TranscriptPlanning Board Meeting ~ April 2, 2025

Heat. You too. you mean when I was gone? Yeah, it was work. Oh, well, it wasn't. Was it good? Yeah, it was great. I went to Burlington. That's where my office. Yeah, that's a beautiful area. It sure is. Yeah. It's a lot like Portland. George, I can see you. Smaller. Can anybody similar? Can you hear me? No. Yes, we can. Yeah. We're good.

There is quite a delay. It's kind of like Hello. table. It's weird to sit on this side. I think Alan sat there just to drive you crazy. You did. You did, didn't you? I just wanted to break your head. Throw another loop. But become a chair person. You could you permanently use the center seat. I can sit wherever I want. You can sit wherever you would like. As long as it's in this room somewhere. There you go. It has a microphone in front of it.

tonight. Okay, I think we are close enough. So the we have a quorum. We have three members. Uh which is a the minimum for a quorum. Uh so if you will join me in saying the pledge of pledge of gohead. Yep. United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Reminds me of high school. Had to do that a few times.

agenda. Anyone having a I don't have any. Okay. Seeing none, we'll move on to acceptance of meeting minutes for March 5th and March 19th, 2025. Anybody have any uh comments, additions, deletions off the minutes? I don't I'll move to accept them as presented. I'll I'll second. Moved and seconded. Any further discussion? Seeing none, please raise a hand if you agree.

30, which is as good a time as any to say that on anything we vote on tonight, it requires all three votes. Our bylaws say that it has to be uh a majority of the membership, which is five, hence three three uh yes votes or no votes. Okay. Informationational exchange on non-aggenda items. Mr. Tabarge, the town planner. I just wanted to update you that I we have received the cotification uh editorial and legal analysis. They've gone through the ordinance. They had already reformatted it and put it into their template for their program and now they've given us that analysis. They they have 139 uh question response where the they're asking the town for corrections direction and so we have to have that response to them by June July 25th. So I

will be doing a report to the select board at the request of the town manager and board. uh basically give them giving them an analysis of their report uh and kind of laying out there going to be kind of three different categories of issues. The first are going to be what I'm calling legal and administrative uh typos wording those sorts of things. So that'll be the first batch. Then the second uh group will be minor policy issues. Uh so for example uh it's unclear under our ordinance uh who inspects driveways. We have driveway standards but there's no clear responsibility and it's kind of falling through the cracks. So that would be what I would classify as a minor policy issue. And then there are uh I think there were 13 of those. And then there are uh seven or eight major policy issues such as the policy for back lots or home and homebased businesses. So, uh, the select board will review that

and as we've done in past years kind of their they do their uh after the town meeting uh analysis of what they're going to priorities are going to be and what they're going to work on and hopefully we'll get some direction on how they want to proceed with that in preparation for next year's town meeting. Can I ask a question? So, it's not um us asking the select board what their response will be. It's us as are telling the select board what the issues are and asking them how to proceed to answer that the issue. Yeah. They what we'll be doing is basically putting the project before them. Yeah. And getting their direction on how they want to approach it. Okay. Uh and I would offer that if you have issues uh that you think policies that need to be addressed in this um please forward them to me. for for instance, I know Allan, you're concerned about the issue of solid waste containers. Uh so if there are other

issues that have been recurring in the past, uh feel free to get those to me. I'm preparing another list. Uh staff has identified some issues. Uh I know the fire chief is concerned about the current policy on fire protection water supplies in terms of allowance for uh and requirement for sistns uh underground sistns which are a real problem for his department. So we'll be laying out those potential policy issues. But what'll end up probably happening is we'll go forward with the town will go forward with an initial overhaul of the of of the uh land use ordinance and then we'll have kind of a list of policy issues and hopefully be able to determine a sequence for addressing them based on priorities and uh you know how big is this issue? How much does it come up? How many properties does it affect? Um and then they could they'll kind of give us some direction for how they want to approach the project. And when are you presenting

that to? It's the second meeting in May select board. Okay. And then I'm assuming that if anything doesn't pass at the town meeting that we've been working on that will probably become they have to have the discussion that same day with how they want to go forward of that might be a priority for next year possibly. Um although I guess we roll it up in the cotification process. Well, some will be able potentially assuming it doesn't pass the uh you're talking about land use articles. Yeah, land use. Yeah. Yeah. I'm sure those will be part of the the discussion. Great. Thank you. Yep. And I'm assuming they don't want to share until they're ready to share the AB and the select board the private the the list. The list. Yeah. Yeah. I'm still processing it. Okay. But you're gonna send it to them and not copy us or initially. They they would like to see it. I will keep we could certainly request to

share it. We can request that. So, uh we may very well once it's done. I I get where they want they want to take the lead in everything these days. Well, it's more just setting the policy direction and you know, as they've done in the past, they've delegated the best standards to the planning board, solar to the conservation commission. Um, so I anticipate they will probably follow that track as well. Yeah. Well, these folks don't want to hear my thoughts on that. Well, no, I mean I mean the difference is is that we always went to them with the issues, right? We we were the ones who or you mentioned the the battery coming in and the solar and the resource protection. We went to them and then they told us what the priorities were. Difference here is you're going to them with with the list. And again, this is just the results of the cont. Yeah. Yeah. Yeah. No, I know. I'm just I I agree that maybe could we request to see

that list when Sure. I'm sure you will when it's ready. Yep. Okay. Okay. So, that's and codification for those folks who were uh haven't heard that term before. Uh last year the town meeting approved money to have a consulting firm review our ordinance our land use ordinance to look for um issues that that may not follow state law that that weren't clear so on and so forth and what Mr. Barge is referring to is we've got those that consultant's comments. So that's when you hear the cotification that's that's what it means. It will end up with a product that is much more user friendly. So you can go in and search for backlots. So you go and search for uh whatever it may be and if it works it'll the computer will pull it up for you. Okay. Any George, anything else? Nope. Um just I'll remind everybody at the beginning and at the end of the meeting that town elections are Friday uh starting at uh 8:00 a.m. to 8:00 p.m.

at the Eureka Center and the town meeting which I encourage everybody to come to starts at 9:00 a.m. at Durham Community Schools. Uh, so I'll probably throw that out there again. Any residents have any thing that is not on the agenda this evening? Any non-residents? No. Seeing none, we'll move on to continuing business. We have none. And new business, review of a private road. First thing is review of a private road maintenance agreement for Blue J Way, Map 2, lot 35. Public comment will not be taken. So, uh, what we generally do is we'll have Mr. Tabars give an introduction to it. The, uh, land owner, uh, applicant will get up and add anything he wants to it, and then, uh, I at least have one question, but then we'll discuss it amongst the board, ask more questions, uh, and then, uh, take a vote if we feel like we've got everything we need. So, Mr. Tabarge, if you would start with an introduction.

