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MINUTES OF 10/7/2021

October 14th, 2021

Town of Carroll Planning Board
Meeting Minutes
October 7, 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, Selectmen’s Representative David Scalley, Julie Roesbery, Donna Foster, Tom Godfrey

Public Present: Lyn Stan, Thom Cook, Jason Bielagus, John Bielagus, Lisa Trainor, Joe Trainor, Anita Greer, Gardner Kellogg, Cheryl Rogers, Jason Rogers, Len Wood, Jason Sullivan, Holly Carter, Chad Charter

Minutes Taken By: Judy Ramsdell

Item 1: The meeting was called to order by Chairperson Foti at 7:01 p.m.
Item 2: Pledge of Allegiance
Item 3: Approval of September 2, 2021 Minutes

Chair Foti had some corrections to the minutes:
--On page two it states that Dave Scalley has one condition that we get final state approval – state approval of what? Dave said it was the final state approval for the driveway permits.
--On page two, in the sixth paragraph should be “accept” instead of except.
--On approvals instead of all in favor say aye, it should say: All in favor, no opposed.

Dave Scalley made a motion to approve the September 2, 2021 minutes as corrected. Julie Roesbery second. All in favor, no opposed, with Donna Foster abstaining. The minutes of September 2, 2021 meeting are approved as corrected.

The approval of the August 5, 2021 Meeting Minutes is tabled until our next meeting.

Item 4: Sub-Division Application: Gardner Kellogg on behalf of Dennis Rogers, who is looking to sub-divide Map 207-Lot 020-056-025 into four (4) lots on the corner of Mahyln Drive and U.S. Route 3.

Gardner Kellogg will present the application and mylar. Chair Foti explained that we first need to accept the application as complete.

Map 207-Lot 020-056-025 will be divided into four lots:
Lot 1 – 20.47 is the remaining land from the three other lots.
Lot 2 – 1.96 acres
Lot 3 – 1.21 acres
Lot 4 – 1.12 acres
The Board reviewed the application. They have received their state approval for the sub-division. It has town water on the main road. There is a snow machine easement shown on the plan. Copies of state approvals are received. Has not been reviewed by the Town of Carroll Fire Chief. Dave said everything looks good with the application. They have not yet spoken with Fire Chief or Road Agent. Chair Foti said that we are just accepting the application as complete tonight so they will have an opportunity to speak with them before the next meeting. Chair Foti said all the check boxes are completed. Dave verified that the sub-division, setbacks and road frontage are correct. Gardner said the frontage is 100 feet.

Dave Scalley made a motion to accept this sub-division application for DJR Realty LLC as complete. Julie Roesbery second. All in favor, no opposed. The application is accepted as complete.

Chair Foti said he is opening up the discussion for the board members. Any questions or comments?

Austin Alvarez asked if the access for all four of these lots is from Mahylyn Drive? Gardner said yes. What about Lot 1? Gardner said the access can be from Mahyln Drive, but the frontage is along Route 3. If they wanted to the access off of Route 3, they would need to get a state driveway permit. Gardner said they intend to keep it open. There is a conservation easement on that lot.

Chair Foti asked if there was an intent to build on Lot 1? What is the intent for the access to that lot at this point? Jason Rogers said they own another lot in the back, and they are looking for peace and quiet and protection. They were fortunate enough to be able to purchase this other lot. There is not much back there except for swamp. They bought this property to save the property in the back. It doesn’t allow much to be done with it, but that is what they wanted. It has to stay the way it is because of the conservation easements that are in there. There is no intent to build on that back lot. The only access will be on the snowmobile trail. Jason said he went to the snowmobile club already because initially when they first bought this the trail went up and down and they asked us if we could turn it a little bit and we said absolutely. Jason said when he went to the snowmobile club about a month ago, he told them we might have to 45 degree it again. We had been maintaining the trail anyways, keeping it open and keeping the trees out of it. Intent is to keep it open.

