TranscriptPlanning Board Meeting ~ August 2, 2017

Um, I'll call the meeting of the Durham Planning Board to order. I think our of business is the pledge of allegiance. America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

All right. Next is the approval of the minutes. Well, first, are there any amendments to the agenda? Okay. Approval of the minutes. Any questions or edits to the minutes of June June 28th? motion. Second of June 28th. Second. All in favor?

Okay, that passes. Next up is Barry Baldin subdivision application. So, we uh wrote asking Jack Conway for a legal opinion on the status of Mineral Springs Road. A copy of that is in your packets. Um and Calvin just told us that Jack won't be done for another week. And [clears throat] at least based on the checklist that Mindy provided us that our uh number nine which was

whether this conforms with all other ordinances the comprehensive plan and other things. Um I'm not aware there were any other issues outstanding for us to discuss tonight but we'd have someone tell me I'm wrong on that one. other things to discuss other than the the road issue.

Yeah, it was um well I mean not the last page of our minutes that talks about um conceded in that conversation. So that might that might be it. Okay. Um, yeah, just listing things, but All right. So, do we want to table this until the next meeting?

Fortunately, I think we have to. All right, then. Can I have a motion? Make a motion to table Mr. Baldwin's application till we receive the legal opinion from council. Okay, I'll second that. All in favor. All right. So, that's tabled till September. What's the date of our September meeting?

6. September 6th. All right. And hopefully we can close it out by then. Next up is Daniel Michelle Tibo. Is that right? Yeah. Come on up. You guys are going to be old pros at this. [laughter] Do you just want to tell us a little bit about your project?

oil company in 2014 and it's kind of just there costing us money. So Dan and our son Tyler are both diesel mechanics by trade. So we'd like to open up as a truck repair. Okay. Um do you have a sense for how many how much traffic, how many trucks, customers, anything like that at a time?

Okay. So if you guys want to see I can just show you. I pulled it up here on up on the wall if you just want to want to take a look at that's the existing great new addition to our our [laughter] love it. I really do the house

on the property is going to change cuz it's already has been working on our own vehicles there when we had our oil company. So nothing's changing um as far as physically. Okay. You know, but he's already got all his tools over there. I'm still you know it's

Yep. Will all the work be done inside the garage? Yeah. Okay. How many do you think you'll store outside the garage maximum at a Not a whole There's not a whole lot of room there, right? Oh, where do we go? There we go. Not if you want to,

you know, if I was to park stuff out back, which is not a whole lot of It's only like one truck wide out back, so it wouldn't be visible for the public anyways. Okay. Um, that's a sloped back and it's just a paved around the building wide [clears throat] enough to drive around.

Okay. All it is. You might I might park some down where that hand is out of the way. Yeah, that's about There's not a whole lot of room in it. So, can you fit like four or five vehicles there or outside? I don't think that many. I don't think it would fit.

Well, you could I think it could. So, it looks like you got a that must be the vegetation buffer you planted for the last Yeah. Yeah. And that's all downhill, too. What's that's not that's nothing flatter on that whole area. You going to continue to process wood as well?

Well, we're hoping to replace. Yes. [laughter] Yes. Yeah. So, for now, both businesses will be up and running until the garage um service pot picks up. Then probably that would go. Is this the property where there was a daycare?

The daycare is no longer there. Okay. Gotcha. Yeah. She moved out. Okay. This week. Last week. Gotcha. This isn't the one we saw recently, was it? Yeah. We saw the dayare saw for the daycare. This is the one and they're moved out already. Wow.

Well, we asked her to Oh, okay. We could do this. Oh, okay. Wow. Yeah. All right. So, what what's the house? What's the house next door? Is that just It's a neighbor's house. Y. So, you own to that pond or No, just this side. There's a roll of pine trees.

Yeah, I see that. I own 20 ft past those pines. You're right over in here. Right in there on the other side. Over here. Yeah. 20 ft past those pines. Right. Right. Right in Oh, right. Oh, those pines right there. Yeah. Okay. So, so that's there that's there.

Two pines next to the road. The pins right next right between those two pines next to the road. Okay. You have 10 acres. building, no or asphalt or you know impact outside of what is already existing. Yeah. Fair. Yeah. Nothing nothing there should change at all.

How about like ventilation equipment, fans, things that make might make noise? No, it's all existing what you had from the other shop. Yeah, there's no fans there anyways. If it's going to be a fan, it's be a portable fan.

Okay. Just put in the door. Yep. Any special permits needed for hazardous materials? Oil waste? There's no hazard materials there. If there's any waste oil, I mean generated from the business, right? That's going to be cut it off. So there's really inside there's a lot of tools. So I give all my waste oil away

so nothing stays on the property. It all just goes. How is it stored in 55 gallon drums? Okay. Yep. How many would be on site at a time? Roughly 100 100 gallons. So, it's two barrels. Gotcha. Yeah. There is a diesel fuel building next to that wood pile up top and that's about 1,000 gallons of diesel fuel, but there's never 1,000 gallons in that. I put 200 gallons in it at a time.

And it does have secondary containment. Okay. Yeah. That's to heat the building. No. No, that's for my trucks. Oh, okay. We had it for our fleet of oil trucks. Oh, okay. Yeah, I see. And that's I wrote all that on that sheet that I sent in case you wanted

heating oil tank in a containment center. I'm sorry. Sure. Do that. Yep. It's good. Thanks everybody. Well, it isn't a thing. I mean, I know it's a business, but does your house have a containment center in it? No, nobody's does. You know, so it's just an extra expense that they made you do.

Not everything's contained. Yeah. So, our waste oil at the garage over here is a 275gallon oil tank. We just dump everything in that when it's full. We have the town of uh Sabatas just came over and got it. They pump it out into that truck and they use it to heat their garage with.

So you have somebody come get it or do you do deliver? I haul it to them. You do and he offered to come get it. But I just do it just out of courtesy thing. Just get rid of it. Yeah. Yeah. So they dump all the transmission fluid and oil and

What do you do with antifreeze or something like that? Well, that gets expensive. What do you do with that? have come that guess. So, is there a portion of this that's in resource protection? Yeah, probably on on the back side. And it should show on that.

You'll show on that site plan. On the site plan, it shows where it is. Okay. So, where else? on the prior from their prior application. They had a site plan from their prior application because you're waving you're asking for a waiver on this one, right? So

nothing's changed since the last one, right? No. Looks like there was a window in here. 100 foot setback from the resource protection zone. You're going to you're going to you're going to honor that still continuing going forward.

We ain't changing none of that. Has it changed? I'm just saying are you going to No, we ain't changing that. There's 100 foot setback. It looks like from the resource protection line up to the window of That's way up here. It's way up in the woods

up to this. We ain't changing none of that. So, It's [snorts] all uphill anyway. You have to That's quite a mountain to move. All right. This looks quite right back there. Yeah, that's quite a mountain. Yeah. [cough] [clears throat]

Um Jill and Calvin, do we have the checklist, the application checklist and the conditional use checklist by any chance? I printed off the two. You had mentioned that Paul had done off the computer. I gave it to her. One of them is an Excel sheet and the other one's a word format. I don't know which one you want to use, but

um well, we had two different. One's just the application where the application's complete and one's whether it meets all the condition requirements list, the same one we used for yours. That'll [snorts] work for to start with.

