May 6, 2022 | Town Admin TOWN OF SUTTON Pillsbury Memorial Town Hall 93 Main Street Sutton Mills, NH Sutton Mills, NH 03221 Select Board April 25, 2022 @ 5:30 p.m. Dane Headley, Selectman, opened the meeting at 5:25 p.m. with the Pledge of Allegiance. Selectman Headley called the roll. Present at the meeting were: Dane Headley, Chair; Walter Baker, Jr., Selectman; Michael McManus, Selectman; Laura Spector-Morgan, Esq., Town Counsel; Glenn Pogust, Planning Board Chair; Roger Wells, Planning Board Vice-Chair; Peter Stanley, Planning and Zoning Administrator; Linda Park, Gary Watkins, Danielle and Ira Thomas and Elly Phillips, Town Administrator. APPOINTMENTS: Linda Park, Gary Watkins, Danielle and Ira Thomas, met with the Board to discuss their concerns regarding the Peacock Hill Cluster Subdivision and Planning Board process. Ms. Thomas raised issues concerning the noticing process and continuation of the meeting. Ms. Thomas felt that based on the Planning Board’s Rules of Procedure, the application should have been rejected because it was incomplete and re-noticing should have occurred. Ms. Thomas indicated that the public perception was that the Planning Board was favoring the applicant. Attorney Spector-Morgan advised that to the extent that the meeting was noticed and opened, it could be continued. Ms. Spector-Morgan also said that the Planning Board has a constitutional duty to assist the applicant. Linda Park also addressed the process, and asked Attorney Spector-Morgan, who has authority over the ZBA and the Planning Board? Attorney Spector-Morgan described the appeal process. Ms. Park asked how does one address the errors and behaviors that they have observed? Ms. Park asked if the emails she had written dated April 22, 2022, had been distributed to the appropriate parties and was advised that they were. For the record Ms. Park stated that she understood that the Select Board did not have oversight over this, but at the first ZBA hearing it was stated that the development is not in the spirit of the ordinance. At the second hearing the applicant was told the development was in the spirit of the ordinance. However, as she understood it nothing was changed in the plans. This struck her in terms of procedure. Attorney Spector-Morgan explained the appeal process. Ms. Park expressed concern regarding wetlands review. Ms. Park and Ms. Thomas emphasized the importance of stipulations for the common land. Attorney Morgan-Spector identified the roles of the Zoning, Planning and Select Boards comparing them to the judicial, legislative, and executive/enforcement branches of government (at the local level). The citizens expressed concerns regarding the enforcement aspects of the proposed subdivision. Ms. Park asked about and was informed of the Select Board’s appointment process. Ira Thomas asked about the Land Use Office hours and said that he was having difficulties communicating with that office. Mr. Thomas was informed that Land Use Office hours were by appointment and to let the Town Administrator know of any problems with coordinating an appointment. Presentation of the public information files was also discussed. Mr. Watkins, speaking on behalf of his wife and other members of the public, felt that they did not receive due process. The East Sutton Road residents thanked the Board for hearing their concerns and Selectman Headley thanked the citizens for bringing this matter to the Board’s attention. Selectman Baker made a motion to approve the April 18, 2022, minutes. Selectman McManus seconded the motion. There being no discussion, the motion passed by a unanimous affirmative vote. The Board reviewed and approved the following manifests: Vendor Manifest: $231,956.31 Payroll Manifest: $ 15,841.50 The Board reviewed and approved the following building permits: Diego Solimine, Map 02-744-400, Route 114 for a 14 X 20 shed Robert & Rebecca Harrington, 04-597-495, Newbury Road, for a home. OLD BUSINESS: The Board will present the draft Code of Conduct Policy to board/committee chairs at their meeting that is being conducted on May 2, 2022. The Board received sample Building and Grounds job descriptions for review. The Board discussed the next steps for the Stotler cleanup. NEW BUSINESS: The Board executed a contract with Sanders Searches for lien/deed research. The Board issued an abatement for Judith and Lawrence Richard, Map 01-445-073, in the amount of $76.93. The cause of the abatement was a posting error. The Board issued a Yield Tax for Woodlot and Grange, Map 01-338-510+, in the amount of $2,239.32 Action was deferred on a Zoning Enforcement Letter for Laylo Properties, Map 04-072-018. REVIEW OF CORRESPONDENCE: DRA Notification of 2022 equalized valuation SELECT BOARD COMMENTS: The Board deferred Select Board comments to a future meeting so that Selectmen Baker and McManus could leave to attend the Budget Committee Meeting at the Sutton Fire Department. There being no further business, the meeting was adjourned. Respectfully submitted, Elly Phillips Town Administrator