December 10, 2019 | Town Admin TOWN OF SUTTON Pillsbury Memorial Town Hall 93 Main Street Sutton Mills, NH Sutton Mills, NH 03221 PLANNING BOARD December 10, 2019 at 7:00 p.m. CALL TO ORDER: Chair Wells called the meeting to order at 7:00pm. Roll was called. MEMBERS PRESENT: Roger Wells (Chair), Jim Lowe, David Hill (alternate), Glenn Pogust, Bill Curless, Peter Stanley (arr. 7:10pm), Mike Tardiff from the Central Regional Planning Commission, David Angelli MEMBERS ABSENT: Debbie Lang, Julie McCarthy Chair Wells called the roll. It was determined that there was a quorum. Chair Wells appointed alternate, David Hill, to be a full member to take the place of Debbie Lang who was absent. ADMINISTRATIVE: Approval of Minutes from November 12, 2019 Replace “a light industrial zone” on page 2, 5th paragraph with “mixed use.” Mr. Angelli said he should be marked as absent at the last meeting. IT WAS MOVED (Glenn Pogust) AND SECONDED (Bill Curless) to approve the minutes of the November 12, 2019 Planning Board Meeting. THE MOTION WAS APPROVED. Master Plan Discussion Mr. Pogust had added some language to the agreement for the Planning Commission’s services. He noted that the board designates the Planning Board chair with authority to execute amendments. This would avoid having to present any amendments to the select board. Chair Wells said that this could be reworded to say that it could be done “with consent of the Planning Board and only if it doesn’t increase the budget.” Under page 3, $3,600 payable upon execution of this agreement. $3,600 payable upon the submittal and acceptance of Progress Report 1, no later than February 28, 2020. $3,600 payable upon the submittal and acceptance of Progress Report 2, no later than May 30, 2020. $3,600 payable upon the submittal and acceptance of Progress Report 3, no later than August 31, 2020. $3,750 payable based upon the completion of all tasks outlined above (On or before November 30, 2020). Under termination of contract for cause, it should be said “…based upon the hours actually worked by the planning staff members at the agreed rate of $55 hour.” Chair Wells said under compensation: b: ought to be that they accept the report. Mr. Tardiff said they could change the wording to be “upon submittal and acceptance.” Chair Wells asked what a progress report consisted of. Mr. Tardiff said it would include a summary of meetings. Chair Wells suggested adding what they hope to see in such a report (specifying report #1, #2, etc.). Under the Amendments section, the text was adjusted to say that: To the extent that any such amendment results in the need for CNHRPC personnel to expend time in the performance of all of the agreed services in excess of the total time budgeted in this agreement, the amendment must be approved by the Sutton Select Board, and the hourly rate for such additional planning services is $55 per hour. Mike Tardiff said he put a proposal to DOT to use funds for a match. They like to see that addition to the contract that they have provided funds. They should include the language: Local match funding provided under the transportation planning agreement between the consultant and NHDOT and the Office of Strategic Initiatives. Under #2 it should mention that local match funding was provided under the annual block grant agreement with the NH Office of Strategic Initiatives. IT WAS MOVED (Jim Lowe) AND SECONDED (David Hill) to recommend approval by Board of Selectmen for the contract with Central Regional Planning Commission as amended and authorize Chair Wells. THE MOTION WAS APPROVED UNANIMOUSLY. Update of Legal Nonconforming Uses, Buildings and Lots Peter asked if Mr. Tardiff could format the language for presentation at town meeting. Mr. Tardiff said he would. Peter said he changed one year to two years for legal non conforming use. He said they want to give people enough time to show clear intent that they aren’t abandoning something. There are a variety of reasons why people aren’t doing what they had been once before. It is a kinder approach. Peter said the article is the same length as the old one, but it is much clearer. Non-conforming lots, uses and buildings stand alone. The point is to make it clear to people that there are differences between the three things and that a lot of record, if setbacks are met, is buildable. He said it is similar to other language used throughout the state. The ZBA has to deal with