TranscriptFebruary 3, 2021 ~ Historic District Commission

meeting to order. Um, and I don't I don't know if folks saw the agenda or not. I don't think it got sent around by email, but it is on the website. Um, the first item that we have on the agenda is the Granite Hill Farm subdivision. And um hopefully Bob can help me because I'm going to get some things wrong. But Granite Hill Farm Bob, do you know what date that was approved?

Um it was October 3 years prior to last year. So it would been 17 2017. Okay. Yeah. So this is a subdivision that was approved um more than three years ago. Uh it's off of sort of off of Bowie Hill, I think. And the owner passed away. The

the developer passed away and it has since been three years since the approval and the subdivision's not complete. The infrastructure is not complete. I believe one um one lot has been sold out of it. Is that right, Bob?

Yes, it is. And that is that built on? It's already built and it is on um Granite Farmhill Road. Okay. At the very end of it after Okay. So um but the infrastructure was never completed. The owner died and they're now trying to sell it. And so we have this provision in our ordinance and that's 6.10 10 I and it says time limit for completion of subdivision improvements and it says except in the case of a phase development plan failure to start construction of required improvements within 12 months or to complete construction of the subdivision's infrastructure improvements within 36 months of the date of approval and signing of the plan shall render the plan in violation of the regulations. Upon determining that a subdivision's approval has expired under this paragraph, the board shall have a notice placed in the registry of deeds to that effect. A notice of developer default shall be recorded stating that no

development permits for unsold lots will be issued by the town until application has been made for reapproval of the subdivision and the planning board grant such approval. Completion of a subdivision does not require sale of lots or construction of homes on lots. So Kathy um Kathy and I worked on a letter to the um to the PR the the

personal representative of the estate of the former owner of the developer as well as to the realtor listing it. She told me that went out uh towards the I think she said January 22nd. Bob, have you heard anything from them?

No, I haven't. Okay. Um, and basically that letter just invited them here tonight to talk to us about why we shouldn't record a deed or why they think it's done or or anything else. And and I don't see anyone for them. Is there anyone representing Granite Hill Farm subdivision here tonight?

tonight is to make a finding that the subdivision has not been completed, if we're all comfortable with it, of course, to make a finding that the subdivision has not been completed within 36 months, that the approval has expired, and um voting that we will

record a statement in accordance with the ordinance in the registry to that effect. So, does anyone have any questions or thoughts or questions for Bob? Bob's been out there. Um, yeah, just um clarification. So, one of the lots is done or is there a house built on one already?

Yes. And a beautiful house at that. Yeah. Is anyone living in there or no? Yes. Okay. Okay. So, this is almost like Allen's um in Gary Springer's lot that was sold in the subdivision. I remember this application. Um so, what would that do, Ann, to to that homeowner? Would that do anything to that homeowner? like

so I don't I don't think it does anything to that homeowner because the notice we're going to be recording just says um no development permits for unsold lots will be issued by the town until application has been made for reapproval. So I think that house is fine. Um they may or may not have their own claims against the developer and the estate but that's that's nothing we need to get involved in.

Okay. But if whoever buys that property subsequently, they'll need to come back through subdivision approval. What would that look like if they do come back to us? Um, would that be a another review as to Yep. I mean, I'm guessing they'll probably use most of the same materials. Um there was an issue where a um close neighbor not in a better uh was not notified because they weren't in a better and and have taken an interest in this. There was some significant confusion over the status of the road. We got an opinion from our attorney, but I expect when this comes back, we will have more attorney opinions to consider. Um so it's not going to be clean. I don't expect it to be clean when it does come back, but I think it it does need

Yeah. And the limit is 12 months, right? Or let's see required to start construction improvements within 12 months or to complete construction within 36 months. Right. Okay. So, so 36 months that that has passed. Yeah. The lot that is occupied, right? the home that is occupied, is that the first lot going into the subdivision?

