[0:03] Welcome to the Town of Dairy Planning Board meeting

[0:06] for April 15th, 2026.

[0:09] I hope you filed your taxes by now.

[0:12] We normally start our meeting with a Pledge of Allegiance.

[0:14] So if you would rise and join me, I,

[0:19] I pledge allegiance to the flag of the United States

[0:22] and America and to the Republic

[0:24] before which it stands when one nation under God an

[0:28] indivisible with liberty and justice for all.

[0:39] I go over some administrative items.

[0:41] First, the planning board voluntarily continues

[0:44] to offer remote participation.

[0:46] If any member of the planning board participates remotely,

[0:49] votes shall be by roll call.

[0:51] To attend this meeting remotely using a computer

[0:55] or a smartphone, visit www dot zoom us in your

[1:00] browser or your Zoom app.

[1:03] Enter meeting ID seven five four six six three nine one two.

[1:08] You may also call in by phone for audio only.

[1:10] Phone number is six four six five eight eight six five six.

[1:16] Same meeting ID 7 5 4 6 6 3 9 1 2.

[1:20] If you have technical difficulties getting to the meeting,

[1:23] please call (603) 845-5585.

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[1:30] hit star nine to raise your hand

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[1:36] At this point, I will introduce the members

[1:39] and staff who are present tonight to my far right.

[1:44] Alternate. Mr. Mousy. Good evening alternate. Mr.

[1:47] Appleton, evening planning, director of Ms. Ou.

[1:49] Good evening. At the rear we have our planning clerk,

[1:52] Ms. Wilson, we have our alternate

[1:55] town Council liaison, Mr. Mills.

[1:58] Good evening, regular member Mr. Wood. Good evening, Mr.

[2:03] Menini. Good evening, vice chair. Mr. O'Connor.

[2:06] Good evening. To my far left is Mr.

[2:08] Aventure who runs the dairy cam

[2:11] and provides us with live coverage.

[2:13] Thank you. Good evening, member Mr. Fishman. Hello.

[2:16] Good evening, town Administrator representative, Mr. Church.

[2:20] Good evening. And secretary, Mr. Maby.

[2:24] Hello, I'm Dave Nelson.

[2:25] I'm the chair and I noticed that we have a vacancy for Mr.

[2:29] Pier. Mr.

[2:30] Appleton, would you please sit for Mr. Pier? Absolutely.

[2:32] Mr. Chair.

[2:40] First item on the agenda is escrow. We have three items.

[2:44] Item number 26 dash 10. Keystone Dairy, LLC.

[2:49] Okay. The project is for the residences of Sky.

[2:52] The developer is Keystone Dairy.

[2:54] The escrow type is letter of credit.

[2:57] The address is 74 Rockingham Road.

[2:59] The request is to approve release number one in the amount

[3:03] of $789,674 64 cents

[3:07] and request a replacement letter of credit in the amount

[3:10] of $570,209 and 56 cents.

[3:15] Okay. Any questions? Not what is the board's pleasure,

[3:18] Mr.

[3:19] Chair? None. I make a motion to accept as she read it.

[3:21] Second move by O'Connor, seconded by Alby

[3:24] to approve the release and acceptance as presented.

[3:28] Mr. Mills? Yes. Mr. Wood? Yes. Mr. Menini? Yes.

[3:32] Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. Chair Cello? Yes.

[3:36] Mr. Appleton? Yes. Mr. Maby? Yes. Chair votes? Yes.

[3:40] Next item is item number 26 dash 11 HCI Dairy.

[3:45] Okay. The project name is Dairy Motor Fuel Outlet.

[3:48] This is for the Common man. This is a performance bond.

[3:53] The project is located at 56 Crystal Avenue.

[3:56] The request is to establish letter

[3:58] of credit number 544 issued

[4:01] by Bangor Savings Bank in the amount of $8,395

[4:05] for the above noted project.

[4:07] The expiration date will be March 10th, 2027.

[4:11] Any questions? If not,

[4:12] what is the board's pleasure? Mr. Chair?

[4:14] I motion to accept as read.

[4:16] Second, moved by O'Connor, seconded by AMI to accept the

[4:21] security as presented.

