TranscriptPlanning Board Meeting ~ March 1, 2017

I lose. I Okay, we can spread together. All right, perfect. I'll start using the window ledge. Okay, so I'm going to call the meeting to order. I'm Anor Gross. I'm the vice chair and I think our first we have a quorum and our first order of business is the pledge of allegiance.

States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. additions to the agenda? Okay, our next order of business is to elect Juliet Kaplinger, who's been serving as our first alternate to a full board member. So, can I have a motion and a second?

Motion to elect Juliet to full member. Second. All those in favor? Any opposed? All right. Welcome aboard. The next um the next piece is um Todd, our chair, has submitted his resignation. So, I just wanted to take the time to thank him for his service. He was a great chair. He provided a just an excellent practical aspect to our conversations. He had been on here and had just a memory of a lot of stuff and we've lost a lot of institutional knowledge. So, I just wanted to thank him for his service. That was my thought just the institutional memory that came from this town.

Yeah. So, um so we're really going to miss him. Um also our court officer Paul Baines has left and just wanted to thank him for his service as well. He uh he brought a lot of order to us and um he will also be missed. That said, um we need to elect a new chair. Um, we can also elect a new vice chair if you want. I'm happy to continue in that role. I will not be chair. Um, I

don't have the time. I am not responsive enough to emails and that's not fair to this board. So, I think we need someone who is organized, who can work with Jill on the agendas and Ruth on matters that need to go forward. Um, so I'm happy to entertain a motion for chair. Otherwise, and if there are none, I would like to nominate Mindy Sean.

I'll second that one. What does Mindy feel? Uh, I'm happy to do it. So, she made me promise not to leave for a year. Yes. If I nominated her. I said I said Ann has to stay. And that goes for the rest of you. Okay. So, I have a motion in a second. Okay. Any discussion? All right. Then all those in favor? Any opposed? Okay.

Um, do you want to reelect a vice chair? Yes. Cuz I don't think the position's vacant. No. This is election time anyway. Once a year. We elect once a year. Okay. Then I will accept nominations for vice chair. Nominating him. There we go.

Second. Okay. All those in favor and opposed. All right. With that said, I'm gonna hand the hot seat over to Mindy. All right. Here. Do you want me to move? You can sit here. Oh, that's fine. No, seriously. A lot of movement.

Come on. We have to entertain ourselves some way and wait for our inner room to get here. But I think we're on our own. Okay. So, I think we're here. All right. Acceptance of minutes from the February 1st meeting which Joe has provided for our review. I will move acceptance. I'll second that. All those in favor? Any opposed?

Mike abstains. No, I wasn't here. Sorry. Yeah. I just application for Mary Baldwin. Would you come on up? Oh, we got bigger tables, but the that table got a lot smaller. I don't know about that. That's how the And then that's how the evening's going very small. You got room for my legs in there. Do we need to wait for Calvin?

Um, is he bringing the big Is there a big Oh, I have that if you'd like. I have an extra one in case. Big one. Yeah, that would be great. Uh, I do. We're supposed to have Yeah, I've already seen Calvin. So, you can start. Calvin will be here a few minutes.

I brought an extra one even though I turned one in just in case too many people or more people want to see it at the same time. bit about what your uh subdivision plan is? Okay. ones. five watt subdivision off Granite Hill Farm Road. Uh if you have any questions, it will come up on that. That road was a discontinued road or still is. We've fought that battle on the nature of that road in the past years through the planning board, town attorney, my attorneys, and there has been a conclusion that that is a according to the Durham uh road use ordinance, it is a

road frontage road. Which road is that? Excuse me. Which road? It is Granite Hill Farm Road. And that that battle had been fought for years, but they finally a few years ago uh we came to terms and again between the town's attorney, my attorney, the planning board.

So, I'm sorry. Where is that on your plan? That where is what on the plan? Granite Hill Farm Road. That is not that is the road leads to this. I don't Is that on the big plan at all? Because I think it says Bowie Hill Road discontinued.

Well, it's Boy Hill Road. It says Boy Hill Road Extension. That's That's what it was known as for years. All that road that runs along the bottom of that is the granite. It is now Granite Hill Farm Road. And it's gravel, right?

Yes. starts and ends? It comes from uh it is at the intersection of Stack Pole and Bowie Hill Road. Start. If you came off uh Bowie Hill Road, hit Stack Pole. It's a dirt road to go straight across. This shows you kind of

and up to the pole here. And then this is I think right here, right? This intersection and it goes to here. Right. Right. But where does it end? Granite the dead ends. Yeah, it ends at the basically according to the town maps if you look at them. I don't know if it shows on this one.

No, I don't see it. It is. We don't have enough you need to share. The road looks like uh it ends at the brook, but you claim it's a town accepted road. Is that what you're saying? It's not a town accepted road. It is a discontinued road. Discontinued uh for auto the selectman way back. And we have all that stuff we can dig into if you need it. But believe me, it's a lot of information.

But it's a private road. It is. It was just It's what happens. There's a lot of question about discontinued roads and how what really matters is how they're discontinued. Okay. Some are discontinued to the abuts, which means if there was a 60-oot road, which this one is, a four rod road, those abutas would own to the center of that road, and that road would cease to exist. This road was closed in a manner to reserve the rights to the people in there. So, it was uh more or less abandoned by the town that they wouldn't have to maintain it.

They, you know, that's the way they applied to the county way back when. So, was the end result an opinion by the town like do we have a written opinion by the town attorney? We have minutes uh which you know you you'll probably want to look at all that but we have minutes that where that was totally discussed and I have some of that and I have letters from uh again I didn't I kept that all separate because this gets you know there's a lot of paperwork with this but I kind of have this stuff in here uh by order of importance the way I saw it because there's a lot of it um

there's a got to here from uh this one's from my lawyer, I guess, and the other one is uh from the town lawyer where they they talked back and forth. Uh discontinued. It uh let's see where discontinued as a public highway and to remain as a private way subject to the use of the abutas. And that's the technical part that they fought out. I mean, for years we played with this. And there is a a uh oh, what's the word I want to use? U a a consensus by the planning board at that time. And there is there are minutes where they agree that this is not

uh it is a road frontage road according to the and that was somewhere there's a letter that says from the the town attorney that it is a road frontage road according to the definitions uh of the land use ordinance of Durham.

At a minimum we need to see copies of this. Yeah. Yeah. that's all uh available but gets really complicated but I'm happy to I have that but as a kind of a so no deed nothing's like recorded with a deed or registry or anything like that to it's just the

to specify that that road is a road frontage road no that's it's one of those things uh I mean I've been through a lot of this I actually sat on a planning board for years. I've been selectman and I've argued these these deals with the planning board for years and with rush and we've all been through it. It's one of those things. It's like uh if someone does a subdivision after a year that road becomes a road frontage road period. It's just something that happens after that. If some if a if a subdivision gets approved, that road uh somebody else on the other side after a year, you can't it doesn't change. That road is a road frontage road and anyone can use it just as if it were out here on Route 9. That's just the nature of the beast. So, um I'm not so much concerned about the frontage, but this piece to get from Bowie Hill Road to the new road that you're proposing, what is that?

That is all the same thing that my road frontage on this property. See, my road frontage doesn't start until 1,000 ft up Granite Hill Farm Road, but it's all the same road. and that is it it fits under the same rightaway and and uses.

So, but is that going to be brought up to road standards? I'm going to what we agreed when we when we I keep saying fight and you'll have to apologize, but it was a big fight, a big struggle to get everybody on the same page on that. I agreed to bring that road up to u road

uh private road standard according to the town of Durham. except for the grade which could not be met at one point because it goes over the ledge where the pipeline is. So they agreed that that wasn't something I couldn't cut that down. I couldn't blow that up. I couldn't do anything. So basically the pipeline created the hardship there.

So but it's not it's just borderline. It's not something that you know uh can't be made safe. It it will be I plan to build it have built a lot of it already up to uh the standard 20 ft wide two feet two foot shoulders on both sides.

So when you say you you agreed to bring it up in what context was that? Was that an application? Was that how did that come up? Uh basically it was just part of the conversation because what happened was this thing needed to come to a meeting because it just went crazy back and forth. Nobody could agree on anything. So, we brought it to a meeting and they told me to bring it as a backlot application, okay? Just to get it looked at, to get all these legal uh uh letters, answers, and and to explain the whole battle out. And then uh they went through the whole thing and they actually gave my money, my application money back for the backlot ordinance because it was not a backlot ordinance.

So which they they realized the end result was that they realized I want to find those minutes. They were they were the minutes of uh 2012 I mean 20 let's see what we got 12 2012 the August 1st meeting um information or those those dates and you can look up uh actually what works best is the video I believe there's a video available of that and that's just the best because minutes are one thing they put down they summarize whatever but you really see the conversation if you look at that video

so so at the I'm sorry go ahead so who maintains that road is that the people that live on that road have to maintain it okay so there will have to be as it says on my plan there's a uh we'll have a maintenance agreement on that road

okay and that includes Granite Hill Farm Road correct as well Yeah. Or Granite Hill Road. Yeah. From because it belongs. I mean, it's one of those things where we have to maintain it to use it. It's not going to be done. The town's not going to do anything with it.

Does the road extend? You said it goes to And that map shows it does not the road. So, it ends here. No, the right way. The road itself goes, but it isn't really there unless only thing is there is what I have built. Okay. to this uh the road actually that the road that you're looking at that will be part of the subdivision frontage for those lots. I have built that road.

Okay. Over the years. I've had this piece for a long time. And so there's a road association with the two existing residents. I'm looking at it on a map. They have to the existing uh residents. They have to be offered. They don't have to sign on, but they have to be offered a chance to. And I've just sold that lot. Uh I think it says on that I've sold that lot one because I could sell one lot, but we've already done that and those people are going to build. But that's why even though that's sold, I it hasn't been 5 years. So I put that in as number one of the five lot subdivision.

So there was no decision out of the planning board on like an application or anything like that. It was just discussion and then they decided that I had road front. It is a road frontage road and it states that in the minutes.

Okay. And I was very adamant at the end. That's why I've read through these minutes a hundred times. They don't say it exactly like that. But on the tape I actually stopped at one point because we dug this out for an hour. uh that I just want the consensus before this meeting ends that you agree with my the town attorney, the code officer, my attorney and you people all agree that this is a road frontage road and I got that consensus. So, and that meant I could draw billing permits. And I've actually there was a bigger piece on the other side of the power line which it shows uh that does not this sketch map here shows you the small one of the map 138

shows the power line and then there was this small piece on the other side which I did to my son and it actually uh was buildable because it had road frontage on that road. When was that deed out? Oh, I want to say a couple years ago, probably.

17. And it was not a division of the property because CMP doesn't have a rightaway there for their power lines. They own that. Oh, okay. Okay. So, this that was another thing that that would stay one piece of property until it was sold and then it would become its own entity

because it was totally divided. It was not It does not affect, right? It's not contiguous. So, is that the 9C that you're talking about? Uh, do they have a No. No, it isn't. It's a piece that doesn't it doesn't show anything.

It's just a little check mark in it. Gotcha. Okay. Where is that on this? That is right here. That right in there. Great. That's a 12 acre pizza they gave my son. Okay. So the way you describe it going back to 9 9 C has to maintain the road

which his property is on a butts. Would you say that again please? Lot 9C on this on this map. Uh Oh yeah. Yeah. So, so you're saying that that they m they maintain now they live there. So they're responsible to maintain that section of road that their their property abuts.

They I don't know how if responsible is the right word. They do it cuz they live there. It's the only way they can get to it. But it's the only way to get to your lots. And I'm saying they're responsible to maintain that piece of road, not you.

Exactly. That's one of those things that's ambiguous, I guess. And I hate that word with a fashion, but that'll be worked out uh with the road maintenance because I've already bought uh um rail trucks, if you will, a town like one of the town trucks with a wing and a plow. I have two fire trucks actually because my son's building in there and and I actually are telling people that uh and in the road maintenance agreement I have agreed to maintain this whole road for two years which gives everyone a chance to get their feet on the ground and probably continue to plow it after that and be and figure out who's paid what to do it

and do you need it's like any private road. Uh this is all private. Whether that's mine, it it's all the same road. We we have to uh figure out between us who's going to pay for it, who's going to plow it. And do you need an agreement with CMP to maintain that?

