TOWN OF SUTTON
Planning Board
Meeting Minutes
June 10, 2008
The meeting was called to order by Chair, Dan Sundquist at 7:00 p.m. Land Use Coordinator was unable to attend hearing. Members in attendance were Carrie Thomas, David Burnham, Joe Burns, and Paul Raynor. Not in attendance were Robert Wright, Jr., Courtney Galluzzo, Rich Krajewski and Peter Blakeman. This is a continuation of the deliberation of the Roger’s application. Paul Raynor was appointed to sit for Courtney Galluzzo.
The agenda for tonight is the update on the Rogers’ subdivision. Minutes from April 22, 2008 will be discussed later.
Peter Blakeman arrived late. He handed in the field notes and road measurements from the April 24, 2008 site walk.
A few weeks ago the Board approved with conditions the Rogers subdivision and the last condition was the Town Counsel review. This review has been made and each of the members were distributed a confidential e-mail from Town Counsel explaining Jae Whitelaw’s analysis of the situation. There are recommendations from Town Counsel that need to be considered. Discussion needs to be held which may lead to modification of the conditional approval that the Board voted or it will lead in another direction towards scattered and premature.
The first change to the conditions will be the 100’buffer. This needs to be reduced back to 75’ as the legislature has not vote yet to change the footage.
Discussion between the Board members consisted of the following:
What is an exaction?
How does this work in this case?
Who pays for the upgrades to Birch Hill Road?
Does the subdivision go through even if the conditions are not met?
The Board came up with the following answers to the above questions.
An exaction is like an impact fee.
It might work in this case.
Payment could be done two ways. Either the applicant pays the entire cost or he pays a
percentage and the town raise the rest over a 6 year period. If the town
does not raise the needed funding, the applicant gets his percentage
returned to him.
No the subdivision does not go ahead until all the conditions have been met to the
Planning Board’s satisfaction.
The Board also discussed the scattered and premature existence of this subdivision. Due to there already being hazardous conditions on the road, this subdivision could be denied as scattered and premature if the applicant does not want to pay for the entire cost of the required road upgrades.
A continuation hearing was scheduled for June 24, 2008 at 7:00 p.m. Abutters, the Rogers and Town Counsel will be notified of the hearing. Final Conditions of Approval were voted on June 10, 2008 and are attached. These conditions will be the subject of the June 24, 2008 hearing.
It was also expressed that the Rogers’ have 30 days to appeal and the clock has been ticking.
Joe Burns made a motion to accept the April 22, 2008 meeting minutes. David Burnham Seconded. Unanimous.
Motion made and seconded to adjourn meeting.
Respectfully submitted,
Linda D. Ford
Land Use Coordinator
John Michael & Judith Rogers
Major Subdivision
Birch Hill Road
Final Conditions of Approval
by Planning Board, June 10, 2008
1. Deed restrictions and notes be included on the plat stating that every new home requires a sprinkler system.
2. 75’ buffer along perennial stream shall be shown on plat.
3. HISS calculations for each lot to be included on the plat.
4. Improvements to be made to sections of Birch Hill Road presently less than 16’ travel way width under the direction of the Town of Sutton’s Road Agent and according to the construction specifications in the Sutton Subdivision Regulations, including posting security for performance, to create a minimum of 16’ travel way width between the subdivision and Route 103. All cost to be borne by the applicant.
5. Stop sign or yield sign(s) be installed at intersection of Harwood Road and Birch Hill Road by the Town of Sutton’s Road Agent and in consultation with the Town of Sutton Police Department.
6. Tree removals and utility poles reset as necessary to improve snow removal and storage as directed by the Town of Sutton’s Road Agent in coordination with PSNH. All cost to be borne by the applicant.
7. All monuments to be set at lot corners.
8. All conditions subject to review by town attorney.
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