Yes. And what and one of my questions would be um are you going to label that lot one or are we going to try to figure out how to avoid what Gary Springer went through? Well, I I would think that I would think that that current home homeowner would be concerned about and I think we would too if somebody's going to open this back up is about maintenance of the road to that house. Well, to his house, he's okay with that. But the bigger question is, does that become a back lot if you take all the lines out? and can they use that road

that's halfade to access their backlog? But I don't know if that's for you to decide right now or not. Um yeah, I think it's not for us to decide right now. And I think that homeowner probably has some issues with the developer

that do not involve us. But Exactly. I'm just I'm just looking ahead think thinking that if somebody purchased this and they want to subdivide it, what other problems we could arise, but we don't have to worry about that now. Well, the the one issue that did arise from the last one is because the power line was there, um none of the abutters that were below the power line were notified because they're not technically an abutter because of the power line and

that's right. Yep. Interesting. going to be pretty if whoever buys this wants to either move forward with the same subdivision or new subdivision. comments? So, that the the lot that has a house on it is kind of a registered lot in Durham now.

Oh, yeah. They've been there probably two years. Okay. And and like I said, he is on he borders the corner of Gran Hill Farm Road and the new road that he put in. So he does have frontage on Granite Farmhill Road. you're looking at submitting whomever the personal rep is sending the letter to them. Should we also CC that that homeowner?

I don't know if it would affect him. I mean, we certainly can. Yeah. But at least it it upstates him that party as to so that they know what is going on. Yeah. [clears throat] No, I've spoken with him and he's um you know he's concerned about what's going to happen and what's going to happen inside there if they dissolve it and

well become open space. Well, it would I would consider it a back lot at this point because they have the 50 right away. Yeah. Is that lot big enough to be considered a back lot back there, Bob? Yes, it is. Yeah. Yeah. It's 16 or some odd acres or it might be more than that. Um but then again, if the if the ordinance changes one back lot per parcel, so

they would have to go through subdivision to build more than one house back there. letter is the way that we need to proceed with this. questions or comments or thoughts, otherwise I'm going to make a motion like two motions. So my first motion is I move to find that Granite Hill subdivision has not Is that the name of it? Granite Hill Farm.

Granite Hill Farm. Yep. Because the name of the subdivision is different than the name of the road, right? Let me make sure I get this right. Sorry. Farm subdivision, but I don't have a paperwork in front of me. Okay, that's how we have it in our agenda. So, I think that's right. All right. So, I move to find that Granite Hill Farm subdivision has not completed construction of the subdivision's infrastructure improvements within 36 months of the date of approval and signing of the plan. And the plan is in violation of the Durham zoning ordinance. The roads and other impro approved infrastructure have only been minimally begun and have not been completed. So that's my first motion. Can I have a second?

Second. Okay. call. Um Alan, yes. Ron, yes. Wes, yes. Juliet. Yes. And I am a yes. I am going to move Let me find my ordinance. Where'd it go? I am going to move that the planning board record a notice in the Androskagen County Registry of Deeds stating that the plan is in violation of the Durham zoning ordinance. um and the developer has defaulted under the plan and that no development permits for unsold lots will be issued by the town until application has been made for reapproval of the subdivision and the planning board grant such approval. That is my motion. Um can I have a second?

Second. Was that Alan? Yes. Sorry, I'm trying to type. yes. Ron, yes. Wes, yes. And Juliet, yes. Okay. Um, I will work with Kathy to have something drafted up and filed in the registry and we will send it to um the PR, the owner of the existing lot and um

have it recorded in the registry. Oh, and maybe the the realtor as well. Is there anything else on this before we wind this one up? Okay. All right. On to our second one. So, this is a Royalsboro Road subdivision and I see we have a few folks here for that. It looks like who is going to present on this application?

Hi there. I'm going to be presenting. Um, I have a plan that I can share on my screen if that's acceptable. Yeah, that sounds great. Are you able to share? sharing. All right. Let me I think I can make you a co-host. Okay.

Nope, I can't. Tammy, can you figure out how to allow her to share? Yeah. And in the meantime, could you just state your name and your address for records? Uh, yep. My name is Adrienne Fine. I'm a civil engineer at Terodine Consultants. Um we have two offices um located in Portland and at Pineland Farms in New Gloucester.

do that. plan? Yep. All right. So, like I said, my name is Adrian. I'm a civil engineer. I'll be representing the Royalsboro Road subdivision tonight. Um, this project is located at 1334 Royalsboro Road, which is on the eastern side of the road, and the parent parcel is about 34 acres. um on this plan that's shown in the the white outline

and the yellow. So this whole thing the current owner is going to retain approximately 18 acres and they're selling approximately 16 acres to the developer. So this area in the bold yellow line will be the subdivision. We've been calling it the um subdivision lot just for ease of clarification.

