TranscriptPlanning Board Meeting ~ July 5, 2023

Quorum and all that stuff and then we'll we'll get to you it's nice and cool in here 5th regular meeting of the Durham planning board first step is to confirm we have a quorum we do we have five members actually uh we have Taylor

Hutchison Julie Cavalier Alan Puritan and John Talbott and we have an alternate member Brian lenoy so we have our quorum and then the next thing we have to do is any amendments to the agenda acceptance of the minutes of the June 7th 2023 meeting anyone want to make a motion

Tyler it has been moved in a second any comments um in that case it's passed and we've accepted the minutes informational exchange on non-agenda items Town officials Mr DeBarge I have nothing to report yeah okay good any uh residents any non-residents and this is for non items not on the agenda [Music] seeing none we will move on to um the fourth the fifth item continuing business substantive review a final plot application for the Deer Creek Crossing Subdivision map 7 lot 32A and public comments will not be taken this at the barge if you'd like to kick us off yes as indicated in the planning board has been the packet this application table on June 7th that they they request and they have since uh received the Army Corps permit for the stream crossing the peer reviewer will Haskell has indicated that the applicant has satisfied all peer-reviewed comments including the hydraulic calculations so

the fire Bond the board did indicate in the preliminary approval process that it would rely upon the environmental permits issued by the dep and the Army Corps for the stream Crossing and that part of the reason for emphasizing the importance of that application process and not giving a conditional approval because you're going to go by that information in making a determination that this project complies with the environmental experience of the ordinance the fire chief has indicated his acceptance of the fire Pawn design including the hydro hydrological analysis he's confident that there will be water in it year-round basis with the design um the storm water treatment Basin that is located near the stream is actually on property to be retained by Dean Smith and I have pointed out that the news can be in the can be shown on the subdivision of land so that the homeowners association will have the authority to go on to Dean

Smith's property to maintain that in order to comply with your dep permit as well as the town's requirements I I have for several months now suggested that the board should have a packet of all of the information the final versions of everything upon which you are going to be making your decision so that when you go through the findings in fact you can see the documents you can refer to them and the record can clear to indicate which of the many this is the preliminary approval process these are all the documents of the final approval process including all of the different versions of the plan so the applicant has submitted a cover letter with a few additional pieces of documents for tonight as well as a final version of the subdivision plan set um the applicant is proposing requesting a conditional agreement in lieu of a performance guarantee typically a developer would put up a irrevocable

letter of credit for the full cost of the infrastructure installation for the project roads utilities storm water everything under the ordinance it does provide flexibility that a developer can agree that they will not sell any Lots or it will not be able to get any building permits for any of the Lots until one of two things happens either they complete the infrastructure

Road commissioner in the town's peer review inspector certifies that everything is built according to the plan and the applicable design standards and then they can get they can sell lots and and get building permits or they go

in and complete let's just say they complete 80 of the improvements they haven't paved the road road bases all in Utilities in stream Crossing is done and they they want to start selling lots at that point then they can bring in a performance guarantee for the remaining improvements they have to come back to the planning board give you an update of where they are with the project show you what they're proposing it will Haskell the town's reviewer to say yes that's the appropriate amount for the completion of the project and then an amended plan would be filed in the registry lifting the restriction on the sale of lots and issuance of building permits so that's that's what they are proposing and requesting that you approve a conditional agreement I have pointed out that the ordinance requires and it should be a condition on the subdivision recording plan so that anybody negotiating with them for the

purchase of a lot the return these title attorneys will see until all the infrastructure is done over the condition of the performance guarantee is Matt we can't have a closing that should be on the document that's recorded in the registry of deeds um the dep stormwater permit initially the applicant was saying that they didn't need to have a dep stormwater permit in part because so much of the site has already been Disturbed as I recall was part of the discussion but they finally decided they need to get the increment and so that was still in motion and I'm not sure exactly what the status of that is but that was one of the outstanding issues um I mentioned the easement for the storm water basement Basin on Dean Smith's land and also just for the record wanted to point out that the easement for the fire pond the town is being on the subdivision plan given the rights to go and use that pond and fix it if it's not working

and the homeowners association would be responsible for that but it needs to be clear that it is not the town fire department that is responsible for maintaining that Bond so that's just an issue I did prepare graph findings of fact and the approval conditions in your packet since I reviewed the plans that were submitted last Wednesday over the past few days I had the opportunity to go through those and I've done an update that includes some additional proposed conditions to address some of these issues that I just mentioned and others and as you go through this document this is your formal legally enforceable decision and you're required by main law as well as the land use ordinance to go through each of the criteria each of the standards I've prepared draft language for someone to make a motion and then you all vote on each one of those items individually as required by law and if the majority of you vote in favor that

it need they've met their burden of proof in the standards then you move on to the next one you don't have to necessarily spend a lot of time on each one it's just important that you verify for the record that you have covered all of the legally required criteria and standards of the ordinance if on the flip side the majority of you feel that they have not met their burden of proof on any one of these numerous standards then that has caused for denial of the project so that's the process that you'll be going through tonight if you're prepared to do that and then I as I said I have drafted a set of mostly standard conditions of approval for completion of things like submitting the inspection fee just how this is going to get carried through so the applicant knows what all the requirements are to get breaking ground as well as a few to address certain issues like the issue of the removal of the existing unpermitted

stream crossing that's been discussed all through this process the applicants have said they're going to remove the existing Crossing we have for a long time now pointed out we're assuming that dep has to initial a permit for that you can't just go in and do that stream alteration even to restore it without getting approval by the dep so the applicant should address where that stands and that is a draft condition of approval as well as that easement for this storm water retreatment basin on the on being on the survey plan excuse me yep I'll be giving

out a copy if you're ready to review the explaining to get ready I think we are ready okay while you're handing those out yeah I will ask we we have three members who were here in the back in the first of March when we went through this we also have uh Tyler Hutchinson who was not at that meeting but was at several others and Tyler I need to ask if you would be able if you're comfortable voting on this this evening have you looked at the videos and all that other kind of stuff having watched the videos and reviews a minute so I feel comfortable voting

have an issue with Ryan voting this evening not seeing none does the applicant have a issue with Brian or Tyler yeah the bearded one does anybody this Brian Illinois for your information is an alternate and just joined us a couple months ago and so uh but here you are weren't you sorry will you hear the table the first time yes okay and so Brian you're welcome to join in on any of the discussions ask any questions you just can't vote when this is all said and done understood okay so John there were just a couple of other in this recent review I just wanted to uh the couple of items that I didn't mention was that the submissions included a grading plan for the house Lots on figures one and six you may recall it was an issue two of those lots have a lot of wetlands on them and there was a concern with uh you know making sure whoever buys those lots and develops them so what we had proposed and the

applicant had agreed to in the preliminary approval that for Lots six and seven they would submit a grading plan and then if anybody wanted to depart from that engineered grading plan for those two lots they could do so but they'd have to bring an alternative grading plan to the board for approval so it's somewhere in the record but if

it's going to be part of the enforceable decision of the board that needs to be clearly documented tonight in order for it to be enforceable and then also on the similar note the homeowners association documents they originally submitted one form which is kind of a standard that's been used by other developers in the town but since then we've updated our ordinance to more clearly spell out what parts of that are enforceable by the town and what parts are just dealing with the homeowners association itself so they did revise that and it's somewhere in this record uh but I just wanted to make sure that this decision tonight reflects the updated homeowners association document and not the prior one that had been submitted by the applicant uh and then the last communication from

will Haskell gave a requirement for a modification of the spillway and uh that I did not see reflected in the current version of the plans so the question is did they incorporate that last requirement of the peer reviewer for the modification of the design of the storm water berm I could not see in the plans where that was reflected and you can ask the applicant to address that and then finally in the same light the applicant at some

point in the process submitted a document for the control of the erosion on each individual lot as they're developed and again that's somewhere in the record but it needs to be clear that that's part of the approval that you so the code officer if he goes out and he sees that someone has torn up the site and they don't have the proper erosion role they can say well we don't need to do that well he can say here's the plan right from the plan of approval if you have to he has the enforcement authority to do that

you sure okay uh in that case I have a question for you George you come look at it yeah is this what you're referring that's what I was referring to I don't remember that right yeah okay diagram yeah I don't I did not see that yeah you want me to adjust that rope because I I mentioned it in the cover letter because on the original detail there was like a leader that had said that 168.5 and it

and the arrow itself was deleted and then there was an elevation there's still at the top of uh water your your water quality volume and that liner is my impermeable burial which is what I've done for every 100 drain soil filter ever I've seen those pressure treated berms put across like a giant wet Pond or something that the that's your uh more of a um when we continue that discussion okay okay yes yep that is the one I can pass out look at it while we'll start the talking so I think what we're going to do then George is take this newest thing you gave us right on which is the subdivision review criteria uh the second page of what George gave us and go through this um item by item or it's a preference to go ahead and answer get answers to George's questions now and then do the individual paragraph

