July 16, 2018 | Town Admin TOWN OF SUTTON Pillsbury Memorial Hall 93 Main Street Sutton Mills, NH 03221 PLANNING BOARD Draft Minutes of the Regular Meeting July 10, 2018 These Minutes Are Not Official Until Approved by the Board at its Next Regular Meeting Board Members Present: Roger Wells, Chair; Debbie Lang, Vice-Chair; David Angeli; Jim Lowe; Glenn Pogust; and Julie McCarthy, Alternate. Ex-Officio Board Member Present: Bill Curless Staff Present: Diane Lander, Land Use Coordinator Others Present: Sutton Residents Steve Enroth, John Herbert, Betty Ann Giles, John W. Jones, Jon and Sherrie McKenna, Rajan Menon, Zoé Menon, Cathy Popkin, Sandy Reilein, Maurice and Carolyn Saunders, Denis Swords, Jane Williamson, Sarah Woolverton; Dane D’arcangelo, Eversource Western Regional Arborist; Nancy Dean, Washington, NJ Resident; Jeff Evans, Surveyor; and Tom Schamberg, Wilmot Resident. Public Hearings Scheduled 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). 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. Review and discuss the adoption of amended Subdivision and Site Plan Review Regulations. Call to Order Regular Meeting Chairperson Wells called the meeting to order at 7:02 p.m. Roll Call Chairman Wells welcomed Board Member Pogust. Approval of Minutes of Regular Meeting of June 12, 2018 The Land Use Coordinator read the corrections to the minutes already received. 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 Pogust moved to approve the minutes of the June 12, 2018 regular meeting as amended. Board Member Lang seconded the motion. The motion carried unanimously. Public Hearings Chairman Wells summarized the process to be followed during the Public Hearings, which will be addressed in the order on the Agenda. 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. Public Hearing: 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). Mr. Evans presented for Mr. Saunders. Mr. Evans stated that, for the record, Jon Buschbaum’s work should be considered as credible as he works for Mr. Evans. Mr. Evans handed out a new diagram to the Board Members and said that the initial conditions after rough grading can easily be adjusted to less than 15%. Chairman Wells summarized the three (3) issues that need to be addressed. Mr. Saunders’ drive and his neighbor’s drive will both share the existing drive to the Pinnacle, thus creating 3 lots sharing one drive. The Board has checked with Town Counsel and, while this rule does apply to subdivision applications, it does not apply in this case as (a) this request is only for a lot line adjustment and (b) there are no such rules about shared drives in Sutton’s Zoning Ordinance. So this issue is not applicable in this case. The current Sutton Zoning Ordinance includes specific requirements for long and steep driveways, specifically “a limitation of 100 feet of up to 15% slope.” This is for purposes of safety, especially during winter months. The driveway drawing prepared by Jon Buschbaum shows adjoining sections that exceed this slope and overall distance. This discrepancy needs to be adjusted so that the maximum length and slope meets the required specifications, and Mr. Evans has just stated that this can be done. The current Sutton Zoning Ordinance includes a Steep Slope Overlay District that is defined as “any land area with a 20% or greater slope that continues for 20 or more feet vertically.” Mr. Evans then stated that the slopes are 22% for 150 to 200 feet and thus this area meets the requirements of this definition. Therefore, in addition to a lot line adjustment and easement grants, a Conditional Use Permit is required for the driveway. Chairman Wells then read into the record a letter written by Mr. Evans in which Mr. Evans questions enforcing regulations upon previously approved building lots. Chairman Wells replied that the Town is not saying Mr. Saunders cannot build a driveway, but that there are procedures to follow. The Board can approve the lot line adjustment, but Mr. Saunders will need a Conditional Use Permit for a driveway with 20% or greater slopes that continue for 20 or more feet vertically. Chairman Wells thus recommends requesting the lot line adjustment and the Conditional Use Permit at the same time as the Conditional Use Permit will be required to obtain a building permit. Motion: Ex-Officio Board Member Curless moved to table and continue the meeting pending a Conditional Use permit application. Board Member Lowe seconded the motion. The motion carried unanimously. Mr. Saunders then spoke to the Board. He stated that he has done his best to do what is required, expressed serious frustration that process has taken so long, and mentioned some of the resulting hardships on his family. The Land Use Coordinator will look into what advice Mr. Saunders was originally given. Public Hearing: 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. Dane