TOWN OF SUTTON
Pillsbury Memorial Town Hall
93 Main Street Sutton Mills, NH
Sutton Mills, NH 03221

PLANNING BOARD

Meeting Minutes for April 23, 2019 at 7:00 p.m.

 

The meeting was called to order at 7:01 p.m. by Roger Wells, Chair.

 

ROLL CALL:

The Roll was called with the following members present:

Roger Wells, Chair; Deborah Lang, Vice Chair; David Angeli, Glenn Pogust, Members; David Hill, Alternate Member; William Curless, Ex-Officio.

 

Also present were Tim Ferwerda, NH Certified Wetlands Scientist representing the Applicants (Evan & Patricia Janovitz), Evan Janovitz, the property owner/applicant, Bette Fredericton, abutter to the south and Peter Stanley Planning and Zoning Administrator and Acting Recording Secretary.

 

ELECTION OF OFFICERS:

Chair Wells requested nominations for Chair and Vice Chair of the Planning Board from those present. William Curless nominated the existing slate (Roger Wells, Chair; Deborah Lang, Vice-Chair), and the slate was seconded by David Angeli. The positions were voted on separately and passed unanimously, with the nominees abstaining in each case.

 

PUBLIC HEARING:

Chair wells opened the public hearing for the Janovitz application for a Conditional Use Permit to cross two streams and a wetland buffer to access two properties off of Eaton Grange Road, Tax Map 1, Lots 241-391 and 174-386.

 

The Chair for the Applicant’s rep, Jim Ferwerda and the Applicant to present their case. Mr. Ferwerda explained that the property access easement was written on the recorded plans for the subject properties, Plan #201900000249 and Plan #20115, and referenced in the deed for the Janovitz property recorded in the Merrimack county Registry of deeds, Book 3620, Page 759. Chair Wells asked Mr. Stanley if this was satisfactory and he replied in the affirmative.

 

Mr. Ferwerda then explained that the plan showed the two stream crossings, each having a 20’ long X 48” diameter culvert installed, as approved by NHDES. Mr. Ferwerda further explained that the path of the driveway followed an existing skidder road to avoid the necessity of cutting any additional trees on the property and described the course of the driveway leading to the larger lot.

 

Vice-Chair Lang asked Mr. Ferwerda if he had ever caught up with the Conservation Commission and he responded that he had spoken with someone from the Commission the night before the hearing. Mr. Ferwerda then explained his review with Chuck? Chair Wells then explained that the Conservation Commission had to be notified, but that Commission approval was not required.

 

Chair Wells then asked for a motion to open the meeting for public comment, moved by Mr. Pogust, second by Mr. Curless, with unanimous approval.  Bette Fredericton then requested to see the maps and understand which of the three skidder roads was being used for the driveway and Mr. Ferwerda showed her the driveway in question and expressed concern for the streams and said she relied on the streams. Chair Wells responded that DES was likely to review the crossings with closer scrutiny than the town.

 

There were no other comments by the public, so Chair Wells requested a motion to close the public hearing, A motion was so made by Mr. Curless and seconded by Vice-chair Lang, with a unanimous vote in the affirmative. Chair Wells then moved to the deliberative phase of the hearing and reviewed the critical issues and submittals and asked if there were further comments or questions. Hearing none, Chair Wells then requested a motion to either approve, approve with conditions, or deny the proposal. Mr. Pogust moved to approve the application as presented, seconded by Mr. Curless, and the vote was unanimous in the affirmative.

 

ADMINISTRATIVE:

The Board reviewed the minutes of March 26, 2019 meeting, and there were no changes.  Mr. Pogust moved to approve the minutes and Vice Chair Lang seconded the motion.  The motion passed by an affirmative vote.

 

Chair Wells asked if everyone had reviewed the proposed changes to the Subdivision Submission Checklist to correct various minor issues, including numbering mistakes. Mr. Pogust moved to approve, second by Mr. Curless. There being no other comments or discussion the motion was approved unanimously.

 

Chair Wells then brought up the Driveway Access Regulations. Chair Wells commented that he had been unaware that there were two separate sets of regulations, one for the Planning Board and one for the Road Agent. The driveway Access regulations apply to the cut in the Right-of-Way, and the other regulations apply to the interior portion of the lot. The chair wanted to make clear that applicants need to be aware of both separate requirements. Mr. Pogust suggested a representation be required that a conditional use permit is or is not required in B 4. Mr. Pogust will furnish language to Mr. Stanley. There was also a syntax correction in 5 as well, and appropriate language will be sent to Mr. Stanley as well. Motion to approve by Mt. Pogust, second by Vice-chair Lang. approved unanimously. Chair Wells will review sight distances at a later date. There was then a general discussion of curb cuts and Conditional Use Permits, and sight distances with no particular action.

 

Chair Wells brought the Rules of Procedure and proposed several changes to bring them up to date. Mr. Pogust said that there was a sentence hanging in the middle of nowhere in paragraph 1, B on page 2 regarding whether to have a Vice-chair. Rambling discussion ensued, with no action.

 

Mr. Pogust brought up the subject of member disqualification, commenting that the public had no opportunity to raise the issue, only the Planning Board. Chair Wells suggested adding the Applicant or member of the public to the list of those persons able to suggest a conflict of interest. That discussion then jumped to reconsideration of a vote and whether an applicant could request reconsideration. A long discussion of the 65-day decision rule ensued, along with the 30 day appeal period, and no decision was reached, other than to have Mr. Stanley review the subject and report the facts to the Board at the next meeting.

 

OLD BUSINESS:

Chair Wells suggested the remainder of the items on the agenda be discussed after the Board had concluded its work on the Rules of Procedure and the Driveway Regulations.

 

 

CORRESPONDENCE:

There was no Correspondence.

 

ADJOURNMENT:

There being no further business, Mr. Pogust made a motion to adjourn at 7:52 p.m. and Mr. Curless seconded the motion.  The motion passed by a unanimous vote

Respectfully submitted,

 

Peter Stanley

Acting Recording Secretary

 

The next Planning Board Meeting is scheduled for May 28, 2019