[0:14] Join me in the pledge allegiance. [0:17] I pledge allegiance to the flag of the United States of America. [0:22] And to the Republic for which it stands. [0:24] One nation under God, indivisible, with liberty and justice for all. [0:30] The Goffstown Zoning Board [0:33] is an elected board [0:36] of five members and up to five alternates appointed by the Zoning Board. [0:39] Currently, the board has five elected members and four alternates. [0:43] If anyone is interested in serving on the CBA, please [0:46] contact the Planning Zoning Office at Town Hall for more information. [0:50] The board has a posted agenda for each meeting and tends [0:53] to follow the items in order. [0:55] The board will open the public [0:56] hearing on an application to receive testimony from applicants, [0:59] butters, and affected parties, and ask questions about the appeal. [1:03] The public hearing will then be closed, and the board will enter [1:06] into a deliberative session to discuss the merits of the appeal. [1:10] For each application, the board will decide to approve, [1:13] approve with conditions, deny or continue the public hearing to a later meeting. [1:18] You are welcome to watch the deliberations this evening. [1:20] Or you can call the zoning department at (600) 349-7899 zero, extension 815. [1:27] To get the results for an applicant's request to be approved, [1:31] there must be an affirmative vote of at least three members. [1:34] An applicant can request a continuance if there is not a full five member board [1:39] to act on an application. [1:40] Tonight we do have a full board. [1:44] If you, the applicant and a butter or any party to the action are aggrieved [1:48] by a decision made by the CBA tonight, you have the right to appeal [1:52] to the Superior Court or the New Hampshire Housing Appeals Board. [1:55] However, before appealing, you must request you must request [1:59] a rehearing with this board to preserve your right to appeal. [2:03] Rehearing request must be filed within 30 days of the decision, [2:06] and state all reasons why the decision was unlawful or unreasonable. [2:11] Failure to request a rehearing may forfeit your ability to appeal. [2:15] And now we'll go through and do board introductions. [2:18] Jack. [2:19] Jack. [2:20] Sheppard, buildings code Enforcement and zone.. [2:23] John Belville, member. [2:25] Kristen Dawes, alternate. [2:26] Jason Cody, vice chair. [2:28] Davis Allen, alternate. [2:31] Bruce Buttrick member. [2:33] Charlie Farley, alternate. [2:35] Leonard Stewart member. [2:37] Joanne Duffy, planning and economic development director. [2:40] Thank you everybody. [2:43] We'll start. [2:44] Let's see. [2:45] Put the agenda somewhere. [2:48] And put mine so you can see it as well. [2:50] Thank you. [2:53] You don't have the right. [2:55] So we'll go through and do the August 4th, 2020 six minutes. [2:59] Do we have any corrections or emotions? [3:02] Yeah. [3:12] I never said the hardship is the ordinance, [3:14] not the physical condition of the property. [3:16] This should be deleted. [3:17] Okay. [3:18] That's really clear. [3:19] That's not what it was. Okay. [3:21] So please, please note that in the record to have that corrected. [3:26] What page was that on. [3:28] Page five of nine. [3:38] The ordinance cannot be the hardship. [3:44] Anyone else? [3:50] Motion to make a motion as amended. [3:54] Motion from Bruce. [3:56] Second. Second. By Mr. Belliveau. [3:58] All those in favor? All right. [4:01] Oh. I'm sorry, I have to appoint an alternate. [4:04] Kristen, you can vote on the minutes, please. [4:06] All those in favor? [4:08] I opposed one abstention. [4:11] Motion carries. [4:20] All right. [4:22] First up on the docket, Beth Gage. [4:25] Applicant is appealing an administrative decision [4:27] from the code enforcement officer that an existing approval. [4:31] I'm sorry. [4:31] An existing approved preschool, kindergarten group, child care center, [4:35] infant and toddler care and school age facility [4:39] doesn't need an additional approval or a conditional use permit from the [4:43] Goffstown Planning Board to allow for a summer camp program [4:47] as part of the approved child care center facility. [4:50] The applicant is appealing the decision under sections 1.2.2, [4:54] 1.3.7, 3.2.3 [4:58] and 15.4 of the Goffstown Zoning Ordinance. [5:01] The property, known as the Gage Farm Schoolhouse, is located at 215 Wallace [5:05] Road Map five, lot 73, owned by 215 Wallace Road LLC. [5:11] Zoned agricultural. [5:13] And if those applicants are here, you can come on up. [5:16] Please just let us know who you are and your address, please. [5:22] For someone who started out with. [5:25] I'm 205 Wallace Road. [5:28] I've lived there for almost 39 years. [5:33] The I. [5:37] The whole thing started by. [5:40] If I have the right [5:42] planning board, granted a conditional use permit in 2020 [5:46] to the previous owners before the Roberta's purchased it, [5:50] it was granted for group child daycare, [5:53] which is up to five school age children. [5:58] I'm not arguing anything, except [6:03] the school's gotten more intense and use. [6:05] They've got a lot more school age programs, [6:10] and they haven't been approved for only up to five school age kids. [6:15] I just feel that they should go to the planning board to have it revisited. [6:19] For the additional use of the property. [6:21] They can evaluate whether they want to approve it or not. [6:25] They can [6:27] look at the site plan and see if it's it's [6:30] adequate for what they're doing now because it's just more intense. [6:34] And and I know for me it affects me. [6:38] It's a lot louder. [6:40] I couldn't do I couldn't say anything if it was just just a daycare. [6:43] It's approved and I understand that. [6:45] But where they've opened the door to a lot older kids, [6:50] that that's why I'm here, because I used to like [6:53] just I could enjoy my yard. [6:56] And now it's like all summer long, there's kids outside screaming [6:59] all day long and I can't use my windows are shut. [7:04] My just it's it's different. [7:06] It's intense. It's more of a business. [7:07] And you know, the only thing I can really say is that [7:11] there's like a lot more older kids, which it wasn't approved for. [7:15] So I think you should just go [7:16] to the planning board again to have them revisit it. [7:19] Okay. All right. So you are [7:23] right. [7:24] This is not the way that I read this. [7:26] So that's very interesting. [7:28] But well I mean it. Has been approved. [7:31] It it is true for school age kids but. [7:34] Up to five school age kids. [7:35] So you know it can't argue that. [7:38] But more intense they they were the property [7:42] was granted a conditional use permit for a group child day care center. [7:47] There was no amount of kids that was limited to [7:50] I was naive, I've I've lived next to the school that was there before. [7:55] For what? [7:55] I don't know, 20 years. [7:56] And it was fine. [7:58] I, I saw the kids playing. [8:00] It was outside where they were playing. [8:02] It's completely different. [8:03] So I was naive to what it could turn into. [8:06] But the only thing I can, you know, address right now is the age of the kids. [8:11] So if they were to go back to five or less school age [8:15] kids, there's really nothing I could say. [8:17] But the way things are now, I think it should be revisited [8:21] to the planning board because a day it's a day camp right now at the summer summer [8:27] camps get school aged kids so it doesn't fall under group child daycare. [8:32] And that's a specific conditional use permit [8:36] that the planning board is authorized to approve. [8:41] Okay. [8:42] 22 so [8:45] I'm going to open up the public hearing. [8:48] I'm going to start with Joanne is representing the town. [8:51] Sure. Hi. [8:53] For those of you who don't know me and for the record, I'm Joanne. [8:57] Excuse me, I'm Joanne Duffy. [8:58] I'm the planning and economic development director for the town. [9:02] I've been involved with this [9:05] probably from when Beth started to. [9:09] 2025. [9:11] So I've kind of been in and out of it for just over a year. [9:17] So I've been sent here to represent the town on this issue. [9:21] So to start out with in 20, [9:25] I can't even talk 2020. [9:28] November of 2020, we had a request that came to the planning board. [9:33] There were four people involved, two owners [9:36] and two who wanted to open up a group childcare center. [9:39] And they came to the planning board and they asked for a waiver of site [9:44] plan approval. [9:45] Because we had the site plan from New Morning School. [9:48] It was a 1986 site plan, but it was still basically [9:53] very, very similar to what these people wanted to do. [9:56] The only changes that they made was there were some red line versions. [10:00] You'll notice [10:01] there were two copies in the packet that was left on the table tonight. [10:05] One was the original 1986 and the red line was from 2020. [10:11] They presented that to the Planning Board. [10:14] In the Planning Board, [10:17] they had [10:17] asked the Planning Board to waive an engineered site plan in place of [10:21] this site plan that they were presenting with the red lines on it. [10:25] The planning board approved that, and at the same time they were asking [10:29] for permission for a group child care center, [10:32] which in zoning ordinance requires [10:35] in the agricultural district anyway, it requires a conditional use permit. [10:39] And that was also granted. [10:42] They they started doing their homework and started looking into the building [10:47] more and found out that what they really wanted to do [10:50] was to expensive, and they never went forward with it. [10:54] They never applied to the state for their license or anything. [10:58] A few months later, we were then approached by another applicant [11:02] who was the current owner, and that was in 2021, and they were asking [11:08] for a preschool kindergarten, similar to a new morning school. [11:13] Who who were the original owners back started in the 70s, I believe. [11:18] Now kindergartens [11:19] are permitted use in our zoning ordinance, [11:22] so they didn't need a conditional use permit to do a kindergarten. [11:26] And that's, that's, you know, written in our ordinance itself. [11:30] So the [11:33] the things that they were looking at was the same red line [11:36] versions that were shown to us in 2020. [11:39] They had agreed that they wanted to do the same. [11:43] The original playground, when it was new morning school, [11:46] the original playground was towards the road. [11:48] There was a small like [11:51] I forget what those fences are called, but like a split rail fence. [11:54] And then the playground was right there. [11:56] And these kids that are out there are like three, 4 or 5 years old. [12:00] So they decided it was safer to [12:02] move the children in the back and have their play area back there. [12:06] So they made some slight changes like that, [12:09] but it was in accordance with the red lines version that was shown. [12:13] And so we heard we met with them at a technical review [12:18] committee meeting with staff, excuse me and staff. [12:24] We all [12:24] agreed that it wasn't a change compared to what the planning board [12:28] had previously approved just a few months earlier, [12:31] and that they didn't [12:32] need to go back to the planning board because it was typically the same thing. [12:36] The only thing they did not need was the conditional use permit, [12:39] so they were not sent back to the planning board at that point. [12:43] Can I interrupt. [12:44] They can I? [12:47] Can you. [12:48] Hold on? You'll be able. To. [12:50] Respond back. [12:51] Because I'll lose my train of thought. [12:54] So under the New Hampshire Health and Human Services, there are eight [12:58] categories of child care programs that they licensed through the state. [13:03] There's a family child care home. [13:05] There's a family group, child care home. [13:07] There's a group child care center. [13:10] There's an infant toddler program. [13:12] There's a preschool program. [13:13] There's a school age program. [13:15] There's a night care program. [13:17] And the last one is a residential care residential child care program. [13:23] The Gage School has four out of those eight, [13:28] they have a group childcare, the infant toddler program, [13:32] the preschool program, and the school age program. [13:36] Our ordinance does not break down [13:39] all of these uses, even though you'll find [13:43] I'm not sure about the night care or the residential child care. [13:47] Not familiar with those, but the rest of them. [13:50] We allow these uses in our town. [13:52] It might not say the same exact language in our ordinance, [13:55] but they're similar in in uses [13:59] like we don't have anything in there that says school age program. [14:03] Yet there are many childcare agencies in this town that have school [14:06] age programs, preschool programs, things like that. [14:10] So most of the time when someone comes in, it falls under one of the others. [14:16] But it's not. [14:18] It's the ordinance itself needs work. [14:20] It's not very specific. [14:23] So when [14:26] but what we do provide is when someone comes forward [14:30] and they have to go [14:32] after they meet with us, they go to the state for their license approval. [14:36] There is a zoning verification form that needs to be approved and signed off [14:40] by either the zoning person in town, or [14:44] in one particular one that we passed in your packet. [14:48] I believe you have copies of it. [14:49] There's two different ones. [14:51] One is from 2021 and the other one is from 2024. [14:55] One was signed by the town administrator. [14:57] I think he was filling in at the time because we didn't have a zoning person, [15:02] but there's a section on there that says any conditions. [15:07] And the way it was explained to us [15:10] through email from the state was that if you had an issue where you didn't [15:16] want to allow someone to do a specific thing like a camp or [15:22] a summer camp or after school care or something like that, [15:26] then you would write it in that section in the state, would not allow them to [15:32] receive that type of a license, [15:35] but when they are approved by the town to be [15:38] there as a child care facility [15:41] and you don't have any restrictions on there, then they can go and apply [15:45] for any of those licenses that I just read off to you. [15:48] And this is what they did. [15:50] And they applied for four of them. [15:53] So the number of students also comes into play on that form. [15:58] You typically you would have the first instance [16:02] when the zoning officer signed off, she had put to be determined [16:06] by the fire department because it's all based on square footage. [16:11] That was the first time that when they first opened, the second time, once [16:14] they were already established, the town administrator knew the number and put 65. [16:19] And that's the number that's still in effect today. So [16:24] so that's the type of things that go on that form. [16:27] And I'm not familiar with how the state works with this process. [16:31] I don't know if they ask for this zoning verification every so many years [16:36] when the license is about to be due. [16:39] I don't know how that works. [16:41] That's out of my ballpark, but but I have found only [16:45] two of them in the file, and that's all we have so far for that particular school. [16:51] I have photographs that we took. [16:55] I think they were actually taken online. [16:59] We didn't physically go out there and take them, but I can pass them around [17:03] and you'll see that there is a very large treed buffer [17:11] between the two parcels. [17:13] This is the school area over here. [17:17] And this is Mrs. [17:19] Home over here on this side. [17:21] But I'll just pass this around and you can take a look at them. [17:24] So there's it's quite a dense treed area [17:28] which should help with some some of the noise. [17:35] The