Y and then do we have the conditional use? I have the approval criteria. Perfect. Yep. That Yes, please. There's two different versions. So, there's an Excel sheet and then there's a Word document. So you can look at both of them and see which one you like. But

Don't take one. Do you want one? Yeah. There you go. Thank you. What do you have extra? Oh, [sighs] this still has my stuff in it. Well Oh. from prior. Yep, that's right. At least has the criteria or there's an Excel sheet if you prefer that one.

Do we have an Excel? Just a minute. I printed 20 20. I know. And I see one, too. See if that's what you want. Well, it was stuff I found in the computer here at stuff that was in Paul's documents. I have one that's saying, but it's written a little different, but that one will do. It's the same information.

The boxes don't show up very well on the Well, so it looks like this is the approval criteria. I have no idea. Okay. Yeah, the approval criteria. That's this one. Yep. Did you have something else with the approval criteria? Just

something I typed out. Okay. Which is the same thing. Okay. I thought we I thought I I gave you another one. I gave you another one of these in a word format. I gave it to you. It's one I had already. I t It's the same as this one.

Yes. I thought it was different, but it's Well, why don't we start going through the application checklist? It has. This is ignore the italics. Those are relevant to mine. This one. This is the one that I typed up several months ago.

All right. So, don't they want this one? No, they want the other one now. Well, they want this one. It's the same. You just No, they gave them this one. They might want that one. I don't know. They'll be fine. Okay. All right.

Okay. We're going to start with the application checklist. [laughter] record? Uh, I will read. Well, whoever does the recording is going to have to produce the um Okay. So, part of the problem is is that we don't have a form. This has all my information on it. So, we can figure out what's complete and what's incomplete and what's waved. Um, but as far as typing it up or or putting in a format, I'm not sure that we're going to get there tonight. So, let's run through our checklist. Uh,

owner's name and address, name of engineers or surveyors are both preparing the plan. So, we've got a site plan. Um, now they were asking for a bunch of waivers. Do you have that in the application? Yep. So, uh, they've asked us to

wave the site plan, page two of the application here. I think we have it. Well, that's the one that we had when we put the building in, right? So, I just didn't want to have to get another one. Oh, yeah. Gosh. Oh, no. I mean, nothing's changed from this, right?

All right. I just changed it to uh put the uh where the new field actually was. I I redid it so you'd know where things were. Okay. um that weren't on the original. So, the property got um thoughts on this? Make a motion that we find that the applicant has provided the owner's name, address, and an engineer a surveyed plan.

Okay. And that no waiver is necessary. No waiver is necessary. All right. I'll second that. [clears throat] Who's keeping a record of that? All in favor. So you're keeping it. I'll just that we approved it. Yeah. So I don't think it's a motion. I don't

Right. I don't think we need who moves it and seconds it as long as we know we all voted on it unless there's a change. So all in favor? Okay. How about name and addresses of budding property owners, signed return receipt notices or acknowledgements?

but I didn't receive all of the notices. I was missing one. Yeah, actually two. Two. I was missing. Okay. Two. Well, I got this um if you want to take one and pass it around. Um the one that's in Alaska, I got it back. They didn't claim it.

Undeliverable. Okay. It just said they didn't claim. [laughter] They sent him a thing of you have to certify letter and then wait right and then Sharon Bean is right there on the way. Yeah. I'm slow trying to take an extra copy. Sorry, [laughter] there's plenty to go.

Yeah, it's deceiving. It looks like that person. Yeah. Yeah. So, one that you can't read is George. I figured that out and I tried to put it away. Yeah, I didn't miss that. Thank you. This um person from Alaska, is there a home there or is it just vacant land?

Vacant land. Okay. What do you guys think about a waiver for that particular one? From what I understand, from what Shannon says, they had sold that property to somebody else. This is the new people. Yeah. And these are the new people.

These are the new people cuz the the old other people were on here and Shannon's the one that gave me their address. So, I tried. Well, what's the ordinance say about returned? Says that you're supposed to have the return receipt

for all of them. So if they don't pick them up at the mailbox, then I know what we've done in the past is we've made them resend it regular. I think we did this with Barry. Yeah, we did. Resend regular mail. Resend regular mail. But given that you're here and this is not continuing and you tried.

Yeah, I'm willing to wave it. But what do you guys think? I agree. I agree. I think it's, you know, so first, can I have a motion to wave that requirement with respect to Celeste Lopez? So moved. Second. I'll second it. All those in favor? Okay. And then as to the rest of the abutters, can I have a motion to find that? Can I have a motion?

Make a motion to find that the budding property owners have been notified. Okay. Second. Second. All in favor. All right. Uh sketch map showing general location site within the town. Make a motion that the applicant has completed this requirement.

Okay. Second. I'll second. All those in favor? All right. Um boundaries of all continuous property under the control of the owner applicant regardless of whether all a part is being developed at the time. Is there any? I'm sorry.

Is there any property adjacent that you own? Any contiguous? No. No. So complete motion to find that this is complete. Second. I'll second it. All those in favor. All right. Joining classifications. was written on the application was what she had told me. She called

the woman that assess her Ruth. the assessor. The assessor asked her what to write. So she said to write rural residential commercial use resource protection flood plan because that's what told me to write. So I don't know if that's accurate. I think it's probably resource protection rural residential.

Correct. Yeah, I just checked it. So it's rural residential transition district and resource protection on the back side. And we've got that on the at least the resource protection on the showing on the site plan plan transition district. Is that what you said?

Rural residential transitional district. Transition, which means I have no idea. Most people just call it rural residential. I have no idea what transition into something. I'm not sure. Account [laughter] plan process going.

I have no idea what the city for that meeting. [laughter] Thanks. Okay. Um, can I have a motion to find or just find that? Yep. Find that the applicant has provided this appropriate zoning information. All right. Second.

Yeah, I'll second. All in favor? All right. Bearings and distances or property lines of the property be developed and the source of this information. So, we've got a s we've got a boundary survey. Yes. We're not developing,

right? Um, can I have a motion? Like to find that this is complete. The site plan from prior development is appropriate. Second. Mhm. Second. All in favor? Okay. Location of all building setbacks. Looks like we've got at least the buffer delineated.

And you have a side setback. You have both side setbacks in the rear. The rear you don't necessarily have, but it's more than 100, right? Well, you've got the to the resource protection, but we don't ac Do you have um how far is it set back on the front? Am I missing that?

What's the 90? That's got to be 300 ft from the tar road to the building or to the to the to the tar to the pavement. Okay. So, it's probably another I don't know what those ft. Those are contours. Yeah, I believe. So, it's about 10 ft. So, you got 97, then 107, then 117, right? Uh, yeah, good point. Good call.

I I'd like to move that we find this complete. The building in development is all existing under prior approvals. Okay, second. All's in favor. All right. 204 ft from the building to the road. 200. How do you know that? Cuz

I'm looking at it right there. Google. The Google. [laughter] 204 ft to the from the internet. The interwebs. The interwebs. That's that accounts for that. Okay, that's good. Says 20 204 is close enough. It's it's it's well over the 50.

Okay. Well over the 50. So location, dimensions, and ground floor elevations of all existing and proposed buildings on site. So we have the location and the dimensions. We don't have ground floor elevations. So, what about a waiver for ground floor elevations?

I have a second for that. I'll second that. All those in favor. Okay. Um, and how about the rest of them? May find that the [clears throat] applicant is complete for location dimensions of the existing buildings on the site.