They don't maintain it and they don't care. They don't care. It's a right away. They don't own it. They own the land, but the rightway is not owned by anyone. See, they they own actually if you technically they would own property both sides of that rightway with that 400 foot easement. Uh it's not an easement. They own it. Sometimes CMP I was I always thought CMP had easement, but they actually bought a lot of this land. And that's why my piece was split. And I gave that piece to my son because back in the 40s when they bought that, they split that land. But but the land itself never got divided up even though they went through the middle of it. It was called one the tax bill was all one lot and until that got transferred that's when it became its own lot and I believe they you know I don't think they ever gave that a a lot number to be honest with you unless it it might be actually it is uh

map 13 lot 8C that piece Yeah, I believe. What you calling that, Barry? I think it's 138 C. Okay. They've got it on this map here is your survey. I put it down as CMP is map 13, lot 12. Is that this piece right here? Um,

that's what he's got right there in two spots. Is it map? Uh, no. Map 13. Lot 12. Lot 12. Yeah. That's CMP's 400 foot rightway. Y what what I was talking about is before CMP ever bought this rightway, I bought this strip, 400t strip. This was one piece. They cut that piece of land right in half.

But it was all map 13 lot eight. Mhm. Until I gave that to my son and I act it gets I got 8A down here and 8B. Mhm. Um Yeah. So if the CMD owns that in fee then you have two separate lots there. Correct. So one wouldn't count towards subdivision purposes.

No because it is not they are not contiguous. Right. And that's already been transferred a few years ago. I don't know probably two or three years ago. Right. Yeah. And this first lot which is lot one on this map is has already been sold. And

that's why I'm including it cuz it hasn't been 5 years. It was just sold. Okay. And I'm including that in the five lot subdivision. Okay. Did you say this proposed spring road you've already been building? It's a a road. It is there.

It exists, but I need to bring it up to the road standard. I need to do uh the base is all there and I've used it for years, but I've got to bring it up to the the 18 in of aggregate. Mhm. and the 20 foot wide with two foot shoulders either side which basically boils down to 24 feet of gravel. You know, it's not my first one. I did uh Oakidge Road off run around Pond Road by um what is it? Cross from Maryland's I can't think of the name of it.

Randale. Thank you. do you have a timeline for for how you propose this development in terms of As soon as the road dries up, I'm ready. When they pull the posters, I'll be moving. Mhm. Yeah. Uh I already have I know there's a question that comes in when you do subdivision. I think there's a financial question in there to make sure the guy can afford to go through this thing and and make it happen without, you know, falling on his face and they don't want to say you can do a subdivision and you can't afford to do it.

Uh I own my own excavation equipment, dump trucks excavators. There is gravel that I've already blown up ledge on this hill in here and crushed gravel to do the work. So there's not a uh I'm in the I'm in the excavation business. So there's not a a lot of money needs to be spent to do this job. I have like I say equipment and the material already on site.

one question I have in your deed it says the CMP easement for you to cross CMP's line is 20 foot. It looks like our rightway is required to be 50. Okay. What what that is is that is not the road we're talking about when if you look at this small sketch map. Yep.

The when that piece got broken up, CMP Well, when CMP bought their 400T strip, they went right through the middle of that chunk of land. It wasn't mine then, but it's mine now. They broke my land in half. So, what it says in the deed is I

have a 20ft rightway anywhere I want in that corridor to get from this side to the other side as long as it doesn't interfere with transmission lines. So that 20 foot deed is just for me to go from here to there anywhere I want. That has nothing to do with the four rod road that we're talking about

existing road, right? Road. And this is something that we're actually uh it doesn't come into play here, but we are actually uh getting a deed for that 20 foot rightway at the end to go over to my son's property because I want to build this road in the road I propose to build eventually will go to his property. It'll be easier for him because it's a better site to build in the back, better land.

So that 20 foot that you found, that 20 foot easement is just something for me to access the other side of my property because they broke it in half, right? But that's the road that'll be used to access the subdivision. No, it is not.

Okay. So, how do you get from here to here? That's your 20 foot rightway, right? No. Cross CMP's land. No. Oh no, that is Granite Hill Farm Road. That 20 foot easement is not is an easement wherever I decide to locate it. It is not nailed down.

It has nothing to do with the road. I guess I want to So if you're not So there is an existing gravel road that we There is a full rod road. Right. Right. That are you not planning on using that? Yes, I am. Okay. But that has nothing to do with the 20ft e the 20 foot rideaway or easement

is because they broke my land in half. Okay. So there's that road already. So that Yes. And then you have an addition. Again, they don't own that 60 foot rightway. They have the same rights to it as I do. Everyone has the same rights to that six foot road, four rod road.

Okay. That that's common practice. I used to work for CMP doing the power lines and whenever you tried a lot they would always give you a 20ft easement to put where it was feasible to get across so that you didn't isolate yourself from the land on the other side

if if you were farming or something like that you needed to get to a hay field but they didn't specify where it was it just said usually it was just a 20ft easement to and that's what it says in that deed. So, we really don't have anything about this. We have nothing in writing about this gravel road that exists except maybe there's I don't know some

the minutes I can Let's see what I can find here. Um stuff mixed up because I've been through it and try to keep it in order of importance. Keep that. let's see. Yeah, I don't have the front part of the minutes. So, I do want So, I have two or three copies of this, but uh it shows where they had this lengthy. We used to have long meetings here. Mhm.

My portion started at 9:02 and went to 10:00, but basically this section uh covers the whole conversation and pretty much I don't know if you if this is the time for it, but it this the battle has been fought and decided on. I have a number of these. If

somebody wants to see them, certainly welcome to them. problem is it raises more questions than answers. That's for the existing road that's now that is right and the simplest thing is to say and you can look at the you can hold those meeting these are copies.

So will the homeowners association if you have one for the subdivision will you have one for the subdivision? Yes. So will they be responsible to maintain the the road maintenance agreement will cover the whole road. So whether the people that already live there, the Bernards, want to join that association or not, they don't have to. I have to offer offer it to

but it'll be part of this subdivision to maintain that all the way to it is technically the driveway from everyone's driveway to the subdivision. So what typically you would have the you'd have a proposed deed and in the deed it would reference a road maintenance agreement that would be recorded separately but it would record it. It would be referenced in the deed but there'd be a separate document that would get recorded and and so you just have a you just put together a draft. You don't have copies of those here. Right.

I don't have a road agreement yet, but when I do get it, it has to be recorded when when it's it may have to I don't know if it has to be done before this thing is done. Yeah, it's one of our criteria. Okay. Um, are you going to retain the fee to the roads?

I certainly am. Yes. Yeah. Fe simple interest to the road will remain in my name. These the people actually have a rightway. You get because I have more land to deal with up there and if you don't do it that way, uh, people can, oh no, we own the road now.

But they don't. That's not the way. So will the um the owner's maintenance go all the way to Stack Pole? Yes. Yeah. Yep. Regardless of whether the people that already there are partner, it has to be included because it is the rightway. It is part of the rightway.

Uh then basically there were I guess technically be two rightways. I mean you I can't I don't control that county road discontinued county road. It is a right um a right away to anybody who owns land in there. But once I get start turning and do my

uh lots, then that's basically a I'm not drawing up as a separate maintenance agreement. I'm putting it all together because it really one's no good without the other. And you have an existing one for that? No. Gravel Road. No one lives in there now except

the person that for the Granite Hill Farm Road. There's one that exists. No. No. Okay. No, there isn't. The guy that lives there now is the only guy that technically lives on that road even though there were two, three more driveways.

Okay. The other place people had road frontage on Stack Bowl. Okay. So, the the only house that's technically on that road and he is the first house on the rightway. Mhm. It gets tough when you get dealing with these rightaways, you know. It's a I've researched it all the way to more than one county registry, you know. I mean, it's just crazy stuff that's written so that it looks like calligraphy. You can't even read it, you know?

It's crazy. But all these roads, a lot of them were discontinued in different ways and it causes major major problems. Again, I fought this battle for years and finally got a consensus from the planning board that it is and the planning board, town lawyer, my lawyer, everyone together that it is a road frontage road.

and from Curt Weber? Yeah, that's what I'm looking for right now. Be great. Did he hand it to you? Trying to see. No, I got some minutes which I've now lost. Thank you. But they talk about it in the minutes that it it seems that the uh code enforcement, the town's attorney, and Mr. Baldwin's attorney all agree, you know, that are finally in agreement.

Well, it sounds like Kur said it may be a private way. Well, you know, they use that's one of those words uh like I can say, well, you may cross that or you may be able to cross that. You know, which is it? You know, it's but it means but if you talk to

most people when they say may, it it usually means you may. But it doesn't if you use it the other way, it's ambiguous. What good's a lawyer's decision? And if you you may well which is it can we or can't we? This is a letter uh from Kurt Weber to my attorney. Um I only have if you do you want to read it? Someone want to read it?

The proposed road access drive. How far are you proposing it to go up? all the way that that road is uh um I just measured it because of the fire department thing in the pond for subdivision. um from this. So it's probably five to it's probably between three and 4/10 of a mile. Probably 4/10 of a mile that road till I get to my land including going across

the power line. The 400t piece. Oh no, I mean up. Sorry to follow the sub the Oh, that that's uh those are 300 foot lots roughly. So it's 12. It the road itself is only going to go 1,000 ft to the fifth. Uh the turnaround is right there at lot four. Correct.

Oh, so it's like where the hammer 1,000 ft. Yes. Oh, okay. I see. I see. I see. Okay. Um let's see. And then lot five, that's not 4 acres, is that 4.5 acres? I'm sorry. Lot five. It says 41.54. Was that supposed to be scale? Is that supposed to be 1.5 is the remaining

uh land? I don't. And I asked my surveyor about that and he's like it really right. You know if if I decide to sell that I could sell that all as one piece or I could break off a piece and maintain it and five years from now I'll be back here doing the same thing for I think we can get four more lots in there.

The dash lines are showing the setbacks really. You could dissolve that on two sides potentially and make that clear. Yeah. So, the dash lines are really set back requirements from the Oh, I see. That's what's making apologize. It's It was a lot for everybody to deal with, and

we've done a lot of it, but I realized that none of you people have seen this, so a lot of questions. Um, we got one more wrench if you want to look at it now while we're all confused. Empty out the tool bag, Barry. My lawyer said to me, he said, "Barry, I just wish once you'd bring me something that was simple." I'm sorry. That's not how I buy land. Um, you'll see the lot six. It's called lot six, right on the uh beginning of this. It's not part of It's on the Granite Hill Farm Road.

The gentleman that bought and I think my surveyor put a note in there. the gentleman that bought lot one this property. It's not buildable as far as I'm concerned. It says and it will say it says on our our map that we bring to you for our plan uh not buildable and

would have to come back to the planning board to ever be built on. And the reason I'm explaining this is he wants to buy that. I want to be able to transfer that to him as an abuter. Therefore, that doesn't count as a lot. And I I present it to you that way so you can take a look at it and to make sure before our final plan that that does work for you folks because he is by the legal definition which I have somewhere of a but that roadway. If he's directly across that roadway, he isn't a butter. So I could transfer that land to him without it being a division of the rest of it.

if it's No, it could. It could be one lot though. It should be. I mean, but what I didn't want to do was give him that land and then come to the This is suggestion of my surveyor. If you just have a rightway through here, the planning board may not want to give you a subdivision across a rightaway that you don't own. So, I'm not giving up that rightway,

right? Cuz I could have chopped my own head off with that one. But I want to be able to give him this uh sell it. He'd pay an extra for that piece of land. But he wants that 30 acres. It's wetland. It's down by the brook or it's 22 acres, I guess. Uh not buildable. the the water course drains down through there and it's by the time you get a setback there's just one big high spot and once you get to the 60 foot and then the 50ft set back from the road there's no place to build. So,

the driveway in lot one to the new proposed Spring Road? Because when you when you're at the CMP property Mhm. once you hit your property lineish, the the road goes down rather quickly. the property and that's a tough that would be a tough

it is a driveway to come out of it is at the bottom of the incline but it's safer to come out on the new spring road then out onto the yeah and I'm not sure where these people plan to build their house uh if it were me it wouldn't be right there that just that driveway happens to be there because there used to be a cabin there years ago and uh the best place to build a house is further and probably to come down into that. So any of that, this is just the first sketch plan. So any of that that we can

we can move it around any way we like. That just was an existing driveway and that's our our roadway. It actually goes all the way through and comes in to the end, meets the other road, there's an issue with moving it. But you've already transferred that. So

yes, you don't really have control over that, do you? Uh I he has a right to enter the road anywhere he wants. So I don't know if I Well, he he has to have there won't be a road entrance permit. Um yeah, good question. I don't You kind of got me on that one. Um, yeah, he has a right to put his driveway anywhere he wants, but certainly if it certainly is

an issue at times coming out of that road and instantly trying to go uphill and it did it drops down rather quickly once you hit the top of that crest there. You can see that by the top, you mean? Or I took a ride up there.

