TranscriptPlanning Board Meeting ~ June 4, 2025

Heat. Heat. through after our last meeting when you mentioned that things are happening. Testing testing testing. I can't imagine how volatile. There's a delay. No, they got to be two. Oh, just under two for uh the sub which

cluster testing. Yeah. Took a while. Yes. Well, I think the ones on Royals were 800, weren't they? I never saw those. That was They were all kind of almost build out when I got here. You're talking about the ones near me, the one where the near the were the six of them. Yeah. Yeah. I think those were like within a year they were all all built. Yeah. Yeah.

a half hour. So you Friday night. Sorry. You're going to Italy Friday night. Oh, uh, Neil just got back. I did not have I don't know if he had a good time. You don't know? Well, he I picked him up at I picked up picked him up at midnight at So, they were pretty jetlagged. They had really bad colds. But how was the food? Yeah. Okay. It's like go to Italy and you have all the okay food. I mean, good lord, go to get and go. It's interesting because when we come back, it's going to be midnight. Yeah. They were, you know, had colds and other things, but it's running about 85, 90 degrees over there right now. Yeah, it was warm. But I think overall they had a good time. They went to Milan, Chik Terra, however you say it. And Rome, where were you doing? Rome, Vienna, Pisa, you name it. Where? Eight

days. Been to Rome and we're at 6:30. We are at 6:30 so we can begin. Okay, ladies and gentlemen, thank you for coming to the June 4th regular meeting of the uh Durham Planning Board. Uh we have a quorum. We have four members. Uh so roll call. Uh please join me in the pledge of allegiance.

United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. but uh we're coming up next. Um I believe you had asked to add the July date. That's also part of

this uh it's it's amendments to the agenda and set July meeting date. There is okay. So uh no amendments to the agenda. Uh when I asked about the July meeting date, uh I just want to make sure. I think it's the 2nd of July. So I don't know if we're going to if everybody's going on vacation that week. The 4th is a Friday, I believe. I am out that week. You're gone. So, one down to

I will be here. You'll be here. I looks like I'll be here. Okay. And I'll be here. And oh, by the way, Mark is uh is on duty this evening, so I will check in with him. So, I would recommend we just go ahead and stay with uh 2nd of July if everybody's okay with that. Now, uh acceptance of meeting minutes. Uh, Juliet, you had a question. Yeah. Did y'all discuss, sorry, you all discussed the Rapunova Farm last meeting? The what? I'm sorry. The Rapunova Farm event. No. Okay.

If I remember right, they submitted the uh application after our deadline. We discussed it in April, but a different but it was that was for um outdoor eating. Yeah, I just saw some notes in here saying that um it was discussed during the main meeting. The board the board just set the public hearing. That's it. Oh, okay. So, you scheduled a public hearing. We did do that. Yes. This evening. This evening. That was all that was discussed then. Okay. Great. Thank you. Um Okay. So, any other questions, comments on the minutes?

approve. So moved. Moved. Second. Seconded. Any further discussion? Seeing none, raise a hand if you vote to approve. 4. George. Informational exchange on non-aggenda items. Town officials. Uh, just give you a couple of updates. uh the community facilities study concluded

with a presentation at the select board uh of the uh greater Portland council governments that kind of facilitated the whole process and it was looking at uh the these buildings Eureka the fire station the town hall and the ball field and so after about gosh it's been at least a year long process they presented their report final report to the select board And uh pretty much as you would

expect, people see the need for the facilities, but they're concerned about paying for improvements, the needed improvements. Um, but at some point the the town recognizes that something has to be done in terms of this is a temporary meeting space and there's a lot of complications with trying to run public meetings in this building with the lack of security and trying to do executive sessions interference with uh public safety functions. It's just it's only a temporary solution. So the uh consultants and the study group and the public participation reviewed the options which included um doing a uh

renovation to the Eureka Center. Uh possibly relocating town and other issues where town office space is so cramped uh and public space uh is is equally cramped in terms of people doing doing business there. So after reviewing the options of doing something with Eureka, building a new building, uh expanding the existing town offices, the select board kind of uh came to the consensus that expanding the town offices, which was proposed back in 2006 is the is the most coste effective and realistic uh solution. Uh in the meantime, they're moving forward with trying to move these uh meetings over to the Eureka Center. the select board approved uh connecting internet, paying for the connections of internet. Uh so that's moving forward. The other thing they talked about was trying to get DOT to do something with this intersection. It does not qualify for any type of construction, but the town manager is

just trying to get them to paint a triangle out there. So at least people if there are lanes painted they know where that there is a you know you're you're not supposed to pass cars that are parked in front of you to go left when they're trying to go left. Just try to get some sense of that that could in the future lead to a perhaps a raised island uh that would help channel that traffic but it does not meet crash data to even be on MDOT's radar uh to do anything with that. So what they're talking about doing is getting an architectural study done for an expansion of the town hall uh town offices and secondly uh trying considering moving forward with a master plan for these properties to see in the long-term future uh what the goals would be. So that was that on the uh cotification. will be reporting back more but the select board did review the report that I had prepared for them with a proposed uh plan for moving forward

that I kind of talked in last meeting and uh they they endorsed moving forward on that track. So they will be hopefully setting up a meeting like we do every year with the other boards and commissions leadership to kind of set the priorities for the coming year uh sometime in June hopefully. Um, the only thing I would add is that the select board said that select board, planning board, appeals board, and budget committee could stay here, but they wanted the others to move over there and use that stuff. So, I think it's still somewhat to be determined. Uh, and then we probably just needed to decide where to go. Although, there is a conflict on Wednesdays because the agricultural committee is over there right now. I think they meet the same the same day. But all that could be sorted out. So, okay. If George has nothing else, uh, residents, any

comments? Seeing none, uh, non-residents, any comments? Seeing none, uh, continuing business, so we have a public hearing on conditional use application for seasonal outdoor wedding venue at 335 Newbrook Road, Mac 5, lot 61. uh public comment will be taken. So I've just got to read a couple of things here. Bear with me about public hearing. So uh at okay so

the planning board bylaws provide that the chairman has described the purpose of the public hearing and the procedures to be followed. I think I just did that for why we're having it. Uh the board may receive oral or documentary evidence shall exclude irrelevant or unduly repetitious evidence. The chairman shall make a determination of the relevance of any evidence or testimony and that determination can be challenged by a motion of any board member subject to a majority vote. Board members, every party shall the right to present his case in the order determined by the chairman without interruption. The chairman may impose such reasonable time limits as be met as may be necessary to ensure that all parties have adequate opportunity to be heard. Every party shall have the right to submit rebuttal evidence and to conduct crossexamination of any other party through the chair. So if anybody has any

questions, you ask me and I'll forward them. Provided however the chairman may impose such other reasonable limitations as may be necessary and abuse prevent an abuse of process. An agreed party is defined as any person who can demonstrate that he or she will suffer a particularized injury by issuance or non-issuance of the license permit approval in question. A particularized injury is one that directly operates against the party's property. Pecuniary or personal rights and injury suffered by all the citizens of the town and equal proportionate manner is not a particularized injury. Section 19.7 duries ordinance. Comments and questions should be focused on helping the planning board determine whether the application meets the adopted conditional use and site plan review criteria and standards as opposed to town growth management policies which are set at town meeting and must be followed by the planning board. The

application of staff comments were made available on the town website and the purpose of the public hearing is to receive public input on the application and not to an have an explanation of the process and ordinance requirements. And finally, these procedures and limitations on public import are required to ensure that the applicant and affected parties are given due process and the legal deadlines for a planning board decision on the application can be met. So, having read all of that, is anybody out there here to speak in favor of or against this

officially open the meeting at 7:40, I think it is. And I will close it 6:40. 6:40. And I will close it at just seemed like it took an hour to read that. Uh and and close it at 6:41. Okay. So, that part of it is done. We move on to the meat of the meeting. um which are which is our um substantive

review of conditional use application for seasonal outdoor wedding venue at 335 Newbrook Road map 5 lot 61 at this point public comment will not be taken and so uh what I'd like to do is Mr. We took we went through this uh in some detail at our last meeting Mr. the bars. If you would kind of refresh our memory and if you would uh step up here and give your name and address, we'll give you an opportunity to speak as well, but we'll start with the town planner. Yes, Mr. Chairman, board members, the applicants here requesting conditional use approval for a seasonal outdoor wedding venue uh on New York Road. And as I explained at the last meeting, the uh the zoning uh allows other commercial uses not specified in the ordinance as a conditional use. He's proposing to use a field on his 47 acre farm uh that's set back be behind a a border of trees, so it's fairly well buffered. Uh he did have a temporary access drive, and one

of the issues that came up last meeting was that the DOT permit was temporary. He has since then uh applied for and received a permanent MDOT uh permit for this for the entrance. Uh we did ask uh some questions about the proposed uh seems like a wood road goes down through the the forest buffer and the applicant indicated last time that he would be doing some site work improvements to it himself. And uh then uh the last item that the board brought up was the concern about management of these events where the applicants just going to be leasing or uh renting the the field to the applicants for the venue and then they're responsible for keeping basically in compliance with the conditional use uh criteria for noise everything else hours and those sorts of things. So the board asked to see the contract that he will use with those uh people using the facility to make sure that they understand what they have to

do. He did submit that and that is in your packet. So the two updates are the uh MDOT permit and the uh contract that you'll be using. So I did include within the packet draft findings based on the application and testimony and we can update that from last meeting. uh and you did do a cursory review went down through it and so you can uh revisit those and it's all in order for for a decision. Okay. Thank you. Sir,

do you have anything to add? Uh no, I think that we have uh we've covered most everything. Oh, I do have the uh I'll let the side here uh the contacts where I notified my neighbors of tonight's meeting public hearing. Yeah.

Anything else? Uh, no. Uh, I'd like like George was saying that we did get the permit from MDOT, uh, the change of use for the for the driveway entrance and, uh, I think that was our our biggest hurdle there. Uh, but that's taken care of. Okay. Yeah, the neighbors seem seem excited about it. I mean, they uh they're like that the property is getting used for something. Okay. Um, good. My thought for the board is that we could go back over we we need a vote on each of the the items separately that we go back over them. I think that would cover all the any remaining questions that we would have and discussion um and then vote individually on each one unless there does anybody have any general questions before we start going through the uh criteria. I'd just like to make a statement that I'm gonna step back from voting on this just because I wasn't at the last meeting. I don't want to hook you all up. So, okay. Which

means that to get approval, it requires a unanimous vote. Our rules are that it has to be a majority of the board count, which is three people. Okay. Okay. So, anything else? If not, we will begin with uh review criteria. Number one, public health impacts and I will read through them and uh we could have a discussion.