[4:22] Mr. Mills? Yes. Mr. Wood? Yes. Mr. Menini? Yes.

[4:26] Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. Chair Cello? Yes.

[4:29] Yes. Mr. Appleton? Yes. Mr. Maby? Yes. Chair votes? Yes.

[4:32] And the final item is number 26 dash 12 again for HCI.

[4:37] Okay. All of the project information remains the same.

[4:41] Since we just accepted the letter of credit, we now need to

[4:45] do a final release against performance bond 8 0 0 1 6 7 0 2

[4:51] issued by Atlantic Specialty Insurance Company in the amount

[4:54] of $8,395.

[4:56] For the above noted project, the amount to retain is zero.

[5:00] Okay. Any questions? What is the board's pleasure? Mr.

[5:03] Chairman? I move the $8,395 as as is

[5:07] Second move by O'Connor, seconded by Maldy to approve the

[5:12] release as presented.

[5:14] Mr. Mills? Yes. Mr. Wood? Yes. Mr. Menini? Yes.

[5:18] Mr. O'Connor? Yes. Mr. Fisherman? Yes. Mr. Ello? Yes. Mr.

[5:21] Appleton? Yes. Mr. Maldy? Yes. Here votes yes.

[5:25] Next we have before us the minutes of April 1st, 2026.

[5:29] Has everyone had a chance to review them

[5:31] and are there any errors or omissions?

[5:36] Mr. Chay And nobody raised their hands

[5:38] and so I move to accept the minutes as as written. Second,

[5:42] Moved by O'Connor, seconded by Mali to accept the minutes

[5:46] of April 1st, 2026 as written. Mr. Mills

[5:50] Abstain.

[5:51] Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes. Mr.

[5:56] Fishman? Yes. Mr. Ello? Yes. Mr. Appleton? Yes. Mr. Maldy?

[6:01] Yes. Chair votes? Yes. We now have correspondence.

[6:05] I'm delighted to announce Mr.

[6:07] Chair that we have two pieces of correspondence today.

[6:10] The first is our quarterly change of use spreadsheet.

[6:13] These are businesses in the town which have changed use over

[6:17] the last couple of months

[6:18] and I'm happy to announce we have

[6:20] over a dozen new businesses in town.

[6:23] So welcome to all the new businesses here in Derry.

[6:26] And the other piece of correspondence is an email

[6:29] to our planning director from James Veo,

[6:31] who was a principal planner at the Southern

[6:33] New Hampshire Planning Commission.

[6:36] And we on the planning board know James pretty well

[6:38] because he was instrumental helping

[6:40] with the gateway committee.

[6:41] He was here for our, our big visioning charette

[6:44] and helped participate afterwards.

[6:45] But this is a, an email about the housing implementation

[6:48] readiness pilot program.

[6:51] It's twofold. The, the first bit is thanking us for applying

[6:54] to participate in the program

[6:56] and then the good news that we've been selected

[6:58] to participate as the pilot community

[7:01] and it's about a kickoff meeting.

[7:03] And miss planning director, I don't mean

[7:06] to put you on the spot, but do you wanna talk at all about

[7:08] the program and maybe fish for volunteers if,

[7:11] if that's something that's needed?

[7:13] So James and I did meet late last week.

[7:17] The bulk of the work will really be

[7:20] late June into early July into August.

[7:23] So we'll do a preliminary kickoff in May

[7:27] or beginning of June.

[7:29] Our next steps really are to kind

[7:31] of define the deliverables.

[7:33] So Southern New Hampshire planning will get back to me

[7:36] with a scope of work in a, like a time

[7:38] and materials type thing.

[7:40] There's no cost to the town of Derry, so it will just kind

[7:44] of outline everything what we will be looking for.

[7:50] Bless you. Bless you.

[7:52] We'll we need to kinda lay out the project and,

[7:55] and what it's going to look like.

[7:58] The request in in the application to them had been

[8:00] that we wanted to look at three distinct areas in DER

[8:04] that would be transferrable to other communities.

