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[0:03]
Welcome to the Town of Dairy Planning Board meeting
[0:06]
for April 1st, 2026.
[0:09]
We promise we won't make any foolish decisions tonight.
[0:12]
We normally start with Pledge
[0:13]
of Allegiance if you would rise and join me.
[0:18]
Aye. Pledge Pledge. The United States of America.
[0:22]
America Republic stands one nation under
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indivisible with liberty and justice.
[0:35]
I'll start with some administrivia.
[0:38]
The playing board voluntarily continues
[0:40]
to offer remote participation.
[0:42]
If any member of the planning board participates remotely,
[0:45]
the vote shall be by roll call.
[0:47]
To attend this meeting remotely using a computer
[0:50]
or smartphone, point your browser to
[0:55]
www zoom us.
[0:57]
Enter meeting ID
[0:59]
seven five four six six three nine one two.
[1:03]
You may also call in by phone for audio only.
[1:06]
Phone number is (646) 558-8656.
[1:11]
Same meeting ID 7 5 4 6 6 3 9 1 2.
[1:17]
If you have problems on the technical nature,
[1:20]
call (603) 845-5585.
[1:24]
If you're on the phone and you want to participate,
[1:27]
hit star nine to raise your hand to be recognized.
[1:30]
And star six two.
[1:32]
Unmute yourself once you have been recognized
[1:35]
and if there is an alarm activation, please use the exit
[1:39]
where you came in at the rear of the room
[1:41]
or the exit to my right, to your left, which will
[1:44]
unlock when the alarm sounds.
[1:48]
I will now introduce the staff
[1:50]
and members present tonight to my far right alternate.
[1:54]
Mr. Mousy. Good evening, Mr. Appleton.
[1:56]
Evening planning Director Ms. Du. Good evening clerk.
[2:00]
Ms. Wilson Town Council Liaison.
[2:05]
Mr. Chase. Good evening.
[2:08]
Newly appointed permanent member, Mr. Wood, congratulations.
[2:12]
Thank you. Good evening, Mr. Menini. Good evening.
[2:15]
Our vice chair. Mr. O'Connor. Good evening.
[2:18]
My far left is our Community Access media coordinator. Mr.
[2:23]
Preventer. Good evening. Member Mr.
[2:25]
Fishman, Town Administrator Representative. Mr.
[2:31]
Ello. Good evening, Mr. Pier. Good evening.
[2:34]
And and secretary. Mr. Alibi. I'm Dave Nelson.
[2:37]
I'm the chair. So being our organizational meeting
[2:42]
of the year, the first thing we do is,
[2:46]
is election of officers.
[2:48]
And I guess I, I should ask whether everyone who was,
[2:51]
whose term was up, did everyone get their oath conducted?
[2:54]
I was informed, Yes. Okay, great.
[2:58]
So on the election of officers, let's start with the chair.
[3:02]
Are there any nominations, Mr.
[3:04]
Chair, for chair for this year,
[3:05]
I would like to nominate yourself Mr. David Nelson.
[3:08]
Second. Okay. Second.
[3:09]
There've been a no nomination
[3:11]
for Mr. O'Connor, seconded by Mr.
[3:13]
Fishman for David Nelson as chair for the coming years.
[3:16]
There. Any other nominations,
[3:19]
if not Mr. Chase?
[3:22]
Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes.
[3:27]
Yes. Mr. Fisherman. Mr. Churchill? Yes. Mr. Paler? Yes. Mr.
[3:31]
Malley? Yes. And I'll gladly accept and vote. Yes.
[3:34]
Next we have the vice chair.
[3:37]
I would like to nominate John O'Connor. Second.
[3:40]
So nomination by Brian Ello. Seconded by Mr. Intervening.
[3:44]
Was it? Yes. I wasn't looking for the position
[3:48]
of vice chair for the coming year.
[3:50]
Are there any other nominations? Not Mr. Chase.
[3:54]
Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes.
[4:00]
Mr. Fisherman? Yes. Mr. Chair Cello? Yes. Mr. Pier? Yes.
[4:03]
And Mr. Maby? Yes. And chair votes? Yes. Thank you.
[4:06]
And finally, for secretary, do we have a nomination
[4:09]
for secretary for the coming year? I'd
[4:10]
Like to nominate Mr.
[4:11]
Maby. Second.
[4:13]
Okay. So O'Connor moves Peir seconds.
[4:17]
The nomination of Malibu for secretary for the coming year.
[4:20]
Are there any other nominations? Mr. Chase? Yes.
[4:25]
Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes. Mr.
[4:28]
Fisherman? Yes. Mr. Ello? Yes. Mr. Pelletier? Yes. Mr.
[4:32]
Maby grateful? Yes. Right. And the chair votes? Yes.
[4:36]
Sadly, your correspondence folder is still empty tonight.
[4:39]
They don't care about me.
[4:42]
Let's move on to regular order of business. First is escrow.
[4:46]
We have item number 26 0 8 to establish
[4:52]
for durable trailers.
[4:54]
Okay. So the project name is seven a street change of use
[4:58]
for durable trailers.
[4:59]
LLC. The escrow type is cash escrow
[5:02]
and the property is located at seven a street.
[5:05]
The request is to establish cash escrow in the amount
[5:08]
of $22,626 and 25 cents for the above noted project.
[5:14]
This escrow is non-interest bearing.
[5:17]
Okay. What is the board's pleasure?
[5:20]
Mr. Chair, please establish cash escrow in the amount
[5:23]
of $22,626 and 25 cents for the above noted project.
[5:28]
The escrow was in non-interest, barren and ISO move.
[5:31]
Second, moved by O'Connor, seconded by Melanie
[5:34]
to accept the escrow as presented.
[5:36]
Mr. Chase? Yes. Mr. W. Mr. Wood? Yes. Mr. Veni? Yes.
[5:41]
Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. Ello? Yes. Mr.
[5:46]
Pier? Yes. Mr. Maby? Yes. And the chair votes? Yes. Great.
[5:49]
Next item on the agenda is item 26 dash oh nine.
[5:54]
Annual review of our cash escrow balances.
[5:57]
Okay. So these escrow balances are as
[6:00]
of March 4th, 2020 sixth.
[6:04]
Running down the list.
[6:05]
There are some that you'll note are a little bit older.
[6:08]
The T-Mobile northeast is a,
[6:10]
that's a removal bond type thing.
[6:12]
So that will kind of remain in perpetuity for a cell tower.
[6:17]
The Kershaw escrow is for the completion
[6:21]
of the, the little mini putt putt area.
[6:27]
They haven't moved forward with with that.
[6:29]
So we will hold escrow on that.
[6:31]
And then the remainder are not quite as old
[6:35]
and these numbers have been reviewed
[6:38]
and the amounts deemed adequate for any remaining work.
[6:43]
Okay. And I assume that all of these
[6:47]
plans have met the criteria for active
[6:49]
and substantial developments.
[6:50]
So they are
[6:52]
Not Meeting extensions.
[6:53]
Correct? I know of prime storage. We looked at that one.
[6:56]
The other, the other day.
[6:58]
That one is just in June of this year.
[7:00]
It will lose its vesting for
[7:04]
any pretend any zoning changes that have happened.
[7:06]
But they are, they're all able
[7:10]
to be developed as is.
[7:12]
Okay. And so your recommendation is to find the
[7:16]
escrows adequate?
[7:18]
Yes. What is the board's pleasure on that
[7:22]
Mr.
[7:23]
Chair? I move to find the list
[7:23]
of the open cash escrows are held in the amounts which
[7:26]
provide adequate security
[7:27]
for the proposed length of the project.
[7:29]
The amounts listed above are in the ending principle
[7:33]
and interest amounts as of March 4th, 2026.
[7:37]
Number 26 dash nine. So I so move.
[7:40]
Second. Moved by O'Connor, seconded by Malibu to find the
[7:45]
escrow accounts sufficient.
[7:46]
Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes.
[7:51]
Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. Ello? Yes.
[7:54]
Palantier? Yes. Mr. Maby? Yes. Chair votes? Yes.
[7:59]
And now we move on to minutes.
[8:02]
We have before US approval of minutes
[8:05]
for March 18th, 2026.
[8:07]
Has anyone seen any errors or omissions?
[8:14]
If not, what is the board's pleasure
[8:15]
Seeing Nobody raise their hands.
[8:16]
I move to accept as written. Mr. Chair. Second.
[8:20]
Moved by O'Connor, seconded by Malibu
[8:22]
to accept the minutes of March 18th as written.
[8:25]
Mr. Chase, I will abstain. I was not present. Mr. Wood? Yes.
[8:30]
Mr. Menini? Yes. Mr. O'Connor? Yes. Mr. Fishman.
[8:33]
I'll abstain. I was not present. Mr. Ella? Yes. Mr. Pier?
[8:37]
Yes. Mr. Libby? Yes. And chair votes? Yes.
[8:41]
Next item is annual review of non-public minutes.
[8:43]
We don't have any. We released all of them. Wow. Last year.
[8:48]
So nothing really to do on that other than announced
[8:50]
that we don't have any correspondence.
[8:56]
Sadly, the correspondence file is empty, so,
[9:02]
so we'll move on to other business.
[9:05]
We have Parcel ID 0 3 1 2 9 Parcel ID
[9:08]
0 3 0 7 6 8 Stark Road
[9:11]
and 2 0 2 Rockingham Road.
[9:15]
It is a voluntary merger.
[9:18]
Okay. So Mr. Palmer owns two
[9:22]
adjacent lots in common ownership.
[9:23]
One front's on Stark
[9:25]
and the other front's on Rockingham Road.
[9:27]
The intent is to voluntarily merge the lots.
[9:30]
Eight Stark Road is just over 10 acres
[9:35]
and currently there's a garlic farm on it.
[9:39]
The lot is also slightly encumbered
[9:41]
with a billboard easement,
[9:42]
but that does not affect the merger.
[9:44]
2 0 2 Rockingham Road is a little less than an acre
[9:47]
and it's a triangle piece of land adjacent
[9:49]
to the Rockingham Rail Trail.
[9:51]
2 0 2 Rockingham Road will be deleted.
[9:53]
An eight Stark Road retained.
[9:57]
These voluntary mergers are approved pursuant to
[10:00]
RA 6 74 39 A and we do not require a public hearing.
[10:04]
So the recommendation would be
[10:05]
to approve the voluntary merger.
[10:08]
Okay. Where's our minute maker here?
[10:15]
So do we need to accept jurisdiction on this? No. No.
[10:19]
Alright. Any questions?
[10:23]
If not, what is the board's pleasure? Okay,
[10:25]
Mr.
[10:26]
Chair, move to approve the voluntary merger
[10:28]
of eight Stock Road and 2 0 2 Rockingham Road.
[10:33]
The parcel to be retained is PID
[10:36]
0 3 1 2 9 8 Stock Road.
[10:40]
The parcel to be deleted is PID
[10:43]
zero three zero seven six two hundred and two
[10:47]
Rockingham Road. So move.
[10:50]
Okay. It moved by O'Connor, seconded by Mallie
[10:52]
to approve the voluntary merger.
[10:55]
Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes.
[10:58]
Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. Chair Cello? Yes.
[11:02]
Mr. Pier? Yes. Mr. Maby? Yes. Chair votes? Yes.
[11:08]
The, we have annual review of board policy and procedures
[11:11]
and there were some items in our packet regarding that.
[11:18]
We should review those. I don't know
[11:20]
that we necessarily need to make a final decision tonight,
[11:22]
especially if, if there are some things
[11:24]
that maybe need some research.
[11:27]
But maybe Ms.
[11:29]
Roberta, would you please review the suggestions with us?
[11:33]
Okay. I can. So there no legislative changes have occurred
[11:38]
that would require any updates at this time
[11:42]
when we were looking
[11:43]
or kind of looking through what we have for language
[11:47]
under section five, conduct of meetings.
[11:49]
There's manner of voting.
[11:52]
We have been doing roll call votes on almost all votes.
[11:56]
We don't necessarily have to do that.
[11:58]
So I thought it might be a good idea for the board to kind
[12:01]
of take a look at that and see when it's
[12:03]
appropriate to do roll call.
[12:05]
Always. When we have a virtual a member attending virtually,
[12:08]
then all votes are by roll call.
[12:10]
But for things like, you know,
[12:15]
things that are like open a public hearing or,
[12:18]
or they're not substantive that are, could be appealable.
[12:23]
We could probably do the, the, you know, eyes have it.
[12:26]
But I would appreciative if the board could kind
[12:29]
of take a look at that and gimme some feedback as
[12:31]
to which way they wanna go.
[12:33]
I don't know if we have to incorporate
[12:34]
it into the procedures.
[12:35]
We can if we want to. But at least take a look at that.
[12:40]
One of the things in, I know some
[12:42]
of you have Al also took the training
[12:45]
under Section six Order of Business. Can we
[12:48]
Go ahead and stop?
[12:49]
Let's discuss these one at a time. Okay. Yep.
[12:54]
So yes, my practice has been to always take a roll call,
[12:59]
vote on anything that's an approval
[13:01]
or decision that would result in a notice of decision.
[13:05]
And then take eyes
[13:07]
and nays on purely procedural things such as
[13:11]
opening public hearings, closing public hearings,
[13:14]
adjourning things that will not affect anyone's application.
[13:19]
So if we wanna put that in the rules, then that's fine.
[13:22]
But that has been my, my practice just
[13:26]
to make them the meetings move more smoothly.
[13:28]
Does anyone have any thoughts or concerns about that?
[13:33]
No, I'm fine with that. Okay. Hearing none.
[13:36]
Alright, let's move on to the next one. Okay.
[13:39]
So one of the trainings that was conducted
[13:43]
by New Hampshire, BEA, indicated
[13:46]
that the planning board should vote on a waiver request
[13:49]
prior to accepting jurisdiction.
[13:51]
Their rationale was that if, if there are checklist items
[13:55]
and you have to meet all of the checklist items in order to
[14:00]
accept jurisdiction, if someone's asked
[14:04]
for a waiver from one of those until the board votes up
[14:06]
or down on that waiver, then that item is left open.
[14:12]
It has not been the board's policy
[14:15]
to operate in that manner.
[14:18]
And I'm was a little confused
[14:21]
and I had mentioned it to Mr. Nelson
[14:25]
that I don't know how we are accepting jurisdiction
[14:28]
and then we open the public hearing
[14:29]
after that our decisions are made during a public hearing.
[14:34]
So we're looking for guidance from the board.
[14:37]
How you wanna, I suggest, proceed,
[14:38]
Suggest that there are two valid sides to this, right?
[14:41]
Yes. I mean, I think the point that the BEA is making
[14:46]
is that if there is a waiver request
[14:51]
that causes a substantial piece of information, a report,
[14:57]
a compliance with a regulation to be missing,
[15:01]
then it might be that the planning board would legitimately
[15:04]
say, there's not enough information here
[15:07]
for us to make a decision.
[15:09]
And you would like them to come back with
[15:13]
that information before you start?
[15:16]
I think it's currently what, a 60 day clock? Yes.
[15:19]
Once, once a plan hits our desk, we have 60 days to,
[15:22]
you know, accept or, or, or,
[15:24]
or deny, you know, it could be with or without prejudice.
[15:27]
And, and so that's a that's a good point.
[15:31]
The other thing that concerns me is, is what Ms.
[15:33]
Robo points out that waivers are in the statute, we have
[15:38]
to have a waiver process.
[15:40]
They're expected to be granted as part of application
[15:44]
deliberation and application deliberation is supposed to be
[15:49]
during and after a public hearing.
[15:52]
And so making substantive decisions on whether we would
[15:57]
or would not grant a waiver
[15:58]
before we even accept jurisdiction gets
[16:01]
us a file on the other side of that.
[16:02]
So maybe we try
[16:06]
to split it in the middle and,
[16:08]
and have the staff report that
[16:12]
the waivers that are requested should cause the board
[16:16]
to have some concern about whether
[16:18]
there's sufficient information.
[16:21]
And in that case we would
[16:23]
not necessarily vote on the waivers
[16:26]
'cause I think we should do that in a public hearing.
[16:28]
But we might say the absence of that information,
[16:31]
whether it's requested a waiver
[16:33]
or not, is not sufficient for us to, to proceed.
[16:37]
I think we can maybe have it both ways
[16:39]
and not get a foul of Okay.
[16:41]
Of the law that way. Anyone? Yeah, so I
[16:43]
I I'm just thinking it's almost backwards to me
[16:45]
because when you accept jurisdiction,
[16:48]
you're basically saying that the plan is complete.
[16:50]
If I don't accept jurisdiction,
[16:52]
you're saying there's something missing.
[16:54]
So why would I approve a waiver on a, on something
[16:56]
that's I feel is not complete doesn't make sense to me.
[16:59]
Yeah. It's almost backwards to me. Well, so
[17:02]
Waivers, we, we have occasionally gone against the advice
[17:06]
of our, you know, I'll,
[17:07]
I'll pick on the engineering department.
[17:09]
They wanted X, Y, Z and the applicant requested a waiver
[17:13]
and we heard the testimony
[17:15]
and we decided, you know what,
[17:16]
we're gonna grant the waiver even though the engineering
[17:18]
department didn't support that because that's our function.
[17:22]
So there can be things missing from the checklist,
[17:26]
but that doesn't mean that the planning board should
[17:28]
automatically reject the application.
[17:32]
'cause the, the applicant has a kind of constitutional right
[17:35]
to have their day before the quasi judicial body
[17:37]
of the planning board and ask for a waiver.
[17:39]
Yeah. So, and then once we take jurisdiction,
[17:42]
as you mentioned, the, the clock starts, correct?
[17:44]
Yes it Does. Yep. So now, you know,
[17:47]
you've gotta have everything, all your ducks in a row.
[17:49]
That's why I'm thinking when, when I heard that,
[17:51]
it almost sounds like everything was backwards
[17:52]
There.
[17:53]
Yeah. So I mean, for things, if we had a large
[17:56]
large traffic user come to town
[17:59]
and they submitted a waiver request to the planning board
[18:02]
to not submit a traffic report,
[18:05]
I would definitely in my staff report say,
[18:09]
I would recommend you find the application incomplete.
[18:11]
They've asked for a waiver to not supply a traffic report.
[18:15]
That's, that's something you're really gonna need
[18:17]
to make an informed decision.
[18:18]
Obviously it's the board's decision whether they want
[18:21]
to accept it as complete and then vote on the waiver late
[18:23]
or, but things like that, those type of checklist items
[18:29]
that have a big impact on your decision making process.
[18:32]
I think you, we would, if they submitted a waiver request,
[18:36]
we would bring it up, you know, ahead of time for you guys
[18:39]
to look at when you accept jurisdiction.
[18:41]
But things like ask for a waiver
[18:45]
to not put a granite bound there
[18:47]
because it's an existing iron pin on a corner
[18:50]
or, you know, things that, or snapping Yeah.
[18:53]
Even though technically bounds are part of the checklist,
[18:55]
that's something that really should be discussed
[18:57]
during a public hearing to see if it's, so there's that.
[19:01]
Oh, but I wanted clear direction
[19:04]
because when I attended the workshop I was like, oh no.
[19:09]
Like I've been telling you wrong things all along,
[19:12]
but I, I think, you know, there's an argument
[19:13]
for both sides of it.
[19:15]
Mr. Conan, you had a comment? Yeah.
[19:17]
Most of it's administrative.
[19:20]
One of the questions I have is that there's two divisions.
[19:24]
There's the subdivision regulation
[19:25]
60, 74 36, which is optional.
[19:30]
And then there's site plan regulation 6 74 44 is required.
[19:35]
So we may have to need two explanations if we do decide
[19:39]
to put something into the policy and procedures
[19:42]
and need to break out which one is which
[19:45]
and what do we have to fall to if we
[19:47]
have a particular state.
[19:49]
Well, it sounds like dairy require both
[19:54]
subdivision and site plan.
[19:56]
I I have a feeling that that BEA legal advice might have
[20:01]
been more targeted towards smaller towns
[20:03]
that don't have professional staff where, you know,
[20:05]
you get five members of the planning board
[20:07]
and they're trying to figure this out
[20:08]
on a, on a Thursday night.
[20:09]
Right. So we have the advantage
[20:13]
of having professional staff
[20:14]
and if it is a big plan, it will be subject to
[20:19]
outside engineering peer review.
[20:20]
Yes. So,
[20:22]
Okay.
[20:23]
So I, I think we're okay.
[20:24]
I, I really wanted to have this discussion to get input,
[20:27]
but I mean, I, I think we're okay proceeding
[20:29]
the way that we have been. I,
[20:32]
I prefer that.