And the developers are um Vottor LLC. Some of them are on the meeting tonight as well. And the only area that will be owned by them and proposed for this subdivision is this 16 acres within the yellow uh property line. This will be retained by the owner and is not part of the development. So the entire parcel actually was

surveyed by Wayne T. Wood and Co. and wetlands were delineated by Mark Censey Geologic. Um the only extent of wetlands on the actual subdivision lot are some small pockets of forested wetlands on the backs of these lots. Um, this low-lying area with some larger wetlands will remain the current owner's property, so not part of the development. The development site is mostly forested and there is a small field towards the road and the site gradually slopes up from Royalsboro Road and the soils out here are generally sandy lom soils. um and storm water runoff today um drains towards these wetlands.

I'm going to go to a second plan that is just zoomed in on the development area. Otherwise, it's the same plan. So, this is the proposed subdivision. It's a six lot subdivision and it'll be on an 853 foot long private way within a 50ft right ofway. The road

will be 20 ft wide paved with two foot shoulders to meet the town's ordinance requirements. Um the lots are all at least 2 acres in size. So, this meets like the standard subdivision requirements from the ordinance and building envelopes are all at least an acre to an acre and a half in size.

Uh those wetland areas that I mentioned earlier um are on the perimeter of the site and won't need to be impacted to develop the road. And we're proposing that the right of way will extend uh all the way to the back of the property uh for frontage, but we're proposing to stop the road sooner to protect some wetlands uh back in this area of the site. And each lot will have its own individual septic system and well, and we are proposing to have underground electric run within the roadway. And the road will have um some roadside ditches for storm water runoff. And the white areas that are kind of cross-hatched here are areas we've set aside for storm water buffers. We're proposing to manage storm water um in those areas with forested and meadow buffers. So with that, we would welcome any planning board feedback.

extend a little further so lot four could have a driveway right off the road continue up the rightway and then into there driveway off the side of the road here we extended it far enough for that um But we can, you know, fine-tune that with the developer to make sure there's enough length.

questions. Sure. Um, uh, wondering are there going to be any impacts at all to wetlands or are we staying out of them? We're staying out of the wetlands. Okay. Um and the wetland delination when was that conducted? That wased in 2019.

was just written last month. Is that that right? Yes. And he's been back out to the site a few times. Um but the full investigation where we also met with D was in 2019. Okay, that makes more sense. I was gonna say January wetland delineation. I mean, we haven't had much snow, but still, [laughter]

they do happen, but this was summer. Okay. And there was one potential vernal pool found, but um it was found to not be significant. Is that right? Yeah. in in his um report he said that that was found to not be significant. So no longer

that do we where was that? To your right. Okay. It wasn't to the right. it wasn't significant because of the size. make a vernal pool significant and um those are things have to assess at a certain time of year in April and May. Um which was done and he found that it was it didn't meet those.

Okay. Yeah. So he looked in May then at the pool. Yeah, in April or May. Okay. road is being proposed off of 136 or Royal, is that the same location where there's a for sale sign on the No. Um it's just it's up the hill more and that's a good point. So that for sale sign and that kind of little drive into the site is more down here which is

lower on this hill. Um we both myself and the surveyor took some sight distance measurements. Um and this area is closer to the top of that hill and has sufficient sight distance. Um, so it is a different location than where that sign is.

Okay. Okay. And, um, at what point are you guys going to try and get a DOT permit? Because I'm still a little I'm glad you looked at site distance, but I'm still a little skeptical about that. Yeah, I believe the so the seller of this property um received a DOT permit for this location. I need need to get that documentation um and reach back out to DOT to confirm that.

Okay, that would be great to see if we could have a copy of that. Yeah, definitely. We'll make sure to submit that. Okay. So, you're saying it's a little um a little more to the north, right? No, south. South where the for sale sign is currently.

The road will be south of where the for sale sign is currently. Yes. Okay, great. I think that's all my questions for now. I am right away that's extending beyond. Is that just for the frontage of those last two lots or is that for future access to

It's just for frontage and then um it could be used to access if we do have any storm water management back here as well. Um, our plan is to hopefully do all the storm water management we need in these three locations. So, we don't need to do anything back here. Um, but there could be access to the storm water area if needed. But otherwise, it's just for frontage.

