October 8, 2018 | Town Admin TOWN OF SUTTON Pillsbury Memorial Hall 93 Main Street Sutton Mills, NH 03221 PLANNING BOARD Approved Minutes of the Regular Meeting August 14, 2018 Board Members Present: Roger Wells, Chair; Jim Lowe; Glenn Pogust; and Julie McCarthy, Alternate Board Members Absent: Debbie Lang, Vice-Chair, and David Angeli Ex-Officio Board Member Present: Bill Curless Staff Present: Diane Lander, Land Use Coordinator Others Present: Sutton Residents Steve Enroth, Charles Forsberg, Amanda McKenna, Sherrie McKenna, Lisa Lopez, Sandy Reilein, Carolyn Saunders, Janie Snowden, Debra Tarr and Richard Case, Jane Williamson, and Sarah Woolverton; Laurel Boivin, Eversource Community Relations & Economic Development; Jon Buschbaum, Surveyor; Dane D’Arcangelo, Eversource Western Regional Arborist; Jeff Evans, Surveyor; Tom Schamberg, Wilmot Resident; and Scott Whitcomb, Eversource Field Engineer Public Hearings Scheduled as on the Meeting Agenda Public Hearing continued from June 12, 2018 and July 10, 2018 meetings. Maurice and Carolyn Saunders (Map 6 Lot 733,421 Chalk Pond Road): Boundary adjustment to acquire 1.1 acres from New London Bridge Fellowship (Map 6 Lot 750,420). Public Hearing continued from July 10, 2018 meeting. Request by Eversource pursuant to RSA 231:158, Effect of Designation of Scenic Roads, to trim and remove trees on Blaisdell Hill Road and Keyser Street, both of which are Sutton designated scenic roads. Public Hearing. Maurice and Carolyn Saunders (Map 6 Lot 733,421 Chalk Pond Road): Conditional Use Permit to allow construction of a driveway within the Steep Slope Overlay District, per Zoning Ordinance Article XI.C, and over Map 6 Lot 750,420 (420 Chalk Pond Road) to access their house. Review and Comment Scheduled Review and Comment (per RSA 674:41): Request by Deb Tarr and Richard Case to build a garage at 24 Gural Road (Map 02 Lot 516-285). Call to Order Regular Meeting Chairperson Wells called the meeting to order at 7:03 p.m. Roll Call Chairman Wells designated Alternate Board Member McCarthy to sit for Board Member Lang. Approval of Minutes of the Regular Meeting of July 10, 2018 Corrections to the draft minutes of the July 10th regular meeting already received: Additional comments from the members of the public were: (page 4) Original: Sandy Reilein noted that the trees on Keyser Road are beautiful, biologically helpful, and valuable assets and asked to be part of the discussion of the two (2) trees at the end of her driveway. Correction: Sandy Reilein noted that the trees on Keyser Road are beautiful, biologically helpful, and valuable assets and asked to be part of the discussion of the two (2) trees at the street entrance to her property. Additional comments from the members of the public were: (page 4) Original: Nancy Dean asked if the transformers have sealed oil systems. Eversource answered yes but, if a pole falls on a pine tree, the system could break open. Correction: Nancy Dean asked if the transformers have sealed oil systems. Eversource answered yes but, if a pine tree falls on a pole, the system could break open. Dane D’arcangelo’s name is correctly spelled as Dane D’Arcangelo. Chairman Wells asked if there were any further corrections. Being none, Chairman Wells asked for a motion to approve the minutes as amended. Motion: Board Member Lowe moved to approve the minutes of the July 10, 2018 regular meeting as amended. Ex-Officio Board Member Curless seconded the motion. The motion carried unanimously in the affirmative. Public Hearings Chairman Wells summarized the process to be followed during the Public Hearings. For each Public Hearing: Members of the public must wait until the applicant has presented, the Board has asked the applicant questions, and the Chairman has officially opened the Public Hearing. Additional comments and questions from members of the public are no longer allowed once the Chairman closes the Public Hearing. The Board will then discuss and decide on the application. Chairman Wells changed the order of the public hearings. It makes sense to hear the two Saunders applications first and second, with the Conditional Use Permit to be heard first. If the Conditional Use Permit is approved, then it is reasonable to hear the lot line application. If the Conditional Use Permit is not approved, it may not be reasonable to hear the lot line application. Public Hearing. Maurice and Carolyn Saunders (Map 6 Lot 733,421 Chalk Pond Road): Conditional Use Permit to allow construction of a driveway within the Steep Slope Overlay District, per Zoning Ordinance Article XI.C, and over Map 6 Lot 750,420 (420 Chalk Pond Road) to access their house. Maurice Saunders sent a notice authorizing Carolyn Saunders and Jon Buschbaum to be his agents. Jon Buschbaum explained