TranscriptPlanning Board Special Meeting ~ April 24, 2024

okay I think we can begin uh roll call and determination of Quorum we have five full members here so we have a quorum uh number two is the Pledge of Allegiance you join me of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for allk

you um next up is the acceptance of the fire meeting minutes anybody have any comments on the motion motion to approve as presented I'll Motion in a second by Juliet all any other comments discussion seeing none raise a hand to approve unanimous

5 uh next is amendments to the agenda anybody want to make an amendment to the agenda seeing none we'll move on to continuing business oh I guess I should have announced it this is a actually a special meeting uh continuation from the April 10th meeting when we didn't finish the agenda and so this is a special meeting so continuing business old business uh first up is conditional use application for main custom Woodlands LLC to expanding business at 1326 hell road map 8 Lot 12 and public comment will not be taken come on up to when you come up to a couple things please your name your address who you're representing to the owner or otherwise and pull the mic close to you and speak into it so I am Eric dubie a professional engineer um with Trum Engineering Group and we are located in Yarmouth and I am representing um Tom kushman and Main custom Woodlands who's the owner I'm sure he'll be here in a few minutes okay

um if you would would you George will have him do a introduction to the project and then uh you'll join you'll give us your comments that sound fair so there's somebody walking in now I don't know the owner that's him we'll give him a

start minutes late sorry about that name address it's pretty getting ready to vote to turn you down so excellent all right if you would uh would you please state your name and who you who who you represent and your address yes Tom kushman custom Woodlands 1326 Hollowell Drive Durham okay and you are the owner yeah okay so what we're going to do is whichever he wants to do it give a presentation on your project cover in the highlights then Mr thear will uh join in give his comments as the town planner and then the members of the planning board will uh ask you any questions or whatever you were at the Town Hall today weren't you I was right next to you that's right good thing I didn't see you were looking for uh sharp no uh highlighters yeah I didn't yeah I did and they gave me pink so uh I'm just cheat anyway uh

I'm GNA let Mr kushman start and just give you a little background of his um existing business and um and what his plans are so currently um I operate main costom woodlands and MCW Trucking out of uh our facility um on Route 9 and uh it's a

7600t uh um maintenance shop and office um and we store some wood there um and our equipment there and um that's kind of about it I guess nothing nothing crazy but uh what we'd like to do is uh is build a uh another building and install a uh small Sawmill inside and uh operate that

okay discuss it further so if you want to just kind of talk about the project and can do on that so um basically this is uh I know Durham doesn't have a lot of commercial uses but um this is a commercial use that's kind of in probably a perfect area surrounded by CMP and also buy some gravel pits and on Route n so Tom's got access for his truck route and and the ability to have the road to be able to handle those trucks is um is perfect which is why he purchase this piece of land so the building existing building sits off the road quite a ways and um is buffered by kind of woods and the power lines on one side and then of course woods and um and and the roadway on the other side and

so he Parks his trucks out there now he has some uh um essentially some piles where we'll do some chipping and and this and that for um some miscellaneous wood or ties or things like that and um once in a while Hall skitters in to be repaired at his shop and then he has the office area that's um attached to the front of that shop and he's going to continue to use that building as is so um with the new building which is the 6,000 square ft um he's essentially purchased a um a lumber Sawmill which is not going to be as um as big as the sawmill in new Glouster what's that again um machos

machinos not quite that big we're not we're not going to be a Handcock Lumber or a no an Irving or anything like that it's just uh Mill yeah So the plan is really to sell it to wholesalers um and be able to utilize that there's a market for that especially in the economy that we have today and um and be able to um work within that doesn't really have the power I mean even though the power lines are right there it can't make the adjustment without putting in a huge power uh reduction Power Station Power Station yep so that's why we're using looking at using a diesel generator for that specific um new building on that because you need three phase power specifically for this so um not adding any bathrooms and that specific building and um so essentially I mean it will increase the employe and a little bit of traffic um and of course the truck trips as you can see in that um and essentially the way that it

functions now and Tom added a truck scale in there is going to be able to utilize that it'll be behind the truck scale you can see the plans that were there and um he's he'll have plenty of maneuvering area around that and he's got some good compacted gravel we got a good slope there for drainage that we're looking at adding in a um retention pond or a essentially a treatment pond on that which is what we like to do and I know this is a little fuzzy but forgive us but that treatment Pond is essentially on the low side that truck scale is here the building is here office space and then the maintenance thank you and then of course this is the uh the new building that we're talking about over in this section here so the generator is just to the top of thatat that small rectangle yeah exactly doing that so um and that generat

self-enclosed with uh sound treatments inside the uh the enclosure it's like a trailer right it's it's on a trailer with sound I don't know if they call it sound down or what they call it but it's sound dampening insulation inside the uh the trailer

so so that's kind of a summary of this building and the and the way we're treating the site and what we have for maneuverability on the site and existing parking again this building will be continue to be for maintenance um and I

think you can see you know a couple just miscellaneous items I guess three to note is um is one the traffic that we're generate doesn't kick us over the 100 trips for um needing a traffic um impact permit for that and and I worked with um Bill Bray specifically on um on some just some feasibility stuff on that um with the numbers and then um the sound is the other issue that we kind of talked about and um Tom was able to go out and and um him and I talked specifically about making sure we had good sound information to provide to you folks so that essentially um you could take a look at what the decb are you know to the property lines and and what we had for some sources that are very um similar and also with the generator itself um so those were those were kind of the two um the two big elements that we kind of focused on um for this particular use because those are those are impacts that can affect some um you

know some neighbors in in the town and things like that so so um we feel that we're essentially um meeting um meeting I guess the restrictions on those items and um and I think that's about it the only other item to note is the fact that oh fire I'm sorry um that hurts yep sorry

about that Chief um oh the LA yeah yeah yeah lack off so these are both uh pre-engineered metal building structures so we're not talking about Metal inside now metal inside say yes so I'm a I do Structural Engineering so forgive me I go with the terminology on that so yeah so what that means is they're not framed with wood or wood trusses or anything like that so um essentially uh the biggest issues you have with those type of buildings are the insulation itself um so what we nailed down with um with the chief was making sure we had because we're in a rural community making sure we're addressing the actual fire flow for this um site we didn't have anything um in place place for the initial um building but in doing this and just going through this um and talking to the State Fire Marshall about this and and taking a look at that fire flow I think we've given you that supplemental information to be able to see with the

total square footage of both buildings combined um we fall within that 1750 gallons uh per minute for essentially two hours or 120 minutes which is how we came up with um what the total gallons required were on that and um and then also took a look at the existing Pond that we had out front be able to utilize what similar to what Durham has utilized which is um a stand pipe with filter and and and use that to

uh um to be able to address that flow because of the um basically the pumper truck only has so many gallons so you're going to need to you know supplement that with other um on-site uses so in this case here the pond is perfect for that use so so that's the additional information that we gave anything else I think that's it Chief if you'll bear with us George if if you want to just kind of give us your report please J Mr thear is the town planner yes Mr chairman board members uh as I indicated in the agenda notes for the what I put into your packet uh there's a two-step process in this uh review the first first is determination of whether the proposed expansion of the business meets the conditional use criteria which are generalized issues of noise which has already been mentioned drainage traffic so this initial review

discusses whether or not either what's being proposed as a project is has certain inherent uh difficulties with it in terms of meeting the criteria or if the project site is particular problematic from an environmental standpoint or a traffic standpoint say it was on the intersection out here that type of an issue so the board reviews those General Pol uh project issues first and then if you determine that it meets the conditional use criteria then you look at the uh the specific site design aspects of it so in terms of the conditional use criteria um this build this project was approved for additional use for what's there now in 2009 and the planning board at that time went through that uh review that I just mentioned and approve the construction of that building and the business use of the property um they're proposing to expand it both in terms of building as well as as in use which does require a new

conditional use review and under the ordinance you only look at what's being proposed for change you don't go back and look at what's there now in terms of your your jurisdiction uh they are uh indicating their hours of operation which is one of the criteria um uh will be 7:00 am. to

7:00 p.m Monday through Saturday uh they did discuss the Sawmill being powered by an external generator and I did point out that the uh submissions are somewhat inconsistent in terms of uh it describes a building uh housing the generator is what I read and then the site plan shows a generator outside the building but Mr kushman has explained that the the basically the generator itself has built in sound dampening uh features so uh you just need to for the record kind of clarify which is the accurate description in terms of is it in a building or is it a standalone generator with sound protection and that should go into your findings uh I did mention it's already been discussed the fire chief uh in 2009 indicated that the original building in use did not require any special Pro fire protection measures uh the proposed Sawmill is a different use that may involve greater fire hazards and the updated land use ordinance calls

for an on-site water supply for all uh subdivisions as well as non non-residential uses like this one so they've gone through those standards working with the fire chief and he's here tonight uh if you have questions on the fire protection aspect

the board and maybe since Chief is here um start with any questions we might have on fire safety issues and chief if you want to come up please Chief trip is our our the pond is that installed now no and will it be installed yes the the fire protection

requirements actually will be two hookups to the same Pond two dry hydrants as we call them one will be on uh Tom's property probably behind the lock gate and one will be closer to Hell road which the town can use uh at any time the pond currently should meet the minimum requirements for fire flow um just a little background Tom has come to me I've done a sight walk visit with with the owner myself um his engineering firm we've met here and talked it over uh several phone calls and several phone calls to the owner um so we have no problems with with uh and then the Fire Marshall was involved for fire flow um so just cleaning up the fire Pond adding two dry hydrants should suffice for fire protection and we do understand about the generator outside regardless of housing or not it's still an exposure and I believe there'll be an 18-wheeler hooked up outside for sawdust chips and whatnot we call that an exposure if it

ever caught fire um but there should be enough sufficient water on site to handle it can we just kind of show up there or can we put it back up George I'm sorry the where these two pawns are so that it it'll be the one pond that's existing I I'll get the lights it's right at the beginning of the prop and this Pond is the Wetland right it's an existing pond that's shown as a wet area but it's existing pond that's on the property but wasn't that a pond that was created I think it was created a long long time ago when um when it was Shorty's asphalt

plant was up in there and and whatnot um and it was created that at that time is they improved Cushing Road they kind of blocked it off is it a man-made Pond yes yeah what this is this is that pond outline that we're talking about it does not go over the property line just ends up being so it it aots Cushing Road right right there with I mean it is right on the edge of Cushing row and the other one is where the second one will be no no so let's be clear about this two pipes so one pipe would be accessed here off Cushing Road I got you and then the the pipe would be on essentially on this side of the pond so two two things on that one um was there like a delineation done on the site yeah it was a survey a survey and so it was is it considered a wetland or is it considered a pond well it's a man-made pond so it's a essentially a pond okay so um so this was from the original survey that we had

um we had done way back when okay um and there's enough water in there year round according to um the engineering firm for depth surface area taking into consideration ice buildup uh also recently in town with all the other subdivisions a normalized uh hydrologist

if you will has come up with normal rainfall supplemental evaporation for the town of Durham that type of stuff uh to see if it would hold enough water year round okay so just to go in that a little bit more what we did is we essentially had a you know a story poll you we were able to go out and take some depths around the around the pond because that was one of the questions that we had about you know essentially the volume for the existing Pond to make sure that we had enough because we're looking at 210,000 gallons for the total and so when Tom and I talked we said okay let's let's go out there and figure out what the depths are around that pond we are going to with the detail that the chief and I have talked about um that's a detail that's commonly used in these rural um um environments we are going to have to dig down and then put on a filter make sure we have that I mean similar probably the one that's on