next thing is in night in, [17:41] in. Let me just catch my. [17:44] Oh, and one thing I failed to say when the first people came in in 2020, [17:51] they called themselves a group child daycare center. [17:55] However, at the time that they asked for a waiver of the engineered plans [17:59] and the conditional use permit in their application, they also said that [18:03] they were going to be doing after school care. [18:08] And it would be open from 6:30 a.m. [18:10] to 6 p.m. [18:11] so if they had gone forward, they would have been doing the same thing. [18:15] We just never saw that happen because they never went forward. [18:22] The. Specific sections of the zoning ordinance [18:27] that the applicant mentioned is, [18:32] was listed on her application. [18:35] And the [18:38] the items seem to be very vague. [18:42] The first one has to do with relationship to other laws, ordinances, regulations. [18:47] Whenever one provision is stricter than the other, [18:50] you always go towards the more restrictive one. [18:54] The second one is to conserve conserve property values [18:57] by preventing harmful encroachment of incompatible uses. [19:02] Or, as I stated before, [19:03] kindergarten is a permitted use in the agricultural district. [19:07] The third one is use is permitted by conditional use permit. [19:11] And I know that she had mentioned in her text that she feels [19:16] that this needs a conditional use permit, but it's a kindergarten. [19:20] So again, I don't mean to be repetitive, but it doesn't require one. [19:25] And then the other one was that the planning board [19:28] shall have the authority to grant conditional use permit, which is correct. [19:32] But again they don't need a conditional use permit. [19:34] So I'm not really sure [19:37] what the actual appeal is all about. [19:43] The I did receive a phone call from someone who is in a butter, [19:48] not in a butter. [19:49] I'm sorry, who is a resident of on Ridgewood Avenue, [19:52] and they were complaining to me about traffic. [19:56] And as most of you probably travel [19:58] Wallace Road at some point in time, it is a busy road. [20:01] It's been a busy road for years and years. [20:04] It goes it goes from Goffstown to Bedford and then further on as you continue [20:10] through the Bedford area, it's I think the name changes, [20:14] but it still continues on to, I think, Merrimack. [20:17] It's a it's a road that lots of people use, [20:20] especially during rush hour in the morning, in the evening. [20:24] But it's the traffic is certainly not coming from the school itself. [20:29] When New Morning was there, there were a lot of problems with parking, [20:32] especially when they had little graduation ceremonies [20:35] and they had special events and things like that. [20:39] Come and meet the teacher type things. [20:41] And the cars used to park on Wallace Road, and it caused quite an issue. [20:46] And there wasn't as much traffic back [20:48] then, just they they've been closed now for years, [20:52] but the the current owners [20:54] have made provisions for parking for special event types. [20:59] They don't use it on a normal basis, but only when they have special events [21:02] and they park in the [21:03] in the back of the property so as not to disturb the neighbors. [21:07] And it's not to cause any confusion out on Wallace with all of the traffic. [21:11] So they've taken steps to try to alleviate any problems with traffic. [21:16] And traffic was not an appeal to you here. [21:18] So I don't think the zoning board should even really be discussing it. [21:23] The applicant [21:26] has said here and she just [21:29] she has it in her text, and she's also mentioned it before that, [21:33] that the project is not approved for more than five school age children. [21:38] But if you read through, I included a list in your packet [21:42] of the different types of daycare centers and the ones that I just read off to you. [21:47] There's definitions for each one, and in our ordinance it says group child [21:53] daycare cannot have more than five school age children, [21:56] which means five after school care or before school care. [22:00] Children, typically the school age children are up to age 12. [22:05] And that that's that's fine, [22:10] except that the license, the state overrides that [22:14] because the license itself allows for [22:18] as many as you want [22:21] up to your limitation of the 65 at any one time. [22:24] So you can't have, you know, [22:28] 100 kids there [22:30] and say, well, but those are only school age. [22:33] You can only have the maximum that's allowed. [22:35] And I don't know if you can. Mix the ages. [22:38] Again, I don't know all of the rules of the state, only the ones I looked into. [22:42] So I don't know if they can be mixed ages at the same time. [22:46] I'm not sure about that, but the. [22:49] But I do know that the state allows [22:52] as many school age children as possible as you need to [22:56] with the restrictions that you follow their rules. [22:59] As far as no more than what you're allowed at any one time, [23:03] which in their case is 65. [23:07] So so that doesn't apply here. [23:11] And the decision. [23:14] She also said the decision did not address [23:18] something about [23:18] needing a special exception, which it didn't need a special exception. [23:22] Maybe it was supposed to be conditional use permit, but again, [23:24] it doesn't need a conditional use permit either. [23:28] So during [23:30] 2025, staff had received complaints from Mrs. [23:36] Plourde regarding noise from the children, particularly the after school program, [23:40] because these kids were older, and she was of the opinion [23:45] that the after school program was not a permitted use, [23:50] and that they didn't include plans for an after school program [23:53] in their application. [23:55] Again, it [23:58] our zoning ordinance does not have any. [24:02] There's no mention whatsoever of after school care [24:05] except for those five children. [24:07] So that didn't really come into play when they went to apply [24:11] for their license at the state, [24:14] just as the first people from 2020 were planning to do the same thing. [24:20] So. Let me just catch my here. [24:24] She's. [24:28] So, so I think there's just confusion [24:30] on how the state handles it and how the town handles it. [24:34] And the state pretty much overrides [24:37] what the town does because the state has certain rules. [24:40] We and we write on their nose after school children [24:46] on the zoning verification form, which this school has been in operation [24:50] now for six years, and we have never done that. [24:54] And I can't imagine the town going in there now and telling them [24:58] that you have to change your business plan because your kids are too loud. [25:04] The kids are only up to 12 years of age. [25:06] It's not like there's teenagers there. [25:10] So in [25:12] on May 21st of 2026, the town did receive a letter. [25:17] I'm sorry. Let me back up a minute. [25:18] So to to address the issues with the summer camp because [25:23] because that was also an issue raised by Mrs. [25:26] Plourde. [25:27] The town administrator did send a letter back and explained [25:32] that he spoke with the department heads, and he looked into some other complaints. [25:38] There was a complaint about something to do with the tent, and some problems [25:43] with the fire department had a few issues and after everything [25:47] and Jack had to go out there a few times, everything was wrapped up in everyone. [25:52] All the departments were fine and everyone said, [25:56] and I have emails to this fact that everyone said yes, [25:59] they're in compliance, that everyone's good. [26:01] So that was in December of 2025. [26:06] The following May of 2026, the town received a letter [26:10] from Attorney Manning representing Miss Plourde [26:14] concerning alleged zoning code violations. And [26:19] they said that [26:20] issues that had been a concern. [26:23] No. I'm sorry. [26:24] Then Jack sent a letter saying that all of the issues that had been a concern [26:28] with the various department [26:29] heads had been addressed, and there were no other outstanding issues. [26:34] When we sent the letter back to the attorney, [26:38] she she got in touch with us and said that [26:41] she was no longer representing the applicant. [26:44] So we then sent a letter to Mrs. [26:47] Plourde. [26:49] The school is allowed to care. [26:51] Now, this isn't my me saying this. [26:54] This is the state. [26:55] I have emails from the state and this is what they say. [26:58] The school is allowed to care for any number of school age children [27:02] if they do not exceed their licensing capacity of 65. [27:06] These decisions are based on the life safety inspection provided by the fire [27:10] inspector and any restrictions provided on the zoning approval form. [27:15] And like I said before, which there are no restrictions, [27:19] child care licenses may have the school age license type. [27:24] In addition to the group child care program, [27:27] they are allowed to advertise and operate a summer camp under the school age [27:31] license type and are not required to have separate approval for this. [27:37] So it's [27:39] pretty much everything that I've covered and and looked at everything. [27:43] So on behalf of the town and my office, I am respectfully requesting [27:47] that the Zoning Board of Adjustment [27:49] find that this appeal has no merit and deny this request. [27:53] And I'll take any questions if you have any. [27:56] So let's start with the board first, and then I'll come back to you. [28:02] Okay. [28:02] This is the questions that we're going [28:04] to ask are specifically what Joanne just said. [28:08] So I want to make sure we're not addressing this. [28:11] Let's take care of this set of parentheses. [28:14] And then we'll we'll address bigger issue. [28:17] But one of the things that confuses me with this is this complaint [28:23] seems to me to be more [28:26] a matter of enforcement than zoning. [28:30] And how can you direct [28:34] against a summer camp program when what you're really talking about [28:40] is the licensing for the entire facility, and whether they have [28:48] the correct approvals to operate that kind of right. [28:52] I'm unsure how you can separate those two things out [28:55] summer camp versus their entire operation. [28:59] Okay. Can I help you with that? [29:00] So if their summer camp [29:02] is part of their program, it's considered part of their license. [29:07] That's what we have. [29:08] It's not a separate license. [29:12] Understood. [29:13] But that seems to me to be the substance of the complaint. [29:18] It was directed specifically against [29:22] the facility operating the summer camp program. [29:26] I mean, one of the things I would be interested in since Mrs. [29:30] Florida's a longtime neighbor of the property, is what [29:33] the child census was when the under its former name, [29:39] it was in full operation as a school in kindergarten. [29:44] How many kids you had on site at that point? [29:47] They had they were licensed for 50, [29:51] so it was 15. [29:54] Higher than what the definition of group, [29:58] family, group. [29:58] But but. Again. [30:01] Because they were they fell under a kindergarten as well. [30:04] Preschool. Kindergarten. [30:05] The group child care and 5.6.4. [30:08] That's the only one that's in the table. Yes. [30:11] Yeah. [30:11] So group childcare as defined by New Hampshire [30:14] RSA six seven for family and group childcare programs, [30:18] shall be allowed as an accessory use to a primary residential use. [30:23] It's for someone [30:24] who has a home who is taking care of children. [30:28] There's two different. [30:29] There's another. One. [30:30] That is a family group. [30:32] The other. [30:33] One is the other one. [30:34] That's the one reference, okay. [30:37] But also the the allowed use in the agricultural zone is kindergarten. [30:42] Elementary or secondary school is a permitted use. Yes. [30:46] And that was that was kind of what I was going to bring up. [30:49] I need to look at their license from. [30:52] I'm sorry. [30:54] Go ahead. Bruce. [30:54] Mr. chair, I'd like to comment on I think those owning board has the ability [31:00] to look at it broader. [31:04] There's been an appeal of administrative decision, [31:08] and we've been asked as a board to act upon [31:11] some elements that she's alleging that's not correct. [31:15] And she's appealing. [31:17] However. [31:18] RSA 674 colon 33 [31:22] two allows a zoning board to make it [31:25] as ought to be made, any decisions, any appeals. [31:30] So I think that opens up the board to say, okay, [31:33] let's look at it as a whole package and see if there's any errors in this. [31:39] I'm going to say application. [31:40] But really in this property [31:44] from a zoning standpoint. [31:46] So I go back to more of a timeline [31:50] issue or question I was owning ordinance in the table [31:55] says that it's a group child care or family group child care. [32:00] I believe it's permitted use. [32:02] Just group. Child care group. [32:04] So yeah. So okay. [32:06] So our definition for group [32:09] is that no more than five [32:11] believe our town definition group child daycare center [32:17] provided for preschool children up to five school age children. [32:21] Okay, so it does nothing with numbers. [32:25] It has an age criteria that to me was referenced. [32:30] I think it was morning. [32:31] Morning, day school, something way back going forward. [32:36] Right. [32:38] To me the town allowed [32:40] childcare up to five school age children. [32:46] However, somewhere we're being told [32:50] that in 2020 they went to the planning board. [32:54] So they had the site plan approval for the up to five school age [32:57] children in 86. [33:00] In 2020, they asked the planning board for group [33:05] childcare and I believe it was commented also after school care. [33:10] But that was a different person. [33:12] That was not in. The morning. [33:13] I'm going with you, but an application came in. [33:17] They went to the planning board to say, look, [33:19] obviously they were expanding from the greater than five [33:22] school aged children because they wanted to do an after school care [33:26] which has more school age children. [33:29] So I'm trying to find that path, and I believe that's factual. [33:34] I'm not sure on that application in 2020. [33:38] However, that application of A14 was correct. [33:42] The first. [33:42] The. Application went forward, but they never went forward with the business. [33:48] So typically site plans expire in two years. [33:53] I think if you don't exercise that approval. [33:56] Correct. [33:58] However, a new owner. [33:59] Came in, a new owner came. [34:01] Yes, exercised and approved site plan within two years. [34:06] So those approvals and the waivers [34:08] that came with that from 20 in 2021 [34:12] goes forward with all those approvals and the waivers. [34:17] So I believe in 2021, [34:20] they came into doing their group [34:23] childcare with school age children, [34:29] a number not received [34:30] 65, and there's no breakup or a ratio of 6565 came [34:34] from the fire department on the. [34:38] Documentation that I saw. [34:41] And subsequently we've had some. [34:45] In 2021 when they came in. [34:47] The newest owners, current owners go forward. [34:52] I believe, rightly determined [34:55] that there wasn't any change from the approval in 2020. [34:58] They were going to do [35:01] what is the group? [35:02] Infant, preschool and school age? [35:07] Even though we don't have [35:09] a defined use of that in our zoning ordinance. [35:14] Right. [35:15] We don't break it down as specific as the state does. [35:19] So they kind of approved it [35:23] even though it doesn't show up in the table [35:25] of uses at the planning board. [35:28] Probably the real thing to have done with [35:31] probably get a variance to do the after school or if there's another use group, [35:37] put the after school in