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Minutes of 2/2/2023

February 9th, 2023

Planning Board Minutes of 2/2/2023

Town of Carroll Planning Board
Meeting Minutes
February 2, 2023
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, Donna Foster, Rena Vecchio, Tom Godfrey and Selectmen’s Representative, Brian Mycko.
Public present: Mark Wheeler, Gardner Kellogg, Kevin Smith, Devin Bush, Michael Young, Megan Ulin, Terry Penner, Don Jones, Richard Gould, and Thomas Smith.
Minutes were taken by Tom Godfrey.
1. The meeting was called to order by Chairperson Alex Foti at 7:00 pm.
2. Alex led in the Pledge of Allegiance.
3. The minutes of the January 5, 2023 meeting were approved unanimously with one abstention (Rena Vecchio, who was not present), on a motion by Brian Mycko, seconded by Rena.
4. The application for Lot Line Adjustment for two lots on Dori Way was presented by Mark Wheeler, owner, and Gardner Kellogg, surveyor. The application was accepted as complete by unanimous vote on a motion by Brian Mycko, seconded by Rena Vecchio. The Chair solicited questions or concerns from members of the public or any abutters present but none were forthcoming. On further inspection, the application was approved by unanimous vote, on a motion by Mr. Mycko, seconded by Mr. Alvarez.
5. The application for Lot Line Adjustment between properties of Bayroot LLC, Gould Revocable Trust, and Plage Revocable Trust was presented by Tom Smith, surveyor, and Richard Gould, trustee. The application was accepted as complete by unanimous vote on a motion by Brian Mycko, seconded by Austin Alvarez. The proposed lot line adjustment moves the boundary between the Bayroot LLC lot and the two lots on Beechwood Drive (Gould and Plage) by 400 feet, adding 14.25 acres to the Gould lot and 23.46 acres to the Plage lot. Richard Gould indicated that the goal of the lot line adjustment is to provide access to the summit of beech hill, and to provide shielding in the event of future development on abutting land. The board reviewed emails received from abutters Jackie Smith and Drew Kellner in support of the lot line adjustment. The application was approved by unanimous vote on a motion by Rena Vecchio, seconded by Brian Mycko.
6. The AMC Highland Center Site Plan Review Application was deferred to later in the meeting pending receipt of addition print copies when existing copies were found to be missing pages.
7. Kevin Smith and his business partner Devin Bush consulted the board concerning their interest in Twin Mountain Plaza. Smith and Bush are in the process of purchasing Twin Mountain Plaza with the objective of converting the existing restaurant space into brewing / production space for Mr. Bush’s Wildbloom Beer. The remainder of the building would be leased to tenants for the time being. In the future, a taproom may be added to the production space. Devin Bush and his wife Beth currently run a taproom for Wildbloom Beer above Little Town Brews (Kevin Smith’s business) in Littleton and production is currently done in Henniker. The board advised Messrs. Smith and Bush that procedurally they need to first ensure compliance with zoning ordinance which can then be followed by submission of a site plan review application to the planning board. On review of Carroll zoning ordinance, it was determined that the beer production facility would fall under light manufacturing category and, at the Twin Mountain Plaza location, require a special exception application before the zoning board of adjustment. Smith and Bush were advised to speak to Greg Hogan at the water department, to ensure that the production facility can be adequately supplied, and the Fire Chief visa-vis fire suppression requirements.
8. Consultation: Wildernest, Reference Pine Tree Lane. The board reviewed an email received from Kelsey Goldstein; no one represented Ms. Goldstein in person. The questions involved the installation of a Park Model RV and referenced a particular lot on Pine Tree Lane. Board members were unfamiliar with the Pine Tree Lane location. It was determined that the code enforcement officer, Dave Scalley, would be better able to address Ms. Goldstein’s query.
9. Follow ups:
a. Rehab Facilities. Alex Foti will attend the February 7, 2023 select board meeting (immediately following the deliberative session) to secure select board support for legal advice related to rehab facilities.
b. Bretton Woods Trash Facility. Austin Alvarez recused himself to consult with planning board regarding Bretton Woods Trash Facility as President of the Bretton Woods Property Owners Association (BWPOA). Mr. Alvarez provided background on the situation. At the end of October, NH Department of Environmental Services (NHDES) notified BWPOA that the existing trash facility, in operation for roughly thirty years, is considered an unpermitted solid waste collection/storage/transfer (C/S/T) facility. The primary concern appears to be that the solid waste being collected is not from a common point of origin, as the facility is used by thirteen member HOA’s of BWPOA and three additional HOA’s in Bretton Woods. In addition, Omni requires the trash facility relocated to enable planned re-development of the base of the ski area. NHDES provided three alternatives: use the town transfer facility on New Straw Road; use of individual dumpsters for each HOA; or installation of a permitted C/S/T facility at another location. A permitted facility would be required to be manned and necessarily have limited hours of operation. NHDES requires BWPOA to develop a solution by this summer. Discussion of the first two options revealed significant problems. The town’s transfer facility is a fourteen mile roundtrip from Bretton Woods and expansion of the transfer facility’s operating hours will require passage of a warrant article. For the use of individual dumpsters, costs are estimated at ten times the cost of a combined facility and some of the HOA’s have no space available where dumpsters can be positioned. Austin Alvarez, in collaboration with Terry Penner (President of RWS), has identified two locations where the facility can possibly be relocated, both on the south side of Route 302 on the access road to the Resort Waste Services liquid waste processing facility. One location is on Omni property and the second on the RWS site itself. Messrs Alvarez and Penner pointed out the presence of wetlands in this vincity and the need for an engineer to do a wetlands study to support site selection. Mr. Penner suggested Steve LaFrance, Horizons Engineering, be contacted, since Horizons is responsible for the engineering of the liquid waste facility and best suited for ensuring that any risk of contaminating RWS monitoring wells is mitigated. The trash facility is expected to be essentially the same as the existing facility: two rented and movable compacting dumpsters on a concrete pad contained by fencing. The footprint is 60 by 30 feet and the concrete slab is the only truly permanent structure. Mr. Alvarez will consult with the zoning board on the need for a change of use. Ray Clement’s landscaping business provides clean up of the existing facility and has indicated willingness to provide an attendant to monitor the facility during operating hours. Cassela services the existing facility and will likely be asked to become the permitee of the new facility. The existing trash facility has been operating in the same neighborhood successfully for many years; it was remarked by several board members that very rarely is more than one vehicle at a time unloading trash and recyclables. It may be necessary to improve the RWS access road somewhat for the increased traffic and possibly provide a gate, but traffic is expected to be light. Board members agreed that providing a relocated permitted Bretton Woods trash facility is in the public interest. There was discussion of whether a full site plan review application will be required. Tom Godfrey suggested that a minor site plan review application should suffice because of the minimal permanent impact (i.e., concrete pad) and the good track record of the existing facility.