Okay. Second. Yep. All right. Favor. All in favor? All right. Location and dimensions of driveways, parking areas, and loading areas and walkways existing and proposed. pavement? 30 foot wide. Looks like that is about 30 ft on the sides and not on

here too. It says 30 here. Okay. Yeah. So, the driveway is 30 ft wide. The front I think it's about 75 I think. Want to measure that, Tom? I enjoy it. [laughter] Google, that's pretty cool. It's free. Google Earth Pro is free now. You can do all kinds of things like if you got a piece of land, you want to figure out area on something that

How often is it updated? Uh, more and more regular and more. Yeah, it's amazing. Yeah. How long you had a wood pile there? Year. Just took off a little. I don't think that was that old, but [laughter] it just took off on me and did something.

Oh, just go. You're in um just hit control and then up. [laughter] This is pretty fun. Yeah, but I don't know. There's the building. Okay. See the upper right exit street view. Uh upper right exit street view. Yeah. Okay. Now I got to figure out how to get

your distance. You're going to see the ruler on the upper. I don't have a mouse on this thing. So Oh goodness. Took a while. You got to zoom back out. You zoomed in too far. That's why it's doing that. But I don't know how to zoom out on this one.

back around. okay. Now, I think that's about 75 ft. On my computer, I can do it. This one here, I Oh yeah. Almost 70. 78. 70 ft. Okay. What do you think it is in the back? [sighs] Not that 40, you guys. It looks It looks consistent with the drive.

Yeah, it's it's about the same. It's a little narrow. Okay. Yeah, I can't zoom this back in, so I'm not going to bother with it. I think it's about 20 ft. I know one plow is 9 ft. So it's only about two and a half plows maybe.

Gotcha. And what's the width about 150 on the sides? About the same. Yeah. So it' be the 100 plus. So like 160ish60. Well, we're not going to use that one anymore. I use my computer. This one here. I don't know. All right. Uh so can I have a motion on this one? Move that [clears throat] we find that uh the application is complete for dimensions of driveway parking loading areas walkways existing.

Okay. Second. I'll second that. Okay. All in favor? Location of intersecting roads or driveways within 450 ft. Is there anything other than what we've got here? Do you know if there's Oh, we just sight 450s. That would be Mr. Panette been showing

beam. You have Where's the next one down? It would be. And how far do you think he is? His driveway. Yeah. Yeah. Now, it's got to be five. Be the two that's on there. Okay. And how about going the other way? Um there are no driveways for these two, but um

George Sawyer's got to be where Tyler is. There's no house there anymore, but um across the street would be George Sawyer, which is more than 450 ft. Yeah. More than 450 from your property line. Oh, from my property line. Not from my property line. No,

that's almost across. It's about less than 100 feet from my property pin. Yeah. Yeah. It's probably less than 100 feet. So, well, Kelvin's got something up here. What's the dirt road directly across from dirt driveway? Directly across from you. It's not on

goes up to Sherwood Bean's house. You put a new driveway in. Put a driveway because she had operations on her knees. So, she couldn't go up and down the stairs in the original parking in the back. Did she get a dot from it? It

doesn't look like [laughter] it doesn't look like a permitted road, but it doesn't look like they use auto turn. [clears throat] I almost think he because he had the contractor written on star to have it inspected. Oh, they had a dig safe.

Yeah. So, what are we looking for? Stuff for bean though. If you zoom out, Calvin, so we can see which roads intersect, which driveways intersect. That's easier said than done. Usually there's a zoom in and out button, but this doesn't have it. So on this computer,

takes off. ways. No, from the property line is property line. If you wall [laughter] Try that. See the two on this side. That's with a USB with a USB Sawyer. Yeah. He has his house and then the rental trailer. Okay. And the one further down, is that more than 450?

Oh, yeah. That's down going down over the hill. They got the little pond there on the left. Okay. And how about going up? So, you've got the that little red house. Yeah, that's my name. And then the one across the way. This one's

from your property line. Well, our building's 600 ft long. No, not not the building. FT long has a big building. [laughter] So,000 ft. So, I think the only one we're missing from here is probably Sawyer that's within 450 ft of your property line. Is that right?

Yeah. On here. Yes. Okay. Yeah, we're just going to sketch it in. Okay. So, that's not All right. Can I have a motion on that one? I'd like to be a driveway right here. That's George Sawyers. the added information for the Sawyer property.

Okay. Second. Yep. I'll second that. All those in favor? using a common subsurface, blah blah blah. Dimensions for water supply, wastewater disposal, and other things relating to water supply and wastewater disposal systems. Evidence of water volume available to satisfy the needs of proposed use, including for fire protection.

Supposed use is consistent with the current use the design. What about the fire protection piece? So, do we have anything in our ordinance about this type of use? So, fire protection that has heat sensors in the building. So, it hits a certain temperature because there is an alarm system

which they they get notified. No, there's no sprinkler. Okay. So, there's heat sensors in there. So, the the alarm system with the wall then they can notify me. Yeah. And the water sources the Anderson probably. Oh, for firefighting.

Where's the nearest hydrant? I guess that's there's one on that pond right down. That small pond right? Well, there's a small supply there. There's one right there. There's a hydrant. Yeah, there's a dry hydrant on Cedar Pond Road.

Okay. Yeah, That's within 2,000 ft, I think. Is it? Oh, yeah. Yeah. all right. Do we think we need any more information on this one? I think where it's so consistent to way he used the building before. I think to the to the driveway here to to the driveway right to to the intersection is uh 1,200 and then yeah so you got you're within the 2,000 ft. So

that's dry hydrant roughly roughly roughly 1,800 or so a couple thousand over the road. um on the on the based on the use of the property now the proposed use would you be adding employees or toilets adding to the wastewater Correct.

No, that was designed remember what that was designed for. That was designed for like I think it was four to five employees to begin with. So I am going to have a part-time person there probably three days a week. Other than that just we got two of us.

So actually it's it's better now than it would be with a daycare. Yeah. Absolutely. [laughter] And I think we had all that info for the daycare. Yeah. And there is a a there um the oil tank or above ground storage tank. Is there already one behind the building like per the

side? The fuel tank shed. The fuel tank shed on the side. Yeah. On the side. Okay. Yeah. That's in the containment center. Okay. That's what you guys were talking about earlier. Okay. That's already in the containment. That's right. Yeah. Uh, right in front of that red truck. Right there where the hands at.

Right there. Oh, right there. Okay. info? Are we good? Could call us. I'm good. All right. Make a motion that um the applicant is complete for information about disposal and water supply. All right. Can I have a second on that? I'll second that. All in the paper. Great. Uh, location of open drainage courses, wetland stands of trees, other natural features with a description of such features to be retained and of any new landscaping planned. Any buffer areas required by this ordinance will also be shown.

It's all going to be the same. Okay. Have a buffer tree buffer that we put up before. Yep. for waiver on. Anyway, I would make a motion that we find this is complete. It is an existing site. The site plan reflects the buffers provided.

I'll second. All those in favor. All right. Uh direction of drainage across the site existing and proposed. So, how does this property drain like towards the river? Huh? See, from that pond, it looks like it comes this way under the Is it going into the pond or from the pond?

No, it drains down into the pond. Into the pond. Yeah. Okay. So, that whole brown area right there. Right in right in here. Yeah, that's where all the drain down across. That's where the wetland is shown on the site plan probably, right?

That's that wetland. That's all dried up. Cat nine tails right there. That goes through here. It must be culverts under the driveway here. Yeah. And it goes into the pond and then from there must go under their driveway and then down through

there. But I think that um would you say maybe the this part of the site flows it all that way or do you think it all goes towards that pond? It all goes to the pond. It all goes to that pond. Even this the lower side of the screen. Mhm.