Dave said this is zoned residential business. What are your intentions to put there? Jason said single family homes. Jason said it his family who owns this. DJR realty is himself and his two brothers and their parents. The 12-acre lot with one cabin is getting too small. Kind of thinking of having their family stay here and still be on the whole property. Jason has two daughters who are 23 and 26. Jason said they went to Gardner and asked him what they can do that would be reasonable without making a mess. This is a nice plan that keeps everybody happy and keeps all the setbacks. Dave said his next question is does Gardner feel with the 100-foot frontage and setback requirements will they be able to fit a home properly on lot #3? Gardner said he feels they can. Jason said they are more than happy to move anything the town wants. Dave said he just wants to be sure they have enough room to fit a house in there. Jason said they are happy to do whatever somebody says. Jason said it is more for their kids.

Any questions or comments from the public? None

Chair Foti said that we will continue the hearing into next month and at the next meeting will take a final vote on whether to approve the application or not. They will come back in a month. Thanked the board for their time.

Item 5: Site-Plan Application: Jason Sullivan – Beechhill Campground, 970 Route 302 W, Map 207-Lot 002-000-000 is looking for Site Plan of existing campground.

Chair Foti said that unfortunately we are not able to hear this application tonight. The application came in exactly 21 days prior, which did not give us enough time to send notices out. We will have to hear this at our next meeting, which will be November 4th. The notices went out, and it will be in the meeting minutes that this application will be heard at the November 4, 2021 Planning Board Meeting as there was not enough time for the abutters to receive notices.

Alex said we talked briefly at the last meeting about looking at Gorham’s new application process and whether we want to streamline our application process.

Attorney Jason Bielagus said for the last application he wanted to confirm two things. Jason asked if we had received his letter, and Chair Foti said yes. Attorney Bielagus said he believes that part of our application process is that they need to submit a PDF. Chair Foti said yes, and Attorney Bielagus wondered if that has happened yet. The Board explained that the secretary left ill today so we do not know. The Board told Attorney Bielagus that we would get him an answer.

Chair Foti said we also discussed creating a warrant article for the next town meeting in the spring. That would be to clarify and help the townspeople understand what the process is with driveways. The lots that are now being built on tend to be more challenging based on our current regulations. We want to give some guidance on what to do when you just can’t meet those requirements. We don’t want to discourage people from building, but instead give them guidance on this and how you go about it. Dave Scalley said we should be able to give a waiver, but right now our driveway explanation is just a definition. Brian asked about waiving getting fire apparatus to the homes. Dave said that would be part of it, and we talked to town legal counsel today to see if we can copy and paste what they have done for a different town or a different area. We are hoping to have this done by December. Town Counsel will send us the language, and we will verify with him what the timing and hearing process is that is required. We are not changing the zoning ordinance. We are changing the sub-division regulations, page #2 for driveways. Chair Foti will follow-up with town counsel tomorrow to see what we need to do and what the timing requirements are for hearings, etc.

Jason Sullivan, Beechhill, gave the Board a copy of the final decision on the Supreme Court case Sullyville, LLC v. Town of Carroll.

Dave asked all the board members to please take the time to read this court case before the next meeting. Dave said this is a public document. There are two highlighted sections on the copy they left us. Brian Mycko questioned if we should be discussing this application, and Chair Foti said this is not the application—it is the legal findings of the court case. Dave said they had come across to the board with an application that we could not approve. This has been going on for four years. On page #4, first paragraph, last sentence: “When the owner of a nonconforming use voluntarily waives his or her right to continue it, it may not be continued or reestablished.” Dave said back in 1989-90, Jones pretty much waived his rights. That is what the court found. He gave up the right to use the back, the north section, of his lot which is residential for a campground. If you read the last paragraph, last sentence: “Because Jones waived his right to continue the nonconforming campground use in Lot 2 on Plan 448A, he terminated the right to continue it for himself and for any subsequent purchaser of the property.” It is in the deed—it says that he can’t do it. The owner who purchased it evidently didn’t read the deed close enough. We will find out next month what they are looking to do.

Item 6: Adjourn Meeting –
Brian Mycko made a motion to adjourn the meeting at 7:35 p.m. Dave second. All in favor. Meeting adjourned at 7:35 p.m.