TranscriptPlanning Board Meeting ~ October 2, 2024

be good this is waiting for this thing go ahead and start at George mared is kind enough Can You Hear Me testing work here hello hello hello yeah okay I think I think we can hear juliia has a better voice than I do go so she's going to repeat everything I say this evening I think there's a big delay there's a little bit of a delay okay uh welcome everybody to the Wednesday October 2nd 2024 uh regular meeting of the Durham planning board uh our first step is roll call uh determination quarter we have Mr dur M kinger John talot Alan Pon and

Brian lenoy so five members we have a quorum uh the next step is the Pledge of Allegiance if you would join me in saying the Pledge of Allegiance I pledge alance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all okay

any amendments to the acceptance of meeting M minutes for September 4th 2024 anybody have any comments on last month's minutes changes Mark We spelled your name right my name appears If We spelled it right I move to accept them as presented we have been moved and second it any comments on the minutes seeing none vote uh raise a hand if you approve done uh number five

informational exchange on non-agenda items Town officials Mr thear please uh just two quick items uh the first is that the community facility steering committee has met and uh the greater Portland Council of governments is preparing a citizen survey asking uh the

Durham residents what their concerns are about the existing Town facilities as well as what they might have for goals for these properties that the town uh has here in the Senate um they will be holding a a s sidewalk going to all inspect all the facilities to get a better sense of what is in these buildings and what their potential is what their issues are uh and then they will be uh also in U I think it's in nove those things will be happening this month and then there are going to be scheduling a couple of uh stakeholder meetings where they'll be inviting boards uh the people from the fire department the Eureka Center the town office staff uh and other groups uh as well as just the general public so they'll be having a day meeting as well as an evening meeting to solicit direct input so it'll be this so it'll be quite an extensive Outreach for this project and then uh any sorry any dates been set

for that they have been I just don't have I can get them to you uh you'll be getting invitations so uh for those uh events and then uh you have on your agenda tonight the public information meeting for the land use ordinance changes that have been that has been scheduled for November 13th so uh we can really address that when we get to it on the agenda yeah sorry uh the agend looked more so was that after other business yeah that's under other other business so I do sorry um so is our plan just realistically to get through both the daycare and new brook and then get to these other items at the end yes okay cuz yeah I had some questions on like the RP and stuff but wait for them okay George has a code that if I start talking too much he's supposed to use it sweet there we go so should you hear that that that tells me to shut up and move on okay so we have no other Town officials uh residents on anything other that is not

on tonight's agenda seeing none we will move on to [Music] nonresidents okay seeing none we'll move on to continuing business of which we have none and that takes us to new business which is a completeness review of site plan application for daycare center at 706 hell road map 7 lot 35 public comment while that be taken and what this does is we go through a checklist of all the things that you were that they were supposed to have provided uh and make sure it's there or that we wave that it's not necessary so this is when we finish with this if it's complete uh we then move into steps into review and assuming we finish that and we approve it that completes the effort for the daycare center so with that uh Mr uh if the two daycare center folks would come and introduce yourself your role and you live please sure so I am Andrea asash and I am the property owner at 706 holwell Road um

Mike trione with Acorn engineering I'm the project engineer uh out of Portland okay and Mr thear do you want to start us off with a quick introduction yes uh the planning board granted conditional use approval for the daycare expansion back in July and now we are moving to the site plan review phase of the project review and just for members of the public uh the the two-step process really looks at first addressing what the impact on the neighborhood potentially on the community will be of a proposed business use and then uh it's weighed on General standards of traffic drainage noise scale those sorts of General criteria if the planning board finds that it meets those criteria then they give a conditional use approval which happened again on in July and now uh the the uh engineering design of the project is the subject for the review tonight so uh they have their site plan

which shows an addition on the rear of the building as well as parking to serve the expanded daycare uh the applicants have hired a team of Consultants uh one representative is here tonight and um they have done a very thorough application for site plan review which was very makes our job easier when they do that uh they are requesting some waivers um both on the submissions as well as some of the standards uh and we can go over those and um part of the waiver uh justification is that they have done the calculations that are uh identified in the ordinance for the storm water and erosion control plans um and so we can look at those in terms of I think probably your decision on the waivers can be uh held until the decision on the application of the site plan so there's a there's a provision in there for granting waivers I did note some uh discrepancies in terms of the checklist uh the fees that were paid did

not meet the new fee schedule and we can explain how that might be handled the fire uh water source for fire protection was an issue that was not addressed in the original application as well as was Wetlands mapping and then fire protection itself just as general had not been addressed by the application and then finally there were two kind of inventory issues of the wildlife habitats as well as the historic uh potential historic resources that are in the site plan review ordinance as as criteria and standards that had not been addressed in the application since then the applicant and I distributed it yesterday has has submitted some additional Mater material and commentary to address those issues and as far as the fee is concerned uh we have collected a peer review uh as escrow as well as the review fee so rather than making them pay another fee and then returning uh what we would what I propose which hopefully will be

acceptable to you as well as the applicant to just simply deduct the difference in the new fee uh from what they paid out of the escrow when it is returned and of course that assumes that you're not going to to get an engineering peer review of the of the application but in any case that's an option that I think can easily address that fee schedule uh issue the uh fire chief has submitted uh an email uh dated

September 25th and I neglected to include that as a submission and uh incorporating his comments into the findings in the version that I sent you out yesterday when you get to the decision stage I do have an updated uh printed copy with all of the comments including the fire chiefs so we can use these paper copies uh in terms of going down through the findings of fact um that's for the site plan that's for the plan if you determine completeness gotta so um I think at this point I have prepared in your packet uh a draft letter of completeness and also a draft letter of incomplete and we can obviously if you determine that it's in complete for any reason we can modify uh the draft that's in your packet so again at this stage you're just looking is the application complete with all the information that you need to make a decision okay we'll let the applicant

daycare from 12 children to 20 children there something specific you would like me to speak to nope okay I I don't think so the engineer if there's anything specific you would like us to look at I saw your response to uh the comments about wildlife and all that stuff is is in here but you want to just summarize it and any changes you have made for since last time we were here I think you moved the parking yes yeah I can get into just kind of the thought behind the how we ended up at the site layout if you can want to pull up again this point we're just talking about is the this is true thank you I jumped the gun save that thought if you want me to talk on any of the no you I do we'll get there later this week but he didn't say sweet but that's his way of moving me along go ahead can the rest of us say sweet sure okay is there anything else that you want to discuss bring out to our attention at this time about your

package I don't think so just that the the Fire Marshall piece um I have already been through the State Fire Marshall's office um and getting them all of these plans so they you know they've already been through the whole thing um and given their permit to me and I sent over that permit I do already have a permit from the fire Marshall's office okay well we have a checklist that uh I don't know if we need to go through every item on the checklist um that is in front of us but there are a couple that have a question mark uh or ask for a waiver on that we can discuss as we're going through John I would recommend that we do go through almost each one um just because I think there's a couple that I've got questions on it could be easy like P we're good if that's okay with you okay um then let's do that so site plan review submissions complete application form stop me if there's any that you have questions on

location actually I'll stop you there sorry um George you mentioned the the the fee is that part of this piece completed application form no it's actually not on the form but it is on the application okay so I noticed that it is yeah it doesn't match up with our updated costs updated fees right so the idea is to take out some from the um peer peer review review and then so say we do go to peer review would we just bill the applicant for any additional the peer review system has a built-in replenishment that if you draw it down they have to replenish it okay I'm okay with that if we want to talk through that right or no do we just say that's yeah I think I think we're good with that con we have there we already have money from them yeah the application is complete in respect to that location map site plan provide proposed project name names of owner applicant stop me if you want to so the abuts um sorry John uh that's not really