are you proposing that we go through approval criteria in that if everything goes through like it's either approved or not approved right now or are we still going through review of the project well tonight we're going to go through the criteria to approve her to the goal my goal is to approve or disprove so okay at some point in time whether we have General discussion up front or not we have to go through these 15 20 individual items so my question to

the board is do we feel like we have everything that we need easily accessible to go through all of these approval criteria right now do we have the thing that he just brought up adding to the site plan do we have all of the DP and usace

consultation letters permits well I think we go we can go through those I mean there's a time to have the discussion to say Okay so not approve the project well he's hooking up to the computer to tell us if he's got it or not foreign so the next step has to be this substantive review and if there's something that we don't as we go through this that's my my guess my question is we want to go through all the individual things George brought up first core you know the question about the core of engineer the dep thing the HOA thing do you want to do those now up front and then go through the individual uh criteria I would say we've got we get the unanswered question the judge has because if we don't get those answered then there's no reason to be going through okay with you okay I'm good with that that's my opinion we will I will try George you can jump in there but uh I was trying to redo those

um you maybe in fact you could just kind of uh George go ahead and take them on I've got some of them here but if you want to redo you know you've got a complete list there if you want to go through the issues that you think we have in many

the items that have been raised and prepare their response okay and now let's see we're going through very quickly do you have the list of things that we want to discuss about to speak in the applicant I believe these are then here

maybe go further down in a minute yeah well you're in the airport right you're into the last part right the town planner comments typically applications the applicant is received this is on the um okay sorry yeah yeah so that's it in

addition to the the five or six that George just read off will be you George you're probably gonna have to yes yeah okay us of the tabling uh the second is the applicant has received the required permit from the Army Corps so yeah I went back and forth with them a couple times all their changes were they requested that we add um uh Coffer dams on the inline Outlet end of the stream Crossing we said we're gonna do it when it's dry which is still the intention and they just said can you put those in just for uh extra precaution they said you had to do it didn't when it was dry maybe they gave you too much yes yes we've got that window to do it so we know you're intending to do when you're dry and still putting the coffee dims so um that was a couple note changes you'll see that updated detail and then the way they break apart their uh impervious areas versus or disturbed areas versus the dep's version is a

little different they only count it's kind of I think it makes more sense they only count the actual pavement as your permanently Disturbed area everything else is temporarily disturbed because technically all those Banks create an Upland that if they're around to stream Critters can come up and down those and still inhabit that it's not uninhabitable it's just so the pavement is so they just asked me to break those out a little bit more um specifically yeah

um you submitted to the Army Corps it's included their response is included um as far as what was sent to them it's just the plans that you're seeing there the the same plans the big set no I they only needed to see the grading plan okay well they listed they list the pages right

co5 305 c102 and then pictures of the stream Crossing right there that's her permanent Wetland impacts are only your actual road service okay so all of this we do not have any of this um does the board feel like we need this as part of the final plan packet to review

I I definitely think you do when I look at anybody files the codes enforcement I would want all that I had copy available to me because I would be worried about electronic aversion being lost or misplaced you have you have c305 and c102 which is we just don't know what you submitted I just that's it see 305 and C10 but we don't have it like so what we're seeing is we need to know what you submitted and what you received back from the core in our final plan

what Charlie's saying is these we have 305 and see 102 are in our packet yes but I don't know that's what he submitted for this why is that your prerogative January and then you said you know oh by the way we are also doing a stream crossing that's all well the stream Crossing well what I added to the dep permit was that the the undergrading soil filter was within the 75-foot setback so will had asked me to include let's stick to the Corps of Engineers yeah core of engineers I have their approved permit that I included in that package which is lays out their rules and and their review and everything that ever goes along with an Army Corps permit we'll see and another thing is

like the the letter that we got back from the core is kind of I think it's both General said yes yes it's it says that it included the general permit in what you did yes exactly I don't know what does that from Heather letter that it was it was available at the site versus a hard copy with the letter it says please review the enclosed GPS carefully we verify that the activity is authorized under general form of eight and general form number 22. and those are do you have copies that aren't those that's what this is right there this is my yeah this is my entire application to them that's the application and their response their response is the first two pages that's them that's their DP this is your permit

please review the enclosed GP switcher which we're not enclosed in the copies we got and then it says that you should tell your personnel the contractor to make sure you're doing that so is there that you're following those and then in particular there's five or six of them that are listed right um so I think there's maybe two questions here that are trying to get through my mind one is can we get a copy of that you want to copy the general purpose the standard Army Corps like that's just their you want me to I got you and I think where that becomes it this is Talbot's opinion where that becomes important is we've we I can see you're you've got your approval from the corps with authorization whatever they call that but I think just Allen's or somebody's comment that it would be good if the core the code enforcement guy who's ever going to go out there uh uh Merrell Palm Earl Palmer or whatever so it would be good to know

a couple things one you send in your those pictures so what did you send them give us a copy of that hard copy and then um two um I guess we either you can provide it or the code enforcement guy could look up he's whatever they are anybody who's inspecting should know what those yeah yeah okay I mean I don't argue with that yeah so make sure he's that he's comfortable in the oral Palmer they probably are so the question is do we need to what do we need for this evening

you're relatively e-processed for code enforcement whomever that is whether it's a new person that comes in to be able to look at a packet and see how it's complete you shouldn't have to go wait a minute I'm reading a letter and now I've got to go to this website and review these two permits

General permanent 8 and 22 should be a high copy should be available so you can read this like a book on this there's two different aspects of it okay one is the ease of administration the harder it is more documents things get lost secondly the other question is is

unless you make it part of your approval then the applicant or contractor out there can say that's you have no authority over that that's Army Corps of Engineers well but but the enforcement may be but if they're not following that if they're doing something that's different in this or the de permit or the historical Corvettes the the code enforcement guy can go to the core and say they're in violation of your permit and then the core would be the enforcement of it that's correct um I'm just looking for ease of access for information to somebody questions sometimes yeah I guess I guess just for context this is the general permit it's a 51-page document it's a generic this is for everybody I've never printed this off ever that's 15 and 22.92 that's all yeah this is all of them so here is your general permits that's out of all the the missions that contractors have to have to follow yeah I think he just rolled past them should

that not be made available to the board as well as to the contractors who are going to be doing the project most certainly the court tells them he has to send it he has to make sure his contractors are notified of this yeah can you just scroll to page is that five right there yep okay okay that's what she specifically says in her letter um and then there's a couple numbers that she refers to yeah so

would just it's not like you said it's not that hard to show what you submitted to the agencies and what you received back in the file yes it's not completely our A4 we're not the core we're not the DP but we are reviewing this project and it is part of the ordinance that we do review it before this this so that's dancing I can see it on your screen it's you've obviously submitted stuff but we just we didn't know

questioning the army course at all yeah I guess I guess I'm curious to what end to what it to what ends you do have all the same material that they have it's just packaged differently so I mean all I sent them was four pages that you saw you you have that uh we don't have that I think it's part of the difference we have the Maybe I'm Wrong we have their response to you and then we get into dep stuff in the package you've submitted Am I Wrong attachment a is simply the

on that is that part of the course uh those PDFs are I I did I did remove them from the PDF in the back of the application because you have them again in the plan set so I wasn't going to print those again I think the easy solution to this is we print somehow we get I'm comfortable with printing those that those couple of pages there of emails where you had the PDS attached to them because they would correspond to the plant set that we do have and even if we get them electronically that's fine yeah we can print them that's fine because training is not the issues for this the issue is proper documentation of the record of this need right remember this that you guys did a couple of these this is kind of what I'm looking for final the final so what we need to review things have changed since October 2022. a few things right and but in this you did include consultation so it's not like it's out of it's weird what do you

mean consultation consultation letters like uh yeah like what I sent to all those guys yeah yeah so yeah this is just yeah yeah right yeah so so just make it easier um and for the CEO it's all good with what George I'm doing with what George said which is send us you know that back and forth that you had the letter saying you're authorized you sent what did she respond to that stuff you're scanning just slipping too quickly now and send us that and then

um that's your application with you know the follow-up discussion and then we have the authorization letter and I'm comfortable whether the code guy is happy with it in that format or we printed out for them at this point about this I guess I'm trying to figure out where we try to keep this thing moving at the same token making sure we've got all our bases covered yeah I see everybody else yeah okay with that comment yes so I think what I said was email that what you got up there to George and if you don't mind sending the 51 whatever it is there uh the only down in general permit for you do what you want me to include the general permit it just save us sure I'm an efforts of

documentation relating to the application location I know he's a smart guy but just in case so that just makes it and then down the road we don't get into discussion with you know your guys on site he says you're you didn't do number 13e you know everybody says what the hell was that yep okay keep this thing going thank you okay you're welcome

next thing that uh we are discussing what was there ever we need to discuss about excuse me some water easement maybe I'm not following that well maybe where are we going to go down okay yeah um will Haskell um completely satisfied except that one thing that you brought up George yeah that we might want to talk about now I can highlight that for you isn't that not on the plans it is on the plants I mean I saw that I'm not maybe I just didn't understand this oops I saw liners and I saw yeah the way the way it was worded and I'll show you the old one in the new one so maybe you can understand what happened here um plans uh that was C30