[8:08] Specifically looking at infrastructure

[8:09] where it's being expanded

[8:11] or will potentially expand within the next five to 10 years

[8:15] and see what we have for development

[8:17] or redevelopment opportunities

[8:19] and specifically to add housing in those areas.

[8:22] So we had presented them with three areas,

[8:25] Ryans Hill 1 0 1 0 2,

[8:27] and then also infill development in the downtown.

[8:30] So they'll, we're gonna take a real hard look at that

[8:33] and see how that might be, you know, applicable

[8:37] or how we can create opportunities,

[8:39] especially for missing middle.

[8:40] We don't have enough of that in town. Nobody really does.

[8:44] So we'll look at different housing alternatives

[8:48] and even including cottage court

[8:50] and see if that's something that we could come up with.

[8:53] Anything that is a deliverable from them, we may have,

[8:57] they may help us draft model ordinances.

[9:01] It is nothing that we are,

[9:03] because we're participating anything that we come up with,

[9:06] if we come up with a model ordinance, we don't have

[9:09] to implement it, but it's available to us if we so choose.

[9:12] And then other communities can also look to those examples

[9:16] to help further developments in their own communities.

[9:20] Awesome. Thank you. I guess this sort

[9:23] of comes under correspondence.

[9:26] I received an email this week from a gentleman named Desmond

[9:31] Os who was PhD student looking

[9:34] for some research on historic dairy zoning ordinances.

[9:37] Do you, did you happen to receive that as well?

[9:40] I did not receive that.

[9:41] If you think it's appropriate I can forward to it.

[9:44] It came in in my town moderator address, so it's like okay,

[9:48] I'd be happy to help him.

[9:50] I assume it's legit.

[9:51] You might want to check it out first, but Will do. Okay.

[9:54] Okay. Thank you. I'll forward that to you after the meeting.

[10:01] Next item is other business.

[10:03] We have governmental use of property

[10:05] for parcel ID 0 5 0 4 5 28 South Main

[10:10] Street, SAU number 10 DER Village School.

[10:15] Okay, so the planning board is being asked

[10:17] to review the proposed relocation

[10:19] of the SAU number 10 offices to 28 South Main Street,

[10:23] which is the site of the Dairy Village school,

[10:25] which is currently vacant.

[10:28] It does have some uses but the school itself closed.

[10:32] The intent is for the offices to occupy a portion

[10:34] of the former school within a limited footprint.

[10:37] Minor interior renovations are planned

[10:39] with no exterior changes contemplated at this time.

[10:42] The SAU intends to utilize the time in

[10:45] between school sessions to complete the interior renovation

[10:48] so they can be relocated

[10:49] and settled in the building prior to the start

[10:51] of the next school year.

[10:53] This application falls under governmental use

[10:56] of property applicable under RSA 6 74 54.

[11:00] As such, a copy of the proposed renovation plan was

[11:03] provided to the department heads

[11:04] for their comment and input.

[11:06] Highway water wastewater and public works had no comment.

[11:10] The town administrator had no comment

[11:12] but did think it was a practical use for the property.

[11:15] Code enforcement had no immediate concerns

[11:17] and noted this is a similar permitted use from public

[11:20] education to public education administration.

[11:23] Police department had no concerns of note

[11:27] fire will provide code comments as appropriate

[11:29] during their permitting process.

[11:31] But they did have questions with regard to the potential use

[11:34] or growth of the site beyond current staffing

[11:37] or regular business use of the SAU offices.

[11:40] So they were wondering if there would be site rental

[11:43] of the multipurpose room and or gym for outside groups

[11:46] because the assembly occupancy would allow that room

[11:49] to have upwards of 850 people.

[11:51] I will note that I'm aware that the gym itself is being used

[11:55] by community groups for recreation.

[11:59] So that has been a continuing use even

[12:01] after the school closed.

[12:02] That was something that was occurring there.

[12:04] Jeremy can speak to that a little bit more. Fire.

[12:07] Also wanted to know if any of the classrooms

[12:09] or wings would be rented,

[12:10] which weren't shown on the conversion plan.

[12:13] The understanding is that that space will be used

[12:16] for storage, but they would be interested in knowing if

[12:18] there are any future plans to rent that space.