Uh public health impacts the proposed use will not create unsanitary and healthful conditions by reason of sewage disposal, emissions to the air, water, other aspect of its design or operation. Um, so findings portable to trailers and sanitation service will be contracted by the event organizer using licensed vendors. And I guess one of the questions I've got is is a def make sure we've got the dash definition right. So the event organizer is that that is the client or the people who are renting the party planner. Yes. Okay. Trash that is in our in our contract. Okay. Just want to be sure. Trash will be collected during and after events and removed from the site without using town trash collection of resources. No air or water emissions anticipated. All food service vendors will be required to comply with main CDC food safety regulations and sanitation and distancing measures will be observed

as required by current guidance. So any comments on number one public health? John, just which page are you on here? Are you going me through the I am page page 54 in packet. Thank you, George. I didn't bring my George told me I need to bring my computer and I forgot. Uh so on page 54, so these are modified the applicant submitted um his

crit his response to this and then it's been updated with uh with our comments or questions. health impacts? the criteria. Make a motion to approve section three, public safety impacts. Uh are you on the right pages? This is one of those motion made by the applicant has satisfied a reasonable burden of I think it's on the next page. Brian, pardon me. Yeah.

page 54 of the packet. Do you have that? I can help out if you need it. Go for it. Yeah. If you want to make the motion. I'll make a motion the applicant has satisfied a reasonable burden of proof of compliance with the criterion for public health impacts. Second. A second. Move has been moved and seconded. Any further discussion? Gotcha. Seeing none, please raise a hand if you approve. Unanimous. 30. Now, traffic safety impacts. The proposed use will not create unsafe vehicular pedestrian traffic conditions when added to existing and foreseeable traffic in its vicinity. U the applicant stated maximum

of 50 vehicles per event. Arrival departure will be staggered over 6 to 8 hours. Event staff will direct vehicles and ensure safe circulation. So event staff is who? Yes, that would be myself, my wife or my daughter. Okay. My adult daughter. Okay. Thank you. Parking area situation on well- drained sandy soil with natural graining. Five mile per hour speed limit posted and forced on internal drive. So you'll put up signs. I will. Yes. Site is a minimum of 500 ft of clear sight distance along Newbrook Road per included study. So he showed pictures looking left and right coming out of the uh proposed drive uh showing the uh distance. I think 511 and 531 was the other one. Mhm. And MDOT has issued a permit for the proposed driveway entrance granting permission for an entrance to a private wedding venue. Any further discussion? Seeing none, I will I will take a motion. I'll move that the applicant satisfied a reasonable burden

of proof of compliance with criterion for traffic safety impacts. Second. Been moved and seconded. Um so any further discussion? Seeing none, please raise a hand if you vote to approve. Uh, unanimous. Public safety impacts. The proposed use will not create public safety problems which would be substantially different from those created by existing uses in the neighborhood or require a substantially greater degree of municipal services than existing uses in the neighborhood. Findings: The video shield from adjacent properties by natural by mature natural tree buffers as well as privacy fences. A clear path for fire and amusance vehicles is available and chief said he would use the existing asphalt drive that you got to get back there. Use of municipal services is not anticipated except in emergencies. Any additional findings of fact? Seeing none, uh do I have a motion to approve?

satisfied a reasonable burden of proof of compliance with the criterion for public safety impacts. Moved and seconded. Any other comment? Seeing none, please raise a hand to approve. 30. Environmental impacts. The proposed use will not result in sedimentation, erosion, or have an invas adverse effect on water supplies. No permanent structures findings. No permit structures will be constructed. Restrooms and parking will be located with respect to land contours and sensitive areas. And by restrooms, you're referring to portaotties. The Yeah, the port the the restroom trailers. Okay. Oh, okay. Yeah. Yeah. Fancy. Agricultural use of land will continue. Natural vegetation preserved. No erosion or sedimentation is expected. Native flora will be undisturbed. Any additional findings?

Seeing none, do I have a motion to approve? I'll make the motion that the applicant has satisfied a reasonable burden of proof of compliance with the criterion for environmental impacts. Second. Moved and seconded. Any further discussion? Seeing none, please raise a hand to approve. Uh number five, scale and intensity of use. The proposed use will be compatible with existing uses in the neighborhood with respect to physical sight, visual impact, intensity of use, and proximity to other structures. Findings: Events are limited one per week, weekends only, maximum guest count of 100. The site is shielded from neighboring properties by mature tree buffers, limited line of sight to the venue from neighboring roads or residences. Any additional findings?

Seeing none, I'll accept a motion to approve. I'll move that the applicant has satisfied a reasonable burden to approve of compliance with the criterion for scale and intensity of use. Second. Moved and seconded. Any further discussion? Seeing none, please raise a hand to approve. It has been approved. Noise and hours of operations. The proposed use will be compatible with existing uses in the neighborhood with respect to the generation of noise and hours of operation. findings. Events may be may operate between 9:00 am and 10 p.m. Amplified music and announcements will cease by 9:30 p.m. Fireworks are prohibited um unless performed by licensed vendor with the state of Maine and city guidelines and neighbors who provide an email address will be notified of the season's event dates at least 30 days in advance. So, I have two corrections. Yes, you are prohibiting fireworks. Period. Okay. So if you would u please

on finding C fireworks uh if it just fireworks are prohibited and then line through everything after prohibited. D neighbors who provide an email address will be notified of the season's event dates at least 30 days in advance. Um I would like to to for those who

don't have email your neighbors. Yes. I would like to see you either mail them or somehow notify them. Okay. That in fact. So I I guess I would just say uh neighbors will be notified of the season's event dates at least 30 days in advance. Yes, we can do that. Is everybody else okay with that? It's fine. So, still get a lot of complaints about who uh don't do not have email addresses. So, neighbors will be notified of the season's event dates at least 30 days in advance. Any other uh comments, questions on findings? I was glad to see that the uh update on the fireworks will be prohibited. Yes. Yes. Um I love fireworks, but I mean a lot of people like them, but a lot of animals don't. Yeah. Um, in the contract that you provided, it says that um, um, music is to end at

10 p.m. Oh, that was a typo. It should have been 9:30. Okay. I made it. Good catch. So can we make a finding that uh e that uh draft contract will be amended to say that m amplified noise music will end at 9:30 correct George can we capture that de rather

event can operate until 11:00 p.m. I think I I think that was just I think that the whole thing was brought over from an old contract. I think that maybe I just didn't catch those two times. Okay. Yeah. Um so which is correct? The 9:30 and 10 is correct. Okay. Yes. Okay. And before we use that, we haven't used it. That was literally just my first draft. Uh but before we use it, I'll make sure it it confirms everything in that we discussed. We're gonna put it in writing here. So, George, can we put a end uh the event will end at 10 p.m.?

Yep. There's an A and D at after the other one or second. Is that my finding? We'll combine it. Okay. Amplified music at 9:30. Event time limit is 10 10 p.m. Okay. Clear on the fact findings of fact. Are you clear with the findings? Okay. So, having said that, uh I will take a motion. make motion that um the applicant has satisfied a reasonable burden of proof of compliance with the criterion for noise and hours of operation. Findings A, events may operate between 9:00 a.m. and 1000 p.m. and the contract that was provided will reflect those hours accordingly. Um, findings B, amplified music and announcements will cease by 9:30 p.m. and the attached contract will be revised to make that change as well instead of 10 p.m. And uh, finding C,

fireworks are prohibited. Period. and findings. D. Neighbors who provide an email address will be notified of the season's event dates at least 30 days in advance and those without an email will receive a notice via mail. Can we just say neighbors will be more notified? Perfect. If you if that way you can notify them however you would like. Just I have most of their phone numbers. I'll second that. It's been moved and seconded with the uh additions, changes um from Brian. Any other

comments? If seeing none, uh raise your hand if you approve. And George, do we need to add these changes when we get to when we get to the end if we need to add them to the conditions of approval? No. Uh there's a catchall that says that everything has to follow the testimony that he's made and uh we will revise those findings to incorporate those changes that clarify. Excellent. Thank you. Right title or interest. The applicant has sufficient right title or interest in the site of the proposed use to be able to carry out the proposed use. Findings: Wonder Wild Farm is owned by David under Castle Rock Development. Deed and proof of ownership was provided with the application. Any other findings? I would like that to read actually David Thompson. Okay. Uh so we'll please add Thompson after

the findings of fact? If not, uh do I have a motion um for approval? I will move that the applicant has satisfied a reasonable burden approval of compliance with a criterion for right title of our interest. Second moved and seconded. Any further discussion? Seeing none, uh please raise your hand to approve. 30. It's passed. Number eight, financial and technical ability. The applicant has the financial and technical ability to meet the standards of the section to comply with any conditions imposed by the planning board pursuant to section 7.5. Findings:

Estimated startup budget parking prep,000 insurance 1,200 permits and fees 225 for a total of $2,425. And B, startup funding is secured through private sources. Uh C. David Thompson brings over 20 years of experience in property management, community planning. D Wonder Wild Farms is positioned for successful and compliant operations in line with local regulations. Any additional findings or comments on those? Seeing none, uh I'll take a motion. I'll make a motion that the applicant has satisfied a reasonable burden of proof of compliance with criterion for financial and technical ability. Second. moved and second. Any further discussion? Seeing none, please raise a hand to approve. It passes. And we're now on to section 7.4 conditional use review criteria. Compliance with land use ordinances. The proposed conditional use shall meet all applicable criteria and design and criterion design and

performance standards and all articles of land use ordinance. Findings of the venue meets all zoning performance standards related to noise access frequency and sanitation. Uh and contracts with the event host require compliance with these regulation uh minor uh comment. Should it say the venue will meet all zoning or I'm only just being chicken and I'm okay if you say yeah or chicken it is. All right. Uh so do I

have a motion? The applicant our motion the applicant has satisfied a regional burden of proof of compliance with the ordinance criteria and standards. Second. Second been moved and seconded. Any further discussion? Seeing none it uh please raise your hands for approval. Okay. Thank you. This is where it all starts running together for me. Conditions of approval. Section 7.5, planning board approval conditions upon condition consideration of the criteria listed in sub section 7.4. The planning board may by majority vote attach such conditions in addition in addition to those required by other provision of this ordinance as it finds necessary to ensure compliance with those criteria and all other applicable requirements of this ordinance. Violation of any of those conditions shall be a violation of this ordinance. And there is one condition I believe uh the project is to be constructed in accordance with plans,

maps, diagrams, specifications, textual submissions and testimony presented by the application and approved by the board. So do I any other um findings on that? Seeing none, uh do I have a motion? My turn. uh to apply the

following conditions of wait that's correct to apply the following conditions of approval to the permit for conditional use. Do I have a second? Second. Been moved and seconded. Any further comment? If not, please raise a hand to approve. We're almost there. Planning board decision. Uh, the planning board grants conditional use approval of the Wonder Wild outdoor wedding venue, 355 Newbrook Road, map 5, lot 61. Um, if that's a

motion, I'll second it. Yeah, I think it was. Uh, motion. It's been moved and seconded. Uh, all those in fa any further comment, all those in favor, please raise your hand. You are done. It is approved. Thank you very much. And Mr. the barge will get you uh the official copies of the U conditional use approval. Is there anything else we need to do? Nope. Good luck. Thank you very much. I appreciate you all.

if their representative would step to the plate, please come up, give your name and address. Farm at 1252 Royalsboro Road. Okay. Uh so the first order of business is a public hearing. Do you have things you want to pass out? Yeah, some maps. Um and these are neighbor calling them signatures. There's only there's no copies though. Okay. Uh to give those assists. And while he's doing that, is there anyone who wants to speak in favor or against this? Okay. I still need to open the meeting. So it is now 7:05 and I open the public

hearing. Anybody want to speak? Seeing nobody, I will close it at 7:06. Thank you. that, the same rules apply at the end of this when we vote. It takes um three unless vote. Yeah. For us to do that. a quick uh overview of this and then it'll be your

April for conditional use for outdoor seating and indicated within that application the intent to do farm fairs and uh suppers and the board indicated that was not included in the application in terms of the request. So, the applicant is now seeking uh a change to the approved conditional use to include uh one to two one or two farm fairs per summer as well as 3 to four farm suppers. The applicant has indicated that the fairs will be held on weekends uh between the hours of 10:00 a.m. and 3 pm and the suppers will be held I'm assuming uh throughout the week between the hours of 5 to 8:00 p.m. They've indicated that the they expect in terms of the attendance to be between 100 and 200 people for the farm fairs uh and then between 50 and 100 for the farm suppers. They have included uh two diagrams, map one and map two, showing the parking for the uh farm suppers as well as the uh farm uh fair events. The

the suppers will be held in association with the market and the outdoor seating that you proposed. parking. We'll be using that parking lot with overflow parking behind the uh green houses and then the farm fair will be out behind all of the green houses and that field that I've did an air folder diagram to kind of give a clearer picture of that is where the uh the parking for the farm fair will be. So uh the applicant has provided the typical conditional use responses uh throughout the application. I've incorporated those into draft findings for you and you can uh go through those as you did with the last application and determine whether the applicant has met the conditional use criteria. Okay. Anything you'd like to add? No. All righty. Uh any question, general questions before we start going through the checklist? Mr. Chair, I would like to recuse myself from this because I was not here during the APA.

