[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.