the changes to the engineering design since the Conditional Use Permit application was submitted. Chairman Wells reiterated the concerns with the driveway and said the conditions are now met. No more than 15% grade for any 100-foot segment. Drainage on both sides. Added a barrier where steep fill or cut. Chairman Wells asked if there were any further questions from the board. Hearing none, he asked for a motion to open the Public Hearing. Motion: Board Member Pogust moved to open the Public Hearing. Board Member McCarthy seconded the motion. The motion carried unanimously in the affirmative. Chairman Wells then asked if any member of the public wished to speak and reiterated that comments and questions from members of the public are no longer allowed once the Chairman closes the Public Hearing. Hearing no comments or questions from members of the public, Chairman Wells asked for a motion to close the Public Hearing. Motion: Board Member Pogust moved to close the Public Hearing. Ex-Officio Board Member Curless seconded the motion. The motion carried unanimously in the affirmative. The Board then discussed the application and, when there were no further comments or questions, Chairman Wells called for a motion to approve or not approve the Conditional Use Permit application. Motion: Board Member Pogust moved to approve the Conditional Use Permit as presented and discussed and according to the plan submitted. Ex-Officio Board Member Curless seconded the motion. Board Member McCarthy made a friendly amendment: as a condition of approval, the boulders used to construct the boulder edge wall that is down slope of the driveway and on the outside of the proposed ditch must be at least two (2) feet below and two (2) feet above ground and no more than five (5) feet apart. The reason for this additional condition is safety — to ensure that the boulder edge wall will stop a vehicle. The Board discussed and unanimously approved this friendly amendment. Motion: Board Member McCarthy moved to approve the Conditional Use Permit as presented and discussed, according to the plan submitted, and with the above stated condition of approval. Board Member Pogust seconded the motion. The motion carried unanimously in the affirmative. Each Board Member signed and dated the three (3) maps to be filed with the Town. The conditional of approval was also noted on each of the three (3) maps. Public Hearing continued from June 12, 2018 and July 10, 2018 meetings. Maurice and Carolyn Saunders (Map 6 Lot 733,421 Chalk Pond Road): Boundary adjustment to acquire 1.1 acres from New London Bridge Fellowship (Map 6 Lot 750,420). Maurice Saunders sent a notice authorizing Carolyn Saunders and Jon Buschbaum to be his agents. Chairman Wells explained that the applicants had agreed to postpone hearing this application until there was a decision on the Conditional Use Permit. He then asked the Board Members for questions and/or comments, and, hearing none, asked for a motion to open the Public Hearing. Motion: Board Member Pogust moved to open the Public Hearing. Board Member Lowe seconded the motion. The motion carried unanimously in the affirmative. Chairman Wells asked if any member of the public wished to speak. Hearing no comments or questions from members of the public, the Board agreed to close the Public Hearing. Motion: Board Member Lowe moved to approve the lot line adjustment as presented and according to the plan submitted. Board Member Pogust seconded the motion. After further Board discussion, the motion carried unanimously in the affirmative. Each Board Member signed and dated the three (3) maps to be filed with the Town and the mylar to be filed with the Merrimack County Registry of Deeds. Public Hearing continued from July 10, 2018 meeting. Request by Eversource pursuant to RSA 231:158, Effect of Designation of Scenic Roads, to trim and remove trees on Blaisdell Hill Road and Keyser Street, both of which are Sutton designated scenic roads. At the last meeting, Eversource agreed to separate its request into two (2) requests, one for Blaisdell Hill Road and one for Keyser Street, as the conditions of the roads are very different. Blaisdell Hill Road Lauren Boivin, representing Eversource Community Relations & Economic Development, summarized the plan for Blaisdell Hill Road. It was noted that there are four (4) trees to be taken down, two (2) of which are double trunked. The Road Agent, via email to the Land Use Coordinator, supports moving the pole, which dates back to the 1950s. Chairman Wells asked the Board Members for questions and/or comments, and, hearing none, asked for a motion to open the Public Hearing. Motion: Board Member Pogust moved to open the Blaisdell Hill Road Public Hearing. Board Member McCarthy seconded the