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ZBA Minutes of May 8 2025
May 8th, 2025
Town of Carroll Zoning
Meeting Minutes
May 8, 2025
6:30 PM
“These minutes of the Town of Carroll Zoning Board have been recorded by its secretary. Though believed to be accurate and correct, they are subject to additions, deletions, and corrections by the Zoning 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.”
Zoning Board Members Present: Chair Andy Smith, Vice Chair Karen Moran, Diane Rombalski, Anita Greer, Bill Briggeman
Public Present: State Representative Lori Korzen
Minutes Taken By: Steffanie Apostle
Item 1: The meeting was called to order by Andy Smith at 6:30pm
Item 2: Pledge of Allegiance
Item 3: Attendance Taken; Quorum Met
Andy Smith reiterated we are looking for alternate members for the Zoning Board
Item 4: Approval of Meeting Minutes April 10, 2025
Steffanie Apostle said she went back and reviewed the prior meeting minutes and the date should have been for December NOT June.
Anita Greer asked what this was for?
Steffanie Apostle said it was a correction to Andy Smith’s name that I had said was in June when it was really in December. Small typo I will fix.
Karen Moran noted that 1/3 of the way down the page there was a spelling error; the word “tone” should be the word to be.
Steffanie Apostle stated she caught that error and fixed it prior to the meeting. The minutes provided in the folder had the correct spelling.
Karen Moran made the motion to approve the minutes as amended and Bill Briggeman seconded the motion. All were in favor, no one opposed and minutes were approved as amended.
Item 5: Housing Bill Discussion
State Representative Lori Korzen was introduced to the Zoning Board by Andy Smith.
State Rep. Lori Korzen said she had come to the meeting to help answer any questions the Board may have on some of the new laws being voted on; and to see how the Board felt about some of the changes being voted on. State Rep. Lori Korzen believes local control is the way to go; she does not think congress should be making decisions for all of the Towns/Cities.
State Rep. Lori Korzen had sent over the new bills for the Board to review and she wanted to know their thoughts and what the residents of Carroll wanted.
Andy Smith said SB 84 has been introduced and would override the zoning minimum on acreage for housing.
Karen Moran said the way she read it would only affect lots that are in a municipal water district.
Andy Smith said there were 2 different ones.
• I. For lots serviced by municipal or community water infrastructure, no ordinance shall require lot sizes greater than 44,000 square feet for single-family residential uses if there is adequate water system capacity to accommodate development on such lots, unless the municipality provides empirical evidence that the water system cannot support additional homes.
• II. For lots serviced by municipal or community sewer infrastructure, no ordinance shall require lot sizes greater than 22,000 square feet for single-family residential uses if there is adequate sewage system capacity to accommodate development on such lots, unless the municipality provides empirical evidence that the sewer system cannot support additional homes.
Andy Smith stated the Town of Carroll does not offer sewer. Andy Smith said the idea of the State overriding local Zoning has become a hot topic. He has been to lots of hearings and debates on how to get more housing. Omni Mount Washington Hotel has over 150 job openings and can’t fill them because there is nowhere for their workers to live. The economic driver is to have more housing. Andy Smith said the problem is that some Towns don’t want the change but want economic growth.
Diane Rombalski said there is a saying that says “Nothing ever changes if nothing ever changes” If everything stays the same and nothing changes over time then you become stuck; you may want it but you can’t have it. Diane Rombalski said being in the short-term rental industry over the last 2 years they have had an increase in people calling them looking for places to live not just vacation to. It’s become a challenge to balance it all without overcrowding.
Karen Moran said there was an apartment on Route 3 that was constructed over 10 years ago and provides apartments. It is not that we don’t have them, it's more we don’t have enough of them.
Bill Briggeman asked if the question here was; is change going to be easier with State control vs. Local control?
Andy Smith said that he thinks that question gets into the crooks of it. It is very hard for builders/developers to have to deal with different Boards, different rules and procedures and different regulations for each Town. Andy Smith said he wasn’t sure it would be a one size fits all. Andy Smith said he didn’t believe the Town of Carroll had anywhere near the restricted Zoning some other Towns had. In the Town of Carroll, it is 1-acre for a single-family dwelling and 1 acre + 10,000 sq./ft for a multi-family. In Carroll you would need 2 acres for 5 units which isn’t too bad. It's not super high density like Manhattan where they will build 100 units on a ¼ acre. The challenge is the cost and to make it affordable you need 1 roof with multi units. They need to figure out how to build smaller affordable houses. Can you put 4 tiny houses on 1 acre instead of 1 big house; that may be something the Town wants to consider. Is that something we want the State to do?
