1/2021

July 8th, 2021

Town of Carroll Planning Board
Meeting Minutes
July 1, 2021
7:00 PM

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

Planning Board Members Present: Chairperson Alex Foti, Brian Mycko, Austin Alvarez, Julie Roesbery, Donna Foster, Selectmen’s Representative David Scalley

Public Present: Imre Szauter, Lisa Harley, Planning & Land Use Secretary, Ken Mills, Evan Karpf, Thomas Smith, Cathy Conway of Horizons Engineering, James Phillips.

Minutes Taken By: Judy Ramsdell

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 June 3, 2021 Minutes
Julie Roebery made a motion to accept the minutes. Austin Alvarez second. All in favor, no opposed. The minutes of June 3, 2021 are approved.

Item 4: Site Plan Review Application – Evan Karpf on behalf of Birchwood Commons, LLC, for additional use to include Residential Apartment at 529 Route 3 South, Twin Mountain, NH, Map: 206/Lot 074-010-000. This property is zoned Residential Business (RB). Suites 2, 3, & 4 to be used as apartments.

Mr. Karpf said this is actually the three remaining rooms of the building. Hasn’t been able to get retail rentals, but people are asking for residential rentals. Mr. Karpf said this will meet the needs of the town. He knows he will need to do items in relation to fire protection. Mr. Karpf has reached out to Jeremy Oleson, the Fire Chief, but has not heard back from him yet. He will definitely meet with him and meet all the requirements in reference to the fire codes. He has submitted an application which he will review with the Board.

Mr. Karpf said this application is for additional use to include a residential apartment at 529 Route 3 South. Map 206/Lot 07-010-000. This property is zoned Residential Business. Suites 2, 3, and 4 will be used as residential apartments. Mr. Karpf is the owner and has the right to represent Birchwood Commons, LLC. His address and Birchwood Common address is 63 Airport Road. The three units that are left were motel rooms. They were designated as suites 2, 3, and 4. He is requesting a conversion of these units to a residential apartment. He provided a list of abutters, and he received notification they were notified. He has been here three times before for this property. The total acres of the property is 4.4 acres. Most of the questions are n/a because it is an existing building, and there will be no change in the existing footprint of the building. He will meet with the Fire Chief and consult with him to review the proposed provisions for fire protection. He realizes if his application doesn’t meet the fire codes, his application will be denied. In regards to the Road Agent, he has to apply for a permit with the State of NH DOT because it is on the state road. He is not planning to change access unless the state requires him to. In regards to the septic system, it is far more than adequate. A second tank has been added to one side of the building, and the other side has the existing system. Prior to that it was a motel so utilization of shower and bathrooms was far greater. Doesn’t expect any difficulties in regards to septic. The units are all on their own meters. Chair Foti said all he is changing is the use from a paperwork perspective. He is adding a use. He has got approved in the past for retail, just adding the residential use. Dave Scalley said he has already changed the use from a motel to residential on the units he has already done. He is just going to be doing the same thing for the last three units.

Chair Foti said the first step is to accept the application as complete.
Brian Mycko made a motion to accept the application as complete. Julie Roesbery second. All in favor, no opposed. The application is accepted as complete.

Chair Foti said that we can move to the public hearing. Lisa Harley, Planning & Land Use Secretary, verified the application was advertised as a public hearing and abutters have been notified.