part of this but do we require we don't require um what do you say like official receipts from a Butters that they received I'm not saying there's an issue at all I'm just curious I saw the list of the folks that you all sent the notices to I have the receipts right here okay I wasn't sure if we generally they do submit the receipts okay so we do require hand them off to George before you leave okay we'll do good thank you

most recent deed all septic system so sorry I am going to the so I saw the deed if there were any um like incumbrances or easements or anything like that that would have showed up on that deed and I think you also have almost like an Ulta in here right like the survey if there were any easements or anything like that it would show up in that survey right yeah okay okay uh propos water supplies for domestic and firefighting um as as Jo I will speak for you as George said the uh Chief sent an email and I talked to the chief this afternoon fire chief uh Chief trip he is

fine with their water supply and their fire uh alerts and all alarms and all that other stuff so the fire chief is good with uh with their information and we receive that email too yep and he sent the email uh and then the state Marshall is yep then uh the applicant send in a letter with some additional information on that uh all Wetlands mapped I believe

you there are no Wetlands you sent us a uh in your letter you said there are no you've checked there are no wetlands in this area and in addition remind good time to say the only area being worked on is immediately adjacent to the house which has already been developed and is a is a yard and so on and so forth so so I will argue this that the wetlands were not mapped by anybody I don't think anyone went out there specifically focusing we didn't have a wetland scientists go Wetland delineation or anything like that no and I mean I was out there about a month ago it's all appears to be up one yeah it probably is but we did not have that done for this and that looking but we you so so can I just keep real quick so looking at the Wetland National Wetland inventory I think if I'm looking at the right property it is there's no Wetland there for that but it is close to a stream or river and I'm wondering

how close is this to our RP or stream anything the stream is actually on the adjacent property and the stream buffer for it the resource protection extends onto this property it's 100 ft from the edge of the stream so it just comes on to the property so it is on RP property the the very boundary between the the property toward the school uh has some resource protection adjacent to it but in terms of where the construction is proposed that's not even close to where that is and it's is delineated on the I can bring that up what is the resource protection oh okay that is on there I believe so oh I didn't see it okay or it's right there on the bottom left corner there can't really okay right here yeah so this is North oh no North is down there okay yeah yeah so that makes sense so yeah that's where the river or creek is that's the boundary of the resource protection right there and the construction is over

here right so there's that and then um is this an an oper uh there is I don't I can check that keep going those were just my comments regarding that is that yes it's probably dry there's probably no Wetlands but we don't have a delineation showing that well it but it also in my opinion we can put not applicable since there are none that show on the it's not in the RP the work area is not in the RP area and it's not on the national wet's map right but I don't want to start requiring I'm just trying to be consistent like if we you know and we are it is in mostly developed areas for sure but there are some tree clearing in non-developed areas for this project but we have the the ability to say that it's not app for sure we have we have the abil yep I'm just want to those items up so it my thought is my in on

this thing is that we do not have all of the info for this item and that it's not not applicable but that's just me we'll vote on it I mean so you're asking them to do a wetland study not a study it's like a yeah delineation okay I mean I don't think I think it's not aigal it's the area is developed it's not an RP and it's not on the national Wetlands actually George can you just clarify is any of this property within RP just the very edge so

yes yeah right okay so the property is within RP but the area they're working on is not right is my point yes consensus on is it I think it's appropriate to have a motion on 8.5 uh 8 something C8 which is all Wetlands mapped whether we feel that's applicable or not and I'll make the motion that that is not applicable I will second it any further discussion if you spe specifically behind the reasoning because the the developed area is not within the Wetland even though the property itself is within the Wetland no resource protection and resource protection the okay any further discussion uh second to the motion uh I did I'm sorry should remember that okay no further discussion uh raise your hand if you support making this not

can I go back to the aquafer piece do we does that come up later does that matter I don't think so the aqua protection uh ordinance really regulates the minimum lot size and then for uses that involve hazardous materials gravel extraction they have to do a groundwater study yeah that kind of stuff so I don't think it's applicable even if it is on this property okay okay um

location we discussed location many water features there are none and it's not in the around around pond water topography at 5 and 2 ft zoning district and any District boundaries location with size of existing and disposed Cs and drainageways existing streets buildings Parks Etc traffic entrance site distances external and internal roads location or width of existing and proposed Ed access drives proposed waste disposal types and Facilities proposed driveways parking and loading areas proposed landscaping and buffering locations Dimensions ground floor elevations sorry um the the landscape buffering is included I think in the site plan I saw that yeah okay I'm sorry John you just been rattling things off here I just have one comment on um C point 10

topography um one of the things I noticed was that on the um toppo or your grading map I'm not sure that you took in into consideration the um the the uh leech field that's got to be two foot above existing grade it didn't look like that was accounted for in your grading plan and I'm not sure how that affects anything but it didn't show up yeah it's not within like the grade like the project grading for the driveway or anything um I just noticed your grading plan included grades beyond the addition which is in the area of the leech field didn't look like you were showing the are you doing any construction outside outside yeah I mean it says for

areas where construction will will occur if you go to um I'm not sure which but um the right there okay if you go to the section of the new leech field so there's a leech field right there we see that and there's a section so that's like 2 feet above existing grade and if you look up I don't see that accounted for and then in your and I think it's drawing C10

it yeah I mean it's not it wouldn't interfere with any of the proposed grading for the parking area um I'm not I don't care about the parking area looking at your grading plan that shows what's happening beyond the addition but I mean I guess in terms of completeness is this adequate for showing the proposed grading of the disposal field because you show it on that well I think when also in a discussion I'm not sure it's that that we maybe in the Weeds on that a little bit but there is a location Next Step we'll decide whether it's done well or not but say start thinking about that one uh so just sorry if I can just

continue the the Lee field is back here somewhere it's actually to the farther toward the stream yeah back here it's uh get this pointer um uh septic system is about I think it's 70 ft off the it's the one side of it aligns with the corner of the building so it's something like that right there okay that's that's the area and I think that down slope the higher slope I'm assuming is going toward that direction yeah that is a fill right there so it yeah wouldn't you know prude

so it looks like the here which is pretty pretty limited um is that uh one is that a one foot drop from there yeah okay so the septic system grading may have to blend into that Su right there but they did not ACC which is a it's a fill there so

no and we can revisit it so I think the point is that it's not complete in your eyes right like the toppo did not include something right I think that's what your point is yeah that's my point exactly is that the the um new septic

tank design includes or or acquires a certain grade above existing grade okay then that we need to have that discussion next let's get through completely they've shown a location whether we agree is correct or not yeah okay yep all right existing streets we talked about that traffic entrances location and width of existing and proposed access drives proposed waste disposal types and Facilities proposed driveways parking loading areas proposed Landscaping we already talked about that one location Dimensions G for location and details of all signage there's non proposed location exterior exterior lighting uh yes location of all utilities including fire protection uh we've had that discussion about the te provided the information and um in the if I understand it correctly the Residential Building doesn't require uh which surprises me but it's the state law uh General description of proposed use of activity so I would say yes on or

not applicable since it's not required uh signature block flood mapping if in female flood zone it isn't wildlife habitat identified uh so FEMA did we did you include a flood plan map um I'm not sure if it's included in the application it's not within the FMA FL says if and femo flooded right so you're saying it's not okay and then the wildlife habitat yeah that's something I'd like to talk about that was it okay so wild so what we say is wildlife habitat identified per main inland fisheries and wildlife mat or confirmed absence so what this means is is it mapped and if so show us or confirm that it's absent per the agency yeah so I sent over the their GIS mapper right but that's just I think we're looking for consultation here okay so at this point in terms of completeness yeah were they have submitted information for each of these and then you can determine it's just they have not right or you can say