Okay. Uh the road will be managed by a home. the association if it's a private way. Okay. I mean it could be either way. Sometimes the developers retain it. It's just one thing to think about and Okay. Yeah. I'll settle on before you

I'll let them chime in if they feel differently or we can clarify that at another meeting. Yep. And and really just I should have said this. First of all, this is our first site plan um your sketch plan subdivision. So, we're figuring out just like you are. But the purpose of this is really for us to highlight any big problems that we see, ask any questions that we have right now. Um, and then after this, because what we were finding is once we got into the subdivision, people had already spent a ton of money on engineering and design and everything else. And once we started going through and catching issues, um, developers felt like they were already so invested in their design that they weren't willing to make changes planning board needed. So hopefully this is to flag any issues that we have, any concerns that we have up front, um, ask any questions of you, flag issues that that may trip us up.

And that's just one of them. I find sometimes people don't think about ownership of the road. Um, you know, we do want to see the the association documents and things like that. So, if the ownership of the road and also this um I I guess that little triangle at the back is is going to be common land, I'm assuming. Um, who's going to own that?

Yeah. If if that's needed for storm water, um then it would remain probably some sort of common land. If we find that we don't need that area, um the developers may choose to put it into one of the lots instead. Okay. So that that um property line might go

away. Gotcha. Shouldn't this is Allen. Shouldn't that when we're looking at that back section, shouldn't that already have been analyzed and know whether any storm wanted drainage would have to be installed or not at this prior to this?

Well, this is like Ann said, a sketch plan. So, we've done some rough assessments of storm water and slopes and soils and know that we are going to be able to treat storm water, but we haven't done a detailed design and spent extensive engineering on it yet. So, we're reserving that area just in case, but we expect that we won't actually need it.

Okay. So Alan, the next phase in this is a more complete submission and that's their preliminary plan and that's when we'd start to really they have 12 months to file it within um the date of today's date and then that's where they provide a lot of the more technical stuff and the the DOT stuff that Juliet asked for and the various other state approvals or sign offs um and soil testing and things like that that we would need to make the decision.

So if you have concerns about that triangle one way or the other, we should definitely talk about that. Right. Uh you had also mentioned that each individual lot would have their own septic and water supply. Uh I guess my

concern is is there an aquifer there and I imagine all these would be artisian wells. Correct. wells the the developer is planning yet, but um that's something that we're working with the soil scientist on is both the well and the septic

because I I know in in previous subdivisions, actually one that was near my home in Durham, that one [clears throat] of our concerns being in the neighborhood of that subdivision was the impact of artisian wells on the the neighbor ing uh lots. Just something to be thinking about.

Yep. the little um the house directly between too little for me. Lot six and the road. Is that Yeah, that one. Yep. Is that multiple homes? Is that What is that? Um, I'm not sure. I believe it's [laughter] just the single family lot.

Yeah, I believe that's a single Yeah. And the big Yeah, like a colonial style. Gotcha. Yeah. Okay. Um so one thing I will tell you and this is we get um neighbors who frequently are concerned about, you know, they've been surrounded by woods for years and years and now they're concerned about a subdivision going in right behind them. Um things that go a long way to helping are to include a vegetative buffer. I'm not saying it's required, but it um it often helps. So on that lot

six, you might want to consider I mean you've got it looks like you've got plenty there for a building envelope. Um you might want to block out think about blocking out a vegetative buffer there between that lot and the neighbors. Um, and we find that goes a long way to neighbors who are who are now going to have a house in their backyard instead of acres of woodland. So, um, something to think about when you're designing this.

Yeah, it's good advice. Thank you. Yeah. Yep. [laughter] things. I think you mentioned that you're working with soils um guys, girls. Um, so will you be getting an idea of probably not water yield but maybe depth to water in this area. So thinking about the wells, thinking of what was just talking about.

Yeah. So what the soil scientists will do is do some test pit investigations for uh septic and storm water. And that can also help guide um some decisions about wells and knowledge about wells. And they also have um access to

state resources that they can interpret and understand that will help to understand water availability and depth. And if there are concerns or red flags, they would do a test um that's deeper to find water. Yeah, I think it's hard to understand the yield. You know, as a homeowner myself, I've had issues with my well. I live pretty close to this location, but I I think it's hard to identify the yield even just by soils testing. But board um number 11 in our in our ordinance we talk about the groundwater um not have adversely affecting the quality or quantity of groundwater. I think that's a hard hard thing to measure the the quantity anyways.

So kind of just a talking point really. Yeah. That's something we can h talk to the soil scientist about. Yeah, because I'm sure that, you know, the developers don't want to have lots that are difficult for future homeowners either. So, it's a good thing for everyone to look at.

