[0:01] Welcome to the Town of Dairy Planning Board for
[0:04] May 20th, 2026.
[0:07] We start our meetings, first of all with cease
[0:11] of conversation among the audience, please.
[0:14] Thank you. We start our meetings with a Pledge
[0:17] of Allegiance if you'd rise and join me.
[0:18] Thank you.
[0:21] I pledge allegiance to the flag of the United States of America
[0:25] to Republic for which stands, one Nation under God
[0:30] of Liberty Justice.
[0:37] We'll start with some housekeeping announcements.
[0:42] If there is a reason to leave the building in an emergency,
[0:45] an alarm activation or,
[0:46] or such, there is an exit behind you where you came in.
[0:49] There's also an exit to my right, to your left,
[0:52] which will open up if the alarm sounds during an emergency.
[0:56] The elevator is not operational, so if you need assistance,
[1:00] please wait for first responders,
[1:04] silence all your devices and and whatnot,
[1:07] and sit back and hopefully enjoy the meeting.
[1:13] I will now introduce the staff
[1:15] and the members who are present to my far right is Mr.
[1:20] Ey are alternate. Ms. Du planning Director.
[1:24] Good evening, Ms. Wilson, our planning clerk,
[1:28] Mr. Chase, who is the town Council liaison.
[1:31] Good evening. Mr. Wood, who is a regular member.
[1:35] Evening, Mr. Menini, who's a regular member. Good
[1:38] Evening To my far left.
[1:40] Sitting in the audience is our Deputy Director
[1:43] of Pub Public Works, Mr.
[1:45] LaRue. And we have Mr.
[1:48] Viner, who is the coordinator for Dairy Cam
[1:50] and makes all the fun wonderful TV stuff work.
[1:54] Mr. Foli, who is the
[1:59] Engineering Coordinator.
[2:00] Engineering Coordinator. Okay. I have,
[2:01] we haven't seen you in a, in a few weeks,
[2:02] so I just wanna make sure I get that right.
[2:04] Engineering coordinator from Public Works. Good evening, Mr.
[2:08] Pier, who's a regular member. Good evening, Mr.
[2:11] Alby, who's a secretary. Hello.
[2:13] We are missing Mr. O'Connor, Mr.
[2:17] Fisherman and Mr. Chair Cello is just arriving. So sorry.
[2:22] I would like to seat Mr. Mie for Mr. Fishman
[2:33] First item of business under administrative items is escrow.
[2:38] Item number 26 slash 16 for six Old Chester Road, LLC.
[2:43] Okay. This project is
[2:44] for the Liberty Apartments Garage expansion located at
[2:49] six old Chester Road.
[2:51] The escrow type is letter of credit.
[2:53] The request is to establish letter
[2:55] of credit number 1 5 4 8 drawn on primary bank in the amount
[2:59] of $66,385 19 cents for the above noted project.
[3:04] The expiration date will be May 8th, 2027.
[3:07] So moved. Who would like to be the designated seconder?
[3:12] Second that Mr.
[3:13] Bill so moved by Ali, second by Pier to
[3:17] accept the escrow as presented.
[3:19] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Ravi? Yes. Mr.
[3:25] Mousy? Yes. Mr. Ello? Yes. Mr. Pier? Yes. Mr. Maby? Yes.
[3:29] Chair votes? Yes. Next item is 26 dash 17
[3:33] for Hidden Pond Dairy LLC.
[3:35] The project name is 98 Gulf Road Subdivision Plan
[3:39] of Map four lot 40 developer's,
[3:42] hidden Pond Dairy LLC David Aldrich.
[3:44] This is a cash escrow for 98 Gulf Road.
[3:47] The request is to approve a final release
[3:49] of cash escrow in the amount of $18,026
[3:53] and 25 cents for the above noted project.
[3:56] The amount to retain is zero.
[3:58] So moved, Moved by Maldy, seconded by Paler
[4:01] to approve the release as presented.
[4:03] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. Masey?
[4:07] Yes. Mr. Ello? Yes. Mr. Palantier? Yes. Mr. Mal Maby? Yes.