when you get into the substantive discussion of that item you can say this is not adequate to prove it okay so I think that's the same as we just discussed and the same with historic uh I will just come out and say it now I think we're getting very deep into the Weeds on something that's going into an area that's already developed in a very minor project and I'm not sure that we need to or they need to spend that much time but so I think it's they've provided us something whether we consider it good enough is to be determined uh they've asked for erosion and storm water plans phosphorus plan is not uh

required it's not in the Watershed which it probably answers the question about in The Watershed um so I guess we need a vote at this point is do we have the information we need have they submitted something I guess is what's here and we will evaluate his quality in The Next Step so do I have a motion

the requirements of submission items moved and seconded any further discussion seeing none raise a hand if you okay now we move on yeah I my hand wasn't raised it wasn't I'm I don't know if I can because I said okay that's fine so you're voting no I think I have to okay it's

completion checklist let's move on to the actual uh I will update on what you said here okay so just summarize again this is the second step of the pro approval process um and the conditional use looks at the general criteria now we're looking at the specific site design and uh one of the things I did point out and John you kind of alluded to is that the site plan review standards that are in this ordinance are really uh intended to be able to handle relatively larger commercial projects like shopping centers and Office Buildings and those sorts of things but uh it really can be applicable to many aspects of even a smaller development issues like parking and lighting so so I think the ordinance has given broad waiver authority to the planning board recognizing that for smaller projects like this one if you put those types of requirements on it it may not be really reasonable nor necessary so the board does have uh as I

said fairly broad waiver Authority but the burden is on the applicant to convince the board that if you do Grant a waiver that the intent of the ordinance and the standards of the ordinance are satisfied in terms of uh your any waiver that you might ask so they did ask for waivers on the storm water and the erosion control plans formal engineering plans and under the ordinance if it's not in the Watershed of runaround Pond and they're not disturbing more than 5% of the of the area then they don't have to do a full storm water plan the ordinance does put the burden on the applicant to provide calculations to demonstrate that and the uh the applicant engineer has submitted those calculations showing that it's less than uh 5% now they are asking for

a waiver on the parking uh uh access parking the width of the aisles in part to keep it down below that 5% threshold um and uh in reviewing that I did make a comment how uh I think the that the 20 foot width for the driveway going out back is more than adequate if you think about some of our roads are 20 ft wide uh but I do recommend an additional couple of feet uh where the park where the parking is you there's a parking diagram uh in the submissions and that indicates uh I can just SW switch over if you could George and then just kind of highlight where the area make sure we're all the same

see um prepared showing that a uh truck pickup truck can maneuver that which you can see the the tires and it's just from there to there is like the edge of the space so if they just simply widen this out a couple of feet it'll give more room for maneuvering and I don't think that's going to add any significant impervious to the to the and then keep it 20 the rest of the way so that's an item for discussion uh you do have the authority to Grant the waiver and they've they've attempted to give meet the burden of proof to show that it'll work so that was that issue on the waiver of the width of the access aisle they have provided a down uh a lighting plan that shows that there will be illumination adequate illumination they have a lighting plan in their uh submissions but not causing glare either on the uh Butters or uh uh night sky illumination by using down directed uh sight lighting uh the buffers they've

indicated they will be putting in it actually shows on this diagram some buffering along Hollowell Road and then they're looking at the existing forested edge of their property as providing adequate buffering for the Neighbors so I did include in the packet uh draft findings that go down through as I said I've updated them for the additional information that's been submitted by the applicant as well as the comments of the fire chief and I have those printed with all of those findings Incorporated when you're ready to move to a decision process okay well I think we're almost there um let's go ahead and do the uh there's three waivers I think that you mentioned George one is you've asked for a waiver on the uh erosion control uh storm I think was first I just got to find them here can I ask you George to to talk further about that 5% sure um is it in our ordinance yes uh it might even be on the checklist boot in

perious area from the project is 5% less than the total area of the lot and as long as that is that's okay we can the waiver right that's correct okay so I wonder if we should talk about the other one first if we did require that expansion as George mentioned would that kick it over yeah I mean we've discussed it and we're happy to add an extra oh would it kick it over the 5% I would have to take a look at it okay uh I don't have the numbers right in front of me right now but so it's two feet over do we have the authority benefits over 5% yes you do have you have authority to Grant a all right so you could include that even within it if it if that is an isue okay so point should we talk about extending the parking lot first I think that's what the recommendation was so the if we want to talk about the waiver I think the question is are you willing to modify the waiver to add to just do an extra two feet as in the

area George show uh showed but not the whole Drive yeah so in my mind what to kind of help to find this so there's no discussion down the road it would start with the handicapped pace and go out 2 ft and run the length of that and you're okay with doing that y okay so let me find that waiver see the exact

back to the storm and the and the waiver to reduce the two-way aisle width from 24 to 20 ft for 90° parking so the waiver is just at the parking space I'm understanding this correct so we could just actually it would be for the entire length of the access the that'll be down to 20 ft and then the aisle in front of the parking will be 22 versus 24 so okay that's not what your waiver says if I'm reading this corre the applicant requesting waiver to reduce the two-way aisle withd from 24 to 40 ft for 90° parking so if we would I'm good with that so your definition yeah they're revising it because of my comments okay so how do we want to word that so there's

right you that's what you're saying if there's no 90 degree parking you technically don't need to meet the 24 Drive is the what's in the ordinance yes so that's what we're asking let me for I got to look at the picture so you're asking for a waiver for 20 feet we want it to be 22 all the way through right is that what you're saying that's what we originally were asking for okay that's your so starting down on on nine yep so your W so the waiver would be the to go to 20 feet up to where I said right here and then it would go to 22 feet right at that spot right there yes okay right so how what somebody have some good verbi to say so just put a semicolon and then say starting at the um disability parking

heading is this North no heading west will be 22 ft or something like that okay so maybe just clarify to make it to make it clean in terms of the wording the applicant has requested a waiver from 20 ft down to 24 feet the other way other way 24 24t down to 20 ft you can grant the waiver but limit it to a 22t

width at the parking that's what I'm trying to get to yes but I'm saying that's how you would work it okay so in other words you're not asking them to revise their waiver request you're just putting a condition on the waiver that you're granting that's what I was trying to clarify so we would Grant the waiver as written with a condition that the area along the parking uh slots would be 22 feet are you okay with that condition yep okay so I'm going to take a shot at the this motion so I move that we approve the waiver uh the applicant work for a two-way aisle with from 24 to 20 feet

with the condition that the area along the uh parking spaces be 22 fet anybody does that make sense to everybody so that a year from now everybody would understand it second it's been moved in second in uh any further discussion if not raise your hand to agree it has passed 51 or 5- Z this time

okay now having done that let's go back to the first waiver which is uh I guess that's actually the roosan control plan uh foro the equirement for preparing of preparing a separate erosion and sentation control report uh there is in on the pl uh erosion control uh measures

you self whatever you're using is on there y so what's missing would you know what they're asking a waiver for is a written report The Narrative and a whole bunch of other stuff then any comments on that so the the measures they would have to follow are on the plans if we approve those then they have to follow those can you tell me George where's c28 in our ordinance like where's all of this stuff listed um the submission requirements for site plan review would be in article 8 yep

and it would be section 79 I think it's 8.4 I see the waiver section is that what we're talking about just the site plan review waers of it that's on page 79 of the ordinance and the verbiage is under 88 .5 uh c28 erosion and sedimentation control it says an erosion and sedimentation control plan prepared in accordance with the main D manual for that uh it says

the board May wave submission of the erosion and sedimentation control plan only if the project site is not located in the Watershed of runaround Pond and Upon A finding that the proposed project will not involve construction or grading with changes rage patterns and if impervious surfaces such as roofs parking lots and driveways are less than 5% of the area of the lot being developed calculations establishing the impervious surfaces limitation shall be submitted by the waiver with the waiver request and the maximum impervious surface shall be noted on the plan that's that's the ordinance language so it's pretty clear that we say o May wave submission only if these items not in the runaround pond and as long as it doesn't go beyond 5% right correct so if it does go beyond 5% then are we allowed yes because under uh section the uh W the waiver