Oh, did you? Okay. Yep. You didn't ride all the way up there, did you? Yeah. Has the snow melted that much? Yeah. Full-wheel drive. Wow, it was rough. But yeah, I only I bought it way back. But Alden said that he has a copy of that DVD. So at any time if you guys want to sign it out and look at it.

It's not It's not on the website currently. We'd have to do the DVD. You'd have to look at the DVD, but he's got the pointers for where in the meeting it is. Okay. Look at the whole meeting. Oh, awesome. Because if you watch that, you'll see I'm not picking on Secretary Joe whacking me in the back of the head, but they don't always put down what you say. And I've been through this stuff enough. So, I made it very clear at the end of that meeting.

I want this on record that we all agree, but it doesn't but read these minutes. It doesn't say that. That I wanted that very clear. But it was made very clear that what I want as an end result of this meeting is for you all to agree that I do have road frontage or this is a road frontage road

according to the dur as it says in the in the lawyers. So you did you get that where' that letter go? Make sure it welcome to copies or any of that. But yeah, it's off right here. And I appreciate your questions and all that, but it was fought out and I don't want to uh cloud this operation up with all that old information. I mean, you're welcome to any of it. And you I think the videos need to understand basis. We don't want a challenge because

Right. Yeah, I understand the whole thing. But I would I I I right don't want to confuse the two because it's this was confusing. I don't really want to open the can again. We just need to understand. Not again. I I've kicked that around a long time. Spent a lot of money on it.

Barry, didn't you build a house up in here? Didn't you just build a house? Your own house? No, that's a whole different Oh, it's a different spot. Yeah, that's the other end of the pond. Yeah. Oh, so where? Oh, that's on Heel Drive.

Well, that's where your house I thought it was up in here, but you I know you own this land up here, right? Although I thought you built on up here, but you didn't. Okay. Nope. Nope. So, there's a lot of grading proposed with this, right? With the road. There'll be a lot of grading needed.

Grading like grading the road to make it bringing it up to grade. You mean? Yeah. Yeah. No different than any other road. You have to put the 18 inches of aggregate in there wide enough it. Yeah. And for the houses and Well, the houses are a whole separate deal. Whatever. They don't necessarily, even though I'm in the business, don't have to use me. They buy the land.

Yeah. I I am responsible to build the road and I sell the lots and they can hire whoever they want. Uh did you have a storm water management report? No. Don't believe it's necessary. Uh we have wetlands uh done by my surveyor. Um we're just starting with this thing but uh April the uh vernal

pool uh delineations or whatever you call them will be done that's in the plan. Oh okay. So when we that's the one thing that'll be missing is the vernal pools but that can be done in April. Has to be done in April. Yeah. So that and when we come back f May 1 hopefully uh if we can get this thing straightened out then we'll have that information

done and I don't know if it goes on the plan or if it's just a report or what it is. So he did the wetland delineation already. So he's matter of fact most of these uh pins are all in and a ton of this stuff cuz I was going to sell this guy this piece of property and that's all pinned. These are not pinned because uh the the rest of the road is not pinned in the hammerhead because if we do things different then we'd have to move that all around. It's staked at this point.

Did you get a chance to go all the way up in? Did you go up by where the gravel was and uh No, I stopped at the crest. I didn't want to go down the other side cuz that was worse. Um I just got out and walked around a little bit.

Yep. Um, I don't know where I was, but yeah, a lot of this is already all this is pinned on the on the Granite Hill Farm Road all the way. Been surveyed and then reserveyed and broke up. And this surveyor I'm using now, I think you'll when you do meet him, you'll you'll like him. Very professional young guy. He didn't like

things are a little bit off and he wasn't he's not happy with that. He wants it perfect. So he redid all the points that I'd already had done years ago to make sure that what he puts on paper is accurate cuz stuff could some of the stuff was off by two feet or so he said. So he doesn't like that

very professional. So normally for subdivision you have a pre-lication meeting with the court officer. Obviously, we just lost our code officer. I do. And then we would consider the completeness of the application here. Um, so how it sounds like, you know,

that we're missing some pieces, which I think we are. I have the subdivision application. Is that what you're talking about? And I'm just trying to figure out what what we're supposed to do at this point. Usually it follows, you know, you have a pre-application meeting with the code officer and then you submit us a complete package. Hopefully we go through the application checklist and hopefully everything there.

I met with the code officer uh Paul when he was here. Okay. And prior to me showing up last month and and I wanted to just familiarize with it last month, but uh I had to be on the agenda so that didn't work. But I have done that and I've got uh the application which you have from codes.

I paid my $1,000 and basically at this point and the butters have been notified and basically at this point I believe that what we do is go through the checklist that you require and then what is missing gets noted and and the things that I have done get noted as they are done.

Okay. So and any I'm sorry but while I got it my because I lose my train of thought and anything you want to change or don't like at this point if you see anything on the the map on the plan we can make changes. So page 74 has the application submission requirements D and there's the list

I'm assuming that's what this Yeah. So I went through and I put those together and proposed findings to make our lives a little bit easier. Um, and I also Jill was kind enough to print out the subdivision statute for us on the state. Yeah. Not the Durham ores, but

they're pretty much one and the same. Yes. Um, polling and the uh meeting it is online, you know, on on the town website. Okay. Good to know. Thanks. Thank you. So, what was the date of the meeting then? If we were looking

August 2012, August looks like it was August 1st. August 1st. in the middle here, is that Oh, yeah. That is not part of the subdivision. Okay. That land was sold more than 5 years ago. Nobody has built on it. But you don't own it anymore.

I own it under a different name. Gotcha. Because what happened was I had a p I happy to give you the quick history of this thing. I bought this piece of property years ago. I logged I bought as I'm in the I was in the logging business more than exhibition. Uh cut the wood um and then

decided to sell it. And that's why if you look down here, this 13 lot uh 8A, that little five acres down on the bottom by the water by the brook when I sold this whole 100 acre piece once and I I kept this lot down here because I love the area and I wanted it. There's a little hump down in here and I maintained ownership of five acres. A year later, these people come back. They bought it and asked me if I was interested. they weren't going to build and they wanted to know if I wanted it back and then things were screaming you know was as far as you know the values and building and looking good so I bought it back long story short with a partner that time that was a big mistake

we sold this lot this one you're asking about a 5.17 Mhm. and we with a stipulation that we would get the road built in there and my partner at that point failed to back me up or we never got it done. So I refunded the guy's money. My partner was not willing to give the money back.

So I bought that back under my LLC. That's and it's more than five years ago. Okay. So that technically with a rightway would be a buildable lot at this point, but it is not. It's been more than five years. And what about this piece in the back? The five acres back here.

That's the one that I kept when I sold the whole piece. I maintained five acres back here when I sold the whole 100 the first time. Okay. But that's that's another that's in another that's in Barry Baldwin. That's the rest of this owned

the other one. This is a DIK LLC owns. Actually, it's DIK LLC and Barry Baldwin tax. The town has it as Barry Baldwin. So, the deed you gave us is to you from Dia K to you. Correct. I bought out my partner and I that gives me sole ownership of the property of DIK.

So, well, no, that gives you ownership of the property. So, is the parcel So, you've got parcels one and two described in this deed. They're needed. So this is owned by you and so is this, right? Yes. Okay. So is this part of the subdivision?

No. Okay. That was sold 10 over 10 years ago, but the uh I can't remember. Well, you just said when you said it was sold 10 years ago, subdivision considers everything in contiguous ownership. And it sounds like that is held contiguously with with the it's contiguous with the others in common owners.

It's under different ownership. Even one is an LLC that is my own personal property that five acres and this here is under uh this 5.17 is owned by uh Mr. Baldwin LLC. Right. But the bigger property is owned by you individually.

No, it's it's all DIK. I mean it's still owned on the DIK. I am sole owner I guess. I So is there another deed after this one giving it back to DIK? No, I bought out I believe that deed uh is when I bought out my partner and became sole uh owner of the property. That

what I mean that's not what it says. You know that part where it says parcel one and parcel two that may be confusing you. What puzzle one is is the piece that I gave to my son. It was a different description because the power line broke it in half. So basically

after I bought my partner out, I gave that piece of parcel one to my son. That that may be where you saw the different parcel may be confusing. bought out the ownership of DIK LLC and that's where the deed says because DIK LLC owned that property

separate from Mr. Baldwin LLC and from Barry Baldwin. Does anyone else understand the issue I'm having? It is confusing. I I apologize but because so that should the application be from the LLC or according to my attorney that I own I'm sole owner of it. So it was okay to to to present the subdivision under my own name because I'm so s sole owner of the

I know you know and I apologize but it's all done it's all done with forethought. It's all planned. and done for that reason to cover legally. So I guess and and I've run this, excuse me, I'd run this through with code previously and they all are are on the same page that that works.

Okay. Um I guess we don't need to decide it today, but if this is Barry Baldwin and this is Barry Baldwin, which is what I understand it is, this can't be sold separately unless it's incorporated in the subdivision, which I don't think you're trying to do now. So maybe we don't even need to get into it,

right? I was just asking whether this is part of the subdivision. You said no. So it's just the remaining land of the subdivision. And when I come back in five years, we may have to include that. And you know, if it becomes a contiguous piece, it's not a big deal.

So if the So this lot five is kind of this remainder of it. So then that would fall in that would include that piece then is what you're saying. It may. Yeah. Okay. Yeah. In the future. So then that would make it part of the subdivision plan if it's if that all of that is considered lot five. just so yeah it's not just this whole thing

right it's this whole yeah the remainder of the lot the 40 acre 41 acres well 46 acres so if we just like this then this whole thing is approved to yep and as far as I'm concerned at this point uh it's not a real deal breaker to include that with lot five I can simply have him move the lines that is you know, it's not pinned out or anything. If it gives anybody

heartburn, I think as long as you don't try to sell it separately. No, I'm not. It's not going to be sold. Um cuz then it'd be part And so maybe we just even need a note on the like you did down here that it won't with lot six that it won't be conveyed without coming back.

Okay. I think just a note like that would be fine for me, but we can get into that when we Okay. talk about approval. the completeness list? Yeah. So that's what this is Ann here. That's what this is functioning as or that. Okay.

Okay. Who's going to be the official recorder of the complete list? I will do that for you. Oh, sweet. She's being really nice cuz it's your first meeting next month. You're writing the meeting. You're taking the notes. Write your own stuff. I even made it a checklist.

Just a second. I I'm I have to stay focused. I So, what I did was make a note that I I'm going to put on this plan that lot 8A will not be sold without further planning board approval. Yeah. Or is that or merge the lots, whichever. I think

or merge. Okay. Yeah, I think whichever you prefer. He'd been trying to get me to merge it anyway, so I guess it doesn't really perfect. I don't listen to advice probably. I don't know. Mineral Springs. Mineral Springs Estate.

Okay. And the road is Spring Road. Not the Granite Hill Farm Road, but the road going in on my property for a lot. Uh number one, the applicant has provided nine copies of all required information. Durham Land Use Code Article 7 section D1.

Um why don't we wait on that till we see everything? Okay. Two, the applicant has provided a fully executed and signed copy of the subdivision application. It's not um signed or stamped by the CEO. It's signed by me. I believe it's supposed to be. Yeah.

Yeah, it's signed by by the applicants. think we have that. application that I thought it was for me. The application need to be signed by me. Yeah, it does say on here that the I mean that's got it and it's signed. So I think that one's complete.