motion. The motion carried unanimously in the affirmative. Chairman Wells asked if any member of the public wished to speak. Hearing no comments or questions from members of the public, he asked for a motion to close the Blaisdell Hill Road Public Hearing. Motion: Board Member Pogust moved to close the Blaisdell Hill Road Public Hearing. Ex-Officio Board Member Curless seconded the motion. The motion carried unanimously in the affirmative. Eversource then stated trees will be cut 2” from the ground; unless a lot owner wants the wood, Eversource will remove the wood; and the old pole will be taken away, Motion: Board Member Pogust moved to approve Eversource’s application for Blaisdell Hill Road with the condition that Eversource will remove the wood and the pole. Board Member Lowe seconded the motion. The motion carried unanimously in the affirmative. Keyser Street Lauren Boivin, representing Eversource Community Relations & Economic Development, summarized the concerns with the existing poles and trees on Keyser Street and stated that, since the last meeting, Eversource people revisited the site and developed two (2) alternative plans. She then presented the alternative plans to the Board Members. Lauren Boivin also clarified that the oak tree with white tape around it and further down the road, across from the Menning’s, is not part of any proposal. There was discussion about a smaller oak that tends to get “whacked” a lot, and the general thought is that this tree should be taken down. Chairman Wells asked Eversource why not move only the 2nd pole in from Rte. 114 (#98-56) across the street. Eversource answered because the anchor would be out in the water. Chairman Wells then asked the Board Members for questions and/or comments. Board Member Pogust noted that there are a good number of cross bars along Keyser Street and asked if Eversource was planning to redo the whole street. Eversource answered no and that the particular pole is rotted at the base. Board Member Pogust also asked if the transformer could be moved to a different pole. Eversource answered no as a transformer must be a certain distance from the water. Hearing no further Board discussion, Chairman Wells asked for a motion to open the Keyser Street Public Hearing. Motion: Board Member Pogust moved to open the Keyser Street Public Hearing. Board Member McCarthy seconded the motion. The motion carried unanimously in the affirmative. Chairman Wells asked if any member of the public wished to speak. Lisa Lopez asked the following and received the following replies: How long had the temporary fix been in place? A few months. What is the reliability issue with the trees? The problem is with the pine trees along the road. For alternative A, the two (2) trees on the lake side are smaller than pines. They are hardwoods: an 18 foot oak likely about 70 years old and 12 to 14 foot maples likely about 30 to 40 years old. Is the cost to the utility relevant to the decision? Is the Board obligated to consider it? No one answered. For alternative B, which of the three (3) pine trees on Sandy Reilein’s property is to be taken down? The one with the “Caution” sign on it. Sandy Reilein asked why Eversource was able to put a new pole in before getting Planning Board approval. Eversource answered that it needs approval to remove, trim trees but not to replace poles. She also stated that she supports Chairman Wells suggestion to move pole #98-56 across the street. Steve Enroth stated that he wanted the Board to seriously consider all that is entailed in the alternatives proposed by Eversource. He also reiterated his suggestion from the last meeting that the Board hold a site walk. Charles Forsberg stated that Keyser Street has lots of old white pines, the maintenance cost to Eversource is significant, and residents should show consideration to Eversource. Hearing no further comments or questions from members of the public, Chairman Wells asked for a motion to close the Keyser Street Public Hearing. Motion: Board Member Pogust moved to close the Keyser Street Public Hearing. Board Member McCarthy seconded the motion. The motion carried unanimously in the affirmative. Board discussion then continued. Chairman Wells suggested that the two (2) alternative plans really have not solved anything. Board Member Lowe said he would like a better understanding of the lines near the lake. Board Member Pogust said he would like a more complete assessment on the trees. The Board and Eversource agreed a site walk would be useful and to continue the Keyser Street Public Hearing until the next regular Board meeting on Tuesday, September 25th. The Land Use coordinator will check people’s availability and then schedule and notice the site walk. Motion: Board Member Pogust moved to