Uh, two separate issues though. I'm not going to let you. Yeah, it's two separate not to recuse myself. You still like to recuse yourself? Not to make um any comments on this application. Okay. So, we're down to three. You You're going to vote? Oh, yeah. Okay. So, we have enough. We still have But actually, can I just say something because I think this is where you were going. Um, definitely if you don't want to, that's fine. that um when they came in in April, it was a separate subject, right? Were you not you were not here in April, I guess, right? Yeah. You weren't here for the April, what we did in April, but this is separate. Oh, yeah. In April, in April, they were asking for permission for outdoor seating. Oh, I'm sorry. I saw that as part of this. This is not this is included in this. So, they asked for permission for outdoor seating for all the time. Now they're asking for permission to have farm

suppers and so a different use. The seating was to you eat out of what I'll call the restaurant uh or what a snack bar whatever. Uh and during that uh they said hey we also do these farm suppers and we do um farm fairs which are additional uses. So today we're going to discuss and approve or disapprove. Gotcha. Okay. Sorry for the delay in my ignorance. Stay focused and be an active participant. It's clarification. It's not ignorance.

approval. Uh, three out of four. So, I guess having said that, any other comments, general comments before we begin the long checklist? Seeing none, uh we going to do the same thing as we did last time with the other other project. So conditional section 7.4 conditional use review criteria. Number one is public health impacts. The um sorry Johnny, what page are you on? This is page 75 of the packet. Okay. Thank you. No problem. Thank you. So

public health impact and these are the criteria that George uh assembled for us. the applicant submitted some as part of their application and then George has um added to subtracted from or changed that. So back to public health impacts, the proposed use will not create unsanitary or unhealthful conditions by reason of sewage disposal, emissions to the air, water or other aspects of its design or operation. Uh findings. Trash will be collected in two bins with covers at the supper events and disposed of by private hauling contract. Market bathroom is available and regularly cleaned. No impact or air on air or water quality and ported potty will be available. Could I and I don't think this is chicken. Can I say that uh can we just add on finding a uh trash will also be collected for the fair events? It's a minor point, but I'm assuming you're going to do that. Yes. Okay. So, George, if we could add to a that it will also

there'll be a system collected at fair events. Yep. And there's a there's a bathroom in the building. Is that right? Correct. And then we'll have a porta potty for Yeah. The porta potty's for the fair event because of the increased people. And then uh the the supper events the bathroom on site inside can

handle handle that. Okay. And well to start off you have experience you've done suppers you've done fairs. These things have all happened in previous years at this point. Okay. And if it gets to a 100 people yet we're getting to a point maybe but we we gave that range because just to cover bases but It's closer to the, you know, 30 to it's more like 30 to 50. Okay. Realistically. Okay. Um, any additional comments on

uh public health impacts? I will move that the applicant has satisfied a reasonable burden to approve of compliance with the criteria for public health. I'll second. Moved and seconded. Any other discussion? Seeing none, please raise a hand to approve. Uh on to number two, traffic safety impacts. The proposed use will not create unsafe vehicular or pedestrian traffic conditions when added to existing and foreseeable traffic in its vicinity. Findings: During the summer events, cars will be entering and leaving at the entrance and exit signs currently at the farm parking lot. Autos will be directed by an employee to park in spots as well as directional parking signs seen in map one. During the fair events, cars will be entering and leaving at the entrance and exit signs currently at the farm parking lot. Autos will be directed by an employee to park in spots seen in map 2. Additional directional signs and place direct cars

at parking spots and field and will have an employee directing this traffic and expected have improved safety in the vicinity due to DOT installing a four-way stop sign at the intersection of Royals Rabbit and Quaker Meeting House roads. Um, two I guess one comment. Um, the one

of your signs, I think it was the exit was leaning badly and it was only you were only able to see it from one direction and that may have been fixed. I brought that up at the May April meeting, but if it's not, please, you know, get her fixed. And then the other one is the question, what's the impact of all the flashing the new signs? Do you see? Yeah, it's only been a month, so I'm just curious. Uh there's definitely been more people stopping. The commute the commuters um tend to stop in the afternoon or the evening commute more so than the morning commute. Um you mean you're seeing Walters? Is that what you mean by No, I mean stop uh stop at the store. Oh, stop at your wrong traffic. I'm in a running stop sign.

decreased. The noise from excavation dump trucks is substantially substantially higher because they're using their That's a really good point. Yeah. much. But it sounds like your business has increased since I mean I'm not the one to necessarily say just because I'm not in the I'm not maning the store, but anecdotally, yeah. No, that's good. More people being like, "What? I've never been in here. Move by it. You've never been in the store?" People who people are Yeah. Okay. So, any other comments on the the findings or additional findings? Um just in finding D. Um should we include map one and two?

That's up in B. B is the number is map one. I'm sorry. I said it. I meant D. D is map two, right? Yes. So map both map one and two are referenced. Is that what you're questioning? see. I see. He's got Okay. one listening supper and the other for fair. Okay, I got you. Yeah, I'm good. Uh I don't know. I I was going to bring this up under environmental, but um is it wet back there? Yeah, in the spring um in into even now, but uh over the years that we've been doing this u we've been pushing that date back further and further to to avoid the to avoid the Yeah. Um so so it used to be right around Father's Day. Now like I think it's mentions uh it's going to be early July this one this year. Yeah. Okay. The the fair event. The fairs is what I'm talking about. the um for the for the supper events very rarely have we had to use any of the field. Okay. It's all kind um has a wetland delineation been done? I know

when um you were building it for the first permit there was one done. I just don't know if it covered that area if we know if there's wetlands back there. uh the I can't speak speak to it the technicality of that but there was one done for the entire property um and you know that map exists somewhere I don't know if you want to think of that at all um so my concern or my not

concern my question is if there is a wetland back there it is going to be wet um maybe want to fill it like with gravel or something possibly to make it not so wet if you do have a rain event like right before or something. And then if that's the case, I think you need to know if there's wetlands in the area. Um so just a thought maybe we could pull up the wetland delineation from what back in when it was when it was first pulled. I have two two quick thoughts on it. One is uh I don't think it shows now cuz you know the resource protection map and two that is a hay field correct right that's what I was going to say it's currently a hay field so I think it's but there are wetlands right um we had a there was you

guys built something in a wetland I think your far south building is in a wetland that stream I'm not sure where you're there's a a year round pond right where that there's a wet land in this area and also there's a drainage that goes down through here. If you look at the national wetlands inventory, this is pretty much all wetland right in here. Yeah. And you can see in the farm fields, they had the ditching to try to drain that. So pretty much along this drainage course right here and this area right here are wetlands. Again, we I haven't seen the the field delineation, but the national wetland inventory shows pretty much this all being wetland right in here. So as I understand it, you come through here with your traffic and then you come around this way and then out into the field this way. So if there's any if there's any wet This would probably be the area that you can see it's wet from the air

photography. I'm just wondering if this is Yeah, this is wet. And if it is this rises doesn't matter, right? Like if it is a wetland if someone went out there and delineated long as they don't alter it. Well, so would would driving through and parking and possibly adding gravel or anything like Well, if they bring in gravel fill, then that's an alteration because the the current road there, this is the road, right? There was like gravel or something added for this through here, right? So, if they do want to extend that, maybe we either say

not allowed unless a delineation is done or something to consider. Right. The first thing I would say is we need to figure out if this is a wetland. Well, I I don't think just because something's wet, it's a wetland. No, no, I'm not saying that. I don't I just don't know if a delineation has been done. It might not be a wetland. Well, we don't re we don't require a wetland for everything, I don't think. I mean, if if if the wetlands were over

here, why, you know, why would we do a what survey somewhere else is is what I'm thinking. What we could say is we have a picture that shows roughly where the wetlands are per the the feds map and define the drive somehow so that it doesn't go in there. You put up string or caution tape or something like that that would keep them out of what we we know or believe to be what was but I mean they're hanging that son of a gun now. So yeah, the applicant has not requested site plane review to do any site improvements. So So no gravel then going in. There's no plan to put gravel anywhere in that field. Okay. And you haven't needed to in previous years? No. Okay. And if you did, would they come back for that? Well, they would have to follow the D rules for uh wetland alteration. Whether or not they'd need a site permit, that would all depend on how much they were doing. Okay. Then we just need to go back to see I'm okay

with that. Okay. Yeah, I'm okay with that. That understanding. Okay. I think we're Where did we end up? Still on traffic safety. Yes. Okay. Do I need a motion? reasonable burden of proof of compliance with criterion for traffic safety impacts. I'll second. Moved and seconded. Uh any further discussion? Seeing none, please raise your hand to approve. Uh it passes. Public safety impacts. The proposed use will not create public safety problems which would be substantially different from those created by existing uses in the neighborhood or require a substantially greater degree of municipal services than existing uses in the neighborhood. findings. The surrounding uses are residential. The only substantial safety problems has been multiple annual auto accidents at the nearby intersection, uh, which hopefully will significantly decrease. For each event or fair event, fair or supper, an employee will be

directing vehicles to appropriate parking spots to reduce any congestion. No municipal services required because an employee will be directing traffic and monitoring proper trash disposal. Any additional comments or findings? Seeing none, I'll take a motion. I'll motion that the applicant satisfies a reasonable burden of proof of compliance with the criterion for public safety impacts. Second. It's been moved and seconded. Uh any additional comments, discussion? If not, please raise a hand for approval. Thank you. Environmental impacts. The proposed use will not result in sedimentation or or erosion or have an inverse adverse effect on water supplies. Uh the findings a the supper vents will be very close to the market parking marketing parking lot and seating is located on the front porch deck or an area C map one which is level on crush stone for stability and cleanliness. Use the same areas prior

approved for 40 seats. The fair event will take place in our hay field behind the three high tunnels. The events will take place most likely in July shortly after first cut in at a time of year where the field is dry and can withstand a one-day parking event. Water use is not applicable to separate areas in the field well is located far from events. Any additional findings or comments on these findings? Um I think for a we're we're trying to say the supper events would be very close to the market parking lot. Is that right? Yes. Instead of the marketing Just just a small a chicken or

what does what does that mean? Well, there's a there's a second word that goes with it that I will not use. Okay. Chicken. Well, I'll tell you after the three TVs off. Um, very close to the market parking lot. Any other comments?