Rabbit Road um you know what's there so we'll make sure it's up to Snuff and and Tom will do that I mean I would say that so you asked if the one was there no it no didn't need to be there from the beginning um at least on the initial building it does now because of the two buildings and what the um what the fire ratings are so you know I think we would make it um contingent that we would put these things in if we were to get approval so and it would be it would be two locations two standpipe locations two standpipe locations and did the one on Cushing is available for the town to use would be yes that was the discussion

so the way it would be configured we would request one on cushion uh so we have two sites so that you don't have two pumper trucks next to each other they're not crossing paths if you will same water source two different hookups the the requirement is at least 1,750 gallons per minute required but I can only get a th000 out of the one dry hydrant so I need two dry hydrants regardless of if it's the same water source just to supply the the required fire flow which could be met that's why the request is for a second dry hydrant well and then the other half of that is Town yes we don't have a lot of dry hydrants around correct correct we have 25 some of them are out of service this would add one for the property and actually one for that whole side of town yeah and the reality is is that the gate is essentially you know back up in this section here and I know there's a couple rocks here so you can't get trucks

around but you could have a pumper truck back up here and be able to access this whether the gate's locked or not the the gate is just pinned yeah it's never lock that's true it's a good point access would be available 247 yeah correct does that pond have water year round it does because looking at the air photos if we look at it this is

2023 looks like there's water there go back in time since 2009 that is I've never seen that pond go dry look at it as well that the the storage year round storage all that other stuff is is available yes I mean the site I think I read somewhere where it's it's flowing from the south to the North or is it the other way North to the South can we hold that thought just yeah I was just GNA relate to that I was wondering if that's going to be added or um going to be used as a storm water Pond as well like is that part of your storm water management plan so no the two storm water ponds because we're trying to get treatment and we're trying to get storage and treatment yeah so the way to do that specifically in those two locations are to have infiltration ponds with the substrate media let's hold that thought if we're talking you answer my question so you're not going to because I want to throw Chief out of here yes do

we have any other expertise is there a contingency plan for if the pond goes dry if we had an issue where we found that the pond was dry we have enough room on site to make a pond that actually has a liner that won't be an infiltration pond so and Tom luckily owns excavators with the ability to do that so if we really needed to and we found it that was an issue with that we could certainly create a pond over adjacent to the other and like I said for in since 2009 since I've had the property never going drrive not that I don't trust anybody but I think we've had somebody smarter than me has taken a look at it and said there's sufficient uh water there uh depth surface area times cubic foot yes okay okay and we're doing a site visit to well not planning unless we we need to but right now we're not planning on it okay okay any other questions for Chief Fire Chief on basically on

fire thanks Chief thank you thank you thank you thank you thank you have a good there any else I mean anybody I'm sure there's other topics that people want to cover yeah flood plane um so it's you said it's not in a flood plane do you have a map did you do a FEMA

check um I don't know if we did a flood plane check specifically on this to Resource protection now I mean on not okay I can show you the flood plane yeah I was just okay yeah yeah I we usually check that as a basis of design I just don't have the information if you're asking me specifically on that you've confirmed yeah okay and then I am wondering about other um actually first of all why what is the use that's changing from what it was so we're building another building M and Beyond

equipment storage maintenance wood storage um we are building a building to uh install a sawmill in the building um so we can take logs and create Lumber okay so it's the Sawmill piece of it that's changing the use of well and the additional building I think was apparently the addition the additional building was a substantial change and doubles it doubles the building size on the property so I guess that was that was part of it as well but but both items okay and where else are you um planning to like impact or put things on the ground like piles of I don't know if you're going to have like a sawdust compost area or a pile of logs additional than what is so we've been we've been storing logs in that area since 2009 MH um so that's no change um

any residuals from The Sawmill like bark or sawdust are going to go directly new truck okay um and when that truck's full they get trucked off the side okay lot of that to eliminate the combustion Factor correct right yeah

that in the packet what you guys did okay yes it is um but I'll take this opportunity to jump on this um you did you compared I think four other machinos and a couple three other three other Sawmills um and so the standard is 55 dbas at the property line and you talk about that for the generator that the generator my question is combin generator and Sawmill when it's operating so the um the sound studies that I did were the Sawmills in operation with the generator some of them had generators some of them had electricity um but it was all the mechanics of all the going on the barkers the saws the everything um that went on during a day's work okay and so one of them at at least one of the studies did have a generator because the key is at the end of the day so I I did a sound study specifically on the generator as well and I I was shocked as to how quiet it was at 250 ft

we were well below the town standards and we've got 750 ft from the the property line um to where the generator is going to be and it's going to be on the back side of a building gotcha but doing the math is it is it ex at the end of the day at the property line you're not going to exceed 55 dbas well at 250 ft it was 45 dbas gotcha for the generator for The Sawmill was making and The Sawmill the the saws that I that I studied um were well below the

55 because and and all of that information's in the I got you I I'm just getting confirmation on it because if it's not and there's a noise complaint it's 60 combined you got to you know you have to figure out how to to do that so you understand the rule is 55 at the absolutely okay have question

where is the resource protection is it on the site so the line is that's the aquer aquer is that so there's resource protection on the other half of the property that I own across the power line that's up here so it's not on correct this piece of it okay I just want is that where the brook trout stream is on the other side those beavers those D beavers yeah yeah kill my trees I've talked to not to waste a lot of time talked to the state talked to Trappers oh well not to waste a lot of time because some folks are interested in Boston Bruins but uh yeah two guys at the end of the town meeting would going fishing would not tell me where they're going I don't BL them okay I'm sorry one other thing is I know that this is just conditional use but a wetland delineation I think we might want to consider having done so we had that okay it's in here okay so it's part of the survey well it's added it's added so for

instance so Mark Sensei I don't know if you know the name so Mark Sensei yeah so he did the W okay and so do you have a report um I believe we had a report is it Mark har what's that Mark s Cen C so he was out on say so this is

like this for instance yeah I know it doesn't the graphics aren't great on this particular screen but but this is part of that Wetlands that we're talking about and I think there was a little bit of area that was over on just creeping onto our property okay so he did that recently yeah he did that in April no March no no no no February March yes February I think he came around yeah I'll have to check but yes he know there wasn't any snow if you could send the delineation that' be great the report the report yeah so he did he delineated that as a wetland or a pond yes okay that it was already delineated before he was involved in that so for the for the more reason one but we wanted him to update because of this right here yeah we knew we would be here in front um you know of you folks the submission so we said Mark you need to go out and do any with the Wetland is that included with the the NM

the m and W documents addressing natural resources dated March 4th is that the I'm that I think so what page are you want or well it's item number eight that was submitted oh okay attachment eight [Music] mhm or property wouldn't show that detail it shows so the the NW map National Wetlands inventory calls that pond a wetland yeah but I think and then all North like you said that's that's Wetlands on the other side of yeah up there is wetlands and also South so the site is somewhat surrounded by

in there okay anything else but I guess what you're saying is your Wetland study calls out the dep Pond that Julia's referring to having been previously a man-made structure right or not structure but whatever manmade period thank you uh anything else I'm sorry so so wait what you just said is that the the Wetland delineation report calls out the Wetland is I haven't seen I don't think I've seen that but it doesn't you can have a wetland show on the n on the wetlands mapping because they fly over it and see what looks like wet doesn't take want you're SM than I am on it but if somebody if they went out and did the delineation he should have said this was a manmade yeah so I'm just repeating what you said so that would be great to see if we could see that and then one other question I have did you guys have to submit a storm water permit for the state do we need not trigger yeah yeah we need to okay yeah so just to expand

on that does does any changes need to be made because of the additional impervious surfaces well yeah that's what we're showing as part of the storm water PLS treating basically um water quality and quantity so the doer lines are new grades correct

thank you no I'm fine Brian up thank you Mark all up thank you okay I have a couple if we could um on uh noise I already mentioned my concern there uh traffic uh you reference a couple of things on um your your total uh traffic you had and your

cover letter you have existing and proposed and I think you are higher than you're proposed your math was off and that it so you had 40 trips today and you show saying 68 uh in the future but when you add 30 and 28 I come up with 58 so which one one is it the second page of your your it's right up behind you John what say it's right up behind you oh okay so those two numbers don't equal that

missing um let's what because what I'm going to ask you is is what are you the number of vehicles you expect or commit will commit to and what's driving this is in talking to the road commissioner he's got a couple concerns one of which is how many big trucks do you expect to have coming in there so yeah can I ask a question about the road commissioner that's a state road I understand that but he he has a say in what goes on in the town so or a recommendation so apparently I had the six instead of the the uh instead of the five so it's 58 it's actually 58 yeah because the proposed that I know it says existing trips which I just picked that up too so the proposed property use one in the bottom encompasses the existing and the proposed okay so so

you're talking about 20 18 correct math there's 18 additional trips with the proposed correct and 10 of that is uh cars and pickup trucks employees and two more big trucks a day correct is that what I it's not a high processing Lumber facility because the building's pretty I mean you think about it it's 6,000 square ft and so 50 by 100 so you're going to cut it up and somebody's going to you're going to haul it to whoever you're wholesaling whaling it too that's exactly right okay no no like

machino go and buy it from machine I have no interest you're not going retail I have no interest in people let just say that no Tom Tom would rather truck it off okay well that was sorry about the wrong math on the 68 I just want to make I mean it's even better it's even better so that is the good news but you bring up a sorry you um so the uh the big road is or the access that you'll be using is off of nine Hollowell right there is that right additional access to the South do you use that at all no um I created that more um for I think if I think it back a

number of years now um more for like a fire protection like another entrance for in case for for that it's gated okay well and I thank you and I it my question on that piece is there's a concern uh and deissy Town Road Cushing Road and big trucks coming out there are you willing to commit that that is only an emergency uh use yeah we we have never used it for anything so if we made that as a condition that it's only for emergency use you okay with that I would think that would be fine okay he doesn't want big trucks going down there y Florida is the town so for one the angle and the um just the roadway itself uh but as you all know that someday you'll give it to your sons daughters distant cousins you'll sell it and that person things could change things hopefully talking to you at that point there you go um I'm sorry any other so those I think cover my my initial noise we talked about light oh lighting

um there is a the town has kind of what I would consider a sort of weak standard on lighting you're lighting this up with flood lights what is the uh light leakage whatever term you're using at the property line I I think all those details are in the packet okay I don't know about lighting I don't think lighting it tells me electrical sent something should be in there I may have missed it there's a lot here we detailed the uh the lights and ligh is number 14 so the issue is that if you show some cut sheets for lights but you don't show where they're going to be located or the illumination levels what they'll produce can you describe what the lighting is on this on the property now it's building mounted so basically your typical building mounted so you know if we're talking about Dark Skies I can tell you right now we can take a light meter out there but we don't we don't have anything over the property line we're

going to have zero showing there so I'm not consider there's a there is the cut as George mentioned there is a cut sheet one of the last pages there sure uh that is a down downward lighting which is and is that uh it gets dark that kicks on is that the yes do you have any other U uh

parking lot like kind of things or anything is it all just that uh we don't whatever is on the existing building is is what there is and it's down it's not coming up with the right term but it's downcast lightning cut off fix thank you

um and then my other question is you say 7:00 a.m. to 7:00 p.m. so there's not uh trucks coming in before the Sawmill starts operating we won't be taking any deliveries or any sh um no I mean we've been I don't believe that I've ever had any noise complaint for the time that we've been there uh for anything that we've done um but there will be no deliveries uh prior to 7 a.m. um okay for would to come into the Sawmill so basically 7:00 a.m. 7: to 7 is all operations 700 p.m. is a is a stretch I mean we lay it out there because that's what the ordinance is Right 7:00 a.m. to 7:00 p.m. um I would suggest that the Sawmill is going to run till 400 p.m. okay but again 20 years machino has been

around a long time so right I and I picking on them as a perfect example they're new Glouster problem but uh just want to make sure that down 20 years from now 30 everybody says you know I'm not going to go 24/7 I'm not going to do without coming back here to get additional approval correct 7 I think it's a catch all to get late truck drivers honestly for his current business um or if you have a late truck driver sometimes you get caught with break down or something else you're just trying to do a catch all on that honestly it's not the it's not really the

is the generator powering all of the power to the building negative just The Sawmill just The Sawmill equipment um the lighting um will come off the uh the current electrical we have two um uh the H panels pan no well they're

not two panels they're just uh anyway we set we set the whole building up when I when I built it for two 200 amp panels we use one right at the moment so the electricity comes in off the Cushing Road currently goes underground to my shop and and the the lighting