with it, but we don't have that in that table. [35:41] Music seems so confused by a really simple issue. [35:48] What are they approved yet? [35:50] Are are they approved as a group child daycare center [35:55] with the conditional use permit, or [35:59] are they approved as a kindergarten? [36:04] I think it's going to be yes and yes. [36:05] They can carry all of those. [36:07] They can carry all of those. [36:10] So on the town. [36:11] So if they're approved as a kindergarten, [36:16] well, first of all, they have the conditional use permit. [36:18] No, they don't need. One for. [36:21] But we're saying that they're approved for two things. [36:23] The kindergarten and the group child daycare center. [36:29] They approve of both. [36:30] That's what the 2020 applicant was approved. [36:33] For 2020 was. [36:34] So the current owner, are they approved for both [36:39] the group child care center, daycare. [36:42] Center, have a license for that. Correct. [36:44] And they're also approved for the kindergarten program. [36:48] We approve them for that. [36:51] We staff approved them [36:53] to to have a kindergarten preschool. Okay. [36:56] And the state approved them. [36:58] And for the. [37:00] Group preschool, the the after school. [37:04] And so the applicant is asking for [37:10] the planning board to issue [37:12] a conditional use permit [37:16] because, well, whatever. [37:18] But there is one for one of the approvals. [37:21] And they're also approved as a kindergarten program. [37:24] And the state then has a licensing for that [37:27] that allows them to do camps and after school. [37:31] And so. [37:34] I can't. [37:35] I. Have so some. [37:36] Different license in your packet as well. [37:39] Yeah. [37:40] The local approvals, local approvals [37:43] happened to allow the after school kindergarten was always grandfathered, [37:48] whatever that was the use that was on an 86 man. [37:51] The change in 20 to 21. [37:53] Both of those asked to do after school, [37:58] the over five years old agreed. [38:01] Right. Yeah. [38:01] So then going forward, the staff at those times said, well, [38:05] they don't need a conditional use permit or there was a waiver to that. [38:08] I'm not sure the planning board had an approval. [38:10] Well, they gave an approval above and beyond kindergarten. [38:13] They also allowed the after school going forward. [38:19] And again, [38:20] the local approval criteria bucket, so to speak. [38:24] Don't go inside with state laws. Right. [38:26] We know that. [38:28] That's why it's hard for the staff to say okay, this one, this one. [38:32] Is there any more questions specifically on what Joanne brought up [38:35] and I know you're at. [38:36] So I might be able to help because I asked. [38:39] So my cry studio we are licensed. [38:44] So we are a licensed child care center. [38:46] We have a school age program that allows us to have up [38:50] to X number of students that is defined by. [38:57] So the the town or cities [39:01] fire department will determine capacity. [39:04] The DHHS will take that [39:10] and generally issue them a license for the max capacity, [39:14] assuming they have the proper teachers and that kind of thing. [39:17] And then from there they can have whatever mixture [39:21] because their license is is not separated by that. [39:25] So they can have a they could have one preschooler [39:28] and 64 after school kids. [39:32] They're licensed as long as they're not over 12. [39:37] That help okay. [39:39] All right. [39:40] Now any board left with the town. [39:44] All right. So I'll let you go ahead and. [39:47] Well, I was trying to keep it simple, but I got very confused, so I'm sure you are. [39:52] I have the minutes from the 2020 meeting [39:54] and they had no intentions of changing anything exterior of them. [39:58] So I think I was reading they they said, [40:03] I highlighted. [40:06] They only use main building at this time. [40:08] They would use the first floor, lower floor and second floor. [40:10] It's for children who are ages six weeks to pre-K. [40:14] That's what the 2020 conditional use permit was for. [40:17] They didn't ask for after school. [40:18] They were asking for a full day daycare. [40:20] They wanted a full day daycare, you know, up to kindergarten. [40:26] The conditional use permit stays with the property. [40:30] So it's not like Roberta's had to go for more. [40:35] I wrote the ordinance [40:37] 1.2.2 relationship to other laws, ordinances, regulations. [40:41] Whenever the provisions of the ordinance conflict [40:43] with any other ordinance, statute, or rule, the more restrictive or higher [40:46] standard shall apply, blah blah blah. [40:51] The state lists preschool and kindergarten, whatever. [40:54] They list kindergarten with preschool. [40:56] They list kindergarten with schools when kindergartens are in schools, [41:00] and that kindergartens are considered preschool when they're with preschools. [41:04] In our ordinance, we list kindergarten twice. [41:07] So under group childcare, [41:11] the agency in which the child daycare [41:13] is provided for preschool children up to five school age children. [41:17] This is our ordinance that we're supposed to go by, not by the state. [41:21] Our ordinance. [41:22] The state can override the local ordinance. [41:25] Okay. This is state law. [41:26] So they are licensed for school age kids. [41:30] This is also state law. [41:32] What a group child daycare is, [41:35] is up to five school age children. [41:38] Whether the service is known as nursery, [41:41] nursery school, kindergarten, cooperative, child development center, [41:45] daycare center, center for the developmentally disabled, [41:48] progressive school, Montessori school, or by any other name. [41:51] RSA 172 for. [41:58] It's also state law. [41:59] So that is state. [42:01] So they were licensed by the state to do school age children. [42:06] But it's group child daycare center up to five. [42:10] That's also licensed for school age program which is up to 12. [42:15] Okay. [42:15] So in our ordinance [42:19] that's a group child daycare center. [42:22] That's up. [42:23] So in our ordinance, [42:26] up to five school age children for group child daycare, they want to have [42:30] a summer camp with school age kids not talking kindergarten. [42:37] You said even if kindergarten is allowed in agricultural talking [42:40] older kids, then they need a conditional use permit. [42:43] It's in the ordinance, so I'm just asking for that. [42:47] Muddying all this up. [42:49] There's a lot of extra that we went through that I wasn't arguing, [42:53] I'm just asking for this to be seen by the planning board [42:58] and to go over it because the site plan didn't. [43:02] Go. Over everything. [43:04] They've had an addition, [43:07] they've put an outdoor [43:10] classroom, and that's not part of the site plan. [43:13] I guess they had a fire ring that the fire department made them remove. [43:17] So was that ever permitted when they put it in? [43:20] The letter from Derek Horne listed a lot of things that changed, [43:23] and he said he never saw a permit for the outdoor school classroom. [43:30] And, you know, there were a lot of changes that should have been on site plan [43:34] because conditional use. [43:38] So yes. [43:41] Ma'am. Has two follow ups to that. [43:44] I still wasn't done. But. [43:45] You. Can. Interrupt me. It's okay. [43:46] No no, no. Go ahead. You can follow. Up on that. [43:49] I'm not sure. [43:50] Okay. The tree line. [43:51] I don't know if that's in the site plan. [43:53] It's not in the site plan. [43:54] Those those can be cut. [43:55] And I can tell you those trees are dying. [43:58] There's like, they're dying. [43:59] Those trees just kind of grow up. There's never anything up there. [44:02] I got a picture from, like 1970. [44:04] You can see my house right to the barn. [44:07] You know, they're just dying because the water, the water's changed [44:10] over there, so, you know, it's not as thick. [44:13] It used to be really thick. [44:14] I used to [44:14] walk my kids to school through there, and it was like going through the woods. [44:17] Now it's like you can kind of see through in the winter. You can see right through. [44:22] I think [44:22] those are kind of the notes I was writing with. [44:26] So yeah. [44:30] So day camp is conditional use permit. [44:37] Okay. [44:38] Do any wanted to respond? Yes. [44:42] Just two things [44:44] in the letter that we received from [44:48] the Jason Witty was his name back in 2020. [44:54] He specifically says in here specifically, the child care [44:58] Center offers not only educational preschool programs, [45:01] but also offers childcare for hours outside of the normal school hours. [45:06] The child care center will have a typical opening [45:09] of hours 630 and 6 p.m., which I had mentioned before, [45:14] so they were planning to do it before and after [45:18] child care, daycare, whatever. [45:21] They didn't say the age is in when he. [45:23] Spoke. [45:24] The minutes of the. [45:25] Planning interrupting me, please. [45:27] I'm not finished. I'm sorry. [45:31] And the [45:31] second thing I just wanted to mention was the issues that she's bringing up now [45:36] about the children being the older children, [45:42] I don't believe we're in her written appeal. [45:46] I could be wrong, but I don't believe those items about the [45:50] the after school kids being there that they weren't allowed. [45:55] However, that should have been brought up 30 days after the town [46:01] decided that this could go in, not six years later. [46:04] You can't come back to a business six years later and say, [46:08] you can't do that, even though the town told you that it was okay. [46:12] So she. [46:15] Initially she was she was. [46:17] Jack had written his letter about the noise and and the not the noise. [46:23] It wasn't even about the noise at that time. [46:24] The noise was a verbal. [46:26] Jack had written his letter and said, all of the things that you [46:29] that you didn't care for were taken care of. [46:33] And Jack's letter is also in your packet. [46:38] I'll find it in a second. [46:52] Do we have a copy of that letter? [46:55] I don't remember seeing it stated. [46:57] May 21st, 2026. [47:02] So. One. [47:05] Signed by Derek. [47:07] Know this is a different one. [47:08] This is the one she's appealing. [47:10] Says this office reviewed your letter of April 29th regarding [47:15] zoning code violation, where you state that you represent Beth Ford. [47:19] Now, again, this was sent to the attorney and then the attorney said, [47:22] please send it directly to her. [47:26] The business in question has four child care [47:28] license, and we could name them all [47:32] the cumulative number of children on site [47:35] at any one time cannot exceed 65. [47:38] Section five six. [47:40] One of the town Zoning ordinance states compliance with regulations. [47:44] All child care facilities must comply with [47:47] all applicable state and federal regulations. [47:50] Therefore, morning and afternoon school child care [47:55] is permitted as part of their state licensing. [47:58] Summer camp is a typical activity conducted during the summer months [48:01] at most child care centers, and is permitted under [48:04] the school aged care license. [48:06] Derek Horned, Hound administrator, did reach out to the property owner [48:10] in November of 20 2525, informing him of potential violations. [48:15] My research shows that the 2024 building permit [48:20] 24 115 conference room has been closed out. [48:24] The work was inspected and approved on November 7th, 2025. [48:28] The outdoor shelter building with campfire ring and sitting area was inspected [48:32] by the fire inspector, Captain Tim LaVoy. [48:35] Captain Lavoie noted they have resolved the issues noted during the inspection. [48:40] The campfire ring has been removed. [48:42] They have also obtained a tent permit for 2026. [48:45] All issues have been addressed and are now resolved. [48:48] This is the letter that this is appealing and there's nothing in here [48:54] about school age children or camps or anything like that. [48:57] So those issues should have been appealed in 30 days [49:03] after the place received approval from the town. [49:08] This is the only thing she can appeal is Jack's determination. [49:12] It's his appeal of the zoning code officers determination. [49:16] At this point. [49:19] Can I speak again? [49:20] Still my turn. [49:22] Board to have any questions for a follow up first. [49:26] Just as I think [49:27] I said before having trouble, [49:30] we seem to not be able to focus on one issue. [49:35] We go back and forth in the ages of the children on the site [49:42] versus the conditions on site that are possible. [49:46] Zoning violates. [49:48] And, you know, it's just very difficult [49:52] to figure out what is supposed to be the central [49:56] here. [49:56] And I you know, I do tend to agree with Joanne's point. [50:03] If the original conditions that are talked about here [50:07] were going to be appeal, they needed to be appealed [50:11] within a reasonable time frame after the original approval, [50:16] not six years later. [50:21] I agree, I gotta say. [50:22] I do agree. On that. [50:25] Yes, she's appealing this letter July 8th, 2026 [50:30] and I think she's questioning [50:33] or challenging number for school aged care, [50:37] which I also again was saying, well, [50:41] the town says school aged care did get approval [50:47] in addition to kindergarten. [50:48] Kindergarten spend for years. [50:50] We know that that's a fact. [50:52] It's the school aged care. [50:55] That to me has been new and I'm trying to find that timeline. [50:59] I believe it happened that school aged care [51:04] was in the 2020 application, and as well as the 20 [51:08] or the approval of 2020, and then the 2021 resubmit [51:14] because there was a new owner also included in addition [51:18] to kindergarten, school aged care, I believe that's the record. [51:23] So she's saying no school age care is not. [51:28] And again, back in the 86 approvals, it wasn't [51:32] I think that the planning board, [51:36] through the site plan process approved school aged children. [51:41] That's my reason why we're here. [51:44] She's appealing that and we're saying, well, let's look at the history. [51:47] So that's what we're digging. We're cranking out the sausage. [51:50] So I'll let you answer. [51:53] Again I have. [51:55] Hold on as long as it's new information. [51:57] Okay. [51:58] Well, I have the minutes of the 2020 meeting [52:02] and they wanted to have a full day, but they did not want school age kids [52:06] they've listed. I already told you, the age of the kids. [52:09] And the letter from Jack [52:12] and Joanne wrote with him, because Derek told me [52:16] that it is just on the school age kids. [52:22] It's not a. 2020. [52:24] It's not when they first started in business. [52:26] Like I just, you know, they were a business [52:29] that were doing preschool and kindergarten. [52:31] They were picking kids up from kindergarten, [52:32] bringing kids back from kindergarten. [52:34] And I just eventually got really loud. [52:36] And I didn't say anything right away because I knew [52:38] Sarah was going through a lot of issues medically, and I just felt [52:42] it wasn't the right time to bring it up to the family. [52:45] And I finally spoke to Mr. [52:48] Robert and Mr. [52:51] Michael outside when August 2024. [52:53] And I told him that, you know, at first it wasn't bad. [52:56] It got really loud. [52:57] I couldn't even read a book outside anymore. [52:59] Mr. Michael said to me, I apologize. [53:02] You should be able to enjoy your yard. Mr. [53:04] Robert said, well, kids playing outside scream and make a lot of noise. [53:08] January 2025 found out Sarah was back to work some. [53:12] So I called her and I told her my issues [53:15] and about the age requirements that I understood. [53:19] They were approved. For. [53:20] Group child daycare and the planning board approved them for group child care. [53:26] They didn't approve more. [53:29] She said, well, I