I'll move that the applicant has satisfied a reasonable burden of proof of compliance with the criterion for environmental impacts. Second. Second. It's been moved and seconded. Uh any further discussion? Seeing none, please raise a hand to approve. It passes. Scale intensity of use. The proposed use will be compatible with existing uses in the neighborhood with respect to physical sign, visual visual physical size, visual impact, intensity of use, and proximity to other structures. Findings: The suppers near the market are attractive spaces for outdoor seating and a place for band to perform. We have added colorful shade cloths that are put up in the spring and taken down in the fall under which the musicians and attendees can sit. Added tables and chairs are not easily seen by our neighbors since we have a substantial distance buffer. We have also added a stone retaining wall and plant a flower garden to beautify the

seating area. The fairplace backfield is 5 to 600 ft from Royalsboro Road and is not well seen from it. Um any additional comments on the findings? Any additional findings? Seeing none, I'll take a motion. I move that the applicant has satisfied a reasonable burden of proof of compliance with the criterion for scale and intensity of use. Do I have a second? Second. It's been moved and seconded. Further discussion? Seeing none, please raise a hand to approve. It passes. On to uh and the fact that we had nobody show up for public hearing. Noise and hours of operation. The proposed use will be compatible with existing uses in the neighborhood with respect to the generational noise and hours of operation. Okay. So the hours of each event either fair or supper have been described in part two. During the supper events, there may be a music which is relatively quiet compared to uh road noise. Neighbors two two across the

street and one closest on Meeting House Hill Road will be notified about music for these events. On one such occasion, supper event, there were no complaints in one of the neighbors that has participated in the tribal event. So that's historical. There has been ample buffering space with regard to noise from the farm and the neighborhood neighboring residential uses during these events. Um I don't I'm not sure where would say it's in part two that we refer to the hours. That's what I was going to ask too. Where what is part two? That was what was in the application. And I think he's probably were referring to the organization of the conditional use application which I think has part one and part two.

I'm not sure which page it is on your computer. On page 63 of your package, page 63, it says this is from their application. Hours for these events starting with the fair events are from 10 to three for the public and vendor tent setups on Friday and after 5:00 pm on Saturday uh or excuse me or Saturday 8 to 9:00 a.m. Setup times for a Saturday event. Rain uh rain out may make up the days the next day Sunday permitting. Hours for the supper events are from 5 to 8:00 p.m. Could we please include that under a Yes.

music follows those same timelines, right? We can make it say that [Music] same. if anybody questions to have the one document to look at it. It's all inclusive. So I think we're saying there's two paragraphs under the application uh where uh talks to hours. So hours for these events starting with and hours for the supper events are from. So if we include those two paragraphs as part of finding a does that satisfy the the deed. Yes, that's for me. Okay, so George, you I can do that. You got it. Okay. Just a point of clarification. Should I say Quaker meeting house instead of a meeting house road? Can we add Quaker in front of meeting house? Yep. Is there a hill? I don't think there's a hill. Yeah, I don't think there's a hill. correct road. Can we put the correct road name there?

Okay, so we're good. So, any other comments? Uh, and so that Yeah. So, B is the timing on the music and stuff for that is included in A. Any other comments on the findings of fact? By the way, if you disagree with any of this, you can you can say. Okay. So, I will move that the applicant has satisfied a reasonable burden of proof of compliance with criteria for noise and hours of operation.

further discussion? Seeing none, please raise a hand to approve. It is approved. Number seven, right, title or interest. The applicant has sufficient right title or interest or right title or interest in the site of the proposed use to be able to carry out the proposed use. Findings, it was established in the final findings of the 2020 conditional use and site review that the applicant has sufficient right to interest in the site of the proposed use to be able to carry it out. Deed was submitted then and later the barn and market were completed as proposed. Any comments on the findings or additional findings? Seeing none, I'll take a motion. I'll make the motion that the applicant has satisfied a reasonable burden of proof of compliance with the criterion for right, title, or interest. I will second that. Any additional discussion? Seeing none, please raise a hand. It passes. Number eight, tech

financial and technical ability. The applicant has the financial and technical ability to meet the standards of this section and comply with any conditions imposed by the planning board pursuant to section 7.5. Findings resources will be available to add additional employees and rent a portaopy portaotty for the fair event. Have been running the farm for nearly 5 years with an average of eight part-time employees per year. The market and barn were built according to building codes and local requirements. Planning a smooth execution of these events have required much time by myself and a few of my employees. Any additional comments on the findings or additional findings? Seeing none, uh I'll take a motion. I move that the applicant has satisfied a reasonable burden and proof of compliance with the criterion for financial and technical ability. Second. Second. Been moved and seconded. Any additional

discussion? Seeing none, uh please raise a hand if you vote to approve. It passes. Section 7.4 conditional use review criteria. Compliance with land use ordinance standards. The proposed conditional use shall meet all applicable criteria design and performance standards in all articles of the land use ordinances. Uh then section 5.22 22 restaurants, food service, takeout stands. Uh so there are some standards that you have to meet. The application for conditional use permit shall state the maximum seating capacity if any the restaurant. Uh an expansion enlargement over the stated capacity shall require permit. All proposed subsurface disposal system shall meet the main state subsurface wastewater disposal rules. All parking and loading facilities shall be located at the side or rear of the building and shall be screened from abudding residence or those with 200 feet within 200 ft. Screening shall be comprised of

continued landscape area not less than 8 ft in width containing imate trees, shrubs, fences, walls, brooms or any combination forming a visual barrier not less than 6 ft in height. Restroom facilities for the patron shall be provided on the premises except for takeout stands. Finding seating is temporary for the supper events supper events estimated to be adequate for 40 attendee visitors to the bark market restaurant will be temporarily in case the supper fair event the market disposal system is added in the past while additional to fell facilities are added for the fair event septic system has maintained has been pumped out recently April 2025 parking is adequate for 5000 vehicle visits over the time of the supper event uh we'll use current parking lot extended parking behind the barn and market while all fair parking is located in the back field. Restroom facility available in market for the

supper events and additional portaotti for the fair events and I believe that's it. Are there any findings? Any discussion on findings? Seeing none, I'll take a motion. I'll move that the applicant has satisfied a reasonable burden of proof of compliance with the standards for restaurants, food service, and takeout seating. Second. Second. Moved and seconded. Um George, I think we just need to change. There's a Yeah. Three that got left behind under votes to approve. Correct. Uh any further discussion? Seeing none, please raise a hand to approve. It is approved. Uh section 7.5 conditions of approval planning board approval conditions upon consideration of consideration of the criteria listed in subsection 7.4 the planning board may by majority vote attach such conditions in condition of those required by other provisions of this ordinance as it finds necessary to ensure compliance with those criteria

and all applicable requirements of this ordinance. Violation of any of those conditions shall be a violation of this ordinance. Um so there's one finding the condition the project is be constructed accordance plans maps diagrams specifications textual submissions and testimony presented by the applicant and approved by the board. Are there any other conditions? Discussion of that disc uh condition. Seeing none I will move to apply the following condition of approval to the permit for conditional use. I will second. Uh, any further discussion? Seeing none, please raise your hand to approve. It is approved. John, who seconded that? I did. Thanks.

Uh, planning board decision. Motion made. Okay. So, um, do I have a motion to approve? So, I Okay, I get you have to read the words. Okay. The plan board grants conditional use approval for farm events at Replunda at 1252 Royalsboro Road, map 7, lot 113C. Thank you. Second. Second.

It's been moved and seconded. Uh, all in favor, please raise a hand. And it is approved. And you are finished. Thank you. And good luck this summer. Thank you. you to increase your business. Uh, yeah. We we were looking forward to it. I called the DOT myself personally like 5 years ago being like what's being done about this. So it's good to it's good to hear. Very happy about it. Thank you. Thanks. Thank you. Good luck to you. All right, Miss Nash, I believe you're next.

address. All right. And we're going to follow basically the same. Uh the gentleman with you is welcome to come too. Oh, if you want to. Would you like to come up here? We have we have a microphone for you. Uh Andrea Nash, 706 Hollowell Road.

Brandon Nash, 706 Hollow Road. Thank you. Okay. Uh Mr. Kabarge, if you would give us a brief description of the project. Yes, Mr. Chairman, board members, the applicant was before you back in July of last year, seeking uh conditional use approval to expand from an existing home daycare with child 12 children to the daycare facility of 20 children. Uh the applicant is now seeking to expand that uh clientele by another 12 for a total of 32. uh the uh approved project included and has been constructed a building addition for the daycare center and the septic system has been uh also expanded and the parking as well. Uh so they um are submitting a separate amended site plan review application as they're going to have to add two more parking spaces to meet the parking requirements. One of the issues that has come up is the fact that by going beyond 24 people using the current private well, they technically

uh had trigger the requirement for a public water system under main uh health and drinking water rules and they have applied to the main department of health and human services for approval of that as a public water supply. Uh, one of the criteria for that, as I understand it, based on the record, is that, uh, to be approved as a public water supply, uh, a well, any well would have to be at least 300 feet from the septic system. And the HH 200 uh, wastewater disposal system

design form submitted by Bonnie Cobb as part of the earlier application indicated that the existing well is only 102 feet from that septic system. So that may be an issue for them. I did do a little bit of research and found and the applicant may be prepared to address that tonight that they do have a provision for waiverss. Uh probably will require increased testing. Uh and then another alternative would be to drill a well for 300 feet away from the septic system. So there are some options and you should look for the board to clarify what their plan is. The other issue we identified was that same soil evaluation uh septic system design indicated that the system that they've just installed has a capacity of 494 gallons per day just under 500. And that's based on the existing single family home, the 20 children after the expansion, the last expansion, the two and the two employees. uh applying the same

standards that the uh solar evator used in terms of gallons per person per day. Uh I did a quick calculation and it would seem that with adding 12 more children and one employee theoretically they would have to add another 132 gallons a day to the capacity to meet the uh the main wastewater rules. Again, the applicant should be hopefully will be prepared to address that tonight. Uh either through a combination of their existing septic system or some modification that they're proposing. Um then then the same conditional use criteria you've been through twice the drill tonight uh will be applied here. And um the uh last thing I would say is that

uh the board's uh authority is limited to this proposed change. So you cannot go back and revisit the earlier approval just the additional clients and the two parking spaces are what is within your jurisdiction tonight and I did prepare some updated findings from the last time that incorporate that. Okay. Thank you. I got a question before we get too far. Go ahead. Can you clarify what this applic I see three I think three separate applications here. What are we? So the first application is the conditional use for for the additional

uh 12 children. Okay. Uh and one employee. Okay. And then the site plan review is for the two parking spaces. Okay. the building. I don't know. Was there an expansion or maybe that's complete? That's done already. Okay, that is so that's what George was saying. Don't really think about that. Okay, got it. Thank you very much. Okay. Would you like to add anything to the discussion? No, I'm ready to go. I'm ready. Patience. I know. I've got it. I, you know, it's been a couple days. Um, okay. So I just I think we just answered the what I was going to was say but so the two things are you want to add 12 children and an employee. So that's conditional use. The site plan is two parking space and the they are two separate votes tonight by the way. Um we do one before the other. Is that how we're Yeah, we'll do the conditional use and we'll do site plan. Okay. Because if we don't approve it, there's

no sense uh doing the other one. Okay. So, question. Go ahead, George. Where the u the septic issue or question regarding the distance between the well and the septic? So, that's going to be up to the state. Is that correct? Do we have any Well, the criteria you have public health criteria which includes drinking water. Yeah. So if the applicant meets the state drinking water requirements, then technically you can accept that as a basis for approval of the of the application. At this point they it's not clear what the status of that is. So you should clarify that. If you're satisfied that they will meet the state drinking water standards, then you can give your conditional you could give a conditional use approval conditioned upon whatever factors you decide. Okay.