[4:12] And chair vote? Yes. Now on to course.
[4:15] Oh, approval of minutes.
[4:16] We have before the minutes of May 20, May 6th, 2026.
[4:21] Has everyone had a chance to review them?
[4:24] Any comments, errors or omissions?
[4:29] Mr. Chair? I move to approve the minutes as written.
[4:31] Second,
[4:33] Moved by Mby, seconded by Pier to approve the minutes
[4:37] of May 6th as written.
[4:38] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. Maby?
[4:43] Yes. Mr. Ello, I'll have to abstain. Mr. Pier? Yes. Mr.
[4:48] Mallie? Yes. And Chair Woods? Yes.
[4:52] Next onto correspondence.
[4:55] Mr. Chair, we've got a little homework in our
[4:57] correspondence tonight.
[4:58] We've got an email from our planning director, Ms.
[5:02] Du on from May 20th.
[5:05] She reviewed the minutes of the April 1st, 2026 meeting
[5:08] at which we discussed potential goals
[5:10] for the remainder of 2026.
[5:12] And there's an implementation matrix for your review
[5:15] and comment and we're being asked to review it
[5:16] by the June 3rd meeting for suggested changes
[5:19] to timeframes and priorities.
[5:22] Okay, let's, let's all do that.
[5:24] 'cause it's sort of important to not try
[5:27] to do everything at once.
[5:28] So that's an important item
[5:30] to set goals. Thank you for that.
[5:32] Thank you. Anything Else? Nope. Okay.
[5:36] So we'll now move on to other business.
[5:39] We have a second reading on the policies and procedures.
[5:44] Has everyone seen it?
[5:46] Has anyone have any last minute bias remorse on
[5:50] what we did last meeting?
[5:54] Okay, so what is the appropriate motion here?
[5:57] So we need to have two clean readings
[5:59] and so at the next meeting we can vote
[6:01] to accept the changes.
[6:03] Okay. And they'll become effective the next meeting.
[6:06] So let it, let it be shown.
[6:07] This is the first clean reading and we'll bring it back.
[6:09] Next meeting. Alright,
[6:11] Thank you.
[6:14] We need to schedule a public hearing on June 17th
[6:19] to discuss proposed changes to the town
[6:21] of dairy zoning ordinances.
[6:22] Article two word uses and definitions.
[6:26] Article six, district provisions
[6:28] Section 1 65 33 Central Business District.
[6:32] We did make some changes
[6:34] and we approve that last meeting.
[6:38] Any, any last minute alibis
[6:42] or buyer remorse on that one?
[6:45] And we can have a, a motion
[6:46] to schedule it for public hearing.
[6:48] So move second. Is that fine Ms. Wilson?
[6:53] That I read? I read, yeah. Okay. Very good. Mr. Chase? Yes.
[6:57] Mr. Wood? Yes. Mr. Menini? Yes. Mr. Moey? Yes. Mr. Chair.
[7:02] Cello? Yes. Mr. Pier? Yes. Mr. Maby? Yes. Chair votes? Yes.
[7:06] Similarly, we need to schedule a public hearing
[7:09] for June 17th, 2026 to discuss proposed changes to the town
[7:13] of dairy land development control regulations.
[7:16] Article 14, architectural design regulations.
[7:22] So moved second. Okay.
[7:23] Moved by m Be seconded by Pier to schedule for June 17th.
[7:28] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Yes.
[7:31] Point of order. Mr. Chairman, would we need to,
[7:35] to read the complete sentence there that was
[7:41] provided by us that says to delete sections one 70 dash 84,
[7:44] do we need to announce that in public? It'll
[7:45] Be part of the legal notice.
[7:48] Okay. Sorry about that. No, It's all good.
[7:52] Mr. Mousy? Yes.
[7:54] Mr. Ello? Yes. Mr. Pier? Yes. Mr. Maby? Yes. Yes.
[8:00] Planning Director and chairman. Updates?
[8:02] Oh, so busy preparing for the meeting.
[8:05] I didn't think of anything. We do have,
[8:08] our intern will be starting next week.
