TOWN OF SUTTON
ZONING BOARD OF ADJUSTMENT
Meeting Minutes
April 16, 2008
The meeting was called to order at 7:30 p.m. Bill Hallahan, Chair. Members present were Doug Sweet, Dane Headley and William Turner.
Roll Call – all present.
Correspondence was passed out to members in attendance.
Bill Hallahan, Chair explained how a Zoning Board of Adjustment hearing is done. Due to being short one (1) member, applicant was given the option as to whether he wanted to proceed with his hearing.
PUBLIC HEARING – Frederick L. (Fritz) Pratt proceeded with his hearing. Frederick L. Pratt, Variance to Article IV, Section A of the Sutton Zoning Ordinance to place a private cemetery on Map #2, Lot #442,154 in a Residential District. Case #2008-03.
Jennifer McCourt from McCourt Engineering Associates, daughter of Fritz Pratt, spoke on the family’s behalf. Property in question is located at the corner of Blaisdell Hill Road and Blaisdell Farm Road. Main frontage is on Blaisdell Farm Road. Cemetery would be for the family members only. Cemetery would be 40’ by 40’ and placed in the center of the property with four (4) granite posts at the outside corners. Bill Hallahan, Chair requested that the wording be changed from private cemetery to “Private Burial Ground” since this would be a private cemetery on private property. He also added to the record that under the applicants Description of Circumstances, 2.b it states “Since cemeteries are not allowed in South Sutton, the restriction creates a
situation where when the existing cemeteries are full all residents will have to be buried outside the town limits of Sutton” is an untrue statement. Per RSA 289:2 a municipality must provide a burial plot for a deceased resident. Mr. Hallahan requested this statement to be taken out of the application. The hearing opened up to questions of the Board. Doug Sweet expressed concern about getting construction equipment onto the land. Per Jennifer McCourt, they will use forestry practices to get equipment in. There is one (1) spot that is wet during this time of year but does dry up during the summer. There will be no driveway. They will be walking in and out. Doug Sweet asked about the adjoining lot that is undeveloped and per law the cemetery needs to be 100’ from a dwelling. There is no law stating that a structure cannot be built within a 100’ of a burial ground. Bill Hallahan read into the record a
letter from Richard D. & Joan G. Manuel in favor of Mr. Pratt’s application. Bill Hallahan closed the information gathering part of the meeting and opened it up to the floor.
Peter Thompson, North Sutton, wanted to make sure that the burial ground meets Town and State regulations and that it is maintained by the family not the Town. Bill Hallahan requested that Peter Thompson explain the RSA 289:2. There are some plots in N. Sutton that will be becoming available and there are plots in the Millwood Cemetery.
Joanna Murphy, South Sutton also spoke in favor of this private burial ground.
Jonathan Ohler, North Sutton also spoke in favor of this request as well.
Bill Hallahan moved to accept a motion to close the hearing and discuss the application. Dane Headley so proposed. Doug Sweet seconded. Unanimous. Members filled out their worksheets.
Motion made to go back into the meeting. Dane Headley seconded. Unanimous.
Bill Hallahan made a motion to approve the Variance with the following conditions:
1. Remove the wording from the application regarding the unavailability of cemeteries in the Town of Sutton. The state requires the town to provide cemetery plots.
2. The Town will not be responsible for maintaining the private burial ground and the Pratt family will maintain this area.
Bill Hallahan made a motion that the Zoning Board of Adjustment approve the application. Dane Headley seconded. Roll Call 4/0. Unanimous.
PUBLIC HEARING – James P. Ward, Map #8, Lot #760,394, Special Exception to Article XIV, Section 1 in a Rural Agricultural District. To turn a vacant lot into a Residential Cluster Development. Case #2008-02.
Bill Hallahan, Chair explained that the Zoning Board was down one (1) member. He was given the choice to wait until we had a five (5) member board. Mr. Ward decided to wait. Bill Hallahan asked board members present if they had any input that would relate to the hearing. Bill Hallahan wanted to know if they should talk about it now or wait until the next hearing. Bill Hallahan explained to Mr. Ward that one (1) member was a lawyer whose firm was hired to represent an abutter, one (1) member was out of town and could not get back and our alternate was unable to attend.
Mr. Ward was advised that it would be a continuation of the hearing. Abutters would not be re-notified. It will be republished and posted. The next meeting will be May 21, 2008. Mr. Ward may be out of state at that time. Mr. Ward will let the Land Use Coordinator know when he can be free for a hearing. Mr. Ward signed his application for the Land Use Coordinator.
Bill Hallahan, Chair asked Mr. Ward what his understanding was after meeting with the Planning Board. Bill Hallahan wanted to know what kind of an indication he had received. Mr. Ward answered that the roads, road widths, turning radius and shared driveways were discussed. Bill Hallahan told Mr. Ward he had some input from the Fire Chief and Road Agent. Mr. Hallahan stated that “both of them claim that the information the latest information that you provided, for this meeting, was not the same information that you shared with them when you discussed this development”. Mr. Ward does not recall this. He is not sure what they are talking about. Mr. Hallahan suggested to Mr. Ward that he talk to Darrel Palmer, Fire Chief and Paul Parker, Road Agent. Mr. Ward should bring
them up to the latest information and answer any questions they may have or get input. Mr. Hallahan stated that “well that’s not what he said when we first met, things changed a bit”. Mr. Hallahan feels it is important that Mr. Ward have all “his ducks in order” with the Fire Chief and the Road Agent. The Zoning Board is here to decide whether he meets the five (5) criteria for a special exception which does not go into driveways, turning radiuses and slopes. These will be addressed by the Planning Board.
Mr. Ward wanted to know what issues he needs to address to satisfy the Zoning Board of Adjustment at this point. Mr. Hallahan talked about the special exception requirements.
Land Use Coordinator stopped the tape. She felt continuing this type of conversation was not “legal”. During this time Garrett Evans, South Sutton, asked to speak. He was told NO.
Recorder was turned back on. Mr. Ward was told he would be scheduled for a public hearing on May 21, 2008.
Mr. Hallahan then asked Garrett Evans if he wished to speak. Mr. Evans explained that he was told by Elly Phillips, Town Administrator who spoke with Town Counsel that the Zoning Board of Adjustment does not participate in conceptual hearings. Which then led to Mr. Hallahan saying “we all, at this table have the same information now about this particular application. Ward has had several occasions to try and have this particular meeting. We’ve been back and forth. I’m trying to advise him over the phone and through the mail what is required and why it is required. The Planning Board and the Zoning Board of Adjustment both get involved and the Planning Board has already had a hearing with him so we are just trying to set him straight, do it when everyone is here and do
it when everyone has the same information”.
Amy Highstrom, owner of Mo’s Revocable Trust, abutter to Mr. Ward’s land on Baker Hill Road requested that she be notified of the next hearing. Per Mr. Hallahan because this is a continuation, the Zoning Board of Adjustment will not notify you as abutters like the first time but will publish the fact that there will be a continuation of the meeting on May 21, 2008. If it changes then abutters will be notified. Ms. Highstrom submitted a letter to be put in the file for the continuation hearing in May.
Bill Hallahan made a motion to adjourn the meeting at 8:20 p.m. Dane Headley seconded. Unanimous.
Respectfully submitted,
Linda D. Ford
Land Use Coordinator
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