Yes. And uh this is an example of what codification uh a policy that's going to hopefully be looked at is currently the process for getting approval of backlot access and private ways which they're called in most towns is that the uh road

commissioner and the code officer approve the plan uh for the road and the right ofway and then the maintenance agreement is all that the planning board reviews. Uh and so under this uh review, what you'll be looking at is just the maintenance agreement. The code officer and as I understand it, the road commissioner have already approved the road plan. And so now the applicant before he can sell any lots or get any building permits has to have the maintenance agreement approved by the board. So that is the bas the plan is right behind you if you can see up on the board. Uh and so basically there is an existing uh right of way. Let me point that out. So, Blue J Way

into there are two houses on this lot and um he would like to split this sell these lots separately and this access is substandard in terms of meeting the p the back lot access requirements for multiple lots. So he's proposing to relocate it over here, bring the driveway for this lot, maintain that access, and then create a new access driveway for the back lot. And the two lots will actually be this configuration and this configuration. And part of this land is coming from this lot, which he also owns. So there'll actually be the creation of one there or two existing lots and it'll split and create one new lot which does not trigger uh subdivision. So the only permit or permission he needs from you is the approval of the maintenance agreement for this common

is he owns all of that. He's only proposing two lots. I know we're just looking at the maintenance agreement, but it's three that would trigger subdivision, right? So, there are two existing lots. So, he's creating one new one, which is not a subdivision, right? Okay. If you want to slide up and you can help. It was interesting at the beginning of the meeting where you had mentioned that uh I know that the road commissioner approves a plan, but there's no one inspecting that road. Well, the code officer and road commissioner are theoretically inspecting it, right? Okay.

they do because um subdivision up the road here way that remain uh anonymous at this point. I know they inspected that and found some issues. That's a subdivision. There's a whole different Okay. Okay. Yep. Uh thank you. Okay. Uh

Mr. Puffer, if you would, and whenever you come up, folks, speak loudly into one of the microphones. We don't have a great system. Uh, state your name and address, please. I'm Bob Puffer. I live at 960 Pinkinbrook Road here in Durham. Okay. Thank you. Do you have anything to add to uh what Mr. Tavar said? And we'll ask you a question. Is that I don't think so. only that uh you know everything was done to make uh the lots conforming. So they are 100% conforming. Okay. Um well I was I have a question that came up in my review which is the new uh private right ofway. Um looking

at uh the survey that you had done by Wayne Wood and Company. It looks like the the first part of that is on property you don't own. Looks like it kind of splits the the Cherry property and the Balor property. So, do you have permission? My first question. Do you have permission from those two? I I do. Property owners to uh I I do. So, it's not on the Belffor property at all. The right of way is is on the Cherry property. And I know Jim well and we've spoken about this and Jim has no issues whatsoever, which which makes it nice. It makes it easy. Um and uh both right

of way uh accesses are called out in the deed. Um both here and here. The old and the new rightways. Yes. So yes, this one, this one and that one are both called out in the deed. In which deed? In whose deed? My deed. Your deed for up here. Yes. And and when Mr. Cherry purchased that lot oh 12 years ago maybe. Um he knew

that there were rightways on both sides. Um and uh he wasn't surprised necessarily that it's it's finally being utilized but okay most importantly he's uh okay with it. I always ask questions like these because down the road, god forbid Mr. Cherry's not there anymore. What is it? What is the next buyer of that property? And you said it was it on his deed? Is it on his deed when he purchased that? So, if I went and looked at Mr. Cher's deed, is that easement for the new one? I I actually could not tell you um if it's on his deed, but it's on my deed. Both both 50-foot rightways.

Okay. When I want to be clear when you say your deed, you're talking about only this land up here or you're talking about you own this land at one point. No, I'm talking about lot 35, which would be the lot behind Cher's lot. Correct. [Music]

that's well he while he may be um a-ok okay in a phone call or whatever that down the road I have concerns about um laying down an easement on top of his property in the right of it because that's what you're going to have to do is create an easement for this section of the road right there.

already Well, that's okay. I misunderstood. It already exists. You're saying there's two ements that already exist on on Cher's property. Okay. And he knows that. Okay. I got you. That answer shows on your deed. The question is you haven't seen his deed. I I haven't I haven't. But it's on your deed. It is. It was on your deed before you sold it. Those parcels, they haven't been sold yet. He's That's not his This is his property. No, no, I got you. This is Cher's property. It They're on there. They're already on there. They're They're existing. Okay, I I get you and I hear what everybody's saying, but how do I know it exists? How I mean, if it's not on a deed somewhere, it is on his deed. It's on his your deed up here includes the right of easement out to Pinkinbrook Road. And the surveyor, this is a he's got his certifi surveyor stamp on this is is verifying that that easement exists. Okay, then that answers

the qu you have the right to do it then. That answers my question. That was the only question I think that I had at this point. Actually, that's a really good point. I think maybe if we looked at this further, the plan references it might mention the easement specifically in here, right? like the

verbiage. way across land of James Cherry to land of puffer cbook 4307 page 274. So, and mentions references for me. So, uh, does anybody else have any questions? I don't. Is there a house? Does Cherry have a house or anything here? He does. Okay. He does. Okay.

motion to approve? I'll make that motion to approve. Second. It's been moved and seconded to approve uh the uh maintenance agreement for this property. Uh, any further discussion? vote yes, please raise a hand. 300. Thank you, sir. Thank you. Thank you. Yeah. Thank you. Don't forget the town meeting.