[8:10] Yay. So you should be able
[8:12] to meet Abby at the June 3rd meeting.
[8:14] So we're very excited to get her on board and working.
[8:19] Trying to think. We have a few,
[8:21] few plans coming forward in the works.
[8:24] Looking forward to getting, you know,
[8:26] these zoning amendments moved forward
[8:28] and getting the, the goals sort of sorted out.
[8:31] So we've got a roadmap for the summer. That's really it.
[8:34] Great. We still have a, an open position for an alternate.
[8:38] So again, encourage anyone
[8:40] who thinks this might be a fun thing to come
[8:42] and help us apply on the website.
[8:45] And also note for the record that I
[8:48] neglected recognize Ms. Donovan, our
[8:51] economic development director, who's also in the audience.
[8:55] Okay. First, first public hearing is for Ashley Development,
[9:00] LLC and Crystal Avenue Development LLC
[9:03] for parcel ID 3 0 0 9 6 18 Crystal Avenue
[9:08] acceptance and review of a site plan amendment conversion
[9:12] of a building to multi-tenant.
[9:15] Okay, the proposal is located at 18 Crystal Avenue.
[9:19] The site of the former Rite Aid pharmacy, which had a drive
[9:21] through pharmacy pickup.
[9:23] The parcel contains a little over two acres.
[9:26] The proposal is to convert the building into four units,
[9:30] about a 2000 square foot bank with a drive
[9:33] through 6,200 square foot cheer gym,
[9:37] 3000 square foot dental office,
[9:39] and an empty future tenant space
[9:42] of about 1100 square feet.
[9:45] This property is located in the central business district
[9:49] in its conversion from single to multi-tenant.
[9:53] Buildings are permitted in the zone
[9:54] and the uses proposed this evening are all
[9:57] permitted in the district.
[10:00] Neither highway safety
[10:01] nor Conservation Commission was review was
[10:03] required for this application.
[10:05] The largest user onsite will be the cheer gym
[10:08] with the most activity occurring at night.
[10:10] And on the weekends when other uses are closed,
[10:13] the existing Rite Aid signs will be removed
[10:15] and the applicant intends
[10:16] to utilize the existing pylon sign.
[10:19] I will note that the signage included in your rendering is
[10:22] just a placeholder and doesn't represent
[10:24] any specific potential tenant.
[10:27] The applicant is aware that any major changes
[10:29] to the pylon sign
[10:30] or landscaping will require further planning board review.
[10:34] The applicant intends to clean up the existing landscaping.
[10:37] New windows will be added
[10:38] to the building facing the parking lot to add visibility
[10:41] and allow for more natural light.
[10:43] Details requested
[10:44] by DPW were not fully updated on the submitted plan set
[10:48] and DPW is requesting those remaining items be addressed
[10:52] as conditions precedent to a final planning board approval.
[10:55] Those are noted in your suggested motions.
[10:58] The majority of the change will be handed handled
[11:00] through the building permit applications,
[11:03] which will be reviewed by Code and Fire Prevention.
[11:06] Any future tenants will need to fill out a change
[11:09] of use application with the planning office.
[11:11] Parking calculations are adequate for the proposed uses.
[11:16] I would note that the calc for the cheer gym needs
[11:18] to be refined and clarified
[11:20] because I think there was some typos there.
[11:21] So we just wanna make sure it's clear on the final plan.
[11:26] A sewer connection permit will be required.
[11:29] I do wanna note that the DPW
[11:34] condition details include review of storm water or sewer
[11:38] or drainage modifications by town staff
[11:40] before those are implemented
[11:42] and put on the plan of additional concern.
[11:46] The abutter at 16 Crystal came into the office
[11:49] to review the plan and while we were reviewing it,
[11:51] we noted the driveway for 16 crystals.
[11:55] Commercial lot is partially on the Rite Aid,
[11:59] what I'm calling the Rite Aid property.
[12:01] An easement should be drafted between the parties
[12:03] and noted on the plan to protect the current
[12:06] and future owners of both properties.
[12:08] The butter also commented on drainage issues occurring on
[12:11] her property around resulting in a flooded basement
[12:14] that seemed to be coming from 18.