[20:33]
Okay. Alright. So
[20:34]
Does anyone else have a different opinion than
[20:38]
the consensus that we ought to continue the way we're doing?
[20:42]
Except for if somebody comes in
[20:45]
with an egregious missing piece, staff will flag that
[20:48]
and we'll, we won't make accepting jurisdiction a gimme
[20:52]
we'll, we'll abate it.
[20:54]
Right? Okay. Because we, we, but I'll be honest,
[20:56]
because we have such professional staff,
[20:58]
because we have a TRC review process,
[21:00]
we don't really get applicants that come in with
[21:03]
big missing pieces.
[21:05]
No. Sometimes they wanna waive TRC review.
[21:09]
Well, We've had those. Okay. But, but that's okay.
[21:12]
Alright, so moving on in the, oh, developments
[21:17]
of regional impact.
[21:19]
So this raises an interesting point about how,
[21:23]
how we do no votes.
[21:25]
Because technically if you make the emotion
[21:29]
and the affirmative and everyone votes no.
[21:31]
As we have been doing, it's not a,
[21:35]
it's really not a negative.
[21:36]
We're supposed to go and make another motion so
[21:40]
we don't feel it has regional impact.
[21:42]
And then you vote again to say, I move
[21:45]
that this plan does not have regional impact
[21:47]
for the reasons we just cited.
[21:48]
Like that technically is the way it's supposed to. So
[21:51]
Two, so you're basically doing it
[21:52]
Twice.
[21:53]
Yeah. So if there, it's, there's a no vote,
[21:54]
it should be two votes.
[21:55]
So the, the rationale behind this,
[21:57]
'cause I, I've actually heard this from lawyers in,
[21:59]
in law lectures, especially on applications,
[22:04]
Applications are almost always conditional
[22:09]
and they're always abut our concerns and mitigations.
[22:13]
And so it's not a binary thing.
[22:16]
In other words, we may have members on the board
[22:20]
who would vote for an application
[22:23]
if it didn't grant this waiver
[22:25]
and it had mitigation for that abut So it, it,
[22:28]
it, it's a menu.
[22:29]
It's not a an up or down.
[22:32]
On the other hand, the way I look at
[22:34]
regional impact either is or isn't.
[22:36]
Correct. So I don't think it matters how we vote
[22:41]
on that because there's no conditions that we could apply
[22:45]
to a decision on regional impact.
[22:47]
That was, that's the way I look at it.
[22:48]
But, and I'm looking at
[22:49]
how does everyone else think about it?
[22:51]
Two separate motions doesn't really change the intent.
[22:54]
I mean, we can vote a certain way and the intent explained.
[22:59]
So to make a second motion just to, to vote yes
[23:02]
after the no doesn't really, it just
[23:04]
That that's what I, silly always the,
[23:06]
that's always been my thought process.
[23:08]
But I think technically, so if you had an application
[23:13]
and it came down to
[23:19]
it was like, you know, the majority voted no
[23:23]
and a couple members voted yes for the application,
[23:26]
the way we've been voting now,
[23:28]
the application would be denied.
[23:30]
But what
[23:34]
We're talking about regional impact now,
[23:35]
Right?
[23:36]
I was using that as an example. Yeah.
[23:37]
So for on applications, absolutely I believe that the,
[23:40]
the correct legal, because you can't get a majority of folks
[23:45]
who agreed to the motion with its set of conditions
[23:48]
as it was presented, that basically is, is just a failure
[23:53]
to reach a decision what you're supposed to do.
[23:56]
If you have a no vote on a motion of conditional approval,
[24:00]
you're supposed to reopen discussion
[24:02]
and say, well how could we change the terms
[24:06]
of the approval to get to Yes.
[24:08]
And that's because you're supposed to protect the rights
[24:12]
of developers and landowners.
[24:15]
The fact that we, you know, did not get a majority
[24:18]
for a particular package of conditions and, and,
[24:22]
and, and factors that is, that is not the same as a denial
[24:27]
that just simply means you didn't make the, the soup Right.
[24:30]
And you didn't get to Yes.
[24:31]
So I, I actually was on the planning board when,
[24:36]
or we lost a lawsuit
[24:37]
and it was explained to us that that's what we needed to do.
[24:40]
So, okay, so
[24:43]
for applications, absolutely.
[24:45]
Okay. A failure to get a
[24:48]
majority on a affirmative motion is not a decision,
[24:51]
it's a failure to reach a decision. Okay.
[24:54]
So moving forward will still do the development
[24:57]
of regional impact is impacts will still be the No, no, no,
[25:00]
no nos unless it is Yes.
[25:02]
And then for applications, it'll be at the call
[25:07]
of the chair if, if we get a series of nos to decide Yes.
[25:10]
If we wanna reopen that,
[25:12]
If that ever happens, you know, okay.
[25:13]
Staff, please remind me. Okay.
[25:15]
Or whoever is sitting in the chair at that time. Okay.
[25:18]
Because we so rarely actually get to a a no. Okay.
[25:22]
That we're maybe out of practice.
[25:24]
But yes, if we fail to reach a majority yes.
[25:28]
On an affirmative action, affirm affirmative motion
[25:32]
for approval, then we need to open up the discussion
[25:35]
and see if something else would get to Yes. Mr. Menini
[25:39]
On, on a vote, like the regional determination
[25:44]
of regional impact, is there any reason why a planning board
[25:47]
member couldn't motion right from the start?
[25:51]
No, this does not constitute a regional impact.
[25:55]
We, we could, again, it it is different than other
[26:00]
motions in in a sense.
[26:01]
'cause it, it, it's either yes or no. It it is or it isn't.
[26:05]
But we have a longstanding practice
[26:07]
that we always make motions in the affirmative is that,
[26:11]
you know, gospel, I don't know, maybe not
[26:14]
It's canon, but yeah, I don't, I guess we could, it, it,
[26:19]
I kind of like the way we do it
[26:22]
because it, it keeps that make it always make, I, I like
[26:27]
that we always do it in the affirmative and then we vote no.
[26:30]
And I'm afraid if we start changing that, if we fall out of
[26:34]
that practice, if someone has a plan that comes forward
[26:38]
and we're used to saying, well I don't agree with that,
[26:40]
so I make my motion in that I vote to deny this application
[26:43]
because then like we've, we've stepped outside the lines.
[26:47]
But as always, this is at the board's call and pleasure.
[26:51]
Yeah. And we're lucky we always have Mr. Chase sitting in
[26:53]
that for seat and he, he sets us off with it.
[26:58]
It's supposed to be yes or no. We just a lot of pressure.
[27:01]
Yeah. You rely on your expertise Mr. Chase. Yeah.
[27:07]
That's why he makes the big money over there. Yeah. Okay.
[27:10]
Alright. So is everyone happy
[27:12]
with that issue?
[27:17]
We can move on to, okay.
[27:19]
And if nobody has any suggested changes for the policy
[27:23]
and procedures, then we could,
[27:26]
we could vote at the next meeting to accept them, you know,
[27:29]
or to not change them and just keep moving on with them.
[27:34]
But if you do have some, please send them to me.
[27:37]
Alright. So yeah, I mean we got the, we got the slide deck
[27:40]
so I think we gotta wait till next meeting to
[27:44]
make a decision so that we have a chance to look at this.
[27:50]
Okay, thank you very much.
[27:51]
Okay, thank you. Okay, next is
[27:57]
plan planning director and chairman updates.
[28:00]
Okay.
[28:01]
So what I thought I might do is just
[28:08]
fill you in because we don't have applications before
[28:11]
and there can't be any pre-judging of applications,
[28:15]
but I would like to let you know
[28:16]
what staff is working on behind the scenes.
[28:19]
I can let you know in a generic sense
[28:21]
what we've been working on
[28:23]
for technical review since the beginning of the year.
[28:26]
It was pretty quiet. In January
[28:27]
and February, March we have been slammed,
[28:30]
we're doing two or three a week.
[28:31]
So we had, we reviewed an application for redevelopment
[28:36]
for about 3,800 square feet of commercial use
[28:40]
with associated parking and draining drainage.
[28:44]
A 12 lot subdivision redevelopment
[28:48]
of over 12,000 square feet of mixed use commercial.
[28:54]
We did review a site plan amendment involving 3000 square
[28:59]
feet of commercial use,
[29:01]
but the applicant decided they weren't
[29:03]
gonna move forward with that.
[29:04]
So that won't be coming to the planning board.
[29:07]
There was another two lots subdivision.
[29:09]
And then most recently we reviewed a new site plan
[29:13]
for light industrial
[29:15]
for about 20,000 square feet of new use
[29:20]
with associated parking and drainage.
[29:23]
Hmm. Nice. So yeah, so you've got,
[29:24]
you've got a lot coming and,
[29:27]
and I think, you know, this list kind of pinpoints what
[29:32]
with TRC, not the things that we work on don't always get
[29:37]
to the board because for some reason
[29:39]
or another there might be land that is too,
[29:42]
it's just not easily developed.
[29:44]
And what they want to bring before us is they can't do it
[29:48]
'cause they can't, they just can't meet the regulations,
[29:50]
they can't get the a OT or they can't do certain things.
[29:53]
So not everything we work on comes to you,
[29:56]
but you know, the more majority does.
[29:58]
But I thought it might be nice like every couple of months
[30:01]
to give you an update on, you know,
[30:02]
what we've been working on.
[30:04]
And so you can anticipate what's coming to you.
[30:08]
Great. Any questions on that? No, no.
[30:13]
In terms of the chairman update, the only I have is that
[30:15]
with the elevation of Mr. Wood to a, a full member seat,
[30:19]
we now have a vacancy for an alternate position to fill
[30:23]
a three year term that he was expiring
[30:29]
in in March 31st.
[30:30]
So again, if you think we're having fun here
[30:33]
or you'd like to help your community
[30:35]
and invite you to go to the town's website
[30:37]
and fill in an application
[30:39]
'cause we can get you added to our rank of alternates.
[30:45]
Alright, next is a workshop to discuss goals,
[30:50]
procedures, and policy, although we kind of discussed that
[30:52]
and to set priority for future board actions.
[30:59]
Okay. So I think a couple
[31:02]
meetings ago I had asked if the board members had any goals
[31:05]
that they were kind of wanting to put forward
[31:08]
'cause this is a good meeting to set, kind
[31:10]
of set those priorities.
[31:12]
But I did wanna note that
[31:15]
as we've been looking at applications
[31:17]
and how they conform to our, our zoning
[31:20]
and our land development control regulations,
[31:22]
there's some things that have come up
[31:24]
that have been a little quirky.
[31:26]
The code enforcement officer
[31:27]
and I, we meet daily sometimes two or three times a day and,
[31:31]
and we, we've been struggling
[31:33]
with some things in the zoning ordinance
[31:34]
or things have come up
[31:35]
and we're like, oh, this doesn't really make sense.
[31:38]
Anyone who's been in my office knows
[31:40]
that I have a big whiteboard behind my desk
[31:43]
and is completely covered with things
[31:44]
and every time something comes
[31:45]
up I put it on the whiteboard.
[31:47]
So there's an ongoing do list of things
[31:49]
that we could look at.
[31:54]
So what I came up with, I sat down
[31:58]
with Carrie Owen, our code enforcement officer,
[32:00]
and we kind of looked through, there were some things
[32:03]
that the chair and I had talked about,
[32:05]
you know, over the last few months.
[32:06]
And then Carrie and I had looked
[32:08]
through the list on the board and things that had come up.
[32:11]
So what I had pres what I'm presenting to you is kind
[32:15]
of a list of things that I would like the board to consider
[32:18]
and if you would agree we can, we can get them on a list
[32:21]
and maybe prioritize them.
[32:23]
And we are working on the CBD amendments with regard
[32:27]
to medium density
[32:29]
and low medium density residential Over the last 10 years,
[32:33]
water has been extended to areas that
[32:37]
previously didn't have it.
[32:40]
And those lots with that particular zoning were designated
[32:44]
with minimum lot areas.
[32:46]
So we could accommodate septics
[32:47]
and wells now that water is available to those areas,
[32:51]
it might make sense to kind of look at maybe relaxing
[32:56]
that area requirement, not necessarily frontage
[32:59]
or any of that, but like the area requirement
[33:02]
or the minimum lot area.
[33:04]
And it would, where we have the,
[33:07]
the municipal water available, we can, you know, kind
[33:10]
of relax that radius that we might have needed
[33:12]
and it would also allow for a little bit more density
[33:16]
but not too much density in these areas.
[33:18]
So I would ask if the board would maybe consider that.
[33:24]
I mean, I think it's a good thing to review
[33:26]
as we add infrastructure.
[33:29]
I was always under the impression that I sewer or,
[33:33]
or subsurface, you know, private septic was the kind
[33:37]
of controlling factor for density
[33:38]
because yes, there is a protective radius on the well,
[33:42]
but that's fairly easy to,
[33:46]
to me easier than the, the private septic system design.
[33:50]
So I think it would be good to review that. Okay. I agree.
[33:55]
I don't know that the water alone will necessarily make a
[33:58]
big difference, but we ought to have that
[33:59]
data in front of us, I think.
[34:00]
Okay. Does anyone all feel differently or agree
[34:04]
Or No?
[34:05]
I, I think we have to because if you're in a particular zone
[34:07]
and now you have water and sewer, as Dave mentioned, water
[34:10]
and sewer typically meant you could build on, I dunno
[34:13]
what it was, 10,000 square feet.
[34:15]
Yeah. Because you have water and sewer.
[34:17]
But if you're in a zone that has water and sewer now,
[34:20]
but the zone itself requires X amount of land,
[34:23]
but you've got water and sewer.
[34:25]
So now you've got competing areas of of that
[34:29]
that don't make sense together.
[34:31]
Beyond that, I, I don't know, we,
[34:33]
we were tracking this in the last legislative session.
[34:36]
There was a bill that would limit the ability
[34:41]
of towns to have I think what more than two acres.
[34:46]
Everything was gonna be a maximum of one.
[34:49]
Like it was a one acre zoning every time. Yeah. I
[34:51]
Don't think, I don't think that's going anywhere, but
[34:53]
No, it didn't. But that
[34:54]
Was on there.
[34:55]
But yeah, but it, it said everything was gonna be just,
[34:56]
you know,
[34:58]
soils, septic and soil.
[35:02]
So that could come back
[35:05]
and having done this review would probably put us in a
[35:09]
good proactive position.
[35:11]
Yeah, I I I'd rather see non conflicting areas.
[35:15]
So if we do review it, we'll, we'll pick up on those.
[35:18]
Now was there some survey of this already in process?
[35:23]
Some somewhat in process? I'm sorry?
[35:25]
Was there a study all already in process?
[35:27]
I, I thought I heard maybe it was in the
[35:32]
capital plan discussion.
[35:35]
I don't know. Or maybe I dreamt it.
[35:37]
Yeah, I think, I'm trying to remember where I, I know that
[35:42]
we were looking at density stuff like that.
[35:44]
I think that's part of our master plan thing,
[35:47]
but I know water and sewer is being extended to areas
[35:50]
that we didn't think we would get it in like the next 20
[35:53]
years and they have it now.
[35:56]
So, and you know, some developers are extending water.
[35:59]
We you were part of that Southern
[36:00]
New Hampshire water project.
[36:01]
Yeah. So and oh that's what I was thinking. Yeah.
[36:04]
The Southern New Hampshire Water project.
[36:06]
So there's those we,
[36:08]
I think we really need to just look at it.
[36:11]
But I do think that you're correct on the CIP
[36:14]
that was presented by Mr. Fowler.
[36:16]
Was that the, like going down Ryan's hill
[36:20]
that they're talking about putting sewer in there?
[36:22]
Yeah. Yeah. And so, because a lot of that soils now is going
[36:26]
to concur with you is most of the soils over there.
[36:29]
You can't build anything but auto dealership.
[36:33]
But if you can correct it
[36:34]
and put septic in there, that mean that land opens up.
[36:37]
And same thing with east der a lot of the soils there are,
[36:41]
you need three acres Yeah.
[36:43]
To justify a septic. So
[36:45]
How would we do this?
[36:46]
Is this something that can be done in house with engineering
[36:48]
or do we need hire a consultant? We
[36:50]
Can do it in-house.
[36:51]
We can take a look at, it's
[36:53]
In Doug Rathburn should have stuff on
[36:55]
it. You're aware of all that stuff.
[36:56]
I know the engineering department rep is not here
[36:58]
while we're making that commitment.
[36:59]
But yeah, that's okay. We can take a look at,
[37:02]
we can take a look at our existing areas
[37:04]
that are zoned MDRL in LMDR.
[37:07]
We can look at where water
[37:10]
and sewer is has either has expanded
[37:13]
or is proposed
[37:14]
to be expanded within the next five or six years.
[37:16]
Yeah. And we can, we can take a look at that
[37:19]
and see what we have available for land
[37:22]
and that can help the board make a better
[37:24]
informed decision on that.
[37:25]
Yeah.
[37:27]
Yeah. 'cause I know that's been a long town goal
[37:30]
for Ryans Hill is to increase the marketability
[37:35]
of those properties more commercially.
[37:38]
So we, so the town can kind
[37:40]
of bring in more val overall value.
[37:41]
As someone mentioned the car lots, there's not a lot
[37:44]
of value there, but if you bring water
[37:46]
and sewer, you know,
[37:48]
now you can do different things on that hill.
[37:50]
It's just another area of town that we, they
[37:52]
that could potentially be built commercially
[37:56]
that will bring overall value to the town.
[37:59]
So I think, I think Mike Fowl has mentioned last year we
[38:02]
brought in $50 million worth of overall town value we did.
[38:07]
Which really helped the tax rate.
[38:09]
And I think this year he's got another 50,000.
[38:11]
We're gonna need that because I,
[38:13]
I know I'm going off on a tangent here,
[38:15]
but come December there's gonna be a big tax
[38:18]
bill increase coming up.
[38:20]
And so the biggest tool that the town has is
[38:25]
to bring in development to offset some of that.
[38:27]
So to kind of put into the overall value of the town.
[38:30]
So if we do look at these areas that have the water
[38:34]
and sewer then, and we can make some decisions like Ryan's
[38:37]
Hill and say, all right, we wanna do this
[38:39]
bigger densities and all that. So,
[38:41]
Okay.
[38:42]
So I, I will reiterate, I think I said oh,
[38:45]
long time ago when I, when we first convened last year,
[38:49]
alternates who are not sitting to vote are able
[38:54]
and encouraged to participate in these kinds of discussions.
[38:58]
So Oh yeah. If you have questions
[39:01]
or you have ideas, go ahead and chime in.
[39:04]
Otherwise I might end up, you know, picking on you.
[39:06]
You know. Anyone, anyone, anyone. Bueller?
[39:12]
So are we done with We're
[39:13]
Done with that one?
[39:14]
That one. Okay. Let's move, move on to the next.
[39:16]
So we have been talking for a little bit about creating
[39:18]
our non-normative workforce housing index.
[39:22]
We're supposed to have a workforce housing ordinance.
[39:25]
We, we support all of the things in the RSA
[39:30]
that speak to workforce housing, the types
[39:32]
of housing we allow and
[39:33]
where we allow it in the densities that we allow it.
[39:36]
But it's scattered throughout our zoning ordinance.
[39:39]
So that all kind of needs to be pulled together and,
[39:42]
and put in and have an index somewhere so
[39:44]
that people can look at it and, and see that we do conform.
[39:48]
So that's something that really should be done this year
[39:53]
and that's something that staff can work on
[39:55]
and just bring to the board.
[39:56]
But I just wanted to make sure
[39:57]
that the board was in agreement with
[39:59]
that goal. I'm seeing heads
[40:01]
Nodding so it's not normative.
[40:02]
'cause we don't wanna actually change inadvertently
[40:05]
change the, the zoning.
[40:07]
Would this actually be part of the ordinance?
[40:15]
I mean we can figure that out when we get there. Yeah.
[40:17]
I guess I'm, does it have to go to the town council?
[40:19]
If we add it to the ordinance, it would have to go
[40:22]
to town council because it would be in addition to one
[40:24]
of the articles and it would be a subsection. But
[40:26]
Is that what we were thinking at this point?
[40:29]
I'm not quite sure. I i,
[40:30]
I maybe pull all the information together
[40:32]
and see how we could Okay.
[40:34]
Or where we would insert it
[40:36]
and it, it, it, I don't know that it would, I don't know
[40:40]
that we wanna have it as an appendix,
[40:41]
but I think maybe when we pull all the data together
[40:45]
and bring it to the board, we can maybe discuss
[40:49]
where we think it best fits.
