November 17, 2016 | Town Admin TOWN OF SUTTON Zoning Board of Adjustment November 16, 2016 (7:00 p.m.) Pillsbury Memorial Hall 93 Main Street Sutton Mills, NH 03221 MEETING CALLED TO ORDER AT 7:04 PM, BY Chair, Derek Lick. Present ZBA Members: Derek Lick (Chair), Dane Headley, Doug Sweet, Betsy Forsham. Other: Land Use Coordinator (LUC): Ed Canane, Sutton Property Owner: Anthony Ocuveu. Dane Headly motioned to approve July 20, 2016 Minutes as written. 2nd by Doug Sweet. July 20, 2016 Minutes Approved by Unanimous vote. No abstentions. Derek Lick motioned to approve October 26, 2015 Minutes, with noted corrections to be made by the LUC. 2nd by Dane Headly. October 26, 2015 Minutes, with noted corrections to be made by the LUC, Approved by Unanimous vote. No abstentions. Chair Lick describes the intention of the meeting – To address the issues regarding the new State Statue, regarding Accessory Dwelling Units. Dane Headly provided results of his research as to how some communities have addressed ADUs and definitions. Two Family Dwelling: Two nearly identical units occupying the same structure. Multi-Family: A building that contains more than 2 units. ADU (definition from HUD): Separate additional living unit, attached or dettached from the primary dwelling on a single family lot. ADU much less in size, number of bedrooms, etc. Attached ADU: Common Wall between 2 living units or living areas. If breezeway is not a living area, it is de-attached. A Multi-family dwelling maintains separate utilities, separate address, other unit rented. An ADU can or cannot be rented. Chair Lick points the board to the Statute, 674:72 Accessory Dwelling Units, as the governing authority, to use as starting and ending point for the discussion. Anthony Ocuveu asked to speak – He is looking at work force house for agriculture, detached ADU. Dane Headly suggested detached be treated as attached in regards to square footage and other like items via a Special Exception. Sutton Zoning Board Motion made and unanimously adopted by the ZBA on evening of November 16, 2016: * * * Motion to revise the Sutton Zoning Ordinance as follows: Revise Article IV, Section B to read: The following uses in the Residential District may be granted by a Special Exception by the Zoning Board of Adjustment after a public hearing: Two-family dwellings, internal or attached accessory dwelling units. Detached accessory dwelling units. Nursing homes, private clubs, kindergartens and day care centers, hospitals. Churches or other religious institutions, public libraries, publicly owned municipal buildings, parks or playgrounds, public museums, educational institutions. Cluster development in accordance with Article IX of the Zoning Ordinance. Revise the definitions section of the Ordinance to read: BUILDING, ATTACHED: A building having any portion of one or more walls in common with an adjoining building or connected to an adjoining building by a roofed and enclosed structure. (Note: This definition does not apply when both adjoining buildings are to be used as dwelling units. See definition for DWELLING UNIT, ATTACHED, below.) DWELLING UNIT, ACCESSORY (ATTACHED): A residential living unit that is within or attached to a single-family dwelling, and (a) provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies, (b) contains an interior door between the principal dwelling unit and the accessory dwelling unit, (c) contains no more than 750 square feet, (d) has no more than two bedrooms, and (e) in which the owner occupies either the principal dwelling unit or the accessory dwelling unit. DWELLING UNIT, ACCESSORY (DETACHED): A residential living unit that is neither within nor attached to a single-family dwelling, and (a) provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies, (b) contains no more than 750 square feet or forty percent (40%) of the square footage of the principal dwelling unit, whichever is less, (c) has no more than two bedrooms, and (d) in which the owner occupies either the principal dwelling unit or the accessory dwelling unit. DWELLING UNIT, ATTACHED: A dwelling unit having any portion of one or more walls in common with another dwelling unit. RECAP ZBA is recommending to the Planning Board to allow, by Special Exception, attached and detached ADU. Square Foot limit to 40% of living space of principal dwelling or 750 SF, whichever is less. Defined attached and detached ADU. Doug Sweet Motioned to adjourn. Headley: Seconded Motion. Meeting adjourned at 9:50 P.M. Respectfully Submitted, Ed Canane Town of Sutton Land Use Coordinator