The low side of that green basically it'll still go down to the one cuz it's all uphill. Everything's uphill. It's uphill. Got it. Yep. So all we're supposed to follow Yeah. We're going downhill here. Do we need any more information on this? Good. All right.

Make a motion that we find that we have adequate information about the drainage across the site. I'll second. All those in favor. All right. location and dimension of existing and proposed signs. So, there's a sign there now. Is that right?

Yeah. Is that going to change or what's going to are you going to add a sign or I'm probably going to add a sign. Okay. Um there is a mid coast firewood sign now there now which is covering up the old sign, the Durm oil sign.

Mhm. Which is less square footage or square inches, however you look at that. So, I might hang another one off to the side of that because it's not it's smaller than what the limitations are in the ordinance. So, if we added another one, it would still not be as big.

So, would it just be butdding up against in the same location on the same um do you guys know the dimensions of the current sign? Yeah, I had it on there. I remember I might not have it on there. But yeah, there's the sign.

I don't know what our sign ord. What's our sign ordinance? 24. 24. Yeah. So, and what do you got there now? It's like a foot and a half by 3 ft, I think. Yeah, I think it's it wouldn't be any bigger than the 2 by3, but it's 1 and 12 by three maybe

and the new sign will be the same size just directly next to [clears throat] it or under it. is 2x3 max and propose will be an additional. questions on that? Do we need more information? complete with the additional information about the existing sign and the new sign is not to exceed the size of the existing.

Okay, you have a second all those in favor. Location and dimensions of any existing easements and any existing covenants or added restrictions. Nothing. Okay. Did you get that last one, that last motion? We moved on pretty quick. That was quite a mouthful. I didn't I didn't move.

No. Okay. Okay. Should we repeat it? No, because Okay. The chair lady said I did we didn't have to worry about the motion. Okay. Yeah. As long as we're finding that it's complete. Okay. We've got a video. the uh easements. So,

I'm sorry. Easements is complete. Miss that one. Yes. Okay. And then exterior lighting. We've got that is complete. We provided applicants provided a lighting plan. Okay. It's already there. So it's not really a plan. It's an existing

um quantity, location, storage, and containment. Many hazardous material or petroleum products in excess of 50 gallons tend to be stored or used on the site uh with the addition of the as much as two 55gallon drums. Right.

Right. And where would those be stored? Until they're moved inside. Inside. Yes. Okay. provided the information about the storage of hazardous materials and petroleum products. I'll second that. utility plan. Oh, sorry. All those in favor? Okay. Utility plan showing an additional provision for water supply and wastewater disposal, the location and nature of electrical, telephone, and any other utility services to be installed on the site.

So, there aren't any. So, should we say that one's complete? Yep. They're requesting a waiver for that. Well, because we weren't going to add anything. So, whatever you want to do. Yeah, it's a good point. I would just say complete.

Okay. If we had an NA, that'd be great, but we don't, you know. [clears throat] All right. So, we're going to find that's complete. So, you moved as complete. Complete. Second. All those in favor? Second. Good job. And agree. All agree.

Planting schedule a key to the site plan and indicating the general varieties and sizes of tree shrubs and other plants to be planted. We don't have any plantings. You're not proposing any. No. So, same thing. Do we want Do we want just wave this one? Well,

since none's being proposed or just complete, I think it's probably complete. All right. I move that we find this complete. No additional planning is proposed. All right. Second. All those in favor? Agree. Okay. We don't need any. We

don't need any. So, there's nothing for the not over the limits or hazardous or anything like that. Okay. How how do you how do you determine that? What would we need? I don't know. I don't run a business. I'm not sure what the change it's a change of business use. I don't know differences between tree firewood business or um

repair shop, but we're not going to have any additional anything that's not already there. You know that. Calvin, can you think of any permits that might be state approvals or anything that might be triggered by this? Well, I mean, they might have a change of use for the driveway, but if they were changing it to a mobile home park or something, DOT might want to visit the if you were changing the number of vehicle trips per day coming in and out of the driveway, but I don't see that.

It's going to be less than what our oil company is. Yeah. So, I I don't I don't think that if he starts to generate too many pickups with Clean Harbors, that might trigger a a sight sight license. But the original my original driveway was actually right dead center of that building, right to the T road,

right? The state said because of my trucks and we take off too slow. That's where you made me put it. Oh, yeah. Because of the trucks. Yeah. Because acceleration is too slow, right? No, I was thinking more like your waste generation. If you have a certain, you know, you start having clean harbors pick up too much antifreeze, then you might trigger that. But starting out, you won't.

That's right. I can't think of Yeah. I guess an example I could think of is would you plan on inspecting vehicles? We already do. We do already. Oh, you do now? So, you need an inspection license. We already have it there.

Oh, you have? We had had it there since for a while. Yeah. I inspect my own trucks. I see. Yeah. Okay. Yeah. It's a good question though. years. It's been a licensed um inspection. I would assume you needed licenses or state approvals for the daycare.

The daycare is not there anymore. But I mean when when you Yes. Yeah, she did. We just rented the space. It wasn't our daycare. So I don't know what she had to do. She got them. She did. But I don't Yep. I don't know what they were.

No. I'd like to move that we find that this applicant is is complete. Okay. State license is approvals. Um schedule of construction. You're not doing any construction, right? Okay. So, is that complete? Sweet. Okay. Uh cost estimate, time schedule.

You're not So, you guys aren't doing any re refurb, I guess, for the inside. Nothing. It's just an open building. That's all it is. We have an office already on one side and and the garage is already set up. Yep. Okay. All right. So, let's find that one complete.

Complete. Okay. Can I have a motion to find that the application's complete? Move find the application is complete. I'll second that motion. All right. All in favor? All right. Quicker than the last one. Yeah. Well, we had a lot more information. [laughter]

Yeah. Okay. So, our approval criteria. [snorts] Sure. It wasn't this quick when Dan built this. No, no, it wasn't. It was more than once one time, right? This is just a change of view. Just a [clears throat] change of use, basically.

Mhm. water or air pollution. I do have a question though maybe before we go further. Are we looking at this as both rural residential transitional and resource protection or just the former with resource protection like added?

Well, everything that they're doing is within the rural residential outside the resource protection. Okay. If part of this was going to be in but he's got the 100 foot setback, right? So it's so because of the um because this is this is the line for the resource protection district right here. Is that right?

So it it's all within the Okay. Thank you. Any get into it? No. Okay. Will not result in undue water or air pollution. Thoughts on this one? don't see any issues. Okay. Anyone have any questions before I make a motion? change in oil and antifreeze and all that just goes right into buckets or something and

goes into the containers into containers. Then we dump it in the barrels. Yep. There's no inground waste things. Yeah. Are there drains in the There is drains, but they've been capped off, been sealed. Okay. Yep. which I've just had a think to do with that whole thing with drains are not illegal in garages as suspected previously. It's the state D rule is just that the

termination point of the drain pipe has to be above has to be above gr above grade. Yep. So if you can find it Yeah. They're all capped off anyways. They don't have drain anyway, do they? They don't drain out. They just selfcontain. You have to pump it.

Yeah. And that was because I I capped everything off because if the oil truck had leaked, it stayed in the ground in my drainage. So I had control. Gotcha. Yeah. [laughter] So yeah, that would have been So that means that means there were tank there were tanks in the under the ground.

No, there's three I'm going to tell you there about 60 gallon like manhole drains in each bay. Yeah. And they just fill up hole. But they must go into just the ground. No, no, there's they're contained. They're all contained. The cement the cement containers in the ground.