and anything that does not require three-phase will be off the current Electrical uh service which will be underground in the park because he doesn't want to deal with an overhead now yeah thank you anybody else okay I think um at this point are we ready to move on to the conditional use approval of finding effect facts and what I'd like to do is as we did with the last meeting with CMP and um Mid Coast I'll read the CR criteria

and then ask you a question that George has typed up for me here uh about changes additions deletions and that we would rather read each uh each f finding fair enough yeah all righty let us begin okay so conditional use review criteria uh number a review criteria Public Health impacts the proposed use will not create unsanitary unhealthful conditions by reason of suage disposal emissions to the air or water or other aspects of its design or operation U so are there any addition additions deletions changes to the finding that the draft finding that is in

motion I'll make a motion that the applicant has satisfied the reasonable burden of proof of compliance with Criterion for public health impacts second second uh motion second any additional comment seeing none raise your hand to approve unanimous moving on to the next one there's a whole bunch of these here oh I've read them okay and that's just part one there's part two that has oh and have this part 67 and eight sure 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 and there are two and I would propose a third uh finding um two

drafts sorry to interrupt you you have two I have one I have one too where' you get the 24th version um because I'm looking at what I think should be page 30 in the packet right is there two or one George finding April 24th page 30 of the packet yeah do you have two findings or one I have a there will be an increase in traffic in and out of the existing entrance on State Route 9 by approximately 20 commercial vehicles per week or about 4 throughout the day that's right out of their submissions so there's two a separate application am I looking at the right one dra conditional use custom wood you have Geor you sent out another draft oh was that the revised one that I I'm reading the yesterday okay I'm sorry in the packet I'm reading off the other one the second condition I think I did I think I did let me get that up so I'm on the same page okay yeah sorry just a second to so while he's doing that I

will read um I think the either Yesterday Today George sent out a draft so let me read the two findings um that are there now and ask the applicant a question about the first one there will be an increase in traffic in and out of the existing entrance on State Route 9 by approximately 20 Comm 20 commercial okay so I am a little bit com Comm confused what is the increased

traffic is it 20 vehicles per week per week so don't you have to multiply isn't there a two youor y for hold hold on a second hold on can we bring up the traffic chart again please because that's I I ha I don't like talking in hypothetic not hypothetical I want to make sure that because you may be thinking something different from from me I'm perfectly happy I do that all the time in my job so I am confused on that the number I just want to get it right

George no it makes sense to me I like that too pull up the application letter need it up okay I've got come back yeah it's the second page there we go all right so regular employees or or just regular vehicles are our two trips per day which is what we're saying so if we just go to the proposed use we can go to the existing but the proposed we have 15 employees because we're adding five employees multiplying that by two you get 30 trips a truck is two an addition you know you have to times it so if you have seven trucks times two trips per day you have to multiply that by two so and this was specifically so Bill bra of Traffic Solutions who I work with all the time was he was the one who gave me this or supplied me with this dat I wasw the same thing so that gives you the 28 trips plus the 30 is the 50 uh the 58 versus the 68 58 and which is uh 18 more

18 more and so this total trips total trips again I'm not a traffic uh you know engineer but that's how do and that's how they look I just want to made I'm not questioning the the logic I'm questioning the number sure just want to make sure we get it right because if we don't if you don't and there's one day you know somebody Drives By and gets held up for an hour because there's 20 trucks leaving all at once I just want to make sure that you know what we're committing you to is is what you say is going to happen Okay uh so those are and those are additional 20s so going and I think maybe everybody has this one but uh so going back to finding a there will be an increase in traffic in and out of the existing entrance on State Route 9 by a approximately 20 trips or Vehicles trips so so there

will be an increase in traffic in and out of the existing entrance on State Route 9 by approximately 20 commercial trips per week or about four spread per day and the commercial is what I'm most interested in but we could add uh 10 more employee vehicles are we is that what I'm hearing you say so we'll cross out vehicles and put trips well we want to be very if we want to be quick yeah I apologize go go ahead I was just going to say eliminate commercial and change 20 to 18 if we want to make it match up to the math yeah I mean it does say approximately so 20 is fine is fine

now the other thing is that this says per week that's not per week it's okay good thank you and yeah Scratch Out commercial I like that too uh then we need to change it to so and then just take off still 20 is it commercial and employees is 18 to

20 yes okay if you want however you folks want to do if you want to leave in axely 20 we're saying yes fine just make sure it's per day because it's not per week and then so they then you would probably strike out the last part of that okay let me try it again there will be an increase in traffic in and out of the existing entrance on State Route 9 by and I would would drop the approximately 20 trips per day or about four spread throughout the day um no so we scratch out that last part of it or about no we scratched out the last part because we changed it to per day per day period the first part okay or so we don't care about the about four okay right and I don't mean to be a sickler at all but I say we keep by approximately 20 in this there the word approximately because we just talked about how okay now put it back in there yeah

okay so the then B the majur and this came up because um I think the original review we didn't see the site distance but it's on there the measured site distances at the project entrance on Route 9 are 650 ft plus uh plus looking

South and 1500 ft plus looking North we okay with that mhm then my change is access to Cushing Road will be for emergenc will be for emergency vehicles also the public works or Road commissioner whatever his title is any concerns can you say that again sure uh access to Cushing Road will be for emergency vehicles only yeah that's it period so which is what you're already doing I think the only thing I would add if we want to be technical is make sure that it says from second entrance because if for instance Tom has to get down and deliver to the gentleman down at the end of the road technically you can't access that because it's in in these that is my intent I know it's not the intent no that is my intent oh my intent is if you want to deliver to anybody on Cushing Road or otherwise you go out on nine if that means that rely you have to come back on Cushing turning off a wider Road the only thing I've

done with that entrance over the last 14 years is plow it okay we probably still Chief will still want you to plow it so my intent is no the only thing is you know if it's blocked and there's a fire your guys either have to leave or the fire guys have to get in there yeah so it's emergency only I I know that what I'm saying is if you really wanted to be narrowed down enough for the rest of the traffic but if we put that in there then technically he can't really go out his property and then go back in Cushing road to serve that client so you add the word direct access direct access I'm not sure I understand because it's putting it on his property and his business oh it's a residential and business use no I'm just saying that if we don't say it's for his second access or entrance then technically he can't go and access he can't go and access the rest of the town and public can do that but he

technically couldn't do that because his access in this says only yeah so I couldn't open the gate and plow it no no not the gate not the second not second access I'm just saying in general you are not really allowed to get down Cushing room okay so if you look at the map there's is this driveway doesn't show real good on here that goes out to Cushing Road and John what I think you're saying is they can't use this access onto Cushing Road for their business use that's what I'm trying to I mean I correct you been a little nitpicky but well what he's pointing out is the wording of it he wants to make sure that that doesn't prohibit him from driving out onto Route n and then going down and using pushing road to get to the other wood lot oh I see the access road to Cushing or to the site so if you just add the word direct access put it in front so okay let me try it again yes direct access to Cushing road that makes

sense words matter okay I just don't want somebody coming and saying you can't access that you can't go on Cushing uh okay so let's try it again direct access to Cushing Road will be for emergency vehicles only perfect okay thank you so I will make a motion uh

since I've got a written down here um so traffic safety impacts the proposed use will not create unsafe vehicular or pedestrian traffic conditions uh okay let me I'm just going to read through all three again there will be uh an an increase in traffic in and out of the existing entrance on State Route 9 by approximately 20 trips per day period the measured site distance at the project entrance on route nine are 650 ft plus looking South

and 1500 ft plus looking North period C direct access to Cushing Rob will be for emergency vehicles only so I will the I will make the motion that the applicant has satisfied a reasonable burden of proof of compliance with the Criterion for Traffic Safety impacts a second second it's been seconded uh any further

discussion seeing none please raise your hand to approve it is done Public Safety impacts the proposed use will not create Public Safety problems which would be substantially different from those created by existing uses in the neighborhood or require a substantially greater degree of Municipal Services than existing uses in the neighborhood there are four findings on the updated one I don't think this changed uh so are there any additions deletions changes on those four findings

motion I'll make a motion that the applicant has satisfied a reasonable burden of proof of compliance with the Criterion for Public Safety impacts I'll second it's been moved and seconded any further discussion seeing none please raise a hand to approve okay number four environmental impacts uh the proposed use will not result in sedimentation erosion or have an invert adverse effect on Water Supplies uh findings The Sawmill is being constructed on an existing cleared and graveled surface wait a minute I'm sorry are there any additions deletions or changes to the findings do any trees need to be cut or it's all cleared like all the yeah okay sorry any seeing none do I have a motion

I will just note on here um because this is just conditional use I'm you know I'm fine I don't have any additional comments but for site plan I would like to talk further about the wetlands and stuff okay just we need to decide if we want to do a site plan visit or site visit is that what you site kind of together but no okay do I have a

applicant has satisfied a reasonable burden of proof of compliance with the Criterion for environmental impacts second okay we' been moved and seconded any further discussion seeing none please raise a hand to approve unanimous 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 uh and I I'm not sure if I do uh have any changes we might does anybody have any additions deletions or changes do we want to talk more specifically about well noise here or is that another one that might be another thing oh next one sorry we say there will be no impact on the

about scale and intensity use yeah and it talks physical size visual impact intensity of use and proximity visual impact would be um existing trees surround the site right we have 100 uh foot buffer that's wooded from Kosen Road currently um and the other well one side

the the route n side of the property is lawn and a few ornamental trees and then we have power lines the other two sides of the uh the property so no residences can see no the the closest residence is like, 1500 ft away yeah so maybe we add something like that for visual just that maybe not we don't want to but say that again I'm sorry something like there are no visual impacts well to any residences D is the closest residential structure is plus or minus 1400 feet

impact you may is the new building taller than your existing building it is not so the other part of that is the existing building is actually you know out front of the site is has the most visual impact this building is going to be tucked further down so um further down and in back so the visual impact I mean you can make your own decision but really isn't

applicant has satisfied a reasonable burden of proof of compliance with Criterion for scale and intensity AB use second moved and seconded are any further discussion see none please raise a a hand to approve unanimous noise in hours of operation the proposed use will be compatible compatible with existing uses in the neighborhood with respect to the generation of noise and hours of operation and there are three findings um I have uh two two changes that I would recommend one is in paragraph B additional noise would consist of The Sawmill and a generator CU there is it's both as I said earlier y uh so that's so

additional noise would consist of The Sawmill and a generator to run the The Sawmill the gener and B C the generator will be contained in an insulated steel structure and all noise will be below the aable threshold list on the Durham Town ordinance 55 D DBA I think it is

but Pro noise study and I change it from Just generator to insulated yeah uh but it will generate some noise is it Sawmill sound insulated the building's insulated okay um the going on is in the building um there will be a a loader that loads a a

brow that feeds the material inside the building okay I think what I'm trying to say that all noise generator Sawmill yeah that's everything else you know rap music played loudly cannot exceed the town standard at the property line you didn't know he's a rapper did you I did he impressed me that way this afternoon I don't think so I was just writing checks that's all I was doing I wasn't rapping uh okay so does everybody clear on what I'm trying to say there a motion please I move that the applicant has satisfied a a reasonable burden of proof compliance with the Criterion for noise and hours of operation second moved and seconded by Juliet uh if you approve please raise a hand unanimous five no uh number seven

right title or interest the applicant has sufficient right title or interest in the site of the proposed use to be able to carry out the proposed use uh one finding any additions deletions changes to that finding seeing none to have a motion we'll make a motion that the applicant has satisfied a reasonable burden of proof of compliance with Criterion for right title or interest second I'll second Mark and Juliet uh any further discussion seeing none uh please raise hand to approve unanimous number eight 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 person pursuant to subsection 7.5 uh two findings any additions deletions uh commment changes on that so we have the total as

approximately correct okay yeah additions deletions comments seeing none a motion I okay I'll move to the applicant has satisfied a reasonable burden appr proof of compliance with the Criterion for financial and Technical ability second moved in second and any further

hand to approve i o unanimous next one conditions of approval section 75.5 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 in addition to those required by other provisions of this ordinance as it finds necessary to ensure compliance with those criteria and all other applicable requirements of this ordinance violation of any of these conditions shall be a violation of this ordinance um before I ask you if you have any changes I'd like to throw some out uh things I think we've already talked about uh traffic impacts are we limited to a total of uh approximately