[12:15] Crystal Sam Foli and Alex
[12:19] and DPW went on site
[12:21] and observed conditions in the wetland on the
[12:23] east side of the property.
[12:24] The outlet from the 18 inch CMP pipe
[12:28] 18 crystal is completely submerged in dirt.
[12:31] And the inlet for the pipe that connects this wetland
[12:34] and drainage from the 18 inch CMP
[12:36] to the drainage network on Crystal Ave is
[12:38] also submerged in dirt.
[12:40] Sam recommends that the entire area
[12:42] where the pipes meet should be excavated
[12:44] to fully exposed the pipes to allow water to exit
[12:46] and enter the outlet and inlets.
[12:49] The pipes themselves should be jetted
[12:50] to fully clean them out and the wetland should also be fully
[12:53] cleared of debris.
[12:55] So there are two additional conditions precedent
[12:59] that we're asking you to consider, and I've
[13:03] provided those, I've provided the wording for that
[13:08] and the, the chair and the secretary have that.
[13:13] And I guess I would recommend that
[13:17] make a determination with regard to regional impact.
[13:20] I don't believe we had any waivers associated
[13:23] with this project and we would recommend approval.
[13:27] Okay. No waivers. That's good
[13:31] Then we have So sounds like we can
[13:34] accept jurisdiction then.
[13:35] Who wants to make a motion?
[13:37] Mr. Chair? I move to accept jurisdiction
[13:39] of the amended site plan
[13:40] before the board for Ashley Drive development,
[13:42] L-L-C-P-I-D 3 0 0 9 6 18
[13:47] Crystal Avenue. Second,
[13:49] Moved by Mamby, seconded by Pier to accept jurisdiction.
[13:52] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. Ey?
[13:57] Yes. Mr. Ello? Yes. Mr. Pier? Yes. Mr. Maby? Yes.
[14:01] Chair votes? Yes. And on the
[14:03] determination of regional impact,
[14:06] Mr.
[14:07] Chair, pursuant to RSA 36 56, the board finds the proposal
[14:10] as presented at this time meets the definition
[14:12] of a development of regional impact.
[14:16] Second, Moved by Melody, seconded by Peir.
[14:21] We will start off with Mr. Chase
[14:22] who always sets us right on this.
[14:25] No, this is an existing retail structure
[14:27] that is only being redesigned for multi-tenant use
[14:30] and does not meet the definition of a regional impact.
[14:34] Mr. Wood? No. For the same reasons. Mr. Menini? No.
[14:38] For the same reasons. Mr. Mousy? Oh, for the same reasons.
[14:42] Mr. Ello? No. For the same reasons. Mr. Pier? No.
[14:46] For the same reasons. Mr. Maldy?
[14:47] No. For the same reasons. Chair votes?
[14:49] No for the same reasons. Can I have a
[14:51] motion to open the public hearing?
[14:53] So moved. Second. Moved by Mby
[14:55] and seconded by Pier to open the public hearing.
[14:57] All those in favor say aye. Aye. Public hearing is open.
[15:01] The applicant is invited to come forward
[15:03] and give us their executive summary.
[15:10] Thank you Mr. Chair Ford. Very pleased to be here.
[15:13] Chris McCarthy, my partner Simon Beland.
[15:15] We purchased this building about six, seven months ago now.
[15:19] We saw the potential on Crystal Ave to redevelop this
[15:22] and we've been working closely with the town's office,
[15:26] with the town's economic development director, Bev Donovan,
[15:29] who's been fantastic and trying to identify local businesses
[15:34] that we could home here in this, in this building.
[15:37] So we think we've come up with a very attractive plan.
[15:39] We've got one sign lease, several Lois right now,
[15:43] and as you mentioned already,
[15:46] this building is preexisting the parking lot.
[15:49] All of the infrastructure that we need is
[15:50] currently already in place.
[15:52] We have retained North Point landscape to assist
[15:56] with the landscape cleanup, the grubbing of the,
[15:59] the wetlands and some
[16:00] of those other areas along the drainage
[16:02] and looking forward to getting started with the interior
[16:06] building work, demising walls,
[16:08] and then the exterior improvements as well.