I think we're good. Yeah. Three. The applicant has provided a copy of the abutter signed return receipt notices are signed acknowledgement of receipt. The notices were mailed certified mail return receipt requested or handd delivered with signature not earlier than 30 days nor later than 10 days before the date of this meeting. The notices briefly describe the proposed subdivision in the anticipated date of filing.

Okay. I have green cards that Barry has turned in and I think he's going to re request a waiver for two. They've all We have the receipts where they've all been sent. I only got five out of seven back. I got a call from a family member on one of them that said the person supposed to be signing is in New Hampshire living. So basically, uh, if it works, I was told that maybe a waiver would be in order if I submit in writing to wave those two that I don't have.

If you mail them out, that's all you got to do. Well, that's what I thought. Well, actually, that's not what our ordinance says. It doesn't? No. No. It says we need the signed return. You read Some people won't sign them. I know.

So, which which were the two the two that didn't uh send them back? Alana boy and I don't understand why I didn't get that one back with the Steven Ropio or Ricopio the guy that just sold the land too. So he won't sign or he hasn't

um and I didn't I I set out to call him but I didn't want to bother him. It's I kept thinking they would show up and show up. But it is here. I have sent them that he sent. That's for mailing. He mailed them. That's it. Oh,

so I think we need the waiver in writing. I have that. And I would request in writing and I would probably just ask you send it regular mail as well. Do what? No, send it regular. Send it regular mail. Oh, I see. because that way even if they're not signing for their certified, we know they've at least

and they've been in their mailbox. Got it. Yeah. Okay. So, I don't know how the rest of the board feels about that. waiver, Barry? I do. call that waved with a condition that it be sent? Now, how are you going to know how I send this? You're not going to get a receipt. Um just

you're going to promise us. Actually, there's a way to through the postal service. They will they'll basically give you a try. Yeah, but it's not a tracking number. There's a way they'll they'll certify that you sent it basically.

letter describing what I'm doing and when. Um, Calvin for the permanent file. Couldn't this point if you have the waiver and I agreed to send those two or well if it's wave so it's either complete or waved you won't get both. So, in this it's wave.

Oh, wait. Oh, there is a wave. I'm sorry. I didn't even see that. Waved category. Why don't we just wave everything? We get you'll be writing all night. Okay. So, four site plans provide an is drawn at a scale sufficient to allow review of the items listed under the approval criteria but at not more than 100 ft to the inch scale. It looks like this is 100 ft to the inch.

Yeah. And I think it's detailed enough for me, but what are the people who are better at reviewing plans than I think? I think what we're we're still not really seeing though is um a plan for the road itself so that we can look at the road criteria. So this is a property line plan which is great for all the setbacks and road frontages. road criteria is it is the uh on the plan.

Well, you just got a cross-section. Well, that that is what we use. That's how I have to build the road. So, I think John, I think that's a different criteria for completeness. He's looking for a plan of profile, a road the right one.

street plan. Okay. I'm sorry. I was you are right. 36. That was the plan. I was thinking complete. So I think number four is complete. Yeah. All right. Five. Site plan and application contain owner's name and address name of the engineer or surveyor or both preparing the plan.

Six. site plan and application contain names and addresses while abuing property owners. We have that list we have got CMP. We have this I guess today on site plan. It's not on the site plan though. I think they are. They're all on there.

We got CMP. You can't read them, but you can on the big one that Honeywell Calvin has and I have Bartlett. Okay. Bowie and Uber. So I think that one's complete. Yep. Yes. Seven. Site plan contains date the plan was prepared. North Point graphic map scale.

Calvin, you have the big plan. Yeah. It's right here in the middle page in the top left corner. The north arrow and it is dated, right? Yes. April April 29th. I wouldn't couldn't have told you what that was. This is graphic scale.

So that that one's complete. Yep. Okay. Application includes sketch map showing the general location of the site within the town. Think we've got that one. Site plan nine. Site plan shows boundaries of all contiguous properties under the control of the owner or applicant.

Think we've got that as well. Complete. 10. The site plan shows zoning classifications of the property and the location of zoning district boundaries if the property is located in two or more zoning districts or abotss a different zone.

The application said rural residential You've got resource protection that runs through it and I don't think that's not really shown. Yeah. No, the resource protection would be this wetland is was the intended use of that map. Whether they got it right or not, usually they're off by

Right. had some issues. So, I think we just need that shown on the plan. So, that's incomplete for now. So, what are you looking for? You want what? Yep. So, it needs to show the zoning boundaries. We've got two different zones that run through your property. You've got the resource protection that runs along the stream and the rest of it I guess is in I'm guessing is rural residential. So that'll just need to be labeled on the plan.

Show on the plan zone boundaries the resource. Now is that online? I don't believe that map. He's and he's and he's going to guess where that is on the face of the area. So my guess is he's just going to go out and have to loc what he's already located is this. He's going to take his delineation and then he's going to do the distance offset from it for

which he's already done here. Right. But then it's not just the actual line of it. It's the so many feet from the resource. Right. 11. Application includes boundary survey of the parcel including complete description data by bearings and distances made and certified by a registered land surveyor.

So I think we just don't have the certified. It's not stamped or signed. That one is These are just for your use. Well, that one's not stamped or signed either. Um, it will be when we That's what you really want. So, we'll just check that one is incomplete for now.

Okay. Which I'm sorry I don't that was what 11 11 11 buildings set back required by the land use ordinance. Yep. That's those dotted lines. Yeah. Y completely. Site plan shows the location dimensions and ground floor elevations of all existing and proposed buildings on the site.

Are there any existing buildings? No. And you're not proposing any in connection with this? Folks will come in for their own building permit. Yep. So, I think that's complete. What about the proposed buildings? I mean, are they looking for that or

we don't have any at this point. You're selling them as lots, right, Barry? And then folks will come with their own building from it. That could be an NA or or complete whichever one you prefer. I think we're complete on that one.

14. Site plan shows the location and dimensions of driveways, parking, and loading areas, and walkways existing and proposed. Did U. U Brian brought up uh the recommendation to move this driveway, but the problem being I've already sold that property, so he has the right to do

Yeah. You know, I have to include the land, but the in the subdivision, but he's already owns it, so I can't really tell him where to put his driveway. And these are, you know, these are all proposed driveways anyway. I think people always put them where they work, you know, the best for them. Uh I don't think the planning board I mean I I remember at one time uh the planning board was concerned with entrances across from each other because someone's coming out of the house putting headlights on the neighbors you know that kind that's why they want to see that kind of thing but ultimately I think they once they buy the land they unless it's really nailed down and I don't

the only thing I don't want to see is what I'm seeing all over town is is they come off these hammerheads and then when we go to plow we're filling people's driveways and that's the most ridiculous thing ever been allowed. What he's talking about, in case you don't know, is they do this hammerhead. It's a turnaround. Fire trucks, e any emergency vehicle, plow trucks, whatever. Town to town isn't plowing this, but it's a turnaround and people put all over town, put their driveways off the end of one of these things,

and it's ridiculous. For one thing, everybody comes in and turns the headlights in your yard. You know, it just all the ones we haven't all the ones at our town roads, we're now shoving snow in people's driveways and having to figure out how to get around them because no one ever located the driveway that they just can't be on that hammock.

So, were you complete for that? I think we're complete. intersecting roads or driveways within 450 ft of the site. So, are there any driveways? No. On the other side of the CMP? Uh, no. Not within It's like over 500 ft for the driveway.

Okay. The CM CMP is 400 ft and it's at least 100 foot from where you were. I thought you would have stopped. The neighbors know you cuz I didn't drive up there. Is there anything on the other side? No, nothing. Excuse me.

So, I think that's complete. Yeah, like roads, accesses, logging roads, that kind of thing, but nothing. 16. Site plan shows the location of existing and proposed subsurface wastewater disposal systems. So, this brings up the uh subsurface wastewater disposal system,

analysis, review. Okay. So, what's happened now is uh that's going to be incomplete at this point because he was getting ready. He was working on this when all of a sudden all it starts snowing every day. So he is when he does the before we come back he will when he does the vernal he's going to uh do the test holes at the same time and it will be on the final plan.

Okay. So it's basically incomplete. Okay. So he's going to map out where the Oh, they'll be on the plan. Okay. Perfect. Yeah. The test there'll be test holes. Yeah. Uh on every lot. Okay. Okay. and we just didn't we were getting ready to do it.

Will satisfy. Um, so are you talking about 16 or 17? I think 16 says, you know, do you have you have you laid out your septic system and leech bed or whatever you're doing for a subsurface wastewater disposal system. And then I think 17 is the soil test pits

actually. Uh, so basically uh 16 should be NA and 17 should be incomplete. Okay. And why should 16 be NA? Because it we are doing test pits, not uh disposal systems. The driveway, the owner should come back and let you know where they're putting the septic tank.

That's not part of what we review as the subdivision plan. No, it isn't. No, I mean, usually people that buy a lot are going to move it to where the house is going to go and they work that out with the site evaluator for that.

It's kind of looked at as cumulative. Yeah. And it shouldn't it be if you're going to have five or six houses added to this small area, they're all having wells drilled and they're all putting sewer systems in. I would think that it would be looked at as a comprehensive. But we

and actually my you're you're correct and my surveyor mentioned that he said that's why we do the uh soil test not like right next to a line a property line because it has to be 100 ft from the neighbor's well. Not just on your site, but if the neighbor comes in, puts his well, he can't,

you know, put it within 100 ft of that soil t soil pit. There's we have a condition or something here. codes during the inspection. You have to follow the services part for the septic. You have the offset distance for the wells. the site of value won't design it unless he's 100 feet in a neighboring well and all that. So that usually in an area that size you wouldn't have a problem. If you were in a cluster development where there were halfacre lots I'd be perhaps thinking about it but in an area that large I would

yeah I don't know but also there is an issue in town with people's wells you know going dry quite a bit. I mean, I just I think that this is Well, that's another question. That's another one of the ones on here that we hydr hydrarology

and that's been addressed in here, too, with the with the report from the from the state with the locations of the wells in the area. So, why don't we kick the can down the road, call it incomplete, and if you want to request a waiver in writing, Barry, maybe do that for the next time around.

Which one do you want to call incomplete? Six. 16. 16. Okay. And you uh need a waiver. Need a waiver. A a letter. Need request letter request. Wait. Okay. So 17's the site plan shows soil test pit locations is what you said is forthcoming. Yeah.

Yeah. That'll be on the final plan once we get through all this. 18. site plan shows the location of open drainage courses, wetlands, stands of trees, and other natural features. I would say that's incomplete. That is complete because it's it's all on that. That's that plan.

Didn't you say the rental pool is that's Oh, I see. I'm sorry. I didn't let you finish. I apologize. No, that's right. I mean, I think we should include rental pool. I have a proposal. Okay. Put a note there of rental pool.

more. What about trees and stuff, guys? Any of them there? I don't know. Yeah. Is that what you're saying? Well, I mean, you know, stands of trees or other natural features. I mean, there's no fields here. There's typically in this one where it's so wooded, you'd be

Yeah. surveyor typically does a a tree line, but I think the whole thing is trees. All trees, right? It's all trees. Okay. It's It's a wooded area. Tree line. All right. Okay. 19. Site plan shows the location and type of proposed landscaping.

assume you're not doing any landscaping. You're just selling a lot. Right. Right. Right. Do how do we Yeah. If you had to do I mean if if he's not doing any then that's complete I think. Complete. 20 site plan shows location of any public areas proposed.

So I don't think there are any NA or complete. The only question only question I would have on that is that trail is is that a snowmobile trail? Some type of recreational trail or what is it? comes out of the hammerhead. You typically want to try to reserve areas for somebody builds a house right in the middle of a snowmobile trail.

Oh, that's that's just showing a road that's there like a logging road. That's all that is. So, there's no snow active snowmobile trails. Just an old uh Twitch trail logging road if you will. You're not proposing any public open areas or

No. Sounds like maybe it should be a snowmobile trail. The whole road's a snowmobile trail. 21. Site plan shows the direction of drainage across the site, both existing and proposed. We've got that. Well, we have existing,

right? We don't necessarily have proposed of how he's going to drain his roadway. You did mention a pond, storm water pond. Nope. Uh the pond I mentioned was for fire suppression. if you're uh you can't have a subdivision more than a mile and a half from an existing and approved water source and I've already spoke to the chief but this is something the board asked the chief to look at so he will have to give you a letter saying that I am and we've talked about it and we both measured it and it's within the mile and a half of a hydrant on Stackpole Road.