[12:22] Per the RSA, the planning board can elect

[12:24] to hold a public hearing regarding this change,

[12:26] at which point it would review conformance to

[12:30] existing regulations as this project involves

[12:33] interior renovation only.

[12:34] And the use would actually be a decrease in intensity from

[12:37] the former school use.

[12:38] I would recommend administrative review as the level

[12:41] of review which can be done this evening

[12:44] and the board should discuss any concerns it might

[12:46] have with this change.

[12:48] So my recommendation is

[12:49] to review the attached executive summary prepared

[12:51] by superintendent Michael Flynn in the proposed renovation

[12:55] plan to request clarification about any potential plans

[12:58] for the remainder of the building.

[13:00] And then to forward a copy of the minutes of this meeting

[13:02] to the dairy town council and the town administrator.

[13:05] Jeremy La Moth is here representing the SAU

[13:08] and can answer questions

[13:09] and if you'd like to expand a little bit Jeremy on like

[13:12] what portions of the building

[13:14] that they'll be occupying, that would be helpful.

[13:16] Sure. Thanks.

[13:18] So I think you guys have the plans

[13:20] as well in the board packet.

[13:23] You'll see that the wings on the side

[13:25] of the building are not part of that drawing

[13:26] because we're not going to be utilizing that.

[13:29] That's the portion that he spoke about.

[13:31] That's just going to be storage.

[13:35] And at this time there's no plans for those sections

[13:37] of the wings for rentals or for anything at this point.

[13:40] It's just status quo storage.

[13:45] So I guess the, the fire department is interested in,

[13:49] in rental uses

[13:51] and I suppose the,

[13:53] the reason they're concerned is not necessarily

[13:55] because of the change in occupant load

[13:58] because the gym has continued to be used for

[14:02] public assembly events in classrooms.

[14:06] You typically have, you know, 25, 30 students in them.

[14:10] I guess the change would be if it was rented

[14:12] for private use there are gonna be cars involved.

[14:15] So it's really a parking calculation.

[14:19] So any thoughts on, I I assume

[14:24] that the, the gym, it's not a parking problem

[14:27] 'cause people who attend events at the gym in the evening,

[14:32] they probably come in cars.

[14:34] But Will, will there be rental of any of the classrooms

[14:37] or other spaces for private use?

[14:40] No, no. Not at this time.

[14:41] We're gonna be taking up all the space that are,

[14:43] that's on the print, which is

[14:44] essentially the middle of the building.

[14:46] And so far the rentals have been, you know,

[14:49] local sports teams, dairy, diamonds,

[14:53] whatever other recreational teams.

[14:54] But that hasn't been a huge issue with parking

[14:58] 'cause it's not, you know, it's mostly kids we haven't had

[15:03] in our past, you know, anything other than dairy rec

[15:07] or something renting that space from us.

[15:10] So I don't, I don't envision that we, we are using one

[15:14] of our schools for Mary

[15:15] and garish stuff over April vacation,

[15:17] but I don't know the amount

[15:18] of people that that would entail.

[15:22] I think they want to use the gym as well,

[15:24] but they didn't give us a number but,

[15:26] and I don't have the number of parking spaces off the top

[15:28] of my head, but they're scattered

[15:30] all around the building, so.

[15:32] Okay. So that was my only comment

[15:36] that the fire department may be interested in that

[15:38] and maybe you should get some numbers to make them

[15:41] happy when they ask those questions.

[15:43] And we've never done this, but I assume that we are going

[15:45] to keep that building, you know, up to date

[15:48] as we would if it was a school anyways.

[15:50] Right. We still have to have the life

[15:51] safety systems in place.

[15:53] We have to have all that stuff up to code

[15:56] so that really won't change.

[15:57] And as they said in the report there, it's,

[16:00] I think it's the occupancy limit there is 850.

[16:03] I don't see there ever being that many people in there, so.

[16:07] Okay. Any members of the board have

[16:10] questions? Mr. Oconnor?

[16:11] Question for the director on, on the RSA, it states

[16:16] that the plan board would write a non-binding

[16:19] written comments relative

[16:21] to conformity in all non-conforming.