[40:50]
I mean, my only thought was that the description
[40:54]
of non-normative as being part of an ordinance is sort
[40:57]
of an oxymoron, but Right.
[40:58]
So we have to figure that out. But
[41:00]
Okay.
[41:01]
It could be that we, it's just an insert
[41:03]
that we put at in our ordinance at the beginning
[41:06]
or something after the table of contents. So
[41:09]
We wanna clear on what we're, we're doing here rather than
[41:13]
doing a massive edit of the zoning ordinance
[41:15]
and pulling all the pieces that have to do
[41:17]
with the workforce housing out
[41:19]
of the districts in which they exist
[41:20]
and putting 'em in, in one article.
[41:23]
We're making an index that points to all the pieces so
[41:26]
that if you're interested in
[41:27]
workforce housing, you can find them.
[41:28]
All right.
[41:30]
Okay. Okay. Alright. So I'll work on that.
[41:33]
And these are, I i,
[41:34]
these are just other things that came up.
[41:38]
Update the language regarding the ground in roof solar.
[41:41]
I think I'd mentioned when we did the Abbott court,
[41:44]
when we had the Abbott court discussion a little bit ago,
[41:47]
we don't talk about how we regulate rooftop.
[41:50]
So maybe we wanna look at that
[41:53]
update the time limit on the non-conforming use provision.
[41:57]
Right now we have language that says if the use lapses,
[42:02]
you have a year to put a similar,
[42:04]
exact same type use in there.
[42:07]
Are I, I don't know that it needs
[42:12]
to be a whole year for that
[42:16]
and maybe we decrease that.
[42:19]
Is there some case law on this though?
[42:22]
I can look into that. I wasn't aware
[42:25]
of any, but I'll double check.
[42:27]
Okay.
[42:33]
The only, Oh,
[42:34]
I'm sorry.
[42:35]
No, no, I I'm just thinking
[42:36]
that there may be legitimate reasons financing
[42:39]
insurance company dragging
[42:41]
their feet. There could be a lot of reasons.
[42:42]
That's what I was gonna say. If it's, if it's the fire
[42:44]
issue, sometimes it
[42:45]
Takes No, no, no.
[42:46]
So it would be, so say say I have a,
[42:53]
I have an ice cream parlor and it's in a residential zone.
[42:57]
Yeah. Making this up.
[42:58]
It's not a permitted use in the residential district. Right.
[43:01]
But there's been an ice cream parlor there for 20 years.
[43:04]
Well, Rosie's ice cream parlor closed
[43:07]
and then on month 13,
[43:09]
Shawn's ice cream parlor wants to come in.
[43:12]
It's past 12 months. So Shawn can't come in.
[43:15]
But if Sean comes in at 11 months in the 30th day,
[43:20]
Sean can open the ice cream parlor in
[43:23]
In the non-conforming zone.
[43:24]
In the non-conforming zone. And what, that's
[43:26]
what I'm saying is I think that having that, that year
[43:29]
to bring back, you know,
[43:31]
there we remove uses from districts for reasons.
[43:35]
And I don't think we wanna promote non-conformity.
[43:38]
So I'm asking that maybe we consider tightening up
[43:40]
that window where you would allow a non-conforming
[43:43]
use to go back in.
[43:45]
I was following the same lines as the chairman thicken.
[43:49]
If you're at the ice cream shop and it burns, oh
[43:52]
That's different. That's different.
[43:53]
Right. That's different. And you're in a nonconforming
[43:55]
and you have six months to rebuild, but there's a fire
[43:59]
and they're investigating
[44:00]
and insurance takes forever. Yeah.
[44:02]
They shouldn't Or supposing you, you are retiring. Right.
[44:06]
Because many people who own
[44:08]
small sole proprietor businesses on the only way they can
[44:12]
retire is, is to sell their business.
[44:15]
Not necessarily just the land and, and building,
[44:17]
but sell the, the business
[44:19]
with its customer base and whatnot.
[44:22]
I'm just concerned that there might be legal concerns with
[44:27]
confiscation of the value of the business
[44:30]
and the inability of the owner to have a reasonable time
[44:34]
to sell the business in order to, you know,
[44:38]
realize their retirement.
[44:40]
So yeah, I think we need to look at those things as well.
[44:43]
Not just a fire, but hey, I've had it on the market.
[44:45]
It takes me a year to find a new buyer. Yeah.
[44:48]
But it's actively on the market.
[44:50]
Yeah. The, the fire one is its own separate,
[44:53]
has its own separate language in
[44:55]
conditions that are attached to that.
[44:57]
So if there's like a, a, a major, you know, act of God
[45:01]
or something that happens with a
[45:02]
or a fire on a property that has its own separate section.
[45:05]
Okay. I'm talking about the abandoned uses
[45:08]
and then the ability for someone to come back in with a use
[45:11]
that we didn't want in the zone within 12
[45:14]
Months.
[45:15]
I think it's, it's almost very fact specific.
[45:17]
'cause if, if there's a fire, there's probably one set
[45:18]
of conditions if there's a retirement
[45:21]
and it's actively on the market with a,
[45:23]
with a commercial real estate agent
[45:25]
to sell the business, that's another one.
[45:27]
If the owner has died
[45:29]
and none of the heirs are interested in the business,
[45:31]
then it's more of an abandonment. So I think it's,
[45:34]
Or if they died and it's in probate
[45:35]
and it gets hung up in probate.
[45:36]
Yeah. I think it's very fa fact specific as to,
[45:40]
you know, what would be fair.
[45:43]
All right. We'll look at it. But okay.
[45:46]
We, we've talked off
[45:48]
and on about adding tiny home ordinances
[45:53]
and I'm just gonna kind of,
[45:55]
'cause I don't wanna take up the whole night on
[45:57]
for this. Yeah, go
[45:58]
Ahead.
[45:59]
I have a suggestion if I could, Liz,
[46:02]
can you find out who's doing tiny houses right now?
[46:05]
What towns are doing it?
[46:06]
And maybe we do a, a field, a small field trip
[46:09]
and take a look and see what's being done.
[46:16]
We can do that. Okay.
[46:18]
But not in the winter. I don't wanna do it though.
[46:22]
The weather has to be nice before we take the field trip.
[46:24]
All right. No, no winter trips.
[46:26]
Okay. So no December 12th.
[46:28]
Yes. I don't know if I heard to Dover's doing something
[46:30]
or we're gonna go to Berlin or I,
[46:31]
I don't know. There was some times,
[46:32]
Yeah, Dover had a a,
[46:34]
the cottages that we did hear about, right?
[46:36]
Yes. So it would be nice to actually take a li
[46:37]
like a field trip to see him.
[46:39]
So yeah. So yeah, they, that's the cottage court design,
[46:42]
which is, you know, honestly that's something I would,
[46:46]
I would really like the, the board to consider.
[46:49]
I think set us up. I think there's, there's merit.
[46:51]
There's merit in that
[46:53]
We still have the town bus. As
[46:54]
Long as we don't call it cluster
[46:55]
development, it's probably Okay.
[46:57]
Yeah,
[46:59]
Very true.
[47:00]
And actually Dartmouth is doing it right now
[47:02]
for their employees. Yeah.
[47:04]
They saw that This started out for the benefit
[47:07]
of employees and I think then it grew some legs
[47:09]
and expanded Yeah.
[47:12]
Also for veterans. Yes.
[47:13]
They're doing it for veterans too. Yes.
[47:16]
I visited the tiny homes for the veterans. Yeah.
[47:19]
I was in Kansas as a state rep
[47:21]
and it's, it's growing on leaps and bounds.
[47:24]
Nice. We can look at some other places that are doing it.
[47:27]
Right.
[47:29]
Okay. And then, so
[47:33]
Carrie Owen had asked me to look at requirements
[47:35]
for travel trailers and temporary storage.
[47:39]
So what's, what's your definition of travel trailer?
[47:43]
So I don't have the zoning ordinance in front of me,
[47:46]
but I think we do have a, a definition
[47:48]
and it's like the length of state
[47:50]
that they're allowed to be somewhere.
[47:51]
Okay. She would like us to look at that. Yeah.
[47:53]
Yeah. Without naming any names. I think there was,
[47:58]
It, It's there was an area where people would
[48:03]
park their recreation vehicles
[48:06]
and stay for a long time
[48:09]
and then they're not being properly taxed.
[48:12]
They're being lived in, but they're being it's treated more
[48:16]
as a vehicle. Right.
[48:17]
Was it, would that be a campground?
[48:19]
I I'm not gonna get into any names or anything,
[48:21]
but I'm just saying, I mean is that what she's looking
[48:23]
At?
[48:24]
Well, there's no that, that's like the recreational use,
[48:26]
but like there, there are the travel trailers and,
[48:29]
and that is, that is an issue sometimes that we're,
[48:33]
I know in other towns they have ordinances
[48:36]
where you can have a tra travel trailer on the property,
[48:39]
someone living in it x amount of days
[48:41]
and then that it has to go away.
[48:45]
And then with regard to the,
[48:47]
the temporary storage in those trailers
[48:49]
that are being stored on people's, in people's yards.
[48:53]
I've seen, I've seen them How long those can stay.
[48:56]
Yeah. I remember when I worked in Auburn, we had,
[48:59]
we discussed both of those things
[49:01]
and they put provisions in the zoning ordinance
[49:03]
because people had these,
[49:05]
those drop off big trailer containers.
[49:08]
Containers, yeah. They look like, yeah.
[49:09]
And they would just, they did trucking containers. Yes.
[49:11]
So it looks like there's a, a truck sitting in the yard,
[49:13]
but it's no wheels or anything, so.
[49:15]
Right. She would like us to look at that. Yeah.
[49:19]
And, and she can, you know, we, I can work with her
[49:21]
and maybe draft some language
[49:23]
and bring it to the board for review.
[49:25]
Okay. But I just wanted to get that on your radar. Yep.
[49:29]
So this is, this one's a fun one.
[49:31]
We talk about town
[49:32]
and we never say we mean the town of Derry.
[49:35]
So when we talk about a, for example, a town road,
[49:41]
your, your lot has to front on a town approved road.
[49:45]
Well which town's approved road? Is it ours, is it?
[49:49]
Alright, so I I I
[49:51]
Well that's what definition, what common sense kind
[49:52]
of comes in the definition.
[49:54]
Correct. Correct. But we've been, we've been,
[49:56]
it's been pointed out to us that it is not clear.
[50:00]
So the definition of town is clear in state statute
[50:04]
that governs municipal forms of government.
[50:06]
Right. So I think I know what you're referring to.
[50:11]
Where could it be an abutting
[50:14]
town approved road
[50:17]
If you Exactly.
[50:18]
So if you have, maybe you have a lot that
[50:24]
has it, it it, yeah.
[50:27]
It, it, maybe it has land in Derry,
[50:30]
but the public street is actually in an abutting town.
[50:35]
If someone comes to pull a, a permit with us, they,
[50:39]
we say you can't have a permit
[50:40]
because you don't front on a dairy class five road.
[50:47]
Oh, I hear. So do you do so we're not clear, clear.
[50:49]
We don't have jurisdiction of other town roads.
[50:52]
Right. But if it's a lot
[50:54]
where they don't wanna put a driveway on this, you know,
[50:58]
the other town's road
[50:59]
and they wanna put a driveway on the dairy port.
[51:01]
Yeah. So there, but there's it, it's, you're
[51:04]
Just cleaning it up. It's become you
[51:06]
Cleaning it up.
[51:07]
Yes. It's become an issue. And
[51:07]
It should Be for clarity.
[51:08]
I think we need to look at the underlying Yeah.
[51:10]
Reason for that restriction.
[51:13]
And I suspect it has to do with the provision of,
[51:16]
of reasonable access for visitors and,
[51:20]
and the people who live there and, and fire
[51:22]
and other emergency services.
[51:27]
So I think we ought to be careful that if you have a, a lot
[51:30]
that's subdivided between two abutting towns
[51:35]
and you've got a road that is maintained by each
[51:38]
of the two abutting towns to the scene standard
[51:43]
and the driveway happens to be in the other town, could you
[51:47]
with a straight face say, well
[51:49]
that road in the abutting town is bad
[51:51]
because it's not owned by us, it won't serve the same,
[51:56]
the attic access requirements for life safety.
[52:00]
I, I think that'd be a hard argument
[52:01]
To make.
[52:02]
Oh, you, you can't straight face that.
[52:03]
But when you're talking about the way our language is
[52:06]
with regard to frontage, if we,
[52:10]
if we wanna be clear that it's frontage on a town of Derry
[52:15]
Class five road, it should, we should define town
[52:18]
as in our ordinance.
[52:20]
We mean town of dairy.
[52:22]
Yeah. I I I think generally that's true in that case.
[52:28]
We'd have to look at the details, but, but yeah.
[52:30]
Requiring the frontage to,
[52:32]
or the driveway to be on the dairy section of the road
[52:35]
before hits the town line to the other
[52:38]
section. That seems a little
[52:40]
Yeah, there's, there's more.
[52:42]
But I, it's just, it it, for tonight's purposes,
[52:45]
I just wanna point out that we say town
[52:48]
and we don't say Derry, we mean town of Derry. Yeah,
[52:51]
That's, that's fine. Yeah.
[52:52]
That's all. And I
[52:54]
Is there Oh, you've, I was gonna ask
[52:56]
for one other thing if possible where we are,
[53:01]
I'm seeing a lot of dumpsters
[53:06]
in like high visibility areas that are not screened
[53:09]
where they could be placed in, in a,
[53:12]
a spot that's different.
[53:13]
That's like not on the street type thing. So
[53:17]
Are we talking about commercial or residential?
[53:20]
I, I think I've seen it in
[53:21]
both, believe it or not. So Yeah,
[53:23]
I mean the, the, the problem is as far as I know,
[53:26]
state law gives the planning board very little ability
[53:29]
to regulate stuff on residential land
[53:33]
because we don't do a site plan. Okay.
[53:36]
That's fine. But, but
[53:37]
So we could perhaps have a, a nuisance ordinance,
[53:41]
but I don't even know if that would be a planning
[53:43]
board thing or, or it would be a
[53:45]
No, I wouldn't wanna do nuisance.
[53:46]
I'm just, I've seen some businesses that have the locations
[53:50]
of the dumpsters are like right there in Plainview.
[53:53]
It just doesn't, they're 10. It
[53:55]
Doesn't look like they're 10 feet from the travel
[53:56]
way. Yeah. It, it,
[53:57]
It underst they screen it.
[53:59]
That's fine. If if there's no other place for it
[54:01]
and you screen it, then we don't see it.
[54:04]
But you're driving down these
[54:06]
Understood. Yeah. So
[54:08]
Guess and they're like right there. If
[54:09]
You wanna, if you wanna take care
[54:10]
of the existing conditions, you better make that a,
[54:13]
a health safety code or police. It's a Yeah.
[54:16]
Code. Yeah. Their code
[54:17]
Issues authority code.
[54:18]
'cause I don't, because we can't go back
[54:19]
and have, you know, second guessing no existing
[54:23]
plans, but if we move
[54:24]
Forward, Right.
[54:25]
Yeah. But no,
[54:27]
I understand especially on the commercial sites
[54:29]
where things have kind of crept,
[54:33]
like the use has crept beyond
[54:35]
what was originally approved for the site.
[54:37]
Yeah. It becomes a compliance issue
[54:40]
and not that it's not on the town's radar, it's trying
[54:45]
to go move through the enforcement
[54:46]
actions committee. Yeah, yeah. Yeah.
[54:48]
Hard and Can I just add one Oh go ahead.
[54:50]
Well I got one and then you can go back.
[54:51]
No, no, you go ahead. So I have one like that.
[54:54]
I think it would be wise for us for health and
[54:58]
and safety reasons to require residential
[55:03]
parcels to have driveways with turnarounds
[55:05]
because backing out into the street,
[55:07]
especially on a busy street,
[55:09]
is inherently a little bit dangerous. What do you mean
[55:12]
By a turnaround?
[55:14]
Well, you're a realtor, you must
[55:15]
know what a, a turnaround is. No, but
[55:17]
But on a private driveway, yeah.
[55:20]
I'm just like thinking of my house.
[55:21]
I have a, I have a wide driveway.
[55:22]
I don't have, I can't turn around in it.
[55:25]
Well, so I, I have a, you know, one
[55:26]
of those little peas, it's called a turnaround.
[55:28]
Yeah. So I, I never back out into the street
[55:32]
For I, I'm, so I'm always backing out into the street
[55:36]
like all the time because I just don't, yeah.
[55:38]
So I, I'm A third of an acre. I
[55:39]
Can't do it.
[55:40]
This is a daveism I think it actually would be
[55:42]
a, a safety feature
[55:43]
For That we could discuss for new driveways.
[55:45]
It may not, it may not get support
[55:47]
For new driveways.
[55:48]
Yeah, we do,
[55:50]
we do have a provision if the driveway is over 150 feet in
[55:54]
length, they must provide a turnaround.
[55:57]
Yeah. I I think it should be irrespective of length.
[55:59]
'cause backing out into a busy road we
[56:01]
Can look at That is dangerous regardless
[56:03]
of how long the driveway is.
[56:04]
Okay. But that's just one
[56:06]
of my little pet peeves. You have another one, Brian?
[56:09]
No, I'm just saying it's,
[56:11]
I thought you had another suggestion.
[56:13]
No, I'm just saying. Oh, okay. No, no.
[56:14]
Yours. No, I was just saying my suggestion in my
[56:18]
neighborhood where houses are very tight,
[56:20]
it's not practical, that's all
[56:23]
because all my neighbors are in the same situation.
[56:25]
Yeah, yeah. Unless you're stop in the street, tie up traffic
[56:29]
and back into it.
[56:30]
So when you leave you can get out that way.
[56:33]
But for instance, I have my two car garage,
[56:36]
so when I park at night, I'm pulling in.
[56:40]
But when I leave in the morning, I'm backing out.
[56:44]
I don't really have a place to turn
[56:46]
even though I have a big driveway. I
[56:47]
Mean that could, that could obviously be de
[56:49]
dependent on, on district.
[56:52]
I mean, I, I have a, a one
[56:53]
and a quarter acre lot in a three acre zone,
[56:56]
so I have no excuse not to have one. Okay.
[56:58]
We can look at it. Okay.
[57:01]
So the last like kind of zoning type thing would be a review
[57:06]
of the sign ordinance.
[57:07]
Again, things like banner signs, off-premise signs,
[57:11]
permitting of signs, like maybe take a look at that again.
[57:15]
So other things I would like
[57:17]
to maybe offer his work sessions.
[57:20]
Just when we have time, when we're not inundated with plans,
[57:24]
maybe take some time during a meeting to kind
[57:26]
of go over the escrow process with the planning board.
[57:29]
'cause not everyone is familiar with, you know,
[57:31]
what happens, you know, we get these,
[57:32]
the sheets at the beginning and you know, so
[57:35]
what is it like, what do we do with it
[57:37]
and what happens on the back end of that?
[57:41]
And I also would like permission to start adding
[57:47]
to the actual suggested motion.
[57:49]
Like precedent and subsequent. Yeah.
[57:52]
So conditions precedent are all of those conditions
[57:55]
that have to be met
[57:56]
before the board can actually sign the plan.
[57:59]
So establishing escrow, getting all the waivers on the plan,
[58:04]
certifying the bounds are set, like those types of things.
[58:07]
There are conditions that are subsequent, such as subject
[58:10]
to inspection by the towns engineer recording
[58:15]
of deeds and give us a copy of that.
[58:18]
Or sometimes it's there.
[58:22]
There's, there's other things that can happen
[58:24]
after you approve the plan, but we still need you to do it.
[58:27]
So make sure you erect the fence.
[58:29]
Like when you're under construction,
[58:30]
we said we want a fence here.
[58:33]
They'll show it on the plan,
[58:34]
but we wanna make sure it actually gets done.
[58:36]
So that would be a condition, subsequent things like that.
[58:39]
So I would, I would like to be able to start doing that.
[58:42]
And then if you disagree with
[58:44]
what you know has been the suggestion,
[58:46]
you think it should be a before rather than an after or an
[58:49]
after rather than a before.
[58:50]
We could talk about that during deliberation.
[58:53]
Yeah. What like plant like plantings. Yeah.
[58:56]
Of avid trees
[58:57]
or whatnot, right? Yeah. Yeah. That's something
[58:59]
That, yeah.
[59:00]
Yep, exactly. Okay. We can do that.
[59:03]
And then long-term goal kind of revamp the zoning ordinance.