and this is not in the plan setting it is the new ones in your plan set okay so we've got that we got three or three is that what it is yeah the uh yeah so look if you look up here you see how there's this 10 foot wide Spillway equals 168.5 and it looks like The Arrow went to here

look over here top of water quality stormwater water quality volume storage is 168.5 and that correlates with the top of the liner which is your impermeable layer what date is that set was that what's the date on that because what I have does not show that does not show which the arrow exactly I got rid of them oh so that's what I'm saying I cleaned that up so that was my response to the peer review comment was getting rid of that Arrow because I saw where the confusion could be so that's an old set and then I removed that detail he wanted to put it you can put a I've seen it on like wet ponds where they bury a pressure treated piece of wood in in it to control your your elevation across it

well he's saying he's not going to follow the recommendations of the Pew reviewer I'm not going to put a pressure sheet a piece of wood I didn't know your reviewer has said is needed yeah oh so my question is what are you doing so see where he see that elevation where he's got the the water line on the left there yeah that now is the liner right the liner the impermeable barrier that we're looking for that's going to control this water volume is your liner rather than burying a piece of pressure treated underneath that liner my suggestion would be you should have gone to goral Palmer where you're not going to do what he's saying sure and you should have cleared it with him before coming to this meeting sure what is the reason not to do you don't do you not agree with that as an engineering engineer or it's it's constructability I've seen it done it's another point of it's a piece of wood buried instead of a piece of plastic

buried so I mean wood has a little bit more finite life to it I mean you'll get any of the treatment ponds that I've done in the area in Bowie Hill has two of these and none of them have pressure they're more expense to do it this way team we've got the concrete option you could pour concrete across the top of it too again you're pump it in concrete rather than just running the liner and but who's maintaining it in the end of the day at the end of the day that's on homeowners yeah this is the final song we're talking about no no this is for the underground soil filter this is a little that little Pond 303 is the fire Pond wasn't it no we we no this is a soil filter this is the uh I thought this is three or three

looks to me like fire 304 is the fireplace oh okay the location is yeah they look similar but they're not yes so I guess so this is a question that actually for the board so what we are seeing is that the peer reviewer came back and had a comment recommendation for the engineer the engineer came back and said pretty much they don't want to do that I just thought he misunderstood where my elevation was I didn't realize that he wanted a piece of wood there I thought he was just saying this is how we do it put the put the water quality volume see a little arrow with the little little water level next to it that little upside down triangle yeah so you'll see mine instead of being at the top of of the pressure treated is at the top of the liner which before I could see this this having caused confusion okay so do you think what your edits that you made to this might have I would hope I've done this over three

dozen times Okay so just pause for a sec I've never seen personally I've never seen a piece of wood in a Spillway that I come from six days over um so a couple of questions decision yay or nay um as it's recommended sure that's not what's recommended it's wood or concrete okay I'm sorry concrete

sure thank you I think Woods Woods more effective than Concrete in this scenario just because you'll you'll take that plastic what you do is and I've seen the build I have seen the build where you put a piece of pressure treated and then the liner will come up into over that piece of pressure treated it and tie back in on the other side of the underneath the red wrap if I'm buying it as a homeowner I don't agree with that concrete is more I've never seen the way make a concrete's go away I'm just saying well I think yeah we're going to follow the engineers they gave them the option yeah and I don't want to get into designing you know it's kind of engineer versus engineer it is and I didn't I didn't realize this was a I honestly I've done three dozen under drain soil filters in my life and never have I ever put that piece of pressure treated in there I've seen it done I just figured it was a preference

because you can the the the that you can perfectly control that elevation right so in order to guarantee that it's a sheet flow coming out of there you can set that piece of pressure treat at a perfectly level spot and now that flow is evenly distributed across wherever it's going right and hydraulically you're saying okay the rip wrap you can put reprap up to that now right so your rip wrap is still there and once you go over it you have free flow the where you're using the liner what you're saying is the flow going through that rip wrap the rip wrap slowing it down negligently right like during during a water quality store like the storm that's gonna push water over the top of this any any significant rate is a 25 to 100 Year storm was a significant amount of water so at that point What's going through that riprap the rip wrap's not gonna choke that back right I think in an effort to keep this going to a decision

in one way or another I hear what you're saying and and if if you are willing to follow the engineer's recommendation rather than make sure for it sure if you want a piece of pressure treated in there now the question would be how can we make sure that is then included at all whether it's a condition of approval we reference can't remember their names uh yes it will be a change to the plan so we need to put it into the conditions so like we'll mark that as sure that would keep it going yeah I appreciate you coming I think we just need to follow the what our Engineers recommended yeah

what's the next issue up there although uh yeah they're part of the stormwater permit um that's news to me George because there was a conversation earlier on where we had you guys had asked me to show the impacts of all the Lots being graded and then that put us over the five acres of impact but what then you bring back down and say no no well that's not what we're impacting as part of this project so that that's what if somebody buys the lot and they build on it that's their prerogative so the there was a little bit of confusion but I thought that was resolved in terms of we didn't go over five acres of of impacts so are you still under PBR yeah um no I got PBR yes I have a PBR but this is implying a storm water permit which we are not in the storm water park that's over 13 lots and five acres of disturbance and like I said originally when the peer reviewer first got this there was five acres of Empire there was

five acres of disturbance because I'd show that grading going way up and Beyond to the right I like flattened out the Lots so are you recording tonight that there is no requirement for dep stormwater permit yeah we have the PBR that was our dep

the since addressed this issue in their plans and the peer reviewers outside the plans meet the Durham stand for the same as dep stormwater management yeah that's my summary of Wills but I mean I'm assuming your summary Okay so we've got that yeah yeah

um do you want to talk anymore about that similar to the USAC we have emails from DP saying that um sounds Yes sounds like you have a PBR Crossing application there I think they never responded to your application for a stream Crossing no they did so if you look at uh May 16th

um you submitted an application for stream Crossing to the DP and what did you get back from what did the DP was it Alexis the address is uh dp.pbr helped you that's right give me my dep permit I don't understand never as well um so the additional permit was just the student Crossing permit that is the dep PBR is for the stream Crossing The Mooring attaches an application for stream Crossing in Durham I think you submitted the original application for the PBR back in January February May 16 2022. and then we talked about the stream Crossing and then you were going to talk to the VP about so this conversation right here says on May 16 2022 I said attaches the application for stream Crossing in Durham

is my project manager saying oh I see what you see I will update it's all one PBR okay so all that was missing on that PBR was that there was a form right that there was this stream Crossing box that needed to be didn't need to be checked okay so nothing additional

from her from them you didn't get anything from her that said you have to submit something else yeah no she just said I'll update your permit no duly noted no additional fee required all up to the existing PBR to reflect the underground soil filter so there was good with that one on so let's let's kind of get back to we were kind of going down a list of George's comments John I'm sorry oh I'm sorry I'm getting so we were talking about the soil filter but then we're also removing stream crossing right the stream Crossing was the original permit that was I went back and adjusted it so May 16th they said you need a dep permit I went and got the PBR for the stream Crossing and then there was a comment saying well your underdrained soil filters within those setbacks let's stop here a second let's get back on the list of things because right now we should be talking about we've not later on we'll get back to dfp so we

jump from stream Crossing which is the bullet we should be talking on yeah and let's get back to that and so kind of are there any what are the issues on Street crossing but we'll get back to that to your your concern there but I just we're going there um so um yes so so we are proposed you are proposing a removal of a stream and impacts to Crossing as well all of that is included in that PBR is that what you're saying that's what I told them yeah I said hey taking it out put a new one and that's actually my email to Heather was Heather this is the first product that I can say that we are actually helping the environment rather than hurting it okay we're removing a terrible stream Crossing replacement with a proper one we're taking a defunct gravel pit and building a few houses on it and vegetating it so the only thing I would ask in the board let me know if you agree is like the usace if we can see what you got

back the permit the you know whatever that whatever you don't get anything back from them no what you just showed on your screen or was that your app that's that conversation yeah it is part of the public record because he's showing it to you tonight that's part of the public work and he provided it that was in the package yeah yeah these emails but we did not see the application the application was included in an earlier package okay okay so that's part of that so if that could be

all right I rest on the Stream okay the only thing that I did not see was instructions to take out the existing I did not see that in the plans can we put a a clip on the plans somehow note whatever to remove the stream Crossing

existing stream Crossing set not on the grading plan though I didn't see it if it is show me oh um because yeah I know we've had that conversation and I know I've included that and if it is at all throw on my comments it's not now we never moved it so yeah if it's in there Okay carry on I'll find that while we're talking here it's hard to carry on without you I'm great we can make a whole boatload of decisions that you're going to do yeah that's fair hold hold that's c101 we don't care I don't care about that

we wanted to be enforceable it has to be a part of your decision making tonight documentary that I'm going to distribute this is from the uh to kind of give you an indication of why I'm pushing in some of these issues this is from the main Municipal Association and uh manual for planning boards produced by their legal department and this is with respect to enforceability of planning more decisions there

