December 11, 2018 | Town Admin TOWN OF SUTTON Pillsbury Memorial Town Hall 93 Main Street Sutton Mills, NH Sutton Mills, NH 03221 Planning Board December 11 @ 4:00 p.m. Board Members Present: Debbie Lang, Vice-Chair; David Angeli; Bill Curless, Ex-Officio Member; Jim Lowe; Glenn Pogust; and David Hill, Alternate Board Members Absent: Roger Wells, Chair, and Julie McCarthy Staff Present: Diane Lander, Land Use Coordinator Others Present: For the lot line adjustment application: Cindy Cullen, Real Estate Agent; Timothy Ferwerda, Wet Land Scientist; Bette Fredrickson, Abutter; Laura Hallahan, Real Estate Agent; Joseph Torro, Property Owner; and Patricia Janovitz, Applicant. Public Hearing Case # P-18-07: Conditional Use Permit application public hearing continued from November 13, 2018 meeting. Request submitted by Michael and Pipere Sailer of 195 Birch Hill Road (Tax Map 01-576-410) to allow construction of a driveway within the Steep Slope Overlay District. Applicant requests a 30-day extension to provide the information requested by Planning Board. Public Meetings Case # P-18-08: Voluntary Merger of Lots of Record application. Request submitted by Robert W. Wright to merge Tax Map 02-415-229 (0.1 acres) and Tax Map 02-319-207 (37.8 acres). Case # P-18-09: Lot line adjustment application. Request submitted by Evan and Patricia Janovitz for a lot line adjustment. The two properties are owned by Joseph Torro and Theodore Gallup and are located on Eaton Grange Road (Tax Map #s 01-174-386 and 01-248-391). Call to Order Regular Meeting Vice-Chair Lang was acting Chair for this meeting. She called the meeting to order at 7:05 p.m. Roll Call. Chairwoman Lang designated Alternate Board Member David Hill to sit for Board Member McCarthy. Approval of Minutes. Motion: Board Member Pogust moved to approve the minutes of the September 18, 2018 Keyser Road site walk as written. Ex-Officio Board Member Curless seconded the motion. The motion carried by a vote of five (5) in favor with one abstention. Chairwoman Lang abstained as she did not attend the site walk. Motion: Board Member Pogust moved to approve the minutes of the September 25, 2018 regular meeting as written. Board Member Lowe seconded the motion. The motion carried by a vote of four (4) in favor with two abstentions. Chairwoman Lang and Ex-Officio Board Member Curless abstained as did not attend the meeting. The Land Use Coordinator put forward the corrections received for the November 13, 2018 draft minutes. Chairwoman Lang asked if there were any further corrections or discussion. Hearing none, Chairwoman Lang asked for a motion to approve the minutes as amended. Motion: Board Member Hill moved to approve the minutes of the November 13, 2018 regular meeting as amended. Board Member Pogust seconded the motion. The motion carried by a vote of five (5) in favor with one abstention. Board Member Angeli abstained as he did not attend the meeting. Public Hearing Case # P-18-07: Conditional Use Permit application public hearing continued from November 13, 2018 meeting. Request submitted by Michael and Pipere Sailer of 195 Birch Hill Road (Tax Map 01-576-410) to allow construction of a driveway within the Steep Slope Overlay District. Applicant requests a 30-day extension to provide the information requested by Planning Board. Chairwoman Lang opened the public hearing. Motion: Board Member Pogust moved to grant the Applicant’s request for an extension to the January 8, 2019 regular meeting. In addition, the applicant must provide the Land Use Coordinator the information requested by the Planning Board before December 28, 2018. Ex-Officio Board Member Curless seconded the motion. The motion carried unanimously in the affirmative. Chairwoman Lang continued the public hearing to the January 8, 2019 regular meeting. Public Meetings Case # P-18-08: Voluntary Merger of Lots of Record application. Request submitted by Robert W. Wright to merge Tax Map 02-415-229 (0.1 acres) and Tax Map 02-319-207 (37.8 acres). Motion: Board Member Hill moved to accept the application as presented. Board Member Pogust seconded the motion. The Board agreed the application is complete and the motion carried unanimously in the affirmative. Chairwoman Lang asked if the Board Members had any questions. Hearing none, Chairwoman Lang asked for a motion to approve the application. Motion: Board Member Pogust moved to approve the application as presented. Board Member Angeli seconded the motion. The motion carried unanimously in the affirmative. The Board Members then signed and dated the application form. The Land Use Coordinator will mail the signed and dated form to the Merrimack County Registry of Deeds to be recorded. Case # P-18-09: Lot line adjustment application. Request submitted by Evan and Patricia Janovitz for a lot line adjustment. The two properties are owned by Joseph Torro and Theodore Gallup and are located on Eaton Grange Road (Tax Map #s 01-174-386 and 01-248-391). Motion: Board Member Lowe moved to accept the application as presented. Board Member Pogust seconded the motion. The Board agreed the application is complete and the motion carried unanimously in the affirmative. The Applicants are asking for a waiver that the remainder of the two (2) parcels need not to be surveyed as the area of the lot line adjustment will meet the Town of Sutton survey accuracy requirements. Mr. Ferwerda surveyed a five (5) acre lot for the new lot line and the Eaton Grange Road frontage has been surveyed and verified. Chairwoman Lang asked if the area surveyed is the detailed area shown on the second map submitted. Mr. Ferwerda replied yes that was the area surveyed. Chairwoman Lang asked if the Board Members had any further questions. Hearing none, Chairwoman Lang asked for a motion to grant the waiver requested. Motion: Board Member Pogust moved to grant the waiver requested. Board Member Hill seconded the motion. The motion carried unanimously in the affirmative. Mr. Ferwerda explained that the purpose of the lot line adjustment was to have two (2) lots, one for the applicants to build on and one for their daughter to build on. He also informed the Board Members that the DES Permit has been approved. Chairwoman Lang mentioned that the setbacks for the Rural-Agricultural and Residential zones are