Okay. I think the next uh thing on our agenda is request for conditional use approval for outdoor seasonal seating at 1252 Royalsboro Road, map 7, lot 113C. Miss Goodrich. Yes. Please come up. State your name and uh address business address or my home address? Uh home, please. Home. Uh Gary Goodrich, uh 764 Elmwood Road in Pano. Okay. Thank you. Before we start, yeah, I uh I just want to make everybody aware and find out the the feelings on this. The land immediately north of your property uh is

owned by my wife's cousin. So, a family member uh Sylvester property. I have so I have no financial interest in it. Uh he is a cousin and a friend. Uh but I want to make sure that both board members are okay with my continuing on this and that the applicant is okay with my continuing this. I'm okay with it. Okay. Having said that, I actually live with just a little bit aways from here too, but not adjoining. Well, unfortunately, I can't get out of this. Okay, which is good for you because we had to postpone till next month. Okay, Mr. Tars, if you would be so kind as to give a quick summary of the request. Yes, Mr. Chairman, members of the board, the applicant is before you tonight seeking an amendment to a conditional use approval that was granted in 2020.

And at that uh point, the planning board granted a conditional use approval for uh application to operate a farm market including food takeout. Uh and uh in that process, they reviewed the potential impacts under the conditional use criteria and included a finding that there would be no seating associated with the farm stand uh food takeout. And so in order to add seating, the applicant needs to come back to the board uh to have a conditional re uh use review of that proposed expansion. And under um article seven of the land use ordinance, it specifically indicates that whenever an applicant is coming to the board for an amended application, the only part of the conditional use uh

project that can be re discussed by the board and affected by the board is the proposed uh change in use. So you can't go back and uh and put additional requirements on the existing conditional use only the proposed uh expansion of it. So I think that's important to clarify. And so I will uh pretty much turn it over to Mr. Goodrich to explain uh his plan. And under the ordinance, the board applies the typical conditional use criteria for public safety, health, public health, traffic, and all of those considerations. And the applicant has prepared a uh conditional use application that um addresses all of those criteria. I've incorporated all of the information from that conditional use application into the draft findings and conclusions and so the board can uh go through that list either uh after hearing the presentation um and dealing with it as a whole or you can take it piece by piece as you go. So that's the

application before you tonight. Yeah, thank you for preparing that. That's well done. Do you want to give a quick introduction comments? Uh yeah, sure. Um in 2020, of course, that was the start of COVID. So, uh that might have had something to do with the conditional use of not having a picnic table outside to eat your sandwich. But, uh the first couple years, you know, people I did have a picnic table out there. It was for my employees because I'm GAP certified. So, that's a requirement that you have a place for your employees to eat their eat their their meals. uh but then people would use the table. So, and that's I have a history on that on a spreadsheet that I that I have I do have data over the last few years where where I I had more I had as many as six to eight people at at peak peak times during the summer, you know, harvesting and and doing farm work. And so I had I had it a picnic table. And uh but what I

did have is I think the point is uh to keep it short and sweet is that my estimate and and the original approval was based on about 50 50 to 100 uh car stops a a day. And as it's turned out, based on the the point of sale um

device, I had a square and then I changed it over to a to a cold system. So I have a good records on every single sale. Um it turns out that hasn't changed all that much in several years. You know, you can see the averages here. They're 24, 25, 26. So um so so the

bottom line is you mind pulling that close a little bit closer to the bottom line is it'll come closer. Sure. I'm sorry. The bottom line is is that that uh um the adding seating, outdoor seating, which is seasonal, of course, um uh has not um affected the resources that we originally uh had planned for when when I got the first uh approval. Okay, so that's the short story.

members? Comments? Yeah. Um, where are the So, is it a back deck? Well, I haven't built it. Um, that's a proposed one. And it may not even be a deck. It may be just on the It may be just another uh stone surface, but I just want to I I didn't want to leave anything out going forward so that if I do this, I don't have to come back and uh and ask for additional seating if I need it. Okay. It'll be something behind the market. Correct. Right. So, I'm trying to look at the plans. Behind or to the side? No, right. Directly behind it. Behind it. So, and the reason for that was because it actually is quite noisy. It's not the farm that's noisy. It's the road and uh and so it and it

also gave some sun protection and whatnot from the from the back back of it. So that's that's all that is that that little uh 25 by 30. This is the road. This is Royalsboro right there. Correct. And so it Yeah. Okay. So there would be two seating areas. Yeah. One behind one one on the side. Right. Exactly. Would you be increasing your um I know you have a kitchen. No, no plans for increasing that or trucks

um food trucks bringing food trucks in or anything. I mean, we we did that on a and I have that in here as well. I I included the a couple of the special uh charitable events that we had or we have a fair which is out in the field. So, the parking was all out in the field when we did have that. But I did want to bring that up and I brought and I and I showed the numbers so that you got an idea of all right how many cars are there and what hours of the day and so forth. So the plans are to continue to do that. I mean we'll have three charitable events that we will get to that shortly. Okay. Uh Alan I don't have any questions. Do you have a maximum number of uh seats available or that you would use? How many people max do you think you would have there at a time? Uh based I mean you've got a number of tables, right? Right. Chairs. Yeah. And I probably got another dozen folding chairs, that kind of thing. Probably

about 30 or 40. So you're good with with if we set a limit of 40 that would be okay uh proceeding proceeding. Well um yeah it perhaps except for a special event. We'll get to that. Okay but yes normally that's more than enough. Okay. That's why you brought but it's a good point. Everything we're talking about right now is just the market. We're not talking festivals. No, that is not and we can't talk that. Yeah, that's not part of the application, right? That's the reason I'm I'm bringing that up. Oh, okay. But yes, I would say uh that's more than enough. Okay. Any other questions on seating only? And sorry, you said 40. And it is seasonal seating. Gotcha. I mean, you you won't see any picnic tables out there. Well, if you don't have any January, don't get 80 in August. Oh yes, we said max 40 chairs.