continue the Keyser Street Public Hearing. Ex-Officio Board Member Curless seconded the motion. The motion carried unanimously in the affirmative. New Business Review and Comment (per RSA 674:41). Request by Deb Tarr and Richard Case to build a garage at 24 Gural Road (Map 02 Lot 516-285). Chairman Wells summarized why a Review and Comment is needed by the Board of Selectmen. Mr. Case then asked about setbacks, especially the 15 foot setback required from the driveway to the property line. After reviewing the specific layout, the Board suggested Mr. Case check to see if there is an easement for the neighboring driveway. After discussion ended, Board Member Pogust made the following motion: Motion: From the Planning Board’s perspective, there are no issues to building a garage at 24 Gural Road (Map 2 Lot 516,285) as long as all required wetland permits, if any, are first obtained. Board Member McCarthy seconded the motion. The motion carried unanimously in the affirmative. Old Business: No Old Business was brought before the Board. Other business that may legally come before the Board Administrative Discussion of and vote on Conditional Use Permit application fees. The Conditional Use Permit application does not fully identify all the costs generally associated with processing the application. The $100 application fee and the $10 per party on the notification list mailing fee are listed. However, not listed are additional mailing costs, noticing costs, consulting fees, and recording fees. Until the Board has a chance to review and modify the Conditional Use Permit, Chairman Wells suggested the Land Use Coordinator be able to charge applicants additional reasonable costs/fees not listed on the application. This is also consistent with Article V Section B.7 of Sutton Subdivisions and Site Plan Regulations. Motion: Board Member Pogust moved to allow the Land Use Coordinator be able to charge applicants additional reasonable costs/fees not listed on the Conditional Use Permit. Board Member McCarthy seconded the motion. The motion carried unanimously in the affirmative. Due to the lateness of the hour, two (2) administrative agenda items were postponed until the next regular meeting: Planning Board request to add reference to Zoning Ordinance re: Steep Slopes. Posting Notices of Decision on the Town’s web page and distributing the notice through the “News.” Correspondence The following were noted by the Land Use Coordinator and copies were in Board Member’s folders. Freeman Boynton III July 11th email re: erosion controls. ZBA Case Z-18-02 West Notice of Decision. The current ZBA Rules of Procedure require the Planning Board be advised of all ZBA decisions. This may change when the ZBA reviews its Rules of Procedure. Town of New London. Notification of a development with regional impact: retirement care community. Wetlands Expedited Permit application. Gary C. Dellert, 170 Camp Kemah Road, Map 2, Lot 485-102: (1) repair existing concrete retaining wall along the shore, (2) removal of loose, deteriorating sections of retaining wall to provide stabilized foundation, (3) reface wall with 5” – 6” of concrete/gunite and rebar skeleton with no change in the length of the existing wall and to the existing height of concrete and decking, (4) complete construction behind wall by adding 1½” crushed granite and replace old decking to height of current elevation. Wetlands Permit application received Monday 8/13: Leon-Charl Malan, 126 Camp Kemah Road, Map 2, Lot 480-181: repairs to the cradle of an existing dock. The wooden timbers supporting the dock have shifted over time and need to be repositioned and replaced. No changes are made to the shape, location or size of the dock. The existing rock cradle structure will remain in place, the lake bottom will not be disturbed, and no material will be added to the lake. The work will be done when the level of Blaisdell Lake is lowered and will be mostly out of the water. Wetlands Permit application received Monday 8/13: Robert A.K. Jeffrey Trustee, 87 Lovett Road, Map 2, Lot 478-356: Create a 730 square foot perched beach in a grass area that was previously disturbed. 2018 Municipal Law Lecture Schedule. “Plan-link Listserv.” Board Members were encouraged to sign up for this email discussion list. Next Meeting. As election day is Tuesday, September 11th, the next meeting will be scheduled for Tuesday, September 25th. The application deadline is August 15th, and, to date, no applications have been received. Adjournment Motion: There being no further business, Ex-Officio Board Member Curless moved to adjourn the meeting. Board Member Pogust seconded the motion. The motion carried unanimously. The meeting adjourned at 8:40 p.m. Respectfully submitted, Diane M. Lander, Land Use Coordinator