Provisions those are in um 8.7 I actually uh on page 86 .7 uh it talks about waivers of performance standards B where the board makes written findings a fact that due to special circumstances of a particular site proposed to be developed the provisions of certain required improvements is not requisite to provide for the public health safety and Welfare or alternative design is equal or better to you can grant waivers and then similarly under a is a same kind of language for submissions so so the short answer is we can wave it you can wave it yeah and I think we have a motion in a second have we done that yet not yet no okay I will move that we approve so just sorry if if and I agree with all this I'm just saying the waiver itself as written maybe needs to be scratched out the last potentially if it does go above 5% that last sentence is not is not

correct right c28 is referring to what we just talked the run around Pond and the 5% correct so if we have that in the waiver and they go beyond that what were the other numbers you read off there George 8.5 or 8 8.7 is the language for weights I guess the bottom line is is adding 100 square feet of impervious going to change anything I mean the engineer says he's not sure not I'm not sure if it I mean 100 square feet I don't you guys have the calculations in in front of you I think I you want to look at them going to sit all fraking night discussing this yeah I mean it's not gonna [Applause] I don't know that is it 100 square feet would that put it over you tell me that seems to be our requirement for

3.2% entire okay so we're good so we're good okay that answers the question okay so I will go back to the motion that we approve the uh site plan waiver request for uh erosion sedimentation control uh per paragraph 8.7 mhm

that is my motion second moved in second any further discussion I have a quick question the um the impervious area calculations that you did um you did just the project right the 1358 ft of roof is just the project yeah okay um question for George with the way c28 reads

would it be the entire totality of what's on the property that the original structure plus the addition I think the language there is the developed being developed so that would be the whole lot so that's even way because you're talking project area that's why it comes out at 3% no the it says of the

area of the lot being developed but what I'm asking is yes we have the new the new area that's being added but you also have to calculate in the old area of the lot that's already no I think the intent is that this only applies they only have to do storm water management for the portion that they're adding not for the existing that's all I need to know thank you any other discussion has been moved and second it hearing none raise your hand if you support approv the waiver five 5 Z okay now on to what's the next one storm water I think storm water management plan

the waiver so normally a storm water management plan would include you know modeling of the storm water to show your Peak flows don't cause any flooding Downstream um you know to make that whole report and model it I think in this situation is unnecessary just because you know we've shown propo grading that's going to bring the storm water out back into the forest into the forested area um you know I don't I wouldn't think that due

to the scale of the project that it would be C any significant flooding Downstream or into the roadway so you're doing water treatment by running across the lawn and into the woods does that sound right I didn't yeah okay I mean I put words in your mouth but what you're saying is it's it's going to run off impervious across the lawn and into the woods and any pollutants I mean that's what that's the goal usually yeah I mean if we did prepare a you know storm water management plan and had to do um you know treatment that would be treat what would the treatment would be we would have to deed a section of the force it buffer back there I mean it's never going to be developed I wouldn't think okay that's good um okay so uh my thought is that that's a fairly

significant effort cost for a very minor project unfortunately our rules don't really different differentiate so it has to be waved so do I have emotion on this one can I ask a question Yeah you mentioned you might have to deed an area if we were required to treat the provide

treatment for the area which we you don't have to do it yeah so if had to build a reatch it upon then you would one of the storm water bmps which is a treatment method is deeding a section of but even if you did a storm water management plan you wouldn't have to for this small section right or you just don't know you wouldn't have to for D standards no D standards is an acre of impervious would require that so no okay you're just saying yeah okay so okay thank you okay so uh I forget we have no

motion so I will make a motion that we approve uh this waiver as uh written up second moved and seconded any further discussion seeing none please raise your hand if you approve hand is raised okay so the three waivers are now approved and we get into substit substantive review and there's a whole bunch of stuff we go through on this one uh George I think you've given us your piece so uh any we've had a

couple of discussions let's I will turn it open to we can go through them individually uh and then discuss like fire and that when we get to it I think all the the other stuff we hit is uh as we get to it so like I see won's inventory is already written down here so what I'd like to do is start with the site plan review criteria and go through them and then we will vote on them individually as we go so John I do have the updated oh yes please

you thank you sir thank review approval criteria design planers utilization of the site there's five comments there that were added by the put in by the Town planner and so um I think number five looks like one that we've started discussing and um any comments on uh utilization of the

voted that the Wetland delineation was not applicable to this project so commenting on the Wetland is even something that I should do but um I'll know that well you're welcome to comment on it but I mean I'm not sure it's appical uh but but go go ahead and say your pce to well I guess I'm just saying we can't we don't know I'm assuming there's none there but we don't know for sure so I guess that's all I'm going to say about Wetlands for this also includes wildlife habitat this section and I don't think cultur is in here um I think it's later yeah but Wildlife so we don't have um anything back from the state of Maine saying that there are no concerns with this project regarding

if we're if I don't think it's necessary given one is location and two you did provide if I'm reading this the beginning with habitat GIS reviewer which is is I realize is a broad scope but we're talking about somebody's backyard M so I don't feel it's necessary okay I'll just I'll just bring that up for for computation to add to it we don't need to vote over anything okay we need to eventually vote on this I mean we'll vote on this but not that specific piece yeah okay so any other comments about utilization of the site

a motion which would be about it I will make a motion made by John talber the site plan reflects natural capabilities of site to support the development buildings and parking it are located on the suitable L environmentally sensitive portion of the site have been avoided and protected and natural drainage is maintained to the maximum extent practical uh do I have a second no second moved and seconded any further discussion seeing none please raise your hand if you uh vote to approve I see four raise your hand if

you vote to disapprove four to one thank you B adequacy of Road system the project is located on State Route 9 and arterial with adequate capacity to accommodate the proposed development uh any additional comments on that one seeing none I will accept a motion I'll move that the AIS Road has capacity to take the added traffic proposed the project does not generate peak hour trips that affect Traffic Safety on that road uh second second moved in second in

Allen would s a second that was me okay I can hear much better with my hearing age um moved in seconded any further discussion seeing none raise a hand to approve this one's 5- Z vehicular access into the site uh there's two comments in there

this is not the parking issue this is the getting off of of group nine discussion and we've already approved the waiver for for 20 ft any other comments I'll make a motion that the project entrance meets the uh site safe sight distances and traffic

safety standards uh second I'll second moved in seconded uh any further discussion seeing none please raise a hand to approve 1 2 3 4 5 z uh next one is internal vehicular Circ circulation and um George I think we have this is where we add the the change to make it uh the area by the parking lot is parking spaces is 22 Square fet 22 fet wide

excuse me I think that would be the next I think that's e is parking and thank you sir so those two comments that are right there any comments on those twoo there should be three three John you need to go by the I got new glasses no you need need to go by the handout instead of the book don't change things on me close your book close your book all right so let's go back to internal the Durham fire chief has indicated that the access is adequate he did indeed again today right so any additional comments seeing none please raise your hand to approve make motion yeah okay I'll make

the motion I make the proposing interest me safe site distances and traffic safety standards second second do I have a second I'll second Brian uh has seconded uh any further discussion if none please raise your hand to approve it is approved Now parking lot layout and design George you've already added the 22 ft in width right yes he has yep it four okay number four so there's four items on there any comments on those that we've got

to the motion okay proposed parking meets the design standards for setb aisles and parking spaces prevention of damage to lighting and Landscaping and for safe pedestrian access second moved and seconded uh all those in favor raise a hand 5 Z