[16:25] And then later on looking through some of the documents

[16:28] that the school was gonna expend about $133,000 for some

[16:32] of the renovations over there.

[16:34] There's been no discussion about rentals.

[16:37] Is that something that's still in the back wings?

[16:41] It's just the gym really. That would be a rental, yeah.

[16:47] Yeah. There wouldn't be any other space available to rent.

[16:51] And do you know if that would, it

[16:54] would meet code standards?

[16:56] I know the fire department still needs some work

[16:58] to do on it, so they, they put off the for later on,

[17:02] but for the rest of it, do you think I'll make code

[17:04] and the reason why I, I walked that building today

[17:07] and it's just a question

[17:11] If I'm understanding it correctly.

[17:12] Yes, because we have to do that every year ad nauseum

[17:15] as inspect the schools.

[17:18] So I don't see there being an issue as far as

[17:21] what the fire department's concerns are, you know, and,

[17:26] and being compliant.

[17:29] I mean if, if I'm understanding it

[17:30] correctly, I think it would be.

[17:34] Thank you. The same as we always do really

[17:35] is is what's happening.

[17:38] Alright, so Mr. Then Mr. Mills.

[17:42] Yep. Thank you. I guess my

[17:44] question's gonna be on the wings.

[17:46] We, we talked about those are not gonna be used

[17:47] or they'll be just used just for storage.

[17:50] Yep. My concern is is do you have the fire sprinklers

[17:55] down those wings as well?

[17:57] Because I mean, if, if someone was in the center building

[18:00] and you had a fire that started on the end,

[18:03] we wanna make sure that that fire doesn't spread.

[18:06] Absolutely. Yep. It's all one integral system.

[18:08] Okay. So, so, So that, that remains the same.

[18:11] It's sprinkled and there's fire

[18:13] Detection, heating systems will work,

[18:15] water systems will work right through the wings.

[18:17] Yep. Okay, thank you.

[18:19] And there's also, there we have fire doors

[18:22] that separate those wings that will remain closed

[18:25] and locked so the public technically doesn't

[18:28] have access to those wings.

[18:30] Okay. And one more quick question.

[18:33] You are using those wings for storage? Yep.

[18:36] Currently The school system will not be using

[18:41] joing out or renting out storage space?

[18:44] No. No. Okay. I just want to make sure. Yep.

[18:48] We don't want to be in that business.

[18:50] Mr. Mills. Yes, I I've just got just one question

[18:54] regarding the, I noticed you're changing a, a number of

[18:58] putting changing walls here and there and everything else.

[19:01] Yep. Constructions,

[19:03] are these in current administrative space

[19:05] or are you changing some

[19:07] of the classrooms into administrative space?

[19:10] So we are utilizing the very front of the building,

[19:13] which was administrative space before.

[19:16] So that worked out perfect for us.

[19:18] There was, I don't know what it was back in the day

[19:21] before I worked there, but it's changed a few times.

[19:24] But we're gonna add a wall

[19:25] and it's a very large room, larger than most

[19:27] of the classrooms and we're going

[19:30] to make that a conference room.

[19:31] So that's one demising wall.

[19:33] And then the superintendent will

[19:34] also sit there in the front.

[19:37] The back of the school was kind of a different design

[19:41] because it was built in the two thousands,

[19:42] early two thousands and it was for special services.

[19:45] So the rooms are not full classroom size,

[19:48] which is why we we're going to take two of those spaces,

[19:52] remove a wall to make it a larger space

[19:54] and then build an office out.

[19:56] We're going to take one room

[19:58] that was essentially a classroom

[20:01] and the walls that we're building in there to give

[20:03] that administrator privacy from their employees.

[20:06] So that'll be an office within that room

[20:09] and then their assistants

[20:12] or whatever will sit in that room in cubes or

[20:16] Thank you.

[20:20] So I'll, I'll just comment that

[20:22] because these are just friendly suggestions,

[20:25] non-binding comments.

[20:27] I don't have a problem with the line of questioning.

[20:30] I just remind folks that normally if this were a binding

[20:33] review, the planning board doesn't get to review building

[20:37] and code things.

[20:39] We only get to do site plan review stuff.

[20:41] So, so that's fine.