20 trips per number two is um access to Cushing Road will be Li direct access to Cushing Road will be limited lied to uh emergency vehicles basically what we said earlier number three or four noise will meet the standards in land use ordinance section George do we know the section that is what I'm trying to say is it has to be 55 DBA just the standard for noise limits and I'll give the proper reference okay so basically it has to meet the standards and the land use ordinance um and then my last one is um George did you have verbiage for the fire protection I think you offered up some verbiage for that yes that is already in the site plan review but we can cross reference it no we don't if we don't if it's going to be in site plan review I'm good Chief's good I'm if everybody else is good okay um let me just make sure that's in

that in the next please uh I don't and I also have another one after that traffic impacts will be limited to a total of approx a instead of total traffic impacts will be limited to approximately 20 trips per day which is I think what we agreed to really so addition that's the problem is is it says increase on the other and it doesn't say increase there will say increased traffic impacts thank

limited to approximately 20 additional trips per others I had one more exterior lighting will comply with land use ordinance as well which I think you do but just so down the road everybody knows what it is any questions comments thoughts from anybody should we also put in the uh dry hment installation I'm good with that go ahead two of them uh again we had I had drafted and I

think I circulated it in the email uh a proposed draft condition of approval for the fire chief um maybe it was in no you said it that's that's what I was asking about if you I didn't unfortunately I I brought I'll find it but it basically references the uh NFPA 1142 they have to they have to uh provide a fire protection water source meeting NFPA uh 1142 uh that is acceptable to the fire that is acceptable to the fire chief which includes those dry hydrants correct so as long as that's covered I me okay yeah I guess it has to be it can't do it unless it has the two dry hydrant okay do we want to make that a condition here you can George would you mind reading it I don't have it in front of I probably do on my phone actually yeah and I'm going to have to find it as well as I said I just we'll see who finds it first um basically it said that

the applicant shall prior to occupancy the applicant shall provide a fire protection water source meeting NFPA 1142 standards for suburban and Rural Fire Protection uh satisfactory to the fire have the exact word somewhere here if I turn my phone back on are we referencing the letter from

trillian to your fire chief is that what you're no George I had uh Senate I believe is an email you did and I just not I'm not sure everybody got it give me just a second are there any other comments on anything else that we've talked about while I'm trying to pull this off and up and I can read

to just say uh fire protection will be provided in accordance with the NFPA whatever that standard is yeah that's what I just quoted okay so let me try writing that George 1142 11 I think I found it uh as here it is it's on the board right behind you first section 8.4 point I prior to occupancy the applicant shall install a fire protection water supply meeting the recommendations of NFPA 1142 water supplies for suburban and Rural firefighting acceptable to the Durham fire chief

verbiage okay then let me try making a motion since I've been taking notes here all right so I make a motion to apply the following conditions of approval to the permit for conditional use the project is to be constructed in accordance with plans Maps diagram specifications textual submissions and testimony presented by the applicant and approved by the board board which already includes all this but increased number one would be number two traffic increased traffic impacts will be limited to approximately 20 trips per

Cushing Road will be limited to emergency vehicles the next one will be noise will meet the standards standards in the land used ordinance the next one is exterior lighting will comply with the land use ordinance and the final one is is what's on the board uh which is per section 8.4 point

is that one or I George I I prior to I Comm see the applicant install fire protection water supply meeting the recommendations of NFPA 1142 water supplies for suburban and Rural fighting acceptable to the Durham Chief those are the conditions applicants have any concerns about them the board actually this might be a little nitpicky but in number two should your should it read increase traffic um instead of just 20 trips per day should it be 20 additional trips per day well we say

yeah uh again seems a little nitpicky I don't know um it's increased by increase or additional take out to increase put additional is that I'm easy either any thoughts so instead of increased traffic the number one catches it because they've told you that's what it's going to be and that's what the documents say so so let's just leave it as increased yeah and the issue is I mean nobody's going to be out there counting on the other hand unless there's a complaint all well all of a sudden there's aund trucks coming out of there then it's clear that that's a violation so I wouldn't worry too much okay so we'll just use increased yep okay so does everybody remember what I've been reading off there were six is that correct one two three four five and

six are six yep George you're good you're going to put these together for us yep okay do I I will make the motion the planning board grants conditional use approval of the expanded use of main custom Woodlands to include a sawmill subject to the adopted conditions of approval which we've read off a motion do we need to vote on the one that um oh you're right I'm sorry uh to apply the following conditions of approve the one above that to apply the following conditions of approval to the permit for conditional use and all those things you just read you just read the things I read or I can read them again no I don't think you need to is everybody good I'm fine okay a motion I'll make Juliet second Mark been moved in second any further discussion want me to change it to anything else all right before he Mark says anything raise your hand if you approve next one planning board decision

uh the planning board grants conditional use approval of the expanded use of main custom Woodlands to include a sawmill subject to the conditions of approval that were above a motion move second Juliet uh any further discussion if not please raise your

completeness review of uh the site plan application uh and George put some comments out there George um I think a lot of these comments you have we've already discussed are we yeah I think to go over them again you've got a complete application I'm good with that um so we've got the site plan review checklist for these folks uh does anybody have any comments concerns about anything um that are uh included

here can I ask a just admin question is this something from George or are you just going like do we have a prep like we just did so on page 40 of the packet you have the site plan review draft findings uh for site plan you need to go down through those too

conditional use approval now you got to go through yeah now we're in in the complet review of the site plan review y so it starts on page 40 okay thank for that are there um so does anybody have any concerns and things that you think are missing or yes I would like to see a wetland

available yes I mean available as like tonight no but if you put it as a condition of remov I can submit it okay we need to think about how to do that I guess yeah I'm going to want to look at it you know during the review so it wouldn't really be a condition of approval but we could go forward knowing will get it next time or whatever okay I

don't know what others feel is there going to be a next time I don't think there is a next time and I guess one question is what is the purpose of it because the construction is occurring on an already developed portion of the site so my main concern is if that pond is a wetland and it's not man-made then I think that it could require a permit to take out the water to the impact of it I'm not positive on any of that but take out the water you mean in case of a fire you're saying removal of the water itself yeah I think so I'm not positive I think Mark could definitely opine on that it it sounds like he has here is a thought is that the the issue on Wetlands I mean I think I'm okay with you know it looks I see the other Wetland he delineated um um but usually we see a delineation report for these types of things well here's and I I apologize that we didn't submit it I thought it was in here or sometimes sometimes Mark is

unfortunately he gets he's uh um he's getting a little older so sometimes he doesn't submit all of his reports care what you say about old people oh hey I'm I'm there with you so we're C so um and I'm also yeah we've been doing this for a while well anyway so so yes he was um

he was out on doing that and I I'll have to go back and take a look at that but yes he's I mean I want to make sure we do want to need at all the wetlands and na that down well here's a thought on that is that if we move forward with the approval of a condition for uh approval

of the next step to plan could we make it a condition that you have to show that they have to show that um at some point time before starting work or because if I think what we've already said is if this Pond isn't going to work you're going to have to go somewhere else we're going to have to build one you're going to have to build one yeah those are and I've talked to the chief about that as well so can we make it a condition that if it is a wetland they have to build something else okay we have either can we try to clarify something okay so my understanding is there is a pond there now yes and so I don't think the issue is you can't take water out of the pond if it's a wetland so stop right there you're saying it's a pond yes on this map or the survey it says Wetland I understand so that is the discrepancy I'm talking about I understand yeah but let me just clarify what I think the issue is if it is or isn't a wetland so

as I understand it the issue would be if you were to create that pond in a mapped Wetland that requires a wetland alteration permit from the D if it's over 4,000 square ft so it's not that you can't take water out of it it's that you would be triggering the requirement for a wetland alteration permit that's my that's my understanding yes so similar like what I'm worried about is if that is a wetland and whatever you're proposing could trigger some sort of permit that's exactly right but in essence it would be after the fact at this point because the ponds already been created no the Pawn's been here for a very long time time it said they said it's a man-made Pond long time ago doesn't matter it doesn't no the man-made creation of it is not the trigger what we're proposing to use it for is potentially a trigger if it's a wetland well if it's a if it's a wetland but if we I guess the question is if

it's not a wetland do we what I'm trying to get to is would what I'm hearing is that and I guess it's it's everybody else are we okay with accepting that it was dug and it is a pond or do we want to have some kind of report that says it's not it's a wet one in which case if that's if you know is that the first choice and I'm I'm fine with it call it a pond but the the thing is if in fact we're concerned it's a wetland before we've already said that at some point in time they've got to build this pond so you can't build the p and if the law says you can't build the pond in a wetland you've got go someplace else so this is all depend you know see what I'm trying to say yeah we're not building a pond so just to be clear too all ponds are wetlands just just so we're clear on on that whole so the delineation of just

the Wetland symbol in being an existing pond and a man-made pond so for instance we're dealing with on another site we have a um a man-made Vernal pool but by d's regulations it's man-made and it's always going to be manmade and the same thing with this it doesn't it doesn't run out after a certain period of time it's always going to be a man-made um Pond like like ditches um or ponds adjacent to 95 for instance so manmade because you created if it's man-made is manmade forever correct right and then the rules are different for man-made structures and ditches and things like that so so that's why that's why forgive me I didn't mean to interrupt you but that's why we're choosing this pond in in the volume everything else to convenience it happens to be the low point on this that was created manmade created a long time ago with the roads and and things like that so that's why we're using we're trying to use this I

think Juliet's concern is is and not to put words your mouth but you're looking for something that says this was not a pond this has always been a natural Wetland that saying that right something something from Mark to that effect you know he's reviewed it and this is his sure technical well that's why I'm saying make a condition to approval if you need the paperwork that says that's a checklist item that says it's a man-made structure that we can supply that everybody else okay with that so actually first are we doing a completeness review right now no we' skipped that okay we've already compl yeah I mean I asked if there was well I think Juliet had a concern that it's not complete because she wants to see the Wetland report is that what I'm yeah that's what I thought we were on the completeness and then saying it's not complete but what I was saying then then is we can go forward and discuss check the completeness box

knowing that we'll get this info later I'm fine with that so okay so any other issues on completeness um no I don't think I don't anybody else have issues on completeness I'm not seeing okay so do we consider I guess do we have to have a vote a formal vote on completeness yeah okay okay so do I have a motion saying that this is complete contingent upon getting the wetlands report

for it or whatever whatever the right term is yeah we can deal with the uh timing of the report in The Next Step at the at the conclusion with the conditions of approval yes okay so I'll second okay I'll so it's been moved and seconded uh does anybody have any uh

um other comments comments if so uh vote to approve that it is complete uh contingent upon the wetlands report by what date well we'll we'll deal with that with the conditions of okay yeah that's the next step who made those motions I did I seconded okay

yeah okay now we're on to sub substantive review and um so my thought on the wetlands thing is we come up with a condition of approval on on the approval of that but George is there anything I think where a lot of the stuff that you already have on the your comments or repeat from yeah first part of this okay so we're on to substantive review and site plan approval draft site plan approval finding of facts in decision in decision

so all of the um submission requirements are there um does anybody have any comments on um the documents that are listed there okay so I just included your last vote right there has number 16 no I I assumed that when you were

giving your completeness decision I recorded it right at the bottom of page 40 on your I got you on your packet yeah that but submission requirements under submission right where did you you've already you just voted the applicant has met the submission requirements for site plan approval ah you put it in there okay I got you so number 16 under the submissions is exactly okay yep so you you can go on to page 41 okay I will make the motion that we have to and we voted on that you said that vote is done yep gotcha all right thank you utiliz so next site plan review criteria did you guys understand that yes yes okay utilization of the site site plan review approval criteria and design standards utilization of the site there is a bullet there uh any comments additions deletions changes to that finding of fact seeing none do have a