Austin Alvarez asked if there was a drawing of the building, and Mr. Karpf said he did not bring it with him tonight. Mr. Karpf said on the east side (left side facing the building) is comprised of 3 past existing motel rooms, roughly 320 square feet each one has a bathroom, tub with shower and commode. It is a square room before any renovations are made. The electrical service has been upgraded for the entire building. Two of the three rooms he is asking to utilize won’t have much change at all. One room will become a kitchen. The walls are paneling, floors are plywood, and the ceilings are suspended ceilings. He expects to sheet rock the ceilings, recarpet the floor, and put down a linoleum in the kitchen and install appliances. Room 2 will be a bedroom with a bath and shower, Room 3 will be the kitchen, and Room 4 will be the second bedroom. Chair Foti said it would be helpful to bring a layout, as we have to go to the next meeting anyways to approve. Mr. Karpf said that he will bring a layout to the next meeting. He already has diagrams of the building, and he can’t believe he forgot to bring them tonight. Donna Foster wanted to verify how many apartments are being added. In total he changing those three rooms into one apartment with two bedrooms. Dave Scalley asked Mr. Karpf to bring in a drawing of what is there, and label what is being changed so we know those are the apartment units. Dave also asked Mr. Karpf to get a design of the existing and/or new septic plan so we know it is adequate to handle what we are adding. Evan said one should be on file here at the town office, and tanks have been added. Dave said he may be better off to go through the state to get the original plan through the state rather than to have us try to locate it. Mr. Karpf said he may have it. Dave said what the planning board is doing is accepting the fact he is changing three hotel rooms into an apartment. Everything else will be between the Fire Chief and Building Inspector. Exterior lighting plan will not be changing? Mr. Karpf said there is no lighting change. There are already apartments in that wing. No change to the exterior at all other than maybe putting in new windows. Dave asked for the state approval for the driveway for the next meeting.

Ken Mills said he is speaking in favor of this. His wife is a nurse at Weeks Hospital, and they have a lot of traveling medical personnel, who need places to live. It is difficult for them to get housing. Housing is much needed. Dave said that will meet our master plan goal for more housing as well. Mr. Karpf will be at the next meeting on August 5th.

Item 5: Site Plan Review Application – Boulder Mountain View (Boulder Motor Court) James Phillips & Melissa Burke/Map 418-001-000-000. They are looking for construction of a 16’x20’ Pavilion, removal of existing office, three-bedroom house, and the replacement of this structure with a 25’x46’ barn to be used as a three-bedroom rental, and an electric car charging port with solar panel canopy.

Alex said he needs to recuse himself as Mr. Phillips is his client. Lisa Harley is recusing herself as she is an abutter, and she is not taking minutes tonight. We don’t have a Vice Chair at this time. Austin Alvarez offered to serve as Vice Chair.

Boulder Mountain View Phase II – Cathy Conway with Horizons Engineer will go through the application. Mr. Phillips was in attendance as well. Looking to construct a pavilion, remove the existing house and replace it with 25’ x 46’ foot barn with a three bedroom rental, and also create an electric car charging port.