need my numbers. [53:31] I'll talk to my staff. [53:32] Then I called Joanne and I don't know if you remember. [53:35] You told me that your daughter had moved back home. [53:38] This has really nothing to do with it. [53:39] But the dog moved back home. [53:41] She works for Mont Mote and she she couldn't handle three kids screaming. [53:45] Stop talking over me, okay? [53:47] All right. I'm sorry. [53:49] So information into this, it has. No. [53:51] She said that I could couldn't handle the screaming kids. [53:56] She wrote me a letter back that, you know, [53:58] kindergarten was was [54:01] approved for, [54:04] permitted for the agricultural zone. [54:07] But I was talking about the school age kids talking up to five school age kids. [54:14] Then I spoke with Derek, who was the acting code enforcement [54:18] agent at the time, and he officer and it was hard to get a hold of him. [54:23] I talked to him in January and he wrote a letter to the road in school [54:28] in November 2025 with all the changes they made, and I didn't hear back from him. [54:33] I finally got a hold of him in March and he said everything was in compliance. [54:37] And I said, well, can you send me a letter for clients? [54:39] And he didn't. [54:40] So I spoke with a lawyer and I just wanted to know, am I right about all this? [54:44] And like the ordinance and everything? [54:46] And and she looked into it and she said the, the state [54:52] didn't override, you know, our ordinance. [54:56] But whether they did or not, I still think that they need [55:00] to have a conditional use permit for the camp if they're going to have [55:04] a bunch of school aged kids. And that's really all I have to say. [55:07] And all the other extra stuff, it doesn't really matter. [55:11] But I just don't think that that [55:15] I think the planning board really should look at it. And [55:19] that's all right. [55:20] Thank you. [55:22] Is there anyone else from the public that wishes to speak for this from [55:28] the public? [55:28] If there's anybody who'd like to speak on this issue. [55:33] Ma'am. [55:33] Come on up. [55:36] Okay. [55:37] So I'm just going to ask you to state your name and address, please. [55:40] Kathleen Bozeman 202 Wallace. [55:45] We live at 202. [55:48] Owen. 212 and 216. [55:51] So our property runs across the street from the school. [55:57] My grandkids have gone to the school. [55:59] I've got a great niece there. [56:03] I'm not arguing that [56:06] we don't hear it, but when there's a football game [56:09] or a little league game, come on up to my house. [56:12] I hear you can hear every word, [56:17] but you know what I mean. [56:18] It's a town. It's. [56:20] What are we going to do? [56:21] Move the ball field. Be quieter. [56:24] I don't, it's an inconvenience. [56:27] I hear you, [56:30] all these laws and stuff. [56:31] I don't have a clue. [56:32] But the school has been a good neighbor. [56:38] They. [56:40] When it was the previous owner, we would let them park in our driveway [56:44] for graduations to try to keep them off the road. [56:48] Something's going to go there and could be maybe a swine farm or something. [56:54] I don't know, could always get worse. [56:57] I hear you, but I think it's a nice business to have in town. [57:03] It's servicing a lot of the community, and a mile down [57:08] the road is another huge school. [57:12] That's it. [57:13] Thank you very much. [57:14] You're very welcome. [57:16] The next person who wanted to speak, please. [57:26] Hi, everyone. [57:27] My name is Mary Jenkins and I live at 245 Wallace Road. [57:31] The property abuts the Gage Farm Schoolhouse property down. [57:36] Oh, the microphone, please. [57:39] All right. [57:39] I'll just say that again for anyone who didn't hear out there. [57:43] Mary Fike Jenkins, 245 Wallace Road property [57:46] abuts the Gage Farm Schoolhouse property along Dan Middlebrook [57:50] and along the the woods between our properties. [57:55] I am not the property owner. [57:57] My mom is, and she has some mobility issues right now and can't be here, [58:01] but asked me to just say a couple of things on her behalf. [58:06] I'll start though, by saying that I grew up there. [58:09] I had the pleasure of living next door to the gages [58:13] and then the Gilmore's and then the Shapiro's, and [58:16] am generally glad that there is a school there [58:19] that makes good use of the property. [58:23] My mom's comments. [58:25] Her name is Gail Fike again, 245 Wallace Road. [58:30] Just have to do with, [58:33] you know, [58:34] the importance of following protocol [58:37] and requirements around [58:41] around the proceedings and appeal process and so on. [58:45] So just wanted to just say, [58:48] you know, just please follow whatever the rules are, [58:52] whatever the regulations are. [58:55] Her main concern is about habitat and environment. [58:59] She'll say, yes, it's our property, you know, Gage farm, [59:03] schoolhouse and the fake residence at 245 Wallace Road. [59:07] That's property, but it's not our land. [59:09] And she has grave concerns about wildlife habitat [59:14] in the area. And, [59:17] you know, I'm not saying for a minute that that child care [59:21] and the school age programing and so on is incompatible [59:25] with the approvals or with the agricultural use. [59:29] Clearly the statutes and the regs allow for that. [59:34] We just do see some inherent differences [59:37] in the use of the property [59:40] and the activity down along the brook, which is also habitat for deer [59:45] and other wildlife in the area, which is maybe neither here nor there. [59:51] It's just that the more the property is used in an expansive way [59:55] during the summer months, that that is quite a bit different. [1:00:00] But again, you know, we're glad that there's a school there. [1:00:03] Again, thanks. Thank you. [1:00:07] Is there anyone else? [1:00:08] Sorry. Sue. [1:00:16] Good evening. [1:00:17] I'm Tim Searles. [1:00:19] I live at 311 Terrell Hill Road here in Goffstown. [1:00:22] I'm a member of the planning board, [1:00:23] but I'm not here on behalf of the Planning Board. [1:00:28] A couple of things. [1:00:30] Few things. [1:00:30] First, correct me if I'm wrong, but state law overrides local law. [1:00:35] Local jurisdiction. Right. [1:00:37] So if they have a state license for 65 kids. [1:00:43] And in the minutes that Mrs. [1:00:47] Gage was referring to, [1:00:50] they applied for a kindergarten daycare center. [1:00:54] So if their license for 65 kids have those licenses, [1:00:57] I think it should be able to stand that they should be able to. [1:01:00] And in that same in those same minutes, [1:01:04] they stated the hours of operation 632, 6 [1:01:07] or 7, whatever it was, the estate of the the hours of operation. [1:01:13] So between that. [1:01:17] Between that, that [1:01:19] and as far as the wildlife, it's no more destructive than a farm [1:01:23] being there before where they had horses probably, or whatever, or cattle [1:01:29] trotting through the brook, probably, and probably [1:01:32] doing the same amount of regional impact as a two ton or as a one [1:01:36] ton animal would going up only it's just divided [1:01:40] into 65 kids. [1:01:44] Other than that, [1:01:47] this whole thing, this whole appeal process is kind of frustrating. [1:01:51] But like, [1:01:53] I don't see in my limited capacity, [1:01:58] in my limited understanding of what's going on, I don't see why we're here. [1:02:03] But she has every right to appeal. [1:02:05] I think the appeal should be denied. [1:02:07] Thank you. [1:02:11] Anyone else from the public? [1:02:14] With that, I will close the public hearing and [1:02:18] the board. [1:02:19] I think someone wanted to. [1:02:21] Oh, sorry. [1:02:21] Was there someone else? [1:02:22] Oh. I'm sorry. I will reopen the public hearing. [1:02:25] Sorry. [1:02:25] We'll scratch that out. [1:02:28] Hi, everyone. [1:02:30] Good evening. [1:02:32] All right. [1:02:32] When you. [1:02:32] When you work in a classroom, I'm looking for high. [1:02:37] Up. Hi, I'm Sarah Stone. [1:02:40] I'm a part owner and director of Cage Farm Schoolhouse. [1:02:45] I'm also the daughter of the owners, David. [1:02:47] Nancy. Roberta. [1:02:49] I'm Michael O'Keefe, [1:02:50] and I'm the assistant director and outdoor learning specialist. [1:02:54] I the reason why we're even here [1:02:57] about Cage Farm is that I was a student of New Orleans School back in the mid 80s. [1:03:02] I have a master's in early childhood. [1:03:04] I have two young boys that I just went through childcare, [1:03:08] trying to find the perfect spot for my kid, my kids. [1:03:11] Excuse me? [1:03:13] My parents gave me the opportunity to buy the property. [1:03:15] As former alumni, parents of New Morning School. [1:03:20] We just loved the property. [1:03:21] Loved the experience that provided. [1:03:24] And we're from Bedford and it's just nothing like that property. [1:03:28] I wouldn't be here starting a business if it wasn't for that property. [1:03:33] I have been a huge part of becoming part of the community [1:03:39] with different events around town. [1:03:42] There is a severe need [1:03:46] for childcare, good childcare. [1:03:49] As a former first grade [1:03:50] teacher and kindergarten teacher in the public school system. [1:03:53] Kids are coming to me. [1:03:55] Families were coming to me [1:03:56] feeling like they were prepared and ready for first grade. [1:04:00] If you have any kids that have been first grade or higher, [1:04:04] the expectations of first grade [1:04:06] is so different than when I grew up. [1:04:10] These parents would invest in really good programs, [1:04:12] and they would come to my first grade public school [1:04:15] in Manchester, New Hampshire. [1:04:17] Not a you no public school. [1:04:19] That's average in our state. [1:04:22] And they would be blown away by the expectations. [1:04:25] I wanted to provide a space [1:04:28] that had full curriculum, full [1:04:32] classrooms of space that parents felt like their money was going to good use. [1:04:37] It wasn't just childcare. It was a school. [1:04:40] It was a place where parents felt like they were part of the community. [1:04:44] They felt connected. [1:04:46] Their kids were learning. [1:04:47] But I also having two boys knew that the only place [1:04:50] I would want to start a school and leave my pension is 215 Walls Road. [1:04:56] It provides a space that has an outdoor space for kids. [1:05:00] As a working mom, myself and my husband being a police officer [1:05:03] at Manchester, we have an Army reserves. [1:05:06] We have very limited time to do all the things [1:05:08] we want to do with our kids, like go on a walk, [1:05:12] be in nature, go sledding in the winter, we get home from work, it's time for bed. [1:05:17] It's time for nighttime. [1:05:19] Hopefully we get dinner and we're off to bed. [1:05:22] So that was my vision when I started Gage Barton. [1:05:25] I brought Mr. Michael. [1:05:27] Michael O'Keefe along as my assistant director. [1:05:31] He is our outdoor specialist. [1:05:34] He spends time with kids, so I want to make sure [1:05:37] he speaks on behalf of farm. [1:05:41] I will pass this around if that's okay. [1:05:44] It does have our state license that we're okay for 65. [1:05:48] We have been approved for actually more kids than 65 [1:05:52] since the state changed their ratio. [1:05:56] Sorry, not the ratio. [1:05:57] Excuse me. [1:05:58] There's square footage from 40 square foot [1:06:01] space for per child to 35. [1:06:04] So we have been approved for more. [1:06:06] I have not come to you asking for more kids. [1:06:09] I could, but I haven't. [1:06:12] I am happy with 65. [1:06:15] I think it's a good number. [1:06:16] It's like where we're at right now. [1:06:19] I'm not saying [1:06:19] I'm not going to do it in the future, but I just want you to know that it's [1:06:22] actually under what the state is allowing us to have. [1:06:26] Just real quick. Yeah, please. [1:06:28] The license that you were talking about it currently does state 65 [1:06:32] is a correct yes. Yeah. [1:06:34] The one could change. Correct. [1:06:35] And I do have an email from the state saying that they recommend us [1:06:40] actually upping our numbers, but I have not done so. [1:06:43] Our state license, the reason why you had two times [1:06:47] is because we get a new license every three years. [1:06:50] And we started in 2021 to the 2022 school year. [1:06:53] So we are now it's expiring in 2027. [1:06:57] Just so you all know that. [1:06:58] And our summer camp is under our state license. [1:07:01] So it's really just the same program moving forward. [1:07:04] So we still have four year olds in a class. [1:07:08] We still have kindergartners in a class. [1:07:11] And then we have older students who also need care during the summertime. [1:07:15] And it's it's not a really a different programs, the same program, same license. [1:07:23] The state actually [1:07:23] recommended us to do a camp license to actually hold two licenses. [1:07:28] We have chosen not to do that. [1:07:29] So our program, just like Michael said, is the same exact license. [1:07:34] We just call it summer camp. [1:07:37] It is from age two and a half [1:07:39] to 12 years old, but we are allowed infants if we wanted to. [1:07:44] But we hold our our license from [1:07:47] two and a half years old to 12. [1:07:50] With that said, it is like you said, it's the same license, same childcare. [1:07:56] Parents need full time care. They need summer. [1:07:58] It's they need full time care. [1:08:00] And there's a huge need. [1:08:02] We are summer camp, I'm proud to say. [1:08:05] But I was also very surprised. [1:08:07] Just says something about what we have in our town, [1:08:12] in our [1:08:12] local surrounding communities, is that our our summer camp [1:08:18] filled up within an hour of putting it out there [1:08:23] totally full. [1:08:25] Parents are begging to get their kids in it. [1:08:29] Is that. [1:08:30] Yeah, it's a need. It's a huge need. [1:08:33] Parents are asking us to be open for holiday breaks. [1:08:38] They need care. People need work. [1:08:40] But we also are. [1:08:42] I feel we've been extremely respectful of our neighbors [1:08:47] in the book at the beginning. [1:08:50] It shows kind of the schedule of the summer camp and how it's how we schedule. [1:08:55] Yeah, we spread out. [1:08:57] We're not all in the same spot for a large period of time. [1:09:02] Our aftercare goes from 230 at the earliest, is when we get back with [1:09:07] our first van with kids [1:09:10] from New Boston, and then it goes until 530, [1:09:13] and then that's our school age aftercare during the school year. [1:09:18] Yeah, it just shows you that we break it up within groups of age groups. [1:09:24] So there are 30 kids plus [1:09:27] depending on the day that are there's definitely 15 in each group. [1:09:31] So we have four groups. [1:09:31] So it was 15. [1:09:32] In our kids that are entering pre-K and kindergarten, there's 15 [1:09:38] maybe up to 18 that are entering into first grade. [1:09:43] And then but they were kindergartners are entering first grade, [1:09:47] and then we have two older groups that are about 15 each that are [1:09:52] entering second grade up to fifth grade. [1:09:55] I was sorry, accuse me sixth grade. [1:09:58] That 12 year. Old. [1:09:59] Mark, that 12 year old Mark. Exactly. [1:10:02] So we we spent people ask him, [1:10:04] how do you have a camp for four year olds up to 12 year olds? [1:10:08] And it's like, well, we've split them up by their their age. [1:10:11] What's appropriate. [1:10:12] So our our younger group, which is more than half of our camp, [1:10:17] is as you'll see in our schedule, they're indoors quite a bit. [1:10:21] And it's not that [1:10:22] we don't want them to be outdoors, it's because they need to have snack in an area [1:10:26] that is clean, and they are able to be in a spot where they can actually sit. [1:10:30] Because the picnic tables [1:10:31] aren't great for our little guys, they need to have rest time. [1:10:35] It is mandated by our state license that they have rest time