August 8, 2023 | Hilary Grimes TOWN OF SUTTON Pillsbury Memorial Hall 93 Main Street Sutton Mills, NH 03221 PLANNING BOARD Approved Meeting Minutes for Tuesday, August 8, 2023 at 7:00 p.m. Chair Pogust called the meeting to order at 7:03pm. He said there was a quorum and took the roll. ` ROLL: Glenn Pogust (Chair), David Hill, Roger Wells, Christine Fletcher, Dane Headley, Jason Teaster ABSENT: Chuck Bolduc, Kristin Angeli (alternate), Peter Blakeman (alternate) ALSO PRESENT: Clayton Platt Chair Pogust said that Peacock Hill got their drainage plans to the Town too late and the engineer from Nobis hadn’t had enough time to get through them before that evening’s meeting. Therefore, although listed on the agenda, they would not be discussing the plans that evening. All seven drainage plans were provided. The hope is that the engineer will get through the plans within the next seven days and a discussion can be held at the next regular meeting of the Planning Board. ADMINISTRATIVE: 1. Review of Minutes of July 11, 2023 It was moved by Christine Fletcher and seconded by David Hill to approve the minutes of July 11, 2023, as circulated. The motion was approved unanimously. PUBLIC HEARINGS: 1. Conceptual Hearing for Minor Subdivision – Clayton Platt, Surveyor representing Michael and Maria Gilbert, Tax Map 9, Lots 310, 420 Clayton shared that there are 36 acres of property on Baker Road that the Gilberts want to subdivide into three, 12-acre lots. There are some fields but quite a bit of wetlands, which were delineated by Pierre Bedard, Wetlands Scientist. Clayton said that with all the setbacks for the property lines and wetlands, there are still nice building areas on the lots. He said they are proposing a common driveway across an existing field in lots two and three. Clayton asked if the applicants would need driveway permits before coming in for the final review with the Planning Board. Peter said they need to have the details about what the road agent will require. He said for the subdivision the driveway permit wouldn’t be needed but it is a good idea to get it out of the way. Roger said there is a driveway permit the applicant has to get from the road agent. Then there will be driveway rules that the Planning Board will require, which are different. The details are all available in the Town’s regulations, which are online. Christine opined that a homeowner would prefer a square lot rather than a long and narrow lot, as presented by the map of the proposed subdivision. Peter agreed, but said that the bonus to having these narrow-shaped lots is that it would be almost impossible to subdivide them further. Roger said this is also a benefit because the property is on top of a prime aquifer. Clayton said there is a back area of the property that he hasn’t done the topography for. He asked if he could plan to ask for a waiver so he doesn’t need to do the topography for the entire property. Roger said that as long as any drainage issues have been addressed, a waiver would be fine. For building on the back area of the property, a variance would be needed to cross the wetlands, and a conditional use permit would be needed to build within the buffer. When asked, Clayton offered that the frontage on each property is at least 300’. Peter suggested all of these calculations should appear on the map when the applicants come in for their final review. OLD BUSINESS 1. Village District Ordinance Discussion for Sutton Mills Chair Pogust indicated that draft 4.5 is the most current draft of the ordinance, to date. He said that Mike Tardiff from the Regional Planning Commission had suggested that instead of including all the standards and definitions in the ordinance, that they beef up the Town’s existing site plan regulations that they currently have, which do not say much. This would make the ordinance simpler and they’d have a central, uniform set of standards that they could reference. Chair Pogust noted that Site Plan Regulations can be amended by the Planning Board subject to a public hearing, but do not require a vote at town meeting. The Planning Board could update the regulations by the end of the year and have them adopted and in effect by the time the town is being asked to vote on the ordinance at town meeting. The ordinance will reference what it needs to reference from the site plan regulations. It was confirmed that there will be appendices to the site plan regulations. Chair Pogust said he has reviewed the ordinances from the towns of New London and Chichester to compare with what Sutton may need. He hoped that the Board would come up with standards that people like so that the ordinance will get passed. Peter said one issue some towns have is not articulating the threshold by which a site plan review is required. He said to make sure that this is covered in the beginning of the ordinance. It should be as clear as possible. Peter said the only downside of updating the regulations to be referenced in the ordinance, is that it is a little more difficult to enforce because it isn’t the “letter of the regulation” and more opportunity is there to “interpret.” Chair Pogust said that obviously an appeal can be made if the Board doesn’t follow the process to make decisions. The Board makes decisions on what the rules are, not on their opinions. Some of these details are discretionary and have to be under the “sole discretion” of the Planning Board, otherwise they will be in litigation constantly. Peter said that they have a balanced board and it is not like some which are at extreme left or right. The provisions of the zoning ordinance cannot be waived. Roger said that it is written into the wording which things can/cannot be waived. Peter said whatever regulations they have in their subdivision or site plan regulations, are subject to waivers. The Planning Board cannot waive any provision of the zoning ordinance. Chair Pogust said if conceptually they are agreeing on these things, they need to go through each point and then have counsel review what they come up with. Chair Pogust said they are going to be working on the site plan regulations and the village district regulations in tandem. They can work their way through and they will give things to counsel when they get to a difficult spot where they don’t know what they can/cannot do. Chair Pogust said they could allow a common leach field, if the State allows. He also showed a photo of the Bar Harbor Bank in Grantham, which shows a design of a drive-through that is attractive. These are things that they will discuss. Jason agreed that they need to go through each point and make sure they aren’t too restrictive so they cannot attract things like workforce housing. Chair Pogust said they have to have a balance that the current residents will be OK with and future developers will be able to work with. Roger said that something they should consider regarding the charrette is that this idea is two-fold. There are long-term residents in the villages who would probably like to stay, but it gets more and more expensive to do that. If they could subdivide some pieces of their property, thus creating additional smaller houses, this would provide them some income and also provide some workforce housing. Chair Pogust said that this would also revitalize the village feel. Roger asked the Board members to read the version 4.5 and ask questions/write them down and send them to Peter and Chair Pogust. This will help them to decide what to discuss when they meet next. Roger showed some conceptual drawings he created of a road and possible spaces for future development. The flood plain was present to show how lots would need to be creatively orientated to fit new development. Jason thought south-facing roofs should be present to encourage solar. Chair Pogust said he didn’t think they wanted to pass something right now that requires the implementation of renewable energy. Peter opined that the topography of the town doesn’t always lend itself to southerly-facing roofs. Christine said that if someone wants to keep the village as it is and not vote for the proposed changes, she thought the language about waivers would deter them from voting for the changes; it would sound as if people could do anything they wanted in the villages. Chair Pogust said that the language should actually explain that the new ordinance is going to bring the villages back to the way they used to be. This is to allow things to be done in the village that are consistent with the way they are right now. It was thought that perhaps the Intertown Record would come to the village district public discussion to report on the process the Town is going through to revitalize the villages. Chair Pogust thought once the ordinance is adopted, then they could promote it with help from the press. Dane said that it is important to let people know that this proposal is less restrictive than the status quo. Roger added that the village district regulations are also not mandatory. David Hill thanked Roger for the time and effort he has taken to create the visual display for that evening’s meeting. The next meeting of the Planning Board would be held on August 22, 2023 at 6pm. This will be a work-session to discuss the ordinance. There would be no applications because Peter will be on vacation. With no further discussion, Chair Pogust called for a motion to adjourn. It was moved by David Hill and seconded by Roger Wells to adjourn. The motion was approved unanimously. The meeting adjourned 8:30pm. Respectfully submitted, Kristy Heath, Recording Secretary Town of Sutton