plan reflects natural capabilities of site to support the development buildings and parking are located on suitable land environmentally sensitive portion of the site have been avoided or protected and natural drainage is maintained to the maximum extent practical second moved and second additional comments um under B uh number

two uh generating 20 daily vehicle trips should that say not there yet oh I'm sorry I'm still sorry I'm I'm good with that one okay it's been moved and seconded I think yes and any other comments if so if none please raise a hand to approve passed uh adequacy of Rose system the project is located on State Route 9 in arterior with adequate cap capacity to accommodate the proposed uh development the existing 10

employees generating generate an additional okay so here I think there are some changes that need to be made and number two reason I'm reading this is because there needs to be changes I think employees uh we don't talk about what the

employees or 10 and then 20 daily vehicle trips and five trucks that's the existing number three is the propos but they but they that they and then it says generating additional 20 trips for a total of 40 trips per day those numbers don't Jive it's it's generating an additional 20 trips but is it not now 58 or whatever number we want to use next item down he's just adding in the first one or second one he's adding in the the vehicle trips and trucks for the 40 but it's not additional no number two was an additional can we take out the term additional no because that's adding to the employees yeah that's the combined of the current number two is all the

current you're getting thrown off by the word additional thinking that it's the increase of the proposed expansion but it's not in number two ah I got you all right thank you uh so then number three so I don't think I have other than 68 is really 58 yep that's it andless do we need to make it 60 because we're allowing 20 approximately I'm sorry just this is this is the new map I feel like I want to vote honestly I want to vote is there a chance I can vote just try believe me we're not going to give you a 68 as so and then anything on the other one I'm hellbent that you're not going to get 68 okay it's well below the threshold um the only thing is this the place to add we've already done it in the condition of use the use of crushing road we don't need to do that again do we George uh you will have it as a condition of approval which is fine that's good okay any other comments on adequacy of Road

system with the change to with the proposed expansion vehicle trips per day will increase to uh approximately 60 any other comments I will move the access roads have capacity to take the added traffic proposed and the project does not generate Peak our trips and uh affect Traffic

Safety on the these roads second second it's been moved in second in any other comments seeing none please raise a site uh and I would like to add um the direct I would like to add the direct access thing George I think it's appropriate here yep and you need me to go back and read

that so direct access to Cushing Road will be limited to emergency vehicles that's it so there's two findings there any others motion to approve I'll move the project entrances meet safe site distances are appropriate spaced and meet Traffic Safety standards second oh second move second and additional comment seeing none um approve raise your hand unanimous internal vehicular circulation the site is relatively level with adequate room for safe operations oh I don't need to read them anybody have any additions deletions comments seeing none um

site plan minimizes cut and fill alterations and provides adequate room for safe operations the entrance and circulation are adequate for the types of vehicles anticipated and fire Lanes around buildings are adequate and clearly marked second second by Mark Brian made the motion seconded any further discussion seeing none please raise a hand to

design um George we have to vote on the this where there's no parking as proposed we need a motion on that I don't think so note that we we decided that no Park parking was not an issue utilities uh there are um five findings of fact there any comments on them additions deletions what what uh um number three we talk about the ordinance level of sound being 55 I think yeah DBA and then number four we say the generator ranges from 70 to 73 DBA that's right out of their application so um it's right at the generator like you were standing next to it okay not the property line yeah right so I don't know if we're good with just the way it's worded there or want to I think it confuses it I mean I think yeah uh we talked about insulated there's two things on three the insulated steel structure it's a trailer that doesn't bother you know below but what we're trying to get to is what is it at the um property line and

in my mind it's just better to go back to what we used earlier which is will not exceed combine all noise levels will not exceed uh noise will meet no that's not did either uh well no well meet the the standards of in the land use ordinance is one of them is everybody okay with that rather than try to the 7073 is a little bit confusing in the submission um the noise uh study that I did um for the generator within 250 ft it was well below no understand that the town ordance yeah I'm not arguing any year what I'm saying is I I didn't know how you needed to clarify the property line is it okay I won't say that I don't care if you all go deaf because it's too loud in there that's not appropriate and somebody's watching TV will give me a hell about but earplugs um so my recommendation we scratch number four and just add in what we said before which in your case you said all equipment say that again in your case

you said all equipment which Sawmill generator everything that is leaving the property cannot exceed 55 correct uh and I I like I would drop uh the three and four and just go with the noise will meet the town ordance yeah rather than argue about what the generator does or or doesn't do or what is everybody else okay with that yeah so number three would be uh the

noise will meet the town land use ordinance why did we say that before George whatever we said before I'm just looking for yeah I'll reference the uh the ordinance section yeah no noise will meet the standards in land use

so number the faite plan um okay the site plan do do we do we care well these are these are just facts that's what was in the application okay so so so the noise becomes three and number five becomes four yep so try it again sorry existing sanitary and Water Service are available on site electrical lines are underground uh number three is the U the noise will meet uh the limit the requirements of the land use ordinance per section that George will add and number four is a site plan shows a generator being located outside of the north side of the sawmill motion I move that adequate utilities are provided second second it's been moved and seconded um any other comment please raise a hand

unanimous lighting design standards uh are there any comments on the U on this is provided for the proposed second any additional uh discussion seeing none raise a hand to vote please okay signage same thing no no we recognize that no signage have been proposed there is a sign already right existing no new sign no additional

protection um I I would add the what we did on the NFPA stuff well it's actually in the motion that's coming up oh it is MHM okay um well those are the findings I I will move that the water supply will sustain fire susp requirements of the FPA 1142 water supplies for suburban and Rural firefighting for number one though it says there's no on-site water source

so that's that's uh that's true today yeah so you you might want to add a number three that the applicant has proposed to build a fire to BU U add dry Hy to an existing oh that's what you mean okay no working got it okay so are you willing to change your motion or is the fact that no I'll resend my motion okay and we need to add item three for the dry hydrant requirements to location

applicant and that stuff about will do NFPA whatever it is discussion the new the new motion I'll make a second uh any further discussion seeing none raise a hand to there's comments in here any additional comments the CMP is to the North and South right

or east and I own the property on the other side of each okay right they specifically says that CMP are we good with those three yeah just that addition is might be minimal but on the North and East for CMP power line we'll add East yeah okay I'll make this motion um so number one the developed ports of the project site are located uh approximately 500 ft from N9 with natural vegetation as buffers between it and Cushing on the south side of the property the CMP power line is the Buddy property in the north and east another wood products in processing facilities the butter to the east also to the east whatever so um I'll make the motion that the applicant's Landscaping plant adequately buffers a Butters and public from use of parking G gar garbage storage utilities and outdoor storage and designed for adate long-term maintenance um just so there is no Landscaping plan right you don't need one correct right

second sorry you know that's discussion can come after a motion and second okay so it's been Mo a second do so I'm just saying like instead of saying the applicants Landscaping plan we should just say the current condition adequately the plan adequately just dropped Landscaping yeah because there is no Landscaping I will renew my motion or I'll take the old one out put a new one in the applicants plan adequately buffers of Butters and the public from views of parking garbage storage utilities and outdoor storage and design for adequate long-term maintenance do I have a second I'll second move and seconded further discussion raise the hand uh unanimous uh historic and AR archaeological uh resources no historic or archaeological resources we've recognized that Financial capacity uh hold on so sorry we so that is that in there that's one thing I didn't um do you applicant is confirmed that was submitted as part of the original

package okay yes that's right back to 2009 okay the applicant so you nothing's gotten older since a little bit only me all right there applicant submitt Financial capacity the applicant submitted project cost estimates totaling approximately 500,000 I don't need to read those there's two two comments additions deletions or

the applicant has quate Financial Resources to construct improvements in keeping with the standards second second moved and seconded further discussion raise a hand to approve unanimous technical ability there's two comments there two two facts findings any comments on

that the applicant is adequate experience with s development in or and has retained qualified consultants and contractors to complete the project in complete in keeping with the standards second second moved and seconded further

discussion seeing none please raise a hand to approve okay uh okay so on this one before we get into the motion um a potential to to hopefully resolve and keep this thing going going the the question of the wetlands do we want to rec before they

get building permits do we want to require uh them showing that that pond is usable or come up with a an alternative the the condition would be either show the the study that says that is not a Wetlands the pl P they plan to use or develop a alternative in conjunction with a fire chief well that the the applicant has stated that that plan is available so long as we receive it within a certain time frame I think it would be adequate okay that's I think that's what I'm saying is that before you get um I guess it's a building permit they would have to show it yes is everybody else okay with that or you don't get a bill or either you I thought it was so didn't I hear before occup that was a separate thing building we're f with building permit so submit a report is what we're talking about specifically yes naming what the Wetland the report you have mentioned a couple of times the Wetland report that we're

discussing ex so submit that and get and if it doesn't if it doesn't call it a pond it calls it a wetland then you got to have work with the chief to come up with a plan B so no no no no a manmade yes is a manmade correct okay you got it yes George where would we talk about that in our discussion that we just had where would like wetlands and natural resources all that come up okay so under the submission requirements I believe it requires all Wetlands to be mapped okay so what I'm saying is there is no discussion like we just had a historic and archaeological resources discussion there's no like Wetlands natural resources I've gone through so many of these but I feel like no I just went through it and I don't see is that weird uh utilization of the site okay that was that okay they have to they have to avoid environmentally sense of areas we're good so let me try making a number five on this is um can I give it

to you I've already got it pardon me can I give it to you yeah it works for me prior to isance of a building permit the applicant shall submit a Wetlands report verifying that the pond is manmade okay everybody good with that I am Y what do you think Brian yeah

okay okay I okay so we will leave it so I think have I made the motion if not I will now uh motion made by uh me the planning board grants site plan approval of the main custom Woodlands subject to the following conditions of approval to be noted on the site plan the project is to be constructed in accordance with the plans Maps diagrams specifications textual submission and testimony presented by the applicant approved by the board for Section 8.4 K if the applicant wishes to make any changes to the approved site plan the applicant must meet all of the requirements for a site plan approval for that changed part of the application I.E the applicant will go through the site plan review process only for the section of the permit they want change per section 8.41 the applicant shall commence construction the required improvements within 12 months of planed approval and shall complete set approv

ments within 36 months and I will emphasize that per section 8.4 m one copy of the approved site plan must be included with the application for the building permit for the project and all construction activities must conform to the approved site plan and prior to George would you read that again so yeah prior to issurance of the building permit uh the applicant shall submit a Wetlands report and verify that the pond is manmade and I think you might want to also repeat the fire uh protection provision that we had

in the conditional use as well as the Cushing Road access limitation okay so five would be what you just read yep six would be the fire requirement for the fire protection Pond which is on the board the it's gone yeah sorry we'll just carry it over from the everybody's good with we're going to reiterate that and because this one also deals with with traffic access vehicular access will also repeat the Cushing Road uh access direct access limitation okay direct there will be no direct access to Cushing roll the direct access to Cushing roll will be limited emergency vehicles okay so there are that's what seven of them total yep so second it moved seconded uh any further discussion seeing none please raise your hand to approve it is is there anything else I think we're good it's been fun all right thank you very much no high five thank you very much that's right so remember to keep your rap music

down Jesus Christ I wish I had that Talent probably be a richer man honestly can I take a quick yeah go ahead does anybody need to take a quick break while uh Ruby Farms joins us thank you George yep thank you what are we into the third period there Brian the start of the second second start of um so you've not been paying attention to this uh so far no I have been actually we we're missing a couple of people so we we'll just give it a couple of minutes uh I would assume Mr cop is not coming correct that's

fine we weren't going to wait for him so the formal thing I appreciate your you you got your response to us and I appreciate that we'll talk about it here in a bit think we've covered a real quick overview um well two things we'll start with the uh incompleteness from last time we'll sort that out is there Step One

nuts oh I know it's like you imagine seeing that coming at you if you're flying a plane do you want to move this table this way get out of the light yes it's it's not a good yeah don't look into the light don't look into the light care well I think personally I think anybody who shines a laser at a airplane should be as you know that should be a punishable by death exactly because I mean you could be killing I me to me that's attempted Mur whether it's negligent or otherwise that's attempted murder

to think of 747 going down just because some kid want to want to Blind you know show off his laser there I can't even 2 after eight okay that blue light is it like in my left eye and I can't see um what I'd like to start this piece with before we go any uh we get into the review of anything is

uh would you just kind of bring us up to date you thank you for responding but you responded to the issues that we had with the incomplete uh application can you just bring us up to date with that sure uh good evening my name is Rick Meek I'm with tadine Consultants we're out of new glester Maine um afcan is Mike cop uh in Durham uh so yeah so uh there are several issues brought up at the last planning board meeting um uh the letter speaks for itself I I can go through them each one if you'd like um but we've responded to the the three that that we were responsible for the the the original performance bond um the first four occupancy permit dates and an engineering estimate for completion of the of the road in Phase One um the two other items were um uh