on this final subdivision plan if anywhere right I mean that's that's the one that's really getting recorded that's where we add it we that makes the most sense because it's recordable yeah exactly the point being that the the left holding yeah [Music] so from the MMA manual conditions of approval uh they wrote a planning board it has inherent authority to attach conditions its approval of an application and then they give a bunch of court cases supporting that and down below it says and I highlighted it any conditions which the board wants to impose on the applicants project must be clearly stated in this decision and on the face of any plan to be recorded to ensure their enforceability to be recorded so that makes then it has to be that the recorded plan I don't see it Mr Brown I'm looking yeah yeah we should put it on that road that recorded plan so that would be a condition of approval to

remove the existing in the crossing yep [Music] talk about it a lot we have that's why it's just supporting us out there you're talking about it I hear you I hear you okay so stream Crossing yes no going going gone okay next one is fire pod and the chief I think in my mind we are well actually I'll let I do have a comment on that anybody else have any comments Chief's happy with it hydrology so I know these are broken out uh then do you want to talk about the easement now or later we can talk about these but we talk about easements with the fire Pawn I mean yeah so that's just the

you won't that's the fire department doesn't necessarily have the authority to go in and you reference it on that um yeah it's on the recorded plan but it's here's my problem with with three easements one is it's not well defined it just says that there's a easement too fire department Forget what exactly no it's it's pinned we put pins in and you've defined it so what I see there is fire Pond proposed fire Pawn area Pond access for he's one for town I don't those seals see the the bearings and these things on the N 54 43 24

159.97 feet l29 so you've got you have that easement that's defined yes it's pinned yeah we pinned it and that is this the truth and then follow-up question so is that the same for the proposed row of these things the time nobody owns that right I don't

know I don't know how that gets that's just a paper Street essentially an easement I think yeah if you guys die and go away yeah it's a proposed easement reserved for potential Futures and I think this should not also should not say proposed and when it goes for recording make sure we get rid because it's no longer it can be proposed it has to be the real thing to recline yeah right it's a good point so just blank that out but I think we need to know yeah you've got all 33l32 yeah and are those usable to Define that it's better to find that easy oh both those easements are yet the northern's Barons are there okay right that's that was my question yeah all the Northerns and these things are there let's just go ahead and if that recorded reporting a plan makes that a legitimate easement for the fire department to get in there and do that if they have to I mean hopefully the homeowners association will not make that necessary

that there will never be a fire in there sure so did we do we need a note on here that um it is the homeowners association's responsibility to it's in the homework association bylaws so we don't need a no I just wanted to be clear for the record yes that that is the homeowners well it's also we have the easement we have the town has an evening so they can use it but they're not responsible for maintaining it okay but it is on the content called the recorded platform number 11 on that on the notes it says the Deer Creek Crossing shall remain private and be owned and maintained parentheses along with the fire departments

there okay but my question is you have easements of record should you put a reference in the amazements of Records these two easements when you record it they're not easements of wreck not until we get until until it's recorded okay that is that is that is I'm gonna heal I'm trying to figure out if you're recording it you'd think you'd me okay so I guess that's probably some Google yeah

um maybe I misread it the number 11. there is no comment to the Future uh easement there is well it's on the on the plane itself no it's not a plan but I but should should we just put a note there saying that uh the future Road it's not it's not being made changes it doesn't exist right forget it talk yourself out of it okay we're done with uh fire Pond will you take all those for me from now on we talking all these points take care of this for me because nobody else listening it's on fire Bond storm water treatment basement into Julian already brought up the easement yes I'm sorry let's go back to the fire Pond one more I'm so excited on all of these uh these two ponds I do I see an outlet I don't see where the outlet goes

the whole idea that you're sheet flowing it so it's just going to run over the ground as a non-channelized flow for 100 feet and I don't have the topography in front of me it here's my question it's not going to go back on homeowners Lots no so it's flowing to whatever yes this is going to flow into the neighbor's Lots it's going to throw into the stream there's a stream that runs out back here that everything dumps right into that stream pretty quickly yeah that answers my question and is that the same with the detention bomb yep okay so then the offside Eastman yep

I gotta add that I thought I thought I had sent that to uh Dean's property so we don't have a defined easement because that would have to go in be recorded as an easement uh separately because you can't show it on your platter you can just show it as

these you know that we have the easement documents was it pinned who's the surveyor how Cornerstone so yeah profit yeah his own yeah your property then it's it so there's got to be easement on on whatever you show the flow of that oh I do have it [Music] uh these properties whoever the neighbor is I don't care who it is but proposed stormwater maintenance easement so it's there what street are you on oh this is the subdivision plot the last page or whatever I wonder if I didn't include the right draft for you guys sorry again this is what Jan sent recently or not recently there's ages ago

plot so I didn't I didn't make a new subdivision plan yeah it's not there I haven't seen anything we have yeah sorry it's not easy enough and I think I told him to do the performance guarantee thing too shoot well that's what it's gonna look like guys [Music] it's proposed stormwater maintenance easement it don't matter to me as long as you got the do they have you know the whole issue down the road if yeah somebody has to go in there and uh yep and it works that is the right volume and all that stuff yep okay so that's a condition it if we get to approval that could be a traditional approval so we're moving on from there to the conditional agreement

your final plan does anybody have any problems with as George described if they need it they would come in and tell us how much dollar value they think they have left either we agree or we'll ask and can confirm and they have to do whatever they're going to do leave money behind or whatever but we give them I guess give them the permission to come in somewhere down the road or his initial infrastructure yeah yeah either it's all done or and I think you've already written that one up so it just seems to be added it does need to be on the planet with the revised updated version yeah

okay we can move on from that one that horse are we content yeah we just got to make sure we you what we ask you to send us you send us yep and then the storm water permit yeah I thought we sorted that out did I'm asking us a question are we good with um I mean we heard from Charlie that there is no requirement for a storm water permit for this project um

meets the appendix or erosions incentives and storm water so I think we're good on that one okay moving on then the next one right the uh all right I get it we'll put the easement on there so that's the easement are they adjoining property um

talks about the fire Pond easement so I guess on the fair Pond you get rid of proposed when you finally recorded on the road I think you do leave it though because it's not in the road right and you've or would you say future right-of-way rather than proposed it's not even proposed right just just kind of like a scary however you want to say it yeah yeah but it's it's on there yeah well I don't know it's not a future easement it's a future Road and easement the easement has to yeah right easements there okay foreign

for water and all that other stuff is that clearly documented somewhere I'm on the bullet on the page seven I don't know if you guys have this page seven but rust that son of his recording plan doesn't include easement for the fire Pond which we talked about yeah and that the homeowners association is possible I think it says fire protection it does does it say storm water in that note

is going to come up and why do I have to why do I have to pay for that sucker do we review the HOAs it's part of the record so and let me just clarify that so what we did was rather than having the board go through these dot legal documents we had the town attorney I worked with Jack Conway to draft up a

format that can be used that needs the legal requirements for the town attorney and provide that to applicants and we say if you use this you're going to be good to if you want to change it you have Jack Conway review it so they initially just submitted their own idea of a homeowner's document which didn't address the town issues subsequently I've provided them with that template and said you need to use this or get a review by the town attorney so we do have that as part of the public record unfortunately we don't have a complete package tonight for you to be able to look at that document but we're going to look at it as part of the review

it's important to you you want to look through it you should have it I'm sure we need to either following these yeah right guidance I'm giving you this this is this is the the Declaration I believe from the towns this is the towns

this isn't the towns is the first one I gave you this is the first this is the first one which doesn't mean here's yet another conditional proof that you uh if you're amenable to doing that you follow the towns see if we ever get into an enforcement action we can't go and Define files on his computer right right right right that's the problem right yeah okay so moving off that difficult can we just make that a George this is the one this is the one so this was included in the it was a pet it was uh h uh November 22nd George machine so that

would be a condition here's here's my my thought for you though I don't know off the top of my head if that includes we've we've told you to put in there that they have to maintain the road and that may already be in there because that's it yes but the fire Pond and that's in your storm drainage is all we covered all that stuff it is

whatever that well it is and then I think George we've covered your town planner comments on there planning board packet which you had I think we need to have you go back over the other issues that you listen can we address the easement for the storm Basin uh the grading plan for house Lots figure uh figure one lot six and seven layout was in an earlier submittal it's not part of the packet that's presented for you tonight for uh so go to the applicant where is this document can you show the board what it is operated into the record do you have that to show it to us and forward it on and then these well you've seen this everything everything we're talking about you guys have seen it's just a matter of putting it in one place or getting it to us and is it in the package you provided that we just at one point no at some point I didn't reprint everything that was kind of the I thought my understanding when we left because I was

