Town of Sutton
Zoning Board of Adjustment
PO Box 487
Sutton Mills, NH 03260
 Hearing Minutes September 29, 2004 ______________________________________________________________________________
The Town of Sutton Zoning Board of Adjustment met at the Pillsbury Memorial Hall, Main Street, Sutton Mills on Wednesday September 29, 2004 at 7:30 pm.
The assistant took roll call - members present were Bill Hallahan, Dane Headley, Doug Sweet, Ed Canane and Kevin Carr.
The assistant read the information
ZBA Hearing Case # 04-09
Tax Map # 07 Lot # 942,393 Book # 1290 Page # 449
The applicant, Raven Rossmiller requests a special exception to the terms of Article IV, Section B-2 in order to use space in the First Freewill Baptist Church. Rte 114, to operate a year round Christian Daycare and Pre-school, a Residential Zone in North Sutton.
The notice was posted at the Town Hall, in the Intertown Record Newspaper, North and South Sutton Post Offices, and the Bradford Post Office. There were no correspondences received in the mail.
Bill Hallahan asked if all fees were paid, and they were.
Bill Hallahan advised the applicant that the board would listen to comments, then deliberate, then take a vote on whether to grant the request or not. There are 5 board members and the vote would have to have a majority to grant.
Bill read the ordinance pertaining to the request for a daycare. He asked questions regarding the number of students, up to 25, and the staffing requirements, 4 students to one staff. Bill asked if the Deacons of the church were in favor and they were. They were there and Bill read a letter form the deacons approving the request for a Daycare. Bill questioned the letter indicating that the septic design system was done by Bristol and Sweet as that company could not find any record of that. It was decided that Bristol and Sweet in 1990, had done some boundary line work. Walter Partridge, a deacon, indicated that that was an error he thinks that it was actually Clayton miller that did the system.
Bill read the planning board pre approval that there would need to be ZBA approval, Traffic flow onto the church property will enter from the north side of the church off of Route114 and exit from the south side on to Keyser St and that State approval to operate a children’s daycare and preschool at the church will be submitted as part of the applicant’s record.
Bill asked if the children would be kept inside. Ms. Rossmiller explained that there would be recess, and that signed release forms would be required from the parents to take the children out of the building. Bill asked when she wished to start and she said as soon as all of the licensing and approvals were granted. The health and fire inspections were ok.
Doug Sweet asked what the seating capacity of the church was, Walt Partridge replied 140-160, and unfortunately it is not always full.
Discussion was heard on where the children would play and if there would be a fence, possibly. Mention was also made of an after school program.
It was agreed that day care and after school programs were indeed needed. Bill asked if there was a limit of children, and Raven Rossmiller said 25 but doesn’t have 25 signed up has around 10 right now.
Dane Headley led a discussion on the driveways and clarification of the diagram that came with the application. The driveway pictured was not the current driveway and amendments were made to the map to show there are two driveways, one for the Follansbee Inn and one for the church.
Bill asked the public if they had any comments.
David Beard abutter and co owner of the Follansbee Inn was pleased to have a chance to speak as this would be the only time, as the state does not have a hearing. Mr. Beard explained that his is the oldest business in town, established in the 1800’s. He went on to outline the taxes, sales taxes and bank fees, consumer spending by his establishment in a 30 mile radius. He described his customer base as wanting a quite peaceful respite and did not think that 25 -50 car doors opening and closing and 2800 to 3200 comings and goings and children being let off at 7-8 in the morning would be good for his business. He has 18 rooms and 6 face the parking area where it is anticipated most of the noise will come from. He also noted that his insurance underwriter has indicated that due to the
proximity of the day care, it is possible that his insurance will go up. The fact that the planning board went along with the “State approval” didn’t reassure them. The state may not come out and look at the site. He also pointed out that he has a liquor license and was wondering if that would be jeopardized by the Day Care. Questions were also raised about the recreation area what type of fence, how this would impact the rural atmosphere of this part of Sutton. The question was also raised did they have permission from Smiley Grove to use the park? Not as yet.