Right. And then another question I have for you, um, have you guys reached out to any agencies about RTE or rare threatened endangered species yet or do you plan to? We haven't yet, but we will as part of um our discussions with D. Um

you know, we've had some preliminary conversations with D, but we will reach out to the state agencies about for species. Um Okay. But that hasn't happened yet. We'd like to hear about that when you when you do that. Yep. We can provide that letter.

Okay. Thank you. Oh. Oh, one last thing. This is not This is not in a flood zone, right? I didn't look yet, but No, it's not. No. vegetated buffer as you would mention, what kind of what would that would that be a like some common land that would be deed to stay vegetated or

um We've seen it both ways. We've seen it as either common land that's maintained that way or we've seen it basically as a a restriction on the homeowner from development in that area. Okay. Yep. And it it gets drawn right onto the plan that it it has to be maintained as a vegetative buffer.

Yep. Yeah. It looks like the that area is already vegetated. The the butter is cleared right to the lot. It looks like lot line but right the um but the lot six is completely vegetated right now. Yep. And how about the road in?

that? Well, it may be, you know, they may not want to see traffic going up the road. I don't know. Yeah. I mean, so I always recommend that people reach out to those around them and talk to them before submitting a final plan to us. And sometimes little things will go a long way to helping the neighbors be comfortable with a new development in their backyard. Sometimes it won't. Um, but we'll hear about it if they're unhappy as we should and we'll take it into consideration in our discussions as much as we can. Um, so that's always a good that's just a practical life tip. Uh, you know, reach out to the neighbors and see if if they have any concerns upfront. Um, and if there's anything minor that you can do to to help mitigate those concerns, that's always goes a long way to speeding things along and frankly making it so that you don't have angry neighbors forever moving forward. Um, so yeah. No,

that's a good point, Bob, because we [snorts] don't like angry neighbors. We don't That's how things wind up on Bob's desk. Yes, that's correct. So um my other comment and this is again just as you're going through um in the past we have um struggled with the uh

you know sufficient water for fire protection and things like that. Um so we just ask that you reach out to our fire chief and work with him to make sure that he's satisfied with what you have and if you can even get us a letter from him. In the past, sometimes he's had a residential sprinkler systems installed where there wasn't a fire pond or some other close source of water. I have no idea what there is. Um, but reaching out to him ahead of time will speed things up and give us the confidence that um that his needs are being met for emergency response and um

fire response as well. I I can speak to the chief and talk to Adrian about it. Okay. Yeah, that'd be great. But we always want his uh his input on these things. anything else? I think one of the items that has come up in the past with it may have been just an individual, but it's uh light pollution. And when I talk about light pollution, I talk about people turning into that road and uh providing that

buffer to the existing neighbor as you turn off from uh 136. correct. we have struggled with sometimes it doesn't seem like there is enough buffer between the lot line and where the actual road is and there's just moving something over 20 ft where the road actually access gives you that buffer. So something to look at also.

Yeah, I I agree with you, Al, because there is no setback for a road. That's that's correct. That's why I mentioned it. Granted, it's it's not a requirement, but to appease people and make people feel comfortable about it. Sometimes it's an easy fix if you have the room. If you have the room,

right? Yeah. on this one. It'll probably be a balance, you know, between the safest um sight distance and the offer. Um but there are some options if if we can't move the road that we can talk about and look into and open up a conversation with that about her.

That's great. Good to hear. Almost looks like the road could uh come off of uh 136 just a little further north and go right come right off at a 90 degree uh you know right up to that first bend in the road in the proposed road and that would give a bit more of a opportunity to for a buffer.

It could be kind of a triangular area, but it wouldn't cut off much of lot one either. Yeah, I think the balance is that's where that hill is and those sight distances are terrible in that area. Yeah, the road is 50 miles an hour. People cruise right there.