three comments in utilities are provided second second moved and seconded any other comments yeah so util this is solid waste oh oh oh no no or no so well solid waste generated from the site will be utilized the existing is that in the I think it is I don't know if there's any other place to cover it Solid Waste is generally considered a utility under utilities okay and it's it's one of the notes yeah I see it in the note I just don't see it in the ordinance but it makes sense any additional comment seeing none uh we have a move it's been moved in second raise your hand to approve 1 2 3 four five next

lighting design standards there are three comments please look those over you already have any discussion yeah I'd like to know which lights are going where it wasn't really clear do we have a lighting plan there is a believe there's a key on the think it was I didn't quite see

could just point it wall packs yeah they're all wall packs I think there's two or three it says lighting of the proposed parking area will be accomplished with wall packs mounted on the building so it's like W4 W1 W1 these are the wall packs yeah so there's one above each entrance and then two along along the garage there okay is W1 a wall p as well yeah

that's that part of the project yeah okay you can you know cross check that the cut sheets that are in there um so these numbers represent the foot candles of Illumination up near the building it's like 2.8 there and then it it gets dimmer as you go out so the it's zero by the time you reach the property

motion could I have a motion I will move adequate lighting is provided for the proposed use second I'll second that moved and seconded any further discussion seeing none please raise a hand to approve proposed uh fire protection um I will

very quickly my discussion with the chief today our town fire chief is he's satisfied with the um fire protection measures they're doing I think you the there is the fire hydrant here and then uh there is there's a a capability here

patri way and there will be one when it's uh open on um dear Creek right is the new subdivision so there are three ponds within a short distance of this make the motion uh the Water Supply will sustain fire suppression requirements of n NFPA 11142 water supply clause for Suburban or rural firefighting second second moved and seconded uh

further to Brian are you disapproving I am okay raise a hand to disapprove 41 4 to one on fire protection pardon me 4 to one on 4 to one next would we include um I mean for this type of use specifically like fencing and safety in this section or is that in another section like the general buffering yeah

um so I see buffers are fences Landscaping burms Mounds but what I my question is about fencing for the for the kids right so that's more of a safety thing which I might have already passed so well that that would in this particular you looked at it in the conditional use um I think the issue is the safety of children uh in terms of the parking lot from the from the design the access and parking so maybe the applicant can address the issue of the fencing that they're proposing I think there was one proposed right yeah and it I believe it's an insurance requirement for you so Insurance yeah she has there's a portion of it that exists thing and we're proposing to expand it so it encloses the whole kind of the white one will be the exist or the proposed the the dark fence is it's like the square yeah that's existing or proposed that's proposed and then existing is that's existing that one or am I missing could you George

hand him the pointer show rather sit here just show us where it is isn't it's hard to see the Grays on that I think I think if you look at the plan set it's easier to see yeah like it it's it's a real light gray it's along the tree line though so it there is existing fence along the tree line there yeah okay so that's existing and then we're closing it in okay thank you so two comments under buffering any uh additional questions comments if not I will accept a uh

make the motion the applicants plan adequately buffers the butters in the public from views of parking gar uh garbage Storage storage utilities and outdoor storage and is designed for adequate long-term maintenance do we want to add anything about fencing in this or I just don't know if this is the right section or not it might be under the U not really buffering I think offensive buffer but maybe it's more under

use versus site plan review the um the ordinance does not address daycare outdoor fencing y so it's really was under the conditional use requirements and for safety purposes and you required them as a condition of that to show the fencing on the site plan okay so I think they've Vally addressed it yes but I would just we don't we don't need to address it as a specific site plan okay yeah and I think we'll discuss it when we get this I think it was another place where it is covered okay so I think I made a motion did we hit a second second we've had a motion in a second any further discussion seeing none please raise a hand to approve five zip historic and AR

archaeological resources three comments on there was no same same as why like you didn't receive anything back from the state or they've done they've done research on you know the cemetery and other stuff uh I don't know that we need a letter from the state telling us what's what's already in this is an area that's already developed so well if that's the case then we might want to change the I would agree the list of things that we need y

that would again the problem is major construction uh versus a addition to uh a residential building that's going to have a purpose okay but any additional no historic or Arch archaeological resources on the site that that would be affected by the Project's development second second moved and seconded any further discussion hearing seeing none please raise a hand to

disapprove 41 okay Financial capacity the they provided a letter of commitment from a bank or Coastal Enterprises and I think we have the total amount of the project proposed do we have that yeah in here I'd make a motion if you want me to you May okay the applicant has adequate Financial Resources to construct improvements in keeping with the standards I will second it any further

discussion seeing none please raise a hand to approve 2 3 four five approve 5 Z technical yeah we have a little snippet about your company and who you are um the applicant has adequate experience with site development and or has retained qualified consultants and contractors to complete the project in keeping with the standards second moved and seconded any further discussion seeing none please raise a hand to approve 1 two 3 4 five 5

Z the next one is the overall planning board decision so you needed to approve you need us to approve each stage now we've got to approve the overall project okay okay uh I will make the motion of the planning board grants the site plan approval of the kids next door daycare site plan application subject to the following conditions of approval to be noted on the site plan and there's four of them there and I would say Julia to your question about the fence the safy fence uh it's on the plan so I think in my mind paragraph one covers that as as well as insurance and whatever the state's going to make you

you I did moved in second any additional I didn't know you read that whole thing you moved it or did I I moved it okay don't confuse me uh I could do that myself uh soor let move second any further discussion seeing none please a hand raise a hand to approve one two three four raise a hand to disapprove 4 to one 3 to2 okay my apologies I saw a movement okay 32 so it's approved so next step is code enforcement and then make sure you follow all of the uh the items that are on there thank it was a good package than you thank you for doing that and thank you for your patience and thank you for staying in Durham and thanks for putting up with this it's a long process sure thank George for all the help yes George thank you so much okay next going back to the agenda if the uh Newbrook subdivision

folks would like to come to the all whole new sketch plan review of a proposed subdivision on new Brook Road M 6 SL 49 public comment will not be taken and George you want to start us off with your comments on the Newbrook Road subdivision could you consider changing the name please I mean if I would it's very

was a placeholder a placeholder it is can't say it fairy rich I believe I don't need to know tonight just the road name I believe it's fairy Rich fairy Rich you whatever you'd like to call it is to me but uh it okay so George you want to kick us off yes uh John members of the board this is a proposal uh sketch plan review for subdivision off Newber Road on approximately 64 acres of land that has Frontage on the Andersen River uh it currently has one dwelling on it accessed by an old Range Road that will be upgraded to provide the road access for the proposed seven Lots the um the

topography and I actually uh in addition to the applicants uh submissions um using that new technology I did on the other subdivision um prepared this slide which shows wow this is the equator and basically shows it's hard sometimes for most of us to read those uh topographic maps m and so this is a lar Point uh Cloud it really helps you

really see the topography and um so basically the anders scon River and then there's a ridge that runs across the property one near the river but the development proposed area is this one and the current access road you can see the actual grading of that travelway in there as well as new Brook Road uh and then what I did was to Overlay pretty close the there their sketch plan and then so you can actually overlay it onto the topography and and the applicants uh consultant can kind of clarify if I'm interpreting this correct but basically it'll run along that Ridge uh the house sites will be above the road and then uh there's I think that Vernal pool is somewhere in this paic right there you can see there's you can see there's a there's a depression there that creates the opportunity for that veral pool uh and I also interpreted that they want to avoid building a drive this this lot will have its Frontage on

new Brook Road and rather than running a driveway up through this area they're planning to do a driveway easement across this lot to get to that home site that's basically the layout and they're definitely following the topography which is good uh I did see on the cross section that I think this will be about an 8% grade coming up through here is that correct I believe so I I would apologize um Bill Gish our engineer was supposed to be here tonight to help present the project but he had a personal emergency that he had to leave to so I'm afraid I can't speak too much to the technical side of the design but I will fill in as much as I know yeah so there is a uh this is the proposed common area area uh and there is kind of a wetland system down through here at the bottom of these drainages uh but the rest of the site is pretty much high and dry in all the area where they're proposing with the

exception of that Vernal pool and it has a 250 ft buffer one of the things again this is just sketch plan to kind of get an understanding of the site and the project and then when they Pro provide their complete preliminary plan application we can get into much greater detail on all these issues uh but I think for tonight couple of the issues to discuss is the status of this existing access uh and what the intent is in terms of improving that to town standards uh as well as their proposing this as a family subdivision and so uh the question is uh typically a lot of times with a family subdivision you don't trigger subdivision review you you claim exemptions but it appears that they're going to go ahead and build subdivision uh in anticipation of future development of the individual Lots by by Family you're saying that you're going to your your I assume you're the owner yes your family is going to build on the