10. Megan Ulin presented the minor site plan review application for expansion of solar energy generation at the AMC Highland Center. The application was found to be complete and accepted by unanimous vote on a motion by Rena Vecchio, seconded by Tom Godfrey. The expansion includes both ground mounted and roof mounted solar arrays. The ground mounted array will stand approximately twelve feet above grade at its highest point; cedar post agricultural fencing will surround the array and inverters. For electrical safety, the system is equipped with a rapid shutdown device incorporated into the inverters providing a single point to de-energize the system in an emergency. The application was approved by unanimous vote on a motion by Rena Vecchio, seconded by Austin Alvarez.

11. All Other Business:
a. Chairperson Foti announced Don Jones has declared candidacy for one of the two open positions on planning board for the upcoming town election. Austin Alvarez moved to appoint Don Jones as an alternate planning board member in the intertim. Donna Foster seconded the motion and Don Jones was appointed an alternate by unanimous vote. It was remarked Mr. Jones can now be sworn in by the Town Clerk and subsequently sit on future board meetings.
b. Tom Godfrey mentioned that the time is approaching to expect an update from Omni on plans for the Sprung building and re-development of the base of the ski area. Omni had appeared before the board in March 2022.
c. The need for planning board members that reside in Bretton Woods to recuse themselves from matters concerning the Bretton Woods trash facility was discussed. Ultimately it was considered that no planning board members had a substantial financial interest in the trash facility matter that would justify recusal. Officers of BWPOA that serve on the board may recuse themselves on account of their personal involvement in developing the trash facility solution.

12. Adjourn. The meeting adjourned at 8:44 pm by unaminous vote on a motion by Brian Mycko, seconded by Rena Vecchio.