TOWN OF SUTTON

Planning Board

Pillsbury Memorial Hall

Meeting Minutes

December 8, 2015

Present: Planning Board Members: Carrie Thomas, Chairperson; Bob DeFelice , Peter Blakeman, Roger Wells, Members; Dan Sundquist, Ex-Officio; Jim Lowe, Alternate; (Carole O’Connell and Julie McCarthy, Members; and Lisa Hogarty, Alternate; were absent); and Laurie Hayward, Land Use Coordinator (LUC) and interested parties.

The meeting was called to order at 7:04 PM, by Carrie Thomas, Chairperson.

Administrative:

Minutes of previous meetings: The Chair asked for a motion on the Minutes of the Meeting November 24, 2015. Wells moved that the minutes for November 24, 2015 be approved; Lowe seconded the motion and it was voted unanimously.

Correspondence: The LUC explained that she has been working with Brackett Scheffy on completing the application for O’Connell; he needs to provide the Abutters List. The Public Hearing will likely be scheduled for January 26, 2016. Also there is correspondence from Eversource (PSNH) regarding tree trimming on Shadow Hill Road. The Eversource hearing is scheduled for January 5, 2015 at 7:00 PM to be followed by the Public Hearing on proposed Ordinance changes at 7:30 PM.

Reports:

Select Board. Sundquist told Board members that he is working on the question posed previously regarding the tax question regarding Solar Panels. Sundquist also reported that the Select Board did meet with surveyor for Warner regarding questions that have come up about the accuracy of some maps of the Warner/Sutton town line. At this point, the Select Board will likely have Jeff Evans do some work (Clayton Platt is doing work on the Warner side of the line) and then get the parties together and seek to resolve the open questions which include questions of property title that go all the way back to the 1700s. Blakeman noted that the surveyors do not decide this type of question and it could wind up in the hands of a judge to be resolved.

Land Use. The LUC stated that there is nothing to report at this time.

Work session: The Chair opened the work session and asked the LUC to discuss the proposed changes to the Zoning Ordinance. The LUC began by telling members that she had only prepared for a discussion of the Zoning Ordinance as that is the most pressing item. She explained that she is in the process of working on the Public Hearing Notice listing of amendments to the Ordinance and she also must run the Planning Board and Zoning Board proposed language past town counsel for review, comment and recommendations. The language from this Planning Board meeting will then go to the ZBA for their input on the next Wednesday and then the LUC will get the draft of the Ordinance showing both Land Use Board’s proposals to town counsel for review.

In the course of extensive discussions, items that were taken up and discussed include:

• Manufactured Houses, Manufactured homes parks and Manufactured homes subdivisions.
• Driveways, including what level of steepness (% grade) will require Planning Board approval.
• The Steep Slope Ordinance (including those earlier references to “average “slope should drop the word “average”).
• Removing the language that specifically prohibits “cabins, tents, manufactured homes”.
• Changing the Building Code to 320 square feet from 500 square feet.
• Pros and cons of changing “principle building” and replacing it with “principle dwelling”.
• Definitions – what should stay in, what should change, and what should be removed.
• Conditional Use Permits, in connection to Driveways and also what to add to Definitions.
• Minimum Lot area, clarify that it is for subdivisions not families and how to calculate.

The LUC addressed members regarding the response from the ZBA at their last meeting. She noted that there were many questions regarding the planning Board language for three different Articles or Sections: Manufactured Housing; Driveways; and the Steep Slope Overlay District.

Regarding the Steep Slope Overlay District, the LUC stated that ZBA Members discussed Section B.2 which states that “If part of a lot lies within the Steep Slopes Overlay District, 80% of such part shall be excluded in the calculation of lot size.” There was concern about the language proposed and that it is unclear how this would apply and whether it would significantly change the buildability of current lots of record. Members asked the LUC to question the Planning Board whether the language can be stated to include that this is in the Subdivision and Site Plan process and/or that existing lots of record are exempt and whether that should be added to the beginning of section B.2 and start with the words “For purposes of Subdivision,”. The Planning Board agreed to move and change the language to clarify how slopes affect Minimum Lot Area in both zones and the change “per Family” to “for Subdivision”

Regarding Driveways, The LUC explained that ZBA members question why the proposed language does not address what to do when property crosses wetlands and/or steep slopes, in other words: “what is the process”? Board Members agreed that a new section on “Conditional Use Permits” should resolve that need.

In a discussion about Manufactured homes and the differences between the preferred languages of the two Land Use Boards, Planning Board members discussed current state law and the spirit behind it and how allowing a single Manufactured home on a single lot that meets all Zoning Ordinance requirements is the best and easiest way. Planning Board members variously expressed concerns for issues with maybe requiring more than is financially feasible in requiring two acres per dwelling and them limiting manufactured parks and subdivisions to providing for at least 10 standard lots or spaces for renters as the ZBA language does. The Chair pointed out that individual costs for septic systems and wells as well as 2 acre lots could make the cost something that effectively shuts out manufactured housing and therefore does not meet the spirit of the law. Board Members agreed that they completely support the language that allows a single Manufactured home on a single conforming lot and added that they supported that in both Zones.

Board members agreed to the language that they wanted and asked the LUC to prepare all of the documentation to take this language to the voter. The LUC agreed to make suggested changes in the draft Ordinance and prepare it for the next meeting and, also, to create a draft Notice for publication and posting showing the Amendments under consideration.

After some discussion about whether the Board is definite on the draft language so that the LUC can put together the Notices for the Amendments and Public Hearing, it was agreed that the LUC should put together language for notices and a draft version based on most recently agreed to language and the members told the LUC that they did want to have another meeting before the Public Hearing.

Next regular meeting is scheduled to be held on December 22, 2015 at 7:00 PM and it will be a work session.

There being no further business, it was moved, seconded and unanimously voted that the meeting be adjourned at 9:15 PM.

Respectfully submitted,

Laurie Hayward

Land Use Coordinator