And you have submitted on the May 20th the I don't know if that was part of everyone's packet, but there was a submission by you or your company to um the state septic tank people. Correct. Yes, Jed. In fact, it does include an email which is up on the screen. Okay. Thank you. That's still an open issue. Uh I have another email from Jed right here that says he has submitted the waiver and that it's it's 102 ft from

the leechfield, but due to the scope of the project and I don't know, he he basically is like it's kind of a case to decision whether or not they use waivers. He sent it over to um to the woman this morning to approve the waiver to the woman. I'm not sure what her name is or her Okay. title. So, there's no final decision yet. No, I mean I'm Yeah, it's hard for me because I'm not exactly sure what he I asked him what to say to you guys in this exact situation and he's like tell him tell them that the waiver has been um has been issued for my existing

well. Yeah. So, it's been approved. It's been issued. Well, and then he will um submit a setback waiver on my behalf for me. Okay. Okay. So, I already have the the registration number. I just haven't started with the testing because there's no point in doing any of the testing if I I'm not going to have the additional capacity since I'm under that capacity right now. Right. I think my thought on this since we're we're down this road is it really dependent upon the state approval of the the waiver which I guess we need to see more than just that email but eventually I'm assuming they will issue you a permit that's or you know a permit and a waiver right okay so well that could be a condition for us yes oh yeah Oh, definitely. Exactly. That's that's what I'm slowly trying to get to. Okay. Um, so as we're discussing this, we could approve it, you know, if we so if we so we could approve it dependent upon you getting

the waiver. If you don't get the waiver, your conditional use is not approved. Does that make sense? Totally. And you're okay with that? Yep. Okay. Yeah. Can I ask a question? You said testing. Is there testing that needs to be done? Yeah. So to be a part of the um the public water program, you there's ongoing testing that needs to be done, sometimes monthly, sometimes quarterly, and it depends on the health of your well. Okay. Um so the way that it works is you have to contract somebody to do the testing. My husband is going to be licensed to do the testing for us. Um and so and then sort of after the initial testing is done that you kind of pay a lot upfront. um that determines the health of your well for a period of time and then based on the health of the well for that period of time that's how frequently and what testing needs to be done. So basically we're prepared for the fact that it's a wide range of possibilities

testing wise. Um but that Jeremiah Hos has told us that we do not need to dig a new well. Our our well is pretty new. I'm guessing that's why. Um, and because we're kind of like we're not so far over the capacity. Um, anyway. So, so yeah,

he he's comfortable with it and he told me that he would get back to me with whatever the next steps are early next week. So, okay. So, question for the board. So, the testing I guess um that'll be sent to the state over time, right? So, two things we can do here. one, we can completely defer to the state where if they get the permit, good to go. If the testing or not testing, as long as they have the permit and it's not like say you get a bad test and the state like revokes your permit. Yeah. Um

you probably lose lose the or I don't know how that would work. We can completely defer to the state or do we are we concerned at all above and beyond what the state is going to say in regards to quality of the water and then the septic. Well, it sounds like there's going to be ongoing testing of that well. Yeah. Regardless of the situ, if it gets to the point where it fails, I would question whether there is

enough distance from the septic to drill an additional well. This is plan B if that ever happened. Yes, there is. Okay. Yep. So, that that would be an option. If it did the existing well did fail, the option would be having to drill another well that would have to be 300 ft from the subject, right? But um I

just don't know how the state works with this. Like the state I think if I'm somebody can correct me if I'm wrong, you would let's just say you didn't have the the distance. They would issue the permit, but they're still going to test because it's a public war. What happens if they get a bad test? We have to correct it. We can't we we would have to Right. They would require us to correct it immediately. They'll go Yeah. they'll give me more people will go to the child care people at the state and say they can't right or they have so long to fix it or whatever that's probably so the state in my mind state rules on all that so if you fail the test a year from now the state's going to shut you down or something or give me 30 days very kind if it can't then they'll shut you down okay thank you thank you for that explanation so my thought would be when we get to that water criterion in here. Uh, initially if if

we're on the track to approve that, we do make it conditional um that they have to get the state approval. Exactly. And we say have to get it and and keep it because the state quite truthfully the state does not get you the approval. Our approval has no meaning. Correct. Oh, right. Exactly. No, I need all the stars to align. Yes. It's a state. Yeah. Just to take a step back. Um, so, so the the the well currently is too

close. It's a public water supply too close to the existing septic new septic tank design system. It's the Leech Field. Yeah, Leechfield. Um, but but are they aware that you need to increase your septic design? So, I don't need to increase my septic design. I am going to probably

need to have a backup design on file for the the pre-existing um septic system that my home is currently hooked up to that is still healthy. So then a brand new system was designed by Bonnie Cobb so that when that fails in 15 to 20 years they're expecting it can tie into the brand new one and that brand new one will accommodate my brand new expansion and my home. So that will continue to cover

that amount. It just won't it won't cover the amount of the entire addition plus my home as a daycare. Do you get what I'm saying? Yeah. I'm just wondering if there are if the state is aware of that. So, yes. Is the state aware of that? And would they um impose additional restrictions because you're undersized right now? Yep. So, the um the application for the water program is actually very very extensive and um my entire septic design is part of it. So, that they know that you know it's just been installed. they know exactly where it is. Um, and he's totally comfortable with the way that it is and submitting a waiver, including the expan future expansion if the future

expansion in terms of my septic design would mean I would need to have potentially another septic design made as backup for the the small one that's currently servicing my home. When you say potential, why isn't it like confirmed? It sounds like from what George said is you're undersized right now. It's I'm I mean I'm not technically undersized right now. I am full in the new space without using my home. The initial idea was to get the daycare out of our house, have our house back, just use the new space for the 20 kids. M um but then DHS said to me, you know what you could do is keep your house licensed for 12 and then continue with 20 in the

new space. So that would cause a capacity of 32. And there's a lot of reasons for that. A huge one has to do with ratios and like age caps with teachers and children. So, if I'm able to separate the infants and toddlers into my home for a more intimate kind of vibe in there with the infants and toddlers, which is what people are looking for with that age group. Um, then I can do a preschool in my big space with only people who are two and a half and up. Um, and so basically the people who are still in my house, it's tricky because it's not supposed to be super long term, but I understand that for all intents and purposes, we need to we need to plan it like it's long term, but the plan is to keep the daycare in the house for 5 years and then once our kids personal children are kind of grown up and moved out of the house more, then it'll all be shifted out there. So, I'm not expecting that we'll need to ever use a new design

for that septic system, but Jeremiah and I have had many conversations about this because I was trying to find out if it was even if it made any financial sense for me to do this when DHS was talking about it. and he made it sound like definitely definitely it's it like the way that that it's all set up the fact that it's all brand new I think and the fact that I you know I'm being regulated by several different government entities now with testing and inspections um there's not a lot of uh wiggle room for for failure on it. I kind of just if something comes up I have to correct it or I'm shut down kind of. I guess to answer your question or to confirm sorry no that's really good is that um the state is aware of your expansion for both the septic size and the distance between the well. Correct. Yep. They know that the that these three findings were going to be discussed tonight. So yeah. Can I clarify some of the facts

because I stepped out for a moment. Yes please. So, as I understand it, the house and the home daycare are still plugged into the existing se or the previously existing septic system. Correct. And that was installed in approximately 1995. Yes. According to the HH200 and the new space edition child

care center is connected to the new septic system currently. Correct. Okay. So between the two septic systems, you have adequate capacity for the total use. Correct. I have more than adequate. Yeah. With the two current. Okay. Your numbers are based on one. That's correct. Okay. I thought it was undersized. Well, currently it is it is undersized. Yeah, it is. Is it's undersized if you include the house use, but it's not undersized if it's just for the center and they are keeping their current septic system. And typically what happens with uh you you brought up the issue of the design for future uh like if you add a bedroom onto your home uh the main plumbing code says you have to have a system designed you don't have to build it but in the you have to show that in the event that it fails you can you can replace it or expand it. So that's kind of what I think they're talking about. Same principle. So you currently have

and all this gets triggered because you go from 20 and 24 is the max you can have without becoming a public water system. Okay. So currently you have two that you believe will be able to s serve 32 kids and right whatever number of teachers. Okay. So my thought is that uh depending on

what what the board wants to do when we get to that particular issue um that we give them a conditional approval based upon they're getting the waiver from the state. Correct. So let's if we ready to move on to the and the parking spaces don't come in until site plan approval which is which is coming up. Are we ready to any other questions? I mean, I want I want to make sure we've got this covered. Okay, let's go through one more time. Okay, so amended commission amended conditional use approval fighting effect. And Mr. Tbarge did a good I what I believe is a good job of changing what was approved last July to uh include what we've uh what we're doing. Now, that was going to be a clarification question. So the strikeout is from last time that we

feel is not current now. Yeah, correct. Okay, that makes sense. Okay, so health impacts which is I guess the first one. The proposed use will not create unsanitary or unhealthful conditions by reason of sewage disposal, emissions to the air, water, other aspects of its design or operations. And then George, we probably just need to re as I'm going through these releather them. Um because we line through Yeah. And also I'm going to add number three list of submissions is this email dated June 2nd 7:42 a.m. uh from Jeremiah Haw

of the HH DHS. So saw a second email. Yeah. Okay. So findings uh the first one is the main department of health and human services childcare licensing approach the applicant about the potential to maximize the number of spots available for the community. The applicant is requesting amended conditional use approval to keep the residential family child care license for 12 while also continuing to provide care to 20 children in the new building. So that's a I would like to add 32 children total

to make sure we're we're you know for a total of 32 children um if we could. So that so the third finding is the applicant submitted a subsurface wastewater disposal system design showing that the expansion would meet the main subsurface wastewater rules. Uh the fourth one would be the wastewater disposal system design of Bonnie J. Cobb. Uh SE or license number is number 368 ded 11221 and revised 12824 indicates that the existing wall is located approximately 102 ft from the proposed daycare system versus the 300 ft required for public water systems. So the applicant uh whatever this is in the fifth or sixth, the applicant is registered with the main public water supply program is prepared for the ongoing water testing while system maintenance that is required for a parcel that supplies more than 24 people. Mr. Chairman, back under F, I would propose adding a a statement at the end that says that the applicant has

applied for a waiver of the well setback. Okay, everybody okay with that? Excellent. Thank you. base water disposal system designed in Bonnie J C so on and so forth and after required for public water systems it would say the applicant has applied for a waiver uh from whatever the department of health is there is that what you're saying George I like your words better u the applicant is registered with the main water main public water supply program is prepared for the ongoing water testing and wall system maintenance that is required for a parcel that supplies more than 24 people. The applicant has lined up a contract operator is in communication with the public water system inspector for Sten County. The septic system that is currently tied the home will continue to serve the residential family child care in the home. Uh the applicant stated that the new building which is L is tied into the previously approved new

septic design. The septic systems on the parcel were designed to accommodate more than uh 32 children and subsequent staff required. The the wastewater disposal system designed Bobby Bonnie J. K license number 368 dated 1122 2021 and

revised 12824 indicates that the new system is designed for 494 gallons per day. Jay, based on the three-bedroom home using 250 gallons per day, 20 kids using 200 gallons, and two employees using 24 gallons. Per the septic designer's calculations, adding 12 kids and one employee would need a capacity of 120 gallons for the kids and 12 gallons per day for the employee or 132 gallons per day beyond the current septic design. Mr. Mr. Chairman, I think you can strike that

with the current septic system uh handles the house and home daycare up above and then the new septic system is uh serving the uh Okay, if fine with that because I was going to recommend changing this is so we're going to wind through what is M on the correct on the George's draft findings. Correct. Okay. So, I think is this a time to put in the I think conditionally approved or we do it at the end. I think we put that in at the end. I'll make it right. So, my question is, is this a place for conditional if we want to do that? Uh conditional approval based on getting the waiverss approved. So, based on all of that, uh do I have a motion to approve? I have a question. Go ahead. B. Um, it says the main department of health and human services childc care licensing approach the applicant. So I had to reread that. So they came to you and well my lenser comes to me quite often. Okay. Yes. And they recommended.