Yes. Seating. Yeah, seating. Okay. Table, you know that in the tables to handle that. Yeah, it's mostly picnic tables. Okay. And I will make my point now, which is I read and I appreciate all the good stuff you're doing in Durham for Durham and all those other kinds of things, but I don't think your conditional use that exists now, nor does your application refer to or allow the the festivals,

dinners, and all that other kind of stuff. So, uh, and Mr. Tabarge, you can correct me if I'm wrong. Um, is that a requirement to have an approved use for those kinds of things? The last project we had similar to this was Celebration Farms and they included that as part of their conditional use. They they do some they do more than what you're talking about doing. We will need to follow up on that. Okay. Well, that's why I included it in here, but we can't approve it tonight is because it wasn't part of your application. The application Well, the the application, as I understand it, is requesting outdoor seating, right? And I wanted to bring it up. Outdoor seating and in Oh, I Okay. Yeah. You applied for outdoor seating. That's what That's was before for in shown on the drawing. Right. Right. Right. Right. So, we'll need to probably talk to the code officer and potentially the town attorney on how the uh seasonal events

fit into their current approval and whether an amendment to their uh application is needed for that. Yeah, you seem like a pleasant gentleman. So, I'm not bringing you back just to hang out with us. And obviously as with Celebration Tree Farm, when there are events, the parking location, the traffic control, all of those issues, they need details probably more so than for the seating just because of potential impacts. I I did include a fair amount of detail on a spreadsheet here. um how many cars were at prior

events uh and uh and I I appreciate so I so I tried to give you no and I appreciate that. I mean it was a very thorough application. So those are my thoughts is that you know we're looking at seating tonight uh versus other dinners, other Yeah. Yeah. concerts, the the fair, so on and so forth. So our my

thought would be we do a motion to approve the seating up to 40 uh basically in line with what he has shown on his application. Yeah, that's that one right there. Yeah, that was a motion. All right. Well, that's I guess I'm asking is everybody can just talk about it for a second. Sure. That's okay. So if if he has to come back to talk about the festival, does it not make sense or or I'm sorry, the fairs, the the events, right? Does it not make sense to just hold because we're going to be looking at potentially additional parking for this if there's outdoor seating maybe like we still have to go through that checklist, right? Well, we still Yeah, we have to go through each each item. But if he's if he's going to have to add in another use, then he's going to have to come back. So maybe we ask my my thinking is and it's fair to ask is that if I remember your application you intend to start you would see this opening

food-wise in April. Well permitting weather permitting got put them out there and yes so unfortunately we don't come back until May. So my thought is we don't come back here even you know change I get where you're going. I would agree with you because your preference is to move. It's okay to split the two if if you have an issue because now I can just put them out there and have them and then the first event that that I'm planning which again is a charitable dinner event uh is not until the end of June. Okay. So that should give me time to if I get stay right on it to come to come back if I have to. We just want to make sure the application agrees with the activity. Exactly. It's cumulative, right? Yes. Um, so and I think the next

step when we we got to go through this very long painful in my mind checklist. So before we get there, um, the next step would be for you to work with Mr. Thearge and the codes and say, what do I need to do to do what what do I need to have to do the other things that you want to do? And it may be that their ruling decision is nothing. you're good with what you've got or here's here's what you some additional things some additional things for another app and list them all. Um so I assume it would be the same process though, right? Yes, absolutely. So you have to go through the resource thing the same sort of thing. And you may want to take a look at celebration tree farm because they just did this, right? Right. Yeah. So having said that, let let us begin the long painful process of uh conditional reuse criteria. And there's just a boatload of things. So please bear with us. Um this is why I was hoping I'd be recused.

Oh, it's not that bad, actually. So I didn't write this procedure. Okay. So review criteria for conditional use review for a change to it. Public health impacts. The proposed use will not create unsanitary or unhealthful conditions by reason of sewage disposal, emissions to the air, water, or other aspects of a design or operation. And I should ask Mr. Barge starting on page 35 and what you gave us is where we're starting. Okay, good. Yep. So, findings trash collected in two bins with covers and disposed of by a private hauling company. Contract market bathroom is available and regularly cleaned. That's nice. No impact on air or water quality. Uh, do I have a motion to approve or disapprove? I'll approve. Make that motion. Okay, we have a motion. A motion in a second. Um, so votes to approve, please raise your hand. So, it's 300. Uh, and I should tell you a failure on any of these is a failure is an

overall. So, they all have to pass. Uh, okay. So, traffic safety impacts. The proposed use will not create unsafe vehicular or pedestrian traffic conditions when added to existing and foreseeable traffic in its vicinity. Finding the current parking conditions have been more than adequate. There have been no parking lot or vehicle accidents entering or exiting nearly 5 years of operation. Entrance and exit signs have been maintained. Correct. Would you look at the exit sign? I drove past there today and it looks cockeyed to me. It looks like it's kind of angular. Could be a plow storm that could be a plow issue. I've repaired my mailbox three times. I think I straightened one of those out already. Yeah, just twisted. Come back, please. It is there. Both of them are there. Uh, expect to have improved safety in the vicinity due to DOT installing a four-way stop sign at the intersection of Rollinsboro Rabbit and Quaker Meeting

House Roads. Uh, any additional findings from board members? I move to approve the traffic safety impact. Yeah, I presented moved and seconded. Raise the hand if you agree. 30 and that was okay. Public safety impacts. The

proposed use will not create public safety problems which would be substantially different from those created by existing uses in the neighborhood or require a substantially greater degree of municipal services than existing use in the neighborhood. The two findings that are here, the surrounding uses are residential. The only substantial safety problem is multiple annual auto accidents of the nearby intersection. And I think it is indeed under paragraph two that um your

expectation they in what the state said they was going to do is put a four-way stop there. They've they've come by already. So it's not there yet. Do you have a timeline on that? Do you know? I don't. They didn't. Yeah. Yeah. They didn't tell. We I asked that, but they they couldn't tell me. But Yep. It probably about a month. Oh, really? That quick? Yeah. I They did say it wouldn't take like six months. Yeah. Wow. So, this year? This year? Oh, yeah. Sure. Yeah. Okay. Um move to approve the public safety impacts as presented. Oh, second. Moved and seconded. Uh all those in favor, please raise a hand. 30. We're moving on to Did you get the moves and second? I did. Okay. Thank you, George. Environmental impacts. The proposed use will not result in sedimentation, erosion, or have an adverse effect on water supplies. Uh, the tables are very close to the marketing marketing parking lot. Seating is located on decks or in an

area which is level, not crushed stone for stability and cleanliness. I see map two. Any other findings, comments? Um, you want to make the motion this time or do you want to just So, this is more about water, right? Um, yes.