for an hour [1:10:40] if they're entering kindergarten or younger, and so we have them inside [1:10:44] having rest. [1:10:45] We call it mean time because they don't like nap time. [1:10:47] But we do have that time with our kiddos that are. Yes. [1:10:52] And then we also have, like Michael said, we do stations. [1:10:56] So there's a group that's down by the brook. [1:10:59] So again 15 kids, it's not 65 running through the brook [1:11:02] like crazy and ruining our property and our environment. [1:11:06] We have 15 kids that are up by the tent that are doing crafts, making necklaces, [1:11:11] making bracelets. They're not screaming. [1:11:13] I mean, kids are going to be loud. [1:11:15] I'm not saying they aren't, but we don't have kids [1:11:18] that are just scratching like, I don't like screaming. [1:11:21] I'll tell you, I love kids, I love play, I love when they're laughing. [1:11:25] I love when they're, you know, running after somebody and making lots of noise. [1:11:30] Yes, but we don't have kids that just scream. [1:11:32] We don't have infants, we don't have toddlers. [1:11:35] We don't even have three year olds in our summer camp because it's [1:11:38] a different environment than our regular school days. [1:11:42] So I just, you know, at the most there's when she's [1:11:46] talking about the outdoor classroom, we were approved for that. [1:11:49] We do have kitchens, but it's part of our property. [1:11:52] We have breeze garden beds, but they're all spread out doing different things. [1:11:56] And we do that for a reason for safety, [1:11:59] for the enjoyment of kids not being cluttered in one spot. [1:12:02] They're able to enjoy all that we have to offer at Gage, [1:12:06] but part of that's indoors and we don't go outside. [1:12:10] Our morning care is from 7 to 8:00. [1:12:12] We do not go outside until 8:00 due to staffing. [1:12:16] I only have a certain amount that I do for morning care [1:12:19] because I can't get the staffing for that early, and we do [1:12:23] start at 7 a.m., not 6 a.m., which was approved, but we started seven. [1:12:29] Hour aftercare. [1:12:30] We give a discount until 430, so most of the kids are gone by 430. [1:12:34] We have truly like eight kids until 530. [1:12:39] We are out. [1:12:40] We are inside the entire campus, inside when it's too hot, [1:12:43] which we've had a lot of hot days. [1:12:45] We do have AC in our building and if it rains they're fully indoors, [1:12:50] so it's not a total outdoor program where we're outside all day [1:12:53] long with 65 kids just running around and screaming. [1:12:57] It's very organized. [1:12:58] It is structured. [1:12:59] Any parent that is part of our gauge for [1:13:01] our family will tell you it's not just childcare, it is a school. [1:13:05] It's a program. [1:13:07] We are trying to bring that love of nature into these young kids [1:13:11] that deserve it so much, but also giving them more of that curriculum [1:13:15] and just a true balance is what we do at Gage Firm. [1:13:19] Do you want to speak for the environment, please, because you're. [1:13:22] Outdoor specialist sure. [1:13:24] To put you on. The spot. [1:13:25] So we we do try to mitigate [1:13:29] erosion on in some of our areas. [1:13:32] We try to build water stops in when our stream is rushing, [1:13:36] so we can keep our frogs and our fish [1:13:39] and our other aquatic critters alive. [1:13:43] We we [1:13:44] find salamanders and we don't pick them up. [1:13:48] We just watch them. [1:13:50] We try not to expose the critters that we see to all of our human stuff. [1:13:54] We try to leave no trace and and watch. [1:13:59] So it's really not just like a place where we're just running wild in the woods, [1:14:03] like we really teach the kids all those things and how important [1:14:07] it is to take care of, you know, the animals and plants and everything. [1:14:11] So and I also wanted to just speak on the traffic. [1:14:15] I know we're not here for the traffic, but I was told by Adam, who's [1:14:20] the owner of Green Thumb, that it was okay to share this, [1:14:23] but he said that, you know, he's got a business right across the street. [1:14:28] He's like, I have loud equipment. [1:14:29] I'm a landscaper. [1:14:31] He's like, you guys, I've never had any issues [1:14:34] with getting my equipment in and out of Wallace Road. [1:14:38] You have never had people, even two cars [1:14:41] waiting to pull in to your drop off. [1:14:44] We have a window of time that we offer for free for parents [1:14:47] to drop off from 8:00 to 830, so they're not all there all at once. [1:14:52] We stagger it out for the reason of the town, for the reason of our neighbors, [1:14:57] for the reason of everyone just to make sure. [1:14:59] And I'm not really sure I want to speak upon [1:15:02] what she said, saying that I need to check my numbers. [1:15:05] I never said that, but what I said was, I'm so sorry you feel that way. [1:15:09] We have like, I truly still care [1:15:13] so much for that and the the history. [1:15:16] We even named our business after the history of the property and the family. [1:15:23] We were going to do Red red barn schoolhouse, [1:15:26] but we decided to cage Farm Schoolhouse to keep the history going. [1:15:31] We have a great connection. [1:15:33] I was kind of surprised that it has come to this, to be honest, [1:15:36] because I feel like we communicate really well. [1:15:38] We've always been friendly neighbors, but [1:15:41] what I did say to her is that I'm so sorry you feel this way. [1:15:45] I cannot change my business model or my business plan. [1:15:50] Neither kept my parents because we've been approved for it. [1:15:53] And this is we don't live there. [1:15:55] This is we've put a lot of money. [1:15:58] We went through an SBA loan [1:16:00] because I was school teacher and my parents are in retirement. [1:16:04] We went through SB alone and we spent a lot of money [1:16:07] getting the best of like making sure the property [1:16:10] looked beautiful for the town, making sure that we have like [1:16:14] we've we've added so much to that property. [1:16:18] So anyways, I just I want you to know, I didn't say the numbers. [1:16:22] I did say I can't change my business plan due to [1:16:26] you feeling it's too loud and I'm sorry you feel that way. [1:16:29] And I was very apologetic that I felt that she felt that way. [1:16:32] But it wasn't going to change anything either. [1:16:36] Just. [1:16:36] Sorry. The last thing. [1:16:37] I'm talking circles and I am recovering from leukemia three times, so I apologize. [1:16:43] My speech and everything's a little off, but the traffic situation. [1:16:50] Again, I know we're not talking about that, [1:16:52] but the Henry Bridge was closed, so I was told by a lot of parents [1:16:56] that there was a lot of traffic coming through Wallace Road due to that, [1:17:00] as well as a partial close of a bridge near. [1:17:05] Terrell Hill. Yeah. [1:17:07] So we did have two accidents this summer on Wallace Road. [1:17:11] Pretty bad accidents. [1:17:12] When we called in ourselves that people went off into the ditch we did offer. [1:17:18] The policeman was very thankful to our school actually, because we we [1:17:23] he shut down the road right there, and we actually use our private driveway [1:17:27] to turn everybody around and go back during our aftercare pick up hours, which. [1:17:32] Is. Not a great timing for an accident. [1:17:35] But we made it work because we're community members. [1:17:40] We volunteered at the Pumpkin Regatta. [1:17:42] We've just [1:17:43] we've tried to be really good neighbors and really good community members. [1:17:47] And yeah. That's. All. I have to say. [1:17:50] Thank you for your time. Do you have any questions. For me? [1:17:54] I just have. [1:17:56] I have one question. Yeah. Please. [1:17:58] Clearly your facility has been in front of the planning board in the past, [1:18:02] but if by [1:18:05] some turn of events, [1:18:07] this board said, yeah, you got to go back to the planning board, [1:18:10] would you take that as an opportunity to increase the number of students [1:18:13] from 65 to a larger number that the state would agree to? [1:18:18] Parents would love me to do that, would love for me to do that? [1:18:23] We are in a wait list up to 2030. [1:18:26] Just to give everyone perspective. [1:18:27] We have about 70 kids on a wait list for this upcoming school year. [1:18:32] Would I like to offer that? [1:18:34] Yes. As a business owner, would it make sense? [1:18:37] Of course it would. [1:18:38] We have a big property, big expense for small, only three classrooms per day. [1:18:44] We did extend the our half day [1:18:47] kindergarten to help with the wraparound programs. [1:18:49] The why is on a wait list. [1:18:51] People are begging to get that half day K [1:18:55] so would I do it? [1:18:57] I'm not saying I wouldn't, but I can't really. [1:19:02] I'm not sure I it's a good yeah for my staff. [1:19:06] I want them to be comfortable, I want them I want as a parent [1:19:10] feel like they're not in a class with 25 students. [1:19:13] That's public school. I came from public school. [1:19:15] I don't want to do that. [1:19:16] But at the same time, I have to make enough money [1:19:19] to support my parents that put their retirement money [1:19:22] into this property and belief in me to make this worth [1:19:26] their investment. [1:19:29] And also, yeah, so it's a tough balance. [1:19:32] Like I of course I have a big loan to fill. [1:19:35] I have I have a lot of money invested into this business. [1:19:38] My parents, of course do, but I'm [1:19:41] the one responsible to pay that loan. So [1:19:46] yeah, I don't know how to answer that question. [1:19:48] I just I would not overflow my anyone [1:19:51] that knows me as a parent to me or [1:19:55] someone that works for me, they know that [1:19:57] I would not just I don't add kids just to add kids. [1:20:01] I want it to be a good experience for everyone involved. [1:20:06] Anyone else? [1:20:08] I have a very easy one. Yeah. [1:20:10] You don't need any waivers to operate any of your any of your programs [1:20:14] from the state. Okay. Thank you. Welcome. [1:20:17] Thank you. [1:20:18] Thank you for your time. [1:20:20] Okay. [1:20:20] One last chance. Anyone in the up, sir? [1:20:23] All right. [1:20:25] I'm the father. [1:20:29] Do you still have to tell us your name? [1:20:33] David. [1:20:33] Roberta. [1:20:37] My wife Nancy. [1:20:37] And I [1:20:39] loved. The new morning school. [1:20:42] We know the Shapiro's closely. [1:20:46] I'm the one that was driving by down [1:20:49] Wallace Road when the property went up for sale. [1:20:53] I'm the one that called Sarah and said, boy, if you ever wanted to change lanes [1:20:57] where you went to school with up for sale. [1:21:02] I'm the one that [1:21:05] put together a business plan. [1:21:07] I went to the bank and they when I had retired and they said, [1:21:13] I said, I'd like to buy this property and have it retrofitted [1:21:16] back to a school and get it furnished. [1:21:18] And can we do this? [1:21:19] And they asked what my income was, and I [1:21:23] said, Social Security required distributions. [1:21:26] They said, you don't qualify, but you might be a really good SBA candidate. [1:21:31] And so we started the process. [1:21:35] I met with Curt Lauer, architect in town, [1:21:38] and the people that had met earlier to do the school. [1:21:43] They backed away because to purchase the property, [1:21:47] to do all the incredible upgrades that are required for it, [1:21:51] to meet all the current codes, to have it hardwired into the fire department, [1:21:57] to have the whole wiring down in the school that have all the [1:22:02] all the upgrades, [1:22:04] new subject, new everything to have it [1:22:08] meet code. [1:22:11] Was quite an undertaking. [1:22:13] And then so he [1:22:17] the original people were going to use the upstairs apartment [1:22:20] where the Shapiro's lived to have the space. [1:22:23] It would require a [1:22:27] sprinkler system. [1:22:28] And because it's a private well, [1:22:31] you'd have to have a certified public water system to have the school now [1:22:35] and to do that off a well, it was cost prohibitive to have a reservoir. [1:22:40] So Kurt came up with a plan to do the third classroom in the basement. [1:22:44] That was the addition in 1986, came up with a plan. [1:22:48] He said. [1:22:49] I think the numbers would work with our year round program. [1:22:52] I put the business plan together, the bank and the SBA. [1:22:59] Thought my plan was was solid. [1:23:02] Sarah started to work with the state to find out what it would take to get [1:23:06] licensed. [1:23:07] And then I came to the town and I know all of the ministries [1:23:11] because I came and said, I don't know anything about this. [1:23:14] Here's my business plan. [1:23:16] Can we do this? [1:23:18] And I worked and I mean, I'm in there quite frequently. [1:23:24] I know almost everybody. [1:23:25] And I you know, they tell me what to do and I try to do [1:23:28] it, and. [1:23:32] It's a it's so far away from whatever I what I did. [1:23:36] I'm just trying to pass it forward and let a daughter do follow her passion. [1:23:40] And I could not have got the bank loan [1:23:45] without the approval from the town. [1:23:48] I could have. [1:23:49] We couldn't have gone through the SBA process, and we wouldn't be here today [1:23:53] unless everyone that was financing this whole thing was assured [1:23:58] that we had done our due diligence and had gone through proper process. [1:24:03] And and I just hope that we did that and, [1:24:06] and that we're doing things in accordance. [1:24:10] And I can tell you if, when the when the team came out [1:24:13] this summer, we just opened the door and they walked through with us the [1:24:16] the past fire chief not to get too derailed. [1:24:23] When Vassar Electric was [1:24:26] pointing in all doing all the electric rewiring. [1:24:30] Apparently they put the wrong light bulbs in with. [1:24:34] They had to redo the whole ceilings and stuff for a fire code, [1:24:37] and he required them to redo every light fixture to meet code. [1:24:43] And and [1:24:46] safety is my responsibility, [1:24:49] and I don't want to ever do anything that's going to jeopardize anything. [1:24:53] And I'm going to if somebody says do something, [1:24:57] I try to find out a way to get it done. [1:25:00] Right now, we're in the process of restoring the barn. [1:25:04] I just worked with team engineering to put a plan together. [1:25:09] So it's sort of we've been working [1:25:13] in a certified safe this past summer. [1:25:17] We took some eaves off because I was afraid they might fall. [1:25:20] And it just I think we have tried to be good [1:25:25] stewards, good neighbors and to be compliant. [1:25:29] And if we ever step out of line, [1:25:33] we will do everything we possibly can to bring it into compliance. [1:25:37] I ran a [1:25:39] business small medical practice for 40 years. [1:25:42] I know medical compliance. [1:25:44] I, I live that life [1:25:47] and and safety [1:25:50] is in compliance are just top priorities. [1:25:54] That's my area of responsibility. [1:25:56] So I work with Jack, I work, I mean all the time. [1:26:00] Tell me what I need to do and I'll do it anyway. [1:26:03] That's our story. [1:26:04] I hope that we've been compliant, but I can assure you, if [1:26:08] if there's any issues that come up from anywhere, we will do whatever [1:26:12] we can do to be good stewards. [1:26:15] On the parking part we put in, Curt recommended three drop off lanes. [1:26:21] We got the parking all done so we don't have parking. [1:26:24] Any issues that have come to our attention we've addressed. [1:26:27] We put signs up for slow traffic for school, [1:26:32] and we're always [1:26:33] open for anything we need to do to be better. [1:26:37] It's 15 acres, and much as they [1:26:40] stated, much of what's being done, it's done [1:26:43] way down below, off the road away. [1:26:47] We wanted to get the playground that was off to the right, down [1:26:50] under, out, back