[20:44] As as friendly reminders and suggestions.

[20:46] Any other comments, questions?

[20:50] Anyone in in the audience, Mr. Garden, have any comments?

[20:56] Okay, I guess we're done.

[20:58] Okay. Thank you Jeremy. Thank you. Thank you very much.

[21:02] Good luck.

[21:12] Next item is our second reading of policies and procedures

[21:15] and I was chatting with the members tonight as

[21:19] to whether we had really kind

[21:20] of closed off all the open issues.

[21:23] Last reading, are there any new issues

[21:26] that come up and be resolved?

[21:28] No, and mainly what we talked about last time we're kind

[21:31] of po they were like, how do we wanna handle certain things

[21:34] so we can come up with kind

[21:36] of an SOP for those types of things.

[21:38] So we'll have it on hand and know like when this

[21:40] happens, this is how we do it.

[21:42] There were no suggestions received on specific changes

[21:46] to the document as it stands.

[21:49] So

[21:51] Yeah, as I recall the discussions were

[21:53] the suggestions from the, it was a BEA legal council

[21:57] that wanted us to vote on waivers

[22:00] before we accept accepted the plan.

[22:02] And we decided that's probably a bad idea of what,

[22:05] what we will do is you will alert us in your staff report if

[22:08] there's something big missing that we'll deal with

[22:10] before we even get to acceptance.

[22:13] Right. With regard to regional impact,

[22:18] we decided we didn't need to take a second vote.

[22:20] Nope. 'cause no means no.

[22:24] And what was the, the other one?

[22:25] Oh, if there is a situation where there's

[22:30] potential question about

[22:32] how TRC comments were resolved when there was a TRC that

[22:37] you would put notes in, hard copy in the chair and, and,

[22:41] and vice chair Yes.

[22:42] Folder that we would give them back at the

[22:43] end, the end of the evening.

[22:45] Yes. Just so that we have 'em to refer to.

[22:48] Were there any other no issues that came up? No.

[22:51] Nope. Those were, those were the three And

[22:55] I guess I wasn't clear, did you want all of that ang like

[22:58] that language incorporated?

[22:59] I thought that was just,

[23:01] Well, I may have misunderstood if

[23:03] We Well, if we decide to do something,

[23:04] it's probably good to write it down.

[23:05] Okay. So I can put that All right.

[23:08] So I can put wording to those effects in the

[23:10] policy and procedures Yeah. And bring that

[23:12] Back and we just do a final sanity check on that.

[23:14] Yeah. Okay. That'd be good.

[23:16] All right. So we will, I will, so my fault,

[23:19] I misunderstood that.

[23:20] So I will make those amendments

[23:22] and bring them back to you for the May 6th reading.

[23:25] So we'll have a reading on it

[23:27] and if there are no changes we can vote on it

[23:30] the second meeting in May.

[23:32] Okay. Planning director updates.

[23:37] No, my, my big news was we got the grant, so

[23:42] It's all I have is

[23:46] that we have an alternate vacancy

[23:48] and I would like to recruit somebody to apply for it so

[23:51] that we can have a full house

[23:53] and you can join us with our, our fund here

[23:56] and help us out. Help help your town.

[23:58] Yeah. I do have one other thing.

[24:00] We have extended an offer to someone for

[24:05] another summer intern, so ah, we're hoping

[24:08] to have someone join us beginning in the end of May.

[24:12] Excellent. Yeah. Alright, any board member comments?

[24:17] I am working on trying

[24:19] to recruit someone as to fill that out.

[24:22] Excellent, thank you. Still Cracking out.

[24:23] He's not quite this yet, but I'll, I'll

[24:25] Let you know.

[24:26] Alright. Thank you. Thank you. Oh, but

[24:27] This is the fun board. Come on.

[24:29] So I think, so we're, we're the board of Yes we are. Yes.

[24:32] We're happy board.

[24:34] There's nothing further Mr. Chairman.

[24:38] Second. It Moved by Church Jones second my maie

[24:41] to adjourn.

[24:42] All those in favor say aye. Aye. Stand adjourned.

[24:45] Is that a record.

Planning Board - 04/15/26

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