Lots yes okay um so the if I may add at this point um we purchased the land with myself my brother-in-law and my mother and we formed an LLC and then after we purchased the land we're informed that an LLC cannot have family to break off the Lots in a timely manner to we'll get to that later so that's why these gentlemen are involved to and we're here to do this presentation okay so one of the issues to discuss tonight conceptually is that if this were being seven lots for development and sale then there are a lot of requirements in terms of perform performance guarantees construction within uh to start within a year complete the entire Road within three years so uh if it gets a subdivision approval then those will be requirements of the approval so just something to clarify for the app because again part of the purpose of a sketch plan is not just to help the planning board understand the project it's also to help

the applicants understand the process uh so we can kind of you can hash that around tonight and just make sure when they file their application everybody's on the same page so that pretty much uh is it and then they'll come back for preliminary plan where all the standards will be reviewed and uh you won't make formal findings at that point but you'll make an initial determination that they can meet all of the performance standards and then uh you'll give a preliminary approval with conditions that require them to get out any Outside Agency uh approvals get their engineering plans finalized and peer reviewed and get all their legal documents in order for coming back for the final approval so it's a three-step process sketch plan is just a general discussion tonight no approvals uh uh given or intimated and then they'll come in for their preliminary plan and then their final plan those are those are the three steps

in the process okay so uh would you two introduce yourselves I'm David Brackett uh one of the property owners I'm Conor barass representing Northeast civil Solutions okay did you have anything you wanted to add to uh George's presentation brief really great job because we'll get did you hear that George they said you did a great job uh sweet noted sweet

got it um so the the point tonight is is probably more for you to listen take notes back to the engineer who's working on this and um so we'll give you our initial thoughts the other thing we need to do this evening for everybody is pick a night day whatever to do the S sidewalk site visit so sooner probably rather than later uh if your group can have we need Corners to we need to know where lots are and where the center line of the road is so how quickly can you get to that is how quickly we can do the site plan without muck lucks and snowshoes so um can I ask a general question what is an address near here um 74 new Brook

Road 74 we'll drop you if you use GPS guess it'll drop you right at the bottom of um Oakville Lane okay thank you so when we put in our house which is represented you're the one that lives here yes okay um the town required us to name the road because we're the second structure on that road so it is Oakville Lake okay thank you uh one issue that'll come up is what is the legal ownership of the access road right now

have a lawyer doing the paperwork to write up the the write on right away on that we have a early 1900s document from the city the town of Durham releasing it to the abutters and then there is no paperwork from there on so it has been released to the abutters but no one has accepted it into their deeds on the adjacent property so we have a lawyer that's um okay well that will be that will be an issue because you need to have right title uh and interest or interest into this access if it's not on your property U and again that can be accomplished in a number of ways probably the board should be looking for a legal opinion that you have full right title and interest to access this way and to improve it uh so the burden will be on you to prove the legal status of this giving you right title or interest to improve it so is this the lot line line that is the wot line yes okay so I see you're thinking you have an easement

or something like that the the D listed as an easement um access easement on that property and the the three properties to this side of that also have that listed in their their property a good indication and you're using that currently correct and you bought the did you build your H that house yes okay um I feel like we should talk about what George brought up now in that subdivision review versus I don't know what we were talking about earlier family subdivision yeah but as as the applicant indicated they do not qualify for exemptions because it's an LLC okay so just everyone's on the same page this is a subdivision full subdivision full subdivision all requirements per you know pending whatever but okay

heard the process earlier this evening so uh probably not likely to give too many waivers because the I I will add to that that well you may be planning to sell it to family members 20 years 30 years from now yep you know screw you Dad we're long gone and so it's got to it's got to carry with the land and right and everything has to be done so anything else oh yeah um resource protection is this on resource protection there is a significant amount of resource protection area um along the anders gagen River and then um along this there's sorry keep going there's also uh a significant amount of wetlands which we had mapped out but was is this R PE or is that it's uh pretty much within 250 ft of the river there there's a line it's hard to see but it's right there this is resource protection oh right there okay so that's RP is there any else in here a long dire Brook to the hood Plaines and that's not on prob

right but that's that's this part of it has some here too is this it nothing else in here uh for RP for RP no no how flooding when were you here during last year December or yeah or we had like a couple in a row how how did that go um so we lost um Trail access along the river along the Andersen River um to because it was underwat um but is that a trail right there what do that feature you can see it yeah I it's just a hill right at the foot of the Hill there's some kind of a flat straight so um there was some logging activity in there and there's some significant logging trails that have gone through there prob what that um and they they did muck with the land pretty hard um when they did that um but that's it's probably a Logging Road that you can see there mhm um so the the the going back to the flooding um the water level came up on the river side but never came into um anything beyond was

never in here no it was nowhere near the 250t mark even oh wow okay and you'll show flood planes and all that and your plans as you're doing it anything else do you know if it's in a flood plane yeah it must be right I really see well actually the topography here along the uh the river you have areas these low Ling elevations this is all going to be flood plane but this is all steep slope RP yeah so the basically the river will come up that banking but this is pretty high elevation here this Ridge I mean that's a good indication if that last storm you wasn't flooded that was yeah I have um open space is this a

are we going for a cluster no I thought you mentioned something like what this is common one LW is a common law area what does that mean well what they're doing is basically putting their uh their environmentally sensitive areas into a into a common lot um and it's just going to be common open space for the benefit of all the all the Lots but so is this a it's not a cluster subdivision because they're not reducing lot sizes or Road F you're just doing it for for their own purposes resource protection because of the weapons we don't want to have the weapons on is is the attempt was to keep the um the sensitive environmental areas in a common space um we ran into um road frontages that forced us to

bring it around so that we'd be um close on the uh or we couldn't put the Vernal pool into a common area but um yeah it's all in one property that's cool and my other last question is the Vernal pool so what are the there's is that 200 foot it's 250 ft 250 what is that like no build or do you know it must not be no I know it's no build is it no build on the Vernal pool but inside is 250 I think you can do some stuff we're allowed I believe to do driveways through that okay yeah just no dwellings yeah okay all right I'll rest thank you Mark Mr dur do you have any any indication yet of how many residences you're going to be building immediately to this property um my wife and I purchased put in a house currently um it's already on there and um my brother-in-law who is part of the the process um is retiring in June from the Navy and um meets home so he will be um starting that process um and we're

hoping that he can start for the fall of 25 got think of the year so hopefully starting fall of 25 we're trying to get this process done so that it's available for him to be able to build um and that would be the first house the second house um starting shortly after that um would be my wife and I relocating to that and um either my mother or my