Yes. It was just her idea basically. She was like hey you know what you could do this would solve a lot of issues because of children and ratios and and the need is so heavily younger children like toddlers and infants. Okay. So that is what that means. Yep. Okay. Um I'm assigned a specific licenser. Okay. Um I

think I had something else here. Sorry. Hold M. This is a little confusing. All of these things in here. It's almost like we should have just one longer paragraph that descri, you know, you've got two systems, two separate areas, dayc carees. Um, but I guess everything's said and done. You are not over capacity. Right.

Right. Per the separate ones. Right. So that's what we're seeing in the septic system. Yeah. Regarding the sept. Yeah. Regarding the septic. Okay. and we talked about the space between the well and the so I think I'm okay. Thank you. Um Mr. Chair, I will move that the applicant satisfied a reasonable verdant app proof of compliance with the criterion for public health impacts. Do I have a second?

Okay. for further discussion. I guess know in par paragraph F, what we're saying is that it's doesn't meet the 102 doesn't meet the 300, right? But then we added a statement that said the applicant has applied for a waiver of the well setback. Okay. And then we'll put it in a condition of approval at the end. That works. So I have a motion and a second. Need a second. Yeah, we already done. Um, okay. In that case, any further discussion other than mine? Seeing none, please raise your hand to approve and it is approved. Traffic safety impacts. The proposed use will not create unsafe vehicular traffic or pedestrian traffic conditions when added to existing and foreseeable traffic in his vicinity. The applicant stated that it will increase to be an increase in traffic during drop off and pickup times of four to six vehicles. The applicant proposed widening the driveway to add parking spaces and prevent vehicles from backing

on to Hallow Road. Um, sorry, John. Can I ask a question? We're we're talking about the parking spaces in the site plan review. What are we talking about here? Are we even looking at a site plan for this? Yeah. Uh just making sure that there is adequate parking for traffic safety purposes that we So that's it cuz I I don't even know like the map, you know what I mean? Like how do I say this? I don't know what I'm reviewing in this. Yes. No. Uh they they've made a statement in the record that the uh there will be an increase in traffic and this was for the original expansion, right? And I guess it would be helpful for them to update this because that was for the original. Now, has that changed in terms of the uh during uh pickup and drop off times? Has it increased from 4 to 6? No. No. Still four to six during the peak time, right? No. And we have a parking lot. Adding 12 to the overall does not increase.

I'm Well, yes, it will increase the number of traffic. The worry is during drop off and pickup time that sort of corresponds with Durham Community Schools uh beginning and ending was causing traffic before the expansion was completed. It it had been causing traffic to be complicated at those times, but those specific times are actually earlier and later than my drop off and pickup. So it so it's only four to six cars for those times. And I mean I'm estimating I can I can kind of

figure it out based on my signin sheets, I guess. So, I think the George point though is that four to six was last July. Yep. What about now to go to Brian's comment? What additional vehicle increase do you see with an additional 12 plus a teacher? So, if I actually fill my capacity, I shouldn't need to add a teacher because of the ratio thing. It's really complicated to explain. Um, I should need to add an adult, but I should I'm planning to just have eight, actually. I know it's just Okay, so let me go back to So, if we approve an additional 12 students, Mhm. What does that mean for traffic? So, there might be another car or two each day for drop off and pickup time, but the way that it's set up is a a parking lot has been built. Okay. Well, I'm I'm sorry. I'm still I kind of have a onestep. Sure, I'm with you. So, what what I would recommend is the applicant stated that there will be an

increase in traffic during drop off and pickup times of one to two vehicles. Okay. Cuz we're talking solely about this extra 12. Yep. Sure. Is everybody okay with that? Yeah. I do have a question though. I just the math just the math. So, we're adding 12 kids. I guess a lot of them might be siblings, right? Um, but up to 12 there's only one or two extra cars. Correct. Okay. I mean, yeah, it is complicated. Several of them are my employees kids. Okay. Um, several of them are my personal children. Then I have um Yeah, I mean they get on and off the bus to go to school. I guess the last

time was 20, right? An increase of 20. Four to six. Well, it was an increase of 20 kids. Eight. cuz I already had 12. I was adding eight to get to 20 out in the building. So we So there it wasn't going to add too much at that time because it was only adding eight children. But that was four to six, right? We're adding 12 and we're saying one to two. Yeah. Okay. Okay. I mean Yeah. All right. So I mean what what number would be too much? I guess. I mean I'm I don't think there is. I think we just want reality. I think that's real. I really do. I it because because like I said I have two of the infants are coming with my staff, two of the toddlers are coming with my staff. Two of the children are my own. It's just the way that it works out. It just Yeah.

to three? Sure. That doesn't impact my decision. Is everybody else okay with that? Yeah. Whatever. Whatever it's going to be. Okay. Okay. So, the applicant proposed the next one is the applicant proposed writing the driveway to add parking spaces. Um, so that was before that was in July and you've done that. So, what we probably need to do is not really because what ended up happening was we built a parking lot that was kind of in like a different location. It wasn't like we didn't end up widening necessarily my driveway. We sort of created a road down behind the building. So, it's okay. How about we say the existing now existing uh parking plan accommodates

onto Halo Road, right? How is that? That's what you found. That's the concern. Yes. Yeah. I think what we're just trying to say is that's the concern. I don't even know if we have to address it since it's already been covered. I'm looking towards George. Yeah, this is all covered. You're just So we don't we can just delete is focus on the two. This is a change to what the original was. I got you. Should we just delete B? Uh, no. I would leave it in there because that was part of the record. So, we're leaving in things. Yeah, I think I think we can just take out things that are no longer pertinent. Can we just say then what you were going? Yeah, I would just say the applicant widened the drive. You didn't change the parking layout to add parking spaces and prevent vehicles from backing onto Alamo Road. Is that okay? Because that's what you did. You you left the driveway, but you you added parking

spaces. Yes. Modified. I just say the the applicant added parking spaces. Right. To prevent vehicles. Okay. So, the applicant added parking spaces to prevent vehicles from backing onto Alol Road if we're all okay with that. And I don't think we need to I think we can say a concept was submitted showing the location. We don't have driveway. How about can we just delete a concept was was submitted?

with that? Sure. Yep. and review for just parking expansion because the building's already done. Agreed. I'm on number seven. I'm going to assume number six. review for the parking dispansion. That was from last time, right? No, I'm changing it for this time, too. Okay. Because we've already done the building. Okay. Okay. That's correct. But not building. There's no building. That's right. Okay.

last time. We thought it was okay. Actually, we added a new E, I guess. Uh, and they do. It's on their drawings for 475 ft in both directions. Hell Road is still a state route that should be addressed at this time. Uh you in July you stated that a

parking policy section. Did you add that parking? Yep. In my hand like in my family policy. Mhm. Yep. So that's going to be has been added. Yeah. Yeah, just so it's on it's already done. Stated that a parking that a parking policy section has been

It's Yes. Acorn engineering is concluded. The applicant will need a total of 11 parking spaces. Okay. We're going to get it in additional two. uh it will put it in compliance with the site plan review parking standards and we're going to actually review the site plan uh next. Is there anything else we want to add, change, delete to this section too? Was that traffic safety?

Okay, then I need a motion. I will move that the applicant has satisfied a reasonable burden of proof of compliance with the criterion for traffic safety impacts. Second. Moved and seconded. Further discussion? Seeing none, please raise a hand for approval. Move. Uh moving on to public safety impacts. The proposed use will not create public safety problems which

would be substantially different from those created by existing uses in the neighborhood or require substantially greater degree of municipal service than existing uses in the neighborhood. Okay. A the applicant stated that due to the size of the proposed capacity increase this project will not create any public safety problems. Um, is

just feel like we covered a lot of that above, but I guess we just say public safety on this one. Yes. Okay. Um, and then the applicant stated that daycare building assignment will not be visible from the road. I think there's no change to that, right? Can we just drop B?

is are these facts still relevant? changes they want to make. Okay, I'm still appear to be a single family residence. Okay, everybody okay with B as is? Okay. The applicant stated that the proposed use will not require any additional degree of municipal services than the current use. And then uh F, the applicant stated the backyard is fenced in. It will be located on the site plan. So for public safety, it's still there. It's it is located. Yeah, she says I think the Avenue state of the backyard is fenced down and is located and is located.

safety? Just one thing on a uh the applicant stated that due to the size of the proposed capacity increase, this project will not create any public safety problems. Are we saying that due to the minimal size? Like why I didn't

change that. That's for the original one. So, but what were you trying to say there? Due to the min minimum minimal like small the relative size. Yeah. What I take it is that those 12 kids are not going to be a greater danger to the public or themselves. Hopefully not. Okay. Okay. So, a motion I will move that the applicant has satisfied a regional burden of proof of compliance with the criterion for public safety impacts. Second. Second. Moved and seconded. Any further discussion? Seeing none, please raise a hand. It is approved. Uh environmental impacts. The proposed use will not result in sedimentation or erosion or have an inver adverse effect on water supplies. Finding the applicant state of the project will not change the landscape appropriately as it currently exists. The applicant state there's a water shed on the opposite side of the property off your property which will not be impacted by the project. Um, so

nothing you're going to do here is going to change uh have an impact on that. The small stream along the northern side of the property is far from where construction will take place. Um, the applicant provided a screenshot of the website GIS coverage showing resource protection on a water course along a water course just north of property boundary. That was last time, but it still applies and no setback is required for a septic system from a resource protection district. Any other comments on findings? When we talk about environmental impacts on water supplies, we are talking non-drinking water. That's covered in that first topic, right? Yes. This is spring, you know, erosion Yeah. Yeah. Any other comments on findings? Seeing none, a motion. I'll make a motion that the applicant has satisfied a reasonable burden of proof of compliance with the criterion for environmental impacts. Thank you.

Second. Second. And moved. It's been moved and seconded. Any further discussion? Seeing none, please raise a hand to approve. On to number five. Scale and intensity of use. The proposed use will be compatible with existing uses in the neighborhood with respect to physical signs, visual impact, intensity of use, and proximity to other structures. Um, okay. So, the applicant stated that the project is designed such that it will not be visible to community as it will be built on the back of the existing structure. Can we say that the the it is designed and it is built

already? We're not changing any of that. Well, my thought would be the two parking places, but I don't either. But we're not talking about the two parking places right now. That's next, right? This is just the kids. Yeah, but like this is already built. The project is designed and it's not visible to the community, right? is so is not visible that it is not visible. It's not Yeah, the applicants are still relevant. It is relevant. I guess I'm just the way it's she's vers the future versus the way it exists today. Something to do with barnyard fowl. What? All of these things. Oh, I can't.

No, it's like we're saying it will not be visible. It's not visible now. We're not changing that at all. Like it either is or it isn't right. Currently, I'm good. Okay. Is everybody else good? Doesn't Okay. B. The surrounding uses are residential with the exception of Durham Community SK school which is very similar to the proposed use on a much larger scale. There is fencing around ensure that everyone stays safe. The new parking area will be aesthetically landscaped. Can we just say the new parking area is aesthetically uh I would agree but you know could be chicken. I have not called you chicken unlike I'm not calling you. My feelings were hurt earlier. Sorry. Uh is everybody is aesthetically landscaped? Yes. How about if we just say the new parking area is aesthetically landscaped because it's not this change is uh you are going to use a bigger driveway and you're not doing that anymore. Right. Okay. The new

parking area is aesthetically landscape. Period. Period. visible or you're not going to add any. There will not be any signage visible from the road. This daycare remains discreet. But so you're committing to the fact you're not going to have signage on this one? No, I don't want to. Okay. So, we can leave the will not. I'm okay with leaving will not. Any additional noise from children playing outside will continue to be masked by the dense tree line around the property and blend in with the sound of children playing at the Durham Community School. Okay. So, those extra 12 kids are not going to make it that much noisier. The applicant submitted a photograph of the home and proposed driveway. Did you do that this time? Well, you probably drop that one. The applicant submitted a photograph of the home and proposed driveway expansion as documentation. You did. We don't have a proposed driveway.