[16:11] So very pleased to be here tonight
[16:12] and thank you for your consideration.
[16:15] Alright, so let's, let's start with
[16:18] with the board to, to get things rolling.
[16:19] Does anyone have any questions or comments?
[16:25] I'll make a, I'll make a quick comment.
[16:26] I, I, because I actually live on Roll Street,
[16:30] my wife worked in that building
[16:31] for 25 years, so I know it well.
[16:34] I did see some activity over there,
[16:35] which I thought was great, getting rid of the weeds
[16:38] and some landscaping, which was good.
[16:42] Did I also notice that there'll be something on the
[16:44] back side of that building?
[16:46] Like a separate unit?
[16:49] So the, the unit entrance will be on the same side,
[16:52] the parking lot side, but they will have a second egress
[16:55] to the back going out kind
[16:56] of towards where the dumpster pad is. Okay.
[16:58] That will be a separate business,
[17:00] Same business.
[17:01] Okay. So it, it's one of the four
[17:02] that will actually be the largest user.
[17:05] They'll be coming in, bringing in mats, et cetera, so
[17:08] that the larger door
[17:10] and the access for deliveries is, is good for them.
[17:12] Okay. And then one more quick question.
[17:15] The, the photo that I'm looking at here, the front
[17:19] that actually faces the, the Crystal Ave, are you doing any
[17:25] plantings or whatnot over there?
[17:26] That was a little bit rough when, when Right. Was there, so
[17:28] It, as a matter of fact, we have the same landscape
[17:31] architect from when this was originally designed and,
[17:33] and some of it has just been overgrown and, and,
[17:35] and kind of really not maintained.
[17:37] So the idea is to not make wholesale changes,
[17:40] obviously without coming back in,
[17:41] but grubbing, trimming back and,
[17:45] and kind of making some improvements along the front.
[17:48] We, we obviously want the visibility.
[17:50] We think it's very attractive, so we, we wanna make sure
[17:52] that that really pops.
[17:53] Yeah. And as was mentioned
[17:57] as they were reading off the plan, there will be additional
[18:00] windows to add sunlight along the side of Crystal Avenue.
[18:05] Oh, okay. Gotcha.
[18:08] And so landscaping those beds as well would,
[18:10] is gonna go a long way to improving the visibility.
[18:13] And then one last thing if you don't mind, Mr. Janet.
[18:15] Okay. Like I said, I know the,
[18:17] I know the building very well, so I apologize,
[18:19] but the walkway in the front, some of
[18:21] that cement has been neglected over time, you know,
[18:24] it's crumbling and whatnot.
[18:26] I'm, I'm, I'm thinking you guys are gonna fix that up,
[18:29] Correct?
[18:30] Yeah, we'll be working on the flat
[18:31] work there to expand that.
[18:32] And this is actually a good illustration above us,
[18:34] you'll see on the right hand side facing the parking lot,
[18:38] the proposed tenant doors.
[18:39] So we'll be expanding the flat work there.
[18:42] We will be taking away one parking spot just
[18:44] to improve the access coming in, making
[18:48] that obviously pedestrian friendly
[18:50] and completely redoing the, the cement flat work
[18:53] There.
[18:54] Oh good. Very good. It was very exciting
[18:57] to see something going in there, so thank you. Thank you.
[19:00] If your wife's been in the building for 20 years,
[19:01] we'd love to know how to turn the AC
[19:02] Off.
[19:03] 25 years she worked at Rite Aid 25 years.
[19:06] Maybe she didn't come
[19:07] show us how to use some of the systems.
[19:10] Yeah. So following up on one of Mr.
[19:12] Char's comments
[19:14] and your answer, the windows that are being added to admit,
[19:19] admit additional daylight is that current frames full
[19:23] of spandrel glass that is being replaced with actual glass
[19:29] fake windows that are black,
[19:30] that you're not making real windows.
[19:34] Those aren't fake windows.
[19:35] They're actually, it's panels right now.