giving me the whole plan set and then George and I talked at the end he's like oh if you can show it in the computer then that sounds way better than printing off everything today but I mean if we can that that's not I said if you're not willing to put together a packet at least bring in yourself selected hearing ads Finance I'm like oh sweet he said let's move on to the Cubs start at 8 20. so yeah we're just saying we want to include it in that packet yes so in order to make it enforceable yes so if you will include that we'll make it a condition of approval that Georgia clears Lots six and seven the individual grading plans or a grading plan

addressed the removal of the existing stream Crossing and was included in the dep and they're going to give us the documentation of that we've done the conditional agreement the updated homeowners association we just referred to and I do have that listed in the draft conditions of approval that you will go through and the specific reference to it the rip rap Spillway they've agreed tonight they're going to do that and then the lot erosion control plan like the figure one is somewhere in the record but if you want it to be enforceable it should be presented to you tonight I think we decided to make that position which one was that lot erosion control plan from the dep manual that you submitted as a basis for saying yeah you need that standard now did I just do that as I think that's just a note isn't it I put a natural plan together for that in an actual schematic which is no yes which is different than lot six and seven Great

version yeah yeah behind in all of this but um how did open space end up on Lochte is there any way to get that out of there the word no the proper line the open space proportionment isn't the open space line that's a setback that's the 100 foot stream setback I understand the confusion

show me though I'm not see that dash line that crosses the corner right there oops I'm tempting oh yeah he's that's not the open space line that's the 100 foot stream setback property line choose where they access their lot from so let's let's look at lot 11 for a second which would they have trouble if they wanted to access it from the North like this area right yes well they don't get to choose it if it doesn't work yeah Wetlands yes so okay you're not telling them where they have to they have a building envelope so they gotta get their Building inside of that envelope and the code enforcement guide will ensure they haven't crossed into Wetlands or they're not in the building setbacks and all that stuff so they're building them blood is really yeah yeah

is there a setback is that a stream what is that in the middle of the Wetland it's a little Wetland yeah and that's the Supreme setback the stream starts here this is where it began to be classified as a stream so how come there wouldn't be setbacks on the let's just call it the east and west side of that so there you go so the stream goes north to south

let's just say yep playing this North yep why wouldn't there be setbacks on the east and west side of the street that's what these are you see that see that dash line there right here oh that's nice line yeah this is that's where the stream starts right here oh right here okay got it thank you

fact there you go okay then I guess George gave us a new handout wait a second for Julie is there any other questions from the other folks rows of control the sounds of it right you guys I'm gonna forward you the HOA again no we have it and I have a referenced in the front if it hasn't changed but you do want me to send you the the figures again for Lots one yes that we need figure One log reading plan as well as the lot in erosion and sedimentation control plan I mean we have it as part of the record yeah the question is is it the referenced in the document that the board is going to be approving tonight otherwise it's just information you submitted during the review process and it's not enforceable okay we oh so the answer is yes we want we want you to send that to us so how's that different than the HOA one I guess that from a just from an understanding example in the document that we're going

to be reviewing in next I referenced that by specific and this is not referenced in the real account and it needs to be okay if you're made out of the right time offline you might take a look at the issue of the affordable housing and accessory units and all that other stuff as it reflects on HOAs yeah I'll add to my discussion at that point so moving on to the very first [Music] whatever the hell it was uh finding a fact subdivision route so this is Page [Music] three two I guess of what George the last handout that George gave us this evening folks so before you jump into that John can I just summarize the first part of it okay so part A of your your decision document tonight is a description of the project it basically came out of their project narrative Part B is a listing of the specific submissions on which you're basing your decision like the Army Corps permit reference the plans that they submitted

here's what you are and I have put in the final subdivision plan dated October 17th we've pointed out discrepancies on that plan that need to address the c100 updated through November 22nd sheet 101 updated through November 22nd and I would ask the applicant if these are not the most current please let us know so that we can amend them through this document sheet 102 rating and erosion revised up through February of February 22nd to 200 uh David revised February 22nd 201 revised

February 22nd sheet 300 erosion with control notes revised uh last revised November 22nd the sheen 301 details were last updated or were dated October 19 2022 no updates to that plan 302 updated through February 22nd sheep 303

updated through February 22nd fire Pawn detail was revised from November 22nd of last year stream Crossing details revised last revision of June 5th of this year GP100 was updated through November 22nd sheet what D100 which has the same number for some reason is also dated November 22nd and the simple erosion control manual for small house Lots from the from the control erosion control manual actually I do already have that reference so I think we're good

okay so those are the documents among others tonight that are part of your decision that you're basing during the final approval ones to this project okay I will bring it up now I guess as good a time as any uh some of the the conditions of approval will require changing the plant sheets that we want to do that at what point in time do we know that how do we confirm this if we give it as a conditional approval right so when do they have to show that plan is that when they go um at what point do they have to show that okay what's going to have to happen is they're going to they're going to survey you are going to have to sign that plan probably at your next meeting uh you will be meeting next Monday night at a workshop meeting if they could turn it around that quick theoretically you can sign it next Monday night at that time they should bring in a list say here's what we have done to meet all

of these and check it see if it's done and I think that would be added yeah I am good with that so I would assume you're in a in a relative early now we may not approve this I would start with that caveat um so it would probably be best if we could go ahead and do it or if we give them there are any conditions as we're going through this that need to be done before they break ground let's discuss that when you do your positions we could talk about all that stuff okay so then can we finally get to the first fight no okay

what we're seeing is that everything that we might not have or that we might have questions on or there's edits will be either approved as conditions or not approved right so in other words we are going through this new it's going to be approved or not approved tonight like everything that isn't here is a condition yeah I think yes I think that we I think we've thrown out a bunch of conditions so yeah if we miss one we'll catch it so yes I think the answer does yes

we're going to begin with the very first by the time we finish this I will know it whatever it is but the very first finding of that thank you uh are we ready to begin ladies and gentlemen and the first one is pollution says will not result in undue water or air pollution and then it gives you some uh impacts or things that we should consider is there any concern about pollution from this project

packet that we have we want them later it shows that there is there has been proper attention paid to erosion water septic I don't think there's any cost for concern with air criteria oh do I have this oh are you making so just for the process what should be done is if you want to make a motion then you would basically say I make a motion that we find that the proposed subdivision project will not result in and just read that right there someone seconds it then the board votes on it motion making is tricky that was my open for discussions but I'm happy to make it well we'll get a motion a second and then if there's any discussion very well um I make a motion that the proposed subdivision project will not result in undue water or air pollution and making this determination in the board had considered the five adopted criteria for pollution and the applicant has submitted evidence and testimony of

compliance with the performance standards for elevation of land in relation to floodplain management contained in section 6.25 for soils and Wastewater disposal in section 6.19 per slope of land and effects on effluence through erosion control plans and storm water management under Section 6.17 and 6.28 and for state and local Health rules under Section 6.16 the water supply 6.19 for sewage disposal and 6.24 for impact on groundwater quality and that's your summer you spoke first yeah okay we have a motion in a second any additional any comments discussion

do a vote please so first votes to approve please raise your hand uh unanimous so number two should we just go around and make it to the S turn to make a motion anymore problems in the area they've done a hydraulic analysis on the fire pond yeah

so yes [Music] I uh make a motion that the proposed subdivision will be served by individual Wells for the requirements of section 6.1 6.8 and B and the controls fire protection water supply has been reviewed and approved by the fire chief or the requirements of session 6.161 I have a motion in a second by Alan any further discussion if if not those voting to approve please raise a hand 4-0 erosion number three is erosion will not cause unreasonable soil erosion or reduction in lands capacity to hold water so they dangerous or unhealthy condition results

right and reflect that this includes everything during the preliminary approval process as well so you might recall on this one that the neighbors came in and complained that drainage was coming off where the road goes in now and then we said the peer reviewers and look at the drainage they've done that so when you're making your summary conclusions tonight the record indicates that you've done due diligence on all these issues even if you're not bringing it up tonight but there may be relevant things like I just mentioned that you want to bring up and say that's why we're approving this project or not there's a note on the plane that the topsoil will be retained

procedural questions that have come up a couple different times before he makes his motion so is this the place we've put in a condition of approval about uh the original erosion control plans if you feel that it's necessary and it's not included well what would happen is you bring that up if you think it's important we would say okay is it in the draft conditions of approval if not make a note and we'll add it when we give it so we do it at the end well you do it both you mention it now if you think that's an issue and then ask me is that address in a condition of approval and I will say let's go there we'll look at it if it isn't and we'll say make a note let's add that as a condition of approval okay well I would okay I think we've had it we've had that discussion so is it in the so in answer on this specific one it goes back to the submitted uh documents which includes number 15 the simple erosion sedimentation control

plan for small small sites house slots from the dep control erosion control manual is part of the documentation that you're basing your decision on so there's no need for that one to have a condition of approval because it's right there okay that's important so what we're saying is you got to follow whatever that happens okay yep okay that answers my question the proposed subdivision will the soil erosion and sedimentation through the procedures outlined in the erosion and sedimentation control plan meeting the requirements of appendix 2 as determined by the town's peer review engineer topsoil will be retained and used on site I'll second that any further discussion