Oh, so that's Well, that's a tank. Yeah. Okay. Yeah. All right. So, okay. Yeah. [clears throat] I was going to say if there's no tank, they must be going like bottom basin. Yeah. Yeah. It's like a basin. Yep. Yeah. I think they're all about 60 gallons, I think, each one.

And you've capped those off. Oh, yeah. Yeah. Yeah. All right. Do you do I'm sorry, one more that just came to mind. washing like if you're degasing and things like that. Is that done that's done inside? Done inside in the in the bays or in the whatever the garage and then so water runs

stays right inside. Stays right inside. Those are all tapered to the manholes. Okay. Okay. So they are tapered to a manhole or whatever and then you clean that out or Okay. Yep. Yeah. Perfect. Yep. So what is the plan if there's an oil spill?

First of all, you call DB. [laughter] I can tell you that right now. So then you clean it up and they come and inspect is what happens. Okay. So you have a plan or a written process to follow if there's Do you have an oil container or spill kit in the garage?

I got spill kits. Yes. Yeah. They call oil pads. I got oil pads everywhere. It's okay. Yep. You had to have all that with the oil company. Yeah. Sure. Sure. You had to probably also had training, spill prevention training as part of your

Well, there's not a whole lot of training. And it's just you spill it, you clean it, and call the EP, right? If not, they will rip you and they will caution you. They will find the heck out of you. Yeah. Yeah. I've been down that road.

Not fine, but I've been warned. Yep. You've been ripped. [laughter] Yes. Yeah. Yeah. So, if we have a spill or something, you take your containment system, put around booms and things around it, and then you call Yeah. your socks, they call them.

Yeah. And you call D and Yeah. They would come out. Pretty much the same thing as if you put oil in somebody's oil tank. It isn't a Yeah. Exactly. [laughter] Right. Yeah. And you find out after it's after you pump 300 gallons that there was no tank in the basement. [clears throat]

Yeah. All right. Does the board have any more questions on this one? If not, can I have a motion? Like to move that this project will not result in undue water or air pollution. It has the appropriate provisions for the work proposed.

I will second that. All those in favor. All right. protection won't cause an unreasonable burden on the existing water supply. Um criteria shall include use of an aquifer and epic measure that will not harm the wells of those currently relying upon an aquifer.

that shouldn't affect excessive water. No. Right. Um pollution piece earlier with the prior one. Okay. So, and we've got a fire pod or and a dry hydrant. a motion? Could I just ask where your well is on the site? Yep. It's great.

It's Oh, I see it is labeled. Okay. Thank you. You bet. So, I'd like to move that uh this applicant meets the approval criteria with an existing water supply sufficient for his proposed use. It will not impact the water supply for budding properties because this use is minor in nature and there is adequate fire protection uh water source.

in favor? All right. erosion or reduction of capacity land to hold water so that dangerous and or unhealthy condition may result. Can we do this one quickly? Okay. Move for my motion guy. Move that this will [laughter] not cause unreasonable soil erosion or reduce the capacity of the land is a previously developed and stabilized site.

Second. Yep. All those in favor. All right. Um will not cause highway or public road congestion or unsafe conditions. will not cause highway or public road congestion or unsafe conditions. proposed volume of traffic is consistent with the design of the driveway and sight lines.

I have a second. Mhm. Uh all those in favor and next one. Adequate sewage disposal in conform with state plumbing code. I'll move that this project has adequate sew disposal and is has a HG 1000 form and complies with state plumbing codes.

I have a second. Yep. All right. All those in favor. Good job. Adequate fire protection. We already talked about this. Here we go. All right. Make my motion, John. dry hydrant, fire pond, whatever. Right. So, this pro this uh I move that we find this project has adequate fire protection with a nearby dry hydrant

and heat sensing alarm system. Yep. All those in favor? Okay. Hey, Calvin, would you mind moving the Google Earth up a little bit? I just want to see this. Yeah, perfect. All right, that's good. So, no one on that side. I was just thinking of the next the buffering one. So,

this one on this side. Our son owns the property right next to Oh, yeah. No house though or anything like that. Yeah. The town tore down. Oh, okay. Yeah. He's actually building a new one in Congress. Move that this project will not have an adverse effect on scenic and natural beauty of the area as it is an existing

facility and the use is consistent with the prior use of the property. Okay, I have a second. All those in favor. uh in conformance with the town subdivision ordinance, comprehensive plan, land use ordinance, and all other ordinances. So,

mentions just set road frontage set back 300 ft. Oh, no. Road frontage is 300 ft which they've got front lot line set back is 100 ft which they've got sideline set back is 100 ft rear lot line is 100 ft. They've got all those

max structure height 35 ft. They're well under that. We don't have dwelling units. [sighs and gasps] Lot coverage is 25% for impervious surfaces. And you guys have 10 acres here, right? Well, well under the 100. Minimum building envelope is 40,000. Got that.

on one of these maps? This is the aquaer overlay district. The red. Okay. Is it the red? Oh, I'm sorry. Is it the red? Oh, yeah. No, you're right. The red the red dash. in there where so they're over here. They're over Yeah, they're over there. They're not in there.

Yep. Close. Perfect. And this is a permitted use in the right zone, right? For that's why I was sort of as it's not for the resource protection, right? But we're not in that. Yeah. There's some additional performance standards for petroleum storage if you're in that aquafer area, but if they're not in it, then we [snorts]

don't need to. drill through those. I checked the land use table. What's a permitted use? Conditional use permit required. Okay. district boundary line divides a lot or parcel land and same ownership blah blah blah. The regulations applicable to the less restricted portion of lot may be extended to the more restricted portion of lot by not more than 20 feet. Doesn't matter because we're not extending into resource protection, but we could. Right.

All right. Can I [sighs] have a motion? I move that this project is in conformance with the town's comprehensive plan. Oh, I get the right one. Yeah. Compressive plan and other applicable town ordinances. The right line.

Yep. Yeah. Can I have a second? Second guess myself [laughter] for a moment. I will second that. All those in favor? I Okay. um has adequate financial and technical capacity to meet the standards required by this ordinance.

I'll move that the applicant has adequate financial and technical capacity. Sorry, say NA. We can say NA's on these, can't we? Sure. Okay. I just don't know. It's just cur I'm just if we're not doing anything, you know, because if we were, then we would need to

Well, he's not making any land improvements, but uh I don't know. Just having It doesn't matter. It really doesn't. I mean having the knowledge of what he needs to have for his above ground storage system and all of those pieces you know he's shown that he has he understands the technical nature of the business he's proposing to do on the thing. So I don't know.

Yeah. If he is Yeah. If we're saying that stuff will be done, you know, even if it's minimal. Back where I was. Uh no, that's okay. We'll find that the applicant has adequate financial technical capacity to meet the standards of this ordinance. Uh there are no improvements that require financial and the applicant has the technical capacity to implement his plan.

Okay. Okay. Can I have a second? Mhm. All those in favor? Okay. whole part within 250 ft of any pond, stream or river waters will not adversely affect the quality. You guys are not within 250, right? No. Well, they are of the wetland, but

Right. But this is they're talking about shoreland zone, right? Right there. Yeah, he's well out of the shorland zone. Pond like stream. Got it. Got it. Got it. Nope. project is not located within 250 ft of on lake, stream or river.

I'll second. All in favor? All right. Well, not alone or in conjunction with existing activities adverse the adversely affect the quality or quantity of groundwater. Do we know are we in a flood zone or is that another one? Are we in I'm sorry that's 11. Sorry.