Name of the Project: Boulder Mountain View, Phase II
James Phillips and Melissa Burke are the owners. First sheet of the plan is the existing condition sheet which includes property lines with bearing and distances. The lot is 1.92 acres. Abutters are shown. Existing structures, roads and landscaping are shown. Mr. Phillips has started replacing some of the existing units with new units. This plan shows some of the units that have been replaced over the past year. Sheet C-3 shows what has already been done and what is remaining of Phase I as well as what we are looking for approval for. The white house down front is the house that is being proposed to be removed and will be replaced with the new structure. Parking area down front will be reconfigured so it is a little more organized, and that is where the solar car charging port will be. The pavilion will be added up towards the back of the property. It is a simple structure with posts and a roof. No changes to the access road. Buildings shown in the light color have already been replaced. Darker shaded ones, as part of Phase I, have not been changed out yet. Existing and proposed grades: are not really changing any of the grading so we are asking for a waiver on the storm drainage plan. Not changing the impervious area or any of the drainage so didn’t think they needed to do the stormwater drainage plan. There is a wetlands, bu they do not impact that wetlands with this project. Not in the 100-year flood elevation. Sewage facilities are shown on the sheet after Sheet C-4 , which is the erosion control details. It shows the septic plan that was designed back in 2019. This system has not yet been replaced. The design is on sheet C-5 , which has the design detail. It appears the board did not have copies of Sheet C-5. Cathy shared her sheet with the board. She said the septic system was designed and approved in 2019. It is off-lot, and Cathy pointed out the system is designed for a three-bedroom house, one, two- bedroom park model rv, and nine, one-bedroom park rv’s. Removing the existing three-bedroom house and putting in a new three-bedroom facility so there will be no increase in flow. There does not need to be any changes to this septic system design. Dave Scalley asked if the septic system needed to meet any requirements for guests at the pavilion? It is based on units on site. The pavilion is for use by the guests who are staying there. It is not for outside gatherings. Dave asked if the new barn with the three bedrooms was included in the original plan? Cathy said that the barn was not in the original design. In the original design, they designed it for the existing white house which is there now. The white house is getting demolished, and this new building is going in its place. When is the new facility septic system and leach field going to be installed? Mr. Phillips said it should have been installed last month. They are hoping this month. Dave Scalley asked what has changed in this design verses what was approved in 2019? Cathy said nothing has changed except we are removing the white, three-bedroom house and putting up a new, three-bedroom barn. No other buildings are changing. We are adding that pavilion. Everything else that was approved in 2019 is staying the same. Architectural drawings are available in the plan. Mr. Phillips is putting up a barn or structure that is kind of more in keeping with the look of the units that he is putting in there now. That new structure will be rented as a three-bedroom home. Dave asked if that was larger than the three-bedroom house that is there now, square footage wise? Dave asked if there were more sets of the plans, and Cathy said she had dropped off five sets of the plans. Lisa obtained the other sets. In terms of square footage, Cathy said to look at Sheet C-3. You can see the existing home, and the proposed building is smaller. It is also set back so it meets the setback requirements. The new building proposed is smaller. 2019 did not contemplate demolishing this building so that is why they are here tonight because at that time they were going to keep the white house, but now they are looking to demolish and put up the new structure. The pavilion was not part of the 2019 plan, and the electric car charging station were not part of the original plan. Mr. Alvarez asked Cathy if she could put together a chart of what was approved in 2019 verses to what they are proposing now. It would be helpful, and Cathy said she could do that. Cathy said on the first page of the application they outlined what they are proposing now, but she will certainly do a table. Dave said it may not be a bad idea to get a copy of the letter of approval from 2019 so we can review what may or may not have been approved. Dave said it was approved because it was existing, and we are replacing the same like and kind. Cathy said with this new structure they are asking approval for tonight, we are sliding it back so it meets set back requirements. Nothing else has changed on the plan from 2019. It is what was approved in 2019, with the exception of the pavilion, the barn that replaces the house, and parking down by the white house which includes the solar charging station. Dave asked if she can include the 2019 plan set that was approved so they can go back and forth. Dave said the road connects, but that is not shown on the current plan. It would be helpful to see that 2019 plan. Sheet C-3 shows the units that are not gray are the ones already put in from the previous approval. Want to make it clear what has been put in. Dave said it appears on drawing C-3 the road location is different. Cathy said that was part of the plan in 2019. Cathy will get that 2019 plan and bring it to the next meeting. The only thing changed on that plan is the units that were installed are shown, others are in gray to show they have not been done yet, and tonight we are asking for removal of the white house, replacement with a barn, addition of a pavilion, and everything else is what was approved in 2019. She will bring that plan next month so it is an easy comparison so you can see what was done back then. She will also bring a chart/table with unit numbers and what has changed. Three of the units have been replaced. There is a detailed sheet with erosion control details and you have the architectural drawings of the proposed building. Cathy did send the plans to the fire chief and road agent for their review and input. Dave said he has seen copies as the building inspector. There are no state permits necessary for this, as they under 100,000 square feet and they already have septic approval, not impacting wetlands so there are no state permits. Asking for a waiver on the stormwater drainage plan. Dave would like to see a septic design approval by the state showing all the units, the plan from 2019 to show what was approved by the planning board and zoning board at that time. He likes the fact moving the cabins further away from the property lines. Dave asked if they have considered a driveway permit application for Fieldstone Lane for the car charging port. Cathy said they are using the same driveway so not really changing the use, but if they need to get a town driveway permit, they certainly can do that. Dave said they are actually changing the use of that driveway. Three things Dave would like to see before the next meeting: driveway permit for the new car charging area, the 2019 plan accepted by the ZBA and planning board and approval letters from them as well to be sure we are dotting our i’s and crossing our t’s. The septic design verifying that it has not changed. The septic design is not changed because they are just swapping out. They are abandoning the existing septic system. The one that is there now is not going to be removed just abandoned. Cathy had a copy of the state letter stating what is happening with the septic. He has an approval for a new system, which was hoping to be installed last month. He has the septic approval which meets all the requirements for the units that are being put in. Austin Alvarez said we have a proposal that we have to vote on to see if we accept this application as complete.