So, yep. So, we get rid of that and that's it. Based on the changes we made, if we're all understanding, do I have a motion? A motion that the applicant has satisfied a reasonable burden of proof of compliance with the criterion for scale and intensity of use. Thank you. Second. Second. Moved and seconded. Any further discussion? Seeing none, please raise a hand to approve. It passes. Noise and hour of oper noise and hours of operation. The proposed use will be compatible with existing uses in the neighborhood with respect to the generation of noise and hours of operation. So the applicant stated that business will be open to 4:30 p.m. Monday through Friday, the same hours as the existing business. The proposed use may add a small amount of noise as children play in the outdoor space of the property, but is expected to be a minor increase. Sound of children playing at the Durham Community School can already be heard in

this area of Halawal Road. Any comments, changes to the findings. Seeing none, I'll take a motion. I'll move that the applicant has satisfied the reasonable burden of proof of compliance with the criteria for noise and hours of operation. Second. Second. It's been second. Moved and seconded. Um any further comment? If not, please raise your hand to vote and it passes. Right, title entrance. The applicant sufficient right title ented proposed use to be able to carry out the proposed use and the applicant is the owner of the property and we went through that back in July. It hasn't changed. Any other comments findings on this one? I'll move that the applicant has satisfied a reasonable burden of compliance with criterion for right title or interest. Second. Moved and second. Any further discussion? Seeing none, um raise your hand to approve. Okay, it passes. Financial and technical ability. The applicant is the

financial and technical ability to meet the standards of the section that comply with any conditions imposed by the pine board personal to section 7.5. So on a um I think some of these are old. Yes. I don't know. The project is estimated to cost 250,000 which is not that included septic. Not. So what do you think it's going to cost? Uh what is your estimate? 0. You don't adding any asphalt or stone or um Yeah. Right. Um, I mean, we will be adding some gravel for the parking spots if this is approved. It already exists on our property that we would just move over there and smooth it out. So, you're you're going to do it with your wheelbarrow and uh Yeah, it's not doesn't it's not going to take much. Okay. I'm okay with that. Uh, so the project is Sorry. Is it Excuse me. Is it safe to say that you received your grant? Oh, yeah. Yep. Okay. Oh, yeah. We have the grant, we have the loan, and we

completed that project. Um, it ended up costing us 280,000. 280,000. So then the additional costs, well, the financial the added financial capacity would be for the testing of the water system. True. Yep. So, wherever that's going to be. Mhm. And yeah, I don't think we need to put anything with parking. Again, this isn't about parking. Yeah. Well, it's also a new cost that I

can see is testing water system. You're not adding your sept to a septic system, right? Do they give you any estimate on any? It's such a range because it depends on so many things. I think it's anywhere from $50 a month to like $400 quarterly. So, it just really depends on $600 should be under $2,000 if I'm doing my math correctly. Yeah. The the additional cost is estimated to be approximately is less than $2,000. Less than 2,000. Okay, George. So, the additional cost is estimated to be less than $2,000 annually for testing. Additional cost for testing is estimated to be is that okay? 2,000. Yes. So, it's maximum of 2,000 annually.

constructed at 200 for $280,000 because that helps establish that they have financial capacity. Okay. Okay. So the project was completed. So you're talking about a you want to change something to say that they've already spent 200. The project was constructed at $280,000 and including the new septic system and parking plan and added costs will be estimated to be 2,000. Okay. Annually, everybody good with those with that verbiage? Uh I don't think we need B or you don't think we need B or C? No. Agreed. Correct. Okay. So, the only thing we have is uh what George just read for A. I will motion that the applicant has satisfied a reasonable burden of proof of compliance with the criterion for financial and technical ability. Second. Moved and seconded. Further discussion? Seeing none, please raise a hand to approve. Okay. Compliance with land use ordinance standards. The proposed conditional use shall meet all

applicable criteria and design and performance standards in all articles of the land use ordinance. Article five, performance standard. The project conforms with the following applicable standard specific specific uses and

are a separate conditional use and are not subject to limitations for a homebased business. And that is all. Is there anything else? Because we don't have anything in here for daycare. Right. Correct. Correct. So, any other uh conditions on this one, performance standards? Uh motion, please. I'll make the motion that the uh proposed conditional use meets all applicable criteria and design or performance articles in all articles of the land use ordinance. Second. Moved and seconded. Further discussion? Seeing none, uh please raise a hand if you

conditions of approval. Uh it's not not last, second last, conditions of approval. Upon consideration of the criteria listed in subsection 7.4, Four of the planning board may by a majority vote vote attached such conditions in addition to those required by other provisions of this ordinance as it finds necessary to ensure compliance with those these yeah those criteria and all other applicable require requirements of this ordinance. Violation of any of these conditions shall be a violation of this ordinance. The condition that's on there now is the project is to be constructed in accordance with plans, match diagrams, specifications, textual submissions, and testimony submitted by the applicant and approved by the board. And number two, as I want to get the the verbage right, that approval is subject to the main department of health and human services approval of a waiver of the well setback and issuance of a

public water system permit. Everybody good with that? hear me? That works for me. Are you good with that? Okay, that works for me. So, uh, a motion. Anything else? If not, a motion, please. I will move to apply the following two conditions of approval to the permit for conditional use. I'll second it. So, it's been moved and seconded. Any additional comments, any discussion? Seeing none, please uh raise a hand.

Okay, that is approved. So, final one is our planning board decision. The planning board grants conditional use approval of the expansion of the kids next door daycare subject to the adopted conditions of approval. Are you comfortable with everything we've talked about and added and subtracted? Yes. Okay. Uh Okay. So, I guess I just made a motion the two times in a row. Second. It's been moved and it's seconded. Uh any further

discussion? If not, please raise a hand for approval and you're done this time. So, good luck with it. Thank you for the patience. Definitely. And don't go farther. Oh, we still can. Yeah. Okay. Site point. I was going to go with it. Okay. So, take a two-minute break if you would like. Yeah.

approve your plan for two additional spaces. Assuming we approve it. And I can tell you I Acorn does a good job for you. I mean, this makes our job Yeah. a whole lot easier. It made my job a lot easier, too, really once. I suspect I suspect they're not cheap, but sign the check.

But I do appreciate you using that screen coming in hand draws particularly it's when you're talking about septic separations and other stuff. It just makes makes it a little bit easier and this is what's in the record. So build it that way, take it to the building codes guy that way, right? And down the road somebody, you know, go to sell it or whatever, uh, we're good to go. Yeah, it's all there. Like the surveyor, they kind of all work together. The the engineer, it was cool how they kind of like from all different um you know, not everyone does it. It does tend to make it a little bit easier. So, doesn't mean we're going to approve this, but yeah, fair enough. It was required of me. So, yep.

Just wait for a second. in the summer or increase during the summer? I mean, it's the same kids go 365. I have a lot of DCS teacher families. So, in the summertime, I I have an agreement with them where they pay half their rate and they get to come a couple days a week. Yeah. Keep their spot. Wow. Okay. Um, so Acorn I was just saying Acorn there has done a good job I think on laying this out. They show the additional uh two parking spaces for a total of 11. And I think that's kind of

where we are. It's drawing C10 I think covers all the the two additional parking spaces which are those stone parking spaces that are towards the front of your property. Right. Any questions? Where are they? Right here. Oh, so they're just um Oh, okay. They're big. I know. I thought that, too. Don't they look massive? They do. I mean, compared to your building. I think that he I think that there's a certain measurement that he that he needs to make sure there's enough space for. And so he just sort of like overlays that that piece to make sure that there's adequate because it it also is like turnaround space and like swinging out

space or I'm not sure he's the engineer. Uh any questions or comments on the site plan? evergreens or those already existing? Yeah, those Yeah. Um, those are not existing yet. Okay. So, those are proposed up for the the new part. Well, they were approved as part of the first plan, I believe. Oh, okay. Right. Okay. But you're going to be putting those in, right? Okay. Y just to clarify though, do they have to be evergreens? Probably. Yeah. Is it have to do Right. So, it has to do with deciduous or Right. Okay. There's not like a specific like those specific plants that I have to put there. Oh, like um arborite. I don't I don't think our landscape we don't have a landscape that has to be or balsom or just something that will buffer. You know the intent. So yeah, make sure it says it on here. It says or approved equal or approved equal. I'm just saying six to eight. Like it's the feet that's important, the height.

Height. Okay. And evergreen. Yeah. Sort of like the density of it. Yeah. Yeah. Yeah. The density. or disapprove the site plan. This all this it this is it. George just you can do that. Was that what I did include findings within the packet. Oh, dude. And if you just want to if you just want to go over like like 20 of them, the new findings of which there are about six maybe. I knew it was too busy, right? Too good to be true. You said page 102 of packet.

wife made me go and the aiologist said, "Why are you here?" And I said, "Because my wife made me go." I said, "You know, I she thinks I have a problem." Well, what she's learned was that people have an ability to tune out what they don't want to hear. Selective hearing. Selective hearing. Not that I didn't want to hear the fact that I go through this thing. Okay. Do we have to look at Do we have to look at So, here's a suggestion here. to make it a little bit quicker and easier. Okay, if you just focus on the ones where there have been changes and there I've underlined the ones with with the new findings. The rest of them we can go back to the earlier decision and put in those same decision points. Okay. I'm just I may have done something with it. I may not have it available because that's right here if you want. Do we need to look at submission requirements? Uh really the only change in this thing

is those two parking spaces. So I I haven't included the two uh they updated cover letter which explains it and then the updated uh plan set is included as submissions. Okay. I've got the I may not have your conditions of approval. Dre may not have I brought them with you. Somebody wouldn't mind going through them. I can I can walk I can walk you through them. Oh, why don't you why don't you Yeah, I will. Okay. So, and sorry, George, one thing. Yeah, please remind me. We It's up to our discretion as to what is required here, right? Like we have a whole list of things needed for site plan, but it's up to us. But again, all this is is for the change the amendment to the site plan. So, so the drill is to make sure that this change to the site plan doesn't violate any of the uh site

plan site plan review criteria. So, it's like amended. This is this is just an amended site plan. So, what I've done just to create a clear clear record is taken the prior site plan findings and we're just adding the new ones and what the changes are. So what I will do is walk you through the changes and then you can vote whether that change changes anything in terms of its compliance. So okay go ahead and crank her up. Does that work? Yeah, if you don't. Okay. So the first thing is I have indicated they did uh submit the cover letter that explains the project changes and the uh updated site plan with the with the two parking spaces added. That's the only change. So the question is are those acceptable? We're you're at one. Yep. Okay. Yes. So this is submissions. Are those adequate for you to uh to accept that they are proposing these changes? And do they have they provided you with enough

information to make a decision? Yes. So if so if so make a motion. Someone make a motion. A motion that the applicant has met the submission requirements for site plan approval. Second. It's been moved and seconded. Any further discussion? Seeing none, please raise your hand to approve. Next, please. Okay. So, I did uh on utilization of site indicate that it's now 32 child capacity. That's the only change. And then added the number six to accommodate additional enrollment. The applicant proposes adding two employee parking spaces based on a calculation by Acorn Engineering. The spaces will measure 9 by 18 ft. That's where the size comes in and will be located behind the landscape buffer on the southwest corner of the project site across from the existing parking. So again, does that change the compliance of the project with site plan review criteria standards? If it doesn't, then you can uh make that

motion. Motion to site plan reflects natural capabilities. Um sorry I want to talk about this stuff but go ahead if you want. All sites to support the development building and parking are located on suitable land environmentally sensitive portions of site have been avoided and protected and natural drainage is maintained to the maximum extent practical.