Ian Gilmour, abutter and co owner of a bed and breakfast “Dragonflies” discussed his location history as well as taxes and rural needs for his customers. He also commented on the increased number of logging and gravel trucks and the lack of notice that it is a 25 mph zone. He stressed that the entrance would definitely be a hazard on Rte 114. He also commented that he felt like a “Scrooge” or WC Fields speaking against a much needed daycare; however the pre existing businesses and conditions have to be taken into consideration.
The fence issue was discussed and the type of fence would not be chain link the Deacons said.
Raven Rossmiller commented that the children would only be out a few times a day maybe around 10 am and 2pm
Bill commented that he thought she said the children would not be going out side, but that it was inconceivable that they would be kept inside all day.
Raven commented on the fenced in area if it was required, and the fact that the church was 200 yrs old and that the aesthetics would be taken in to view.
Kevin Carr led a discussion on the processes the state takes to approve a day care and there was more discussion on the swing sets. Rossmiller said the state may in fact say not crossing the road to get to the swings.
Ed Canane asked if there were any other suitable locations and there seemed to be none in that area.
Cathy Beard, co owner of Follansbee lead a discussion of the fact that she feels the state does not put much in to the approval of a day care. She also noted that she did not think that keeping the children inside all day was a good thing. She discussed that both the facilities have liquor licenses and wondered also what the effect of the day care would be. She also discussed the in road that is shared by the Church, the Inn and a Cabin with Tenant at the end. She asked if that road would be one way and it was clarified that just the drop off and exit for the daycare would follow a pattern. Cathy discussed the fact that they do not allow children under 10 yrs old at their Inn for two reasons, the lake is there and the liability insurance is to expensive, and the fact that their customers see
it as a quiet type of place to come to. She discussed that fact that to make any money they will have to increase their business 15-30%. Since 9-11 there has been a 300% increase in expenditures.
Dane Headley asked when the church bell rings… it rings at 8 am and stops at 11 pm
Would you be willing to start at 8 am?
Raven agree 8 am would be ok
Paul Himes from the public commented that his children both went to day care and when Sutton didn’t have a kindergarten. They were grateful to have the day care and it would be a great opportunity especially for young families to have a Christian Day Care.
Dane asked when the previous Day Care was in operation... 98-2000
Cathy Beard noted that the day care was not in operation when they purchased the Inn
Debra Blaisdell. Pastor of SFFBC commented about the fact that if they needed a fence they would make it attractive to the community... not metal
Bob Duquette-Deacon at the church commented that this would benefit the community to have a day care they are hard to find and it would also be a good outreach for young families and the church.
Ed Canane asked if the church would be getting any financial remuneration and the answer was not it is a non-profit program
Cathy Beard commented that since the church isn’t getting any money it isn’t a hardship
Bill made a motion to close public session and it passed unanimously
Bill asked for comments on the hearing
Doug Sweet is concerned about the abutter’s needs and how detrimental it is to them and also the traffic concerns
Dane is also concerned with the traffic problems
Ed feels like King Solomon… on the one hand want to encourage business and the other it will impact the quests and their insurance. Wish there was another place in town
Kevin feels that it is the best use of the property; permits use for day care, State approval system is valid and feels that the state does do a good job of regulating. It is a high traffic areas however if people would adhere to the 25mpg limit there may be not problem … except for the traffic flow with the neighbors
Bill also feels that the traffic flow is a concern, not clear where the driveways are, need to take into perspective the Follansbee’s issues
We need a day care just not sure where
Dane is the septic system and parking adequate> probably the septic is ok…
Kevin this was previously approved for 22 kids
Bill commented that the state would take a good look at it
Ed commented that as a business traveler no children under 10 is a benefit for him. The potential loss of revenue has to be considered
Work sheet was processed
Ed we’d have to put in conditions
State approval
Health inspection
Fire inspection
Traffic flow
Check septic system
Not open before 8 am
Motion made by Bill 2nd by Dane to go back in to session to make a decision
Kevin made a motion to Grant the request with conditions:
1.Approvals : State, Health and Fire
2. Septic Designer report that the system is adequate to include the day care operations
3. Day care will not open before 8 am.
The motion failed 4-1. Motion does not pass.