[59:07]
It is, it is huge and it's clunky
[59:10]
and it's not easy for the average person
[59:12]
to navigate if you don't do this for a living.
[59:16]
We made a really good start with the creation
[59:18]
of those quick reference guides
[59:20]
that Nick did for us last year.
[59:23]
You know, things like that in the zoning ordinance make it
[59:25]
easy for people to understand
[59:28]
what the requirements are in the district.
[59:31]
So we'd like to do more of that
[59:33]
Have, I know, but people are gonna
[59:35]
look at me like I'm strange.
[59:36]
But have we taken maybe pieces of the ordinance
[59:39]
and asking AI
[59:41]
for certain suggestions?
[59:45]
No. No, we have not. Okay.
[59:49]
Yeah. And then the, the other thing was just kind of
[59:54]
walk you guys through some, like the TRC process, like
[59:58]
how it starts, what we do, what we're looking for.
[1:00:01]
'cause so much work gets done ahead of time
[1:00:04]
before you see the plan
[1:00:05]
and you know, kind of maybe give you some examples of
[1:00:08]
what first comes through the door and then what you see.
[1:00:11]
Because a lot of times the end result is very different.
[1:00:15]
And then also it used to be back in the day that
[1:00:21]
when you got your planning board packets,
[1:00:23]
you would have all the TRC notes included.
[1:00:26]
Yeah. In the packet.
[1:00:31]
When I took this position, I kind of stopped doing that
[1:00:33]
because in the staff reports, anything
[1:00:36]
that hadn't been addressed at the TRC level
[1:00:40]
was that was included.
[1:00:41]
You know, I would make sure it was included
[1:00:43]
and noted in the staff report so
[1:00:45]
that you were aware this is still an ongoing concern.
[1:00:48]
This is an issue. You guys should talk about this.
[1:00:51]
What was happening.
[1:00:53]
What I observed was that previously with the inclusion
[1:00:57]
of the TRC notes in the packets, people would read them.
[1:01:01]
So thank you for doing that.
[1:01:03]
But things
[1:01:04]
that had already been addressed were being
[1:01:06]
brought up during the public hearing.
[1:01:07]
They weren't an issue anymore,
[1:01:09]
and it wasn't an efficient use
[1:01:10]
of the board's time and resources.
[1:01:13]
So I, I stopped doing that.
[1:01:15]
But if it's something that you really want to see
[1:01:18]
with your packets, you know, we can absolutely do that.
[1:01:22]
Again, you know,
[1:01:23]
I don't like making arbitrary decisions like that,
[1:01:25]
but there was, there was a lot of thought behind
[1:01:27]
why I did. Maybe
[1:01:29]
The TS RRC notes could go to the chair and the vice chair.
[1:01:32]
Okay. You know what I'm saying?
[1:01:36]
And then if there's something there that,
[1:01:39]
because I mean we all appreciate, TRC helps us get
[1:01:43]
to where our decision is.
[1:01:44]
They kind of, you know, streamlined
[1:01:46]
and all the questions are asked up at that point, you know,
[1:01:50]
all the safety questions and everything.
[1:01:51]
So it makes our job a lot easier.
[1:01:54]
But it is nice to see what they're looking at
[1:01:56]
town officials, you know?
[1:01:58]
Okay. So if you
[1:02:00]
Would, but maybe the chair and the vice chair should get a
[1:02:02]
copy just so they have 'em
[1:02:04]
and they can, they can peruse them and
[1:02:06]
Yeah.
[1:02:07]
And, and then it would be in our packet.
[1:02:09]
And if somebody had a question about, well,
[1:02:11]
how did that, how did that go?
[1:02:13]
We'll have the material here.
[1:02:15]
But I, I think I, I support
[1:02:20]
the planning director's thought that completely
[1:02:25]
resolved issues we don't need to re-litigate.
[1:02:28]
So it's probably the exceptional situation,
[1:02:32]
which we've only had a few times when an applicant
[1:02:36]
didn't agree with the TRC
[1:02:38]
and wanted to come to the, the board for their day in court.
[1:02:41]
Right. And we would Yeah.
[1:02:42]
And therefore we might need more background. Right.
[1:02:44]
And we would definitely, in a case like that,
[1:02:46]
absolutely make sure that you had that backup
[1:02:48]
so you could see what the discussion was.
[1:02:51]
And the TRC, although they're not as exhaustive
[1:02:53]
as your your minutes, Caroline does an amazing job
[1:02:57]
of making sure that everything's captured.
[1:02:59]
And in those TRC notes, we all,
[1:03:02]
each department provides written comments that are shared
[1:03:06]
with the applicant during those meetings.
[1:03:07]
And all of those written comments are also included in the,
[1:03:10]
in the TRC notes.
[1:03:12]
So it's a pretty exhaustive list
[1:03:14]
of things that they need to do.
[1:03:17]
I have a question for you. Yeah.
[1:03:18]
On the TRC notes, do they fall under 91
[1:03:22]
A?
[1:03:23]
They do not. TRC is a meeting of TRC is a meeting
[1:03:27]
of staff, and the purpose of TRC is
[1:03:29]
to help the developer understand the regulations
[1:03:33]
and help them navigate some of the hurdles
[1:03:36]
that they might encounter with the regulations. But if
[1:03:39]
We were to give them to the chair
[1:03:40]
and the vice chair, would they then become,
[1:03:43]
If they are included in your planning board packets,
[1:03:46]
they're subject to Right.
[1:03:47]
To know, because that is a a
[1:03:48]
Majority or just the two? If we just do the
[1:03:50]
Two Yeah.
[1:03:51]
No, we can't send 'em to the whole,
[1:03:52]
we wouldn't send 'em to the whole board. Yeah,
[1:03:54]
No.
[1:03:55]
If we send it to two, then it's still covered. Right.
[1:03:56]
It's not, it's not disclosed by 91
[1:03:58]
A.
[1:03:59]
Yeah. Yeah. But, but I wanna be clear, TRC is, it's a staff,
[1:04:02]
it's not a meeting. Yeah. It's not a
[1:04:04]
Meeting of A public body that's it's staff meeting.
[1:04:07]
So it's not subject that way.
[1:04:08]
It's fine, as long as the TRC is helping Yes.
[1:04:13]
The applicant prepare their application
[1:04:15]
and figure out all the things they need to comply with.
[1:04:18]
Exactly. Yep. It is my understanding
[1:04:22]
that maybe in the past the TRC has said, well,
[1:04:26]
if you don't give me this that I want,
[1:04:29]
I'm not gonna sign the plan.
[1:04:30]
You can't go to the board. Oh. And that's a decision.
[1:04:33]
No, that, yeah. And if it decisions are being made in
[1:04:35]
the committee, then I think it's 91 a subject. Yeah, yeah,
[1:04:38]
Yeah.
[1:04:39]
B'S got a question. Yes.
[1:04:42]
Yeah. The only thing
[1:04:47]
I would question about all of this is a lot
[1:04:50]
of times people are coming to TRC
[1:04:52]
before they've finished their negotiations and their deals.
[1:04:57]
And so a lot of times those things should never be known
[1:05:00]
outside of that TRC group.
[1:05:03]
So if there's some way to maybe, I don't know, protect,
[1:05:07]
protect that stuff, I,
[1:05:10]
I, I guess I'd have to have an an example.
[1:05:12]
'cause by the time they come to the planning board
[1:05:14]
with an application for a public hearing, so
[1:05:17]
Tupelo is a good example.
[1:05:19]
We were working with Tupelo well before Mr.
[1:05:22]
Hayward closed on that property,
[1:05:24]
and we were navigating the site plan
[1:05:27]
and he wanted that kept confidential before it came public.
[1:05:31]
We did the same thing with the grind house. So
[1:05:34]
This is, it seems to be that once it comes
[1:05:36]
to the planning, planning publication, planning public,
[1:05:38]
it's public is a public hearing,
[1:05:41]
then there is no more secret sauce.
[1:05:43]
No. But if the practice is that the TRC notes only come
[1:05:47]
to one or two board members at the time of our meeting
[1:05:51]
where we hold the hearing.
[1:05:53]
Yeah. Then it's, it's should be a,
[1:05:56]
it becomes somewhat in the public domain. Right. Okay.
[1:06:00]
So, but this one I'm just gonna caution.
[1:06:02]
Sometimes there's more than one TRC,
[1:06:04]
sometimes they have to come back.
[1:06:06]
So I would just say whatever we're doing with that,
[1:06:09]
we have one now that they're,
[1:06:11]
they haven't closed on their property yet.
[1:06:13]
They're trying to make sure they can get permitted.
[1:06:15]
So coming through the TRC process helps them learn that
[1:06:19]
and make sure that they can do everything they need to do
[1:06:22]
before they close on that property.
[1:06:25]
In this case, they don't need to come back for a second TRC,
[1:06:28]
but if they did and the notes had already been disseminated,
[1:06:33]
that could become an issue.
[1:06:35]
Well, my understanding is that coming to, they have to go
[1:06:38]
through all the TRCs before they complete,
[1:06:40]
before get complain scheduled to come to the board
[1:06:42]
and the notes would only come
[1:06:44]
to board members at the meeting.
[1:06:46]
Right. Okay. So we're not gonna get 'em in
[1:06:48]
advance. Right. Okay. That's
[1:06:49]
Fine.
[1:06:50]
Just wanna make sure we avoid unintended consequences.
[1:06:53]
We have had things in the past where, where it gets out
[1:06:56]
before the time,
[1:06:57]
So Yeah.
[1:06:58]
People in in town say, Dave, you're on the planning board.
[1:07:01]
You must know all the people that are coming.
[1:07:03]
I said, I'm the last one. Who knows better that
[1:07:06]
Way, sometimes better.
[1:07:07]
Me too. Yeah.
[1:07:09]
Well, lemme ask a question. Thank you.
[1:07:11]
The t on the TRC in addition to the TRC,
[1:07:14]
unless we define what it is.
[1:07:16]
I, I, I'll use Randy as an example.
[1:07:18]
I believe he's also on the highway department,
[1:07:21]
and a lot of those couple times over the years
[1:07:24]
have been controversial.
[1:07:26]
Yeah. There's some other, other committees
[1:07:29]
that's well publicized.
[1:07:30]
Correct. So I mean, once,
[1:07:31]
once it hits, and that's my staff, right.
[1:07:33]
Once it hits a public body such as conservation
[1:07:37]
or highway safety, I mean, you know, then, then that,
[1:07:40]
that project is obviously out,
[1:07:42]
it's out in the wild and people know about it.
[1:07:44]
But up until, you know, to Bev's point up in, if, if
[1:07:49]
they're not ready to pull the trigger publicly,
[1:07:52]
they may work through TRC and, and wait
[1:07:56]
and get through all of their closings and things,
[1:07:58]
and then go to conservation or highway safety
[1:08:00]
and then come to planning board.
[1:08:02]
Yeah. So I, I would be happy with if,
[1:08:06]
if, you know, Mr.
[1:08:07]
Connor and I had a folder with TRC notes in it, if we needed
[1:08:10]
to refer to it, that we didn't get it in the electronic
[1:08:13]
package, we just get it handed to us the night of
[1:08:16]
and if we need to refer to it.
[1:08:18]
Yeah. So there's no pre notice right before the,
[1:08:22]
before the public hearing.
[1:08:23]
Yeah. And our TRC stuff all goes into the planning board
[1:08:26]
packet once the, once the planning board application
[1:08:31]
is filed, so then it all becomes public.
[1:08:34]
And we always have that with us at the meetings.
[1:08:36]
So I think we're on this, I think
[1:08:41]
Bev had a couple of requests.
[1:08:44]
Oh yes. If you wanted to entertain that.
[1:08:46]
Sure. Please come. Give us your suggestions.
[1:08:55]
And thank you for all this input.
[1:08:56]
This is super helpful. Helps me.
[1:08:59]
Yeah, nothing too specific.
[1:09:02]
I mean, we've talked, Liz
[1:09:03]
and I, we've talked over the years about maybe expanding
[1:09:06]
some of the uses in GC two.
[1:09:11]
We've had several properties that have been for sale for
[1:09:14]
15 years or more.
[1:09:16]
The, the uses just aren't matching what
[1:09:21]
the investing public would care to do there.
[1:09:25]
And I don't want to get into specific uses right now,
[1:09:29]
but I think, you know, Dave, you and I talked about right
[1:09:32]
before this meeting of maybe looking at some
[1:09:34]
of the zoning in totality
[1:09:36]
and looking at ways we can get rid of some of the uses
[1:09:41]
that are no longer viable
[1:09:44]
or Yes,
[1:09:47]
Milliners.
[1:09:48]
Exactly.
[1:09:50]
There are some things in here that are pretty much,
[1:09:52]
you know, obsolete at this point.
[1:09:54]
Like TV broadcasting stations,
[1:09:57]
we're probably not gonna see that.
[1:09:59]
But then there are other things that are very sought
[1:10:03]
after that we don't have, have, we can't accommodate
[1:10:05]
'cause we don't have those properties in town.
[1:10:08]
And to Brian's point earlier, we really do wanna expand
[1:10:11]
that commercial tax base.
[1:10:12]
So, so I just, you know, we don't,
[1:10:15]
not anything specific today,
[1:10:17]
but maybe just review some of those zones.
[1:10:20]
So my thought is that we kind of did that with the
[1:10:25]
gateway rezoning, right?
[1:10:27]
We looked at all the uses.
[1:10:28]
We said some of these are silly, some of 'em need
[1:10:30]
to be added, some of 'em need to be expanded.
[1:10:32]
And I think we improved on the commercial viability
[1:10:36]
of that district.
[1:10:38]
And so if we, you know, want to in turn
[1:10:40]
maybe even look at all the commercial districts in
[1:10:43]
that light on a rotating basis as we have time to see
[1:10:47]
how many, you know, hat shops
[1:10:48]
and other antiquated things are in there,
[1:10:52]
but are missing more important things.
[1:10:56]
I think that would be a good idea.
[1:10:58]
I mean, trying to, trying
[1:11:00]
to do it on a tight schedule might be tough,
[1:11:01]
especially if we have significant plans coming in
[1:11:04]
and everything else on this list.
[1:11:08]
I'm thinking we'll be lucky if we get through it in a year.
[1:11:10]
But yeah, I, I think that's, that's a good idea
[1:11:13]
because we did, we did learn something from
[1:11:15]
that gateway exercise.
[1:11:17]
Right? Yeah. Does anyone Yeah. Have any thoughts on this?
[1:11:21]
No. And this is talking about data centers and stuff.
[1:11:24]
I don't know if where looking at it, I don't, but, but,
[1:11:28]
but also the governor's talking about small scale nuclear
[1:11:32]
for, for energy.
[1:11:33]
So Oh, these conversations are starting to come up.
[1:11:37]
Lot of changes coming,
[1:11:39]
You know, so that would affect planning Okay.
[1:11:42]
To some capacity zoning. Right. Okay.
[1:11:45]
Yep. Yeah. Yeah. I mean, we, we should, I think,
[1:11:49]
I mean, it may be way ahead of our time here, but
[1:11:51]
We should try to keep ahead of the times.
[1:11:54]
Although I, I have to quote a very apocryphal quote
[1:11:58]
that apparently was from
[1:12:01]
Chief Justice John Roberts in the oral arguments today.
[1:12:05]
And his, his quote was, yes, it's a whole new world,
[1:12:09]
but it's the same constitution.
[1:12:11]
Oh, I like that. I'm, I'm just saying
[1:12:16]
that Yeah, it's good to, to keep up
[1:12:19]
with the brave new world, but, you know. Gotcha. I gotcha.
[1:12:21]
Yeah. Yeah. The more things change, the,
[1:12:23]
Just, just because you brought it up, nobody has asked
[1:12:26]
to build a data center
[1:12:28]
and nobody has asked to have a detention center.
[1:12:30]
And I know that's out there in the internet
[1:12:33]
On social Media.
[1:12:34]
Well, those things are not happening. Well,
[1:12:36]
That happened in Merrimack and it came all of a sudden
[1:12:38]
and everybody got all tied up.
[1:12:39]
It's not even been discussed here. And
[1:12:41]
The problem is the detention center is the governmental
[1:12:43]
use, so we don't actually get to regulate that.
[1:12:44]
Right. Because of this wonderful concept called sovereign
[1:12:47]
immunity, so. Right.
[1:12:50]
Okay. Lucky for us. No one's asking. Okay.
[1:12:52]
Okay. All right. Thank you. Thank you.
[1:12:53]
Rockingham 50 a day. Okay. So is that the,
[1:12:59]
That was, that was my very exhaustive list all. So
[1:13:01]
This is great.
[1:13:02]
We have some ideas. I think maybe the next step is
[1:13:05]
to actually try to prioritize them.
[1:13:06]
Yep. Given that we don't have infinite time, but yeah. Okay.
[1:13:11]
That was very helpful. Alright.
[1:13:13]
Thank you. Thank you for indulging me.
[1:13:16]
Alright, what's next? More
[1:13:19]
Workshops? No, we have another workshop.
[1:13:21]
Yes you do. No adjournment for you, Brian.
[1:13:28]
I dunno. Alright, so
[1:13:32]
this is the fourth workshop on the,
[1:13:36]
the CBD revision.
[1:13:38]
We did a, a district walk
[1:13:44]
and we had I think the third workshop we discussed in
[1:13:47]
general how we would address some
[1:13:50]
of the issues that came up.
[1:13:51]
And then three of us got homework
[1:13:54]
that we eventually submitted
[1:13:56]
and I believe that's in the package tonight.
[1:14:00]
So I think maybe what we ought to do is review everyone's
[1:14:03]
contributions and see which ones stick to the wall,
[1:14:06]
which ones don't, what we think about that. Is that a good,
[1:14:10]
I think that's perfect.
[1:14:11]
Okay. So how do we wanna,
[1:14:15]
you wanna just do it section by section or
[1:14:18]
We, yeah, we could.
[1:14:24]
So I think, so Mr. Nelson, I think you are,
[1:14:27]
well you added some stuff to the purpose, but then Mr.
[1:14:31]
Fishman's section came next. Alright,
[1:14:34]
So this is on page one of our handout
[1:14:38]
in section 1 65 33.
[1:14:41]
And I propose that in the middle
[1:14:45]
of the purpose paragraph we add in order
[1:14:48]
to protect the predominant character
[1:14:50]
and historical nature of this district,
[1:14:53]
dimensional requirements shall be established
[1:14:55]
to encourage a consistent street scape.
[1:14:58]
Because I think that was a goal
[1:15:02]
last time the district provisions were written,
[1:15:04]
but it was never articulated as a purpose.
[1:15:07]
And people only say, well, why are you doing that?
[1:15:09]
I think it's always, these things are not,
[1:15:12]
the purpose sections are not in
[1:15:13]
and of themselves legally enforceable,
[1:15:15]
but it gives guidance to people as
[1:15:17]
to interpreting the rest of it.
[1:15:18]
What it, why is it there, what does it mean?
[1:15:20]
Yeah. And not having a purpose statement is not good
[1:15:24]
that there have been towns, there's case law for towns
[1:15:28]
who don't have purpose statements with their districts
[1:15:31]
and it has not ended well. So it's good to have it.
[1:15:34]
Yeah. I, I think my recollection how this evolved and,
[1:15:38]
and again, I was away for a while,
[1:15:39]
but we had originally just the central business district
[1:15:43]
and then we did the traditional business overlay district,
[1:15:45]
which was our quin
[1:15:48]
quintessential old New England town.
[1:15:51]
And then that was the, the core of, of quaintness and,
[1:15:55]
and you know,
[1:15:56]
pedestrian friendliness and shopping and whatnot.
[1:15:58]
And then the central business was the next ring out
[1:16:03]
that was slightly less quaint, slightly less protected,
[1:16:08]
but still was part of our core downtown.
[1:16:10]
That was kind of what I recall about the, the process. Yep.
[1:16:15]
Okay. So does anyone have any
[1:16:21]
comments, any suggestions on, on that
[1:16:25]
one sentence added to the purpose?
[1:16:28]
Okay, so where's the next red
[1:16:30]
ink? So
[1:16:34]
Under, under multifamily, same page B five A.
[1:16:39]
So whose homework was that?
[1:16:41]
That would be, I added the and conversions. Okay.
[1:16:44]
'cause and then the density is Mr. Fishman.
[1:16:47]
Okay. I think my, my research showed that
[1:16:52]
we're already pretty prohibitive, restrictive in terms
[1:16:55]
of density and there's strong
[1:17:00]
support for increased density, having
[1:17:04]
an outsized impact on the ability for the downtown
[1:17:07]
to develop more commercially,
[1:17:10]
which will increase the tax revenue for the town.