mother-in-law taking those at the house that we currently have okay um and the the existing Access Road what's the condition of it it's a gravel road gravel blocks seven seven total including yours six in the common yeah oh okay so so we're calling the common right right R okay okay alen so the easement was that considered a range Road by any chance it is listed as the old Range Road but it was never maintained as a Town Road it has not been maintained as a Town Road um as far as anyone of the abutters can

research to find any um record of ownership or anything so far back yeah we we have I I don't remember the exact date but but it's early 1900s that we have a letter from the town releasing it to the butters okay there is a long painful Pro been there done that but it it's just you just got to beat through it so start it have you already started we started okay six months ago well the reason I asked that question because there was a development that close to my home that uh was on an old road that was discontinued but it was discontinued by a vote of the Slick men back in 1961 and I didn't know whether I don't think that this one fell into that same

category that was documented on the Andrew scogan regist of deeds and they specifically named the roads and I'll have to double check that paperwork but totally different location in town than this but it sounds like you've done that research as much as you possibly can so far so far okay anything else I don't know right um just a question on I think

lot six access to lot six why do you need to cross through five why can't you just avoid that all together I believe our intent was to avoid there's a lot of steep slopes in that area so the topography um we want to minimize affecting that to the greatest extent practicable so we looking to do an easement through that lot just to kind of avoid those slopes as much as we can so if these Lots haven't been established yet is there any way you could move the lot line to avoid that all together the issue with that is the U if I may say the road Frontage maintaining the road Frontage on all the Lots around that as well as lot area so you're at 300 on every lot

believe so very close to it yes no the answer is at least yes not according according to the to this yes yeah it' be be nice to avoid that if possible if you can move some lot lines around couple of quick things the roads are going to have to be built to town standards so you'll work with the if you have any questions about that the the road commissioner y uh CEO can help you with that but so that there's no and then there's comes a time when you have to PVE it and so on and so forth um my expectation is because it's a subdivision you're going to have to either do everything or and and take a look at the book or George can help explain it uh ask for any work that's not done so as an example you want postpone Paving for a certain period of time you going have have to ask all the money that would cover that so please be prepared to to do that and then

um you as I said mentioned talk to the uh Road commissioner talk to the codes guy i' also talk to the fire chief in particular location of your fire Pond which you show on there and also I think this thing going into the U from lot five into the U common area as your Hammerhead so please confirm with him that it's big enough Sometimes some of the hammerheads I have trouble turning in my truck so we want to make sure that he's comfortable being able to it take his Hook and Ladder or whatever the big truck is in there and get it back out again so that's one that that we'll be looking at as as we go there anything else another run around um help advice

for the uh sketch noticed you the plan uh the road comes off Newbrook hangs a right then it Narrows I think we must be considering that a drive this little oh yeah what is that this little shoot right here is that you just going to build out to drive standard that's going to be a drive way into that is the current um access to the farm that's in the back okay I don't know that that would have to beet Town standards if it's not used as part of the subdivision it's not defined as part of the subdivision and I defer on that one um so those are my comments uh do you have any questions for anybody here or George I think the to is very good to work with and the sooner the sooner you get to all the stuff you know all the you know historical and Wildlife and get those letters out uh the faster you get them back the faster we can keep the process moving George did you have anything else for them or any questions for

George uh so for the board members and you all first question to you is when do you think you would have um something that defines the lots for us if we wanted to do is and a sidewalk is the planning board they has to be open to the public by uh by rule so we the public could come if they wanted to it'll be public noticed and but the the uh planning board will members will be there so I guess I'd like to get that as I said sooner rather than later from the planning board when do you think um we'll have to confer with our survey department just to get it on the schedule to go out to stake the Lots um

feasibly probably within the next month maybe we can schedule or less yeah or less the reason I say that is not is we have another meeting in the beginning of November then we have a meeting for land use articles and then it just everything goes to crap it's dark it's dark at 5: the weather's the weather is bad so I guess I'm asking that if you could get to that sooner Halloween comes in there so sooner rather than later we're not talking about every corner we just want to be able to find lot one you know the the the center line of the road Center Line of Road and probably like front corners of the lws I think that's what I'm thinking I did we want driveway or no entrances do we like usually do we see those I think we do um we did it the last time I'm less concerned about that than L because it looks like with the exception of five and six there's a lot of room to there's nothing to preclude

you from moving the house you know at this stage moving the house around thoughts on that I mean I think if we've got the the corners we would because there's we're not the corners of the ls the corners because we don't the only thing we impinge upon is they impinge well excuse me is uh the circle for the Vernal pool because you're not going anywhere near Wetlands the main road crosses the Wetland but that's already existing right this is already existing yes that's pre-existing is it all the way up to here how far is it um it

goes turns the corner and goes to that little Outlet to the driveway to the first a right here yeah to right there yeah so that's already existing impact I mean you might need widen it but yeah is that really your only impact it was the attempt well kudos to you okay anything anything else so can we start penciling in a day I mean if we gave you a date like like uh what's today the 2nd 9

16 the week of the 21st is that something you can shoot for be two and a half might be able to make that work I'll bring that for week at 21st 28th something like that um if you would get it to Mr thear and then he will reach out to because again everything just gets really busy after that and nasty and and it behooves you if we can go out go out there and see stuff and come back knowing what's what's actually on the ground if we can so I I mean I know that's easy for me to say but if it's possible to do that you know you got to lay I don't know if you done you've done the survey yeah so some of your initial staking is already in place right yeah and we have control out there so just be um reestablishing that and going from there yeah okay well tell your boss that you know that you've covered for him well anything else if not I will say that totally outside of this uh project the scribers

who live on the corner down there are very pleased with you as a neighbor so I would I would tell you to keep that up but I would also tell you that uh make sure you keep them informed of all the others informed of what you're doing yeah so on you know on all around you and if it's a whole lot easier if either they don't come to complain or they come to say nice things I'm not saying they shouldn't come to complain if they have complaints but you can help prevent a lot I would like to hear those complaints way way before this meeting and I same okay anything else ladies and gentlemen uh the only thing I'm going to say is when you come to tour the property make sure you wear appropriate clothes because there are a lot of rose bushes okay they are vicious Flor well the surveyor is going to cut all those out when he puts the be be about 24t wide we have to bring machetes with us okay uh George say sweet so if

there's nothing else thank you very much and uh you've got a lot done so I'm assuming you won't be too far off of the preliminary you just got a whole bunch of paperwork to get in there as well so but come back when you're ready and we'll see you at the uh Salk thank you thank you thank you thank

so George I think the land use articles are on the last things on the agenda if we could um and my thoughts on that is I think last meeting uh we talked about uh going before the George is invited and I was invited to sit behind them uh to present

this or talk to this about the select board they postponed it until 29th George of October that's correct so uh we had there's been no guidance for the select board on either R2 or the historic District's thing so um I know

my thought would be George and I talked briefly this afternoon about how to how do we present this to the public going forward uh what what means are out there so George I think you had some ideas or yeah well you've already scheduled November 13th uh 6:30 p.m. for a public

information meeting and as we've discussed in the past the really the purpose of the public information meeting is to present the policy Direction that's being considered for the next town meeting and the three areas that we uh two of which are pretty much in motion would be the battery energy storage system uh moratorium as well as the uh resource Protection District realignment uh refinement which will deal with two areas the first being pretty much uh amending the zoning map to eliminate vast areas about 1500 Acres of uh what was assumed to be beginning with habitat co-occurrence of a value of six or more uh coinciding natural resources uh they've done an updated an customized analysis for Durham and the beginning with habitat program has shown that there are just a few spots of resource protection on the basis of beginning with habitat occurrence and those are all within areas that are

covered by other resource protection uh then the second half or part of the draft amendments that will be presented on the resource Protection District will be to give relief to Property Owners whose buildings are in resource protection and the uh the working group consisting of both Conservation Commission and planning board members uh pretty much came up with at the end of the process uh kind of a a two two treatments one would be if they're in a flood plane or a uh forested Wetland