Do they have a storm water thing in here? may be there, but it's nothing we've ever I don't think I've ever seen unless it's a huge subdivision or a business park with with a lot of impervious. Although we're cutting a lot of trees, you know, this is fully forested.

48 is a storm water, right, management plan. So, but John, you're saying we need the drainage off the road, right? Because when you read added in Okay. Basically, the drainage, the way I see it, the drainage is the pitch on the road. The rest of the water course is shown on the map. So there's no other drainage uh requirements you could come up I mean that you could show the water course is what it's called I believe isn't it? Uh the directions on the map the arrows on the map

shows where the water is going shows the way the water is running currently. Right. So wherever when you build your road, as long as the water wasn't, you know, headed up up to the road there and you blocked it off, I don't see it as an issue, but whatever you I don't know how we'd address it.

I think we just need it shown. So we have an existing, right? This this plan shows existing. I think we can say this is complete. Then when we get to that is 40 whatever for the road plan. Yeah. You're looking for a profile. This this one, right?

So you're you think that's complete, John? You're satisfied? That's complete. Okay, we'll say that's complete then for the drainage. Yes. Okay. 22 site plan shows the location of existing and proposed private wells on within 100 ft of the property.

So there there is a pl there is a a plan from the state. uh it's required uh that we get that and it shows all existing wells in the area. Okay. What about the proposed that again is just like septic systems. It's all done with code.

Uh you can't show you can't uh tell people where to put their well until they decide where they're going to build on that on that lot. I mean, you could kind of you might think that on a smaller one, but you you got a five acre lot or or a bigger lot and they could you don't know where they're going to put the house.

addressed that thing in any subdivision with lots of this size. I wouldn't be too worried if you were looking for a cluster development where you were going to put land aside and then make them all small lots where you were going to be right on top of each other. I would I would see showing a So

wave that one. Wave that one. Complete or NA. So why don't we call it incomplete and Barry can request a waiver in writing that we'll consider next time. Does that make sense? Just like we're doing with the septic. Yeah.

Mhm. Okay. request a waiver for that. Waiver. Okay. 23. Site plan shows the location and application includes the front view and dimensions of existing and proposed signs. No signs. Okay, that's complete. No subdivision sign road or anything.

Just a street just a street sign. It's up to him if he wants to have a subdivision sign to sell lots or something, but maybe that's what I don't have anything proposed. I don't have anything planned. 24 site plan shows location and type of exterior lighting. Okay. Is

there going to be any? So, this is more for site plan pipes or anything. Yeah, it's more for site plan review. Like if somebody was going to put in a commercial facility or something. Yeah, we but we don't have site plan review here.

I like I like the NA instead of complete on some of these things because they just don't apply to what we're doing. So that's basically what the NA says. Not applicable. So So you don't have any any road lights or any street lights or anything like that?

Nope. So complete. So complete 25 application includes a utility plan showing in addition to provisions for water supply and wastewater disposal the location and nature of electrical telephone and any other utility services to be installed on the site.

So how are utilities being handled? All all done by the landowner. When they buy a lot they're responsible to get power to their lot to their I have power to the property. I have paid CMP to put power to the first lot and from there

whoever buys a lot uh if you bought the one way in the back you might have to pay $67,000 or whatever to get power back to your place and then what happens is you own that line. Uh if somebody builds in between every house that taps into that power has to refund some of your money. That's how that's dealt with. So, are they are the lots going to have a utility easement running up the road?

The CMP What happens? Yeah. Well, what happens is you give when CMP uh runs power, you have to give them an easement for this right away. An easement for each of the whole locations. Yeah. I I Right. But you as the property owner would have to have an easement to to basically get CMP in there. Yeah, but basically what we're looking at here is I'm just looking to subdivide this land and sell a lot and there's no proposed buildings. There's no All that comes down the road with the people that buy the lots. Correct, Galvin? I

Yeah. Well, I mean I I mean a lot of times towns will want to see you give this to CMP and they'll give you a preliminary plan. and put three or four poles on there. But when you deed this uh uh typically there's an easement to CMP over the road and they'll put together a plan that shows three or four poles and

but the easement doesn't come into play until someone asks for power and then each one of your lots the deeds that go out will say together with a right of way as shown on the plan for all purposes of the public road to be used including utilities etc etc. Right. So they're there right away.

Then they can get from the poll. CMP now has an easement because you're giving each landowner an easement and then CMP has an easement across wherever they want to. Someone Okay. So someone needs to approve the utility or review it in from town needs to review that easement. So is that going to be the code enforcement officer in which the land owner comes to I'm just looking at you because you're injured. I'm sorry. Goes to you and says, "Hey, this is what this is where I'm putting my well. This is the utility."

I don't think they do. I don't think they ever have CMP. Basically, that easement to CMP is just to give them a right to come in and and take care of that if there's a problem. They won't you can't go underground wood poles or anything, excuse me, without an easement given to them. So, they can access that for repairs or whatever.

Right. But my issue is, so you sell lot number four and you don't give them a utilities along your road. Yeah, they right away they say, "Well, wait a second." So they say, "I want to put power here." And CMP says, "Okay, well, we need to come in and here and put it. These folks don't have an easement and you tell them to go pound sand. You have no right to put poles in my road."

I know that's not going to happen, but if you're not deeding this person a utility easement over the road, we are. You are. So that's in the Oh, yeah. In the proposed deed should say together with a roadway as is. It's already established and it I can't remember the technical how they write it but it you know you have the rightway and um

utilities for egress and for utilities. Okay, it's all in the that'll be in a proposed if you just bring in a proposed uh legal description for just pick a generic legal description for a lot and it'll say it in there. You can just show the easement here. You can just say that that's a utility easement as well on the plan. If there's a utility easement that runs up the road,

there will be. There isn't, but there will be have to be with every lot that's sold because Right. So, if you just show that on the plan that there's a utility easement that runs up your road. Okay. I think that's good enough for me.

Okay. So, we're looking at what 25 is that? Okay. Where's the Where does the existing power terminate now? That's a good question. at uh he's got a house here, right? Yeah, at that house. But nine seats. Yeah, probably. Was that Joey? Yeah, the ban. Yes.

The last house on the right. Correct. So, how's it going to get from there to I have already paid CMP the fees because they don't do anything unless you pay in full up front. I have paid that and I'm going to excavate that this spring and put that power in. And I have

We'll need to see that on the plan. I think that's what this long Well, see, we don't have here, right? U get that on there. Okay. I would have to add I guess I could have them add 25 that the U Granite Hill Farm Road, but

not all the way. I don't know how we would show it all the way to Stackpole Road, but the power is to just below the power line on this. Let's see. It doesn't show the power line on that plan, but basically to the right of that, what you're looking at is 400 ft of CMP property. And the power now is just below that 400t line on that road.

So, aid to go to the top of the hill right here. 9C that we were talking about the right to the right. The power is already right to the edge of the power line. So, it would be good to see Yeah. the utility line going or easement going over this way and then

well uh the easement uh going onto mine I can do but the easement is covered by the in the rightway basically uh for Granite Hill Farm Road but I can uh I can do something with that I guess for you. So the power power currently crosses the transmission lines

under it doesn't cross it's going to I have to dig it. All they have to do is dig it. Oh, they won't let you do it. They're going to let you and they're going to run. Oh, yeah. I've already paid underground. Yep. They've approved.

Yeah, they want it under I know lots of times they have a fit about that. Yeah, they don't want it above ground there. Don't ask me why. They do it everywhere else. But when we did that, they wanted it underground. Okay.

Uh I've dealt with them. I've dealt with the pipeline, the cable. Uh it's all ledge. So where I can't get deep enough at 3 ft, I have to encase the conduit in red concrete. We get a bunch of hoops. We jump through with these. And they're going to be on site when I do it by the power line. We can't do any digging or any work. It's quite

I had seen that one. I've been Oh, yeah. I've been I've dealt with all this with these people and they're all We're all It's paid for and they're in line to get it done. I was going to do it already, but they wanted me to wait until they finished their

What do they call that? Program. M. Yeah, the big update on the power line. They didn't want me messing around in that whole project until everything was cleared and they're done with the D and I had had to get involved in their big mess and they didn't.

So, how does this guy have power right here? He's across the power line. How does he get power if there's no power coming across? Which guy now? Where are you? This lot you already sold yet. Oh, he has paid to go to his That's what I have paid for.

Oh, he hasn't built a house yet. No, nothing. But I'm putting power to his property. Okay, that's part of our agreement. He is the only lot that has power to it. When the next lot I mean it's no different than it's the way it's been done forever. I mean I did I mentioned the Granite Hill F I mean uh Oak Ridge when I built the house up there. I uh I paid to put the power in and then when I sold the house the ownership of the power line went with it. I didn't know that. And everybody else put a house in there and got power. That guy got a check. He got my money.

Jeez. Nice. So, um, extending the power. Each time you sell a lot, you're going to extend the power, but you're building the road all the way through. Correct. The road is built to completion. Okay. And uh, so you're going to

the road's 24 ft wide and the rightway is 50. So, there's room to install power. So, you're just going to dig along the side of the road each time you need to extend it or somebody will. And if somebody buys way in the back and they don't mind spending the money to pay for that whole project, they'll have to. That's the burden of, you know, the guy that buys the lot, if he wants that to be in it back. And then again, like I explained, anybody who builds on these other lots after that, they pay a fee,

even though it's all been paid, but that fee goes back to the guy who put that power line in, unless he sells it. I think what the board is asking is if the guy buys lot four, how is he going to realize or know that he might get a bill for 10 or $20,000 to put power into his house? Is he going to know that? buying that lot and he's dealing with me, it'd be prudent on his part to be asking those questions.

Yeah. I'm not sure that's our problem at this point. As long as he's got an ement, I don't care. Yeah. So, we calling that incomplete with Yes. incomplete. And he's going to add some language onto the plan. Okay. So, it's incomplete. And you want

see um on um utility. Yep. Utility easements. plan? Yes. Okay. I don't see why not. 26. Site plan shows the location and application includes the quantity, storage and containment of any hazardous materials or petroleum products in excess of 50 gallons intended to be stored or used on the site.

NA we don't have complete. Okay. 27 site plan shows the location of all river streams, brooks, wetlands, and vernal pools within or adjacent to the proposed subdivision. Incomplete. Yeah. So I would if you guys want to modify 18.

Yeah. take away 18 as complete and sorry that's why I did it in pencil. So you want 18 complete. Yep. Yep. And 27 incomplete just to show that there are no pool. Okay. 20 28 site plan shows contour lines at one or two foot intervals specified by the board showing elevations in relation to mean sea level.

These are these are four foot. Does that do it? Board board could wave them if they want to. Comfort's better than I'm looking at our two technical folks over here. He's giving us better contours than it says we need. So, I'm good with it.

He's giving us better contours. Okay. Yeah, I paid for those contour lines. Believe me, he g us better. He said two. He gave us four. Oh, I I Well, no, two is better, right? But he gave us four. Four is Yeah, four is not as good, but think for what? Where?

Yeah, exactly. No, I agree. But I was just thinking Yeah. No, I I my mind back. So, do you want to call it complete or do you want to call it incomplete and just get a waiver sounds what you said to make it consistent with what we've been doing.

Oh my goodness. Barry, would you just ask what was it complete? It's incomplete, but just ask us for a waiver in writing. We'll give you that one. It's 4 foot and the ordinance calls for two. Where that might come into play is where you're looking for that road profile. They might need it to do the

Yeah, you might end up doing it anyway, but they can't do a road profile with a 4ft contour, right? Don't think, but see. So I'm confused. Incomplete with a waiver ins on the from 4 foot to two foot. I mean if two foot two foot

and size of existing and proposed sewers, water manes, culverts, and drainageways on or adjacent to the property to be subdivided. We don't have any culverts. Cvers proposed. Proposed would be for like in the new roadway, but that would come under that road profile.