So, it's when I saw that for sale sign, that was the first thing that that gave me [laughter] was that in and out right there. Adrien, one thing and I have no idea what the seller is thinking for his the rest of his or her I actually don't know. I'm sorry. Um property, but sometimes it's worth

opening up a um a right of way to that other lot in case you think there will ever be future developments there. I have no idea what the plan is or whether that's in the future or whether that will happen, but it's something else to think about. Um especially given

the concerns that everybody has with coming off of 136 at that section. Um it would certainly be easier if there were future lots in that other in that remain at the retained land to make it, you know, move, but something to think about. Yeah, there's a lot of wetlands on that lot. Um,

yeah, all through here. So, I mean, it's something worth mentioning and we can ask about it, but my sense is that would be pretty difficult. Yep. Or the remaining land for for them to do much. So, that's fair. Yeah. All right. Planning board. Anything else?

do you have any questions for us? Um, you know, I'm sure you've looked at our ordinance. Um, we've wr rewritten this relatively recently. Um, some requirements in here, you know, regarding agency approvals and things like that. So, do you have any questions for us on any of that? No, I think all that seems pretty straightforward. Um, I like the new ordinance. It's very straightforward. It's nice to follow.

It only took three years to do. [laughter] So, yeah, I think that all makes sense. Um, I guess the only questions I really have for you are, you know, if you had any comments on the lots and or the the road or the proposal for the right of way um extension, but it sounds like, you know, you've already provided some comments on the lots. Um, so unless there's anything else you had on other lots or the right of way, then I think I'm good. I don't think so. I mean, it looked I checked uh it looks like your lots are all going to be conforming. There's no undersized lots. There's it looks like you have plenty of room to meet setbacks and everything else. Um you you've got the turnaround. I mean, the chief may want something else for his um emergency vehicles, but I don't I don't see any major red flags.

So, um I think you know it meets the ordinance, but they'll also make for nicer lots as well. Yep. Adrien, did anyone else from your team want to talk tonight or are you all set? Because I will open I have no idea whether there's public here, but I will open up to public comment after your team is done. Is there anyone else who wanted to say anything or are you all set?

I'll let them chime in if they do. Okay. And if you don't mind, you can just stop sharing your screen and um but that was really helpful. Thank you for doing that. That was Yeah, very useful. public comment. I have no idea if there is public, but um, did anybody want to

offer comment on this or ask questions? raised. Oh, I will close public. There's no notification for the sketch plan. What? There's no notification for sketch plan. So, right. But occasionally people find us through our agenda.

Yeah. [laughter] Um and there certainly will be notification for the next phase. So there might be input at that point. But that's again why I always encourage people know what know what comment you're going to have before you get here. Um it goes a long way and it certainly makes everybody's makes the process easier. Um, so if there's nothing else and you guys don't have any questions, you are all set. Thank you for taking the time. Thank you for answering our questions and putting together what looks like a a a good proposal and we look forward to getting all the details and um being able to dive into it.

Yeah. Thank you all for your feedback. It was very helpful. All right. Thank you guys. Thank you. Have a good night. You too. Bye. Bye. Thank you. Night. All right. Um, planning board, the only item that I wanted to mention, um, Bob and I have been talking about Chip Bow's, um, project and I had to go back and figure out what the heck had happened because it had been so long. Um, half of you were not on the board at that point. So, this was reviewed by the planning board over a year ago. Um, Chip had not given the

board everything that they felt. Chipo Chip, right? Yeah. Dan, Dan and Chip, same. No, not Dan. No, Dan. Dan, I don't think we've heard anything from. So, the ball's at his court. So, this is um firewood processing and um and some other activities that that actually fairly similar to Dan, honestly. Um,

sorry, Ann. Is this the email about the Bowie site? Yeah. Okay. Yep. Yeah. The the other subdivision his was his last name Bowie too. No. No. Okay. Sorry. So So anyway, this was a this was a firewood and mulch and recycling operation. Um materials recycling, not not like car recycling. uh that came to the planning board over a year ago. We sent it back

to him, asked for additional information. He never came back to the planning board, um has done a bunch of other work, but also including expert work, you know, worked with the DP. And so Bob and I talked about it and given that half of our board has turned over since then, um I was not involved in the workshop either. So, I um could not make a decision on it and it's been a year. I'm going to consider that to have expired and so my guidance to Chip was to well through Bob was to reapply. This would be a conditional use, not a site plan. He's not planning on building a building. So, the instruction to him was to reapply for conditional use. He'll be able to use most of his same plans and materials and experts. And honestly, our conditional use now or process now is much easier than it was back when he came to us originally. So, we may or may not see him. Um, I hope we do because that's what he needs to to be legal, but

um, no, he's he's more than willing because he's already he's already spent all kinds of money and he's done a great job so far. So, great. So, hopefully we'll see him in the next couple months. Um, so has he already started construction on the site that did not receive approval yet or how?