Bryan motion to accept. Julie second. All in favor, no opposed. Application is accepted as complete.

Cathy said she will provide the additional materials as soon as she can. This is just the application and we will approve it at the next meeting. She will include C-5 in the new set of plans along with the approved 2019 plan and the septic plan.

The application will be continued until the next meeting on August 5, 2021.

Item 6: Driveway Consultation for 28 Bill Barb Road, Map/Lot 407-055-004-004. New relocation for his driveway.

Dave Cryans, Northern Builders, John Regen, General Builder, and John Warren, abutter attended via zoom.
Dave Cryans said he apologizes for the confusion and misunderstanding on this whole deal. When he flagged out the driveway with John, the homeowner, he also flagged it out with his site guy, Shawn Dodge, and then Mike Carbonneau went back for the site plan and and not realizing that we staked out where we wanted the driveway, he put in the driveway where it is showing on the site plan. Where it is showing on the site plan, it is way too steep for where the house is. We are trying to put it at a curbed angle to take away from the steepness of the driveway so you don’t have the runoff running down to the house. That was our thought on that, and Mike didn’t see the stakes. It is not so much a sub-division, but John has a house lot there that we are building a residential home on. It is a single lot. Dave Scalley said he came for a driveway permit and the driveway came straight down to the house off the hammerhead. Mike made a loop which is an easier route to get in. It is currently a driveway that services two lot so it serves 55.2 and 55.3 and the owner of that is John Warren. John had said way back when that he didn’t want it to go through. It is steep there. What they want to do now is add an additional lot to this driveway so there will be three lots for one driveway. John Warren is the owner of the two lots the driveway serves. It was supposed to come off the hammerhead, but Dave Cryans is correct, it is steep. Alex asked what jurisdiction the planning board has? Dave Scalley said they are coming to the planning board allows the rules and because of the third lot off of on driveway so it is one driveway serving three lots. Our rules and regs say only two. It is a very steep driveway. John Warren the abutter said he is absolutely in favor of doing this and has no problem with where he has placed the driveway at all. Alex wants to ask our select board representative because we were in a pickle with this third lot off of on driveway recently, which didn’t make a lot of sense to a lot of us. The select board fought it tooth and nail. What is different about this that the select board would feel comfortable with? Dave said he is not speaking for the board but to feel comfortable for this, not to get involved with the previous lot, but this one lot already has frontage, is already an approved lot in the sub-division existing. He has a predicament that coming off hammerhead is just too steep. Chair Foti said it makes perfect sense to him. Dave Scalley said it was designed to have two lots off of one driveway, which meets our rules and regulations now this third lot is too steep to access off the driveway that they have there so they want to come off the existing driveway. David said that the board would need to see this as a hardship. Alex said it certainly meets the criteria. Alex said he is surprised it was approved initially. Dave said he said at the last meeting that we are running out of land and property in the town of Carroll that will meet our rules and regulations for steepness of driveway and roads. There isn’t much left. Alex asked how do we do a waiver for something that is technically not a site plan application? Dave Scalley said that he will have to come through with a site plan application. Dave said there has been a couple of driveways that we have approved through the zoning, i.e. Ben Jellison which was a hardship case because he couldn’t get a curb cut from the state. Alex said it makes sense. Dave Scalley said he just wanted to bring everyone up to date on this. Brian Mycko said it just common sense. Dave Scalley said the applicant should come in with a site plan application. Alex said if they could come in with a minor site plan application. We need something to approve. Lisa will help with the process, but we can do it at the next meeting on August 5th. Alex said it is a hardship situation so you want to come and make the case of why making this change is necessary due to a hardship. Dave Scalley said you need to come to the board and explain what your situation is why you need to have this done. There is an application to be completed prior to that meeting. Lisa can help with that and we will see them at the next meeting.

