Hominy Pot Road Bridge

Fox Chase Road

Fox Chase Road History Original Layout: 1785 (33’ ROW) Original Layout: 1785 (33’ ROW) Discontinued subject to gates and bars: 1933 Discontinued subject to gates and bars: 1933 Maintenance of the road taken over by O’Neill, then Curriers (Fox Chase facility) Maintenance of the road taken over by O’Neill, then Curriers (Fox Chase facility) Road Association formed 2005 Road Association formed homes with frontage on road today 13 homes with frontage on road today

Fox Chase Road Conditional Layout Process RSA 231:28 Conditional Layout For Existing Private Rights-of-Way or Class VI Highways (1989) RSA 231:28 Conditional Layout For Existing Private Rights-of-Way or Class VI Highways (1989) “Whenever the Selectmen receive a petition to lay out roads over existing private rights-of-way or to lay out a Class V road over an existing Class VI highway, and the highway does not conform to construction standards…currently in effect in the town, the Selectmen may conditionally lay out roads upon compliance with betterment assessments as provided in this section, and in RSA 231:29-33.” “Whenever the Selectmen receive a petition to lay out roads over existing private rights-of-way or to lay out a Class V road over an existing Class VI highway, and the highway does not conform to construction standards…currently in effect in the town, the Selectmen may conditionally lay out roads upon compliance with betterment assessments as provided in this section, and in RSA 231:29-33.”

Fox Chase Road Conditional Layout (continued) Selectmen must find there is an “occasion” to layout the road – two step process (RSA 231:8) Selectmen must find there is an “occasion” to layout the road – two step process (RSA 231:8) Step One Balance public interest in the layout against the rights of the affected landowners. Balance public interest in the layout against the rights of the affected landowners. No burden on landowners because land is not being taken (right-of-way is historical). No burden on landowners because land is not being taken (right-of-way is historical). Public interest served by ensuring adequate access by public vehicles to existing buildings. Public interest served by ensuring adequate access by public vehicles to existing buildings.

Fox Chase Road Conditional Layout (Continued) Step Two Balance the public interest in the layout with the burden it would impose upon the town, usually financial. Balance the public interest in the layout with the burden it would impose upon the town, usually financial. There would be no financial burden on the taxpayers for construction due to the betterment assessment. There would be no financial burden on the taxpayers for construction due to the betterment assessment. The burden for future maintenance and possible future reconstruction may be found to be light given the condition of the road after the improvements made pursuant to the betterment assessment and the length of the road that will be maintained. The burden for future maintenance and possible future reconstruction may be found to be light given the condition of the road after the improvements made pursuant to the betterment assessment and the length of the road that will be maintained.

Fox Chase Road Betterment Process All assessments create a lien on the property, which continue until discharged per selectmen’s terms or per court judgment. Liens subject to interest and other charges applicable to collection of delinquent taxes. (RSA 231:30) All assessments create a lien on the property, which continue until discharged per selectmen’s terms or per court judgment. Liens subject to interest and other charges applicable to collection of delinquent taxes. (RSA 231:30) Selectmen commit liens to tax collector, who has same rights and liabilities, authority and remedies as in collection of taxes. (RSA 231:31) Selectmen commit liens to tax collector, who has same rights and liabilities, authority and remedies as in collection of taxes. (RSA 231:31) Time period for payment of betterment up to 10 years. Time period for payment of betterment up to 10 years.

Town Boundary Issue

Large Gathering Ordinance Purpose: The Town of Sutton is supportive of charitable events and other large gatherings but finds it is necessary for the protection of health, safety and welfare of the general public and quality of life within the Town and to prevent the degradation of the environment to enact this ordinanceas authorized by NH RSA 155:37, NH RSA 286:2, and NH RSA 31:39, regulating large gatherings. The Town of Sutton is supportive of charitable events and other large gatherings but finds it is necessary for the protection of health, safety and welfare of the general public and quality of life within the Town and to prevent the degradation of the environment to enact this ordinance, as authorized by NH RSA 155:37, NH RSA 286:2, and NH RSA 31:39, regulating large gatherings.

