June 16, 2021 | Town Admin TOWN OF SUTTON Pillsbury Memorial Town Hall 93 Main Street Sutton Mills, NH Sutton Mills, NH 03221 Select Board June 14, 2021 @ 4:30 p.m. Selectman William I. Curless, Chair, opened the meeting at 4:30 p.m. with the Pledge of Allegiance. Present at the meeting were William Curless, Chair; Dane Headley, Selectman; Walter Baker, Jr., Selectman; Robert DeFelice, Budget Chair; Emilio Cancio-Bello; Joe Bourgeois, Robert Wright, Jr., Betsy Forsham, Bonnie Hill, Don Davis, and Elly Phillips, Town Administrator. APPOINTMENTS: At 5:00 P.M. Emilio Cancio-Bello met with the Board regarding the condition of Blaisdell Hill Road. Mr. Cancio-Bello sought clarification regarding the status of the road repairs. Mr. Cancio-Bello provided a history of his discussions with Sutton-road agents over the years. Mr. Cancio-Bello said that original Road Agent Parker had a portion of the road paved due to washouts that were occurring and advised that he would put the Blaisdell Hill Road on the schedule for repairs. Road Agent Bagley also had advised Mr. Cancio-Bello that the Blaisdell Hill Road would be scheduled for repairs. Road Agent Hurst felt that the road might fair better if it was returned to dirt. Mr. Hurst indicated that trees would need to be removed in order to do repairs. Mr. Cancio-Bello thought that the matter would be referred to the Zoning Board. Mr. Cancio-Bello was informed that it is the Planning Board’s responsibility to do a site visit and conduct a hearing on Scenic Roads. Selectman Curless informed Mr. Cancio-Bello that Blaisdell Hill Road was not on the schedule so a hearing at this time is unnecessary. Mr. Cancio-Bello said that he understood that there were other roads ahead of Blaisdell Hill road but wanted ensure that the residents will be consulted and that the road would not be returned to dirt without anybody being informed. Selectman Curless advised that Shaker Road was next on the schedule and will be done over two years. Bob DeFelice advised that Blaisdell Hill was not on their Budget Committee’s schedule which covers three years. Mr. Cancio-Bello asked about having some patching done. Selectman Baker recommended that Mr. Cancio-Bello discuss patching with Adam Hurst, Road Agent. Mr. Cancio-Bello invited the Board to attend the meeting at the Professional Development Center at 5:00 p.m. on June 17 to discuss the proposed STEAM addition. At 5:10 p.m. Selectman Curless announced a recess until 5:30 p.m. At 5:30 P.M. Selectman Curless opened the Public Hearing regarding adoption of an Ordinance to Regulate the Use of OHRV for owners to access their property via a Class VI Road. Selectman Curless read the proposed ordinance into the record: TOWN OF SUTTON, NEW HAMPSHIRE OPERATION OF OFF HIGHWAY ROAD VEHICLES (OHRV) ORDINANCE Purpose This ordinance is intended to regulate the use of “Off highway recreational vehicles”. Authority Pursuant to the authority of NH RSAs 41:11 which authorizes the Select Board to regulate the use of roads in the town, and 215-A:15 which specifically authorizes the Select Board to make special regulations concerning OHRVs, the Sutton Select Board does hereby enact the following: Definition “Off highway recreational vehicle or OHRV” is defined pursuant to RSA 215-A:1(VI), and said definition is adopted herein. Permitted Use An owner of property located on a Class VI road in the Town of Sutton, may operate an OHRV on said Class VI road for the purpose of access to their property with written permission from the Select Board. Said operation is prohibited between March 1 and June 1. Any and all use of an OHRV not consistent with this provision, or an applicable State statute, is expressly prohibited. Penalties/Enforcement Enforcement of this ordinance is pursuant to NH RSA 31:39-c. Any person who violates the provisions of this ordinance shall be guilty of a violation and shall be fined: First Offense $100 fine Second Offense $250 fine Third Offense $500 fine Selectman Curless asked for input from the audience. Betsy Forsham emphasized that the ordinance was limited to OHRV access for the property owner observing that so many Class VI roads have been ruined in Sutton. Selectman Curless recommended that the written permission from the Select Board be on the person of the OHRV operator and specifically referenced the OHRV registration information. The Board agreed that the permit would need to be renewed annually along with the OHRV registration. Mr. Bourgeois reviewed the reasons why he requested that the Town adopt such an ordinance adding that he had