Hominy Pot Road Bridge

Fox Chase Road

Fox Chase Road History• Original Layout: 1785 (33’ ROW)• Discontinued subject to gates and bars:

1933• Maintenance of the road taken over by

O’Neill, then Curriers (Fox Chase facility)• Road Association formed 2005• 13 homes with frontage on road today

Fox Chase RoadConditional Layout Process• 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.”

Fox Chase RoadConditional Layout (continued)• 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. • 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.

Fox Chase RoadConditional Layout (Continued)Step Two• 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.

• 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 RoadBetterment 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)

• 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.

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 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 PartiesAnyone 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. • 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.• 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 citizen who opposes a permit may likewise

appeal the decision to the Town Select Board.

Noise OrdinanceExisting Language:

Source: Sutton Zoning Ordinance; General Provisions

Noise OrdinanceOrdinance 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 OrdinanceTimeframes:• 10PM to 7AM Monday through Saturday• 10 PM Saturday through 10AM Sunday

Noise OrdinanceExemptions:• Warning signals, horns, sirens• Authorized emergency vehicles• Emergency maintenance work by Town or others• Routine Town maintenance work where notice is

given to abutters• Temporary construction noise where a permit is given• Snowblowers, snow removal equipment• Parades & public gatherings with permit

Noise OrdinanceRegulated:• Within 500 feet of schools, churches• Horns, signaling devices when unreasonably loud or long

in duration• Loud speakers, amplified sound for advertising• Party noise disburbing neighbors• Radio, music disturbing neighbors• Yelling, shouting• Construction vehicles & equipment (within quiet hours)• Timber harvest equipment (within quiet hours)