Council from Town's attorney um and I I don't know if that that's been completed or if that can if we can move forward without those um at this time so okay so summarize the bond date that you've got that covered so the engineers estimate I understand there's been an increase in the engineers's estimate from 109 to 142 and some change yes okay and when you're talking about in the process of updating the performance bond you're going to include that new engineer estimate that that the bond will be for the new engineer estimate correct and then the question is uh is that is that Bond

acceptable to the town attorney uh was number four I guess yes and so we've got the engineer estimate we know it's higher we need to sort out whether or not the the bond that you want to submit is acceptable to the town correct and so you're going to do that or who's reaching out here's the challenge gentlemen is the town attorney is going out of business on the 31st of May I'd like to keep this moving faster than that but uh that is an issue out there and so the town's got to find a new guy so I guess my question is where are who's responsible for this and the

next two uh working with a town attorney so we can C we we're certainly the applicant is certainly amendable to pay the fees it's whether the town wants us to initiate the contact or not and we can certainly do that the answer is no you'll initiate for four and five you'll do correct okay so I think that okay so so uh so four and five are

still at this point unresolved but we need to move them forward uh okay so the question then is are as the board are we okay with moving forward on the preliminary plan approval through the pre preliminary plan approval contingent upon the bond the bond really doesn't kick in until um construction anyway

and then whether the legal Authority is there to do that may ask a question you may what changed on the cost estimate uh the price per ton of of the asphalt so what I don't see in the estimate are labor hours it's included in the in the that that cost is incl inclusion of the laying down of the pavement it's not clear I'd like to see it more clear in estimate knowing breakdown is or or just say that it includes labor cost okay the way it's word is it's just for materials and I think there was I don't remember the the wording but there was a statement of the effect that it was it went up because of and that may have been an email that I saw somewhere

actually from a quote from the a paver and I just verified that the quantities matched what was needed will you provide that backup yeah can reason would the town need to who's responsible for the engineering plans of what need to be built I don't see soft costs those engineering costs built into the road is already already designed it is okay we just take them off the construction drawings that you provided that were originally provided for the for the original approval yes

response back from the legal team within the next before okay uh I had sent out uh this response from the applicant and I had indicated in there that in my opinion uh typically performance guarantees are dealt with for the final approval as opposed to the preliminary approval this one was unusual because of the status of non-compliance of phase one uh but I think it would be perfect perfectly acceptable for the board to consider allowing the granting the applicant preliminary approval uh and then having now that they've indicated that they're going to fix the problem and they're going to cover all Town costs associated with the fix I think it'd be perfectly appropriate and acceptable to have them include that

$142,000 Bond if it's verified by the town attorney as part of their final plan submission so and also you've asked that we get an opinion from the town attorney that this can be after the fact approved as a phased subdivision phase one being the previously approved portion phase two being the proposed expansion so uh that that would could be done as preparation for the final plan approval so go ahead so but the second

point is that we are asking them we are asking the attorney if if we have the authority yes to Grant so if the town attorney determines that yes this could be approved as a phase subdivision with the first phase already have been commenced that's kind of the issue can you do this after the fact yeah uh so if the attorney Town attorney and again recognizing we're trying to resolve a violation uh and typically attorney attorneys will will uh advise the council to work with people to correct violation which they're trying to do in this case so if the town attorney determines that yes you can do this in order to solve the violation then they're good to go in terms of satisfying you that you have the legal authority to do what you want to do if the town attorney says no once that three years completion date is up they have to come back for a uh preliminary a new preliminary approval they can submit

that with the final plan application for phase two and basically get both both get the first project reapproved and they'll just go through that process so either way it ends up getting resolved so what you're saying I think is that we should we should consider doing this in parallel yeah instead of waiting to hear back from the town attorney before going forward in in part because the town doesn't have a town attorney now well we do until the end of May the end there's no way they're going they're going to do this before they get you don't think so attor don't work that fast I don't think so well the uh guidance to the town manager last night was tell them what we need and see what we can get now if if I'm retiring I mean if if you're uncomfortable doing it that way then we can just say look we're going to you're going to have to wait until we get the town attorney's opinion my feeling is

that we go on with preliminary plan decision approval or not with the um two issues is that we have to determine it has to be determined if the bond format they're using is acceptable yep uh which you're right we don't need that at this point but when we get to final plan approval that would be good to know and then the other question is is it okay for us to um uh Grant can we what what was the term as the authority Grant uh and after the fact exclosure so uh my thought is

we drive on with getting to a decision yay or nay on the preliminary plan and then uh I guess it before final plan is approved I'm I'm thinking out loud before building permits are issued what it before final plan before final plan so the state's um stages here is prelim and then final right those are the two steps so yeah maybe we could yeah yeah drive on with the preliminary plan this evening and then you understand what we're saying there Y and then I guess the question is there's also a request that uh for us to extend

the the the phase one which I don't think we can do because if we are talking out loud no what you would do is you would uh re recharacterize this project as a phase subdivision phase one is almost complete it just needs as I understand it the paving and so you're basically going to allow them to move forward on phase two subject to completion of phase one by June September 30th whatever the date was that they had they had indicated uh and then the new extension would go for the standard time limit okay uh can you say that again yeah thank you okay so basically you will be if if you agree to go forward on this track you'll be basically approving this project as a phase subdivision subject to town attorney's confirmation uh with phase one being completed by September 30th of 2024 and then phase two which is the four lot expansion would be subject to The Standard time limit of one year to start three years to complete and do we

do that as part of the pr because all we're looking at tonight is a preliminary plan and the preliminary plan just says yes you you're going to go with that with that approach so what you just put as conditions would be part of preliminary approval okay if we get there and it's already I I did draft and circulate a draft preliminary approval for you to review okay so I think that resolves the issue of phag better ter the past the history doesn't resolve it but we have a way to go forward with the preliminary plan just um quick question the the bond

or the estimate for completion of the road is for phase one correct do we have anything for no that would typically be submitted for final approval okay as two two separate bonds yeah okay but as I understand the we wouldn't get final approval until the would we potentially get final approval sometime later this summer um or is final approval not granted whenever you submit the final plan and have it all ready to go but final approval can be granted before that September 30th or if if the board agrees to do this in this way yeah so I think that that's a good point is if if if a preliminary plan is

approved this evening and if we get an attorney answer to the two questions then you can submit the final plan at any point in time which I don't know where you are on that but you all we also have to have um an engineer review peer peer review so I don't think I'm speaking out of school so if you're ready to go you can submitted the final plan for peer review if you're comfortable with the preliminary plan of approval and those two attorney decisions does that sound fair and then but if if somehow that if when we get to final plan approval and somehow it's held up and you can't well the only thing you have to finish by is uh by September 30th is the road in Phase One okay I got it speaking of Road in phase one with our potential change in our Solid

can't ignore because if cassella is talking about issuing two containers 64 gallon containers that have to be spaced 3 ft apart they can't be set on the edge of Swamp Road now what I'm worried about the safety will we get to that in the prelim review we can certainly bring it up it's I think we need to yeah we bring it up just say you have to show what we're talking about is we I don't know if you fail Town's changing is the way it does garbage cassella is wel we haven't we haven't signed up for it cassella is suggest they are suggesting within the 18 months because they have to buy a new mechanized trash pickup they're going to use the uh mechanical arms they're not going to have people because of working comp tissues but in doing that those two containers have to be spaced 3 feet apart so if you're looking at we talking about potentially 17 houses so be 34 containers and I think

personally I believe that a way to address that would be probably exp because cassella is not going to go in on property unless you allow them to they don't go in on private roads uh they that they do yeah if you allow them to if you allow them to because they are at Bowie Hill some yeah and I don't know whether that is something that they're paying extra for you would want to do if that is not acceptable then I

believe you have to create an area where those containers can be placed on the side of the road not on the not on Swamp Road but on Ruby Lane so let's get to that when we get to the preliminary piece for sure but even just 17 you know even just without this cassella thing right like 50 50 some odd feet for ex so I think what what we're saying is if we give you preliminary plan approval one uh one of the requests or requirements would be that when you come up with a final plan how are you going to handle this right based on what what Allan just said basically cassella would have to be backing into Ruby Lane they can't be sitting on Swamp Road that would be a huge safety issue and then I don't I've never gone past swamp on garbage day I do know they go on private roads you can pay them if you pay you know pay them extra to do that I don't know what the I guess somehow we have to address yeah

you guys need to come up with a plan Mr me is what we're trying to say there okay before the final approval so so when you get there if you if that's a concern you could make a Prohibition against putting any of the trash containers for this project out on Swamp Road so that's I think how you could control it make it a requirement if if because it's a traffic safety issue right so you could basically as a condition of approval for the subdivision prohibit the that these they would have to come up with a different plan yeah I think what we're saying is before the final plan approval Y come up with a plan as part of your final plan approval come up with a plan and we're not picking on you I think that's something we is overall I mean any subdivision I live right next to a subdivision and it's at a dead end road so that is not an issue because they stop right at the end of the road and they pick up there it's not a safety

issue but in looking at any one where there are through roads is a potential there okay can we go back a little bit to talk about the prelim the phases I yeah I think we need to get into the pre I know but so if we approve the phase one ahead of legal getting back to us on whether or not we can approve phase one what are we no you're not approving phase one what you're doing is granting the preliminary approval for phase two we're granting them an extension granting actually just for preliminary you're you're granting a preliminary approval for phase two and part of the conditions of approval for phase two is

dealing with phase one completion right so I guess what I'm saying is are are they going to go forward now and get that road are they given the okay to do or are you waiting uh I think the intent is to to pave the road by September 30th whether or not two is approved or or or not so that's a separate action but we can make it a contingent has to do that y yeah you have to do that he's he's look he's looking to to to correct the the

violation yes so but he's you know he'd like to move forward with phase two but he understands that the the paving has to be completed right okay well let's keep let's move on then and just to clarify the ordinance says you cannot Grant a final approval for any project that's in violation right yes so you could go forward with a preliminary approval on this project and withhold final approval until that is resolved and you could say we're not going to do it until after September 1st when it's done but we don't have to we could at we could May June July whatever

we could say you have final approval at that point uh but building permit is contingent upon that yeah you've got a lot of flexibility how you how can you make sure how you can make sure that it gets done okay and just one last thing if if the legal comes back and says no you guys don't have an authority then they'll just have to submit a new subdivision plan application for phase one get it get it reapproved okay got it thank you so much okay so moving on then we are at um completeness review of Ruby Farm View subdivision amendment to add four Lots M five Lots 78b public comment will not be taken so

um we have make we got to get on to Ruby so we have a whole B we've gone through we talked about the uh getting the old the history fixed now the question is have they submitted what they need to submit for uh completeness of the subdivision plan review checklist for prelimary plan submissions and there's a list of everything they've got there is are there any questions are they missing anything on subdivision plan um completeness of the

notes that they're supposed to provide a map showing where all the test bits are located and again I did address that in the draft condition of approval that they have to submit that you references a sheet sheet C 2.0 but I don't I didn't

get a copy of 2.0 so if we can get it on the the final somewhere that I just didn't see it I may have made may I didn't see it on the the I may have me meant to say two 2.1 rather than 2. I didn't see it there either if it's there you can go ahead and show us I we we had a um