this and they like it. It was asked why the ZBA chose 20% for a maximum increase in gross footage for nonconforming buildings. Peter said that was the consensus of the ZBA. It made them feel comfortable with the overall concept. It gives a little wiggle-room that they didn’t have. This is all a slight relaxation of the regulation. IT WAS MOVED (Jim Lowe) AND SECONDED (Glenn Pogust) to move forward with the amendments to the Legal Nonconforming Uses, Buildings and Lots. THE MOTION WAS APPROVED UNANIMOUSLY. At this time, Mr. Tardiff departed the meeting. Voluntary Merger of Lots of Record Peter said the lot numbers are shown on the merger document. There is no road frontage and the smaller lot will dissolve into the larger lot. The Planning Board can’t vote against it; they have to approve it. This is a formality and the board needs to sign it. IT WAS MOVED (Glen Pogust) AND SEONED (Bill Curless) to accept the merger. THE MOTION WAS APPROVED UNANIMOUSLY. Peter noted that Bill and Nancy Whitehead own parcels on either side of Shaker Street. It was one parcel of land but when DRA came in and demanded them to separate their parcels, they did. The Whiteheads want to sell the house on the north side of the road. It wasn’t subdivided; the title company picked this up. He suggests that it is shown and represented as two lots of record and they can’t call it one. Counsel has recommended that they need to get a survey of both parcels (at lest the one they are selling), bound them, and have descriptions and deeds of each parcel that can be conveyed to someone else in the event they want to sell. Peter said he would be willing to write a letter in his professional capacity to say they don’t consider a further subdivision needed. He asked for the Planning Board’s support for this approach. IT WAS MOVED (Glenn Pogust) AND SECONDED (David Angelli) to support the approach as described by Mr. Stanley. THE MOTION WAS APPROVED UNANIMOUSLY. Chair Wells sad the next meeting is scheduled for January 14th. He asked everyone between now and then to drive the four areas they are saying could be villages: North Sutton, south Sutton, Sutton mills, Blaisdell Lake. Petre provided maps. Where would edges of villages be? Peter said spot zoning is not permitted. They can establish the boundaries as they see fit for the zoning. Mr. Pogust asked if they could make the villages larger than they are to expand from the dense cluster. Peter said yes. There are opportunities that could work in this regard. Chair Wells said they need to look at the wetlands and steep slopes and consider the owners of certain property which may prohibit these zoning changes. Peter said he could get another map that has the entire town with lot lines. Peter said he would email the Planning Board the PDFs of the four maps for their use. Mr. Lowe said one of the things they need to look at is if there are recreational opportunities to include. They need to consider traffic flow. Chair Wells said they need a concrete idea of villages. Mr. Lowe said commercial viability needs to be considered. There is no natural traffic pattern so people aren’t going to frequent them. They need to be destination locations to attract people and opportunity. Mr. Pogust said they also need to decide if they are better with one village or more than one. A village district will have mixed use opportunities. He said if they can find one that would work best and build on the concept, that will fill in other areas. If they have a need they can expand into another village. Chair Wells said they also need to consider if the villages are supportive of this idea of a village district. Chair Wells said also think of what uses they want to allow or prohibit. If they wanted a light industrial zone somewhere, what do they mean? Where could it go where it wouldn’t offend anyone and actually generate something? The following evening they would meet with the conservation commission. He asked anyone going to read their strategic plan. Thursday they would meet with King Ridge Homeowner’s Association. Community room at Bar Harbor Bank at 6pm in New London. The following week they would meet with the ZBA. IT WAS MOVED (Glenn Pogust) AND SECONDED (Bill Curless) to adjourn the Planning Board meeting of December 10, 2019. THE MOTION WAS APPROVED UNANIMOUSLY. The meeting adjourned at 7:54pm. Respectfully submitted, Kristy Heath, Recording Secretary Town of Sutton