Hearing is closed.
9:15 pm
ZBA Hearing Case # 04-10
Tax Map # 07 Lot # 876,290 Book # 1363 Page # 704
The applicant, RCS Designs requests a variance to the terms of Article IV, Section D-2 in order to erect a building within the town’s required 75’ setback from a wetland on land owned by Louis and Nancy Pocharski at Davis Court/North Road, a Residential Zone in Sutton.
Apologies to Mr. Stewart about the time
Bill read the ordinance and discussion was started regarding other than the wetland setbacks. Mrs. Stewart discussed the facts that in the zoning laws notations are referred to for Right Of Way setbacks rather than center of the road set backs. He also referred us to information regarding a corner lot (pg 33)and the fact that you only need to pick one as the front and the other does not have to meet a strict set back.
After much discussion regarding right of way Doug Sweet noted that Mr. Stewart may have found Right of Way delineation, however our town goes by the center of the road.
After further discussion on the set back, it was decided that this application was to be postponed to post the variance for wetland setback and setback from center of the roads, Davis Court and North road.
Postponed to October 27 at 7:30 pm
10:00 PM
Apologies to Mr. Hill about the time.
ZBA Hearing Case # 04-11
Tax Map # 03 Lot # 962,022 Book # 2661 Page # 1161-1162
The applicant, David W. Hill requests a special exception to the terms of Article III, Section J-2 in order to use a (temporary dwelling) while permanent structure is being built in an Agricultural Zone at # 322 Roby Road, S Sutton
Bill read the ordinance
The assistant noted that Mr. Hill has received his building permit. When he bought the property and moved to Sutton he was unaware that the mobile home would not be allowed on the property. He noted that he has retained Kevin Rowe to start the foundation and just rec’d preliminary drawings.
Bill asked if he could be done within a year
David said yes he will have to cap off the foundation for the winter and start in the spring. He does not have the money to hire anyone else to do the house. He is a single father of 3 girls and all he wants to do is put a roof over their heads. It is his intention to be finished in a year.
He is living in a rented cottage in Newbury right now until they can move the mobile home onto the land and start building.
Bill noted that the mobile home cannot be seen from the road, the septic is in and the well is in
Kevin asked if it will be connect to the septic, yes
Dane remarked on the size of the trailer
Bill asked if there were any more questions then from the public
Gary Wilcox, an abutter, said that he will be able to see the trailer from his home and wants the board to set the time frame of one year.
Bill indicated that that is the law however if he needs a few months to finish they won’t kick him out
David feels that he will have to cap the cellar hole... and in the sping bring in the home. .. It will take about 10 hours to get the house on the cellar hole and the finish work from there will be done. He wants to be done in a year. The only other problem may be the finances. He also mentioned that he left trees in-between the properties so that there would be a buffer to shield the trailer.
Ed indicated that we put a condition of a year with return to board for re hearing if necessary
Bill asked for more comments, closed hearing to go over the worksheet, done and handed in to file
Motion was made by Dane 2nd Doug to Grant the request with one condition:
The temporary residence will be removed one year from this day. If any delay the applicant will return to the Sutton Zoning Board for a re-hearing.
The vote was unanimous to GRANT the request with one condition
The hearing was adjourned at 10:30
The assistant and the chairman met for ½ hour to discuss the budget for 2005. The Chairman will get back to the assistant.
Meeting closed 11:15 pm
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