Well, hold on for that one. No, there's no no flood zone. 11 is what you're on. Yeah, I know. I'm sorry. 12 is flood zone. It's hard to read these things. pollution water pollution is part of number one anyway, right? So this is kind of redundant.

Yeah. Mhm. So I move that um this project will not in conjunction with existing activities adversely affect quality or quantity of groundwater as the appropriate provisions in his shop to control this waste. I'll second All those in favor?

whether it's in a flood plane proposed use shall include Did you say you want to come? Yeah, it's flood floods way back. That's doesn't theation plan. I would be surprised actually because the river is right there like that they aren't in the They they're way up there.

Oh, the back side. They're probably They're probably 40 to 50 ft above that. [snorts] Okay, got it. Yep. So, sorry. Which part of Actually, the flood plane I think overlaps with resource protection. Is that where it is? The flood plane is actually on the Cedar Pond Road side.

Okay. And it's all uphill and then we're on the Yeah, we got Okay. This flood plane way down on the C pond. That makes sense. You guys are high. Mhm. In elevation. Yeah, high in elevation. [laughter] I think I was the only one that got it.

Okay. Um, move that the applicant has provided sufficient information. Oh, no. I'm sorry. Okay. Let's see. Move that this project is not in the flood plane. Okay. Second. I'll second. All those in favor? Okay. will not have an adverse impact on spawning grounds, fish, aquatic life, bird, and other wildlife habitat.

I move that this project will not have an adverse impact on spawning grounds, fish, aquatic life, birds, or other wildlife habitat. It is an existing developed site. Okay. Second. Yep. Second. All those in favor? All right.

as noise, odor, glare, or vibration to disturb the peaceful enjoyment of the adjacent property. So, we've got So, I'm going to try to conduct 99% of the work inside the building. Okay. So, the noise should be all contained.

And what type of work would be outside? Well, if the garage was full, I'd be running air guns. So, noisewise, you're right. It's a lot quieter than that saw rig I'm running. Yeah. Yeah. And your only business hours are 7:5. Is that what I saw?

Yeah, that's what we're we're proposing. I I hope I'm not there that long, but Gota 3:30 would be good. But we did that to be safe. Um any odor or anything like that? Exhaust maybe. Should be very low. It's just a truck leaving.

Okay. Yeah. Any know, it's not a I'm trying to be substantial. It wasn't a quiet area to begin with, you know, with the previous use. So, yeah, those kids make a lot of noise. Yeah, [laughter] they do. I know many of those children. They're all my children's friends.

[laughter] That's why I don't have children. I don't know. I have been there when they've been there. I'm just kidding. All right. I will move that we find that this project will not cause noise or glare vibration to disturb the peaceful enjoyment of adjacent property. Use consistent with the prior use of the facility as a wheel distributor supplier.

Firewood processor and firewood processor. Yeah, that's what I was thinking, not the children. Okay, I'll second that. All those in favor? All right. Will not place an excessive burden on the ability of the town to provide municipal, governmental, or educational services.

I will move that this project will not place an excessive burden on the town to provide municipal, governmental, or educational services. There are no kids. There are no kids. No. How are you disposing of trash and stuff at the site?

We'll probably get a dumpster like we did before. Okay. Cuz they don't give free garbage tags to commercial. Commercial. [laughter] Try it. The answer is always no. Do you live there or is that food? [laughter] Maybe. All right. So, I've got a motion. Can I have a second?

Yep. All right. I'll do some paper. Yep. Okay. Um so wow we do not have a checklist for the performance standards. approval criteria. Which ones? standards of the section should be considered to be evidence meeting the appropriate approval criteria.

This is the one where these really should just match up with each other. They should. We think we need [clears throat] to do Gasoline gasoline. I don't know gasoline flamable explosive combustible liquids. Well, you'd have combustible

from any lot line. Yes. Which they are. Oil, heating, oil, diesel. Yeah. But you're all right. Let's go through these quickly because I don't anybody classify want to get them in trouble, right? Not that anyone's standing around to challenge this, but Okay. Uh, read the air pollution criteria to yourself and give me a motion.

What page are you on? Uh, 56. Oh, I was on the wrong one, man. Are they ready? These those guys will still get on the right page. I was giving them a moment to Oh, thank you. [laughter] the applicant meets the performance standards for air pollution

because there won't be any substantial emissions or anything like that. I'll second that. Okay. All those in favor? requirements for water pollution. There is no water quality uh main D permit required for the ex is this an existing development and the applicant has the appropriate safeguards in this facility.

Yep. I'll second that. All those in favor. Okay. How about water supply? I move that the applicant [snorts] has an adequate water supply with the existing well and there is fire protection available nearby dry hydro. Okay, I will second. All those in favor

Soils. No activity shall be permitted in any area where the soil is rated severe or very severe for the proposed activity. so but so so this is about constructing it so you don't have soil issues for the most part. So I move that this project will not uh create soil issues. The site

is existing and currently stabilized. Yeah. Second. All in favor? All right. I move that this project will not cause erosion. There is no new construction proposed and the site is stabilized. We'll second that. All those in favor.

[snorts] appropriate vehicle circulation with an existing paved driveway and existing sight lines approved by main DOT when the facility was constructed. Okay. And I have a second. Yep. I'll second that. All those in favor? Okay.

Solid waste. I will find that the applicant is meeting a performance requirement for solid waste. They will contract with a private hauler for the disposal of their waste. Okay. Can I have a second? All those in favor? Okay. Landscaping and buffering.

house on the other side. your building your oil tank building next to it. Oh, there's a tinky shed right next to it. A shed. Okay. Yeah, but no no no outside storage other than that. No. Okay. What are these things right? What are those?

That's a trailer. That might be part of an old dock. Might be styrofoam. That is Yeah. So they're not storage containers or anything. No, they just starve open docks. Yeah, all right. Um I move that this project has appropriate landscape and buffering is an existing facility with mature landscape and forest land buffering the proposed use.

All right. All those in paper impacting historical archeological resources. The site is currently developed for its proposed use. Yeah, I'll second that. Okay. All those in favor? Okay. Uh natural resources. I will move that this project will not meets the performance standards for natural resources and in an existing developed site will not be disturbing

rare or endangered plants or wildlife. Yep. I'll second that. All those in favor? Okay. Financial and technical capacity. the performance requirement for financial capacity because there are no substantial improvements planned in the building and the applicant has the t technical capacity to comply with the ordinance through his training and experience.

Yep. I'll second that. Okay. All those in favor. that they comply with those? They have to anyway. Otherwise, [laughter] the neighbors can call you and you can go with a sound meter and it's really [laughter] activities in the site.

This is use. So that's construction at the property boundary though it's not I mean that's kind of a downtown those noise levels are kind of a down like downtown Brunswick that's kind of what you have to do with the property line but for out here they're they're probably low

but the other trick is it's um that whole equivalent 1 minute, right? So if you go bang a gong and it's 200, you know, 150 dB, well, it's only there for 5 seconds over a minute. So it's always a that's always a really has to be a consistent,

right? If he had a generator out there with no enclosure, no muffler on it, then so uh I will find that the applicant uh meets performance standards for noise. Work is primarily planned inside the walls of his existing building and uh hours of operation are proposed within the 7 a.m. to 700 p.m. 55 decel

range. Yeah, I'll second that. All those in favor. Okay. Odor. I feel like we already did this like three times. I know. All of them. Someday we'll get all of this realigned. meets the requirements for odor. The work is going to be performed within the confines of his building. There are no exhaust systems planned and the o

applicant does not anticipate creating intense odors. Yeah. Oh, sorry. I'll second that. In favor. All right. Lighting. I will move that the applicant meets performance requirements for lighting. The lighting is existing on the facility.