[1:17:14]
I looked at other factors like impact on crime traffic
[1:17:18]
and all the research really indicated that it's,
[1:17:22]
the concerns are, are overblown
[1:17:24]
and that traffic is not gonna be affected.
[1:17:28]
Impact on the schools is probably not an issue.
[1:17:32]
So a lot, a lot of the items, I mean I,
[1:17:34]
I could comprehensively or exhaustively go through this,
[1:17:37]
but all the issues that we discussed in the board,
[1:17:41]
I feel like the research shows that
[1:17:47]
we shouldn't really be concerned about.
[1:17:49]
And, and increasing the density
[1:17:51]
probably offers the town a lot of, a lot of opportunities
[1:17:53]
for economic development
[1:17:56]
and likely, I mean, it's, it's maybe a question of taste,
[1:17:59]
but I don't believe that will degrade the,
[1:18:03]
the feel of the area.
[1:18:06]
So my, my recommendation is to increase to 24
[1:18:09]
At least.
[1:18:10]
I mean certainly if we're looking for entertainment
[1:18:16]
destinations and discretionary spend destinations,
[1:18:22]
that's gonna be incentivized by a larger population
[1:18:26]
of people, you know, on foot
[1:18:28]
who can easily reach those places.
[1:18:31]
So if we want those businesses to be successful, we need
[1:18:34]
to supply them with customers. Right? Yes,
[1:18:36]
That's right.
[1:18:39]
I mean the, the fiscal impact on the town of per unit
[1:18:45]
is of, of multifamily units is substantial.
[1:18:48]
Right. And so providing
[1:18:53]
more opportunities for more units in one area is only going
[1:18:57]
to increase the ability for the town to
[1:19:00]
drive economic revenue.
[1:19:02]
I'm sorry, I'm looking for the exact reference point to
[1:19:05]
what you just mentioned,
[1:19:07]
but we, you know, we had a finding in there that the,
[1:19:11]
the impact on the local communities, excuse me,
[1:19:14]
the local commercial businesses is gonna be substantially
[1:19:19]
increased by, by the density
[1:19:22]
and our town can support it in terms of the
[1:19:24]
infrastructural costs Doesn't seem like it will out,
[1:19:30]
will have a negative impact either.
[1:19:32]
So in terms of access to water,
[1:19:36]
et cetera, sewer
[1:19:38]
Yeah, I mean in terms of crime, it is true that most
[1:19:42]
of the crime in America is in the,
[1:19:43]
like the 10 largest urban centers.
[1:19:45]
But we're talking about millions of people with high rise,
[1:19:49]
you know, development, high, high density.
[1:19:53]
So I don't think we're anywhere near that.
[1:19:58]
Okay. Okay.
[1:19:59]
Anyone have any questions
[1:20:01]
or comments on those density changes?
[1:20:05]
Yes, actually, So the, the impact on the school
[1:20:09]
Totally makes, makes sense.
[1:20:10]
The, the TFR of the entire country is low.
[1:20:13]
I, I, I totally understand why
[1:20:15]
that wouldn't impact the school increasing the density.
[1:20:18]
You said you did research into it
[1:20:19]
and said it, it wouldn't impact the traffic.
[1:20:21]
Doubling the density doesn't impact the traffic at all.
[1:20:25]
That's what the founding finding said.
[1:20:28]
Let me pull it back up
[1:20:31]
Because I mean the, the traffic is not awful in that area,
[1:20:33]
but I I I would suspect doubling
[1:20:36]
density page four would at least
[1:20:38]
impact in some, some regards.
[1:20:39]
So the estimate was it would increase about two
[1:20:43]
to three additional car movements per hour at the peak
[1:20:47]
going from the current density cap
[1:20:52]
approximately doubling it.
[1:20:54]
Right. Based on the trip generation manual.
[1:20:56]
So I don't have enough information specifically to say
[1:21:00]
what two to three additional trips per hour is going
[1:21:03]
to look like, but it
[1:21:07]
will have an increase.
[1:21:09]
Yeah. And, and those two
[1:21:10]
to three additional trips are at peak peak hours
[1:21:12]
of traffic movement.
[1:21:14]
Okay. So the seven ams and the five PMs.
[1:21:17]
So you're just, you're just adding like two more, two more,
[1:21:20]
two to three more cars in that time period.
[1:21:22]
Yeah. That, that, that makes sense. Definitely.
[1:21:24]
I mean, something else that came up during this, which I,
[1:21:28]
I couldn't find a way to
[1:21:29]
substantiate so I didn't include it.
[1:21:30]
But, and you know, this is
[1:21:33]
to an earlier comment about looking into the future,
[1:21:35]
but modes of transportation may be changing, you know,
[1:21:40]
certainly things like ride shares and whatnot.
[1:21:42]
But if autonomous driving, you know,
[1:21:44]
we're having national discussions right now on AV frameworks
[1:21:48]
for autonomous vehicles.
[1:21:49]
So 10 years from now it might
[1:21:52]
be a totally different discussion.
[1:21:56]
Yeah. That, that totally answers the question.
[1:21:58]
That makes sense. You know, it's gonna increase it
[1:22:00]
but not, not substantially.
[1:22:01]
So.
[1:22:05]
Okay. So our next red ink
[1:22:10]
is on the, the next page where we're talking about
[1:22:15]
minimum size of units
[1:22:18]
and percentage of non-residential use.
[1:22:21]
Who was that?
[1:22:24]
I think that's also Brian for the size of the units.
[1:22:34]
So based upon local comparisons as well as
[1:22:39]
national standards, the 800 square foot
[1:22:41]
minimums much larger.
[1:22:56]
The affordability aspect I think was the most compelling
[1:23:00]
argument while going to a smaller unit
[1:23:05]
does tend to have a higher price per square foot
[1:23:09]
for development and rental.
[1:23:12]
The overall median rent
[1:23:17]
of an 800 square foot unit is above the median
[1:23:21]
affordability limit for New Hampshire.
[1:23:25]
The affordability ability limit being 30% of annual income.
[1:23:29]
So making, allowing
[1:23:34]
for smaller units will allow developers to serve a market
[1:23:38]
where income is, is limited
[1:23:42]
and, you know, it'll provide more people places
[1:23:44]
to affordably live
[1:23:50]
is my takeaway from
[1:23:52]
No, I I tend to agree that the,
[1:23:57]
the unmarried person, professional, younger person
[1:24:00]
that we kind of wanna attract into the state and,
[1:24:03]
and the town affordability, you hit right on it.
[1:24:08]
400 square feet is a studio I think works
[1:24:11]
for some people as a price point too.
[1:24:14]
At least that gets 'em outta the parents' basement,
[1:24:17]
you know, so I, I agree with you on all those.
[1:24:21]
Any other comments, questions? Are we,
[1:24:26]
I would say definitely put it on the line.
[1:24:28]
'cause a lot of the hospitals have
[1:24:30]
what they call travel nurses
[1:24:33]
and they're usually looking for a place
[1:24:35]
for six to eight months.
[1:24:36]
Hmm. And so they either follow the weather,
[1:24:39]
they follow the skiing or the snowboards or whatever.
[1:24:42]
But there's a lot of this coming in,
[1:24:45]
I just mentioned earlier that,
[1:24:46]
that Dartmouth is putting a bunch
[1:24:48]
of these together up in the area.
[1:24:50]
So I think it's something we ought to take a look at it.
[1:24:52]
'cause especially with Parkland being our number one
[1:24:54]
Employee, actually Dartmouth is doing
[1:24:56]
something pretty exciting.
[1:24:57]
They're actually building their own housing as a way
[1:25:00]
to bring in staff when they're understaffed.
[1:25:03]
Yeah. Housing's the number one reason why
[1:25:06]
people can't afford the, you know what I'm saying?
[1:25:08]
So if they build their own houses, then now they can.
[1:25:11]
Now Dartmouth Hospital can control the rent
[1:25:14]
And that's free Job care.
[1:25:16]
It keep low as part of the benefit package.
[1:25:18]
That's smart, that's smart planning on their side.
[1:25:21]
You know, I know there was some discussion in, in
[1:25:26]
like Rockingham County where you're in the middle of,
[1:25:30]
you're in Brentwood and you can't find nursing
[1:25:32]
and you can't find LNAs
[1:25:34]
and they have all kinds of open fields.
[1:25:36]
And some of the discussion was is maybe
[1:25:38]
that's something to look at.
[1:25:40]
Now I don't know if they've continued that discussion,
[1:25:42]
but that's been talked about as one way
[1:25:44]
of bringing workers in.
[1:25:46]
So especially younger workers,
[1:25:47]
because we're New, Hampshire's the second oldest
[1:25:52]
in the nation, so we need
[1:25:54]
to find replacement workers critically.
[1:25:58]
So I'd like to get everyone's kind of at least
[1:26:01]
nodding yes or no on this.
[1:26:03]
'cause I, I think that
[1:26:05]
whenever we propose increasing density, that's something
[1:26:08]
that attracts a lot of comments from, from the public.
[1:26:11]
And we may need to defend that when we get
[1:26:15]
to public hear hearings on this.
[1:26:16]
So we can kind of go down the line.
[1:26:18]
Is everyone comfortable with this? Or
[1:26:26]
I'm seeing some nods.
[1:26:28]
I'll, I'll say I'm strongly in favor of this.
[1:26:31]
Okay. Alright. Very good.
[1:26:35]
Alright, what's next? We have we
[1:26:40]
Removing the bedroom limits, Right?
[1:26:49]
I don't think, I don't think we need that in there
[1:26:51]
because think about it, you have 400 square feet,
[1:26:54]
you're not gonna make five bedrooms on a 400 square feet.
[1:26:56]
So no, it's just gonna naturally happen.
[1:27:00]
So, so I, I guess the, the, the next one which
[1:27:04]
I I think is Roman num
[1:27:09]
little ii is that what it is?
[1:27:12]
A minimum of 30% of the first floor shall be
[1:27:15]
a permitted non-residential use.
[1:27:17]
So this, this is in, in furtherance of our mixed use
[1:27:21]
that we've always kind of applied in, in, in the downtown.
[1:27:26]
I just wanna revalidate that we think
[1:27:27]
that in the central business district,
[1:27:30]
which is still has the word business district in it,
[1:27:33]
that a mixed use requirement is, is reasonable.
[1:27:40]
I'm seeing some nods. Yeah. Okay.
[1:27:42]
So my only concern, should it be a minimum
[1:27:45]
or should there be a maximum for
[1:27:48]
the first floor permitted non-residential use? Well,
[1:27:52]
I think the story is,
[1:27:54]
and maybe Beverly, Beverly can, can,
[1:27:57]
can fill us in from, from history.
[1:27:59]
I, I believe the history is that in dairy
[1:28:03]
it has been more profitable to build housing than it is
[1:28:06]
to build commercial.
[1:28:09]
And we have had had a history of vacant commercial space.
[1:28:13]
So unless you force them to have at least 30%,
[1:28:17]
they'll do 0%.
[1:28:20]
Fair enough. You
[1:28:21]
Want me?
[1:28:22]
So yeah, I mean you can say you're, you're wrong
[1:28:25]
or you're right or it's a different number.
[1:28:32]
I think maybe Looking at downtown in years past
[1:28:36]
and having that requirement for
[1:28:38]
business on the second floor, we want to get rid of that.
[1:28:42]
I'm not necessarily in favor of converting
[1:28:47]
businesses that are already on first floors into apartments.
[1:28:50]
'cause once it's gone, it's gone.
[1:28:54]
New construction, I don't really have an issue
[1:28:57]
with a live work scenario for someone.
[1:29:02]
I don't know if I would wanna be dictating a percentage
[1:29:04]
because everybody's situation's gonna be different.
[1:29:08]
Well see that's the, the thing about zoning, it's,
[1:29:12]
it's not like gold election.
[1:29:14]
The three bears you have to put numbers in
[1:29:15]
because we're a quasi judicial body.
[1:29:18]
We have to have rules and we have to try to enforce them
[1:29:20]
as opposed to Well yeah, I like the part of your hair
[1:29:23]
so you'll get, you know, this mount
[1:29:25]
and oh yeah, you're not dressed nicely so you'll get this.
[1:29:28]
We, we have to have it very objective, right?
[1:29:31]
Yes. Especially in zoning.
[1:29:33]
Yep. And we had talked about,
[1:29:34]
like in the gateway district, one
[1:29:36]
of the things we talked about was what if somebody wanted
[1:29:40]
to do a townhouse kind of a situation for a business like,
[1:29:43]
you know, restaurant here in a
[1:29:45]
speakeasy upstairs kind of thing.
[1:29:47]
Then, then you're talking about vertical versus horizontal.
[1:29:50]
So I know you, you won't don't want to hear this part,
[1:29:55]
but I almost think it's better
[1:29:56]
to do like conditional use permit for the commercial piece
[1:29:59]
of it and not be so specific on,
[1:30:05]
you know, exactly percentages or whatnot.
[1:30:08]
So could we kind of compromise
[1:30:11]
and say we're we're looking for 30%
[1:30:16]
permitted non-residential use,
[1:30:18]
but we don't say whether it's on the first
[1:30:19]
floor or wherever it is.
[1:30:22]
IIII do have a problem with conditional use permits because
[1:30:27]
unless it's written really well
[1:30:29]
and the board adjudicates it very crisply,
[1:30:33]
it becomes a Oh yeah, I I like what you're doing.
[1:30:36]
Yeah, we'll give you that one.
[1:30:38]
And the next person comes in gets a different treatment.
[1:30:41]
So it, it becomes a constitutional equal
[1:30:43]
protection issue. In my opinion.
[1:30:45]
Other towns use it
[1:30:46]
because it gives flexibility to do just
[1:30:49]
what you're saying makes you nervous.
[1:30:54]
'cause you don't always know what,
[1:30:55]
what the market's gonna demand
[1:30:57]
or what somebody might wanna build for whatever reason.
[1:31:02]
You know, it's kind of nice to be able to consider things.
[1:31:07]
I I I'm not a hundred percent against it, it's just that
[1:31:11]
I, I do see that inappropriate use
[1:31:15]
of conditional use permits to just grant different rules
[1:31:19]
to different people based on what they're doing at the time
[1:31:23]
or who happens to be on the board has the potential
[1:31:26]
to end us up in court.
[1:31:29]
And one of the things i, I try
[1:31:30]
to do on the planning board is head that off when,
[1:31:32]
when I can, 'cause we have other reasons in the town
[1:31:36]
that we're ending up in court
[1:31:37]
and I don't, I don't think the planning
[1:31:39]
board needs to contribute to that.
[1:31:41]
So if you did a minimum of 30% of the
[1:31:45]
structure shall be a permitted non-residential use,
[1:31:49]
you could, you could do that.
[1:31:51]
And then that allows some flex flexibility as to
[1:31:54]
where it's placed in the building.
[1:31:57]
I have a feeling that given the, the existing structures
[1:32:02]
that are here, so if you have conversions, most
[1:32:05]
of those businesses would end up on the first floor
[1:32:07]
because there's no provisions
[1:32:09]
to add elevators without major renovations
[1:32:12]
occurring in the buildings
[1:32:14]
'cause of the life safety codes and things. So elevators
[1:32:16]
Are Expensive.
[1:32:17]
They're extremely expensive and they have to be really wide.
[1:32:19]
So it, that's a big cost.
[1:32:22]
So I would imagine a, you'd get a lot
[1:32:24]
of business on the first floor with residential above.
[1:32:27]
Not in all cases, but that I think
[1:32:31]
what the structure is
[1:32:32]
and what they're gonna do with it,
[1:32:33]
what kind of drive where that goes.
[1:32:35]
But I, I think you absolutely could allow some flexibility.
[1:32:38]
So if someone wanted to put a business on this second
[1:32:43]
or third floor, then they're allowed to do that
[1:32:45]
and they don't have to go for variance. It's
[1:32:47]
Mr. Chase. Yeah.
[1:32:48]
So the only issue I have with that is, is a big difference
[1:32:52]
between 30% of the first floor and 30% of the building.
[1:32:57]
If you've got a hundred foot by a hundred foot building
[1:32:59]
and you've gotta have 30% commercial,
[1:33:00]
that's, that's a big chunk. Yeah.
[1:33:02]
That was not Yeah.
[1:33:03]
Where I was gonna go like 1500 square feet,
[1:33:06]
a 1500 square foot building.
[1:33:07]
I mean there's, they're bigger than that.
[1:33:09]
The downtown is like
[1:33:10]
450. Rephrase the math calculation.
[1:33:12]
The math would have to be, it would have
[1:33:13]
to be rephrased a little more eloquently than just
[1:33:16]
30% of the entire building.
[1:33:19]
Yes, correct. Something something to the effect of
[1:33:24]
30% of
[1:33:29]
one floor placed wherever in the building
[1:33:34]
Or 30% of the building's, you know, footprint,
[1:33:39]
Footprint in on one floor.
[1:33:41]
Yeah. And if they wanna do more, they can do more.
[1:33:44]
This is just a minimum. If they wanna put commercial on
[1:33:46]
three floors, they can put commercial on three floors.
[1:33:48]
But you have to have this percentage somewhere in the
[1:33:51]
building for, to qual qualify for mixed use.
[1:33:57]
I think that's a, a good catch.
[1:33:58]
And and we can, you know, staff can work on, on,
[1:34:01]
on the math formulas without making it overly complicated.
[1:34:04]
'cause I think the intent was
[1:34:06]
that 30% of a floor.
[1:34:10]
Yes. Okay. Not specifying which one.
[1:34:13]
Now could that mean that it's 15% on the first floor
[1:34:16]
or 15% on the second?
[1:34:18]
Probably. So we, we, we need to not be overly restrictive.
[1:34:22]
Right? Yeah,
[1:34:24]
Yeah.
[1:34:25]
Yep. I see what you're saying. Yeah.
[1:34:30]
Okay, so we're saying a minimum of 30%
[1:34:34]
of the building footprint, that's
[1:34:36]
Not The right word.
[1:34:37]
I might, yeah. I don't know how to word this. Building area
[1:34:41]
Footprints usually foundation size, which normal
[1:34:46]
which is normal could say something like
[1:34:48]
The, the combined, the combined commercial area
[1:34:54]
is the equivalent of 30% of one floor.
[1:34:57]
Yeah. That, that would might probably work
[1:35:00]
Some or something.
[1:35:01]
30% of the usable floor space on whatever floor
[1:35:07]
deemed not appropriate,
[1:35:10]
but is desired by the applicant. Because
[1:35:13]
If, well if the goal is to just let commercial
[1:35:17]
wherever the developer decides
[1:35:18]
to put it in the building Yeah.
[1:35:20]
If you just make it like an additive thing,
[1:35:21]
then they can put it wherever they want. And
[1:35:24]
The split well where it's only a minimum they could go,
[1:35:27]
you know, 30% on the first floor, your townhouse style
[1:35:30]
and then if they wanna put another 20% on the second
[1:35:32]
floor for your restaurant.
[1:35:35]
Yeah. I think we don't want sty a minimum.
[1:35:37]
We're not co we're not limiting them. Yeah.
[1:35:38]
We don't wanna limit the commercial. They can,
[1:35:40]
they can put whatever they want,
[1:35:41]
but they have to have that minimum.
[1:35:43]
Are we okay if on floor, are we okay if
[1:35:45]
that means a building ends up being 100% commercial? Oh we
[1:35:48]
Oh yeah, we love that.
[1:35:49]
Oh we love that. Absolutely.
[1:35:50]
Oh yeah. Yep. So I
[1:35:52]
Mean I, I think that that might happen.
[1:35:55]
I mean the history is that
[1:35:57]
re residential sell better in dairy.
[1:35:59]
Yeah. So I wouldn't be worried about
[1:36:02]
that happening when doing in in excess.
[1:36:06]
Okay. But so
[1:36:09]
Mr.
[1:36:10]
Chair Yes. So if we're going in that direction,
[1:36:12]
like not restricting to a single floor, which
[1:36:15]
I think I'm in favor of, might it be simpler
[1:36:19]
to just pick a different number?
[1:36:21]
So 10% of total floor area,
[1:36:26]
whatever the number is, but kind of prevent having
[1:36:29]
to do calculus when interpreting the, the ordinance
[1:36:32]
and just pick a number that is a function of the total
[1:36:37]
square footage total floor area of the building.
[1:36:40]
So it scales with number of floors naturally.
[1:36:45]
Yeah, I mean that might work.