they would create we would create a 100 foot development buffer uh radius around existing structures where they could do expansions without any necess necessity of going to a planning board or a board of appeals review for uh expansion of

those buildings and then for more sensitive areas stream buffers and uh waterfall waiting bre bird habitat buffers uh the buildings would be basically taken out of the resource protection but the uh the any expansion could no go no closer to the protected resource so I've pre I am still preparing itemized uh illustrations for each property where those treatments will be applied I'll be appending them to the report as an appendix so that members of the public can look at those details locations uh and we will be sending out 120 postcards to affected Property Owners under both categories the beginning with habitat 6 Plus and the uh refinement based on the 100t uh bubble for development so those Property Owners will get a postcard it's already been prepared the uh mailing list is is being finalized and they will get a card basically explaining the map's going to be changed here are the two things that

we just discussed and come to November 13th or contact the town planner if you'd like information about it so we're doing what we did in the past which has really worked well is get the word out uh I'll be work also working on putting up the same summaries on the websites with links to the details um and so I think we're in pretty good shape at this point given this just the 1 of October to to do this again in an effective public participation process so uh one of the things to talk about uh is when they do come in uh limiting the discussion to

what is actually being proposed as opposed to people who want to see different policies such as removal of more resource protection uh the the Mandate if you want to call it that direction from the select board was limited to responding to the areas of public input that came with the resource protection uh realignment in 2023 and those two areas were beginning with habitat 6 Plus and giving relief to land owners whose buildings are uh affected by resource protection so uh anything outside of that I think you can listen to it you can uh receive it is a potential future issue but I don't think you need to be compelled to respond to it at this point because it's really not not on the table so to speak uh and can talk to the select board if they want to pursue other agendas on that I have two things one um are are you planning on going in front of the select board to kind of you know provide them an overview of what we're doing

ahead of sending out things to the um affected land owners are we going to do that it's going to be close because we want to get the postcards out at least two weeks before the November 13 I would suggest that yes I mean if if if they're the 29th that's like 15 days I I think the sooner you get them out when you're ready to talk to people I don't well never say never but um I don't know that

the guidance is pretty clear I think for the select board which is pretty much in line with with what we came out with with um and so I think if we want to get the word out two weeks in advance so that people can show up um I think we need to move before again remember this is just a public input y um so no no decisions are going to be made and we have been keeping the select board up to speed all summer so every one of my monthly reports has summarize what we've been working on um I've been to meetings over the summer with them so it's not like none of this is is known to them now they may or may not have concerns about details of it but ultimately it'll be coming back to them before it's put on as a warrant article anyway so well that certainly their input could be included with anything we get on the 13th but but the bottom line is timeline we kind of have to go we can't wait uh then my other question was how many

affected property owners have you is it still around was it 30 it was like 30 something well there's 120 total yep and then of those the larger group is the beginning with habitat 6 Plus and then there might be 20 or 30 of the buildings in resource protection so but we're sending post okay so we're still at like 20 to 30 for those that group of affected okay thank so you said public hearing was the 14th of November 13th is a public information meeting not a public hear select board is hearing this on October 29th is just the update to what we've been doing but so do you perceive any any comments from the select board that may hinder or alter the public

information well if they have information or or concerns or Direction we'll just carry it into the November 13th public meeting and indicate the select board has made this comment in terms of their their uh intent support or lack thereof so we can just carry whatever they bring out whatever we bring out of the 29th we can just incorporate that input into the November 13th meeting if any and I I think what's where we stand with that right now is in line with the guidance we got from August I can't remember when the last meeting was but you know we met with a you met with them and they said this is what we want and I think that's been the way we've moved forward with the conservation planning board joint meeting so I don't think there's going to be any significant changes I don't think there's been anything said that says hey scrap it and start all you know where we'd have to scrap it and start

all over I guess what I'm saying saying I don't think that's the case I think their major focus is going to be on the historical historic preservation program and that's where they really need to make a decision which way to move uh because time is is flying toward the next town meeting uh once they make that policy Direction issue then we can get get it ready for consideration um but they need to make that call and I'm anticipating that there will be a separate public information meeting process on that as opposed to on the 13th because we won't be ready for it no we're just focusing on storage RP on that day right that's right yep quite yeah and I will maybe emphasize a little further the historic thing needs to be resolved between the historic district and the select board uh and that there's a I think a major they're way away on

what they would like to in my opinion or maybe the select board isn't doesn't know completely where they are but that's one that I think I don't see us getting involved in yeah I was just going to ask we're not we haven't you will ultimately have to hold a public hearing we do yeah you're you're the designated group that official but that'll be in March yeah and we don't have to put anything together I mean it's going to Alessa select board comes back and says put something together and this is what it should say and and that may be a task to George but I think our next involvement would be uh or only involvement would be a public hearing the official you know here select Force says this is what we're voting on hold a public hearing they and they'll do the same with the other two um so I guess I maybe I'll mention to Kim garau to get the November 13th meeting on the list of meetings that they put out every Friday you know next

planning board meeting next whatever we'll get that out so that starts showing up for people and then um and we've talked about this George we've got and I know you're working on it but the election having what kind of information are you thinking about that we put out on whatever November 5th that's a pretty big audience that passes through so you know what do what do we want to do look look forward to this coming a little poster flyer yeah I'm thinking just some handout sheets with summaries of these different initiatives similar to what I'm going to be putting on the website and it could just be a handout with as you said John uh indication of the November 13th public information meeting as well as checking with the website yeah yeah and make it if we can make it clear where it is on the website that's a challenge for at least me uh to F stuff so you know on that little information sheet I I agree with you I

don't think it has to be a lot because I think those who have concerns are better served to reach out to you and say I live at you know this address what's the impact on that are impacted please get the word out to else um do we have a full agenda next

month don't know we probably won't get these guys back they're pretty close I mean I don't know they'd be interesting to see I'm out I mentioned it before I won't be attending okay um I guess my feeling is George might have a better feel but uh Ruby Lane and um Bowie Hill Nothing

heard I mean they've gone radio silence and I don't know if there's any anybody else that's blowing in your ear George saying I'd like to put a subdivision in or anything like that so but these two were kind of a surprise so yeah they were but they weren't I didn't well they weren't really beating down the door so I don't know that's a good question okay well she was waiting on heri what's her um she was waiting on getting her um loan that's what I remember she she got her oh her the the daycare yeah I think I think yeah she got her her stuff together and I I will just say I appreciate both parties both

applicants it was nice to get a what I thought was a complete thing but a relatively well organized lots of information professionally done I'm not saying anything bad about anybody else but it was kind of nice to be able to to get a package that we could go through with the information we need and U you know the second one gave us a lot more than we needed just for a sketch plan so was not a cartoon sketch so hopefully that will continue on um so Ruby Lane for the your information is paid drove that today um and so I think I entertain a motion

to adjourn if unless somebody else has something else I'll make a motion to adjourn move second second moved and seconded all those in favor of going home please raise a hand five nothing thank so what was your objection to the fire protection cuz you didn't voice it no I

here uh inside the kitchen maybe sorry no I'm I thinking of cans oh I don't I don't think they do paper I've not seen it maybe they do GE can you take any back or should we just toss it all the stuff toss it I'll take it I mean I'm throwing my recycling out tomorrow morning yeah I'll throw it throw it in the no you're not throwing it out you're recycling it what's that you're not throwing it out you're recycling I'm recycling yeah you must be on the Thursday thing I am a Thursday uh recycled garbage

your thank you so much no problem cuz rest of my stuff is probably you know the the done stuff I will probably keep the the second version that's what they go going