Yeah, you've been operating. So, so what I'll give it to you in a nutshell. Um, the last meeting January 19th was he needed to supply a deed and financial responsibility. He came in on the 20 on 20th last year and he didn't say he was going to starve. He he was the impression that he needed to provide me and it was a and

I talked to him about what Ann and I had talked about and he said well when I gave you the deed the planning board was in a little bit of a disarray and they didn't have a quorum. This is what he said. So this is just what happened and he's done a great job. Um,

but I do recall seeing in the meeting where Ann said that he needed to come back to the planning board. So, yeah, there were never any findings or anything. Yeah, there I've looked I've contacted John and I've contacted Bonnie because I noticed she was writing the notes, but I there was there was nothing. But I did hear that he did need to come back to the planning board. Um

Barb, those are the photos that you sent to us. Yes. Yeah. Okay. Those are chips. He can hang on to those for now. Um until we have an application in front of us. And I was out there when the D was there and I was out there when the when his engineer was there. and D has approved the settling pond. Everything that runs off it goes to the settling pond. I mean, it's he's done a good job. But

this is the one that had the big BM, right? Yes. Has that been Yep. It's totally done. Where is this? Cushing Road. It's off the hollow. Yep. It's right after the power line on Cushing Road. next month or two. No, he'll be he'll be coming next month. He's

Right. Great. Yeah. So, we'll see him in March. He's going to resubmit his original packages and um I don't know. Okay. Well, he needs to go through that application and fill it out. Yep. Yeah. Because if it takes us forever to do this because he hasn't done the work.

No, I agree. Yeah. I would recommend to him that he updates with what's been done too, right? Definitely. He's perfectly willing to do this. He's not bucking it at all. So, No. Agreed. Agreed. It's obvious he's invested a lot of money already.

Yeah. 80 grand. So, um we do have a public hearing coming up next week, next Monday. Um Allan, you won't be able to make it, right? No, I'll be traveling. Okay. So, you terribly. I'm sorry the last one didn't work out. wound up there was a budget committee meeting. Um I'm sure you all saw George's email that some of the selectmen have questions. Would have been great if they'd participated in our workshops.

They didn't. Yes, it would. So, um but [clears throat] that's okay. We'll we'll take whatever feedback we get and if we feel like we can make changes, we can we will. Um, and if we don't, it'll go to the voters and they can vote it up or down. Um, did anybody have any questions on that before we get there? Alan, certainly if you have any questions or concerns about the drafts?

Well, the question I had, granted, we voted on this in November in the referendum. Correct. Uh, I don't think we ever voted on it. We were supposed to do that on the 25th. Do you mean board voting? Yeah, us voting. Yeah.

To send them. Yeah. I mean as adopt like town of Durham land use ordinance as adopted a town meeting November 3rd. different. I mean we're looking at we're going to have another town meeting in June. February 8th, isn't it?

Where? So, February 8th is our public hearing. Yeah. Town meeting. So, the ones that we Right. That's April 3rd. That's November 3rd. The town meeting voted to adopt our latest our changes before that. But this one's going to include those four.

Okay. I got you. Changes that George sent us. The roads, the based business process and miscellane homebased business. I do have an issue with the homebased business um putting it in an accessory structure. I I honestly would rather have the board decide whether or not a business should go in a garage because

nobody tells me anything. So that could change so quick. Yeah. All right. Well, let's talk about it next week then. Bob, are you going to be able to attend? Next Wednesday. Next Monday. Hey. Yeah, sure. Okay. So, yeah, let's uh let's talk about it then.

Yeah. Okay. Uh should we What time is the meeting on Monday? Is it six? Six o'clock, I think. Is it at six? Yep. On the 8th. Um should we confirm our next normal planning board meeting? Um, our next normal meeting will be the first Wednesday of March, whenever that is.

March 3rd, right? March. Okay. Yep. Cool. So, the 3rd at 6:30. Yep. That's what the agenda says. [laughter] All right, guys. Any Sorry, I didn't mean it to come out that way. That's [laughter] okay. We'll keep an eye on you. Don't

we had a little I don't know a little communication with the issue with the agenda and part of it's because I'm not very good at being responsive but so hopefully [snorts] we'll get everything back on track for next month. Anything else? And if not, can I have a motion to adjurnn?

Motion that. All right. Ron, second by Juliet. Uh, all those in favor. Allan, yes. Ron, yes. Wes, yes. Juliet, yes. And I am