You have existing code, right? Is that Yeah, they may have some on. If he finds them, he puts them on the map. Yeah, they are. That's actually So, yeah, the proposed would probably Yeah. come with a road design. Yeah, there we got to fix some of these.

I know. Actually, any proposed if there are on there any There will be no more proposed because they're already in that road is in place. So if the culvers were going to be needed, well I think it also depends on your design of your road too though just might need it maybe.

Don't believe it because it all there's only one place. It's all uphill both sides and it comes to that one low spot where you see the cul. If anything I'll probably make the cul longer but that looks like it's for a snowmobile bridge or a small it's probably too short for a road but

that that existing. Do we want to call that complete at this point or John? What are you thinking? or do we I mean let's just say it's incomplete. I think when we get to 36 that'll end up overlapping with all of this. Yeah. Okay.

So incomplete and he's going to waiver or No. Yeah. The trouble with incompletes is I have to complete them somehow to get final approval. So yeah, but with your road design once you hit like number 36, if you look at what's required for 36, when you go look at that, you'll your engineer, your surveyor is going to probably complete everything you need for we're talking about a 29.

Well, he has that is the road is in there by meets and bounds and the crosssection is on the map. So that that's all that's required for let's get let's go through the rest of them. Let's get to that one. Okay. So you're going to incomplete 29.

Yep. 30 site plan shows the location and type of any easements or restrictions. Mhm. You're going to have a right away over the road access. So, there aren't any other easements or deed restrictions or anything that are going in?

No, I think that one's complete. Well, with the utility easement that's going to go in 31 site plan shows the width and location of any streets, public improvements, or open space shown upon the official map and the comprehensive plan, if any, within the subdivision.

What? We don't have a comprehensive plan that shows. So I think this is well I'm going to get an NA out of you people yet development. So I think we're So we've got the width and location of streets. We don't have width but again that'll fall under number 36.

You do with the the road profile. Yeah. The road profile states the width. Okay. It's the whole deal. Pitches, grades, drainage. It's a Yeah, just it's a little hard to read on this one, but it's clearer on that. Yeah. I'm a little confused about the reference to the comprehensive plan, but

it shouldn't be in there. Uh 32. If any portion of the subdivision is in I'm sorry, was that complete? Yes. Yes. Sorry. Okay. Um to keep straight. If any portion of the subdivision is in a floodprone area, the site plan shows the boundaries of any flood hazard areas and the 100red-year flood elevation as depicted on the municipality's flood insurance rate map shall be delineated on the plan.

We want the flood map. I haven't had a chance to look at we have flood maps and you could overlay it over this and see, but I haven't. I think it would be good to have that. I see a note in here that says no portion subdivided lots appear to be within 100year frequency flood hazard zone, but it still would be good to

when you put it in the file. Yeah. make it complete. Just get a copy. Get with code. I know my friend Kevin here almost flood plan. Is that what So what are you looking for him to get you? Just get a copy of the flood plane. A snapshot of his area

of this area with a flood plane. Have him overlay this with the flood map. Yeah, that's easy for him. He can do that. Okay. Incomplete. Yeah. And flood plan. Just have him call me and I'll tell him. You know it says in here that you people have to give me a list of things that aren't complete in writing.

I will give you a copy of it. Okay. At the end that'll be a fun plan overlay. 33 site plan shows areas within or adjacent to the proposed subdivision which have been identified as high or moderate value wildlife habitat by the main department of inland fisheries and wildlife or within the comprehensive plan. Do you did he um if he does wetlands and verbal pools? But he does have experience with wildlife

fisheries. That's on a do D website. So I mean you can go on the website and look at and if there's anything in this deer wintering areas or anything just overlay that as well like if there's a deer wintering area or anything like that

or just a letter saying that there are no Yeah. From from your survey will know what that is. Okay. won't take him very long. Incomplete. And what are you putting on there that you want? Uh so either show them on the map

or a letter saying there are none or the surveyor certification. Okay. adjacent to the proposed subdivision which have been designated to have a critical natural area by the main natural areas program or within the comprehensive plan.

Same thing from there's a website for that too. Yeah. Goodness. So what are you saying? What are you Same thing incomplete with the same as number 33. Show the plan. show on the plan or or some kind of letter certification.

when we're done. Be overlaid so much be so much stuff on there you won't be able to read it. A lot of times they'll have different versions of one will show, you know, wetlands and natural areas. One will show and you don't have to get um descriptive with the inland fisheries or main natural areas. You can just do like a polygon of your site and then you know

the wildlife areas or something. It doesn't have to be. 35. Site plan shows any area designated as a site of historic, prehistoric, or archaeological importance by the comprehensive plan or the main historic preservation commission together with information about the significance of the site.

We have a letter. We've got a letter that says that there's nothing with the letter. So, that one's complete. Get a complete one. showing a plan view profile and typical cross-section of the proposed streets. The plan view shall be at a scale of 1 in equals no more than 50 ft and the vertical scale of the profile shall be 1 in equals no more than 5 ft. The plan shall include the following information. Date scale and north point indicating magnetic or true. Intersections of the proposed street with existing streets. Roadway and right-ofway limits including edge of pavement, edge of shoulder, sidewalk and curbs. Kindize location material profile and cross-section of all existing and proposed drainage structures and their location with respect to the existing natural waterways and proposed drainageways. Complete curve data shall be indicated for all horizontal and vertical curves. Turning radi at all intersections and

center line gradients. So that's your big one. Wow. complete. Well, it is on the plan, isn't it? I mean, the cross-section is there. Well, this one shows the the slopes, the grades, like how steep the hills are going to be, and it's a profile. That's This is a siz. Yeah. Going the long way.

It's the It's the profile. shows the slopes and the you know I could be I could be wrong but I don't think I've ever seen a subdivision where it was required in this town of even a road profile. I really don't. Jill, you've been on the planner board for a long time and secretary and have you ever seen that done?

remember some hassles with uh Kirk Heel, but I don't know where that wound up. That had nothing to do with this. nothing to do with what this is, but I remember him getting hassled about some things. I mean, uh, the reason I'm only doing a five lot subdivision is to stay within the guidelines of getting into a, uh, more requirements from the state and more surveying and more requests and a lot, you know, a lot more things uh, hoops to jump through. That's why we stay with a five lot subdivision. This has never been required to my knowledge. And again, I've spent time on this planning board and been and done a lot of business in town with the planning board before that and I don't ever remember seeing I mean

this kind of thing required. It's it's in our ordinance. It's an criteria we need to judge. We have a requirement to make sure that there's adequate access for emergency equipment for to respond to those citizens even though they're on a private road,

right? Um it's you know it's something we need in order to evaluate the application. So isn't that done with the road profile? I mean that tells you what that's just a cross-section of the road, right? It's just a cross-section in one direction.

It it doesn't give us any indication that the culverts are going to handle the volumes of water, that they're not going to wash out in an event. um any of those components that we're looking to to avoid troubles for the long term.

So, are you asking me for an engineered road? That's is that what you're saying? That's pretty much what I'm not saying. That's what the ordinance is saying. Well, um I don't don't get me wrong. We're having a discussion. I'm not arguing the point, but I don't it hasn't been done. I I would bet money on that. And the board does have the um I don't know what the word I'm looking for the right to take, you know, do what

they I mean, you could make this so difficult nobody could ever do anything if you chose to. You know, it wouldn't probably not the best way to go, but you do have leniency. uh it's available. It's a it's it's uh available to you. And if it's never been done and never been called for, I can't imagine why I'd be the first.

Well, just because things have been not done correctly in the past doesn't continue to do them incorrectly. Um you can request a waiver and rating that we can consider, but we may deny it if we think we need the information to to meet our criteria.

Incomplete. So, this one's incomplete. Um, ask for a waiver or get it done. So, that's up to you, I guess. bucks to get that done for that right there. the other pieces at a certain point that's going to need to be paved.

right, third building, right? are going to be some changes hopefully in town. I'm not going to make this big speech, but what we need to do tonight, you know, to raise uh taxes to help pay for everything in town, one of the things that's going to have to happen and going to have to be encouraged is what I'm proposing here tonight is building projects. Uh I was just tossing around numbers earlier real quick. I mean, a new house in town could conceivably be $4,000 bucks a year in taxes times five is $20,000. In the 10

years that you might uh do a road project that would last 10 years or to pay it, it would be one. It' be uh $200,000 of what it would cost to redo a whole road in this town with the one project. So basically uh hopefully the town or the comprehensive plan and planning board and everybody at some point will try to encourage this kind of development because we need tax base in this town. We don't want commercial. We need tax base from somewhere. And the only way we're going to get it and still be able to live with ourselves is encourage building. So, that being said, what I'm getting at is, and I'm going to ask for a a a note in this once we get through all this, that if the uh

ordinance change and it's going to come about that there's no reason where a town is not going to take over any way, shape, or form, put any money into maintaining that road that what we're going to I think the uh contractors are going to get together and meet with a comprehensive plan. It makes no sense to require paving because it's just a big expense that limits the people out there trying to do these subdivisions, which is what the town really needs. So, basically to to encourage uh subdivisions and building in this town, which is what we need. We need the cash flow. We need tax base. So, that's going to come about. So, in the end, I'm not sure how I don't know if you see what I'm getting at, but I'm going to ask that when this subdivision is approved that if further um um what's

the word for if if it changes the road profile or the requirement for paving changes that I be allowed to change with it. If the ordinance changes, you want a condition. You want a conditional approval that says if the ordinance changes

at some point I have to get that into the check on we have to check and see. But that's okay legalities of that, right? I I mean I I spent a lot of money. I'm not I don't just you know I've been a long ways through this. I ran all these questions that that I'm talking about right now. Been through it with my attorney. He suggested that I ask when this is approved that it can change when the when the other requirements change.

That could be a note on the plan if the board so chooses to accept that. That that would be a conditional on the plan. If it's something we determine we can right do, right? 37. Applicant has provided verification of right tile or interest in the property. That one's complete.

most recently recorded deed for the parcel. A copy of all deed restrictions, easements, rights of way, or other incumbrances currently affecting the property. that went with when you deeded out lot one? No. No. Um, you know, I'll take an incomplete on that one because I do want to put something in there that there would be no mobile homes. That I did tell the guy, but I realized as we talk that that needs to be a uh

what do you call it? Not deed restriction or covenant. Covenants. Yeah. Is there where you cross the gas line? Is there any easements needed with that? No. No. I argued with those people that I was there before they did that. If anything, they stepped on my toes. So, no, they're not that is not an issue.

There's a gas line. Yeah. On that Granite Hill Farm. Yeah. Oh, okay. This is kind of outside the bounds of this. I just This is the access. line. Yeah. It's not on my my It's not on his land. Right. wastewater disposal system test pit analysis provided by a licensed site evaluator.

We already asked we already dealt with that one. I think you said that he is working on he's working on the test pits. Yeah. Right. I thought I thought we I thought we dealt with that one. I was trying to get my notes. Uh

I'm trying to figure out how that's different from the other one that we had. I know. 17 is the same. I guess just showing. Oh, they just want to show it on 17. And then this one wants to actual an analysis of tests. They do the same like your soil inspector or whatever can do that.

The soil test says uh that it will uh pass a septic design. You can one can be designed here. So, are we requiring that analysis for this or is it just I guess the test kits will tell us. Well, when they do them, they give you an 8 and 1 half x 11. It shows you all the soil profiles and all the analysis anyway. So,

so we could get a copy of that. When they do them, they're going to give you the 8 and 1 half x 11s. Just submit them. Yep. Probably would have moved those up so they were next to each other. Yeah. Like the deed is way down here asking if you've got right title in way down here. I'm like that probably should have been number one, but See, none of, you know, none of this is usually done until someone buys a lot, and you can't sell a lot until the subdivision's approved. So, you're kind of putting the cap before the horse.

Well, I know, but we're also supposed to say that this isn't going to cause a pollution issue. And so, I know we're I hear you, but trying to do what we're supposed to do. If you're going to do the test bits, they're going to do them anyway. So, it's just uh

Okay. So, where are we at on that? Incomplete. incomplete. You want test test pit results. Yeah. Yeah. The test pit analysis. I'm just trying to understand it what you want. That's all. So they got to they got to get do this before they put them on the plane anyway. So it's

Yeah. provided evidence of volume of water available to satisfy the needs of the proposed use including for fire protection. You had said that you had talked to the fire chief. That's something the planning board will have to request from the chief. He says he believes that's how it works.