Large Gathering Ordinance Regulated Activities: …any fundraising event, festival, exhibition, amusement show, fair, theatrical performance, road event (including, but not limited to foot race, bicycle ride or race, motorcycle ride or race), music concert, parade or other entertainment event for 100 or more people

Large Gathering Ordinance Exempted Activities …events held, sponsored or promoted by the Town on public property, youth sports and recreation games, and school events (Notification of Chief of Police required 14 days in advance. Police details may be assigned.)

Large Gathering Ordinance Private Parties Anyone holding a private party on private, residential property for 100 or more people not covered by section 2.1 above [regulated activities] is required to notify the Chief of police at least 72 hours before the event (Chief of Police to determined need for public safety, health issues)

Large Gathering Ordinance Expedited Process Available in the case of urgency due to spontaneous expression or fast breaking events. Available in the case of urgency due to spontaneous expression or fast breaking events. 48 hour turn-around. 48 hour turn-around. Purpose is to allow individuals the legitimate right to exercise free speech rights without undue delay balanced against the town having sufficient time to assess the request so that adequate law enforcement is available and prepared to ensure public safety. Purpose is to allow individuals the legitimate right to exercise free speech rights without undue delay balanced against the town having sufficient time to assess the request so that adequate law enforcement is available and prepared to ensure public safety. As soon as the town believes that the proper measures are in place to protect the public as well as those expressing under the permit, it shall issue the permit. As soon as the town believes that the proper measures are in place to protect the public as well as those expressing under the permit, it shall issue the permit.

Large Gathering Ordinance Appeals Process Any person or entity whose application has been denied or approved with conditions may appeal the decision to the Town Select Board. Any person or entity whose application has been denied or approved with conditions may appeal the decision to the Town Select Board. Any citizen who opposes a permit may likewise appeal the decision to the Town Select Board. Any citizen who opposes a permit may likewise appeal the decision to the Town Select Board.

Noise Ordinance Existing Language: Source: Sutton Zoning Ordinance; General Provisions

Noise Ordinance Ordinance Language: It shall be unlawful for any person occupying or having charge of any building or premises or any part thereof in the Town of Sutton, to make, continue, or cause to be made or continued any unreasonably loud noise which either disturbs, injures, or endangers the comfort, repose, health, peace or safety of others, within the limits of the town.

Noise Ordinance Timeframes: 10PM to 7AM Monday through Saturday 10PM to 7AM Monday through Saturday 10 PM Saturday through 10AM Sunday 10 PM Saturday through 10AM Sunday

Noise Ordinance Exemptions: Warning signals, horns, sirens Warning signals, horns, sirens Authorized emergency vehicles Authorized emergency vehicles Emergency maintenance work by Town or others Emergency maintenance work by Town or others Routine Town maintenance work where notice is given to abutters Routine Town maintenance work where notice is given to abutters Temporary construction noise where a permit is given Temporary construction noise where a permit is given Snowblowers, snow removal equipment Snowblowers, snow removal equipment Parades & public gatherings with permit Parades & public gatherings with permit

Noise Ordinance Regulated: Within 500 feet of schools, churches Within 500 feet of schools, churches Horns, signaling devices when unreasonably loud or long in duration Horns, signaling devices when unreasonably loud or long in duration Loud speakers, amplified sound for advertising Loud speakers, amplified sound for advertising Party noise disburbing neighbors Party noise disburbing neighbors Radio, music disturbing neighbors Radio, music disturbing neighbors Yelling, shouting Yelling, shouting Construction vehicles & equipment (within quiet hours) Construction vehicles & equipment (within quiet hours) Timber harvest equipment (within quiet hours) Timber harvest equipment (within quiet hours)