Anita Greer said she did not want the State making that decision.
Karen Moran said she did not think the State should be making that decision.
Anita Greer said she did not like the idea of the State taking this view to override everything people in a Township want. Anita Greer agreed that there are some problems that need to be addressed but that needs to be done with the Town and what works best for them. What works in Manchester may not work here in Carroll. Anita Greers view was the State should not override the Town and if they do what’s next?
Andy Smith said he recognized it was a problem.
State Rep. Lori Korzen said it has the potential to change the landscape in small Towns.
Bill Briggeman asked if they could say the Board unanimously rejects SB-84.
Andy Smith said they can take a position for the Board but they can’t speak for the Town.
Diane Rombalski asked if at voting time they can put “if the Board accepts or opposes” on the Warrant Articles.
State Rep. Lori Korzen said she was just looking for guidance as she wants everyone to have a say.
Andy Smith asked if they were to take a poll on SB-84 who would support it?
Diane Rombalski said she was torn and could see both sides. Ultimately the population of the planet is increasing not decreasing and people need places to live. You shouldn’t have to commute an hour to work. Omni Mount Washington Hotel has shut down part of their lodging just so they can house J-1 workers.
Andy Smith said it really was an economic driver.
Diane Rombalski said she had lived out West in Jackson Wyoming and the people that worked in Jackson couldn’t live anywhere near Jackson and most of them ended up living in Idaho and commuted over the border. There has never been enough affordable housing. They want tourism but to get that you need housing. It is a fine line.
Anita Greer said that was for the Town to decide.
Andy Smith said the problem with that is the Towns are not doing anything so this is the reaction from the State because nothing is being done. The number one problem with housing is affordability.
Diane Rombalski said she feels like if the Town doesn't do anything then the State will come in and just do it. It may be in the better interest of the Town to build in flexibility before the State comes in and strong arms the Town. Diane Rombalski made it clear she was against strong arming the Town but she could see it happening.
Andy Smith said if we don’t do anything we will not have the economic growth we want. In SB-84 the first line would affect us; in a majority of land zoned to permit single family residential uses of municipalities for lots not served by municipal community water no ordinance shall require lots greater than 66,000 sq./ft. which is an acre and a half and our rural zone which is 3 acres. This would override local zoning from 3 acres to 1.5 acres.
Diane Rombalski said she had almost 3 acres of land and she could build a ADU or a multi-family. Diane Rombalski said she moved up here in 2019 and lived in a motel for a year and a half. There are people commuting all the way in from Berlin and in the winter, it gets really tough.
Andy Smith said the State already overrode the ADU’s; they came in and said this is something we can do.
State Rep. Lori Korzen said with HB-631 they want to permit residential housing in commercial areas.
Andy Smith said he would be in favor of that.
Diane Rombalski said she thought that was a good idea.
Andy Smith said we have commercial buildings and office buildings no longer being used anymore.
State Rep. Lori Korzen asked if that was something that can be changed locally from within.
Andy Smith said absolutely.
Diane Rombalski said you would have to convince the voters to pass it, it's not just up to the Board. The voters tend to be a little less flexible and it's hard to figure out how to reach them and convince them.
Karen Moran said out of all the bills that they have been provided, the one they don’t have is probably the easiest to pass here. There are empty commercial or industrial lots that could be used for residents.
Anita Greer asked what bill number that was?
State Rep. Lori Korzen said it was HB 631.
Karen Moran said generally the tendency is they don’t like the idea of the State telling us what to do. It's helpful to have some of these and if they fail through the State, we can still use them for us.
Anita Greer said we could even take some of them and make a few adjustments that fit what the Town needs.
State Rep. Lori Korzzen said that would be the best-case scenario.
Andy Smith said he would not disagree with that. Andy Smith said he would love to see the State Support Planning & Zoning Boards with funds to have professional guidance. The Boards sit once a month and most of the member’s work; some may be retired but most of them work. Andy Smith said he has been to a lot of meetings that have been run well and a lot of meetings where they were run horribly. The Boards need help to re-write their Zoning and stay up to date. The Planning Boards work 3 times as much as the Zoning Boards. It would be nice if the State could give a couple million dollars to hire a full time Town Planner.