[1:36:47]
I mean you, you might want to use the, you know,
[1:36:49]
net square footage just so that they're not counting attics
[1:36:52]
and garages and things, but Right.
[1:36:54]
Okay. Livable Combined commercial shall be the
[1:36:57]
equivalent of Yeah, it simpler is better.
[1:37:02]
So what are our words? Are we, are we going
[1:37:04]
with like the combined commercial area shall be the
[1:37:07]
equivalent of, are we saying like 10% of the net floor area?
[1:37:14]
Yeah. I mean that works. That
[1:37:16]
Makes sense.
[1:37:19]
I, I suppose is 10% then I what we want to do.
[1:37:22]
Yeah. And I, I admit,
[1:37:23]
I didn't realize if I was supposed to, I apologize.
[1:37:26]
I did not do any research on the precedent for
[1:37:28]
that number. Yeah,
[1:37:30]
No, that's good.
[1:37:32]
That was, that was something
[1:37:33]
that we had discussed at like the last workshop
[1:37:35]
and that was wording that came out of that so
[1:37:39]
Well, so it probably came out of the
[1:37:43]
original kind of formula.
[1:37:45]
Yeah. In, in urban planner school was in these areas, you,
[1:37:49]
the first floor is retail,
[1:37:51]
the second floor is professional office and the third
[1:37:54]
and up is, is is residential.
[1:37:57]
And so therefore if we only require the, the,
[1:38:02]
the retail part, that would've been, you know, 30%,
[1:38:07]
again, if it was only a three story building.
[1:38:09]
But we're also upping the number of stories allowed.
[1:38:12]
So that makes the map a little more complicated.
[1:38:16]
But I I do agree that if we have a single number
[1:38:20]
based on the total net square footage,
[1:38:22]
applicable square footage of the building,
[1:38:24]
that's a lot easier for people to deal with than
[1:38:27]
So the net livable floor area.
[1:38:29]
I mean how, what's
[1:38:30]
I, I don't, I don't know what the correct word of art is.
[1:38:34]
Okay. I'm sure there is a word of art
[1:38:37]
that describes Yeah.
[1:38:38]
'cause I know in a,
[1:38:40]
on our assessing cards we have like gross floor area
[1:38:42]
and then we have livable area.
[1:38:44]
Yeah. And so the difference is being in real estate,
[1:38:47]
I know this so livable would,
[1:38:49]
would have a heating source and flooring.
[1:38:52]
So picture it as a first floor
[1:38:54]
and you have some living space,
[1:38:58]
but you also have where all your utilities are
[1:39:01]
with the cement floor, the cement floor is not living space.
[1:39:05]
So you can't calculate that in.
[1:39:06]
That's the difference between overall square footage
[1:39:09]
and livable square footage. Yeah.
[1:39:11]
Right. And sta you gotta count your stairways
[1:39:13]
or if there's elevator shafts
[1:39:14]
that takes up square footage, you don't count that. Right.
[1:39:17]
Okay. Flooring and heating source Yeah.
[1:39:19]
Have to be considered for living space.
[1:39:25]
Well, I mean, come back with some, whoever wants to,
[1:39:28]
to take a swipe, come back at some, some numbers.
[1:39:30]
We don't have to settle on the final tax.
[1:39:34]
It's often easier to somewhere
[1:39:35]
between judge it when we actually see it in front of us.
[1:39:37]
Okay. Like somewhere between 10 and 30. Yeah.
[1:39:40]
Okay. Alright.
[1:39:41]
And, and you can also look at what other
[1:39:43]
humanities are doing in their core business areas
[1:39:47]
A lot.
[1:39:48]
Yeah. Okay. A a lot of people are moving to form base.
[1:39:53]
So I, I I wanna stay away from that.
[1:39:57]
Haven't done that yet. Okay. We don't
[1:39:59]
Want that.
[1:40:00]
Yeah, I know. So that's why,
[1:40:00]
that's why I was like, oh, okay.
[1:40:03]
Alright. So yeah. Okay.
[1:40:07]
We have changed a couple things.
[1:40:10]
I think transportation spelled that got repel.
[1:40:12]
That was the spelling. Yeah. Parking
[1:40:14]
facilities got taken out.
[1:40:17]
I, I have a question on that.
[1:40:18]
What, why are we taking parking out
[1:40:22]
of the central business district?
[1:40:25]
If we're gonna add density, why are we eliminating parking?
[1:40:29]
Well, it would be a, it would be a like
[1:40:31]
a lot being converted to a, just a parking lot.
[1:40:36]
That's what we're, we wouldn't wanna do that.
[1:40:38]
So if Cumberland Farms went away
[1:40:42]
and someone bought it and just wanted
[1:40:44]
to put a parking lot there, I don't think that's
[1:40:46]
what we would, that wouldn't be the best
[1:40:47]
and highest use of that lot. Okay. So we, so
[1:40:49]
We've gotta add something in there
[1:40:50]
because by definition a parking facility is
[1:40:52]
what we're building on Aport, which
[1:40:53]
Is in the TBOD, which is okay 'cause this is the CBD.
[1:40:57]
Right. But there are some opportunities in the CBD lots
[1:41:02]
that we wouldn't, we walked past on our site walking in
[1:41:05]
February that would be cohesive with mixed use in,
[1:41:10]
combined with a parking garage such as Abbott court
[1:41:13]
that are in the CBD and on the TBOD.
[1:41:16]
I mean Mr. Chase has a, a valid point
[1:41:18]
'cause we're we're talking about increasing
[1:41:21]
density that means more people.
[1:41:23]
And one of the things I've noticed personally is
[1:41:26]
if you've got four people living in a house,
[1:41:29]
they have four or five cars.
[1:41:32]
Yeah. And so on some of these smaller lots,
[1:41:36]
if we increase the density there, we may need
[1:41:38]
to think about where are those cars gonna go.
[1:41:40]
Right. 'cause they're not necessarily gonna go on onsite
[1:41:42]
and they're not necessarily gonna go on street.
[1:41:44]
So, and I agree with that
[1:41:45]
because one of, unfortunately I'm becoming known
[1:41:50]
as the parking queen because I'm always
[1:41:52]
asking about parking.
[1:41:55]
If we do that can, is there a way to say parking facilities,
[1:41:59]
but there it's not by itself.
[1:42:02]
Like do we want an entire lot in the CBD
[1:42:06]
to become a parking garage
[1:42:08]
or do we want it to be connected with a use? Well, I
[1:42:11]
Guess the question is, I guess that's
[1:42:12]
what I'm asking. Yeah.
[1:42:13]
If I'm a, an entrepreneur, what is my ROI on,
[1:42:18]
you know, making a flat parking lot
[1:42:25]
versus building a structure.
[1:42:28]
I'm gonna think the natural tendency is to build a building
[1:42:32]
that you can rent to people
[1:42:34]
over a building on the parking lot
[1:42:36]
where you can rent them a space just
[1:42:38]
because the money issue. Right. But,
[1:42:40]
And, and I guess a lot of
[1:42:42]
where my question also comes from,
[1:42:43]
besides what I've stated is if you look at the definition
[1:42:47]
of parking facility, it's not just a parking lot.
[1:42:50]
It's below ground. It's above ground,
[1:42:52]
which is a parking garage.
[1:42:55]
So, and there are some lots in the CBD that would
[1:43:00]
be easily converted to a parking garage in association
[1:43:05]
with the increased density that we're having.
[1:43:07]
I mean it's, it's natural if you increase density, you, you,
[1:43:11]
you increase a need for parking.
[1:43:12]
So to eliminate a parking facility in the CBD is not,
[1:43:17]
doesn't, to me it doesn't make sense.
[1:43:20]
It can be, the definition could be changed
[1:43:23]
or it could be changed
[1:43:27]
in the non permitted uses.
[1:43:31]
So that, as you stated, no,
[1:43:32]
we do not want a building taken down such
[1:43:36]
as we have had a couple, we had one on Central Street
[1:43:39]
next to the house hand club.
[1:43:41]
We had one on Burt Street.
[1:43:43]
They tore down a building that was mixed use
[1:43:48]
and it's a parking lot now.
[1:43:50]
Actually two of 'em on Burt Street.
[1:43:52]
So that's not what we want,
[1:43:56]
but we should encourage the development of parking garage.
[1:44:00]
I mean that's, any, any, if you look at any
[1:44:02]
of the other towns or cities in the state, you know, Nashua,
[1:44:07]
Manchester, Portsmouth,
[1:44:08]
Portsmouth has built three parking
[1:44:09]
garages in the last year and a half.
[1:44:11]
Concord, Concord, same thing.
[1:44:13]
There's, there's a need for it. We can't eliminate that.
[1:44:15]
That's, that's my the point I'm trying to get across.
[1:44:17]
We can't eliminate that with what we're trying to do
[1:44:20]
with density and bringing people to the downtown.
[1:44:23]
So if, if there's a concern about a single
[1:44:27]
floor parking lot, I dunno what to call it, like an open lot
[1:44:31]
would, we could, if that's actually a concern,
[1:44:34]
I suppose we could add a definition parking lot as opposed
[1:44:38]
to parking facility or whatever.
[1:44:41]
And then that could be a, well not a prohibited use,
[1:44:45]
but I,
[1:44:46]
but I generally agree that parking facilities,
[1:44:50]
especially if it's in a mixed use context, though,
[1:44:53]
I'm not a hundred percent sure how that would work.
[1:44:56]
Does this prohibit a multi-story building from
[1:45:00]
Build?
[1:45:01]
No. No. So if you had, if stand alone, yeah.
[1:45:02]
If you standalone a big lot
[1:45:04]
and you were putting up like multi-story building
[1:45:07]
and it had some commercial and it had some residential
[1:45:10]
and then you wanted to put a parking garage beside it.
[1:45:13]
That's not, that's all part of that thing.
[1:45:16]
I don't, I don't think we would look at that
[1:45:18]
and say, oh you can't have the parking garage
[1:45:22]
because that's an accessory use to the, on that one lot.
[1:45:25]
It's an accessory use to the primary, which is
[1:45:28]
that mixed use commercial
[1:45:29]
Building.
[1:45:30]
What if it's the primary use to another accessory use?
[1:45:32]
If the primary use is, I'm gonna take this, you know,
[1:45:36]
threequarter of an acre lot and I'm gonna stripe it
[1:45:39]
and make it a parking lot
[1:45:41]
and I'm going to privately charge people for, to park there
[1:45:45]
or I'm going to, I, I don't, I I don't know.
[1:45:49]
I mean we, we allow, I'm trying to, I'm working
[1:45:51]
through this in my brain right now.
[1:45:53]
We allow businesses
[1:45:56]
and in the TBOD especially,
[1:46:00]
we allow businesses to have on and off street, like public
[1:46:05]
and private parking and they can make up their parking
[1:46:08]
numbers if they have a private agreement with somebody else.
[1:46:11]
But I think the whole goal is
[1:46:13]
that we do not wanna promote on
[1:46:14]
our vacant lots that we have.
[1:46:15]
We don't wanna promote parking lots.
[1:46:20]
Maybe we can do that with a definitional thing
[1:46:23]
and say a parking facility is not a surface parking lot.
[1:46:27]
It is a multi-story parking garage, which may
[1:46:31]
or may not be in, in, you know, consort with some other
[1:46:36]
development on, on top of it or, or or the side of it.
[1:46:39]
But my concern is
[1:46:42]
that if we're gonna increase the density in that district
[1:46:45]
and we walk the most of the district
[1:46:46]
and most of those parcels are small.
[1:46:48]
So if we increase the number of people living in those
[1:46:53]
places on those small lots,
[1:46:56]
you can't increase the size of the lot.
[1:46:58]
You can't shrink the cars
[1:47:00]
and more people is gonna be in more cars.
[1:47:02]
So they're gonna need some sort
[1:47:04]
of private offsite parking arrangement.
[1:47:07]
And there's gotta be the ability for somebody
[1:47:10]
to put in a parking garage that could service all
[1:47:13]
of the increased residential density
[1:47:15]
that we just talked about.
[1:47:17]
Okay. Can we, oh, go ahead.
[1:47:19]
So if the concerns avoiding parking lots,
[1:47:21]
could you just not change it to multi-level parking
[1:47:23]
facilities so it avoids the parking lot?
[1:47:26]
Yeah, I think we'd have to change our definition
[1:47:28]
of parking facilities.
[1:47:30]
Which right now I'm gonna borrow your books.
[1:47:32]
Yeah. Okay. That's why I put it there. Thank
[1:47:34]
You.
[1:47:35]
A parking facility is a use dedicated to the outdoor storage
[1:47:38]
of registered motor vehicles, which may be at ground level,
[1:47:42]
below ground and or above ground.
[1:47:44]
Such use shall be devoted to the parking of passenger cars
[1:47:47]
and shall specifically exclude unregistered motor vehicles
[1:47:51]
in trucks registered over one ton.
[1:47:55]
I suppose if we wanted
[1:47:57]
to retain parking facility in the CBD,
[1:47:59]
we could amend the definition of parking facility
[1:48:03]
and remove that at ground level
[1:48:05]
and then add a parking lot definition.
[1:48:08]
So my, my my suggestion is
[1:48:10]
that might have unintended consequences based on where else
[1:48:13]
that let's just add a new use and, and,
[1:48:15]
and I think as, as Mr. Wood suggest,
[1:48:17]
they call it multi-level parking facility.
[1:48:19]
Okay. And make that have more requirements
[1:48:23]
and then change this to multi-level parking facility.
[1:48:27]
And that way we don't change
[1:48:29]
uses in other districts by mistake.
[1:48:31]
Okay. Would someone like to come up
[1:48:33]
with a definition from multi-level parking facility
[1:48:36]
or I can use the planner's dictionary, whichever you prefer.
[1:48:41]
Yeah, I mean I think the, the idea is that, and,
[1:48:44]
and tell me if I'm crazy if, if we increase the density
[1:48:49]
and we don't increase the size of the lots and,
[1:48:51]
and we're having redevelopment.
[1:48:53]
Yeah. I, no, I yep, I agree.
[1:48:54]
Where are we gonna park the cars?
[1:48:56]
I agree. Because then becomes the problem that, you know,
[1:48:59]
my daughter's always talking about in
[1:49:00]
Dover, there's nowhere to park.
[1:49:02]
Well I mean the, the, the apartments slash condos along
[1:49:06]
Broadway, they were parking on the street
[1:49:07]
and the town said no, no, no, no.
[1:49:10]
I don't know. I dunno where they're parking now,
[1:49:12]
but they must have found somewhere.
[1:49:14]
Okay. This is where, this is where in redevelopment
[1:49:19]
on certain areas of the town, you have smaller lots.
[1:49:21]
This is when people start combining these lots
[1:49:25]
and we may start seeing some of this already coming up
[1:49:28]
where they wanna expand their business,
[1:49:31]
they need more parking or whatever,
[1:49:34]
so they're gonna buy up the next lot.
[1:49:37]
Right? Yep. So that's what you're really kind of promoting.
[1:49:40]
Okay. So, well it's, it's what we're promoting,
[1:49:44]
but it's what we're trying to prevent too.
[1:49:46]
We don't want what's happened in the past by the next lot,
[1:49:50]
kick that business out, tear that down
[1:49:52]
and put in just parking lot, just ground level parking.
[1:49:55]
That's what we're trying to avoid.
[1:49:56]
So we've gotta have a definition to prevent that.
[1:49:59]
I agree with, with Ms.
[1:50:00]
Roberto on that we, that that's what we're trying to avoid.
[1:50:02]
So we have to have some kind of a definition so that
[1:50:05]
that does not happen anymore.
[1:50:07]
We've already lost a couple of prime lots to
[1:50:09]
that we don't wanna lose anymore.
[1:50:12]
So one of the kind of main concerns here is, is
[1:50:16]
like the Cumberland Law, these kind of empty
[1:50:19]
that are on the main road going down here,
[1:50:22]
would it be huge issue if some of these back roads
[1:50:25]
of a parking garage went up?
[1:50:26]
Because if we, maybe 'cause in Concord was mentioned
[1:50:30]
and Concord's parking garage specifically the one
[1:50:32]
that is right by the State House.
[1:50:34]
Yeah, that's a big parking facility,
[1:50:36]
but it's kind of sandwiched between two buildings
[1:50:38]
that are on the frontage of
[1:50:40]
The main road.
[1:50:41]
Yeah. So Cumberland was probably not a great example
[1:50:42]
'cause that's actually in the TBOD.
[1:50:44]
But like as you move back, you know, behind.
[1:50:48]
So if we go, you know, Pearl Street or Yeah.
[1:50:51]
Those first couple roads we went down Yeah.
[1:50:52]
In there or along Franklin, I, I don't think we would want,
[1:50:56]
I don't think we would want someone to take down
[1:50:58]
that beautiful gray house that's there,
[1:51:00]
that's been there forever and, and, and take that down
[1:51:04]
and make a parking lot there.
[1:51:06]
Yeah. Yeah. That's not the best
[1:51:07]
and highest use of that land.
[1:51:11]
So I don't,
[1:51:12]
but we do need parking if we're gonna,
[1:51:14]
if we're gonna promote density and I agree with all of that.
[1:51:17]
So if you're gonna live in the downtown, you need to be able
[1:51:19]
to have a place to put your vehicle
[1:51:21]
because let's face it, it's New England
[1:51:22]
and we don't have public transportation here.
[1:51:25]
So it's, you have to have a car
[1:51:28]
And you know, not for nothing.
[1:51:29]
We have parking vans on downtown streets in, in the winter.
[1:51:34]
And so to the extent that people use on street parking,
[1:51:38]
they can only do that for part of the year.
[1:51:40]
Where are they gonna put the car in the winter?
[1:51:43]
Okay. I mean in large cities.
[1:51:47]
I've never lived in a large city.
[1:51:48]
But my understanding is that when they have a snow emergency
[1:51:52]
and you have to get your cars off the street,
[1:51:54]
all the city garages open up for free parking,
[1:51:56]
you're supposed to put your cars there.
[1:51:59]
Yeah. Yeah. Okay.
[1:52:02]
Yeah, I think we need two definitions.
[1:52:03]
One for packing facility
[1:52:04]
and one for a packing lot ground level packing lot.
[1:52:08]
And I think that would clear it up
[1:52:14]
until somebody finds some creative way to challenge it.
[1:52:21]
Okay. Okay. Alright.
[1:52:24]
We'll probably come back to that again. Yes sir. Okay.
[1:52:27]
We added medical office. Anyone have any issues with that?
[1:52:31]
No. And then on the one
[1:52:36]
without public sewer, we removed a whole bunch of stuff
[1:52:41]
and then said conversions
[1:52:42]
and new developments must connect
[1:52:43]
to the municipal sewer system.
[1:52:45]
Yeah. Yeah.
[1:52:46]
Right now the sewer ordinance says if you're within 125
[1:52:50]
feet you have to connect.
[1:52:51]
But in the CBD, water and sewer is everywhere.
[1:52:54]
And if they're not connected, there's no,
[1:52:56]
they're they're gonna be within 125 feet.
[1:52:58]
Oh yeah. So there's no reason not to have them connect.
[1:53:01]
I'm just recalling. And I don't know if it
[1:53:03]
pertains maybe to the downtown.
[1:53:05]
'cause most of the downtown's got water and sewer anyway.
[1:53:08]
But when I was on the council one time, we,
[1:53:10]
we brought sewer down a certain road
[1:53:13]
and then we required the residences to connect.
[1:53:16]
And then at the time, I won't name any names,
[1:53:19]
it was a senator that changed the law that says you don't,
[1:53:22]
you're not, you can't force them to connect.
[1:53:24]
Okay. Just check into that just to be sure.
[1:53:27]
Because that, that,
[1:53:29]
and what happened with that law is they said, yeah,
[1:53:32]
you don't have to connect until your septic fails.
[1:53:35]
Okay. Once that fails, then you have to connect.
[1:53:37]
Okay. All right. We'll do that.
[1:53:39]
I know for new developments,
[1:53:40]
I'm pretty sure the sewer ordinance says within 125 feet.
[1:53:44]
So I'll double check all that.
[1:53:46]
I mean, I don't understand why wouldn't,
[1:53:47]
people wouldn't want to connect
[1:53:48]
because it, it's bringing more value
[1:53:50]
but still there are people that Yeah. Don't wanna be told.
[1:53:54]
Yep. And then you have all that
[1:53:55]
additional air you can use.
[1:53:56]
Now it's not encumbered by septic.
[1:53:59]
Well again, you know, with with more, more density,
[1:54:01]
you're gonna have more bathrooms and more Right.
