TOWN OF SUTTON
Zoning Board of Adjustment

 October 26, 2016 (7:00 p.m.)
Pillsbury Memorial Hall
93 Main Street
Sutton Mills, NH 03221

The meeting was called to order at 7:04 PM, by the Chair, Derek Lick.

Present
ZBA Members:  Derek Lick (Chair), Dane Headley, Doug Sweet, Betsy Forsham and Sue Reel.
Land Use Coordinator: Ed Canane
Other parties in attendance
Tania Biron (Applicant) and Lisa (get last name) as a supporter `for the application.

The Chair welcomed Betsy Forsham as a new member of the Sutton ZBA.

BYRON HEARING 2016-03 OPENED AT 7:10 p.m.
An appeal by Tania L. Biron, for a Special Exception to Article V, Section B of the Sutton Zoning Ordinance as follows:  To provide temporary housing and care for pre-adopted puppies during the period of their arrival in NH to subsequent pickup by their adopting families; in a Rural/Agricultural District, Tax Map/Lot # 05/542-420. Hearing Number: 2016-03.

Chair Lick explained the process to applicants. Then said “the following questions need to be considered and answered by the Board:
Is the application/request a permitted use?
If not a permitted us, is it considered a dog kennel?
If it is determined a dog kennel then a Special Exception would be required.
If the use is determined not to be a Kennel, then a Variance would be required.
After a Q&A between the Board and the applicant, the board determined the use is a Kennel and to go forward with a Special Exception.”

Biron explained they want to use her home and a part of a puppy rescue effort. “For Dogs Sake Rescue” is an organization that rescues puppies from Arkansas and Alabama and works with adopting organizations such as Biron’s.

Biron said all the puppies have a health certificate before they leave their place of origin
Dr. Elizabeth Kellet of Blackwater Veterinary has consulted with Biron on this effort. No formal arrangement has been set, or arrived at, as of yet.

Chair Lick: What does State of NH look for?
Lisa: That the puppies are well fed, have a health certificate, NH facility is good, strict records are maintained.

Chair Lick: Do they require special facilities?
Lisa:  Comparison was made with Mary’s Dogs in Northwood – more casual with wire creates, plastic, etc. Casual at Biron’s.

Chair Lick: Do pups come together?
Lisa:  Yes, small groups out of crates at a time. Clean crates.

Headley: What is maximum number of dogs?
Lisa: That is mandated by state.  Lisa said 15 – 20.

Biron: The Vet asked why not use existing facilities? Biron explained keeping the pups loved and handled is critical and they can do that in a home environment.
Chair Lick: How many how many days?

Lisa: 15 or 20 dogs.  6 days total. Twice a month.
Chair Lick: A hallmark of a kennel is fee for service.
Tania: No profit, services that are paid for go directly to the provider of the service.

Forsham: What if adopter has not taken a puppy what do you do?
Tania: That has never happened. If it does, there is a waiting list whereby the puppy could be placed very quickly. Also local foster homes are being considered.
Lisa: There is a monetary investment adopters have already made that is incentive.
A question from the Sutton Planning Board relayed by the LU: What is the age of these puppies?

Byron: Could be 8-10 Months. Majority of puppies are 10-12 weeks.

Reel: Will you have official license?

Biron: Private transport.
Lisa: Yes, they are licensed through USDA

Biron: Plenty of parking. All adopters for a whole year will not equal to one football game
Chair Lick: Will these all be puppies?
Biron: Yes, puppies.

Chair Lick: Are there any outdoor runs?
Biron: No, they need to be quarantined for 2 days so all puppies can be identified to be healthy.

Chair Lick then asked the Board Members: “Any Questions?”.
Headley: What if an adopter cannot pick up a puppy?
Lisa:  The adoptions (pickups) are scheduled 2 weeks prior.

Headley: Where is puppy initially adopted?
Biron:  Online.
Lisa: Not everyone is accepted to get a puppy.

Sweet:  Why are there so many puppies up for adoption?
Biron:  The dogs are considered property down south, no neutering. 5,000 dogs are euthanized in Alabama each day.

Sweet: Do you live at the property on the application?

Biron: Not presently. It is being renovated. Live at mother’s house next door.

Sweet:  Are you going to have sign?
Biron:  No. maybe a “paw print” during adopter days.

Headley: How do people get your service?

Biron: Multiple levels.

Headley: What is the age of a puppy that is brought in?
Biron: 6 to 8 Months.

Sweet: What are your plans for animal waste?
Biron: Using Naughtons (local trash hauler) twice a month.

The Chair closes the Q&A and opens up a discussion of the ZBA Members with the following question: “IS IT KENNEL?”.
Headley: Do we have a definition of a Kennel?
Lick: Use Webster’s.
Sweet: Is it a home business?
Forsham:  Usually money is involved for a business.

Chair Lick: Reads the definition of a kennel from Webster’s: “House or shelter for dog or cat.” “Dogs. Cats are raised, trained or boarded.”.
Chair Lick: This is a difficult analysis.  My take is I could go either way.

Headley: A Special Exception would be just an exercise. This meets the criteria for a SE.
Chair Lick: Very special considerations… age, puppies, etc.. No kennel could impose such limits. But a Kennel is where dogs sleep, eat, are in crates, housing, etc.