I think we have the test pits what I did was and I think I I made a mistake is I I showed well exclusion zones and well inclusion zones or sub U septic inclusion zones and well exclusion zones I didn't leave the test fits on so I'll I'll those will be added to the plan and I'm okay because there's a very detailed uh when I say I that's personally but there's a very detailed septic study that you all did in terms of leech ability and all those other kind of stuff yeah and those test pits are are available I just didn't show them on the plan I think so that's kind of an administrative we need to get them on the plan got a deal yep because that confirms where the proposed well exclusion zones are so we can make that a contingent yep condition of preliminary plan approval anything else that you see that you would like to see that or that's not there that you'd like to

yeah that's that's uh page the the uh the the submissions checklist is on pages 401 49 and 50 of the um thing might be is what what's missing the only thing I saw was that uh test pit map okay anybody else see anything which we could make you know as a condition of approval do we have variances or is that not the stage well they're asking for w wavers I'm sorry so yeah there there are some waivers that are asking for which would be the next step

need to vote on this yeah they've got a complete appliation with uh I guess I will make a motion that it is complete on the condition that they provide that test the septic test Pit locations with final plan submission second second moved and seconded any further discussion seeing none please raise a hand to approve okay so you are complete um The Next Step should we do the waivers at this point George before we get into preliminary yeah I think that would be good okay so there are you've requested uh I think four but some of them you don't need to request and I will find them here shortly um on page 52 my notes indicated they

were requesting a waiver for the requirement for Onsite fire protection water supply and then uh also requesting a waiver for the requirement to provide a future Street connect interconnection with adjacent parel okay I've got the pack if you package that looks like this from pteridine uh they are the first waiver they have requested is in fact for um

on-site water uh and they've worked with the fire chief uh the original subdivision was approved without it Chief trip has worked with them and his recommendation is um that they sprinkle this and I in search of that verbiage uh each lot dwelling in the the statement is each lot dwelling in the subdivision is required to be protected by a residential sprinkler system

13 D is in dog um so they so they were asking for no Pond and using residential sprinkers which is what's happening with the original uh 13 lths do I have a motion to approve that waiver or I'll make a motion to approve that waiver second second moved and seconded any addition any additional comments seeing none please raise your hand if you V vote to approve the waiver it looks unanimous the second waiver

connection to an exist to an abing Aral uh they're asking for a waiver from that and there justifications the budding parcel TCH map 5 lot 79 includes Frontage on Swamp Road and Ruby and but they're basically saying they would not continue whatever that Ruby Lane Extension which is a which I ask that you come up with a new name George do you have these plans that it's best showing on the cover sheet um just showing the the relationship of of this parcel with the lot surrounding it this one here I think that's what you're talking about so the Shaded the Shaded par the Shaded parcel on the cover sheet is the they don't want to extend into this the Shaded parcel on the cover sheet is the parcel that we're developing and around basically three sides of that property property is is the property that we would need to connect to but that parcel has Frontage on Ruby Lane close to Swamp Road but Frontage on Ruby Lane and also Frontage

on Swamp Road is everybody okay with that so can you explain why do you need to connect to the what why it it's just one of the George the yeah the town ordinance requires or suggests future connect ity to oh for the remaining toing yes so if you look right behind you up on the screen yes the issue would be should that uh Hammerhead be extended all the way down to the corner of the triangle for future interconnection with the next subdivision that comes you want yeah and so you're asking for a waiver so the request is for a waiver to not have to do that connection um do I have a motion

I'll make a motion to accept that waiv second second was been moved and second any further hand to read all this verage on it you're good you're good am I good yep okay um then the next one is uh a waiver for for Hy Hydro geologic

assessment which my understanding is you do not need a waiver because we have to take action to require it so we're not requiring it and I think I withdraw the waiver request you may withdraw it okay so we don't need to spend time on that okay so waivers have improved I guess the next step is uh to start going through end or

finish the the preliminary the review of the preliminary plan approval based upon at least one condition that we uh we've already discussed do we want to drive on with that see if we can get it that would take us probably out to about

third period and the Cubs are probably in the like fifth inning okay so for let's try on with uh are there any comments I guess the first thing is are there a quick review of what you're proposing I guess Mr Meek all right I'll try to be as quick as I can so um uh Ruby Farm View subdivision located off Swamp Road and was originally approved in 2018 and included 13 lots for sale and the 14th lot uh consisted of a 10.6 acre parcel retained by the applicant in September of last year we attended a a sketch plan meeting meeting and attended a s sidewalk um since that um s sidewalk we've done some additional topographic survey um both of the Road Corridor proposed Road Corridor and and the Wetland flags that were delineated uh based upon the survey the proposed roadway alignment has been slightly modified from the sketch plan to one minimize the Wetland impacts and two to ensure that the proposed Lots

include 40,000 ft of con contig um building area um as noted in U George's packet the applicant is requesting extension of the um time limit to complete the improvements for the original subdivision I guess I'll skip over that um uh the applicant requested waivers we've already reviewed that um the proposed amendment uh includes uh

4,735 ft of wetland impact the original subdivision included uh just over 7,000 square ft square fet of wetland impact as such a new nrpa permit for the cumulative 11,787 Square ft U will be filed with d and Army Core uh as far as storm water um we

are over one acre of disturbance but less than one acre of impervious so what D will require is a storm water permit by rule um and and I don't know if the town has additional storm water requirements beyond the beyond what D requires um if so we'll we'll provide provide what we need to before final uh the Lots will be served by underground electrical uh individual Wells and subsurface uh sewage disposal and as mentioned we'll we'll provide the septic test Pits on the final plan

go over your com mind us all we've already covered the bond and Fire Chief and all that stuff so looks like it kind of starts with the the peer covered everything else that would be the question and Mr me just uh described the Wetland

impacts uh there was some discussion within there in the fisheries and wildlife uh letter about habitat for turtles but it references within 300 fet of a uh stream and there are no named or unnamed streams on this property uh and then I mentioned the septic uh test pit issue and I did include a set of draft uh approval conditions for you to consider for preliminary approval recognizing that you will be going through all of the findings uh a fact for the full subdivision review when they come back for their final

review I mean you should expect that we're going to do that that sort of a standard requirement I would just say that so there's nothing to preclude you from submitting your plans when they're done to start that make sure the Marge can hook you up with the engineer if you don't know who's doing that for us do we do that goral Pama we do that though we we oh I'm sorry yeah but we can submit them to you well no I'm sorry the applicant can submit their plans directly to goral P okay it's not like the legal oh okay yeah so if it helps expedite the process yep I we encourage recomend you we encourage them to do that oh okay okay cool you are encouraged uh the D permit that George mentioned uh that we need that before before we get final approval final approval um I don't know if you've submitted that but I I have not because I I I just wanted to make sure that the plans were not going to be altered by

any comments so okay uh this 300 foot buffer uh the letter dated January 30th from fish Inland Fishers and Fisheries and Waterway whatever they are uh comment about that uh where where in that letter is that George remember where you found that that was in your notes you submitted a letter from in fish wildli yeah so that yeah okay I I see it so that yeah they they talk about 300 foot intact repairi and buffer zones along all mapped and unmapped streams with no development or permanent habitate habitat conversion within that the zone so we we do not have any streams or map streams or unnamed or named within 300 feet of the property

okay we talked about septic system test pit uh and I think so there so we kind of covered what George put down on his thing is there are there any other preliminary plan com comments before we get into the approval process yeah you know me Wetlands um vernal pools none were found I don't think correct okay yeah and no streams

or um and then I think it said there's a buffer of forests remaining along so right no right there yes so the the stretch of Ruby Lane the existing Ruby Lane that a buts lot one would be buffered um that 5 be any trees other

than a driveway connection would be there's a driveway connection probably for well definitely for lot one off of Ruby Lane so other than the driveway connection that that that forested buffer within 50 ft of Ruby Lane would remain and that's in section one or phase one or whatever we're calling it well the lot the lot or I'm sorry this lot this lot right here 14 lot 14 I'm sorry I the the driveway is probably going to go in between the Wetland the WS there yeah correct probably right about there yeah and is that written into the deed of each property

be uh what are we asking to what you would do is include on the subd recorded subdivision plan that designation as a buffer along well buffer is the buffer is but the the driveway you asking about the buffer or the driveway location the buffer yes the buffer is would be on the subdivision plan and identified as a force buffer I bought lot one part how do I know that I can't do any clearing of that buffer it would be written yes it would be written into the into the deed of the okay of that lot so for lot one lot two and lot two they're 14 15 16 15 16 and 17 no 14

15 and 17 yes yeah it's p just a small sliver of of 15 and a small sliver of those deeds right it's taken off the plat where how does how does it end up on the deed when the when the surveyor writes the deed description it

is is demarcated with um monuments you know granted it's on a curve but it's 50 ft off of that that RightWay line so the site plan when you come in with an individual house site plan that will show all easements and other issue other things on the safe plan uh do you do the safe

plans who does the safe plan when I come in for a building permit I have a site plan who's drawn that up for a house for house yeah I'm sorry a house plan yeah that whoever builds the house would would have that would submit that plot plan to the to the Cod moner okay do you mean something showing like right of ways and other incum well plan should show any any places they can't build

like buffers and other things correct me if I'm wrong I I I don't know what the town of Durham requires for plot plan so i' have to I'll have to investigate that okay but I mean I think the codes guy has it and we can make it a condition too I guess if when we get to final plan approval that it has to be shown on the the plot plan thank you anything else I does that ask a question I think so Mark what's upan any

other questions on that to uh the pr preliminary subdivision approval and George I've got a new uh that does everybody have the uh the only change and I've got it I think I've got it on the screen because I've got one dated 424 on the U preliminary subdivision

at the applicant's expense the planning board will seek Town attorney confirmation that the board has the authority the second page of that draft preliminary approv behind you yeah that's the one that Y what I did was I circulated a revised uh draft set

preliminary plan approval conditions that added that statement the issue on reviewing the bond is already covered as we can go down through that every everybody have the updated preliminary subdivision approval uh draft conditions that George or should we just can you read them read them off the screen I mean I'll read them and you can follow them off the screen I think it's a two-page document right though it's a two-page doc and the second page has 424 today's date on it at the

case folks look but uh the first one is that we're going to request technical review for the engineering plans store management plans and Engineers estimates for project construction um I would add I don't know why it's in here I think we did this last time um review of permit Wetland say that again I don't know how to call this the the prim the first phase one road is it what you're asking for from bonds no no no the planning the first part am I in the wrong spot right here got you in the spot add something for um review of like Wetland Wetland permits things like that well the applicant has submitted a wetland Del iation and he submitted it's on the map there's no report there's no did you not include the report yeah the report's in in the packet sorry what sorry about that it's actually attachment attachments six and seven are the Wetland delimination letter and the Vernal pool

um okay a letter right then you put the flags on a m on a s plan that's a question yes so so Mark Campton did a wetland delineation yep he had he flagged the Wetland limits um he identified he he verified that there were no vernal pools I think that's in the second letter we went out and did survey and picked up the flags um so that we could verify that we had 40,000 sare feet of contiguous area in each lot and you those locations the wetlands are off his flagging correct yeah okay um so this is great thank you sorry I didn't see that earlier um but what I would recommend just like we did last time with Goro is that he did review the wetlands and he reviewed any necessary like permit like impacts or per or anything like that well I think the other thing you got to remember is the last one was uh on the hollow El Road subdivision you're referring to and there was a stream Crossing there which was concerns about

the impacts on the wetlands of the stream Crossing so I think this is a little bit different and I think the issue is are you concerned with the accuracy of the Wetland delineation and and I guess you got to discuss as a board are you going to require as a typical the engineering design is pretty much a standard thing to do that but are you going to start requiring a independent Wetland specialist to do a

check on the accuracy of their Wetland reports did goral goral didn't do that the last one no no they did not do a wet confirmation and they were also looking at whether or not they needed a state storm water permit this applicant is is conceding they need it yeah so there that one was like a special situation so it's a great question you ask isn't this is this the same project that had the Wetland issues yes so and that was filling of wetlands