seeing none a if you are vote in favor please raise a hand 4-0 I guess I'm up next traffic and basically says will not cause unreasonable highway or Public Road congestion or unsafe conditions with respect to the use of Highways or public roads existing or proposed and if the proposed subdivision requires driveways of interestness onto a state or state eight Highway located outside the urban compact area of an urban system don't have that or of a nerve and compact municipality the Department of Transportation has provided documentation indicating the driveways or entrance can form to 23 MRSA squiggle 704 any rules adopted under

that section and you will recall that there was an issue with the offset of this subdivision across the street the entrance over toward that property line on that the dot has said that that's that's okay and that's shown in the existing commission plan yes and Calvin was also on the proposing proposed plans in our Public Works director was also okay with this one so this the the entrance to this will go right by Johnny Snell's property correct sure well but he is not part of that sure is not why isn't it shown in the in it right now it goes offset and on the subdivision design plans it

shows that the road the new road is going to go over closer to the timber Oaks property I see it I see yes yes right there yeah okay so I will make a motion then we can have discussion so the proposed subdivision will not create unreasonable highway or Public Road congestion or unsafe conditions psych distance is on hallowall road are adequate in the site intersection offset with Patriot weight does not constitute the safety hazard the roadway survey the subdivision has added capacity to serve the anticipated levels of traveling and all road construction will be the engineering standards of pending one is determined by the town's peer review so I've made the motion a second okay that one second is any discussion yes um we did have a um say distance run on this a while back right so 700 feet it's like a Maya it's flat and straight As It Gets yeah so just maybe

okay so it's already assumed it's part of it okay um and then um should we include like engineering review in this well it says this is the last statement that John just read it will meet the engineering stands of appendix one is determined by the counts period yes okay so if it's in the motion then that's already assumed it's reflecting what's in the record yeah any further discussion um so under traffic the the latter part of this um paragraph says the Department of Transportation has provided documentation indicating that drive the driveways or entrances can conform to blah blah blah so we've talked about entrances to the subdivision but we didn't I don't see driveways listed to each individual a lot and earlier you said that it's up to the homeowner that's correct building that property and is that going to be built into the HOA or and there is a no on the recorded plan that says two things first they have to

put a 15-inch culvert according to the notes on the subdivision plan in every driveway and they have to get a permit from the road commissioner perfect thank you okay any other comments if not we have a motion a second all those in favor raise a hand 4-0 and we're on to suey's disposal

sorry I'm sorry can I bring up something the last traffic thing um are like this right sort of but the proposed plan is this Sim closest close to that as possible so the should that be shown in the current gross man or is that in

screen the design shows so it's still there's they're just not you said completely opposite the tot didn't care one way or another oh we made that change is like honestly okay unless you have the slight distance put it wherever okay okay honestly sadly in hindsight I'm looking at the grading the the area

[Music] sewage waste disposal oh that was very nice no you got the gray part you went to the white yeah [Music] um I make a motion that the provoke proposed something I think oh okay you're right I'm sorry I make a motion that the proposed subdivision will provide for adequate sewage waste disposal soil test pits have been submitted to document that each lot will have a septic system location that meets Maine Wastewater disposal rules without the need for a variance or off-site easement second okay uh any further discussion

I think Allen's working on that for the discussion well this doesn't pertain the easements that we had talked about doesn't pertain to this okay so we have a motion a second all in favor of raise a hand yes for nothing we're on a medicinal Solid Waste disposable Julia I will not cause an unreasonable burden on the municipalities ability to dispose of solid waste of Municipal services are to be utilized

generated by the front post subdivision can be accommodated within the capacity of the town's current Solid Waste Disposal Services second we talked about this early on too yeah um yes okay it's already going to be private therefore it's not going to be accumulated at the end of the entrance right yep okay okay any further discussion that's going to be within the HOA

hand if you approve 4-0 moving on to this this one's for you Allen aesthetic cultural and natural values that does seem to balance it Ally right there isn't it what this does seem right up your alley there aesthetic and cultural natural values you're on a roll don't spoil it Mr Burnham okay yeah

these values will not have a I guess effect on the scenic or natural beauty of the area to select historic sites significant wildlife habitat identified by the department of inland fisheries and wildlife other than reality are rare in Irreplaceable natural areas of any public rights for physical or visual access to the Shoreline okay and we do have a motion the motion wait a second okay

forgive me we'll bear with you have undue adverse effects on Aesthetics cultural and natural values the project limits clearing of trees down there have already been cleared to those areas designated on the plan and maintains a 50-foot vegetative buffer along existing roadways the applicant has consulted with State agencies or historic resources significant wildlife habitat and unique natural areas and available data indicates the absence of such natural and cultural resources on or adjacent to the project site

got a second whole second we have a motion and second discussion um so this one covers Wetlands streams right so I think we should maybe edit it to say applicants consulted with federal state federal and state agencies reference Coral Palmer on this one because it doesn't reference anything does it except for the permit right okay

um I'm not sure that will Haskell reviewed any of these issues for his time but in in that motion says the applicant has consulted with state agencies isn't this covering wetlands and streams no no this is more of the general yeah number ten as well oh I'm sorry okay this is like habitats like infow you're right you're right you're right yeah sorry never mind good question [Music] um so I don't think we need to amend the most uh discussion I do have a comment on this one just a reminder just a reminder the court told you you have to give homeowners a copy of their application and I think record it so pay attention because they're talking about it you have notify if you find any Native American remains or yeah okay okay so that's discussion is complete yeah any other comments on uh taking up Indians any other comments if you're ready to vote approve raise a hand 4-0 moving on to my Conformity with

local ordinances and plans is in conformance with the duly adopted subdivision regulations or ordinance comprehensive plan development plan or The Landings plan if any make in making this determination the planning board maybe interpret these orders and planes motion made by John the proposed subdivision is a performance with requirements of the landing soreness which is consistent with the comprehensive plan the code enforcement officer is conducted especially on the project site determine that there are no current violations Landings on us and that standards of the aquifer Protection District will be met with proposed road construction do we have a second second Alan discussion so I'm assuming this does not need to adhere to the latest land use ordinance the most recent yes it does it does need to comply with that yes okay

grandfathered in because this has an application came in before that was approved correct I would say it's right and there was nothing at the April town meeting that changed the resource Protection District only applied to the mainstream Channel up there is the stream that goes up through Dean Smith's stat feeder into dire depth tributary

that was actually pulled out that was actually pulled out of resource protection just pulled out yeah let's hold discussion there aren't many changes that affect this thank you so we have a motion a second if you're in favor raise a hand for nothing and we're back to Tyler financial and Technical capacity the developer has adequate financial and Technical capacity to meet the standards of this article yeah make the motion that the applicant has demonstrated Financial capacity under Section 6.23 point a by submitting engineering cost estimates for required improvements a conditional agreement per section 6.34.c will require the completion of all project infrastructure prior to sale of loss or issuance of building permits until performance guarantee is approved by the board the applicant has demonstrated adequate technical capacity under Section 6.23.b through the submission of technical drawings and studies that have

been peer-reviewed and through the provision of an inspection escrow fund to verify satisfactory completion of the project improvements which is the condition of final approval second discussion I will start that off the condition of provision about

letting them come in and take parts of if they don't finish that is at the end well so I'll kind of include that sentence you get right there we will require the completion of all project infrastructure prior to the sale of lots of issues of brilliant prints and Teleperformance guarantees approved by the board so that that is the note I'm going to add to the plan right yeah and that that'll take care of this draft condition number five yeah

which one do we want him to put on the appointment number five yeah from the Oh okay that's what he read was that okay okay yep if we approve it okay so motion has been made and seconded any further discussion if not please raise a hand to approve

and we're on to surface water that is yours and I think you that's what you want to talk about with weapons as well oh yeah [Music] with Pond or lake or within 250 feet of any Wetland the Great Pond or river as defined in 30 MRSA 435 490 will not

adversely the quality of such body of water or unreasonably affect the shoreline of such bodies water [Music] that the proposed subdivision is not located within the Watershed of runaround Pond and is not located on properties subject to mandatory's Shoreline zoning construction of the new stream Crossing and removal of the existing stream Crossing have been approved by the main DP and Army Corps of Engineers the storm water treatment facilities have been moved away from the stream in accordance with DP standards we have a motion do we have a second well second Tyler's the second discussion please so just I would add a couple of

you already did the permit sorry uh goral Palmer's review they did they did not appear review this part of it we're on surface waters yeah they kind of did they noted they were the ones who told me to add the adjacent to the wetlands thing but I guess no because during the in the part of the preliminary approval process was that you were not going to request a peer review of The Stream Crossing because you're going to rely on these okay yeah okay I know they did mention things about the permit yes he did he mentioned like the short the window of wall water is a requirement that was just an advisory note okay and that was more stormwater anyway so yes any I'm sorry any further discussion seeing none raise your hand if you're in favor four zero number 11 is groundwater well not alone already in conjunction with existing activities adversely affect the quality are quantity of groundwater that's very similar to uh