Item 7: Thomas Smith, LLC Conceptual Review for Subdivision Plan Route 115

Thomas Smith, licensed land surveyor, was in attendance for his client Forrest P. Hicks, II for Tax Map 407/Lot 54-2, Volume 1565, Page 525 and across the street Tax Max 407/Lot 66-2, Volume 1565, Page 525. These are large lots, one side of the road, the westerly side, is in excess of 100 acres, and on the right-hand side is around 22 acres. Forrest came to Thomas and wanted to do a subdivision of both these properties. They did conduct a survey. The wetlands were formerly flagged out and located. This is the design they came up with up: Four lots on left hand side of the road, all totaling 25 to 30 acres. On the easterly side looking at three, 7 ½ ace lots. No new roads, they are working with existing frontage. The first thing they did was the research with DOT re: the curb cuts and accesses we potentially could get up there. When they redid that section of road 40 to 50 years ago, they actually granted three accesses on the westerly side and two accesses for the easterly side parcel. Been in touch with DOT who reviewed it and said they would still honor that. He has to bring them a formal plan, but he wanted to talk to the town first before we went any further with that. Dave Scalley asked if the state is going to allow them the three additional curb cuts on Route 115 and you are going to use the existing one? Thomas said that they are proposing instead of using the three that were granted for this side doing two and doing shared right of ways coming in. In the middle of the lot between the wetlands we have got there and the steepness coming off the road it wouldn’t be great. This was just recently cleared. They would be coming in right by Bill Barb Road, that is where their landing is right now for that, and carrying the 50-foot right of way through into the next lot where there is a house lot in there. They would be using the 50-foot right of way into the lot where they have the building lot. Dave asked if they would be using Bill Barb Road, and Thomas said it would be a new entrance. Bill Barb Road and where there landing is located is pretty tight in there. Dave Scalley said the Bill Barb Road is where the driveway is supposed to go, but it all drops off there. Dave said to make sure we are all on the same page, make sure we clarify the driveway issues. Thomas said that he is trying to use existing accesses. Up on one end of the other lot is also an old constructed access to the property, probably put in 50 years ago, which is there and just needs to be cut back out. The material is already there, and you could drive a pick-up down there. We are trying to work with what is already there. On the other side they are looking at two accesses, one being shared for those lots and where their existing logging access is. Trying to flip that back over into a residential access. It will be one driveway for two lots, and on the other side three by DOT, but they don’t want to go that route. If a potential buyer wants to pursue that on that side, that is their problem. Dave said once you go through DOT and subdivide this and it gets all approved with just the two entrances you effectively lose that third entrance. The third entrance is granted in the highway plan. DOT has been accommodating with that. The wetlands have been delineated by a licensed septic designer so they follow the criteria of what would be needed for state septic approvals. Bearings and distances you see are formally surveyed. Any other requirements to be shown on plan to bring before a public hearing? Any red flags or questions the Board has? Topo is 5 foot. Based on state septic rules, we can design on a slope no greater than 34%, and these average 18-25%. Driveway regulations allow 12%. They would have to do a switchback. Thomas said that would be up to whoever purchases the lots. They are not planning to build the driveways unless the town requires it. Dave said what we have to do now is to be sure the driveways can go in before we approve the sub-division. Dave said what we are coming up against now is driveways that have been approved that can’t access the lots. Alex said part of the plan when they come is to show a driveway that meets the criteria is: 10% on a road and 12% on a driveway. Dave suggested double checking our regulations. Dave would like to see the plan with the driveways, and if they can’t get the driveways they can come for a waiver. Dave said the sub-division plans can show house locations with septic systems. In keeping with that there are no requirements in the regulations for test pits. Dave said that there is a regulation to show test pits on that. Dave said we need the building envelope as well. Sub-division regulations section 4 is submission requirements on Page 13. These lots will all be served by private wells. Driveway question maximum grade on that? If we can’t meet it with natural grade, can we construct the driveway? How do we show that? Does it have to be built before the plan is approved or can we show it can be possibly met as far as the plan goes. Dave said the switchback is a way to get him where he is. Dave said people put the homes in where they want it, and then they have the problem with the driveways being too steep. Might have to change location so it sweeps down in. It does drop off. He will play around with it. Dave said he thinks he is on the right path, take the next step to fill out an application. He needs a sub-division application. Alex said that approval is 30 days after it is accepted as complete. Need 21 days for public notices, etc. We continue the public hearing until the next meeting for approval. Get all the information we need for the first shot so we are not asking for additional materials. Thomas said he will plan to get the application in next week and information for driveway test pits for the meeting. Dave said if we could get a set of plans before the meeting would be great.