right it's kind of a yeah so so the the original um subdivision had just over about 3,300 s fet of wetland impact associated with the road y during construction of lot one there was some Wetland impacts that so and after the fact permit was submitted to yeah D and that was about a little less than 4,000 square F feet of wetland impact after the fact so the total after the fact permit was inclusive with 7,000

yeah and um uh the the issue there wasn't that the wetlands weren't mapped it was just that during construction the mapped Wetlands were impacted correct more than what was proposed correct okay yeah so that's that's correct yeah so I mean I I don't know how much more cost it is for goral to do what they did before regarding the you know Wetland and stream again I don't I don't believe that goral Palmer did any confirmation of wetland delineations it was more of like a permitting check is what they did yeah but again part of that was their applicant was arguing that they did not need an army Corp permit and then that got resolved so Grove Palmer said we think they needed an army I think that was the question as they yes I remember that I just wonder if we should be like picking and choosing here or if we should just tell goral Palmer have subis if but again in that project there was and even on the uh Day Road subdivision

there was a question about that wetland whether that is or is not and the town hired an independent Wetland so if there is a question of the accuracy as there was on those two projects you certainly can get a wetland specialist uh and goral Palmer can get one but that's not I can't recall we sorry we had the site visit last year right right do you guys recall yeah there's a lot of wet areas there's a lot of wet areas but show they show a lot of w areas on yeah they do but like who are we to say this is why we hire like a goral but they've got a qualified Wetland specialist so if you consider you are questioning whether the accuracy as it was on that project for good reasons they're saying we don't need an army Corp permit across the stream that rais the red flag so um but

again if if Ward wants to make it a standard practice that every Wetland delineation is going to be peer reviewed for accuracy you can do that I'm I'm comfortable with they've hired the guys certified license the whole nine yards so I'm comfortable that you know he's delineated you know that his work is you know we should trust his work and they it doesn't seem to me that the applicants tried to cover height or you know Overlook or Shrink or arguing that they don't need permit they said they need the permits they yes I guess I'm just it's like the um I don't know how to say this

um I guess we just pick and choose like at day like we went out there and we said oh that kind of looks like a wetland we had a wetland specialist with us that day that's how that was picked up for other projects like this one I walked it others other areas looked wet but you know are we just going to like you know pick and choose versus like kind of making it a part of our review and I don't think it's that much more for and I think goral can do it to add to their scope we don't we don't have to do that but I mean I I guess I comfortable with and stop talking to here short I'm comfortable with this in this firm you know I said that license certified they had a license and certified one too y i i get you but I mean um I'm fine I just I feel like it it's not it's not much work to add it in I don't but we don't we don't have to I can't recall any specific areas that looked concerning on site but it was so

long ago I'd have to look back and again I think they've you know I think they've covered a lot of areas when you look at the the site plan they've submitted there's a lot of wetland yeah no I mean I it's not like you know there's nothing out there or whatever I guess comments from anybody

lot of money but you know not a lot of money and sometimes add up to multiple not a lot of Monies goral Palmer and just see what that would look like to add it as a standard and if it's necessary yeah yeah and when yeah yeah hear more from them and that's certainly something we can kind of like that hydrological evaluation if you had a tight subdivision on very poor what appear to be very marginal soils you would because of the concern and particular proposal you would get a high a high-intensity soil survey to say can they put those septic systems that close together on this soil but generally two acre lots you will allow you don't have have a high-intensity soil survey so that's how I see it if there's some Wetland issues like they're pushing the limits then you would say okay we want to have that perod right but my my thing comes back to who's to say they are us like you know I guess I trust you know

somebody's license is at stay I'm not a big fan of peer review to be honest with you when licensed Engineers are doing that but I mean that's the requirement we have and throw that out there that I I'll just add that we we submit to the DP and the Army Corps for for any Wetland impacts and and right I mean you guys are getting a permit too so that's different as well like you are going for a permit whereas like they were AR they didn't need to yeah I'm fine unless there is a consensus we should do it here I'm ready to move on um are there any the number two the applicant shall make the following changes do we recommend any changes you thought of any that need to be made to this is the opportunity to let them know before they get to the final play on stage just getting back to this vegetated buffer is it supposed to be existing vegetation that doesn't yes isn't Disturbed or yes so I'm looking at your Transformer

location for Lots one and two how are you going to place that underground wiring without disturbing that buff it would be in the in the in the right way I don't show it in right away so yes I'll have to move that um that conduit

into the RightWay and then it would cross at the same location as the driveway to lot one okay so the intent is to leave whatever vegetation is existing in place and undisturbed yes okay so so is that you just said for number

two uh you did say that you need to make a change for where the conduit goes correct so Transformer also yeah conduit I'll look to move the Transformer further onto lot two to avoid that buffer utilities move Transformer onto lot two okay that's 2A any other changes to the plans it's a good

think of something as we're going along um so per section six the needs to be on the uh Engineers construction estimates uh the completion of Ruby Lane we discussed we've got an engineer estimate for that um and then for the new that's

phase one phase two new Access Road electrical service storm water management and erosion and sedimentation control system I think those are our standard this is what we require for engineer comments uh number four per section 6.7 point c.6 the final application should include a map showing the locations of sui disposal uh test plan so we're basically saying is this is where we talked about making a condition of approval uh the next one is part of our ordinance out of our ordinance that basically says that youve the timelines for um final plans and completion and so on and so forth any questions this is straight out of the ordinance George that y number

to uh the after the fact approval but the planning board will consider a phase subdivision approval with completion of phase one by September 30th 2024 and phase two will be subject to the uh standards that are in the land use ordinance and also that the this is where the applicants expense the planning board will seek Town attorney confirmation that the board is authority to proove the project as a phase subdivision subject two and did I I

guess two questions one is who's actually reaching out to the attorney George you're going to do that yeah and then the did I miss the the bond uh reaching out to the attorney to get approval on the bond that'll be in number 11 keep going John okay any other questions on that one uh and so we are's intended for vegetation on the final plans and buffers you might want to amend that to include uh along Ruby Lane required buffers along wet lanes and Ruby Lane

shall be shown on the final plans to support the storm war and comma required buffers along wetlands and Ruby along Ruby Lane 6.17 Point C Aries intended for vegetation clearing shall be shown on the final plan plans okay to support the storm water management plan assumptions comma take out and require comma required buffers along W one shown in uh along Ruby Lane on the recording plan and referenced in the plan notes is that somewhat good English mhm okay uh the next one is your your uh street name and all the requirements it's kind of straight out of the ordinance uh delineate note the limits of tree clearing on the final plan uh so a lot of these are on the list of things you have to do but they're we're repeating them um is 10 a repeat of what we talked about earlier uh it is however or 10 and three

the same it adds the letter of commitment from a lending intitute engineer reviewing those numbers to make sure they're accurate this one is saying they got to provide the the engineers cost estimate along with a letter of commitment for that

the bond uh in the form set so you're going to give us a copy of the bond us the town and or at least the form I don't know that we need the what their proposed performance guar are to Mr thear and he will attorney de to and since we're on a clock probably sooner rather than [Music] later okay is there any other did I miss any of the things we'd like to see going

into the final plan do you want to have something about the the Deeds to reference the the plan Brian you were kind of raising the concern that just because it's on the plan they don't see it yeah I just going to add be but how do we want to say it it would just say that all uh buffers required buffers shall be referenced in the the applicant do you see any problems not this

preliminary approval conditions when they come back for the final they can propose something whatever they want to do okay well this is as much to say this is what you got to do for the final yeah when we get there as anything else anything else folks are you good I guess I should ask applicant are you good with everything else we've discussed here yeah applicants representative I'm yes I am I hesitant to ask but is there is there some condition about the solid waste that you're thank you for reminding that I mean if they're going to be doing the paving if I was going to be doing the paving I would want to address it at that time if that's a potential

issue a year down the road so 13 with the applicant is to provide a plan for uh Solid Waste Disposal I think yes thank you for bringing that up well I'm going to pay for it if I don't we will remember between now and the final okay what did you do about what do you mean and I'm sorry that you're the first but it is a uh an upcoming issue that

we've got to sort through as a Time container locations is the issue right yeah definitely okay so they to submit a plan for solid waste disposal say why are we doing it Cassel is the only uh company that actually applied for our request for quot could their Association contract with a different waste huler outside of the Town well that would be the question is is if you have a private get it right somebody different and you want to do something different I guess it it I think George your ver covered it was will provide a plan for uh with solid disposal loc

because if it is um dumpsters or what you know we'll have to approve it but you want to put dumpsters inside in in enclosed area screened area if that makes more sense and your waist guy comes up and picks up the dumpsters I guess you you've heard our concern is how are you going to for 17 Lots how are you going to handle it MH and if you're doing it and don't include recycling then then it's only 17 instead of 34 but you just I guess we're telling you to come up with a plan understood

I guess I need a motion to approve the preliminary subdivision approval anybody want to make that uh and maybe George we I can run through with your help the changes we made I think we've got them okay if you I mean you want to go ahead and read them off before they make the motion or no I think we've had PL is everybody comfortable with all the changes well yeah there we

one 12 is the buffer references and the Deeds 13 is the plan for solid waste buffering on number seven uh the amended one that I circulated had the attorney review of the of the u h attorney review of the phase subdivision and then under number two you added moving the Transformer onto lot two can I ask a question about Solid Waste in the site so what if they propose to put it closer to swamp like we're reviewing this right now right like what if their proposal is like a turnaround or something off of like the earlier proposed project that will be their plan like but I mean that would be fine even though it's on a different yeah we would have to because that might make the most sense right that would capture all of them possibly versus just this one area we would my thought is part of the final plan approval would include your trash plan for the subdivision yeah for the entire thing but no you no I'm talking

the entire thing yeah yeah yeah yeah okay sorry thank you okay are we we good with the motion are we what was the motion I don't know you were making it grants preliminary approval subject to these draft all of the things that we just talked about as amended as amended would you like me to take a shot at it no he just said it oh can I just make motion that yes you can say so move works that way oh second okay okay

talked to uh Cassell one of the drivers I says what would be better for what works best for you so I like to have it at the end of the road because it's much more efficient for them going in and up they can get it done much faster versus having to stop at 17 houses individually but but that's their issue not ours which becomes yours and and the queen of solid waste committee was is sitting next to us so she will take these comments back to if we meet if you ever that came up again last night um okay so move second and further discussion seeing none please raise a hand to approve okay you've got your your driving Mission thank you for your patience well thank you for your patience thank you um next so we cleared all we clear the deck for next week's meeting um so we're going to talk about U ordinance CH two things in my mind ordinance changes and then George if you would mind just giving us a little uh

discussion on codification you know just kind of you know we've got the money how you basically how you see it going forward and because George is I think the towns liaison and timeline on that and the impact tomorrow George we still on you're still on track to um oh okay so May 7th I think I've mentioned this May 7th the town is Select board has invited the chairs and vice chairs uh to a meeting with them uh I suspect that in

their their goal is priorization I think this this select board is going to uh have a more Pro uh Proactive or active Ro uh role in this and and help set some prioritization guidelines although I'm sure they will still look to the Committees and commissions and so on and so forth so what I'd like to come to on George will provide what's kind of already been thrown out there couple of solar a resource protection uh I forget what else his historical commission so what we need to come up with next week is do we see what's on that list as a priority and Andor is there something else that we want to add take you know say this is a higher priority to us for instance you may not know this but the way the ordinance is written you cannot dig a new Grave in a cemetery because the ordinance is written that you cannot do excavate within 25 ft of an existing grave so I guess I have to go dig up my mother-in-law stop saying that you

anyway uh that's interesting anyway that's just that's a little thing but that's what we're going to talk about next week in March 1st I mean May 1st right that the first Wednesday yeah yeah next Wednesday okay um so motion to adjourn I'll make

that motion I'll second uh any discussion raise a hand to approve please turn your uh mics off I should have done that a couple minutes ago