State Rep. Lori Korzen said that may be something that she could try to put in for the next year.
Andy Smith said residential for commercial is not really a problem, but changing lot sizes and telling small Town’s what to do, there is not a lot of love for that.
State Rep. Lori Korzen asked how the Board felt about every house having the right to have an ADU?
Karen Moran said when that came through, she thought it was a little strange.
State Rep. Lori Korzen said it reinforces property rights for New Hampshire residents by allowing 1 ADU by right.
Karen Moran read the Bill
• If a Zoning Ordinance contains no provisions pertaining to an ADU, then 1 ADU should be deemed a permanent accessory use as a matter of right to any single-family dwelling in the municipality and no municipal permits or conditions shall be required other than building permits if required.
Karen Moran said that seemed pretty encompassing.
Andy Smith said he thought it was building on what the Town already had 674:71. The State did an override for that and the world didn’t come to an end. It allows Towns to make the decision on attached or detached. In Carroll we allow detached by special exception. This would negate that. Some towns may require specifics such as color, size, etc.
Anita Greer asked how far can they be from the lot line; how do restrictions fit in?
Diane Rombalski said she was wondering that. Can the ADU sit on the property line?
State Rep. Lori Korzen said the way she reads it they would be allowed to.
Anita Greer said that it says; any regulation applicable to a single-family dwelling should apply to a combination of principal dwelling unit & ADU including but not limited to coverage standards and standards for maximum occupancy.
Andy Smith said he didn’t think it would override setbacks.
Diane Rombalksi asked if she could put an ADU on her property and rent it to someone who needs housing?
Andy Smith said that was what it was designed for.
Diane Rombalksi said the minimum was 700 sq./ft, nothing smaller
Andy Smith said an ADU cannot exceed 950 sq./ft.
Anita Greer asked how big is a tiny home?
Karen Moran wasn’t sure but thought it was about 200 sq./ft.
Diane Rombalski said it was 400 sq./ft for a campground cabin
State Rep. Lori Korzen said she liked the idea of being able to have ADU’s. They could be for your kids or your parents but again do we want the State to override Local?
Andy Smith said they already did with septic and access to State highways. Andy Smith said he was torn but he thought we needed to keep nibbling away at the edges. As far as setbacks Andy Smith said existing. So, if the garage is existing and too close you can still put it in, but it doesn’t override setbacks for new construction. Andy Smith said the straw pull is in general, against the State taking control.
Karen Moran had an educational question and asked what a class VI road was?
Andy Smith said it was a road owned by the Town deemed by the Selectman as not maintained but still a Town road.
State Rep. Lori Korzen said a lot of those were dirt roads.
Diane Rombalski said she lived on Old Cherry Mountain Road. They tried to make it a Class VI Road which means any of them that live there permanently would come together to pay to plow it. The homeowners came and spoke up so now it's maintained up to the gate. When Diane Rombalski bought the house, she had documents saying the Town would maintain it.
Andy Smith said the impact is that it's a Town road and Zoning says you can apply for a subdivision building permit with access from a Town road Class V or better; or a private road within Town specs. If the Selectmen were to issue a building permit on a Class VI Road, they are supposed to record a waiver of responsibility about emergency response being delayed.
State Rep. Lori Korzen said you can go on the website and see the requested changes. Lori Korzen thanked the Board for having her and let them all know if anyone had questions, comments or concerns to reach out to her.
Item 6: Brenda Garneau – Condo Discussion
Brief Discussion on Brenda Garneau who would like to make a condominium on Little River Road.
Steffanie Apostle asked what would happen if someone wants to build where there is Town water supplied but the Town doesn't have water to supply them?
Andy Smith said that would be up to the Selectboard.
Steffanie Apostle said that was legitimately a current issue for the Town.
Andy Smith said the Town has the right to say there is a moratorium on water, Bethlehem has had one for 25 years. Anything outside their village district can’t get Town water even though they have water lines down 302.
Steffanie Apostle asked if they would need to dig wells?
Andy Smith said that was correct.
Karen Moran asked how many condos Brenda Garneau wanted to build?