Okay. I could if you want I can get that letter from the chief. If you require me to get it, it's not a problem. He thought it worked the other way around. It's part of your checklist. So it's incomplete. It is correct. It's incomplete then.

Well, we got there's more than one part to this thing, I think. Uh I mean what part of water part of it is the fire protection, but yeah. Oh, so that water availability is talking about fire. Well, I think it's both, but

of the proposed use, which is Yeah. So, I think for residential use, there's enough water as well as firework protection. So, the fire department is going to tell us that. The fire department is going to tell us that we're within this subdivision or the last house in this subdivision is within a mile and a half of a town approved water source, which is a dry hyd. A couple more questions about water

supply. So I guess you say that one's incomplete. Chief. Yeah. Is that what she's writing that list to give me? Yeah. Where is code we not have? H 41 applicant has provided highintensity soil survey if required by the board.

That's not super clean. So I would suggest Barry ask for wave on high intensity. See I'm giving you one Barry. Thank you. I'd rather have an NA but you're not giving me one of those. It says if required by the board. I don't think this project requires high intensity.

No, I was going to say so if it's not required by the board then we can say that that's complete. Complete. Okay. Yes. Okay. Complete. Okay. We're going to have soil beds. private wells, applicant has provided evidence of adequate groundwater supply and quality by a well driller or hydro geologist familiar with the area.

That is covered by that letter from the state that shows the wells in the area. Well, that's that's what's been used in the past. Yeah. So that what you provided us shows us I think where the wells are. It doesn't tell us evidence of adequate groundwater supply. I'm not

There is no way to do that. There is no way to do that. This is what's been used in the past. Jill, I have to call on you again that you've because you've had a lot more experience than years of it. Isn't that this is what been used in subdivisions and parks in town?

so you just so that these are areas nearby. Yeah. You know the crazy part is is you can't predict you can Yeah. I mean you might go 700 ft on one line. You go 100 feet over and you all need to yield zero still. I don't know if we would.

I think the idea of the board asking for that report and it's actually a location report showing that you don't have 300 wells right here and now you're going to try to get five more and somebody's going to be hurting for water. So that basically shows that they're really

Yeah. There's we're on ledge there's plenty of water. 43 applicant has provided groundwater impact analysis prepared by a groundwater hydraulicis hydra can't that word for projects involving common water supply or sewage facilities with a capacity of 1500 gallons per day or greater. So this isn't a comment. So it's complete,

right? Applicant has provided 44. Applicant has provided proposed homeowner and association documents. I have that as incomplete because you said they you'll have some that's a road maintenance agreement. Is that what you're talking about?

Or if there's going to be a homeowner association. Yeah, those documents. There won't be a homeowners association. There'll be a road maintenance agreement. Right. Oh, I thought you said there was going to be a homeowners association. Just uh

so you want a road maintenance agreement to you? Road maint road maintenance. Okay. But if you're going to have covenants like you said you didn't want um uh mobile homes there. Yeah. You're going to get that copy of the covenants anyway.

That would be in everybody's deed or whether he would reference already uh we've already requested that letter of that information on the covenants. Not sure how that's done, but I'll have to look into it. And I should have

So, you're saying that's incomplete for the road maintenance agreement? Is that uh Right. Was road Yeah. Is the road maintenance covered anywhere else? I didn't I didn't I just was glancing and I didn't quite see it, but

I thought we talked about that road maintenance for that. We did before. Yeah. But we didn't. I was just seeing if it was later on our checklist here. the proposed ownership, improvement, and management of all facilities and improvements that will be privately owned and maintained, including streets, open space, drainage facilities, and recreational areas or facilities, including common docks, together with drafts of community association documents. if an association will be responsible for the ownership or management of any land or facilities and a declaration of covenants, conditions, and restrictions.

So, you're going to give us the covenants. Yep. Barry's going to own the road. Barry's going to own the road. There's no open space, common space. So, I think if we just need the covenants for that piece, right? think that maybe a note

you've already asked road is to be retained unless that Oh, because a note on your plan says there will be a road association, Barry. Yeah, we just Right. A road association but not a homeowner. Well, that means that's the same as a maintenance agreement that

Well, actually, they're different. Yeah, that is different. Well, then I'll take that off. Just figure out whichever one you want. We just We just need Well, that has to be a road maintenance agreement at least. Yes. Just follow that. So remove from the plan

will be maintained by the developer. Uh what was what did he call it? A um he called it a road agree association. Sorry, a road what? He said there will be a road association formed for Spring Road. Is that what's on your plan?

Yeah. Well, the thing is it's pretty hard to enforce a road maintenance agreement if you don't have an association to enforce it. It's It's almost impossible to They're all just a terrible idea anyway. Yeah. Yeah. None of them.

But you can put it in a road maintenance. You can put a a road uh what was the other term they used to the road maintenance agreement and the right and then that's up to them how they enforce it. I guess you said you wanted a note saying that the road will be maintained by

Yeah. will be retained just that you'll retain ownership of that road. Road to be retained. No. library. be simple interest 46. Applicant has provided written offers to convey title to the municipality of all public open spaces shown in the plan and copies of agreements or other documents showing the manner in which open spaces to be retained by the applicant or law owners are to be maintained shall be submitted. If open space or other land is to be offered to the town subject to town meeting approval, written evidence that the municipal officers are satisfied the legal conditions and documentation shall be provided.

Can I get one NA? That's not applicable, right? Just say just just say complete. Give me something. If it was we had that category and a complete the same agree our doesn't require open space only if the lots are don't meet the minimum lot.

Yeah. If it's a planned development development rate. So what was it complete? Yep. Jeez, you guys are tough. 47 applicants provided accurate and complete cost estimates of the development a time schedule for construction including anticipated beginning and completion dates and sufficient financial capacity to meet air and water pollution control standards and the other standards and criteria contained herein.

So I think that one's incomplete. And what do you want on that again? You know, and I I know you're trying to do your job as sure as you can. It's just never I've never ever seen it, you know, and It's been as simple as the explanation I gave you that I have my own equipment. I'm going to do it right away. I can I can state that in a letter if you like, but I mean, you could get so technical on some of this stuff that

the ordinance requires people to do that are coming to us for a simple business or a simpleation. So, you've got to give us something to work with on So, a time schedule for construction would be good. Um, yeah. What uh are you writing that to make sure we're gonna because I'm going to bring what you write on that copy you give me.

Sure. Well, I mean, you've got to meet this standard. Um, financial capacity. Is that on another one though? No. Financial capacity. So, you want a sk a schedule. So, we've got a schedule that's in there. So, cost estimates of the development

is one. Cost estimate for roads. uh the development. Okay. Drainage, right? Road and drainage structure. Yeah. So that's probably road and drainage. Now for the financial capacity, I have seen towns uh put a condition on a plan that no building permits would be issued until the road was completed and inspected by the by the uh road commissioner or town that's been done in lie of just so you know that the thing is built.

Well, it's a requirement of our ordinance anyway. Yeah. Um so Barry in that in that number 47 so we need cost estimates of the development so that's probably just road and drainage at this point time schedule including beginning and completion dates and then sufficient um financial capacity to basically build the road um

make sure it's not polluting the water. So what do you want for financial capacity? You want to copy my bank statement? Uh, sometimes we get letters letter from your financial institution. I mean, I've used backing this or paying it for it. You know what I mean? I'm I have the money already.

Okay. From the first lot that I sold is to I'm going to put the road and utilities and do all this. That was my plan. Yes. So once we have a cost estimate, even just a statement by your bank saying you have sufficient funds on hand or through a line of credit or whatever to meet those estimates.

Okay. So so if you tell us it's going to cost somebody give me a number so I don't sound like that detail. material in his He's going to have diesel and he's probably going to have his culverts. Sounds like he maybe already has the culverts.

Okay. So, a letter from the bank basically of credit or cash available. Yeah. Yeah. To cover cover the cost estimates. Correct. 48. Applicant has provided a storm water management plan prepared by a licensed professional engineer in accordance with the storm water management for Maine best management practices published by the main department of environmental protection or current addition. The board may wave submission of the storm water management plan when the proposed subdivision will not involve grading which changes drainage patterns and the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the subdivision.

engineer does when he designs the road. It's not not the case of nothing to show some silt fence the drainage locations and and those things. So when you when you're having him do the road design from wherever that one was 36,

he can show in where you should have silt fences where you should have checked bales just to make sure there's not erosion until everything gets uh seated. Shows that your covers will handle the water and Okay. So, that one's incomplete and it can be shown as part of the

Yeah, I had that. Excuse me. I had that as uh ask for a waiver or get it done. It sounds a lot more intimidating than it really is. sedimentation control plan prepared in accordance with the main erosion and sediment control handbook for construction best management practices dated March 2003.

That's usually a page in addition to it's a canned document they just take from one plan to the next. So you're sure your survey already has that? Oh, wait a minute. So I just I actually did those backwards. I was reading 49 on the last one. So, what are your thoughts on 48?

Do you want a storm water management? Um, does he have enough impervious surface here to warrant it? No, I don't. So, do we want to call it So, do we want to ask for a waiver or in writing from him? So, the thing with storm water is I mean, it's impervious, but it's also what we're like the trees we're removing, but if we're not looking at it as the like he's developing the lots because you're not you're just developing the road.

Right. Right. So it's a pretty low percentage of the site. Yeah. Yeah. Okay. So we're going to wave it. I think he needs should ask for a wave on 48. Okay. So any So when you wave it, you're asking me for to ask you with a letter to wave this.

It could all be in one letter. Yeah. Request. Okay. So all these Yeah. Okay. Then sorry I'm not you don't have to write letter for each one. All the items to be waved. Okay. Now, yeah, waiver letter add two. There you go.

33 letters. Wave. Wave. Wave. Yeah. Well, well, I didn't. And so then, John, you were 49. 49 goes along with plan. Yeah. 49 plan. 51. Looks like we I was trying to through this. 50. If any portion of the subdivision is located within an area identified as high or moderate value wildlife habitat by the main department of inland fisheries wildlife, the site plans indicate appropriate measures. Well, no, this is going further and saying the site plan indicates appropriate measures for the preservation of the values which qualify the site for such designation.

So, I think we can't know that until we know if it's identified. So, I'll call that incomplete. Yes. And if nothing's identified as high value, then it's complete. Right. and complain and what are we doing about it? Ties back

just wait there was um ties to so that ties back to ties to wildlife habitat overlay. Yeah, depends on what number was it we depends on there like a million of them. I think these could be I think these could be organized much more. Well, we we've tried to revise the ordinance. We

ordinance can't get to the bottom of it all. 33 is the high or moderate value wildlife. There you go. What is it on number? Number 33. Um 50 51, right? Yeah. If any portion of the subdivision is located within an area designated as a critical natural area by the comprehensive plan or the main natural areas program, the site plan indicates appropriate measures for the preservation of the values which qualify the site for such stage nation.

That goes along with number 34. Exactly. that part's completed. The third number 34 uh 52 applicant is provided an estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours. Trip generation rates used shall be taken from trip generation manual 1991 edition or current edition published by the institute of transportation engineers. Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions. Planning board may require a traffic impact study if the proposed subdiv subdivision will generate over a 100 trips per day.

Typically 10 per h per lot. So about 50. Yeah. I can't imagine you would need that. No. For this application. So we need to wave ask for wave on that. Right. Right. What you mean? Just providing an estimate. Yeah. So if we have

per lot, right? wave it or we just going to say it's complete? It's or do we want him to give us a written statement on what he anticipates for turns? I mean, I think we can just include that in the summary, right? Right. if it's 10 per lot or whatever.

just add it add to that add that estimate to the project summary or the the project description is what we think works. Okay. just have your surveyor put uh on the So which one was that he was going to give us project description add um an estimated

vehicle trips per day which that's a easy calculation for them to come up with and it should be on so on the And on the uh notes, is that what what we're talking about? It can be the notes or it can even just be a separate letter that you give us summarizing the project

letter with the waivers, right? Yeah. Could be in the same letter with the waiverss. You know, here's the project five lot subdivision. It'll generate x amount of trips. Please wave the following whatever. Now, this doesn't uh this doesn't necessarily this waiver letter doesn't necessarily have to come from the surveyor.