D’arcangelo, Western Regional Arborist, presented Eversource’s request as submitted to the Board. Keyser Street Board Member Pogust asked about the existing temporary fix for the trees. Mr. D’arcangelo answered that even with cross arms and the wires now missing the trees, the wires are close to the trees and there could be an electrical arc causing a fire. Also, Eversource wants to move the wires to the top of the poles, and the wires will then come in contact with the trees. Chairman Wells noted that there are many other temporary cross arms on other existing poles. Board Member Lowe asked about other solutions, and said the Board really needs to have other solutions available. Mr. D’arcangelo replied that he had asked an engineer about moving the pole to the other side of the road. The problems with this solution are: It requires a support wire close to the lake and the pole could fall into the lake. Transformers have oil, and if the pole went into the lake, oil would go into the lake. The number of poles is determined by the number of houses on the poles. The electricity delivered decreases with distance. Board Member Pogust asked if transformers could be only on the other side of the road and Eversource add another pole further down. Mr. D’arcangelo replied that adding another pole and extending the wire restricts electricity service to the end of the wire. Chairman Wells said he would like to see the electrical service capacity calculated. Board Member Angeli suggested adding additional transformers. Blaisdell Hill Road Board Member Lang noted that Eversource mentioned an aging support system but that the pole did not look old. Mr. D’arcangelo replied that the issue is the pole needs to be moved. Board Member Pogust said a new higher pole could be put in the intersection and asked if the Road Agent had been asked about vehicle impacts and snow removal problems. The Land Use Coordinator will ask the Road Agent. Motion: As there was no further Board discussion, Board Member Lowe moved to open the Public Hearing. Board Member McCarthy seconded the motion. The motion carried unanimously. Keyser Street Several members of the public spoke. Common comments were: The area is an important and truly special area, especially for people living on Keyser Street, and part of that is the natural beauty of the area, which includes the white pine trees. People want the best possible electrical service, but also need to balance priorities. People would like to see more (creative) alternatives available so the Board would be better equipped to decide. For example, double spanners are used in other locations. Eversource replied several times that the cross arms are temporary solution and that it is important as well as preferable to have the wires at the top of the pole. Eversource also explained that the new poles are about 37 feet above ground, the shoreline is about 20 feet away and is heavily vegetated, meaning that, if a pole fell, it would get caught. Additional comments from the members of the public were: Steve Enroth commented that the area has been under discussion for a while and four (4) pine trees seemed like a lot. He requested an official Planning Board site walk. Sarah Woolverton noted that the ages of the two (2) trees in front of Sandy Reilein’s home are estimated at 137 and 116 years. She noted that a new pole had already been added. She presented a picture showing the trees are rubbing on TDS wires. 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. John W. Jones noted that only one (1) of the four (4) white pine trees is a bit stressed. He suggested staggering the poles as an alternative solution. Sandy Reilein asked if the wires could go underground. Mr. D’arcangelo replied that that would be detrimental to the existing trees. 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. She also commented that the pine trees look ok. Eversource replied that white pines are good at concealing rot. And she asked if Eversource provides replanting. Eversource answered that in some cases, yes, but not when there is plenty of existing vegetation. Blaisdell Hill Road Eversource stated that there is visible rot developing in the trunks of the six (6) trees proposed for removal. The trees are structurally unsound and are of concern regardless of replacing poles. Chairman Wells asked if there were any other members of the public who would like to speak. Being none, Chairman Wells asked for a motion to close the Public Hearing. Motion: Board Member Angeli moved to close the Public Hearing. Ex-Officio Board Member Curless seconded the motion. The motion carried unanimously. Chairman Wells then stated: It is possible to do a site walk meeting, but that requires the meeting be posted so members of the public can attend, and this takes a time. Also, six (6) of the seven (7) Board