Steffanie Apostle said that Brenda Garneau did not tell her. Brenda Garneau told Steffanie Apostle that there was another Town that allowed 10-12 of them at 800-1,000 sq./ft. each.
Andy Smith said the quick answer was it didn’t meet our Zoning. Andy Smith said for a condo she would need to combine her (2) 1-acre lots. In the Zoning it is 1 acre per dwelling and then another unit every 10,000 sq./ft. Andy Smith asked how this was zoned?
Karen Moran said it was hard to discuss without knowing what her plan is.
Steffanie Apostle said it is zoned as Residential Business.
Anita Greer said Brenda Garneau would need a special exception.
Andy Smith did some quick math. Could she build 2 multi-family units by right in Residential Business and condo it? with 2 lots you could build 4 units.
Steffanie Apostle asked if she understood it right; 2 dwellings with 2 units to make 4 total?
Anita Greer told Steffanie Apostle to be careful what she says when she talks to Brenda.
Steffanie Apostle said she was coming to the Board next month and she was not relaying any information before then; the Board can tell her that. Steffanie Apostle said if she has to give information out, she always double checks with either Andy Smith or Alex Foti before she relays anything.
Item 7: Gerard DiCastro – Tiny Home Park Discussion
Brief Discussion on Gerard DiCastro who had asked about a Tiny Home Park
Steffanie Apostle said that Gerard DiCastro owns a couple of lots on Michaels Way and wants to turn them into a tiny home park.
Andy Smith said he had spoken to Gerard DiCastro in regards to SB 674:75-78 which does not exist. It had been proposed by the State in 2020 to allow tiny home parks and was defeated. It had a bill number because they are assigned before they are voted on in case they pass. Andy Smith sent Gerard DiCastro the link to our Zoning Ordinances and Gerard DiCastro thanked Andy Smith.
Karen Moran asked Andy Smith if Gerard DiCastro’s plan was to sell them or rent them?
Andy Smith said they did not get into that.
Anita Greer asked if there was enough land?
Andy Smith said he had a few lots that were about 5 acres each.
Anita Greer asked what they were zoned as?
Steffanie Apostle said they were zoned as Residential.
Andy Smith said we do not have an Ordinance on tiny homes. If he came in and said I have 5 acres and I want to put 5 tiny homes and condo them; that might be a way to get there. The benefit of a condo is it does not require the road frontage a dwelling does.
Karen Moran said she really wanted to know the end game before they got too far into the discussion.
Bill Briggeman asked if there was a tiny home park across from the pizza place?
Karen Moran said yes there is and that it was approved by the Planning Board and never should have been approved.
Andy Smith asked if the Town was still in a lawsuit? Andy Smith said he didn’t know what the lawsuit was, just that they were suing the Town.
Karen Moran said she believed it was a construction issue.
Andy Smith said when they come to the Board with their proposal, the Board can see where it fits into Zoning.
Item 8: Summary of Changes
Bill Briggeman said if you go to the handout we received about new changes to page 2, at the top in Section 7, it should be added to page 406 and Bill Briggeman couldn't find it.
Andy Smith asked if we should have Steffanie Apostle send a letter to the Office of Planning & Development?
Bill Briggeman asked Steffanie Apostle if she would like him to write it?
Steffanie Apostle told Bill she would appreciate it if he wrote the letter because he found the issues and she would send the letter and copy the Board on it.
Item 9: Rules & Procedures
Steffanie apostle said she added a signature line for a “read and understood”
Andy Smith asked if there were any changes?
Steffanie Apostle said there were no changes but they needed to be reviewed yearly after elections
Diane Rombalski said she would be stopping at the Town Hall to be sworn in as a member and asked if there was a sequence?
Steffanie Apostle said the Selectboard would sign off after she was sworn in.
Karen Moran mentioned that the meeting time was incorrect. The time should be 6:30, not 6 or 7.
Steffanie Apostle said she would fix that.
Andy Smith said it should be changed to; Meetings to be held at 6:30pm or as noticed.
Karen Moran made a motion to accept the change and Bill Briggeman seconded the motion. All were in favor of the time change. Steffanie Apostle to fix the time in the Rules & Procedures
Steffanie Apostle also to move signature line to its own page so she can collect them
Item 10: New/Other
No new or other business
Meeting adjourned at 7:46pm