Item 8: Vice Chair Mike Finn is resigning from the Planning Board.
Mike Finn has resigned from the Board. If anyone knows anyone who may be interested in joining the board, please have them let us know. Mike Hogan is resigning as well. Donna Foster said she will not be at the next meeting. Chair Foti say we may have an issue with a quorum for our next meeting. Donna said she can try to join in. Chair Foti said he is concerned how we proceed if we don’t have a quorum. Dave said we need to appoint another alternate like we did with Brian and Mike. Alex said he will contact NHMA. Alex thinks Dave is a full, voting member. Ken Mills said that for Planning yes and Zoning no. The board members discussed some possible candidates. If anyone can think of an alternate, please let Lisa know.

Item 9: Proposed sale of the Fire Station.
Ken Mills said he is representing the Select Board, and Dave Scalley recused himself from this discussion. Ken said he is here on behalf of the Select Board to request a formal vote from the planning board and a letter recording that the Planning Board recommends or doesn’t recommend that we continue moving forward with the sale of the fire department. Brian Mycko asked what deed restrictions were put on it? Ken said that has been covered and is reflected in the Selectmen’s Meeting Minutes of April 27, 2021. This was reviewed by the town attorney. There are deed restrictions so there are certain things they didn’t want to permit. Ken said this is just a formality. If the planning board wants to submit a letter they don’t recommend it, that is fine. Alex said what would be against selling it? There are covenants on the deed itself. Julie Roesbery said that the Historical Society was interested in the town keeping the fire station for gatherings in a bigger hall. Ken said that the warrant was passed, and we are not here to debate that issue tonight. Ken is just asking for a recommend or don’t recommend. Everything else is behind us, and we are just trying to move forward with a sale. Alex said there is not much more to discuss, and he feels we should move forward with a vote. Ken Mills said that this is a requirement of RSA 41:14-a that we take this matter to the Conservation Commission and the Planning Board for a recommendation or not. It is part of the process to go through before the sale of the land and/or buildings or both. We went through legal counsel, and there will be two hearings to be held on this. Ken said there are a few things that are required by RSA 41:14-a before they can bid it out for sale. Even though it has been approved, we have to follow the process outlined in RSA 41:14-a. Ken said the Select Board will have to hold two public hearings at least 10 but not more than 14 days apart on the proposed sale.

Alex Foti made a motion to recommend the sale of the fire station. Austin Alvarez second. 4 in favor, one abstained, motion passes, the Planning Board recommends the sale of the fire station.

Ken Mills said the revenue from the sale of the property will go into unanticipated revenue. That has come up on some questions.

Alex Foti said we need to vote on a new Vice Chair.
Alex moved to nominate Austin Alvarez as Vice Chair. Brian Mycko second. All in favor, no opposed. Motion passes, Austin Alvarez is elected as Vice Chair.

Item 10: Adjourn

Alex Foti motioned to adjourn the meeting at 8:25 p.m. Julie Roesbery second. All in favor, no opposed. Meeting adjourned at 8:25 p.m.