Members had already visited the Keyser Street site and three (3) of the seven (7) Board Members had already visited the Blaisdell Hill Road site. Both members of the public and the Board would like to have more creative solutions available, and ones that are not inordinately expensive. Chairman Wells asked Mr. D’arcangelo if Eversource would be willing to continue the hearing to the August meeting, and made clear that Eversource could say no. Chairman Wells suggested splitting the decision into two (2) separate motions as the conditions of the roads are very different. The trees on Blaisdell Hill Road are not in such good shape. They hang way over the road and the road has built up and covered the roots. Also, the Board would like to hear from the Road agent if the existing pole on Blaisdell Hill Road is a problem for snow plowing. Board Member Pogust also suggested that, if the hearing is continued, Eversource have an engineer who can answer technical questions and address technical issues come to the August meeting. Mr. D’arcangelo agreed to continuing the hearing, splitting the decision into two (2) separate motions, and asking for an engineer to attend the August meeting. Motion: Board Member Pogust moved to split the decision into two (2) separate motions—one for Keyser Street and one for Blaisdell Hill Road. Board Member Angeli seconded the motion. The motion carried unanimously. Motion: Board Member Pogust moved to continue the Eversource public hearing and the two (2) decisions to the August meeting. Board Member Lowe seconded the motion. The motion carried unanimously. Public Hearing: Review and discuss the adoption of amended Subdivision and Site Plan Review Regulations. Chairman Wells asked for discussion about any further issues with the proposed amended Subdivision and Site Plan Review Regulations. Hearing none, he asked for a motion to open the Public Hearing. Motion: Board Member Lang moved to open the Public Hearing. Board Member McCarthy seconded the motion. The motion carried unanimously. Seeing as copies of the current and proposed regulations, along with a summary of the reasons for the amending the regulations, were made available and no members of the public are currently present, Chairman Wells asked for a motion to close the Public Hearing Motion: Ex-Officio Board Member Curless moved to close the Public Hearing. Board Member Lang seconded the motion. The motion carried unanimously. Motion: Board Member McCarthy moved to accept and approve the proposed amended Subdivision and Site Plan Review Regulations. Ex-Officio Board Member Curless seconded the motion. The motion carried unanimously. New Business: No New Business was brought before the Board. Old Business: No New Business was brought before the Board. Other business that may legally come before the Board Correspondence/Final Comments Chairman Wells read into the record a letter to Ms. Christine Khulman from the Sutton Board of Selectmen about a recent advertisement she placed in the Kearsarge Shopper. The Selectmen reminded her of the allowed hours of operation and number of doctors for her home operation. Wetlands Permits Permit #2018-00343. John M. Rogers, Birch Hill Road Map 1, Lot 576-410: dredge and fill 697 square feet of palustrine forested wetland to install a permanent bridge crossing. Application. Stephan and Samantha Finkelstein (Kimberly Russell, applicant), Keyser Street Map 8, Lot 058-365: replenish beach sand within an existing footprint of an existing beach (above the high-water elevation line) with hand rakes. Approximately 7 cubic yards. Application and Permit #2018-01574. Heather G. Wells Trust, Park Ave. Map 8 Lot 155-347: repair 10 foot x 2 foot x 4 foot retaining wall section in-kind, replace 5 foot x 8 foot stone steps, and replenish beach with no more than 6 cubic yards of clean sand on an average of 24 feet of frontage along Keyser Lake. Freeman Boynton III, Rte 114. Seed has been sown on the front part of the pond. Final grading has been done on the back part of the pond the last few days, but it is not yet seeded. Approval received requires installing erosion control within 72 hours. The Conditional Use Permit reviewed is the correct one and needs to be put on the Planning Board web page. August 14th meeting Board Members to meet Jim Morris, a possible new board member. Maurice Saunders: continued meeting for lot line adjustment, conditional use permit. Eversource: continued meeting for scenic road maintenance. Discuss ways to inform new residents of what they need to do to make changes to their land or structures. Consider adding a requirement to the Zoning Ordinance to limit the number of driveway entrances that can be constructed from any one street to any one property. Adjournment Motion: There being no further business, Board Member Lang 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