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 Road
Conditional 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 Road
Conditional 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 Road
Conditional 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 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)
• 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 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.
• 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 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
• 10 PM Saturday through 10AM Sunday
Noise Ordinance
Exemptions:
• 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 Ordinance
Regulated:
• 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)