[1:54:04]
Water flow and you're probably gonna over stress the
[1:54:09]
capacity of whatever septic you may have anyway.
[1:54:11]
Yeah. Well, not to
[1:54:16]
beat on this, but you're right about that law.
[1:54:21]
But if they're converting
[1:54:23]
or if it's a new development,
[1:54:24]
it falls under this regulation that Ms.
[1:54:27]
Robo was talking about. If they're converting it
[1:54:29]
and especially adding density,
[1:54:31]
then their original sew design is gone.
[1:54:34]
Septic design, I mean, is gone.
[1:54:35]
So they have to connect and if it's new,
[1:54:39]
it falls under the regulations.
[1:54:40]
They have to connect and then if they want greater density,
[1:54:45]
they're gonna have to connect.
[1:54:47]
Yeah. You can use that for the capacity.
[1:54:49]
So if self regulates Yeah,
[1:54:50]
I'll double I'll double check though.
[1:54:51]
'cause we don't wanna be contrary to any state law. Right.
[1:54:53]
Yeah. Okay. Thank you. Good point.
[1:54:57]
Okay, so, oh,
[1:55:02]
the next one is, is is mine.
[1:55:04]
So we, we we, we've wanted to figure out
[1:55:06]
what we're gonna do about yard depth.
[1:55:09]
'cause the orig, the current re regulation is that can be
[1:55:15]
eight, eight feet because we wanted
[1:55:17]
to again, maintain the street scape.
[1:55:19]
We didn't want bowling alley lots with buildings
[1:55:23]
that way back next to one that's right up on the street.
[1:55:26]
So it looks like a saw tooth.
[1:55:28]
So I made some attempts at this
[1:55:32]
and the numbers were ones that I literally picked out of air
[1:55:35]
and I'm happy to have folks suggest alternate numbers.
[1:55:40]
But basically the idea was that
[1:55:43]
when the lot width at the front lot line is 75 feet
[1:55:48]
or less, the maximum yard depth
[1:55:51]
that was a typo shall be eight feet
[1:55:55]
or the average of the existing yard depths
[1:55:57]
for 100 feet in every direction along the street,
[1:56:01]
whichever whichever's greater.
[1:56:03]
And then b, when the lot width at the front lot line is
[1:56:06]
greater than 75 feet,
[1:56:08]
the maximum yard depth shall be 25 feet.
[1:56:10]
So it basically means that you got a big,
[1:56:13]
big walk wide frontage,
[1:56:15]
you can be set back a little bit 'cause it's in scale.
[1:56:19]
If you've got a narrow lot, we don't want you
[1:56:21]
to like push the building to the back of a lot.
[1:56:24]
And I think you did some artwork that goes along with this.
[1:56:28]
I did. So if you, in your packet, there's a sheet
[1:56:32]
that has, where'd it go?
[1:56:35]
I just had it, it has the eight and 25 foot setback shown.
[1:56:41]
So it, it's hard to see on the sheet.
[1:56:45]
I do have it on the overhead if you guys feel the
[1:56:47]
need to zoom in on it.
[1:56:49]
But when you look at these,
[1:56:52]
when you look at this like the West Broadway one, the black
[1:56:55]
that you see, like the gray line
[1:56:57]
with the red, that's the road.
[1:56:58]
And then there's like white, which is probably still road.
[1:57:01]
Then there's a black line, the red area,
[1:57:05]
there's like a little yellow strip.
[1:57:08]
So that yellow strip would be the eight foot setback.
[1:57:12]
So if, if you, I dunno if you can zoom in on that, Owen
[1:57:15]
or not, if you can make that bigger.
[1:57:19]
Hmm. Oh, the yellows are very light yellow. Okay.
[1:57:21]
Yeah it is. Yeah. They're light yellow.
[1:57:23]
So, so when you look at it, so the buildable area
[1:57:26]
with the eight foot maximum is the red.
[1:57:29]
That's where you can put your buildings.
[1:57:31]
The yellow would be the setback for
[1:57:36]
the areas in blue it would be from the,
[1:57:40]
the black line back to your buildable,
[1:57:42]
your buildable area would be the blue areas
[1:57:46]
from the black property line, if that makes sense.
[1:57:50]
So black is your property line
[1:57:52]
and then red is your eight foot building envelope.
[1:57:56]
And then blue is the 25 foot building envelope.
[1:58:00]
And you'll see on some of these lots, like if you look over
[1:58:03]
where Grove Street is, you, some of the lots, like you,
[1:58:08]
you couldn't, they're so small, you,
[1:58:09]
there's no way you could have a 25 foot setback.
[1:58:12]
The lot becomes unbuildable in the same down in the,
[1:58:16]
in like in the Sawyer store court area.
[1:58:24]
So this just kind of gives you an idea of, you know,
[1:58:27]
in those areas you could put a structure.
[1:58:30]
So I'm, I'm still a little confused
[1:58:31]
'cause the, you've got a, a key for blue,
[1:58:35]
it says buffer 25 red.
[1:58:37]
Yeah. Buffer eight. Yes.
[1:58:38]
But there's no key for yellow. What is that?
[1:58:40]
The yellow is the, that is, so when you're looking at it,
[1:58:43]
so you've got the, you have the black property line.
[1:58:48]
Yeah. So if you could look like just above South Owen,
[1:58:51]
like just above the word south.
[1:58:53]
So you've got the black property line.
[1:58:54]
So that's your property line. Yep.
[1:58:56]
The, that yellow distance between the black property line,
[1:59:01]
the yellow between the black
[1:59:02]
and the red, that is your, that's your eight foot setback.
[1:59:05]
So the red area. So why,
[1:59:07]
Why is the red called the buffer eight?
[1:59:10]
Because that is the buildable area.
[1:59:13]
That would be your buildable area
[1:59:15]
with an eight foot maximum setback.
[1:59:17]
You can build, you could put a structure
[1:59:20]
anywhere where that red is
[1:59:22]
Inclusive of the Inclusive of the blue, I would guess
[1:59:25]
Inclusive of the blue.
[1:59:26]
Yes. Oh, okay. Yes. Sorry.
[1:59:27]
Because I couldn't, yeah, I, there was, if I tried
[1:59:31]
to show like, here's your red, here's your blue.
[1:59:33]
Yeah. It wouldn't have made sense
[1:59:34]
and it, so you wouldn't have seen what I wanted you to see.
[1:59:37]
Gotcha. So, and then where the blue is that is your,
[1:59:42]
the blue is your buildable area at a 25 foot setback.
[1:59:47]
Yeah. I'm guessing from looking at this, that there are
[1:59:51]
there certain number of lots in that first quadrant
[1:59:57]
of the map on, on your sheet that could really use a,
[2:00:01]
an eight foot setback
[2:00:03]
and then the other quadrant to the right.
[2:00:07]
It's like, yeah, that's not gonna, that's not gonna happen.
[2:00:12]
So again, that I guess my intent was that
[2:00:17]
if it, if there's two standards, one for wide lots
[2:00:20]
and one for skinny lots, the,
[2:00:21]
the skinny lots over on the the right would
[2:00:23]
just not make sense.
[2:00:26]
The wider lots over on the left. Yeah.
[2:00:28]
It, it might make sense depending on what you wanna do.
[2:00:34]
This is a little misleading
[2:00:37]
because we're only talking about front setback. Correct.
[2:00:40]
Yeah. And unfortunately
[2:00:41]
There's so the red on the side in the back
[2:00:43]
Right.
[2:00:44]
There's, there's way. So you're building on hope
[2:00:45]
Is Really, there's no way to make it.
[2:00:47]
Yeah. It is bigger. There's no way for me to make the,
[2:00:50]
the GIS do what I want it to do. So
[2:00:52]
When you look at this, you've gotta look at it from the
[2:00:54]
street side only.
[2:00:55]
Yeah. And look at your red envelope. Yeah.
[2:00:57]
And then your blue on both sides in the rear,
[2:01:01]
your blue would go all the way back.
[2:01:03]
Yeah. To your eight foot.
[2:01:06]
Yeah. But it gives you, So it's not that small
[2:01:08]
on the sides and the back.
[2:01:10]
It's only in the front, the red. Yeah.
[2:01:12]
But I think it does point out that there's two
[2:01:15]
classes of lots.
[2:01:16]
Yes. The ones that it just doesn't make any sense, right?
[2:01:18]
Yeah. And the ones it doesn't.
[2:01:19]
And I guess the question is, is the the 75 foot un and under
[2:01:24]
or the 75 foot and over, is that the right
[2:01:27]
demarcation for this?
[2:01:28]
Maybe in this district it might need to be 50
[2:01:31]
because there's a lot of lots that are, that are like
[2:01:36]
50 feet wide or 60 feet, you know, 60 or
[2:01:39]
One.
[2:01:40]
So if it's 51 foot, you should have a deep setback.
[2:01:45]
Maybe I'm just, I I'm thinking 75 might for this district
[2:01:50]
might not be the right number.
[2:01:52]
Maybe it's 60. I'm not sure.
[2:01:56]
Again, the, the idea was to eliminate the, the sawtooth
[2:02:00]
and, and fulfill the, the purpose of,
[2:02:03]
of maintaining a somewhat uniform street scape.
[2:02:08]
The, the other thing that we should probably look at,
[2:02:11]
because I think it is not separable from
[2:02:16]
this, is the parking.
[2:02:24]
So that's over on page five.
[2:02:29]
Right? So the proposal there
[2:02:34]
was that number one,
[2:02:38]
all off street parking areas shall be
[2:02:40]
provided in such a way that no vehicle will be required to,
[2:02:44]
or likely to back into the street access drive into the lot.
[2:02:48]
That was text I stole from the TBOD. Yeah.
[2:02:52]
We kind of agreed that. I don't know where that came from.
[2:02:54]
Well, I have no, I, there's no record
[2:02:56]
of why into the lot was added back in outside. Yeah. So
[2:02:59]
I, I know that during our district walk we said, man,
[2:03:04]
you know, having these cars parked here
[2:03:05]
and having to back out into the street,
[2:03:07]
that's, that's kind of dangerous.
[2:03:09]
So we said, let's not do that.
[2:03:12]
Number two, no parking, storage
[2:03:15]
or display of vehicles shall be allowed
[2:03:17]
between the front lot line
[2:03:19]
and a line parallel with the front
[2:03:21]
of the structure closest to the front lot line.
[2:03:24]
So basically that means you can't
[2:03:25]
park in front of your building.
[2:03:29]
And I think that that will be self-regulating
[2:03:31]
because in my opinion, the reason
[2:03:34]
that somebody would most likely want a big 25
[2:03:38]
or 50 foot setback is they want to have a parking lot
[2:03:42]
for their tenants
[2:03:43]
or their customers in front of their building.
[2:03:45]
And we just, I heard everyone on the board pretty
[2:03:48]
much say we don't want that.
[2:03:54]
And then the final one says three, that parking shall
[2:03:58]
otherwise be as
[2:04:00]
provided in chapter one 70 land
[2:04:01]
development control regulations.
[2:04:02]
So it says, you know, don't design it so you have
[2:04:06]
to back out in the street and you can't actually
[2:04:08]
park in front of your building.
[2:04:11]
At least in, in, in new developments,
[2:04:13]
obviously existing stuff is grandfathered.
[2:04:15]
Right? Yeah. So that in conjunction
[2:04:20]
with the option to have a larger setback, if,
[2:04:24]
if the reason people want it is not to put picnic tables
[2:04:27]
and gazebos for outside dining, they wanna park cars,
[2:04:31]
they're probably not gonna choose that option.
[2:04:37]
Okay. What's on that
[2:04:41]
Also not as, not as substantial as, as what you're saying,
[2:04:44]
but shouldn't also the revised July 16th, 2015 be part
[2:04:49]
of the element that struck out? Oh,
[2:04:52]
It could be, yeah.
[2:04:53]
When we get to the final draft,
[2:04:54]
we'll make sure everything's accounted for.
[2:05:00]
Alright. So I'm not, I'm not getting any comments here.
[2:05:02]
So it's either good, very good or very bad.
[2:05:06]
I, I like it.
[2:05:07]
I was skeptical reading the, your proposal for the setback
[2:05:11]
until we got to the parking
[2:05:13]
because I, I think my issue with the,
[2:05:17]
with allowing a larger setback was parking in front
[2:05:20]
of the buildings and this park
[2:05:24]
parking section really addresses that
[2:05:26]
and alleviates my concern.
[2:05:29]
Okay. Any other thoughts?
[2:05:31]
Yeah, I, I, I absolutely concur with the, the goal
[2:05:35]
of not having this parking in the front
[2:05:37]
and the, the setbacks to accommodate that.
[2:05:42]
You were saying that you kind of, you kind
[2:05:44]
of pulled these numbers of what felt kind of right.
[2:05:47]
Was that from our, our site walk or were you looking at
[2:05:51]
Map or It, it was based on, on my memory of,
[2:05:55]
of the sidewalk and,
[2:05:56]
and the size of, of varying sizes of parcels.
[2:06:01]
But there's, it was no scientific research behind it. Okay.
[2:06:04]
Because that was the only, I just,
[2:06:07]
We, I had to put some numbers in to show Yeah.
[2:06:10]
What the, the structure was.
[2:06:11]
I'm just not convinced that the numbers
[2:06:13]
that are in there are the correct numbers.
[2:06:15]
That, that's kind of what I was getting at that, you know,
[2:06:17]
maybe it might be worth, I don't know if we,
[2:06:20]
maybe not another site walk,
[2:06:21]
but just, I dunno, another workshop in the future.
[2:06:24]
Maybe we look into it a bit more or try to try to get
[2:06:26]
Some numbers.
[2:06:27]
Well, maybe, I mean, I'm no GIS expert either,
[2:06:31]
but it might make sense to try to take two
[2:06:36]
prototypical lots, one of the, the larger size
[2:06:39]
that could accommodate larger scale redevelopment
[2:06:42]
and then one of the smaller ones where yeah,
[2:06:44]
you're really maybe gonna create another apartment or two
[2:06:49]
and try to do a paper doll.
[2:06:51]
Okay. Yep. Study on, on, on those. Okay.
[2:06:55]
And, and figure out, alright, where, where,
[2:06:57]
where is the threshold lot width,
[2:06:59]
where it doesn't become an ugly saw tooth.
[2:07:02]
Okay. And some of that is perceptional
[2:07:05]
and aesthetic, so there's probably no hard answer
[2:07:09]
to that. Okay.
[2:07:10]
Alright. We can do that.
[2:07:12]
So my only concern is with section A,
[2:07:17]
with the average of the existing yard depths
[2:07:19]
for a hundred feet in every direction, I get you're trying
[2:07:22]
to go for uniformity, but in,
[2:07:25]
Well, Ms.
[2:07:26]
Ro thought that was a bad idea
[2:07:26]
and that we should probably strike that part out
[2:07:29]
because it just makes things more complicated.
[2:07:31]
That's, and I didn't argue with that. So
[2:07:33]
Yeah, that's kind of what I was thinking.
[2:07:34]
Okay. I guess I, I'm concerned
[2:07:39]
and the only way to show it out would be a GIS study,
[2:07:43]
but there's probably several lots
[2:07:47]
that are at least 75 feet wide
[2:07:49]
but might not support a 25 foot yard depth
[2:07:56]
due to depth limitations. So.
[2:07:59]
Right. I, I did do a little bit of spot checking
[2:08:04]
before the meeting to kind of give an idea.
[2:08:07]
So in this section here, so the, the little insert
[2:08:12]
to the right, the three lots that front on Birch Street,
[2:08:17]
the one to the left is 74 feet wide.
[2:08:20]
The one in the middle is 65.
[2:08:22]
And then that narrow one is 66, believe it
[2:08:26]
or not, for frontage.
[2:08:28]
And then down in the
[2:08:32]
central court area on the corner of Central Street
[2:08:37]
and central court,
[2:08:41]
that lot has 55 feet of frontage on Central Street.
[2:08:46]
And then the,
[2:08:50]
the 23 central court, which is the, the, in that area,
[2:08:55]
it's the second largest blue area,
[2:08:58]
I guess is the best way to put it.
[2:09:00]
That has 67 feet of frontage.
[2:09:02]
So it's narrow at the front, it gets bigger to the back.
[2:09:05]
But that one is like, that has different characteristics
[2:09:10]
'cause it's encumbered by floodplain and all of that stuff.
[2:09:13]
So that doesn't have as big a buildable area on it.
[2:09:16]
But just to give you an idea of what some
[2:09:19]
of the frontages were,
[2:09:21]
I do think that that, that achieve what we want
[2:09:23]
to achieve though, even though it has
[2:09:24]
that larger area in the back, we wouldn't want that property
[2:09:27]
to be, to be set back 25 feet
[2:09:30]
'cause that it would, it's surrounded
[2:09:32]
by properties with less frontage.
[2:09:34]
And so if they were all eight foot and then that one was 25,
[2:09:37]
That one, I mean that particular one, the character
[2:09:40]
of the neighborhood, the homes are, the homes
[2:09:42]
and buildings are all set back further.
[2:09:45]
So, you know, it, this one would be,
[2:09:49]
what do we have it written?
[2:09:50]
It's less than 75 feet. So it would be at the eight
[2:09:54]
We're kind of imagining Yeah. Planning for redevelopment.
[2:09:57]
Yeah. So it would, you'd have, you'd have
[2:10:01]
everything set back
[2:10:02]
and then this one would be right on the road
[2:10:06]
or you know, at that maximum eight feet.
[2:10:08]
So I don't, I don't know.
[2:10:10]
And, and if, if this is just my, my angle, but
[2:10:12]
Lemme know which, which supports his argument
[2:10:14]
to have the average of, you know,
[2:10:16]
the a hundred foot average. So
[2:10:18]
I, this may just be my lack of familiarity,
[2:10:21]
but anytime you're trying to make these kind
[2:10:24]
of aesthetic changes and you're not just buying up a whole
[2:10:28]
neighborhood smashing everything
[2:10:29]
and rebuilding it all at once, you won't, you always kind
[2:10:32]
of have these, you know,
[2:10:34]
that building doesn't really look right right now
[2:10:35]
because it's incrementally changing.
[2:10:37]
Okay. Yep. You will. I
[2:10:42]
it's been voiced, but I guess my only, my other concern
[2:10:46]
with this is the hard difference between the two.
[2:10:52]
So, you know, like you'll have one that's one foot over
[2:10:57]
the width that we specify whatever width we specify,
[2:11:00]
there's gonna be, you know,
[2:11:03]
So I mean I, we could have three or four tiers.
[2:11:09]
And I guess the question is, is that really better?
[2:11:13]
It's certainly more complicated. It is more flexible.
[2:11:20]
I, I think one of my problems is I'm, I'm trying
[2:11:23]
to visualize the future state.
[2:11:28]
'cause we, we know what the current state is, right? Right.
[2:11:32]
I'm trying to figure out why someone
[2:11:34]
with an har lot would want a, a deep front yard.
[2:11:38]
What's it gonna look like? And and what are the amenities?
[2:11:40]
What's the, what, why would the, the jaggedness of,
[2:11:44]
of the street scape be a good trade off
[2:11:47]
for whatever they decide to put in their front yard?
[2:11:51]
I just can't visualize it myself.
[2:11:54]
We, we are operating on the presupposition
[2:11:57]
that these developers will always take the massive maximum
[2:12:00]
amount of setback that they can. Well,
[2:12:02]
I, I I I, I don't think they will the,
[2:12:05]
but the request was to provide flexibility
[2:12:07]
because some would the parking thing I put in,
[2:12:12]
'cause I suspected most of them would
[2:12:13]
do it 'cause they wanted parking.
[2:12:15]
And if they couldn't have parking,
[2:12:16]
they might choose to do something else.
[2:12:18]
Okay. But I'm trying to figure out if it's not parking
[2:12:22]
and it's not a, you know, blue house pizza
[2:12:24]
with picnic tables out front, what's it gonna be?
[2:12:29]
My, my vision, I guess is limited in, in,
[2:12:31]
in, in thinking about that.
[2:12:33]
All right. So it's after nine o'clock.
[2:12:36]
So I'll admit my brain is not the sharpest,
[2:12:38]
but if, if we changed the word maximum to minimum,
[2:12:43]
so you could have a minimum of an eight foot,
[2:12:45]
but you could go back further.
[2:12:47]
Well, no, I think the whole, to preserve a streets scape
[2:12:51]
as we do with the TBOD, it has to be a maximum.
[2:12:54]
A maximum. Because a minimum means if it's a minimum of 25,
[2:12:58]
the maximum could be to your back W line.