yeah it is motion is septic systems will be required to meet the main subsurface sub Wastewater disposal rules and wells will be required to meet State rules of well drilling including the wells inclusion zones on each light is shown on the subdivision plan they are not there are no documented problems with obtaining an adequate supply of portable water in the project area and the density of the proposed development and the projected household water consumption do not raise concerns for the effect of groundwater withdrawals second I will say Tyler a second discussion uh

yep so yeah are you back to one of your comments earlier John about potential well exclusion Zone which would potentially be removed and should it be the actual well potential is more reference to they we're not saying that's exactly where the well is going to go it's kind of it's exclusions on the exclusion zone is that 50 feet around the well um where that well is going to be located the same with the septics like those septics are conceptual locations for where that stuff is going to be it can be moved a little bit depending on how like when they come in for their building permit so my understanding is that those proposed or okay so it's proposed if that if that's where the wall goes if it goes here

because that answer the question Frank yeah any other discussion seeing none uh raise your hand please for approval um [Laughter] keeping it moving I am on flood areas based on the Federal Emergency Management agency's flood boundary and floodway maps and flood insurance rate maps and the information presented by the applicant determined was presented by the applicant determine whether the subdivision is a floodplown area if the subdivision or any part of it is in such an area the application your flood elevation flood Hazard boundaries within the subdivision the proposed subdivision or project plan must include a condition of plan approval prohibiting the construction of any dwellings or other structures except for Access roads and essential utilities within the 100 year flood plane and my motion for that it's a whole lot simpler uh no development is proposed within areas mapped as being flood Brown second we

have a motion and a second discussion uh reference the provided in FEMA yeah so oh yeah and it's actually the plane the little part of the screen that is yeah discussion for everybody else saying none uh please raise your hand vote to approve [Music] Tyler back to you not want to make a motion even though say no but this is an easy one time right oh yeah you got to see my voice freshwater wetlands all freshwater wetlands within the proposed subdivision have been identified on maps submitted as part of the application regardless of the size of these wetlands I make the motion that all freshwater wetlands within the proposed subdivision have been mapped by qualified professionals exactly motion and second any discussion

vote to approve we're on wetlands sorry um just to add the delineation that was done right that's what it says it has been identified on map submitted as part of the uh okay further discussion to approve 4-0 uh uh Juliet farmland

okay Farmland all Farmland a five or more Acres that is the farm production of five or more Acres of prime Farmland soil or soil classified as unique Farmland a Farmland of state or local importance has been identified on the maps submitted as part of the application and I make the motion that there is no active Farmland nor Prime farm land of five or more Acres within the project Ile a little second any discussion seeing none raise your hands unanimous moving on to number 15 is River streams or Brook many River stream of broke Within are about at the proposed subdivision has been identified on maps submitted as part of the application for purposes of this section quote unquote River stream R Brook has the same meaning as in

38 MRSA squiggle for a dash B dot nine emotion all strains meeting the definition of a regulated stream under the natural resource protection act have have been identified on maps by the applicant an appropriate stream barriers are shown on the subdivision plan

discussion uh we vote to approve please raise a hand 4-0 a storm water the number 16 the proposed subdivision will provide for adequate storm water management uh per section 5.28 B the applicant has submitted a stormwater storm water measurement plan being the requirements of death regulations and the storm storm water management plan has been per year reviewed is our second I will second Tyler has seconded okay open the discussion is there currently a conditioned George that references the impermeable barrier referenced by Carl Palmer where he said they're going to follow the Palmer's engineering recommendation which is the concrete or pressure treated lumber in the I think we would probably put that into the amended amended frying motion

with Will that that seems like a cement I do truly believe that that was a no confusion because I've never put a pressure tree and I've had the dep review a dozen of these we're going to stop yeah if you want to do that you will stop here no no I'm not saying I'm not saying so tonight either yes or no and you you would originally agreed to do this oh okay okay sure yeah yeah right sorry yeah you would amend this

motion I will amend the motion to say Will Follow the recommendation by Laurel Palmer on their letter dated March 1 2023 part of the conditions correct okay per section 5.28 B the background is a submitted stormwater management plan meeting for a Congress of dep regulations and storm water management plan the applian is agreed to follow the

recommendations made by Oral Palmer on their March 1 2023. okay move second and uh I guess I need a second on that second any just further discussion zero good cash uh Tyler back to you for spaghetti Lots it looks like spaghetti loss prohibited if any Lots in the proposed subdivision have short Frontage on a river stream Brook Great Pond that these features are just find in 38 MRSA section 480-b none of the

Lots created within the subdivision have a lot depth to shore fronted ratio greater than five to one make the motion that no loss proposed within an area regulated by mandatory Shoreline zoning that would violate the spaghetti lot rule section second will be moved and second is any discussion seeing none raise your hand if you approve okay uh Juliet we're on a great Pond phosphorus concentration all right great con post Ure term cumulative effects of the proposed subdivision will not unreasonably increase great ponds phosphorus concentration during the construction phase and life of the subdivision

the Watershed of runaround Pond which is one if not for the only great one yeah a second Tyler seconds moved in second any discussion see none please raise your hand if you approve number 19 impact on a journey joining and disparities a very proposed subdivision that crisis Municipal boundaries the proposed subdivision will not cause unreasonable traffic congestion aren't like unsafe conditions with respect to the use of existing public ways in an enjoying municipality in which part of the subdivision is located in motion the motion is the proposed residential subdivision will not generate levels of traffic will cause unreasonable traffic congestion within Durham on adjacent to municipality so I'm about to drag this out but do we really need to even say anything since it doesn't cost it doesn't but what we have addressed well theoretically you could have big big projects right that could affect

so that's just something you could be honest it's a state Criterion for sure but I think this project itself the notion is it's not Crossing to municipalities right so well the traffic could cross you're making a decision that this is not going to traffic problems

it moving and all those are favorite please approved who was the second who did the second John oh I did I'm sorry second but yeah if I didn't subject to liquidation harvesting the Timber on the track being subdivided has not been harvested in violation rules of Dodge person 2 12 MRSA

MRSA squiggle 8869.14 my motion is the applicant has submitted certification by a life enforcer that Timber harvesting on the site was conducted in compliance with Maine forestry management rules second isn't any additional Timber to be harvested is there there is it's pretty scarcity out there yeah okay yeah any other discussion I did do my very best to put the road in the Logging Road location okay the exactly a motion in a second uh

any other discussion please raise your hand to approve for zero it is approved we move on to Cluster subdivision approval uh so forth and we're into I guess we've got somebody Tyler please read that whole thing the purpose of clustering the purpose of clustering the purpose of these Provisions is to allow for flexibility in the design of subdivisions to allow for the creation of open space which provides recreational opportunities or protects important natural features from the adverse effects of development provided that the net residential density shall be no greater than is permitted in The District in which the development is proposed notwithstanding provisions of article 4 relating to dimensional requirements the board in reviewing and approving proposed residential subdivisions May modify the provisions related to the conventional requirements flexibility and approaches to housing and environmental design in accordance

with the following guidelines this shall not be construed as granting variances to relieve hardship and action of the zoning board of appeals shall not be required and make the motion that the proposed subdivision meets the intent of clustering lots to allow for creation of open space to provide recreational opportunities and to protect important natural features and complies with the density limitations and design standards for cluster sub-developments of section 6.33.b I have a motion is there a second seconded by analog is there any discussion

Open Space versus lot sizes and all those other kinds of things so I think we've documented that well so if no further discussion a vote to approve Raise Your Right any hand 4-0 and we move on to final ready to move on to final application today and so at what point in time I guess the the conditions of uh part of this motion yes and what I

would suggest is somebody go ahead and make the motion and then under discussion we can review those draft conditions and then amend them as we've discussed tonight and then make then you make your vote once you're satisfied I will go ahead and read all this stuff decision on final plan application within 30 days for the public hearing or within 60 days of determining complete application was received if no hearings held or within another time limit as maybe otherwise mutually agreed by the board the applicant abortion will make findings of fact and conclusions relative to the criteria for approval of contained in 30-amrsa squiggle 4404 and the standards of these regulations if the board by a majority vote finds that all criteria the statute and the standards of these regulations have been met they shall approve the final plan if by majority board finds that any individual criteria the state of performance standard

s the regulations have not been met the board shall we've denied the application or approved the replication with conditions to ensure all those standards will be met by the subdivision the reasons for any condition shall be stated in the records of the board okay so my motion would be to approve the final subdivision application with the following conditions approval and I will read these and get a second oh yes yes the motion second [Music] right well then you'll discuss it and then you'll vote okay and then we'll probably have to admit that because this doesn't improve so okay um give you guys a breather I'll read these nice I was in the volunteer too I was ready okay go ahead verse six first section 6.1 zero point e recording plan must be recorded yes within 90 days of the planning board signing payers recorded within that time frame will require resubmission reapproval of final plan for Section