Uh you have your own well. Yeah. Which is on the other side of the property. Yeah. And there's no increase in like utilization of the well or you know it's going to be so No, because they're eating sandwiches and buying drinks. You hope. Yeah. Right. Well, I hope. Yeah. But but I mean that's the use. Yeah. I'll make a motion to um that I'm going to satisfy a reasonable burden of proof of compliance with the criterion for public safety. No. Environmental environmental impact. Second. Moved and seconded. Uh raise your hand if you agree. Unanimous. 30. Scale and intensity of use. The proposed use will be compatible with existing uses in the neighborhood with respect to physical size, visual impact, intensity of use, and proximity to other structures structures. Findings. On a few occasions during the summer growing season, the farm hosts a craft fair. Uh, I would like to strike that one. I mean, I guess

that's history. Well, everybody agrees still has to be approved. Okay. So, are you saying to strike that, John? No, it's it's the history. I mean, it's fact. I'm going to propose a finding at the end that clarifies what your position is on that. Yes. The final I will propose a finding that talks about what's approved tonight, what may be approved tonight, uh, and what still needs to be done. During these events, there's a higher number of vehicles visiting in the parking lot and people outside the market in the seating area. That's assuming it's all approved. So A through C is if it's approved, fair vendors and all far fair parking taking place in our field behind the high tunnels located behind the market. So, I guess what I'm saying is you have been doing all this stuff including uh bans and you've not had any I'm asking have you had any complaints from neighbors? Okay. Um so sometimes small local bands of

plays but noise levels are minimal compared to the noise from autos and trucks passing the farm on Roseber road. Uh, I will point out that our ordinance has a maximum day and night noise level that can leave your property. So, if somebody complains, that's what it'll be judged against. So, or be even better if you didn't exceed that. Um, these are clean and attractive spaces for safe, sturdy picnic tables and outdoor tables and chairs. During nice weather, customers have requested seating take to eat their takeout food. Colorful shade cloths are put up in the spring and taken out in the fall. The added tables and chairs are not easily seen by neighbors since there's a substantial distance buffer. A stone with retaining wall and a planted flower garden have been added to beautify the seating area. Any additional um I do have draft one that addresses the issue of the uh special events. Um I propose

that you add a J which would read as follows. The board finds that any expansion of use for special events may need amended conditional use approval and the current application approval is limited to outdoor seating. That just puts it on record. Okay. Would would you say read that again, please? And then Yep. The board we're going to ask if you agree. Yep. The board finds that any expansion of use for special events may need amended conditional use approval and the current application approval is limited to the outdoor seating. Okay. So, that is clear that it's not an expansion what you've done in the past. It's any bans so on and so forth that were not approved originally. You're we're going to have to come in and talk to the staff. Yeah. Yeah. Okay. Gotcha. And you're good with that? I'm fine with it. Okay. Board members. May I have a motion, please? Okay. The applicant has satisfied a reasonable burn of proof of

compliance with the criterion for scale and intensity of use A through uh I plus J as uh provided by Mr. Tabarge. I'll second. Moved and seconded. Any additional comments? If not, please raise a hand. 30. Noise and hours of operation. The proposed use will be compatible with existing uses of the neighborhood with respect to the generation of noise and hours of operation. Finding normal hours are from 8 to 5:30 Tuesday through Friday or Thursday. Correct. Tuesday through Friday. Tuesday through Friday. Uh and 9 to 2 on Saturday. So I'm going to change that so it's Tuesday and not Thursday. Okay. Any

additional findings from the board? would move that the applicant has satisfied a reasonable burden of proof of compliance with the criterion for noise and hours of operation. I'll second moved and seconded. Uh please raise any further discussion seeing none please raise a hand to vote to approve 30. Right title or interest. The applicant is sufficient right title or interest in the site of the proposed use to be able to carry out on carry out the proposed use. Findings was established in the final findings of the 2020 20 conditional use and site review. The applicant had sufficient right title interest in sight of the proposed use to be able to carry it out. Deed was submitted then and later the barn and market were completed as proposed. Um any additional and nothing's changed in terms of the deed. any uh take a motion. Yeah, I'll make the motion that the applicant has satisfied a reasonable burden of proof

of compliance with the criterion for right title or interest. Second. Moved and seconded. Any further discussion? Seeing none, please raise a hand if you vote to approve. 30. Financial and technical ability. The applicant has the financial and technical ability to meet the standards of this section and to comply with any conditions imposed by the planning board pursuant to section subsection 7.5. Uh re findings resource have been used to purchase tables and chairs in the proposed deck is a relatively small project. A new 25x 30 foot deck with

railing is estimated to be less than 5,000 will comply with building codes. Um the details be included according to Durham building permit application. Um before we go any further tends to lock you into building a deck. And I think I may have heard you say that you may not. Well, I may I may just have the surface. Yeah. And not actually have a wooden deck, but but he would be approved to build a deck. I don't think he's required to. We don't need to say or this will give him the authority to do it. Yeah, that that was my point and I may I may not need to is what my point is is that you know it's a good clean surface probably a safety railing room. I won't I just want to make sure you don't get locked in something decide not to. Okay, this is just addressing the financial capacity, right? applicant, good point. Applicants have been running the farm for nearly five years with an average of eight

part-time employees per year. The market and barn were built according to building codes and local requirements. This project is very small in comparison to the market and barn. Okay. Any further findings, additional findings? Seeing none, a motion. I will I will move the applicant has satisfied a reasonable burden of proof of compliance with criterion for financial and technical ability. I'll second that. Moved and seconded. Any further discussion? Seeing none, a vote to approve. Raise a hand. Uh 30. Okay. Conditional

use review criteria compliance with land use ordinance standards. The proposed conditional use shall meet all applicable criterion design or performance standards in all articles of land use ordinance. Uh so there references section 5.22 22 of the land use ordinance which pertains to restaurants, food service and takeout stands. Um, okay. The application for a conditional use permit shall state the maximum seating capacity if any of the restaurant which you have said is 40. Okay. That's what we agreed on. Yeah. Okay. All proposed subsurface disposal systems will meet the main state um okay same main state subsurface wastewater disposal rules. All parking and loading facilities shall be located the side of the rear building shall be screened from a budding residence or those with 200 ft. Screening shall be comprised of a continuous landscape area not less than 8 feet in width containing evergreen shrubs, trees, fences, walls,

BMS or any other combination forming a visual barrier of not less than six feet in height. Restroom facilities for patrons shall be provided on the premises except for takeout stands. So findings um uh sorry, keep going. I was just going to say C is odd. Yeah, that's what's in the ordinance. So keep going. Okay. Yeah, we we may get to your your question. So seating is occasional throughout the day estimated to be adequate for 40 to 50 vehicle visits per day. And I would like to say somewhere in here uh either in A or E that we have set a max of 40. Yeah. Seating. Okay. Seating. Max seating. Yes. does 100 people in line that doesn't count. Um George best place to do that is a

applicant has agreed to a [Music] maximum of 40 seats. Okay. Current customer visits to market restroom are currently less than one per day. Pro current customer visit. Oh, okay. The restroom. Yeah, please. I got you. Um, no. Do you see an