[2:13:01]
Right. Okay. And that's not what we want.
[2:13:03]
Yeah. Right. Okay.
[2:13:04]
So for clarity, we're the intent here being proposed is to
[2:13:09]
pull future development closer to the street.
[2:13:11]
We, we want, we want the central business district to kind
[2:13:16]
of look like the streets one block
[2:13:20]
or two blocks off of Elm in Manchester
[2:13:22]
or off of Maine in Nashua.
[2:13:26]
That's kind of the vision in my brain. Okay.
[2:13:29]
Alright. So one last thing though.
[2:13:32]
We, I'm trying to find it.
[2:13:35]
I can't, I used to know exactly
[2:13:36]
where it was and I cannot find it.
[2:13:38]
Now we also have
[2:13:44]
a article in our ordinances that in older neighborhoods,
[2:13:47]
if you are building
[2:13:50]
or adding on, you are not required
[2:13:54]
to meet the 35 foot setback.
[2:13:56]
It says that you must be within the average of
[2:13:59]
structures 100 feet.
[2:14:01]
That's on either side.
[2:14:02]
So we have to write this so
[2:14:04]
that it does not run a foul of that.
[2:14:10]
I think it wasn't, I don't think it's a separate
[2:14:12]
section by itself.
[2:14:14]
I think it's interspersed in some of the various
[2:14:17]
Districts.
[2:14:18]
It is. And I was trying to find one
[2:14:19]
Of them that had it Real quick
[2:14:20]
and I couldn't, I'd have to sit
[2:14:22]
Mh MHDR might be one of them. Yeah.
[2:14:24]
Or Over near, like
[2:14:26]
In this area.
[2:14:27]
OBD. Yeah. Yeah.
[2:14:30]
Okay. In, yeah. MHDR.
[2:14:36]
I know that we have that set in there so that, you know,
[2:14:40]
if you're putting an addition on your house,
[2:14:42]
you meet all the setbacks,
[2:14:44]
but you can't meet the 35 foot, all you have
[2:14:47]
to do is meet the average of the
[2:14:50]
structures on the side of you.
[2:14:53]
So we don't wanna run AFO of that with the language on this.
[2:14:57]
I'll look for it. I, I have to say,
[2:15:01]
I like the way this is written
[2:15:02]
because I think if you make it smaller than 75 feet,
[2:15:06]
it's gonna look, if, if you redevelop a larger lot
[2:15:09]
and you've got everything else eight foot
[2:15:11]
or you know, tight to the street, it would kind of give
[2:15:15]
that crown molding sawtooth look.
[2:15:17]
So I actually, I like the way this is with a 75 foot.
[2:15:21]
Okay. All right. So I can, well
[2:15:25]
We, we can set, you know, we can chew on this. Hmm.
[2:15:28]
Okay. And,
[2:15:30]
and maybe if we have some, a couple of paper dolls
[2:15:32]
that are more Okay.
[2:15:34]
Realistic than, than the JIS allows
[2:15:36]
you, they have to be hand drawn. We'll,
[2:15:38]
Okay.
[2:15:39]
We'll work on that. Okay.
[2:15:40]
Maybe we take a few minutes
[2:15:42]
and look at a couple of the others.
[2:15:45]
At least have a first discussion on them. Yeah.
[2:15:47]
For example, but maximum building or structure height.
[2:15:52]
Who, who, who was that?
[2:15:54]
That was Jake. Yep. Can we do that for us
[2:15:55]
Pd?
[2:15:56]
Sure, absolutely. So I had maximum building
[2:15:58]
and structure height.
[2:16:00]
We had the GIS map that had the elevations
[2:16:03]
of the properties in the district that was in our packet at,
[2:16:06]
I believe that was two or three meetings ago.
[2:16:09]
So the average structure, sorry,
[2:16:11]
the average property was at 300 feet
[2:16:13]
above sea level at its base level.
[2:16:15]
And the district, the current ordinance said
[2:16:18]
that it was 350 was the maximum for a structure height
[2:16:21]
we had heard from the board
[2:16:23]
and then from staff that
[2:16:25]
that might not be economically feasible for developers
[2:16:27]
that we needed to look at potentially expanding upward.
[2:16:30]
I looked at some of the towns in the area that had
[2:16:33]
the vision for the downtown that you had referenced,
[2:16:35]
whether it was conquered, took some pieces from Nashua.
[2:16:39]
From Portsmouth. So when I looked at this section,
[2:16:42]
you're gonna see it's a little more
[2:16:43]
wordy than what we had before.
[2:16:45]
I'll go through that piece by piece.
[2:16:48]
So it changed the structure height from 350 to 425.
[2:16:53]
That allowed for another seven stories been assured
[2:16:56]
by the fire department.
[2:16:58]
Little link there. I've been assured by the fire department
[2:17:01]
that it would meet any of the safety regulations,
[2:17:05]
the fire code and our ladder truck is able
[2:17:07]
to deal with that building.
[2:17:11]
I put in here a section on performance and design standards.
[2:17:14]
I took that from Concord to preserve a street scape
[2:17:19]
and make sure that nobody was intimidated
[2:17:20]
by a giant structure.
[2:17:24]
Any building that's above six stories
[2:17:27]
or 65 feet above the finished grade had
[2:17:31]
to be set back by 10 feet.
[2:17:33]
What that allowed for is maybe a walkway
[2:17:36]
or a path on the higher levels,
[2:17:38]
a rooftop bar or something like that.
[2:17:42]
But it really prevented people on the street level from
[2:17:45]
being intimidated by a bigger building.
[2:17:47]
So that's in section B that you have there in section A.
[2:17:50]
I took this one, this was from Portsmouth
[2:17:53]
and London Dairy had similar language as well,
[2:17:55]
that non habitable architectural features
[2:17:58]
and appendages could exceed that limit.
[2:18:00]
That's clock towers
[2:18:01]
or just different design features to break it up so
[2:18:05]
that you're not having just a flat roofed large building.
[2:18:09]
We already have similar language in our ordinance
[2:18:12]
for other areas in town that said
[2:18:14]
that you can't have just a flat roof.
[2:18:17]
And then one thing that had been mentioned at some
[2:18:19]
of our other meetings
[2:18:20]
and on our site walk as well is
[2:18:22]
that there was no appetite really for just exposed hvac that
[2:18:26]
that really, I'm not sure the word to to use here,
[2:18:29]
but it really degrades the experience
[2:18:31]
of people living downtown,
[2:18:32]
walking downtown or working there.
[2:18:35]
So there's a section in there that all HVAC
[2:18:37]
and exterior equipment would need to be screened.
[2:18:42]
So I mean, I like this
[2:18:45]
from an organizational perspective.
[2:18:48]
I noticed that there's some stuff in here that has
[2:18:50]
to actually do with building heights
[2:18:52]
and some of it has to do with architectural design.
[2:18:56]
Related to that, we have a whole architectural
[2:19:00]
design ordinance.
[2:19:01]
And I know that in the neighborhood commercial district,
[2:19:05]
we had a, a separate section that said,
[2:19:09]
in addition to the architectural design,
[2:19:15]
Chuck itself, these additional considerations shall apply
[2:19:20]
for this district.
[2:19:23]
My recommendation is to pull
[2:19:25]
that out from the section on building height,
[2:19:29]
structure height, and have it at, to be a supplemental
[2:19:32]
architectural design requirements so
[2:19:35]
that we're not mixing heights
[2:19:37]
and you know, building features.
[2:19:39]
Absolutely. But I mean it all makes sense.
[2:19:44]
Okay. We can do that.
[2:19:47]
So we'll add similar language, you know, refer everyone back
[2:19:50]
to the architectural design regs
[2:19:52]
and then move this into that.
[2:19:55]
Okay.
[2:19:57]
Is, is this percentage in the parentheses here at the end
[2:20:01]
of six A, is that supposed to match the 15% written
[2:20:06]
or am I misunderstanding that
[2:20:07]
There was a typo from two different versions that
[2:20:09]
We had in there.
[2:20:10]
Okay. I just wanted to make sure I wasn't
[2:20:11]
misunderstanding what it was saying.
[2:20:13]
Oh, great catch. Absolutely.
[2:20:14]
Alright. So 15 or 33. It was 33. Thank you.
[2:20:27]
Okay. Okay.
[2:20:28]
And then one last question, just going back to parking again
[2:20:32]
that highlighted we're we're gonna take out or into the lot.
[2:20:36]
Yeah, I, okay. I had no idea where that came from.
[2:20:39]
I just neither stole the language, so I stole it in, in, in,
[2:20:42]
in its entirety, but didn't make sense to me.
[2:20:45]
Okay. Perfect. And I think that's everything.
[2:20:49]
I have a question. I mean, I don't want to keep us here
[2:20:51]
and I don't want to, well I'm jumping back
[2:20:54]
to the street scape discussion with the yard depths just
[2:20:58]
for, it's a question to put out for thought.
[2:21:00]
Is there any precedent for establishing a, I don't know
[2:21:05]
what you would call it, but like a facade line?
[2:21:07]
Like if, if the intent is to get rid of the saw tooth, maybe
[2:21:12]
for certain streets, we make a target line
[2:21:15]
and it's like that's any new
[2:21:17]
development, that's where it goes.
[2:21:19]
Well, sure, I mean I, I I just refer to the TBOD
[2:21:25]
in that entire district, the maximum front yard setback
[2:21:30]
from the lot line is zero feet. Right.
[2:21:33]
That's just CB. Yes. That's in the, in the TBOD
[2:21:39]
Cvs.
[2:21:40]
Which in all honesty, after c
[2:21:44]
and i like CVS, don't get me wrong,
[2:21:46]
parking is not the greatest in and
[2:21:48]
Out there.
[2:21:49]
Well that's, yeah. So
[2:21:50]
If anything, you know, we, we worried shortsighted front
[2:21:53]
that one, but the old town hall was there.
[2:21:56]
I'm trying to remember, was the old town hall zero front?
[2:22:00]
Yes. Zero Two. Yeah. Yeah.
[2:22:01]
The parking was to the side. The
[2:22:03]
Problem is the CVS is maybe a little bit too intense
[2:22:07]
to use for that lot size.
[2:22:09]
Well, I don't know if you,
[2:22:10]
have you gone to this one in London?
[2:22:11]
Dairy? Our parking, the,
[2:22:14]
the parking at our CVS is a dream compared
[2:22:16]
to the CVS in London dairy.
[2:22:17]
Okay. Well anyway, so to address your point, Mr.
[2:22:20]
Fisherman, yes. We have a precedent for enforcing a, a
[2:22:25]
a hundred percent conformity of the streetscape.
[2:22:29]
In other words, traveling on Elm Street
[2:22:34]
in, in Manchester or or Main Street in Nashua.
[2:22:37]
I'm not aware of maybe other than a few, couple exceptions.
[2:22:40]
Everything is up to the sidewalk. Yeah.
[2:22:43]
Now the sidewalks are maybe a little wider
[2:22:45]
and the streets are a little wider,
[2:22:46]
but everything's up to the sidewalk
[2:22:48]
because it's, it's a pedestrian friendly environment.
[2:22:51]
You get the big windows, you can see people,
[2:22:53]
you know, having a good time.
[2:22:54]
You walk by the, the thing that broke that
[2:23:00]
is the, the CUBIES mini strip mall.
[2:23:03]
And of course that predated the TBOD regulations.
[2:23:08]
That was the kind of, maybe the emphasis for Yeah.
[2:23:11]
That one. That's what We didn't want.
[2:23:13]
Right. And that one, and across the street from, if you,
[2:23:16]
you must remember Mr. Nelson across the street there was
[2:23:20]
where the, what is it, super cuts
[2:23:24]
or whatever it is over there now that,
[2:23:26]
that little mall over there that used
[2:23:28]
to be three triple deckers all mixed use
[2:23:30]
right on the sidewalk.
[2:23:32]
And they tore those down and they put that in there.
[2:23:34]
I think Comey's was the start of it.
[2:23:35]
And that one was the last straw.
[2:23:36]
That's when the TBOD was when S was first.
[2:23:40]
That one was second. And then,
[2:23:41]
and then the board at the time said, enough is enough.
[2:23:44]
And the TBOD came in. So we,
[2:23:46]
We did attempt in the existing regulation to maintain
[2:23:50]
uniformity with the eight foot,
[2:23:54]
which has more leeway than the zero foot in the TBOD.
[2:23:58]
'cause we figured in the outer ring we
[2:24:01]
could be less stringent.
[2:24:03]
Right. But we have been requested
[2:24:08]
to make it more flexible.
[2:24:11]
And so we're trying to honor that request
[2:24:13]
and it's, it's sort of a force fit
[2:24:16]
because all that flexibility does not really comport
[2:24:19]
with the, the goal of having the consistent street scape.
[2:24:23]
And so we're, we're trying,
[2:24:24]
we're trying to work around that.
[2:24:30]
Now, personally, given that we're not allowing
[2:24:33]
parking in front of the buildings,
[2:24:36]
I don't see any great harm in just leaving it at eight feet.
[2:24:38]
But that, that's, that's just my opinion.
[2:24:42]
I agree with that opinion. Okay.
[2:24:49]
'cause as I've said several times, if it's not parking
[2:24:52]
and it's not a couple of picnic tables, I can't imagine
[2:24:55]
what a developer's gonna wanna do with that.
[2:24:59]
Well And greater than eight foot front yard.
[2:25:01]
Yeah. And, you know, we bring suggestions to the board
[2:25:03]
and if the board doesn't feel they're good suggestions
[2:25:07]
or they don't find merit in them, you don't have to, you,
[2:25:10]
you, it can be what It's the board's decision.
[2:25:13]
Well, yes,
[2:25:15]
but it also needs to reflect the
[2:25:16]
community consensus and values.
[2:25:18]
Yeah. And it has to be such that the kind
[2:25:23]
of economic development that we'd like to see can happen.
[2:25:25]
So we, we we're trying
[2:25:27]
to serve multiple requirements at the same time.
[2:25:31]
Yeah. Okay.
[2:25:36]
I'll keep thinking. Alright.
[2:25:37]
So I don't know if you have a better idea on
[2:25:40]
how to stage that.
[2:25:42]
Right. I'm all open to, I mean,
[2:25:44]
this was the best I could come up with.
[2:25:47]
I, I won't admit it, I won't suggest that it's optimal,
[2:25:53]
but it was what I can figure out,
[2:25:59]
Nothing's coming to mind at the moment. But also
[2:26:02]
The other thing we can do is at the risk
[2:26:05]
of potentially spot zoning, we could take some
[2:26:08]
of the bigger parcels over in the Sawyer court area,
[2:26:12]
you know, where the automotive in industrial places are,
[2:26:17]
where it's kind of a different streetscape
[2:26:20]
and make that a, a subject to different rules.
[2:26:25]
'cause we're, we're trying to come up with rules
[2:26:26]
that fit the higher, the whole district
[2:26:29]
and the lot size is vary widely.
[2:26:32]
Right. Is that something an overlay would do?
[2:26:39]
Yeah. I mean, we could make it an overlay.
[2:26:41]
We could make it another district.
[2:26:43]
I, I don't know how small a district can be
[2:26:45]
before it becomes problematic.
[2:26:47]
But I mean, if, if you have an area of, of the town
[2:26:50]
where the existing pattern
[2:26:52]
of development is substantially different than another,
[2:26:54]
I don't know whether it's a really a
[2:26:57]
problem to do either of those things. But
[2:26:59]
I think the overlay would be the easier if we,
[2:27:01]
if we determined that there was an area big enough
[2:27:04]
for an overlay, but too small
[2:27:07]
for a separate district. I mean, overlay is the way
[2:27:09]
To go.
[2:27:10]
We believe that the eight foot for the CBD
[2:27:12]
and then create a CBD overlay CBDO and,
[2:27:17]
and that one would be the larger lots.
[2:27:19]
And there we, you know, allow more setbacks. I don't know.
[2:27:22]
No, it needs, it needs some more studying I think.
[2:27:27]
Well that's the thing with zoning is the hardest part is
[2:27:30]
envisioning all the unintended consequences.
[2:27:33]
Yeah.
[2:27:38]
So I'm happy with
[2:27:41]
closing the fourth workshop at this point.
[2:27:43]
If everyone thinks we've gotten all the ideas out and you're
[2:27:46]
Okay.
[2:27:47]
Kind, frazzled if you want
[2:27:51]
to keep, when would you like working on it?
[2:27:53]
I'm happy to do that too. 'cause we,
[2:27:54]
we have technically till 10,
[2:28:00]
I'm happy to take it away and make, update the changes.
[2:28:03]
Yeah. And bring it back for a fifth workshop.
[2:28:06]
When, when would you like to have that?
[2:28:09]
Yeah, think on it. I mean, let's think on whether
[2:28:15]
trying to come up with one formula
[2:28:16]
that fits the whole district is the right thing.
[2:28:19]
Or whether maybe creating an overlay that
[2:28:23]
recognizes the differences in development patterns in,
[2:28:25]
in lot sizes is the better way.
[2:28:29]
I mean, from the outset, I'm more comfortable with that.
[2:28:32]
My biggest takeaway from the, the site, the,
[2:28:35]
the district walk was just how
[2:28:37]
disparate different areas were.
[2:28:40]
And, and I, I felt that at the time,
[2:28:42]
it's gonna be really hard to do a one size fits all here.
[2:28:45]
So maybe we could do another little map, figure out where,
[2:28:48]
where those larger lots are, where it would make sense.
[2:28:51]
And then take the kinda language that we have proposed
[2:28:55]
that I proposed in terms of, of where you could do the, the,
[2:28:58]
the bigger setback
[2:28:59]
and just make that flexibility in that overlay district.
[2:29:04]
That's, that's another idea
[2:29:07]
Is, is it possible to make a GIS map
[2:29:09]
that puts like a text label for like the frontage
[2:29:12]
of each lot or something like that?
[2:29:15]
We don't, we don't capture that in our GIS unfortunately.
[2:29:19]
'cause that would've made it so much easier
[2:29:20]
because I could have just labeled it
[2:29:22]
and then, you know, done a formula for it.
[2:29:26]
But I wasn't, we're not able to do
[2:29:27]
that in our, with our current system.
[2:29:29]
Well I, I think, I think it's part CAD system.
[2:29:32]
So you, you can actually, you know, point A, point B,
[2:29:35]
have it, calculate the distance between them.
[2:29:38]
But that may, that may be more advanced than
[2:29:42]
Yeah.
[2:29:43]
And then Yeah. And then trying
[2:29:44]
to translate it into the actual ESRI system from ours.
[2:29:48]
Yeah, that's a little bit, yeah,
[2:29:50]
that's a little more advanced.
[2:29:51]
I mean, we're still using arc GIS right?
[2:29:53]
Arc GIS Pro. Yeah.
[2:29:55]
Yep. Okay. Because it used to be that I had a laptop,
[2:29:59]
my own laptop at, at these meetings
[2:30:02]
and Doug gave me a copy of the town's GIS database.
[2:30:05]
And then I would like do all those queries.
[2:30:07]
We bring everything up we can Yeah.
[2:30:08]
And that's what I, I mean the d the GIS database
[2:30:10]
that is online, we absolutely, it's got a measurement thing.
[2:30:14]
And I mean that's how I calculated the, the distances
[2:30:17]
for those, you know, I, I sat and I measured them
[2:30:19]
and just wrote it on my
[2:30:20]
Hand up.
[2:30:21]
Yeah. I think there are differences in the capabilities
[2:30:22]
of the online web one
[2:30:23]
And then the actual GIS pro where we create these,
[2:30:27]
you know, layouts
[2:30:28]
and things that we bring to the meeting's. Such a different thing. I had
[2:30:31]
An executable on my hard disk.
[2:30:33]
Yeah. It wa it wasn't a web thing. Yeah.
[2:30:36]
But that was years ago, so.
[2:30:37]
Yep. But I think that would help, you know,
[2:30:42]
it's a great tool to visualize these sort of things.
[2:30:45]
So if we could take advantage of that, that'd be great.
[2:30:51]
Okay. Is everyone satisfied? Done for the night?
[2:30:56]
Yes. Yes. Okay. I think we made some progress.
[2:31:00]
We did. Thank you. Thank you for all the help. More
[2:31:02]
Robert comments?
[2:31:04]
I Motion to adjourn?
[2:31:10]
Yes. So move second. Alright. Move by O'Connor.
[2:31:13]
Second by Mali. Adjourn. All in favor say aye. Aye.
[2:31:16]
For adjourned. Thank you guys.