Yep. I'll second that. All right. All those in favor. uh explosive materials. requirements. His flammable and combustible materials will be stored in appropriate containers within the confines of his building and in a uh storage building designed for an above ground storage tank existing at the site.

All outside the 75 ft. All outside the 75 ft. Yes. I will second that. All those in favor signage. So, we've got a 24 square foot total. You guys [snorts] said yours is 2 by3. 6 12. if you add one more. I thought I read something about if it was the same on either side. It wasn't

square footage of Yeah, the square footage of only one side of a double-sided sign should be counted provided the two sides say the same thing. So, you're well under even with the two signs. Um, how high up are they? How tall are they?

I guess 6 feet maybe. Okay. So, not more than 50. Yeah, I think they're about six wall less than 8 ft. Okay. Yeah. animated lights? No. No. Okay. And the uh the DLC, [laughter] right? I think they they changed that, by the way, today.

applicant meets the require performance requirements for signage. The square footage of their sign is consistent with the ordinance and is uh only six feet high. Yep. I'll second that. All right. All those in favor. Educational services. I'll move that the applicant meets performance requirements for educational services because it will not be adding enrollment to our school systems.

Can I have a second on that? I will second that. All right. All those in favor. All right. Can I have a final motion? right? performance requirements or off the whole deal. I want a motion to grant or deny the conditional use.

All right. Permit application. Okay. I move that we with or without conditions. Oh, okay. Well, let's ask a question. Are there any conditions that we want to add before I start? We went through a question. The application says truck repair facility. So, I just want to be clear. Is you're going to do equipment and trucks or just I mean

just big trucks? Because if you're going to do equipment, I would just add that now so that there's no confusion later if if there's excavators and bulldozers and No, I don't plan on it. No. No, it's just trucks. Okay. we need? I don't think so. Do you?

I can't think of any. The one thing I did see in here is the solid waste um that that a contract exists with a licensed facility. Um I think you guys are going to contract in the future, but I don't think that's that big of a deal that it needs to be added as a condition or anything. So that's the only thing that I was like

the only other issue that that comes up often with these types of businesses is that they turn into junkyards by definition by state. And I understand that by definition of state and then there's a bunch of exemptions for then you might have to go then you might have to go get a well if you have so many unregistered vehicles or parts of vehicles and then there's the that be automobile graveyard and then there's if there are just stuff all over the place it turns into what's defined as a junkyard. So

I'm going to have a new code enforcement officer is going to stay on top of that and I'll let that situation. Well just uh what about the existing ones? You can't have those. Well, that's a whole another. [laughter] So, you're So, that's not going to happen. You're not going to have

No, I don't have room enough. Everything's on a sidehill. You'd be surprised. [laughter] [clears throat] So, that's the only other thing that I see typically happen with these types of businesses is they often just keep gathering more.

Well, parts this truck is parts for another truck that might come in. No, it's a good point. But but it's no there's there's not going to be a [snorts] junkyard. That's for sure. We didn't did we talk about where like if there is everything going to stay on the pavement impervious surface

that's everything else is on the hill, right? Okay. Yeah. So like you said, there is no room. Oh, really? No. So what is the slope back here? You're mowing it. So it's steep. Steep. Yeah, it's steep. You that you can drive.

See that gray area? The dirt area right behind the building. Yeah, that's where the grade is actually tapered. You can't even hardly walk up that. That's how steep that is right there. Oh, it's like a uh like Yeah, terrorist

right where your hand is right now. Yeah, the lawnmower spins on that side hill. You have to you don't have to shift your body over that tire just so you can keep mowing that. That's how steep that is. So, it sounds like all automobiles will stay within the

Yeah. already. Oh, I was thinking I'm looking on the other side. It's over there that you can drive on the other side. That whole backyard is so steep. You can't you can't drive there. You could drive up and around next to the woods, but you can't where the hands at. It's steep.

Yeah. on what you're trying to um avoid? I don't know. That would be a it it's you know there under state law you could only get a there are a bunch of exemptions under automobile like you said is there's so many vehicles you can only have anyways.

Yeah. And then if you're a garage uninspected if you're a garage there are a bunch of other exemptions you can keep it for up to 180 days or I I don't I don't have it all off the top of my head but yeah. So, but your application, you're not doing any outside storage except for vehicles that you're actively working on. And that's I think that's what you explained to us at the beginning, right?

Yeah. So, yeah. I mean, from what I can see, it doesn't look like you're the type of people that are going to have this happen, but you know, you may sell the business down the road or something. We would have done that already, probably.

So, if it turns into a junkyard, then we have to deal with that, I guess. Right. Right. Some fill could come across your way and that slope could get flat. [laughter] somebody needed fill cut it whole bank. That's a lot of free Phil giveaway

and it's all clay. I move that we grant the conditional use for a repair facility at 66 62 662 Newbrook Road for this application. I will second that. All right. All those in favor. All right. Thanks for being patient with us.

Thank you. Appreciate it. Wow, that was good application. Had everything that we needed. Yeah. And you even listed things you wanted waved. That was very cool. Helps us get through things faster. [snorts] Oh, okay. All right.

Okay. It's a good for alternates. [laughter] I should I should have thought cuz I printed it out. There you go. Have we had So you're going to try You going to come back? Cool. I think we need to do that when I was walking.

All right. So guys, thank you guys. I've now lost my agenda. Yep. Okay. Appreciate it. Thank you. [laughter] Once we clean all it up. Yeah. There it is. Um, so our next meeting is September 6th. Applications need to be in by August 28th. Close of business. Um, before we adjourn, Ruth raised a question

about marijuana in the town. I've heard that as well and grow facilities. And I responded to all the selectments saying, "Well, if you just want to put licensing restrictions, things like that, that's probably not us. But if you want if you're interested in us coming up with proposals for zoning it, that should start with us." Um, and hold the public hearings and all of that fun stuff. So, maybe just be thinking about that for next time, whether that's something we want to dive into. and maybe Mindy or I will follow up with the board of selection as well to see if there's interest in that

marijuana is in zoning. Yes. So, so would that be so what would we be doing versus the comp plan versus for zoning? So, so comp plan is big picture just here are the broad principles across the town and zoning comes from the planning well the planning board needs to hold the hearings on zoning changes and things like that. So we could for example recommend an ordinance change that says okay growth facilities are only allowed in rural residential and it requires a 1000 ft setback and

buffer and blah blah blah blah blah. Okay. So not specific like this is where it is but like these are your conditions that you have to meet like your setbacks and your um you you put it in zones. So, there are a couple categories under the new medical, not medical, uh, recreational marijuana, there's grow facilities, there's processing, there's social clubs, which we we can ban any or all of

these. I don't know their social club is appropriate for Durham, but we don't even have a bar. Um, be the new uh and retail shops, be the new nudist colonies, or great. So, so yeah, I get that. I'm just wondering because I know the comp planning, comp plan, comp board, whatever, is working on the big picture. So, which would come first? I mean, would it be

Well, I think the thought is to get something sooner than later because we could have an application on our table tomorrow that we need to determine what we want to do with. So, let's start the conversation so we're ready to deal with it because I don't know when the state's going to start allowing

some of those. state rags are supposed to be out beginning of next year is when they're promising them. Um but there are issues with applications that are filed before we have regulations in place. A lot of municipalities have just put a moratorum on them.