You never know. You have five acres there, right? Um, do you see an increase? Now, when people stay, there's obviously that opportunity, chance, need to go for more. Oh, you believe that's enough? Well, I think that's just been sort of the average based on Oh, yeah. But I mean, what you have Oh. Oh, yes. What you have is more than enough to handle up to 40 seats. And And do you bring in But we won't get into the the other things. Well, that's that's a the answer is yes. I know what you're saying. Okay. That's on the that's on those larger Gotcha. We'll discussion for another day. Uh parking is adequate for 1500 vehicle visits per day. We'll use current parking lot size. Um, so my thought on the parking lot is that it doesn't meet the requirement of paragraphs 5.22 C. All parking shall be located at the side or rear of the building, but I believe it's been grandfathered. It has been there. Uh,

and if I'm wrong, somebody can correct me. Uh, it has not been an issue. So, for this use, I'm I think that leaving it uh the parking as is is is fine, but I'm looking left and right. If somebody would t would disagree with me. No, I have no disagreement. In the future, if we're looking at additional for other activities, we'll have to address it at that point. Yes, I would agree. Uh uh

sorry, hold on one second. So, the original um conditional use was for a restaurant or a food service or takeout stand. Takeout. Right. Well, the way I interpreted that, I tried I looked at the ordinance and says, "Well, this is the best fit." Yep. You know, take out a stand, it's a market, but nonetheless, it's But it was for food related the application. So then, yes, I would agree that the grandfathering makes sense. Okay. I have no issues. So just work on the wording of that. Uh just to be technically correct, technically a gr grandfathered is not a zoning term. It's it's a common term. But in any case, just to clarify, for something to be lawfully nonconforming, it has to have existed prior to the adoption of the regulation, which is not the case here. What is the case here is that the prior planning board conditional use approval approved the parking where it is. And so this amended application can't go back

and say that we don't agree with that. You have to put the parking to the rear. That's it's it's de facto grandfather. Okay. But by virtue of the prior conditioning was approval. Yeah. There when I did the original application, the parking the parking lot was all laid out how many spaces and so forth. So that got that was approved then. So I would where they were. Okay. So parking is adequate. So on paragraph C findings

uh so parking is adequate for the 1500 vehicle visits per day. We'll use current parking lot size. Uh current parking lot was approved as part of I would add that as finding E. Finding E. So find okay. So restroom facilities are available market all day in finding a the current parking lot configuration location was approved as part of the original conditional use approval and is not changing and is not changing everybody okay with that? Yes.

or basically just a motion approve or disapprove. Um yes approved. Okay. Jul Juliet makes a motion to approve. The applicant is satisfied approved for of compliance with the standards for restaurants, food service and takeout seating. I will second it. Uh so it's been moved and seconded. If you uh approve, please raise a

hand. 30. It is approved. Okay. Conditions of approval. Uh this is the final one. Planning board approval conditions upon consideration of the criteria listed in subsection 7.4. The planning board may by majority vote attach such conditions in addition to those required by other provisions of this ordinance as it finds necessary to ensure compliance with those criteria and all applicable requirements of this ordinance. Violation of these conditions shall be a violations of this ordinance. Okay. So uh there is one finding the project is to be constructed in accordance with plans maps diagrams investigation textual sub and testimony presented by the applicant and approved by the board. So that refers to the two seating areas but and only the two seating areas. Um I would like to just make it clear and I know Mr. Good rich is not going to violate this, but make it Do we put in here that this applies only to the

seating areas or was that already been beaten to death and other parts of this? I think it's clear. Okay. So, we don't need a number two. I don't I don't think so. I'm good with that. Okay, Juliet, you good with that? Yes. Um I'm just looking at the site plan which is up here. Um we said 40 max, right? this I

don't know if it's clear here about that. I don't know if it Oh, it would be between the two areas. Okay. Either behind or with the combination. Oh, I see down here combination of the two. So, for Okay. Okay. Okay. Yeah, I didn't see those. Okay, that's fine.

Um, and if you need extra t long as it doesn't go over 40, you need extra chairs or tables from that. Okay. So, uh, I guess, uh, we've gone through 7.5. Any additional comments, Mr. Tavar? Jenny? No, just to clarify, you'll be, uh, voting to apply the condition of approval and then voting on the decision as a whole. Yeah. Ah, thank you very much. I miss that every time. So, there's two more votes. Uh, motion was made and by M. Peterson, seconded by Mr.

Cavinger. Uh, any further discussion? Seeing none, please raise a hand to approve. Uh, approve. So, the final planning board decision and I think the last one uh a motion to uh is there a motion to approve the overall? I'll make that motion to approve the outdoor seating for Replaba at 1252 Roseboro Road, Map 7, lot 113C. Second moved and seconded.

Uh, any further discussion? Seeing none, please raise a hand to approve. Okay. So, seating is done. And if you would work with the town staff to find Yeah. about the special events. Yep. Y. Yeah. Because I didn't have a specific plan for cars where they're parked. If you require a plan, it's probably Yeah. Yeah. Same. Now that I've been through this, I 90% of it is done. Yeah. Right. There's there's some detail from the advantage of a computer. Okay. Thank you. One more thing. So you said we're not here in April. We're not doing a meeting in April. No, this is April. This is April. You're right. So next month is May. May. So you said your first one is in June, right? Right. So I'd like to I'll I'll move things along to be hopefully ready for next month. Yeah. I think the middle of the month is the middle Wednesday, whatever it may be. So, get it in and we'll hear it. Oh, is it the middle one?

No, it's the first first one. Well, the meeting I'm sorry, right? The meeting is the first Wednesday. The deadline for submission. Oh, I know. I've got uh I've got a couple of weeks. Yeah. So, but like you say, a lot of it is done already. That's right. Take advantage of computers. Thank you. Okay. Thank you, sir. Don't forget the town meeting Saturday 9:00 a.m. Hey, sorry. You can still come. I am interested. Well, you can speak. You just can't vote. You can see poetry in action.