Forsham: Noise was big factor with the kennel in Sutton.
Sweet: I think it is a kennel, and deal with it as an Special Exception.
Reel: You don’t think their barking will be an issue?
Forsham: They are inside.
Reel: Are they inside all the time?
Forsham: Most all the time.
Headley/Sweet replied: Most always except transport and brief outside time.
Chair Lick: We should make fundamental decision Is it a kennel or not?
Sweet: Submitted a motion that the applicant’s use be treated as a kennel.
Chair Lick: Seconded motion.

Discussion:
Sweet: Dogs being housed for a period of time.
Chair Lick: The definition says that for a kennel for a standard dictionary definition.
Forsham: Agrees it should be considered a kennel.

Headley: Just concerned with precedent
Reel: Agrees it should be kennel

Chair asked ZBA Members:  All in Favor of Sweets motion that the use be that of meeting the definition of a kennel under our ordnance vote Aye.
Unanimous Vote of Aye.
No Abstentions.

Does Applicant meet the requirements for a Special Exception?

Chair Lick: Moved to approve the application for Special Exception on the 5 criteria as articulated by the applicant.
Sweet: Seconded motion.
Discussion:
Chair Lick: Applicant did a fantastic job on the application.

Chair Lick: Do we want to consider any conditions such as age of dogs (difficult to police), outside, max number of dogs, hours of pickup?

Forsham: State should identify limits and requirements.
Chair Lick: Any other thoughts concerns, etc.?
Chair Lick: Call the question. Motioned To approve the Special Exception as presented by the applicant. Also use the answers for the Special Exception test as provided by the applicant as the basis for support.
Headley: Seconded motion.
Chair Lick: All in favor in approving Special Exception as presented by the applicant. Also use the answers for the Special Exception test as provided by the applicant as the basis for support, vote Aye.
Unanimous Aye vote.

No Abstentions.

Chair Lick explained process of the Special Exception, Appeal period (30 Day window for challenges to the decision) etc.

Headley: Any letters from abutters?
LUC: One letter from an abutter (parent of applicant). It is contained in each member’s packet.
Chair Lick: Signed State of NH registration form for the applicant as presented by the applicant.
Chair Lick: Submits motion of “We clearly do not require a Site Plan review”.
Sweet: Seconds Motion.
Chair Lick: Calls for a vote on the motion with an Aye if in Agreement.

Unanimous Aye Vote.
No Abstentions.
BYRON HEARING 2016-03 CLOSED AT 7:56 p.m.

 

REVIEW OF PRIOR MEETING MINUTES
Chair Lick: Minutes from June.
LUC: Made typo mistake. Should be minutes from July.
Board reviewed minutes: Discussion ensued that indicated minutes were not complete.
Some recollection indicated it was determined an attached garage and subsequently denied application.

Vote 3 to 2 that it is attached. Then vote on application: Denied. The distance was 20 something feet whereas the setback requirement is 75’.

Chair Lick: Suggested to defer the minutes until such time LUC finds the worksheets completed by the members.

 
ACCESSORY DWELLING UNITS
LUC: June 1, 2017 ADU will be permitted in the State of NH by Special Exception, Special Use or Permitted. Sent exact language of our ordinance to town counsel to determine if the language.

Chair Lick: Right or Conditional Use, Special Exception.

Doug: Solves work force housing issue and among others. Special Exception would be a good instrument to use.

Chair Lick: Concerned that our ordinance and definitions. Asks LUC to find new statute then says he will look it up.

Chair Lick: Question on the table is does our ordinance deal with ADUs?

Sweet: The current ordinance seems to handle the ADU.

Chair Lick: Is it a “Matter of Right” or can the Town impose a Special Exception as a requirement.

Chair Lick: Asks “As a matter, we would want internal/attached as a matter of right meaning permitted? Or do we want as a Special Exception?”

Headley: The problem is there is no clear definition of what is attached.

Chair Lick: Question is we do we have the power to recommend which way to go. Is it matter of right (permitted).  Comments were Betsy- A Right. Headley – SE. Sweet – SE.
Headley: As part of a Special Exception process, the ZBA can make the determination as to whether or not it is an attached or detached dwelling.
Board discussed the details of the attached versus attached. Much deliberation on “what is a common wall.”

Reel: Feels like maybe they (for an ADU) should come in front of the board.

Forsham: Heated space is not a factor as to whether or not it is attached or not.

Chair Lick: Questions LUC to ask Town Counsel:
(1) According to the new statute, are we allowed to require an SE? Or does it have to be permitted.
(2) If we can do by SE, ask town counsel to look at our ordinance and suggest changes.
(3) Does the Statute clearly define attached or detached. If it does not, have town counsel provide definition of each. Use Breeze Way or similar connection as example.

(4) Does Statue define Attached? If not, we may need to define our own.

Headley is going provide definitions on multi-family, two-family.

Forsham: We can use The Local Government Center to arrive at definitions.

Chair Lick: Issue of recording our meetings. Recordings, according to LUC, have not been retained. Chair Lick described many methods that boards use or do not use. Chair asks members “what do you think about recording”

Headley: Supports recording and keeping recording.
Chair Lick: Supports
Chair Lick: Add another question – ZBA would like to carry on meeting minutes. Once we approve meetings, does the recording need to be kept?

Chair Lick: With unanimous consent of members of the board, scheduled a meeting for 16^th of November to discuss ADUs.

Canane: Commenting as a Citizen, requested of the board that they consider detached ADU for a Special Exception.

Chair Lick: Motioned to adjourn.

Headley: Seconded Motion.
Meeting adjourned at 9:20 P.M.

Respectfully Submitted,

Ed Canane
Town of Sutton
Land Use Coordinator