No. Okay. Because No, that comes from you. Yep. Every little thing we ask for, it's like it cost me more money. More money. More money. I'm trying to help Donald. I'm trying to help me out. 53. Applicant has provided a list of infrastructure improvements with cost estimates prior to the sale of lots that will be completed by a professional experienced in preparing such information and evidence that the applicant has financial commitments or resources to cover these costs.

Didn't we already do that? Is there anything besides the road that would be considered an infrastructure improvement? Utilities, right? The utilities are paid by the people that buy the lots, right? So that just goes along with 47.

So So we'll call complete or incomplete. So we'll call it incomplete, but the same as 47. So if you provide us what we need for 47. Okay. So you're looking, it'll meet that same. So, we're looking for Yep. So, cost estimates for the road and drainage and then financial capacity, which is your bank's letter.

So, the bank's letter is going to answer satisfy two of those requirements. Yes. Along with your cost estimates, they want a cost estimate of what it's going to cost to build that road. I understand. Yep. 54 applicant has provided copies of applicable state approvals and permits. So, what I'm what I'm curious about is the um uh I guess the wetland um the closeness

we are to some of the wetlands here. Um so I think the state is 250 ft from a wetland. Well, that's a freshwater wetland. These would be forested wetlands. These would be forested wetlands. They're not regulated. freshwater wetlands has to be 10 acres or more of trees uh incapable of sustaining trees of uh 6 m or more. So it's very unique. It's a you could if you look out across it, you'd know it was something very unique. It's swale grass and parallel

in our in the rags here um that Ann printed for us. It should if it says freshwater wetland this none of these would just says wetland. It just says wetland. Well, I don't the 250 is usually really veral vernal pools if they find any verals there's a distance requirement from almost every property has a

I guess we're just making sure number 11. So I think you might also you've got more than an acre of disturbed soil. So I think you might also need a narco permit. site law. Um I think maybe if if your surveyor could just contact the agencies that

like if u vision of inland fisheries and wildlife and then get something back from them saying you know everything looks okay. Whereas I think you'd be DP for this piece. So for Nerfa or Shorland you'd be looking at DP. You're right. Yeah.

I think, you know, when you get your guy to design your road, if you had that guy, he could easily answer these questions and say you're either exempt pursuant to, you know, he he'd be able to answer that right off. So, I think there's an exemption for road. Uh,

so I think either your surveyor or the DP, if the DP gives you a letter that says you don't need any permits from them, um, check see if needed. Yeah. for you and in the road profile. Yep. He would be able to fill that all out and tell you it was exempt, didn't need it or what. He'd site all the requirements.

And I think Libby Brook dumps into a runaround pond, right? Uh, no, it does. Is it coming out or going in? I don't know which way it's going. It's going it's going left. It's going out across uh the Granite Hill Farm Road and it doesn't connect with Johnny Brook or uh which is which does I think go into runaround.

So it doesn't run this way into Runner Pond. Uh it may end up down in Yeah. way it goes way in. It actually runs in through the back into Dubin or Yeah. Nostro oven I think and I don't know I think if it dumps underground pond that triggers something else but that's not

looking at a watershed water body most at risk. Yeah. Yeah. So if that's on the list but I I don't know. I don't know. I whatever saying whether it's needed or not. off my head. I don't 55. Any additional information required by the planning board?

Any additional information? So 54 is incomplete then. Is that Yes. So we're looking for him to get What were we looking for him to get? Letter from letter. Okay. That that that he's all set. You just need to send in a copy of this plan to them

or your engineer that would say that you were in compliance and give us the statute reference reference the rules and exemptions etc. Well, I guess when I talk to the uh guy that will engineer the road profile or whatever, I will

Yeah, he does this. He does this with every he does this with all of them. So, you should be able to complete package. above and beyond what we've already asked Mr. Baldman for. Barry K says, "You better call my real estate agent tonight. Prices are going up on the lot."

Barry C. What's that? Why did you make this a bigger subdivision if that's the intent down the road? Because it's uh more than five lots jumped us into a lot more regulation with the state and federal. You're not supposed to tell them that. Oh,

that's a So, a major versus minor subdivision is usually a local ordinance distinction and we don't have Well, there's a state I think there's a state requirement. it's five lots or 40 acres is the total the total acreage the total acreage is um

if it's over 40 acres there's something there's there's a trigger there and I don't remember what it is but I have to read up on it a lot more there's nera permits for for disturbed soils and how much you're developing and all of that but if you got to get a Nerpa permit

well according to my surveyor if I go over five lots I'm going to have to give you what everything you asked for here tonight right that was basically what I was trying to avoid um but You might. So I may come back with more thoughts on this thing if I got to spend a lot more money and my lawyer advised me of that. Don't do it twice, do it once.

Yeah. I mean, and and that's up to you. Whatever you want the second distinction between a five or a 10 lot under our ordinance. And I'm not trying to be rude, but everything you ask me for my surveyor to do, I'll put on that plan. It's more money. Every one of them, you know. So,

and a lot of it I realize you're just just trying to do your jobs and you haven't seen this for a while or some probably haven't seen it at all, but a lot of it hasn't been done in the past, but that doesn't Brian, did you say you had one more thing that you wanted?

Yeah. Under our definitions of subdivisions, it says that a lot over 40 acres should not be considered as a lot, right? Well, we adopt that. It's it's in it's in our is it definitions and it's also in the state definitions

back in 200 one right in there somewhere the state passed a law that but it used to be that all 40 acre lots were exempt from subdivision so you could sell 10 40 acre lots and didn't have to go to planning board. So then they changed the law and then towns had the option. Now, the state did away with that exemption, but the towns had the option of retaining it if they wanted to, but they had to do it with an ordinance and they had to get it recorded in the registry of deeds within a certain time. Some towns did it, some towns didn't. So, if in fact Durham did adopt that 40 if

if they retained that 40 acre exemption, it's here. Good catch, Brian. It is. But this wouldn't apply because he's looking for two acre lots. So lot five. No, lot five is 41. Oh, that's over 40. Yeah. Yeah. So it's exempt, but he wants to put it on here in case you come back or cuz you typically would only

if you're still if you haven't completely flagged everything yet, you or pinned everything yet, you could make your road bigger, reduce the size of that lot by an acre and a half. And so you could take that. And what kind of problem does that create being over 40?

I see what you're saying. Well, well, are you going to go for a zoning variance or I I don't know what happens. I I just I don't know. I'm just But he's saying stating what's in there. If you took lot five off, right, you would only have a four lot development,

right? And then you could add a lot maybe you could make a smaller lot and then retain still retain additional land. So basically, uh, and I argued this with my survey. I don't know why he did it like that. He said, well, it didn't make much difference, but lot five should just be

remaining 90,000 foot lot. It would just be remaining land. It wouldn't be a Yeah. So the definition for some I don't think it matters to you because basically you'd use that 40 acre exemption if you had 50 acres and you split off two lots and you kept the 40. You don't have a subdivision cuz it's over 40.

You don't have three lots yet. You've got two lots and a big one. That that doesn't count. But you've already crossed the threshold for subdivision, right? But if you want to revisit a bigger subdivision, I'm not sure there are more burdens on you at this point for having a 10 lot versus a five lot. I mean, check that out with your attorney and your surveyor, but I'd hate to have you go through this twice if you can go through it once now.

Yeah, cuz it's a D. That doesn't make DP threshold, but but I I think you've got it has to do with a lot more um uh requirements is but you've asked for all of them anyway and and this is what he was trying to avoid because it costs

more money and if it I end up that way I'll just I'll have to do more. I'll have no choice. I mean, but I think what what he's saying is you could actually do lot five and then retain the additional land. And so you could do another 2 if you have enough land there. You've got 41.54 left. So you

minimum lot size here is what uh 90,000. Well, you've got this 5 acre parcel that is that's considered contiguous. So you could have lot five be two whatever acres and you've still got more than 40 acres left over. So if you have 40 acres left over, that doesn't count. So you don't need to count that as a lot. You could get a fifth lot here plus 40 acres.

Keep the rest. Yeah. If you want to keep it under five, There's a road in the middle cuz that's also an exception because otherwise we have a six lot subdivision. I don't think it matters for our purposes right now. If you bring us back a new plan with 10 lots, I think we go through the same analysis here. I think your differences at DP.

application is incomplete and the items that we've discussed previously must be submitted. Is there a second? Second. All those in favor? I. Okay. Did you get the move in second, Joe? That was a second. Yeah. Okay. Did I get that letter back from

table this until he comes back or he done? I think he came back. He has to I don't think we have to table it. We don't have to table it. We have to give him a written decision of this, right? Yes. I don't think you're welcome to submit it.

I handed it. We have to consider within 30 days. I think that's it right there. Okay. I'm not sure. didn't want to take it back. Maybe yours. I think that one's yours. So, think she's writing it all down at the bottom. Okay. You want I mean, if you want, you can work on that thing and leave it here and I'll pick it up if you don't feel comfortable with.

Okay. Cuz you're supposed to give me an incomplete list, right? And if you'd rather be a little clearer on it, might be easier for you if I type this up. Yeah. And you can take your time and get it. and uh and leave it here somewhere for me.

We probably with us. What's that? So, thank you for working through all that with us. Yeah, no problem. It just And I'm not Don't misunderstand. I'm not trying to be difficult. I'm just I've had a lot of experience with it on both sides of the stable and it just never been these things have been you know looked at and just they're not most of them are not a NA there a lot of NAS

and it's and I understand you're trying to do your job but there's a there is a limit to what someone can do without you know I guess what I'm trying to say is say it correctly want to be the more we have to do, the more it costs. And that is not uh what's the word uh conducive right

to what the town really needs. We you know we all need to work together in this town and I would think the best you can. We have our limitations of what we're a lot of ordinance. So it's you know it's going to come in the same I'll give you a scenario. It's the same as the road uh road committee. It's a you people are limited with what you do know, but you got all these things that you want to look at and you want to make sure you do it right.

We do the same thing with a road committee. We send the uh either the CEO and the head of the selectman and the chairman of the planning board to go look at a road to say, "Yeah, that was built right." And they're not engineers,

you know, as you people are not all qualified to know the ins and outs of or what's right and what's really should be required and not. Right. Well, that's why we require so much information is so that we can make that determination,

right? Do the best we can, I guess. Oh, I didn't get an answer on on what you thought about that. I put it down as lot six just so we could look at it. Do I can I transfer that piece to an abat? Is that Yeah. Where it crosses the road? I think

technically with the with the definition of an abutter, anyone directly across the road isn't a butter. Well, I don't know where that definition is coming from because that's not state law. If you can find that in stat, I

read it somewhere in that. But I think so again. So I think the the question just said becomes do we have a six lot subdivision or a five lot subdivision and I don't think it matters for you. It does. Uh I'll find out why but it does okay

because I asked that same question. You know why does it matter? But either way if you want to keep it at five instead of six your lot five doesn't have to count as a lot in this subdivision because it's over 40 acres. Right. So,

so even if lot what you have labeled now is lot six becomes lot five. Right. How we label that a number it depends what happened here or what you but you'd have to get rid of lot five up your head right make that lot five

exactly perhaps I don't know unless you have some supporting evidence that says something different right it's not critical whether it's five five or six so I got some homework to do I guess and when you are finished with that simply leave that here if you want or

Sure yep what I'll do is I'll email to Jill and And um make sure he gets a copy. They know where to find me. Truffles does. All right. Next meeting. All right. Next regular planning board meeting is Wednesday, April 5th. Uh here town office beginning at 7. Applications due by 4:30 p.m. on Monday, March 27th.

Motion to adjurnn. And I'm automatically on the agenda, right? Who second? On which the agenda for next month? Who second? Uh, no. I didn't yet. If you get the material in with the Yes. Before the meeting the the uh 4:30 on Monday, March 27th is the deadline for all materials to get on the next agenda for the next meeting.

That means all those waiting letters. Yeah, I know. and all the other material and the plan and all of that. Yeah. All right. Well, I'll be here anyway. get done. It's in two nights. You know, I didn't plan. So, I'll be back anyway.

I will what I can get here with Thank you. Sorry for all the how I roll. We had a motion. All those in favor