Yep. address. Um, my name is Jonathan Lozo. Jonathan, would you mind just pulling it close and speak? That's No, it's on. It's green. As long as it's green, you're all set. Uh, my name's Jonathan Lozo. Um, my personal address, I guess, is 616 High Street, Bath, Maine. Okay. Do I matter? You do. Charlie Burnham. I'm 241 Row Station, New Glouester. Okay. Thank you, gentlemen. Um, same rules unanimous vote tonight.

Well, Mr. Dearge, if you would like to kick us off. Yes. Oh, what? And let me Okay, did I read what it was? Okay, so this is request for amendment of the Bow subdivision for lot 9 correction map 10, lot 38. The applicant is seeking amended subdivision approval to correct a setback violation on lot 13 in phase one of Buoie Hill. Um, the foundation was poured approximately 7 feet into the 20 foot rear setback at the farthest point as indicated in the photo diagram that I included in your packet. Uh they're proposing to extend the northerly property line third of lot 13 between 90 ft uh according to the attachment B note and 100 ft in the cover letter to the east taking a triangle with approximately 10,000 square feet from the adjacent excess open space of the subdivision. The draft amended subdivision plant there by the surveyor indicates a line extension of 94.06 06 ft. And as indicated in the diagram

above, the reduction in in open space is beyond what is needed to correct the setback violation. And it's unclear whether the intent is to correct the violation or to allow further building expansion to the rear. And as I stated in the notes, either outcome is permissible under the subdivision regulations as a lot line adjustment.

Okay. Uh applicant, if you would like to say a few words. Uh George George's explanation was correct. Uh to clarify, it's not to expand the structure at all. It's just to rectify the setback here. Okay. get here? How how did we miss it? Was it just a surveyor error? How did we uh Yeah. Um various elements. Um, but essentially there's some uh from, you know, it's called on Bowie Hill Road. It's called Bowie Hill for a reason. Uh, and the from the road to the proposed house location was uh fairly steep. So, we pushed it down a little bit to flatter area um or the billet and it was just pushed it was pushed too far. Okay. I'll follow up with the my follow-up question. I know just about this stuff to be dangerous. Do you stake the four corners of the pad? And so when you're shaking your head, yeah. So when it was staked, was it staked wrong? That corner that extended into the easement was st incorrectly. Okay.

Um Yeah. Well, can I just jump on that? Um did did you find did someone inside working the job find it or did someone come to you like a land owner or something and ask about it? Through the permit process. It wasn't through the permit process. It was it was discovered by uh the construction company. Okay. So

like during Yeah. OM or whatever it is. Yeah. We you know going through our normal procedure and then saw um Oh jeez. Yeah. Okay. Looks like we're too far in there. We brought a survey. Surveyor got involved to to locate it exactly on the map and that's when we discovered that it was 7 ft up. Okay. And this is phase one, correct? We're doing phase two sort of right now, right? Like a separate 100, but I'm just Yeah, this is the construction piece of it. Yeah. Okay. I'm I'm the the developer and the de uh the development company still owns the property. That's why I'm here. Oh, representing the

just pushing it pushes the property line back which pushes the set back back which which makes the uh home be uh conforming. Okay. Makes the structure conform. Okay. Then why 90 wasn't 90 ft? How far did it go? We had excess space and we decided you know why just make it clear to everybody that there's plenty of space. Um there was no reason not to. So all the numbers worked out. That's the next question. So the open this is a cluster subdivision. So the open space minimums that you have to maintain are still you're still meeting that part of the of the ordinance. So yeah, I'm sorry. The bullet point as indicated in the diagram above the reduction in open space is beyond what is needed to correct the setback violation. Is there an issue at all with us? Do we just want to have the open space reduced to what's needed? Does that make sense? Am I saying that right? We had excess open space. So, we could have our

net what's called the net rise calculations exceeded what we needed. So, we were able to uh we we had ample space to push it back that 90 ft. Um we could have pushed it back 20 ft. We could have pushed it back 7 feet. Yeah. Could have pushed it 20 ft. We decided to push back 90 ft. Okay. That's me just drawing a dot. So, it's to decreasing the open space. It is more than needed, but more than needed for this issue, right? But not but it's not impacting the overall standards that we have to hit. Yeah. And the trail that runs in there somewhere is not impacted. Oh, you can see it's at the beginning. Yeah. You can't actually see it. Uh but now it's not impacted. Still runs in the open space.

Remind me this was cluster, right? Yes. Um okay so it sits close to that that wetlands was since there was an error in staking was the the error doesn't put it into the wetlands. It's not put into the wetlands now. Okay. There have been some wetland impacts as I've written in uh an email to George that's being addressed right now with the uh Army Corps of Engineers and the D.

expected and now you're going into more wetlands than you expected. So now where is that? Was that in this lot or just this one? The only wetland impacts that have occurred in the whole subdivision that in that one lot. So can we dig into that or no? We can we can ask is it because the were the wetlands mapped okay or were they not mapped accurately and how

essentially the the initial the root of the evil was when we went to remove the Parker schoolhouse which is there. Uh there's a major ditch between Bowie Hill and the Parker Schoolhouse. Um, so when we removed it, um, we came in through lot 13, um, and to remove that. So there was some wetland impacts there. And that's like this. Yeah. Okay. And you impacted this wetland. Yep. Okay.

Um, while we're sticking to that because I do want to dig in a little bit further with this your mayo or whatever. I drove past there today and it looks to me like there is extending from this corner here. There's some survey states that come out and I don't know how far and it looks like that was graded. Did that impact the wetlands at all? Is that what you're referring to? Correct. Okay.

correct me, but about the time I joined, uh, there was a house that was built where a corner of the house went into Yes. the wet ones. Was that your That was a stream setback. That was different, I believe. Right. But was that your your No. Okay. I was thinking the exact same. That was cop. Yeah. I can't remember for sure. I don't I'm not sure I was a member at that point. I was thinking the same exact. So, that seemed to hold things up. Is there any reason to, and I'm not looking for a reason to hold this up, is there something what they're doing with the core, the core will come back and tell them they have to remediate or fix the damage they did or approve it or approve it. Yes. I'm sorry. I think in that case, they just approved the That was a stream setback, right? That was the garage. A whole different Yeah, this is this is a couple three years ago. Oh, I know which one. Yep. Okay. Okay.