6.10 Point G no changes the ratios modifications oral revision shall be made at less than a minute plan is submitted for the section of per terms of section 6.11 per section 6.10. I the applicant shall convince construction required improvements within 12 months and shall substantially complete set improvements within 36 months the applicant shall we maintain a performance guidance guarantee for any remaining required improvements throughout the construction period and per section one two point a at least five days prior to the startup instruction you have to get you'll notify the road commissioner writing of the time of construction commencement so the town can arrange for inspections engineer for section 6.34. c the planning board approves a conditional agreement that requires a completion of all project infrastructure prior to sales lots of issues of building so after getting ready to return the

planning board at any point in the construction to seek approval performance guarantee for remaining improvements to a lot to allow Lot Sale and building permit issues a performance guarantee guarantee shall be shall be causing erosion and settlement controls on sites dead waste stabilization Pro section 6.34 F prior to release of the performance guarantee or any proportion of the road the road commissioner or their designate shall determined to provide written certification the planning board that all improvements have been constructed in the conformance of the final plan and all applicable codes and ordinances partial drawdowns will be allowed this approval condition be added so we added as a note on the reported subdivision plan first section 6.34 point B no lot in the subdivision may be sold leased or otherwise contained conveyed until the street leading up to along the footage of satellite is constructed unless a

performance guarantee has been approved and the fire chief has provided written verification that said Road and lot are accessible by emergency vehicles per section 6.6 Point c and 6.34 e prior to release of the recording plan the applications shall replenish the peer review escrow fund to cover the cost of all peer review Services incurred by the town and a deposited check for two percent of the engineers construction cost estimate but pay for the cost of tone inspection of the project improvements by qualified engineer prior to the issues of any certificate of occupancy the proposed Trail shall be fully constructed the planning board approval of deer Deer Creek Crossing subdivision is contingent upon the adoption of an appliance with the draft Homeowner Association legal documents submitted by the applicant on November 22 2022. the planning board approval of Deer Creek subdivision is contingent upon the removal of the

existing unpermitted steam stream Crossing and compliance of all necessary States Federal permitting requirements for stream restoration an easement for the storm water treatment Basin on the land of be retained by Dean Smith shall be added to the subdivision plan okay now I think we're open for discussion so what George if you kept track I guess we'll start the discussion with uh anything that should be added that we [Music] yeah I've just been going through those notes that I made when you were having the discussion uh we the only one that hasn't that address that I think you should add number 12 is the applicant shall submit uh the applicant shall

submit all documentation the dep engineer General permits as well as a grading plan and those other items that we talked about he references yeah I forwarded you the I forwarded it to you already but I'll own Corps of Engineers permitting just so you have it as part of the public record and I'm curious to see what Heather says about the stream cross I mentioned her that we were removing the other one so I don't know if we're I'm gonna need anything else from them or not and they're removal um hold up what um he's talking about the removal stuff but you already included that in your yes so the easement for uh Dean Smith being added to the points number 11. doesn't that also have to be added to his

recording it has to be added to his deed too I think there has to be uh your attitude separate easement that is recorded separately because if he ever sells his property there that easement has should certainly be added to it because the reason I say that is I live at the end of a dead end Road and there was an easement added to a turnaround by the town where easement was added to our deed you even drafted those final documented for the indeed for Dean who is that sale complete uh

I think we include the whole stuff search wouldn't find if they would unless we Smith want to sign it yeah it's not this is not going to show up on its title search may have something we've missed number three it talks about the last sentence that is guarantee for any remaining required improvements throughout the construction period and then we've got the condition of how they might do what they're going to do without instead of a performance guarantee okay so they are going to under number five submit a performance guarantee for the full cost of erosion and sedimentation controls and site stabilization so they are at least going to have that during the entire uh turn if and when they come back and

request an amended approval of these conditions to remove the restriction on lot sales they'll either have it all done or they will be putting up a performance guarantee for the remaining construction improvements those both have to remain in effect until they complete the project that's what number does that come all the way back to the planning board it's like when we say hey we want to get we're going to if you guarantee the pavement if you want to remove the restrictions okay if you complete everything sure and get the growth commissioner to certify the employment I anticipate they'll try to save the surface pavement right they'll come back and say we're going to keep that we're a bit of performance guaranteeing for the surface yeah but they're going to Juliet's point I I am confused on that because it does you have to start within 12 then 36. the application maintaining performance guarantee for any remain is that after

the I did not sure where that remaining kicks in well again if they have improvements that have not been completed they have to have a performance guarantee in effect for that okay what we're see normally we'll come back normally you wouldn't have this conditional approval

in the form of irrevocable letter of credit right so that the only part confusing part of this is the conditional agreement because they're saying we're not going to put up a performance gear guarantee for the instruction construction so if you're not you can't keep it in effect for the remaining improvements if you don't do it okay so three and five go together three and five go together correct okay all right we had we had talked about an easement for access to the town to access that fire pond uh it isn't in any documentation where well I think just based on my experience the fact that on the plan there's a recorded easement by virtue of the subdivision plan it doesn't specify all the terms of that but unless they limit the town's right then down can do whatever it wants on as long as it's for the purpose of these record

okay so was there are there any other things to take a second here before we take this final vote for your name is there any other we had all we also had talked about a lot six and seven about the grading plan and found the reference to that too you did yeah okay okay good

and Allen was a good memory does but not necessarily me are there any others you are there any other anything else competition or I guess the next question is you guys do you agree to those conditions okay um sorry two little things here um number 11 and number 12 that we added um we don't talk about when all of the others say you know contingent upon or prior to or

for those two who don't I think you mentioned us final plan set for us to sign we should have everything and we'll sign it and we talked about having this done by Monday so we could you know all the changes up to the board and the spillway um all that stuff if you can't we do have another meeting it's advertised I guess we have to continue this meeting no we said as a condition now yeah we would send a condition that said yeah if you give your approval tonight that will be the end of it other than them bringing in the plan for you to sign with the corrections and at that point in time you could look at it they should submit a letter with that stating here's what we've changed and we've met all of these conditions for getting the plan signed because the only ones that are of concern for next Monday night would be 12. the changes that they have to make to the plan right and that's and that's essentially the note

because if I'm understanding correct is what we're saying as far as that Spillway is concerned is we're just going to build the way that that that memo said I mean this level has the detail on it so we're gonna say we're going to build it like that yeah so I'm not going to change the plan I'm just going to say we're building it like that yep and so all I'm going to do is

saying I'm not we're just going to follow that yeah we're going to go with that detail and then I'm going to say I'm going to put this note about the performance guarantee on there and the easement's already on there I just didn't give you guys the newest one but there's like right now we don't know if we have the lot six or seven grading plan you have that okay we're sure what you don't have is the the full correspondence of what I sent to the Army Corps so I forward that email to George earlier and I'll send you the dep one also everything I've sent to them which is more of an online portal thing so actually no no send it to make it easier so and um the note about uh you're gonna put you some paragraph five on the planet so we would need to see that yes

I'll just ask it for them if if we approve this tonight can they can they go ahead and start tomorrow or whatever I don't know what they're going to start but do we need to see all this stuff I will not be officially approved until you sign that plan right so it'll be Monday so if we do if you have it on Monday is the recording it won't be until August yeah once they sign it it's done officially okay then you have to record it within nine days okay gotcha all right so Alan made a good point which is if you miss Monday it's August whatever yeah five times Wednesday now so you know we okay so if we approve it now we don't need to compete this meeting uh continue the meeting tonight if you don't make a decision tonight okay so I guess we've reached the point of uh okay so I guess I need to read these yes I don't either you know just number 12. yep uh did any of the others change yes 11 and 12. I'll tell you what you've

changed which could be included would you just read 11 years yeah please so 11 would be [Music] treatment Basin on the land to be retained by Dean Smith shall be added to the subdivision plan and included in any deed of transfer 12 the applicant shall submit all documentation related to the dep and army Corp permitting okay so just from Mike left data transferred have you somebody already is Mr Smith already sold this land no they haven't purchased since so you have to do that so when you purchase it his new deed will have that okay reserving of him transferring our subdivision plot will essentially be attached to you I guess okay I am in my motion to be what George just read off and I guess I need a second on the amendment second okay excuse me uh Motion in a second are we ready to vote any other further discussion okay if you are in favor of approving this uh final plan application please raise

your hand 4-0 thanks guys yeah oh I'm coming back we've got Bowie Hill round two coming up is that real yeah don't threaten me with a good time yeah yeah buddy no Wetlands it should that one should be all right get the hell out of here

remind everybody what we have we're talking about the uh the latest articles I have uh George and I have talked to all the separate uh committees I think we have at least their tentative approval to pick up certain pieces we'll talk about those in detail on Monday so um enjoy to assume you'll put out I guess you did put out enough information that people's going I have a packet that's going to go well just as soon as I get done in here okay I just want to make sure you're going forward to meeting before I sent good we are can we pick it up is it ready to pick up now or yeah okay so look for that packet and so I need a motion to adjourn so second second second all right move second and raise your right hand any hand to approve the unanimous George thank you very much I know that and um Brian look forward to he's more than likely I will talk to the selectman and the town manager and you whatever the hell we are full-time

member