and and to do the outdoor. [1:26:53] You have raised garden beds, do stuff [1:26:56] that kids don't get to do today and the parents love it. [1:26:59] The golf community loves it where they all love it [1:27:03] because there's nothing like it. [1:27:05] And we're fortunate to have two people behind me that [1:27:10] they're following their passion, and that's what parents always want. [1:27:12] So thank you for your time. [1:27:14] Thank you. [1:27:15] I don't know if there's any questions. [1:27:19] Thank you sir. Thank you. [1:27:23] Is there anyone else? [1:27:26] I do want to say traffic's wonderful. [1:27:29] They've done wonderful with parking. [1:27:33] I think this has gone really kind of blown out. [1:27:35] Do you have a copy of my original complaint in your packet? [1:27:38] Or just the letter from Jack? [1:27:41] They have the whole thing. My. [1:27:45] My my complaint was very small. [1:27:47] It doesn't complain. [1:27:48] And yes, [1:27:49] we did have a really great relationship and I tried bringing pictures [1:27:53] to the property. [1:27:53] Everything. Great. [1:27:54] Great relationship. [1:27:55] This all had to do with the noise, the extra, the extra, the extra programs [1:27:59] they have. That's all. [1:28:00] And all I'm saying is, I think the planning board to look at it [1:28:04] because they did not go to the planning door, [1:28:07] they didn't have to go to the planning board, so they haven't. [1:28:10] So Charlie, you asked about if they didn't go to the planning board [1:28:13] because they didn't need to for the preschool, that's all. [1:28:17] Thank you. [1:28:17] But I'll be extra. [1:28:18] They they have done really good. [1:28:21] And we did work together really good. [1:28:23] This is just a little thing, that's all. [1:28:26] Not all the other stuff I'm complaining about. [1:28:28] Thanks. Thank you. [1:28:31] Anyone else? [1:28:34] Okay. [1:28:34] Seeing none, I'm going to close the public hearing. And. [1:28:40] I'd like to address. [1:28:42] I'm sorry. [1:28:44] Oh. Thank you. [1:28:46] You did the minutes, right, so you would be next. [1:28:49] Okay. [1:28:51] I'd like to address the standing of the appeal. [1:28:54] One second. Otherwise, you'll kill me. [1:28:57] I hereby a [1:29:00] appoint you as the voting alternate. [1:29:02] Sorry. [1:29:03] Okay. Well, that would be Alan, right? [1:29:06] I don't think this has. Anything for. The Davis Alan. [1:29:09] Thank you. [1:29:09] I don't believe this has a regional development issue. [1:29:12] Oh, yeah. That's right. [1:29:13] We need that, too. I don't believe it does. [1:29:16] It's going to feel something, but I make motion that it has no impact. [1:29:21] Second. Second. [1:29:22] All in favor? Christine? [1:29:25] Oh, actually, yeah. [1:29:26] This is all part of this. [1:29:28] Okay. All in favor? [1:29:30] Opposed? Motion carries. [1:29:32] There is no regional impact. [1:29:34] And I want to get the next step that I think the zoning board has [1:29:38] the case for hearing the request. [1:29:41] It's an appeal of an administrative decision. [1:29:44] The letter that was written July 8th, [1:29:47] 2026 wasn't overly [1:29:51] specific, with [1:29:54] sections and verbiage of numbers, just that indicated [1:29:57] the uses that number for being school aged care, which I think was contained. [1:30:02] They've expanded what it was way back. [1:30:06] We we followed that history. [1:30:08] I tried to get us to get that history for findings of fact, [1:30:14] and we've got some of the [1:30:16] planning board minutes from 2020. [1:30:19] And they discussed that. [1:30:20] It was later became an after school center as [1:30:23] well. [1:30:26] New morning school has been closed for some time, [1:30:30] but then it's a change from its present use. [1:30:33] We need to review that. [1:30:34] That was Jim Raymond for planning Board, Joanne Duffy said. [1:30:39] That's why they're here for conditional use permit. [1:30:42] That meeting they came in for, I believe, a site plan and a conditional use permit. [1:30:49] Jim Raymond says a condition is permanent. [1:30:50] Site can only view it done at the same time. [1:30:53] He indicated the condition use permits the zoning matter [1:30:57] site fans a planning matter. [1:31:00] I don't believe that's true. [1:31:01] True because the condition use permits granted from the zoning ordinance [1:31:05] and the planning board typically executes that. [1:31:10] So then we fast forward to the notice of decision [1:31:13] from that meeting and the planning board. [1:31:17] And said the waiver requests were granted. [1:31:20] And it's a conditional use request. [1:31:24] And they made a motion to grant the waivers. [1:31:27] But all the conditional use issues made a motion to approve the condition [1:31:32] use permit based on the representation of the applications. [1:31:35] And it got seconded and they dealt with the conditional use permit. [1:31:39] Yeah. Planning board dealt with that [1:31:42] which had some expanded use. [1:31:47] Then the site plan. [1:31:49] They made a waiver to the requirement [1:31:53] that didn't have to be an engineered plan, but to use a marked up plan. [1:31:56] That was red line from the 86 site plan. [1:31:59] So the planning board established the history that they acted on a site plan [1:32:04] and conditional use permit that included school [1:32:07] age children greater than five. [1:32:10] So I'm satisfied that. [1:32:15] Complies and that the applicant hasn't. [1:32:19] I don't see why there's any argument for that. [1:32:21] It doesn't, but that's just my opinion for the moment. [1:32:25] Trying to follow this. It's very convoluted. [1:32:27] A lot of history here. [1:32:28] Look how thick the packet is. [1:32:30] Yeah, [1:32:32] I don't know if anybody else wants added any other comment to that. [1:32:36] Well, just without going into Bruce's convoluted history, [1:32:40] I think that, you know what we're being asked to do by having them [1:32:45] go to the planning board for conditional use permit, [1:32:48] is adding an additional requirement to what they've already gone [1:32:54] over for their state licensing, [1:32:56] which I don't think is within the legal purview of this board. [1:33:00] I just, you know, I just don't [1:33:03] find that, you know, the appeal has any merit. [1:33:07] I don't think the planning board would accept an application [1:33:10] with an issue because they'd say, we've already done one. [1:33:13] They granted a waiver or whatever it was for it. [1:33:17] That's that's. [1:33:18] Sure. [1:33:18] I just think that the the heart of the issue is [1:33:21] the applicant is wondering, are they following all the rules? [1:33:24] And I think [1:33:25] from what we've gathered, I think that they are following all the rules and their [1:33:30] their licenses are all valid and being followed. [1:33:36] My only comment was given, given the, [1:33:41] the pieces of their license [1:33:43] and our lack of [1:33:46] complete definition in our table of uses. [1:33:50] I actually, based on their license and description, [1:33:55] would consider it a kindergarten or elementary school as well. [1:33:59] So given that that is permitted by right in agricultural zone. [1:34:04] So I personally wouldn't [1:34:08] see a zoning need for a conditional use permit period. [1:34:13] That's my take on this. [1:34:17] So that being said, [1:34:19] is there any further discussion or is there a motion. [1:34:23] Offer, a motion that we reject [1:34:27] the application to the [1:34:30] we uphold the zoning officers decision [1:34:35] that it does not require a conditional use permit [1:34:40] for this activity. [1:34:42] Okay. Motion upholding. [1:34:44] The letter. [1:34:46] Second by John. [1:34:47] All in favor? II opposed. [1:34:51] Motion carries. [1:35:01] How about a about a three minute. [1:35:02] Break. [1:35:03] For the next one. We will now. [1:35:06] Enter into a legal with a five minute break [1:35:09] and restart at 8:30 p.m.. [1:40:09] So we will resume the meeting [1:40:10] now for this next hearing. [1:40:15] Charlie, you will be voting alternate. [1:40:17] Please. [1:40:20] Craig. Drawback. [1:40:21] Applicant owner is seeking variances to remove and rebuild a garage [1:40:25] that is five feet from the side property lines, whereas a 25 side [1:40:29] setback is required for section 4.3 of the ordinance. [1:40:33] The proposed structures will also exceed the maximum allowable ten building [1:40:38] coverage on the lot per section 4.3 of the town's only ordinance, [1:40:42] as the structures will approximately cover 15.1% of the lot. [1:40:47] The property is located at 129 Mountain Base Road. [1:40:50] Map 41, lot 2000. I'm sorry. [1:40:53] Zoned agricultural. [1:40:55] We have a motion for regional impact. [1:40:58] I'll move. No regional impact. Motion for. [1:41:01] Second round. Second for Bruce. [1:41:03] All in favor? Aye. Opposed? [1:41:06] Motion carries. [1:41:09] Applicant to come on up. [1:41:11] I have a question. [1:41:12] Is Charlie the voting alternate in this one? Yep. [1:41:22] Who you are. [1:41:23] And my name is correct. [1:41:25] I hope the fact that I don't have ten people supporting me doesn't [1:41:29] go against me. [1:41:32] Yeah. [1:41:32] So I was here in April for something similar [1:41:35] on the same property, [1:41:38] for a variance on [1:41:40] building a house that's already underway. [1:41:43] And yes, I hope to do. [1:41:45] I wasn't planning on doing this with the garage, but the current one is [1:41:51] the front of. [1:41:51] It's almost half a foot [1:41:55] lower than the back, so it's kind of sinking. [1:41:58] And I felt like I didn't realize that in April [1:42:02] when I was coming for the first variance, [1:42:06] but I'm. [1:42:08] Wanting to basically replace the garage structure and the [1:42:14] replace it with the [1:42:15] garage and the same exact place [1:42:18] of the same exact footprint. [1:42:23] That's basically it. [1:42:27] I talked to my the the butter next to me. [1:42:31] Who's the five foot [1:42:34] property line, the butter mentioned in there. [1:42:37] And he's like, well, if you need to, I don't intend to do that. [1:42:43] But just just for note. [1:42:49] I don't think that. [1:42:54] Based on the House [1:42:58] not being an issue for the reasons stated in there, [1:43:01] I feel like the garage should be a similar issue. [1:43:06] Craig, did you consider [1:43:08] attaching the garage to the house in some way [1:43:12] to try to consolidate the footprint? [1:43:19] Is your house design done? [1:43:22] I have framing and a roof at this point. [1:43:25] Oh. I'm sorry. [1:43:26] Yep. I get it, kind of. [1:43:31] Figuring out the garage [1:43:34] part and the fact that it was sinking and everything kind of happened [1:43:38] after things were already ready in motion with the with the house. [1:43:44] That makes sense. Yeah. [1:43:47] This was the trolley horse. [1:43:48] Correct. Yeah. Okay, I got you. [1:43:52] So the 15. [1:43:54] Point 1% coverage of the lot is the same right now as it will be after. [1:43:59] That's not a changing number one way or another. Correct. [1:44:02] Because I'll still be doing a 20 by 20. [1:44:05] Same. [1:44:11] Question. [1:44:12] Do you have any room to move it further away [1:44:15] from the lot line in any way? [1:44:18] There's almost immediately [1:44:21] to the right of it is the tank. [1:44:25] Well, there's the tank just [1:44:28] to the corner of it, but the leach field is right next to it also. [1:44:31] So I mean like within a couple of feet. [1:44:36] It's possible it could go. [1:44:39] Same foundation. Everything. [1:44:41] Sit right on it. [1:44:42] Down the woods we build on top. [1:44:45] Correct. [1:44:50] Same foundation. [1:44:50] No no. No no. No no no. [1:44:54] The foundation. Yeah. [1:44:55] New foundation. [1:44:56] Same same same. [1:44:58] And everything is going to be okay. [1:45:00] It's poured and then it's going to be poured. [1:45:03] Or is it like the original is what might have been a block or the old. [1:45:07] It's it's it's concrete, but I'm gone. [1:45:11] It's just sinking. [1:45:13] Thinking, cracking jokes. [1:45:15] Yeah. [1:45:17] Replacing what's there. [1:45:19] Correct. [1:45:21] As I'm looking at the picture [1:45:24] of the house from the front on the property. [1:45:27] This is located at about two the rear of the house [1:45:30] at roughly 10:00 or thereabouts. [1:45:34] 10 to 11:00. [1:45:35] Yeah. So. [1:45:38] Just back left. [1:45:49] I just wanted to mention that [1:45:51] it may not be [1:45:52] officially condemned, but we do have a statute that in [1:45:56] an ordinance that allows someone for a condemned building to rebuild it [1:46:02] in the same footprint if it was a non-conforming structure. [1:46:07] It's not condemned, but there's just support in our ordinances [1:46:10] for taking non-conforming structures that are dilapidated [1:46:14] and rebuilding it in the same location. [1:46:18] And I think we're treating it as a replacement [1:46:21] in kind, essentially. [1:46:26] Anyone else? [1:46:28] Do we need him? [1:46:30] We have to grant him a variance of this. [1:46:32] I don't understand. [1:46:34] If he's replacing like. [1:46:35] A yeah. [1:46:38] I was out. [1:46:42] You excuse excused. [1:46:44] Well, I think we had another garage situation. [1:46:47] I don't remember the. [1:46:49] Within three feet of the string. [1:46:51] Yeah. [1:46:51] And I and that one, I think with the same situation. [1:46:54] It was a complete tear down and rebuild on the same footprint. [1:46:57] I don't think there was any changes in. [1:46:59] 45 grown. [1:47:00] And and [1:47:02] and we were saying that because they're, they're tearing it down to the level [1:47:06] and then rebuilding it is a new structure, even if it is on the same footprint. [1:47:10] Because the foundation is being removed to be certified. [1:47:13] Yeah. Okay. Right, right. [1:47:16] All right. [1:47:17] So you can sit there. [1:47:20] Is there anybody who wants to speak on this in the public [1:47:24] seeing no hands, I will. [1:47:26] Do you have anything else you want to add? [1:47:28] I don't. Think so. [1:47:29] All right, then, I shall close the public hearing. [1:47:32] Board motion or discussion? [1:47:34] I think it comes down to replacing. [1:47:38] I won't say the structure, but one in poor condition [1:47:41] with a new structure in the same location which is not conforming. [1:47:47] And it's if there was to make it [1:47:51] more conforming, it runs into a septic. [1:47:54] And is that is it a tank? [1:47:57] It's a small field. [1:47:59] Yeah, right. [1:48:00] It's a field. [1:48:01] So he doesn't have the option [1:48:04] of rebuilding in a conforming space. [1:48:08] It'd be no different than just. [1:48:12] Siding on the existing building and whatever. [1:48:14] So we're not the broken foundation. [1:48:16] Right? Right, right. [1:48:17] So I don't see any. [1:48:21] Whatever it's [1:48:23] going through the criteria, but [1:48:26] I would make a motion to campus variance [1:48:31] again, going through the conditions that typically would by [1:48:35] the granting would not be contrary to public interest, because he's replacing [1:48:40] an existing structure, [1:48:43] basically like the light, [1:48:46] the spirit of the ordinance [1:48:48] wouldn't be observed again, because he's replacing an existing [1:48:53] non-conforming, but he's replacing it like polite. [1:48:57] He's not encroaching anymore. [1:49:00] Granting of the variance, [1:49:03] but do substantial justice. [1:49:06] For that reason, the ability to make a repair and still maintain [1:49:10] that nonconformity, but with a new building [1:49:14] for the following reasons. [1:49:17] The value of the surrounding properties would not be diminished, [1:49:21] probably because a new structure is a much better value [1:49:24] than an existing dilapidated or poor condition structure. [1:49:31] The hardships I think the hardships are again [1:49:34] within our zoning ordinance to require the rebuilding [1:49:40] to to make it less [1:49:44] nonconforming. [1:49:46] He can't because of the layout of the land. [1:49:49] He runs into a