Yeah. Um which we didn't get in I don't know when our next town we don't have any special town meetings. Why didn't we do that? I thought we we talked about that. Should have done should have. So well my understanding is MMA just released some guidance documents on how to do that. Um

I think Ruth is working on that right now. Right. So my understanding is that might be what they're gonna at least research and have a hearing on is looking on a moratorum until we and you could understand you could have a special town meeting to

to do that. Yeah. Okay. They're at least going to have hearings and see the town interest. I think Yeah. But the moratorum only buys us what is it? Six months. Six months. I'm not sure. Right. Six months and then you can renew for another six months if you're making progress. But we still have to go back to town meeting to renew it.

And I think so I think when we talked about it before, Paul said don't do it now because the regulations is still being developed and everything else and you're just going to have to redo it and get some better guidance. And

um there are a lot of towns that are and cities that are actively working on it. There are some that have already banned them like forget about the moratorium they've just said not not going to happen. Um, and then there's some others that are are working on substantive, more detailed

regulations, but most folks are holding off on a lot of detail until the state rigs come out because that'll deal with licensing of the facilities probably, how many plants, the processing, the those kind of things. But as far as zoning,

that's local. So, which zones are we going to allow it in? What kind of buffers do we want? What kind of setbacks? What kind of want them at all facilities if we want them at all and do we want to ban certain categories. You know, maybe we want to allow growth facilities but we don't want to allow social clubs. Um so maybe be thinking about that and I'll talk to Mindy and see if maybe we want to depending on what we have next month if we want to put it on our agenda and one of us will check in with the selectman and get some guidance from them. We'll go from there.

Okay. Have we heard anything on alternates? Interested? Nothing yet. Nothing. Nobody likes us. I'm not even a bite. No. I I will say we're not making this look fun enough. I I I will tell you that I did receive a did did receive an application for a couple of uh 25 foot by 100 foot long buildings for

grow facility. I haven't haven't dealt with it yet because I don't know what to do with it because I don't know if that's a use. I don't I I I need to sit down and think about is this a use permit or is is this I mean I don't know the permitting would be the structure would be permitted

right but then the use is that now a business is it agricultural is it I I don't know what to do with it so I mean your your your thoughts on the use part of it is it it's not listed in our conditional you know it's not like it's one of our land use on our land use table page 47 it says garage like this one was garage for fair facility. Yes. No. Planning board conditional use.

The thing I always tell folks is what if they were growing tomatoes? How would you treat if they were growing tomatoes? Is it agricultural? I mean [snorts] hydroponic tomatoes or whatever. I don't I still don't know the answer if it was tomatoes frankly. But

I think it I think it would be agricultural and I would say okay I think agriculture is agricultural is an land use ordinance. So I would be but it's in a building. But it's in a building. It's to me it's more like a like commercial manufacturing point when you're right.

So would this be a conditional use permit? I But then Okay. Yeah. I I would hope I in the end where it's a conditional use so that we can I mean if we're worried about odors from the diesel the odor would be for a mile. You'd smell that uh

growing. [clears throat] Well, I mean I think that's still in the performance standards. So that's still enforceable as enforceable as odor can be which is not easy. You mean like part of the building permit even if it didn't get to

No, it' be an ongoing enforcement issue. Is is that separate from is that under conditional use or is that in the regular? I thought we pulled it out. So it was just a general performance. Maybe I'm wrong. So either way though it comes down to the biggest the bigger question of whether

oh it is conditional where we would allow it and if we would allow it right well if the yeah well right yeah I guess I I mean I really we need to have a workshop beyond use it's it's are we going to have this here somebody from MMA maybe talk with us about I think we need to start making some what's going to happen is eventually is nothing's a problem until it's a problem is one's going to show up one's going to show up next to your house or

Well, well, one's already showed up to town. You have one right now. I don't I don't know what to do with that. So, right. [laughter] So, so then back to what you guys were talking about that Yes. It's obviously [clears throat]

Is this a Is this a use? Is it is it is it I'm looking at two things. The building permit, fine. Uh you want to build two 25t by 100 foot buildings? I, you know, from a building standpoint, but then you want to use it and I don't know where you divide that.

Yeah. If you tell me what you're using it for, I'm saying the use is I don't know what that is. Yeah. You said there were three different types. There's three or four. So there's grow, there's processing, there's retail, and then there's social clubs. So maybe four.

Processing is making edibles. Uh, yep. Or extracting okay extracts um things like that. So, can we can we if we do move forward with this could we look at the tax implications for each different just to how each would be taxed

state? Uh, you mean from a like a property tax, right? So, if I have a club, am I taxed and how much am I taxed? to my growth facility. What are the tax implications? Because I'm wondering if the the the the towns that are saying no way.

Do they have any tax issues? We we're looking on the comp the three of us are on the comp plan. We're looking at tax base and that's a big issue that came up in a lot of our outreach. How much we be making? But I tell you I can tell you this about that is that it's still federally illegal

on the federal level. So you can't buy it with a bank card. You can't use a debit card. You can't. It's still a cash business. So for us to be able to the next problem is how do you police how do you know how much money is going through this

to get so I mean separate from the property tax issue the state is the scheme they're considering now is a 20% sales tax rate with a 5% 5% of that being kicked back to the city to the municipality. the town sales tax which is different from your real estate which is different from your property tax

and I wouldn't expect that the real estate or per business equipment or any of that tax is going to be that high for any of these facilities I mean they're pretty I think we can there's there's one make the call right I mean the the state has its can determine like the 20% that was their call right

right um I mean but if you're talking about property taxes is usually you come up with a valuation and mill rate that attach to that valuation. I don't think we could come up with a different mill rate for marijuana facilities.

So that's that'd be an assessing question. I guess we have to ask the assessor. This is all new. So what's But no, that would be good information to add, you know, to the conversation. Yeah. Yeah. Yeah. Yeah. Like to for people to weigh in, you know. Well, I know with like Poland Spring, the last ordinance I worked on with Poland Spring, it was how many cents per gallon was the municipality. We were working out that then they moved to another town, but we're looking at a like 2 cents per gallon and that was so if we could work it out with something

that would that was a contract zoning, right? Yeah, that was an extraction issue. Um, so something to think about. Um, I think your suggestion of a workshop is probably the best way to go, but So, what are you going to do with that application?

I don't know. As of as of uh day after tomorrow, it's going to be somebody else's problems. [laughter] Okay, fair enough. I'm just trying to buy down the clock and buy down the clock. CEO that's starting tomorrow, Friday afternoon. Yeah. Because I think we have don't doesn't the town not maybe not plain board but maybe select board have the choice to to say that

I don't know select hasn't select has no or not select board maybe ask me the town CEO has the ability to say well we just don't I don't know well yeah I mean if it's allowed under ordinance I mean I could I could allowed and that's the reason I mean I could interpret I could render an opinion that it is a use and in my opinion it is somewhat of a commercial use and therefore it needs a conditional use permit and they could disagree and we could end up in court and I mean but it would be for now I could just in my opinion it's a use that is

I mean if we have to have conditional use for for someone to do child care in their home right right I know we're not really overreach in my mind to say that that type of facility needs to go through conditional use program

and I think marijuana has been treated differently enough by the state that I don't think they'd win the agriculture argument. I get it and I it's not a bad argument, but yeah. So, I'd probably go light and industrial or something like that,

right? Okay. Can I have a motion to adjurnn? Motion to adjurnn. Second that. All in favor? You need a second? Okay. All right. [laughter]