Um the parking spaces are they just for employees? That's how we're going to use them. Just employees not anyone else. Okay. And then um George something. But we do we have a motion, right? Yep. You do need a second. Second. Second. Any further discussion? Okay. Yes. Thank you. Um there's some of these things that aren't applicable anymore. Some of these Well, well, again, all we're doing is is amending their prior approval which included all of these findings. Okay. So, different than what we just did sort of. Yeah. Because we crossed a lot of stuff out. We did. We did. I don't think we need to do that tonight. Okay. Apologies. No problem. Good to know. Yep. Thank you. Okay. So, been moved, seconded. Any further discussion? Seeing none, please raise a hand to approve. It is approved. Thank you for doing this. So, there have been no no changes on B and I will just go back to the prior approval and reinsert those.

Okay. So, adequacy of road system. We do need a vote. Do we need a vote? Okay. What I'm what I'm suggesting is I can go back to the earlier vote on that since it's not changing. That's we can just take the prior approval of that criterion from their current site plan and put it in this decision. I would agree with that if if we're leaving everything in there. I'm good. Do you follow? Yes. Okay. Great. Okay. So B doesn't change, C doesn't change. You don't need to make any decision on that. We'll just we'll let prior findings and decision uh internal vehicle that doesn't change. D E E does change. And number five, uh add another uh finding which is the applicant proposes adding the two parking spaces behind the buffer. Again, same language. I'll make a motion that the proposed parking meets design standards for setbacks, aisles, and parking spaces, prevention of damage to lighting and landscaping, and for safe pedestrian

access. Second. Moved and seconded. Any further discussion? Please raise a hand to approve. Done. Moving on to utilities. No changes on utilities, no changes on lighting, uh, no signage proposed, no changes on fire protection. I uh no check no changes on general buffering standards, no changes on historic and architectural resources, no changes on financial capacity or technical ability. So we will just keep those in stated as they were before. Okay,

Okay. Um, so this additional cost for this project is already or the two parking spaces is already included in the $280,000 that we talked about before. Yes. I think they said there's yeah going to be no additional cost to this. But that was for the parking spaces. Yeah. Okay.

decision paragraph this one here. Yeah. So planning board decision. I do have a condition. Do we have any just that the project is to be constructed in accordance with the plans, maps, diagrams, specifications, text, submissions, testimony presented by the applicant. I'd like to propose that we consider a condition B that the um trees are planted the buffer that is part of that condition. Okay. But it wasn't last time. But yeah, it's on the site plan. They're supposed to put it in, right? But it wasn't last time when it was in it was in last time and they they had a site you approved a site plan y that included that buffering but it wasn't done I think. Well that's an enforcement issue not a condition issue. Oh okay. So please do that. Yeah. Okay. Y yeah we were just sort of waiting on this cuz this came up halfway through the project. I kind of weren't sure where the parking was going to end up and like

what was happening with the house part of the the business. So okay that is definitely part of the plan. I would like to have. So we don't need to add it. No. Okay. More plants is better for me. Okay. So I will make a motion again. Then you'd have to change the name this year. George, the planning board grants site plan approval of the kids next door daycare site plan application subject to the following conditions of approval to be noted on the site plan. So you have to put it on your site plan. Okay. The project has been constructed in accordance with the plans, maps, diagrams, specifications, textual submissions, and testimony presented by the applicant and approved by the board. Second. Okay. Change any names. Been moved and seconded. Any further discussion? Seeing none, please raise a hand to approve. And it is done. Thank you and good luck. Thank you so much. Thank you for your thoroughess.

We truly appreciate it if you all submitted package. Yeah, it it made it easy from our end also. So, thank you guys very much and good luck. Thank you. This megaphone died. Okay, George, it has gotten late. Do we uh I can just give you a quick a short version. Yeah, and just pretty much talk about the process. Uh so select board endorsed the staff is going to deal with 139 technical uh correction issues. Uh I listed in your packet 14

minor policy issues that you're going to need to work with us in terms of vetting those over the next six months and going uh by the end of the year. We need to get uh a draft to them of whatever changes we're going to make. Um, some of these if as Juliet I know and Brian were probably here when we attempted to fix all the craziness of the road and back lot and everything else. So, a lot of that research I've already done and I'm prepared to submit it to you for review. Um, basically, uh, right now you've got this crazy system of backlot, multiple backlot, road maintenance agreement, and nothing is is just all over the place and it's very confusing. Uh the road standards are still tied to the old repeal growth policy. So that's like I've already got the package all together for that. And now I'm going through and getting I've I've come up with the solution for the waste solid waste containers. I've got language

ready to go for that. So I think we can get through this stuff between now and uh Labor Day. present it to the select board for a public review process and then uh do that public input process and be ready to get this stuff into the codification for next year's town meeting. So that's kind of we talked about the process. I just want to give you an update where it is and you uh depending on what we get for applications, I could put some of that stuff on to the July agenda. Uh if that agenda gets heavy, you may want to think about doing a workshop. Can you confirm uh the the items that the planning board should be looking at this year are 1 through 14? Well, that is pretty much up to the select board. Um and they are going to be hopefully scheduling something for the leadership of the various boards like we've done the last couple years to try to set a priority. I think the issue will be you

know is the codification and dealing with these 14 issues as much as the system can can process because then we also have the nine. Yeah. And the intent here is to put off those nine until after this is done. Okay. Okay. So this time next year start next year. I mean after the town meeting after the town meeting start going and again they have to prioritize what do they want to work on. I know the agricultural commission is working on some stuff. The conservation commission is doing an open space plan. So, they'll need to look at what all these different balls that are in the air, where they all fall, and what the priorities are. So, over the next few months, I'll be starting to give you these packages and you can start processing them, make sure you're comfortable with them, make changes, and then submit something back to the select board. say you know here I'll do a report here's the recommended

changes any explanation why and these things came from the group doing the clarification the these recommendations or no no the 14 items these are things that keep coming up okay like the trash okay and the and the back lots and you know all of that mess it it just keeps it keeps coming up okay I wasn't sure if someone from legal reviewed no the Well, there are like uh number 13 actually, I'm sorry. Uh for 12 came from the uh town

attorney who pointed out there's a loophole in the law that if you have a medical provider that is limited to five plants, you can have somebody rent a greenhouse with seven of them. And so now you have a marijuana facility that is exempt from the state and local. So, she just brought up that you may the town may want to put in something to close that loophole. Uh the John, you keep bringing up developers who apply for a subdivision approval and they haven't paid taxes for two years on the lots. Uh many towns just have a requirement in there. You have to submit proof of payment of taxes as a submission. Okay. So, it does sound like Regal did review and provided their comments, right? Maybe not like normally, but well well let me suggest we had a staff meeting that included the town attorney and we went down through my list. She added that one. The code officer said in other towns they have a

correction provision. The select board can make changes to the ordinance just to correct typos or misreerences that kind of stuff instead of waiting until a town meeting. Yeah. Yeah. But this is the point is this is all manageable for between now and the and the next town meeting to put into the codification. Some of those other policies are not to wrap into the entire codification like trying to figure out what should be in the contract zoning like in in addition to best that can happen this year. Okay. So to clarify the 139 are and I did include staff it's you want to look through these and there's any that you want to know what we're going to do uh and there are some pretty significant things in there but they're dictated by state law you cannot require a 1acre mobile home park site state law does not allow you to do that so those kinds of things we will be making changes but again this will all be part

of the what is presented to the voters and presented in the public uh participation process. So where where are the 129 all the way through? Yeah. On page 120 of your packet starts. So you can look down through all of those 139 questions. I've already done a hundred of them. Yeah. Oh, thanks for writing those. Yeah, it's

are. Um, part of what bogged us down in the roads issues was the just the confusion between, well, is it a road, is it a street? You know, the ordinances all over the place and so we just got bogged down in that kind of stuff. This is going to fix it.

way, I I did I didn't see anything about tiny homes and tiny home the state has changed. We do need to do ADUs. That'll be part of the ADU's accessory dwelling units. So, we'll address the the problems that with ours versus the state. Yep. Um, so if I understand this correctly, the your the recommendation is two ward articles. Yeah. The next town meeting next June. So, one will be the 139 uh issues. Yep. And then one

would be the the 14 minor issues or some part thereof. Yep. Doing that. So, um, and I may have heard you said I guess I didn't ask if you said it or not, but I think the 14 are not as minor as we may think they are. I mean, I think there will be a lot of public participation, comment, feedback, and even just discussion amongst us about changes. And and part of the reason I'm suggesting that they are relatively minor is that overall it's maintaining the current growth management policy. It's just changing the way that it's done. So you're still going to have back lots. You're still going to have those road maintenance agreements. It's just making the system make sense and work better. So it is a policy change. Uh you know requiring proof of payment of taxes is a policy. So, but it's a relatively minor policy. Well, that's been relatively easy. Yep. Requiring taxes. I don't know who would other than somebody hasn't paid their

taxes. But there were some other issues that I think, you know, landscape design, buffering. Yeah. Yeah. Those kinds of things where there may be, you know, back lots just by definition seems to be controversial now. U you know, sort of it's sort of like the third rail. Again, we're not changing that. We're just simplifying the way the way that we're doing it. But to your point, John, the last of the major ones in the list on your in your is is any that can't make it through the minor ones. Okay. And I I like that definition. I think that's Yeah. And you know, not to say that we shouldn't take something on. Yep. U if we we have the time. I mean, I think just doing this will be fairly time consuming, right? the 14 in particular. Um, and the the question is we're

shooting for all of these being town meeting ready by May of next year. Correct. So, I mean it not necessarily I mean you've got a deadline of July for the 139, right? And then a deadline of December to get a draft together to include the 14. Yeah. To include those 14. Okay. I just want to make sure that everybody, you know, the ability to do stuff because in the 14 I didn't see anything that was outside the realm of what we're going to do, what the planning commission, planning board, excuse me, is responsible for. Correct. I don't see us handing off to agricultural whatever it may be. Yeah. Uh now, they certainly they may bring in some stuff that they want put in. Well, they may and I think that at the end of the day what they can accomplish and then you know that is an additional uh public hearing at least by us if even if you they're going to assume they would all do theformational meetings, right? And that

really didn't work last year with the with the historic district. So everybody Yeah. I mean it's just the the onus is on George. But I guess I would really like to see that on the 14 that you know when you send them to us that road commissioner, fire chief codes, they've all Yeah. They're all in sync with what he what you want to do or or you say, "Hey, code fire road is not in in sync with this." And then we'll, you know, they'll get the report to sort it out. But I really need a motion their st their stamp of blessing or their feedback on it. Any other comments? What have we got coming up, George? I guess we have a sawmill, right? The sawmill guy still. Yeah. Planning to come in and you know, conditional use. And um the two

we've got Ruby Lane and what's the other one? Bowie Hill. And you guys pushed that one, right? Or not pushed it. You gave it a six-month. Yeah, there's an extension to get their paperwork together. But I suspect or would hope for their sake that that they would get their state permits by sooner rather than later. And I depending upon how prepared they are and how good the state is at getting stuff done. Okay. I guess I need a motion to adjourn. I'll make that motion. Move. Second. Yes. All in favor raise a hand. Tell I got a sore neck from looking right and left to see if you guys had any objections. And I'm sorry I didn't bring the other paper. All right, we're done. Thank you. Please turn your mics off. George is working.