different. For a house, they are 15 feet or 25 feet depending on the zone. She can see the 15 foot setback on the map. Mr. Ferwerda said that, given the proposed house locations, the surveyor split the distance and there will be 54 feet between the houses: 54 feet/2 = 27 feet on each side. Then taking away the 15 foot setback leaves 12 feet on each side. Looking at it a second way, 15 foot setback plus the 12 feet remaining is 27 feet on each side, which is greater than the 25 foot setback requirment. Board Member Pogust asked if there was to be an impediment when the applicants apply for a building permit, can the proposed house locations be shifted? Mr. Ferwerda replied yes that there is plenty of buildable room where the houses are proposed and the slope is not bad. Ex-Officio Board Member Curless suggested the Applicant assume the worst case setback and survey the corners of the houses to clearly show the setbacks are met. Mr. Ferwerda said that the lots are 5.5 acres and 91.5 acres and each has sufficient frontage. Chairwoman Lang asked Mr. Ferwerda if he was aware of the driveway requirements. Mr. Ferwerda replied yes and reviewed the topology map with the Board Memebrs. Ms. Fredrickson, an Abutter, was allowed to her questions. Why split the lots into 5.5 acres and 91.5 acres? Mr. Ferwerda replied that was done at the request of the Applicants and that 5.5 acres more than meets the lot size requirment. Is there another process to get a building permit? Mr. Ferwerda replied yes. What is the depth of the soil to ledge? Mr. Ferwerda said 3 test pits were done and the results are 2 to 4 feet and 1 to 5 feet and that they know ledge is there. Where exactly is Parcel A? Mr. Ferwerda showed her Parcel A on the map. Chairwoman Lang asked if the Board Members had any further questions. Hearing none, Chairwoman Lang asked for a motion to approve the application. Motion: Board Member Pogust moved to approve the application as presented. Board Member Lowe seconded the motion. The motion carried unanimously in the affirmative. The Board Members then signed and dated the three (3) large maps and the mylar. The Land Use Coordinator will mail the signed and dated mylar to the Merrimack County Registry of Deeds to be recorded. Chairwoman Lang then advised the members of the public in attendance that application approval is immediately effective but there is a 30-day window when someone can appeal the decision. Case #s Z-18-04 and P-18-09: Construction of a personal wireless facility. Board Members Lang and Pogust attended the balloon test on site. Ex-Officio Board Member Curless and Board Member Lowe did not see the balloon from their houses. New Business Jennifer McCourt, McCourt Engineering Associates PLLC, replied to the RFQ for an engineering consultant to help with the following tasks on an “as-needed” basis: Assist the Land Use Coordinator in the review of applications that have site engineering requirements and assess whether or not the submitted application conforms to the applicable ordinance requirements. Act as the Designated Engineer for the Planning Board to assist in public hearings on technical matters when so requested. Act as the Designated Engineer for the Planning Board to provide site observations of both potential and approved applications where technical matters are of import. Ex-Officio Board Member Curless asked about the estimated cost of an engineering consultant. The Land Use Coordinator replied that the estimated cost was included in the Land Use 2019 proposed budget. Ex-Officio Board Member Curless suggested the Land Use 2019 proposed budget be attached to the letter to the Board of Selectmen recommending McCourt Engineering Associates PLLC and that the estimated cost be specifically identified. Board Member Pogust asked about any possible conflicts of interest. He suggested that, in the case of a conflict of interest, Ms. McCourt is to step down for that application. Motion: Board Member Hill moved to recommend to the Board of Selectmen that McCourt Engineering Associates PLLC be hired to provide consulting services as outlined in the RFQ. Board Member Pogust seconded the motion. The motion carried unanimously in the affirmative. Old Business: No Old Business was brought before the Board. Other business that may legally come before the Board Administrative Lowering the fee for Voluntary Merger application. Motion: Board Member Pogust moved to change the Voluntary Merger application fee from $100 to $25. Board Member Lowe seconded the motion. After discussion and due deliberation, the motion was amended. Motion: Board Member Pogust moved to change the Voluntary Merger application fee from $100 to $50. Board Member Lowe seconded the motion. The motion carried unanimously in the affirmative. Adopting the revised Conditional Use Permit application. Motion: Board Member Pogust moved the Planning Board adopt the proposed Conditional Use Permit Application as revised. Board Member Angeli seconded the motion. The motion carried unanimously in the affirmative. Due to the time, the following were postponed until a future meeting. Reconsider wording for application deadline. Verifying abutter deeds for conservation, preservation, or agricultural restrictions. Correspondence The Board Members read the letter from the Selectmen re: noticing requirements. The Board Members briefly discussed the letter and seemed to be in agreement. Before taking further steps, the Board Members asked the Land Use Coordinator to provide each of them with a copy of the letter, the attachment to the letter, and the current Planning Board Rules of Procedure for review. Next Meeting The next meeting is scheduled for January 8, 2019. This meeting will likely be the cell tower site plan review application. The Land Use Coordinator noted that the application is quite large, meaning emailed copies may be difficult to read, and informed the Board members that hard copies of the application will be available on the Town Hall Stage after Wednesday evening. Adjournment Motion: There being no further business, Board Member Pogust moved to adjourn the meeting. Board Member Hill seconded the motion. The motion carried unanimously in the affirmative. The meeting adjourned at 8:30 p.m. Respectfully submitted, Diane M. Lander, Land Use Coordinator