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Minutes of 2/3/2022

February 8th, 2022

Planning Board Minutes of 2/3/2022

Town of Carroll Planning Board
Meeting Minutes
February 3, 2022
7 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, Vice Chairperson Austin Alvarez, Julie Rosebery, Donna Foster, Tom Godfrey and Selectmen’s Representative, David Scalley.

Public present: Mr. Harry Burgess

Minutes were taken by Austin Alvarez.

1. The meeting was called to order by Chairperson, Alex Foti, at 7:01 PM.

2. Alex led in the Pledge of Allegiance.

3. The minutes of the January 6, 2022 meeting were approved unanimously on a motion by Donna Foster, seconded by Julie Rosebery.

4. Old Business: A Minor Subdivision Application was presented by Harry Burgess, representing Gene and Tina Lennon, Lennon Road in Carroll, NH, Map 407, Lot 010. Mr. Burgess distributed the plans to the Board Members present for information. Chairperson Foti reviewed the application and found it to be complete with the exception of the zoning designation and review/approval by the Road Agent and Fire Chief. A motion to approve the application was proposed by Julie Rosebery and seconded by Donna Foster. The motion was approved unanimously. The plans were further reviewed by the Board and Member David Scalley noted that Lennon Road is a state road and therefore the driveway entrances to the road must first be approved by the state before the subdivision can proceed. Chairperson Foti reviewed an email from abutters, Robert and Christina Shepard, dated January 27, 2022, that requested the definition of a minor subdivision and asked, “Will they have multiple driveways or one road in and out?” The Shepard’s concern is they do not want the driveway opposite their home to avoid headlights facing the home in the evening. The Board discussed the comment and David Scalley noted that the State DOT would have to approve the driveway locations and the Board would have to abide by the state decisions. The Shepard’s requested that the proposed plan be forwarded to them for review. In addition, Donna Foster noted that the driveway to Lot 10 crossed a snowmobile trail and suggested that the owners contact the local snowmobile president, Brian Mycko, to resolve the location of the intersection. Chairperson Foti requested that Mr. Burgess update the plan to include the zoning designation and to request State of NH approval of the driveway locations proposed on the plan. Mr. Burgess said that he would contact Brian Mycko prior to the next review at the March 3, 2022 Planning Board Meeting.

5. Old Business: Reading from his notes, Chairperson Alex Foti provided a verbal update of the Town of Carroll Select Board versus the Town of Carroll Zoning Board of Adjustment in a State of NH Superior Court Case, regarding the January 7, 2021 Planning Board approval of a Ledgewood subdivision application to allow a driveway to serve a third lot and to waive the road frontage and driveway definition requirements. Chairperson Foti agreed to allow Member David Scalley to read a summary from the recent February 1, 2022 Select Board Meeting minutes, that was read to the public. To summarize, the Supreme Court decided in favor of the ZBA and, although the Select Board does not agree with the decision, they have accepted the ruling and will not pursue their objection any further. The Select Board further thanked the Planning Board and ZBA for their hard work and looks forward to working with both the PB and ZBA. The Select Board spent $12,475 and the ZBA spent $4,641, totaling $17,116 on attorney fees for this case. Chairperson Foti stated that there were lessons to be learned from these actions: (1) the costs of litigation to the Town of Carroll, (2) the alienation of the respective Boards within the Town of Carroll, and (3) the damage to the personal relationships and credibility of the members of the respective Boards. He recommended that in the future the members of each Board should focus on these lessons learned and work with mutual respect toward and understanding of the members of the other Board.

6. New Business: Omni Mount Washington Resort Approval of Sprung Building Renewal of Use, Map 211 Lot 14.1, was presented by Chairperson Alex Foti. Alex presented a summary of a Planning Board Decision of November 11, 2018, stating that the site plan application was approved for the five-year extension for the Alpine Club with the condition that Omni Mount Washington Ski Area come before the Planning Board in three years with plans for a permanent building. The three-year period expired on November 1, 2021. Representatives for the Omni Mount Washington Resort or Ski Area did not attend the meeting. After some discussion, it was suggested that the Planning Board compose a letter to send to the Omni Mount Washington Resort to request an appearance before the Planning Board at the March 3, 2022 meeting to address the plans for a permanent building to replace the Sprung Building.

7. Adjourn: The meeting was adjourned at 8:45 PM by Chairperson Foti.

Respectfully submitted, Austin Alvarez