discussed the proposed access with his neighbor who had no objection to the proposed use. Mr. Bourgeois noted that trucks and other vehicles which had legal access did damage to the roads. Selectman Wright felt people should have access to their property and felt that permits should not be issued by email. The number of permits per property was discussed noting that some properties have multiple owners. Selectman Headley elaborated on enforcement action and emphasized that each operator will need written permission. Selectman Baker recommended that the road be inspected and the condition noted prior to issuance of the permit. Selectman Curless closed the public hearing at 5:42 p.m. and thanked everyone for attending. The Board will review a final draft of the ordinance and permission form prior to adoption and will revisit the matter at their next regularly scheduled meeting. The minutes from June 7, 2021, were approved as written. The Board reviewed and approved the following manifests: Vendor Manifest: $ 8,670.25 Payroll Manifest: $10,173.82 BUILDING PERMITS: The Board reviewed and approved the following building permits: Steven Nielson, 04-440-573, Route 114, for a solar array. David Cormier, 08-265-552, Felch Road for a home. OLD BUSINESS: The Board discussed the Stotler property. It was the intention of the Town to file a motion for clarification regarding the Court’s decision. Due to the amount of time that has passed since the decision, the Town will be required to refile. It was the unanimous decision of the Board to instruct Counsel to refile with the Court. The Board issued a letter to Peter Sykes, Map/Lot 05-420-452 regarding zoning issues. Selectman Headley and Selectman Curless agreed to meet at the Smith property for a progress inspection. Phillips will notice the site visit. Selectman Headley reported on the Building Code/Building Inspector position. The building code for the Town of Sutton is fairly basic. It was suggested that people building new homes be provided with a website link for NH building codes. A handout will be drafted. The criteria for issuing Certificates of Occupancy was also discussed. The Board will ask the Planning and Zoning Administrator to follow up with Counsel on the matter. NEW BUSINESS: Selectman Headley made a motion to appoint Charles Bolduc, as a Planning Board Member for a term until March 2023 to fill the vacancy due to the resignation of David Angeli. Selectman Baker seconded the motion. The motion passed by a unanimous affirmative vote. In addition, the Board issued a certificate of appointment. Selectman Baker reported on several complaints that he has received regarding the Kezar Lake Boat Ramp. Selectman Baker has discussed the matter with the Road Agent. Charles Ash also called the problem to the attention of the Board and has been pursuing the matter. It was noted that any repairs will likely involve permitting. Perhaps, with a PBN, if no equipment is involved. Phillips will contact the State regarding the matter because the boat access is in the State’s right-of-way. Fish and Game has provided plans and specifications for dock construction. Selectman Baker will bring the matter to the attention of the Conservation Commission. Betsy Forsham and Don Davis provided further information regarding the Boat Ramp. Don Davis recollected that the ramp was installed in the 1980’s by the DOT in order to protect the state road. Mr. Davis discussed RSA 233 which requires that Fish and Game provide access for all great ponds 10 acres or larger in area. On the Fish & Game website it states that there is access at Horse Beach across from the North Sutton Improvement Society. The scope of repairs was discussed. If the repairs can be done manually, then permitting may not be necessary. Liability for any damage is specified under RSA 212:34. SELECTMEN’S COMMENTS: Selectman Headley recommended, since in-person meetings were resuming, that the Town should obtain another microphone so the microphones can be easily accessed by board members during meetings. PUBLIC INPUT: Robert DeFelice provided the Board with a sample of the wage survey that the Budget Committee is compiling. Mr. DeFelice discussed the Boat Ramp noting that it is in the state’s right-of-way. Access is required to Kezar Lake due to the size of the lake. There is a secondary access in the park. Mr. DeFelice encouraged the Board to attend the KRSD meeting regarding the STEAM addition. There being no further business, the meeting was adjourned at 5:55 p.m. Respectfully submitted, Elly Phillips Town Administrator