septic. [1:49:50] It's a small lot that large. [1:49:52] I would say the hardship is the lot size. [1:49:54] It's a very, very small lot in the agricultural zone. Yes. [1:49:58] Nowhere below. [1:49:59] So again, it runs with the property. [1:50:02] It's not by his choice. [1:50:04] He's limited in what choices he has to make it conforming or complying. [1:50:07] But therefore I think we should. [1:50:12] Second. [1:50:14] Second from Charlie. [1:50:16] Any discussion? [1:50:17] All in favor? [1:50:19] Opposed? [1:50:20] Motion carries. [1:50:23] You have your variance, sir. [1:50:25] Can I. [1:50:25] Can I ask a question? [1:50:28] 30 days, subject to an appeal. [1:50:32] Is there a. Way for me to go? [1:50:34] Like if I find. As. [1:50:37] I excavate that. I have, like, two. [1:50:39] Feet of play to work with towards that leach field? [1:50:43] Can I go [1:50:46] like 2 to 3ft? [1:50:49] I, I would, I would. [1:50:51] Miss variance or is there a would there be more that. [1:50:54] The variance was like for like so I would I, [1:50:59] I can't answer that because I'm not the zoning enforcement officer. [1:51:04] But given the fact that in the past we've always said [1:51:07] like if if that's what the discussion is, that's what it's supposed to be. [1:51:11] So I would. [1:51:14] Even though the the variation that you might present [1:51:18] is a betterment less nonconforming, you probably should come back [1:51:22] just for the record of new planets in the discussion. [1:51:26] But again, really it's a it's only administrators [1:51:30] officers decisions. [1:51:38] All right. [1:51:40] That one is all set. [1:51:44] I don't know if Jack will be available [1:51:46] after the meeting, but. [1:51:49] Yeah. [1:51:50] All right. [1:51:52] For this next [1:51:55] next hearing we [1:51:57] Kristen, you will be the voting alternate. [1:52:01] Jeffrey Ellen, applicant owner [1:52:03] is seeking variances to allow for the replacement of stairs [1:52:06] on a single family home with two decks and stairs on the front [1:52:09] and front side of the home, as well as on the front slash middle of the home. [1:52:14] The proposed deck and stairs on the front side of the home. [1:52:18] It's a lot of slashes here. [1:52:20] We'll we'll be approximately 21ft from the property line, [1:52:24] and the proposed deck stairs on the front middle of the home will be approximately [1:52:28] 18ft from the property from the front property line. [1:52:32] Both structures are required to have a 25ft front setback from the property line. [1:52:37] As perception. [1:52:38] 4.3 the table of Dimensional Regulations of the Goff Sound Zoning Ordinance. [1:52:43] The property is located at 48 Laurel Street, map 14, lot 49, Zoned [1:52:49] Residential two. [1:52:50] And I will entertain a motion for reasonable impact. [1:52:54] Or no motion. There's no regional impact. [1:52:58] Second [1:53:00] then got beat out. [1:53:00] So motion by second from all in favor I opposed. [1:53:06] Motion carries. [1:53:08] Hi, I'm Jeff Allen, the owner of the property at 48 Laurel Street. [1:53:13] And we would like to replace our stone [1:53:17] steps with Trex decking. [1:53:21] And the footprint is going to be a little bit larger [1:53:24] than they are now. [1:53:31] I've got pictures. [1:53:32] This is our current steps and cracks. [1:53:38] Damage. [1:53:39] And then we want to replace them with this is the front of the house. [1:53:45] So if anybody on the he's showing pictures on. [1:53:47] We have it in a packet. [1:53:48] I think these are some saying the one. [1:53:50] Oh they're the same ones. Okay. [1:53:52] More pictures. Okay. Yeah. [1:53:54] Just a little bit larger. [1:53:56] I'd like to expand the front. [1:54:00] The current stone steps wouldn't fit within [1:54:04] the zoning regulations. [1:54:06] They must have had a variance to build those. [1:54:10] Meaning that current [1:54:11] front steps are not code compliant right now. [1:54:15] Compliant? [1:54:16] The the house is 25ft from the line, [1:54:20] and then the steps come out about five feet in front of it. [1:54:23] Okay. [1:54:24] If the I'm just trying to say if the steps were [1:54:30] if the steps met the setback requirement, [1:54:33] would they be compliant or are they [1:54:36] too small or you can't be. [1:54:39] There yet. [1:54:41] You have to be. [1:54:42] It has to be larger if you're going to do it under. [1:54:45] Current code. Okay. [1:54:47] Okay. [1:54:48] That answers my question. [1:55:01] Got some damage [1:55:02] and I current steps we have to do something. [1:55:07] Which of them do you use as the primary entrance. [1:55:11] The one in the middle of the front of the front of the house or. [1:55:15] The one side entrance? [1:55:17] The side entrance was still in the driveway. [1:55:20] That's the one used for the main entrance. [1:55:23] The majority of the time. [1:55:26] Right. [1:55:27] Is that poured in place or is it a precast drop? [1:55:30] The one on the right hand side is a precast drop in. [1:55:34] The one on the front of the house is poured in place. [1:55:38] Okay. [1:55:39] Both of them will have to be demolished. [1:55:41] That's gonna be fun. [1:55:42] Yeah. [1:55:53] We have spoken to our neighbors and. [1:55:58] Yeah. [1:55:58] Yes, there is an email. [1:55:59] That came in. Well, [1:56:02] it's part of the packet, I think, but I'll read it just in case. [1:56:07] I came in on August 31st at 10 p.m. [1:56:12] from Michelle and Claire. [1:56:16] And that would be the person who lives at 50 Laurel Street. [1:56:21] I am fine with the Allen [1:56:22] putting decking against their house and in their front yard. [1:56:25] I am unable to attend September 1st. [1:56:27] Please consider this email to be in favor of the project proposed at use 46. [1:56:32] But it's 48 Little Street. [1:56:35] Thank you Michele. [1:56:40] Okay. [1:56:40] What is the hardship? [1:56:44] What's the hardship part of this? [1:56:46] That's always the tricky thing for us. [1:56:48] If we can understand what is it that's unique about the property that [1:56:53] such. That. [1:56:55] The ordinance should is an undue hardship on you? [1:57:00] Well, the house is 25ft. [1:57:03] The front of the house is 25ft from the property line. [1:57:07] So anything that we build in front of the house is going to be violating the [1:57:12] the ordinance. [1:57:15] Right. [1:57:16] And you do need steps to get out. [1:57:17] We need steps to get out. [1:57:19] That sounds like a hardship to me. [1:57:24] Did break it apart there. [1:57:27] Yeah. So the there really shifted. [1:57:29] We've lived there 13, 14 years before us. [1:57:34] They looked like they've really settled. [1:57:36] Somebody added another stair on top. [1:57:39] It's kind of hacked. [1:57:41] And now it's really getting kind of wonky. [1:57:44] And then the side ones are just straight up broken by the winter, last winter. [1:57:49] There's a hardship right there. [1:57:51] So the board in place, one is settling into the ground and brought, in other. [1:57:57] Words, quite a lot. [1:57:59] Jack the so by code they had [1:58:02] the steps have to be a specific size for entry right? Yes. [1:58:06] For entry for them to open. [1:58:07] The door on both the, on both the side and the front. [1:58:10] Correct. Okay. [1:58:11] So I mean the hardship is, is that [1:58:14] if we say no, he has no way to enter exit his home? [1:58:17] That sounds like a pretty big hardship to me. [1:58:23] Okay. [1:58:27] Just any further discussion. [1:58:31] Okay. [1:58:32] I will close the public hearing, seeing that there's nobody [1:58:35] left in the audience. [1:58:38] Board discussion. [1:58:39] Motion. [1:58:48] Seems pretty straightforward to me. [1:58:52] Needs to be safe. [1:58:58] I don't have anybody jump in at one. [1:59:00] I will. [1:59:01] Make a motion to approve a variance for [1:59:05] 48 Laurel Street map 14, lot 49, [1:59:09] to allow for the proposed deck stairs [1:59:14] in both the front and the side of the home [1:59:16] to be [1:59:19] to be repaired [1:59:21] as written in the request. [1:59:26] Going through the criterium, [1:59:29] which is in a different part of. [1:59:34] Granting the variance would not be contrary [1:59:36] to the public interest, because I don't believe anybody in the public [1:59:40] would really be upset about somebody being able to enter or exit their home. [1:59:44] The spirit of the ordinance is observed because. [1:59:50] I don't believe that there is any spirit of the ordinance [1:59:53] that would deny somebody to fix something that would allow them [1:59:56] entry into their home. [1:59:57] That has to violate the code. [2:00:00] Granted, the variance would do substantial justice because. [2:00:05] He can now have steps to enter [2:00:08] and safe steps to enter [2:00:11] and exit the home values of surrounding properties will not be diminished. [2:00:15] I think that's a given, I think, [2:00:19] yeah, that's fine. [2:00:21] And then in terms of the hardship, owing to special conditions [2:00:25] of the property that distinguish it from other properties in the area, [2:00:29] the Nile of the variance would be an unnecessary hardship because [2:00:34] there is no relationship between the public [2:00:37] that that would have any impact on this at all, [2:00:42] other than the fact that the person cannot use their home [2:00:46] and the proposed uses a reasonable one because they're stairs to enter the home. [2:00:52] Well. [2:00:53] There's the motion on the table. [2:00:56] Second from. [2:00:58] All in favor. [2:01:00] Opposed? [2:01:01] Motion carries. Thank you. [2:01:04] I should have gone first. [2:01:09] I don't. [2:01:09] Make draw. [2:01:12] 30 days. [2:01:14] Yes, there could be an appeal on that within 30 days. [2:01:17] Just be aware. Of that. [2:01:20] A disgruntled neighbor. [2:01:23] All right. [2:01:24] Correspondence. Bruce. [2:01:26] Go ahead. Yes. [2:01:28] So again, I was tasked in the last meeting [2:01:31] to come up with some of the requests for topics, [2:01:36] present topics from the zoning ordinance that we feel [2:01:39] that the planning Board to address into the zoning ordinance, [2:01:43] drafted up in the form of a memo [2:01:46] to the Planning Board from the Zoning Board of Adjustment, [2:01:49] the subject is Items and topics for zoning Ordinance amendments. [2:01:53] Consideration from the Zeba to present to the Planning Board [2:01:57] one definition of multifamily. [2:02:00] I think we've asked that around a lot. [2:02:03] Two Adu requirements need to be the same as the single family. [2:02:08] For example, strike the section referenced 5.2.7, [2:02:14] which has a separate requirement of satisfying requirements [2:02:18] above what the single family does as a requirement. [2:02:22] And some of that might be. [2:02:23] I looked back at what we voted with. [2:02:26] Everything was happening last time. [2:02:28] We look back at what we voted in in the spring for the elections, [2:02:32] and there was an update to the definition of the Adu, [2:02:36] but it was voted no by the public. [2:02:39] So that might be why we're seeing so many, [2:02:42] is that there was please vote for this. [2:02:45] In order for this to be updated in accordance with the state laws [2:02:49] and the public vote, to. Know. [2:02:51] Whether we still have. [2:02:52] But we still have to uphold the state laws. [2:02:54] I know. [2:02:54] So that might be why the definition of ADUs not including detached, [2:03:00] for instance, it's still doesn't quite add up and I think that is why. [2:03:04] Okay. [2:03:05] So again, we'll probably try it again this year. [2:03:09] I would. [2:03:09] Say yeah. Thank you for that. [2:03:11] So they might even have red lines saved from last year that apply right. [2:03:18] Third topic was detached home occupations. [2:03:21] Again I throw this out. [2:03:22] Really the planning board [2:03:23] is the one that supposed to craft the ordinance and the details. [2:03:27] Sometimes we can suggest some of that to help make it easy for them. [2:03:31] But so for that instance, and we've had a couple [2:03:34] that have detached home occupations in the past, we've had to deal with that more [2:03:38] so as a variance because it's not addressed in that loading ordinance. [2:03:41] So do we want to do different criteria new classification, [2:03:46] cottage industries, another name for those when they're outside of the home self. [2:03:50] Just food for the planning board to run forward with. [2:03:53] But we don't have [2:03:54] something in the zoning ordinance, so now they have to come in for a variance [2:03:58] if it's a detached home occupation, multiple principal uses on one lot. [2:04:04] That's the new law that says we can have mixed residential [2:04:07] in with a commercial development going forward. [2:04:10] And that's still being cranked out to sausage in the state level as well. [2:04:14] But we need to update as to allow that kind of mixed use [2:04:20] construction business or use. [2:04:22] That's not a defined use, [2:04:27] but we need the definition details in table of uses and or supplemental. [2:04:31] Otherwise they come in for a variance. [2:04:33] They want to do a construction business because it's not defined. [2:04:37] Lastly rename the a the agricultural zone [2:04:41] to rural the roof zone keeping all the uses dimensions. [2:04:45] As before, it's just a name change to reflect the current actual use graph. [2:04:50] Sounds no longer an agricultural zoning ordinance came in 63. [2:04:54] It was pretty much agricultural. [2:04:56] Was all the outlying. [2:04:58] Now it's pretty much rural, but agriculture is still used. [2:05:02] That's permitted. [2:05:03] I think that would just clarify it because it's always weird [2:05:06] when do an application. [2:05:08] It's in the agricultural zone. [2:05:09] It's not agricultural use. [2:05:11] It's it's a real use [2:05:14] district. [2:05:14] So with that, if there's any other topics that the board [2:05:18] wants to bring to the planning board, we can do that. [2:05:22] We should vote on this present [2:05:24] to the planning board so they can get into their schedule [2:05:27] for getting amendments to the zoning ordinance. So, [2:05:32] when does that have to get in by? [2:05:36] Is it before our next zoning board meeting? [2:05:41] Just right after. [2:05:44] Okay. [2:05:48] I might suggest that we discuss this, [2:05:52] but hold off until next month when things comes back. [2:05:55] And if she doesn't come back, then we vote. [2:05:57] Then. [2:05:58] Because there would be a sitting, sitting. [2:06:00] Member of the board voting for that. [2:06:03] That's one of the things. [2:06:04] The other thing was, given tonight's discussion, [2:06:08] we noticed that there's a absence in definitions for school. [2:06:13] The school. School, kids. [2:06:15] Dinner. Garden. [2:06:17] I suggest that we add that to this list so that they can define it based on state [2:06:22] definitions of those industries, those pieces of the industry. [2:06:26] Especially because after school care and summer [2:06:30] camps and things like that are a growing need. [2:06:33] I think that there's [2:06:34] going to be more business owners looking to open up businesses, and it's [2:06:38] kind of a black hole there for them, and maybe we can make some ordinances, [2:06:42] just make it a. Little more clear. [2:06:44] Education definitions in our zoning ordinance should mirror match. [2:06:49] They can kind of the same language. [2:06:54] Okay, [2:06:55] I'll craft another at that is another item for the next meeting. [2:06:59] Yeah, there's infant toddler care. [2:07:02] School age. [2:07:03] Goes all the way up to G something that h. [2:07:06] And it's it's an adventure, I'll tell you that. [2:07:11] It's sort of interesting is the state has that form. [2:07:13] It's a zoning verification form. [2:07:16] But there's only three. [2:07:18] Right. [2:07:19] So but a through something [2:07:23] look at the group care. [2:07:24] Right [2:07:26] c c g. [2:07:27] At the very end. [2:07:29] Yeah. [2:07:29] So that's goes from infant care all the way up to school [2:07:35] elementary or whatever kindergarten and beyond. [2:07:39] That's