So, that has the work they're doing with the core D has no bearing on this lot. Well, it does. It does. I'm sorry. It will take care of or not. Okay. They're not moving the setback. Okay. So, any other comments on the setback on this issue?

clear, you need more room. You need I don't know how many feet. 20, right? Seven. Seven. Seven. But you're pushing it 90. Why? It's our property. We can we have the right to do that. And we had, like I said, there's a wide par. Let's say, just we're not making up fake numbers here. Let's say we had a,000 extra square feet of open space. Yeah. We could have used, you know, we could have only used seven of that square seven of that square feet. We could have used 90 of that square feet. That's up to us. So, we just pushed back extra because there was no reason not to. Yeah. It gave you septic options. I will correct one thing you said, which is you don't have the right to do that unless we give it to you today. We have the right to propose. There we go. Right. Right. So, and I'm not I don't mean to be petty. I just want to make sure that it's our approval or disapproval that impacts that.

this or there that top right corner. Only one pin was moved. Actually, yeah, just one pin. One moved. Okay. The recorded plan goes from this pin to this pin. Okay. So that's their proposed increase right there. Yeah. Triangle is the increase. So is that is that currently on the contract or has it been sold? No. So it is if I'm looking at it as a developer, it's to my advantage or to the buyer to increase that lot size. It makes it much more attractive to them. Yeah. Oh yeah. By increasing it more than is actually needed. That would be my observation of this. Do you either of you have any questions or concerns on that? I don't. But I mean it's uh I guess because it is a cluster subdivision um and they meet the minimum requirement although I'm not a big fan of coming back after the fact which is to my point that you don't get has it's us that decide that uh it doesn't particularly bother me that that's what's happening

here. Um because I think at the end of the day there's that is going I don't know what would go in there that would be anything other than what it is now. I guess you put a shed or you can put a bunch of stuff in there as long as you're not in wetlands and other things and there's very little room to build anything in there because of the wetlands. So I guess a long version to say no if that doesn't bother and if it provides any clarity and you'll have to take my word on I I would have much rather had this building not be put outside of setback or within the setback then have a larger lot like this we're not there's very little good that's coming out of this. Yeah. Yeah. Yeah. because people what they got as they now own is what they would have had as open space unless they want to put playgrounds around there other you know they want to have a fire pit there I guess there's things they could do but

the short version is no that doesn't bother me enough to at this point but Mr. here too. All right. But we certainly appreciate you coming forward. Any anything like this is discovered. It's a positive for you bringing it forward to us. Yeah. Versus something discovering it later. Yeah. And that that's not happening. So that's a positive. We like positives. Yes. Okay.

Any other discussion? Um for phase two, do we look at phase one or is phase two limited to phase two? Phase two is limited to phase two, but I would, as I indicated in the sketch plan as well as in the preliminary, please take a look at the lots in terms of the limitations and sighting of houses. Uh because this

lot would be an example of where the wetlands are there, the slopes are there. If you look at the lot, identify where this where the building location is going to be. And the smaller the lots, the more that's important. with two acre lots and bigger you don't have that much problem. Yeah. I mean the topo is the topo. Was there what you did your topo? I don't want to keep I don't want to necessarily beat that horse but yes as he said please look at it. Any other comments? Sorry I the wetland delination that was done for this phase. Is this one that was done for phase two? Right. It was one big effort. Um because of that could we get records? Could the plane board see for phase two what's going on with the army corps with this issue? Would does that make sense? You know what I'm asking is to see what's going on. So what you're asking is whatever the final core DP Yeah. decision is would be submitted along

with phase two because technically they're filling wetlands that you should have approved as well. So right if you guys just bring that to us put it on the record and I think that's what happened what they want thinking of. It is. It was an approval by the planning board. CORE approved it. We the planning board then. Yes. Approved it. Yes. I imagine it's tagged to the deed too, right? Oh, yeah. It'll be part of that package. It'll all be great. All

right. Good. Anything else do there? No. No. Thank you. If not, I'm looking for a anymore. It It's just a simple motion to approve the amendment. I'll make a motion to approve the amendment submitted by Boy Hill Development LLC. Lotline correction. I'll second that. It's moved and seconded. You Mr. Thearge, have you got the motion and second? Yep. Uh if any further

discussion seeing none, uh please raise your hand if you vote to approve. three 0 and I think we're done. Thank you. Thank you everybody for your time. Thank you. Yeah, take care. Be safe out there. Okay, I think that's our work is done.

So we next meeting is May. Do we want to talk about I wasn't here at the thing. You guys want to talk about it? No, it was the the public hearing. It was really it. We'll get Alan's opinion first. Well, there's I think there were 13 people here. Oh, really? That was it? Yeah. Yeah. I was not well attended. 13 people and let's see 11 of them were conservation commission. There were Well, there were I don't There was one or four of them. There was maybe three people who were not either conservation commission, right, or um select board. I

think that's fair to say. or planning board members or George and hopefully that's an indication of of towns people being I think I am being trying to be positive on that. Any big questions or concerns? Um one gentleman uh on the

historic thing had a couple of questions about um the the like does this cover the interior of the building was one of the two and I don't remember the other one. It was he already Yeah. And he already has owns property that one of the houses is already in the is a been identified as as a historic property and building. But the other one he was questioning whether the other one could be. But G it was Gordon Grimes. I don't know if you know Gordon. Gordon's been in town for many years and he's been very involved with the town and developing ordinances back in y back

in the day. Tell him they have a good question and um I would point out that there was a all that. I know I meant to watch the video and all that too. There is there a video? There is. Yeah. Yeah. I meant I just haven't there was not much. I mean there there was nothing on resource protection if I remember right. I think it it was done within an hour. It was done in 58 minutes. I checked the clock. Um and then there there was someone asked what happens if the contract zoning and battery storage does not pass. Well, I I I believe though and there were a couple people that did why did we why didn't we separate the two and that was not our decision? Decision select board's decision. Yeah. Correct. And the select board wasn't there to speak. They were, but they didn't want to speak. Yeah, but I don't uh Mr. Roy and Mr. Tom were here. I don't know if anybody else was. There were at least two. Two of them. Yeah. Um

nothing else for this business being I will move to adjourn. Second. Moved and second to adjurnn. If you agree, please raise a hand. Three zip. We are done. Please turn your mics off and help arrange this. George, did you I forgot to ask. Did you two of them now? So hopefully you have We'll see George on Saturday at the 9 a.m.

machine. Yeah. And could you get that off on there, too? Pardon me? on his