why it's nice. [2:07:39] That's why it's hard for local definitions to say yes, we comply with the state [2:07:44] if like ours only has up to five, we don't have all the aces. [2:07:48] I mean, we go a through, I mean, see through, whatever it is. [2:07:52] Three of them. Well, [2:07:55] we can group with this in some way. [2:07:57] Like it should speak the same language. [2:08:00] Yeah. [2:08:00] That that was what the point that I was trying to make is that [2:08:04] because they there can be a lot of weeds that grow very fast [2:08:07] because of those types of definitions. [2:08:11] And I think from the zoning ordinance, [2:08:14] an after school program might be different than a full day program. [2:08:18] And I'm just thinking [2:08:19] planning board for traffic, whatever, just other things of planning board stuff [2:08:23] that they need to deal with that differs [2:08:25] with each of those different classifications, I would imagine somewhat, [2:08:30] but. Okay, [2:08:33] at least the topic is going to get so we can get [2:08:36] marriage to that. [2:08:39] Educational institution. [2:08:41] Yeah. Preschool educational. [2:08:44] I think it's an Irish 170 that had it. [2:08:50] Was on. [2:08:50] That form. [2:08:51] Sorry sugar from that one. So yes. [2:08:54] Just somewhat related to what Bruce is saying. [2:08:57] I suspect you all got that slide deck [2:09:01] that I had Patty send out to everybody on the [2:09:05] that wonderful hour of the state planning office similar tonight. [2:09:09] And the one thing that made me think, and I think it's a long term development [2:09:15] thing, but the way that new law is crafted [2:09:18] as far as multifamily [2:09:22] in commercial zones, [2:09:26] what it's going to do, I see the ghost town in the long run. [2:09:29] It's going to force all multifamily development [2:09:34] basically into the 114 corridor, [2:09:38] because the requirements of the law and there are two [2:09:42] that are in you've got to have all the infrastructure pieces. [2:09:46] You've got to have the road, the water and the sewer. [2:09:51] And in particular, because the question is raised by when it was answered [2:09:57] by, I think there's no a Hodge that I believe was the chief planner, [2:10:02] private sewer [2:10:04] built by a developer will not make it [2:10:08] doesn't fulfill the law. [2:10:12] You've got to have some sort of a public sewer system, [2:10:16] whether it's tax supported or whether it's like gloves, [2:10:20] town sewer districts where it is supported by user fees. [2:10:24] It cannot be a private sewer system. [2:10:27] So what do we got here? [2:10:30] We got one. We got 114. Yeah. [2:10:33] It did have a provision for the developers to pay for upgrades [2:10:37] to the public sewer system and somehow give money towards that. [2:10:42] It also took away any rights for us to mandate a conditional use permit. [2:10:47] Mixed use first floor use is allowed by right [2:10:50] to have multifamily in the commercial district. [2:10:54] But I. [2:10:55] I just. Have. The district. [2:10:58] Unfortunately, I'm looking at the apartment [2:11:01] road that you have for and seven think River road, River [2:11:05] road in Hooksett heading up toward the Walmart or [2:11:10] I can't remember the name of the street in bed, [2:11:13] but there's another line of apartment buildings there. [2:11:17] And problem with Goffstown. [2:11:18] And this is the discussion that Denise and I have had on a number of occasions. [2:11:23] The Goffstown has got very limited commercial space. [2:11:28] We try like hell to preserve it, and every time we do, [2:11:32] the state says story. [2:11:35] Oh, maybe that's something that that should be brought up to the [2:11:39] to the planning boards as well. [2:11:41] Because if it needs to be rezoned [2:11:44] to protect that space, that might be an option for the town. [2:11:47] If it really feels like that. [2:11:49] I mean, this is not anything [2:11:51] that's going to be tomorrow or even next month or next year. [2:11:55] But, you know, if you look 5 or 10 years out, we've already seen it. [2:12:00] I think of the development that's going in just to the east of the shell there, [2:12:05] that's been sitting there now for 2 or 3 years or. [2:12:10] They're. [2:12:11] Out, you know, which is a commercial, a commercial property. [2:12:16] You know, we're looking we're looking at that kind of development up and down. [2:12:20] One or as far as the sewer line runs. So [2:12:26] yeah. [2:12:27] Okay. [2:12:27] That said, my piece that I'm just thinking of what [2:12:31] the future of the town can look like. [2:12:35] Yeah. [2:12:35] The only buts are, is it has to have the sewer and the water and the roads. [2:12:41] But that's the only thing that can hold it up [2:12:44] because it's permitted by right now. [2:12:45] So it has to be public sewer. [2:12:48] Yeah. But that that was the caveat. [2:12:50] It has to. Be and it's immediately effective. [2:12:53] It's not next year. [2:12:54] It's immediately as of last this past July. [2:12:59] Yeah they've made it retroactive. [2:13:02] But yeah, developers in this town have been trying for years along 114 [2:13:09] only because that's where all the infrastructure is already in place. [2:13:14] And if they're wrongfully denied, they're allowed to seek [2:13:17] reasonable compensation for their attorney's fees from the town's. [2:13:22] Hall, as before, the housing [2:13:23] Appeals Board again. So. [2:13:33] So because the gender says [2:13:37] that there should be a vote to submit to the planning board. [2:13:41] I wouldn't say either we do that or somebody make a motion. To. [2:13:46] Move that. [2:13:47] We table any vote on this [2:13:52] of topics for the planning board. [2:13:55] The next regular meeting. [2:13:58] For this vote, Davis, you'll be the voting alternate. [2:14:02] I will second that. [2:14:04] So we have a motion on the table [2:14:05] to push this table, this until the next meeting a second. [2:14:09] So all in favor I opposed. [2:14:12] Motion carries. [2:14:16] Okay. [2:14:16] So the next thing on the agenda is the email from Joanne [2:14:20] regarding density calculations in the zoning [2:14:23] ordinance. [2:14:32] Updating some of these. [2:14:37] Town okay. [2:14:37] That's right. [2:14:39] That's great. [2:14:44] For round down right up [2:14:47] for the area. [2:15:21] Comments or otherwise. [2:15:25] Then we shall just note that [2:15:27] those received from the board. [2:15:30] And then the last one was the one I just found, [2:15:33] which is the update to the application fees. [2:15:39] I think it's it's a vote to. [2:15:43] Agree with the staff recommendations [2:15:45] and on voting on the fees. [2:15:49] Yeah. I was going to ask if. [2:15:50] We can. [2:15:51] If we can do that. [2:15:58] Point of adjustment [2:15:59] has the authority to make the necessary change to the application fees. [2:16:03] So I guess I guess we do have [2:16:06] to make changes to the fees. [2:16:17] The last sentence says please vote. [2:16:18] The staff's recommended. [2:16:22] Application fees. [2:16:25] I, I guess my only question of this was [2:16:28] it would have been nice to see what the current costs are. [2:16:33] Not second page. [2:16:37] No, those are the fees. [2:16:39] That's not the case. [2:16:40] Oh, I see, just like it. [2:16:41] It's stating here [2:16:42] that to cover the cost of the union either classified ads and postage. [2:16:47] I would like to see the costs. [2:16:49] So we know that okay. [2:16:51] This is a reasonable adjustment. [2:16:53] I mean not not that I doubt [2:16:57] not that I doubt them, but I think [2:16:59] it would make good fiduciary sense to know the cost. [2:17:03] Patti. [2:17:04] Monday, next. Monday. [2:17:06] You'll be back on Monday. Yes. [2:17:07] So we want to know, like what the union leader charges, right. [2:17:13] Because that goes into the fees. Right. [2:17:15] So if if we're saying that the we're going to increase the fees [2:17:19] for a residential house by $75, [2:17:23] I would like to be able to justify why. [2:17:26] So if. [2:17:28] We're going up the dollar, the notice on the butter fees $12. [2:17:32] Now a butter notification fee is $13. [2:17:37] I think that's what she's mentioning on that line item is the union leader. [2:17:42] You know, notice [2:17:45] whatever that. [2:17:46] No. The notice in. The paper. [2:17:47] No. The other notification fee is. [2:17:49] Oh, maybe that's. [2:17:50] The sort of the post sending it out. [2:17:53] The I would imagine that the fees for the union leader ad [2:17:57] and whatnot are part of the fee itself, [2:18:01] not the butter notification fees, I think. [2:18:04] I think I'd like to just see a little bit more clarification on [2:18:08] on where the costs are coming from to be able to justify to the public. [2:18:13] Hey, this is why we're increasing the peace by this much. [2:18:17] I. I trust. [2:18:18] Staff like this is this is the minutia. [2:18:22] That. [2:18:23] You know, they figure this stuff out and they do the math [2:18:26] and they take the time to prepare and give it to us. [2:18:29] It's like, well, all. [2:18:31] All the way you have to look at [2:18:34] if it were minor increases, but you've got. [2:18:38] These are significant. Doubling. [2:18:41] But you've got a doubling and residential a you've got a doubling. [2:18:45] You have more than a doubling in residential application [2:18:49] and a doubling and residential be. [2:19:02] Yeah. [2:19:03] So I mean, it's up to the board as to how we, how we want to push this forward. [2:19:08] If we're going to vote to do that, then that's fine. [2:19:12] So Charlie, you'll be devoted in alternate. [2:19:15] I guess the other option is to request that [2:19:19] there be a little bit more information. [2:19:21] If we wanted to vote on the next time. [2:19:22] I don't know if there's a deadline that they have to be getting this [2:19:26] in, like by next month or I think I'm sure it's, it's, [2:19:31] Well, I would imagine if anything it would have. [2:19:34] Well, no, because we get to set them. [2:19:37] On the budget. It's part of the budget. [2:19:39] So when does that need to be in that information? [2:19:43] Probably by October 1st. [2:19:47] First, second weekend. Okay. [2:19:49] Well if it I mean, if it's the second week of October, then [2:19:52] we have a meeting in there, be able to have the information [2:19:56] that that's just that's my my opinion. [2:19:59] And mine's more procedural. [2:20:02] I didn't think that had the authority to set fees. [2:20:08] I had to have a public hearing. [2:20:12] Just like this. [2:20:13] Like we can just like we can justify raising fees also. [2:20:18] To hold a public hearing. [2:20:20] Oh, they. Don't really know. They do not. [2:20:23] But I think I know [2:20:25] I, I always like to on the side of letting people know things. [2:20:29] So you know, we I, I'm not sure I know what the actual cost of these things are. [2:20:34] They just get pulled into a budget, but they never really separate it out. So [2:20:40] I agree with you, Jason. [2:20:41] I'm you know, I. Trust. [2:20:43] That the staff. Has. Done the hard work. [2:20:45] I just want to see the math that they put into it as well, [2:20:49] just so that we can feel assured that when we make this decision, [2:20:53] if we do accept their proposed fees, that we feel confident [2:20:58] that we've made the right decision based on the work that they have for them. [2:21:03] Yeah. Definitely do the homework. [2:21:05] It's nothing. Against the tenant. [2:21:07] I just want to be able to have it in the record that that we make it available. [2:21:11] So I think David instead. It. [2:21:13] Will have it for the minutes and. And. [2:21:18] I would say the [2:21:21] to see the cost of the things that are specified here. [2:21:24] The union leader cost, [2:21:28] the postage. [2:21:29] To certify. The certification costs. [2:21:32] I mean, I, I know that the post office has up their fees, [2:21:35] but I don't know to what extent. [2:21:37] I know there's something significant here. [2:21:40] Be a question to explore how many people really like [2:21:45] getting a envelope [2:21:49] going on. [2:21:50] Is it is it possible that we could do, like many organizations have done [2:21:56] and just go to electronic notification? [2:22:00] Or is it some, or is it a legal requirement [2:22:03] that the board get it in hard copy? [2:22:06] I don't know the answer to that. [2:22:08] I mean, I get all of the PDF electronically. [2:22:11] I mailed copy. [2:22:12] Because as I think all of us do, but I mean, do we really need the hard copy? [2:22:17] Besides. [2:22:20] I mean, I look at this table, it's almost like a building permit thing. [2:22:23] It's got residential, a one house unit of duplex [2:22:27] residential, be 2 or 3 houses, units or duplexes. [2:22:30] We don't have applications like that, do we? [2:22:34] Well. [2:22:34] When the commercial industrial three or residential, other. [2:22:39] Than they put in their applications, they have to check off [2:22:43] what what it falls under. [2:22:45] To send the notifications. [2:22:46] They would have to send it to each family in the multifamily. [2:22:49] So then everybody gets notified and that I'm guessing. [2:22:53] But it would be nice to see. [2:22:54] But I'm guessing that that's why it's more for each one [2:22:57] as well as if you need to notify [2:23:01] in a condo complex everyone in the condo for something I don't know, even work. [2:23:06] That way. [2:23:07] Do you want to send it to the manager of the. [2:23:09] Condo complex? [2:23:12] It's up to them to give it to the 13 or 18, 20, whatever hundred. [2:23:17] I would assume part. Of. [2:23:18] These fees is not only, but specifically when we're looking at the residential [2:23:23] A, residential B commercial C categories, I would assume part of [2:23:26] it is also factoring in the cost of staff time with these applications. [2:23:30] A residential a one house [2:23:32] unit or duplex is going to be a lot simpler than looking at if, [2:23:37] you know, since they've been so much in the news around the country, [2:23:40] a data center is trying to come in [2:23:41] and has this huge thing that they're trying to take away. [2:23:45] Some part of the agricultural district that's going to take a lot more staff [2:23:50] time to review a much more extensive application [2:23:55] that's going to fall under that, that third category [2:23:59] that's going to have a higher cost because it's going to require more time. [2:24:04] I can think of things if you've got [2:24:06] 30 or 40 of butters versus a handful [2:24:10] for a residential project, just the amount of time to develop, [2:24:15] develop a mailing list of a Butters certification. [2:24:19] My guess would be that that average is out. [2:24:21] You know, for the ones that have won a butter versus those that have 300. But [2:24:27] I don't know [2:24:29] that that [2:24:31] I don't think we need to have documentation [2:24:34] to like the minute of staff time. [2:24:37] Like I said, I'd just like to know what the union leader classified [2:24:40] ad costs like, how did they go up so that we can turn around and say, well, [2:24:44] somebody says, did the board do a good job of allowing these fees? [2:24:48] We can say yes to. [2:24:50] All right. [2:24:50] Can I make can I make a motion on [2:24:54] I move that we table action [2:24:57] on these fees to the next regular meeting, [2:25:01] and that we request staff to provide [2:25:05] justification for the numbers, back up [2:25:09] materials for this for the next meeting. [2:25:13] I would. Say that. [2:25:14] You're about an alternate [2:25:17] I think I said. You yeah. [2:25:19] So, all right, so we have a motion from Len, second from me. [2:25:24] All in favor? Aye. [2:25:26] Opposed? Motion carries. So. [2:25:32] So that is [2:25:35] agenda. [2:25:36] So do we have a motion to adjourn? [2:25:39] So move. [2:25:40] Move from Bruce. [2:25:41] Second from John. [2:25:44] Charlie, you're the voting alternate. All in favor? [2:25:47] All right. [2:25:48] Closed. Motion carries. [2:25:50] Have a good evening, everyone.