[19:37] It's, so we'll have to cut the walls to add those windows
[19:41] And it'll be traditional storefront
[19:43] Glazing.
[19:44] Hmm. Okay.
[19:46] The only real one I believe is the
[19:48] first one after the door.
[19:49] The other three that you'll see in this plan are additions.
[19:53] Okay. Do we have any comments
[19:55] or questions from members of the public, either
[19:57] in the audience or online?
[20:04] I was just, was just thinking the same thing.
[20:06] It'll be nice to cease that retail business being used,
[20:11] so I wish you the best luck. Thank you.
[20:13] Thank you. Alright, so if there's no more questions
[20:15] from, if there's no question from the public back
[20:17] to the board, any further follow up from any board member,
[20:25] Mr. Chase,
[20:26] Just, You had noted to it earlier, you're aware of the
[20:31] discharge and inlet problems with those pipes
[20:32] and you're ready to take care of that.
[20:34] We are, and I spoke this this afternoon with,
[20:37] with the abutter as well about some
[20:38] of the historical things and what's happened.
[20:40] So we intend to clean that out
[20:42] and then also perhaps work with town DPW and
[20:45] and engineering to, to see kind of what we could do
[20:48] with water retainage on our side.
[20:50] But then also is there other water kind of coming through
[20:54] and connecting through those other properties, how
[20:56] that can be slowed down
[20:58] because I guess during storms it, it is kind
[21:01] of coming back down through that low lying land there.
[21:04] Okay, That's all I have, Mr. Chair.
[21:09] All right. If there's no more common
[21:11] or questions then I'll solicit a
[21:12] motion to close the public hearing.
[21:14] So move. Second, move by Melody, seconded by Peir
[21:17] to close the public hearing all.
[21:19] Is it fair to say? Aye. Aye. Aye. All right.
[21:21] Our public hearing is closed.
[21:22] We move on to consideration
[21:24] of architectural design regulations.
[21:27] Mr. Chair, I move to find that pursuant
[21:29] to LDCR one 70 dash 85 that the application
[21:33] as presented demonstrates substantial compliance
[21:35] with the architectural design regulations.
[21:37] This property is located in the central business district
[21:40] and meets a high level of compliance
[21:41] as outlined in section one 70 dash 84. Second
[21:45] Moved by Mabe, seconded by Pier
[21:47] to find the architectural design regulations are complied
[21:51] with Mr. Chase.
[21:53] Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. Mabe?
[21:58] Yes. I mean Uhuh, Mr. Mousy. Yes.
[22:03] Yes. You said haw. Yes. Mr. Paler? Yes. And Mr. Mal still?
[22:08] Yes. Yeah. Chair votes? Yes. Okay.
[22:13] Findings of fact, who would like
[22:14] to move on? Findings of fact,
[22:16] Mr.
[22:17] Chair. The board finds the proposed plan provide safe
[22:19] and efficient vehicular and pedestrian access in the design
[22:23] and construction of the access ways
[22:25] and walkways are adequate
[22:26] to accommodate the anticipated volume
[22:28] of traffic proposed by development.
[22:30] The board finds the proposed parking plan is adequate
[22:32] for the site and meets the parking density requirements
[22:35] for the proposed users.
[22:37] The board finds a continuation
[22:39] of the landscape plan from the prior use meets the
[22:42] intent of the regulations.
[22:44] The board finds the stormwater management as proposed,
[22:46] as designed to control the post-development runoff so
[22:49] that it does not exceed pre-development runoff.
[22:52] The board finds utility construction standards are met.
[22:55] The board finds exterior lighting
[22:57] and snow storage provisions are adequate.
[22:59] I move to agree with the above noted
[23:01] findings of fact. Second.
[23:03] So moved by Melody, seconded by Pier
[23:06] to make findings of fact.
[23:08] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Pier? Yes.
[23:13] This is not, this is not a good night for me. Mr.
[23:17] Intervening? Yes. Mr. Mousy? Yes. Mr. Ello? Yes. Mr. Pier?
[23:21] Yes. Mr. Maby and chair votes? Yes.
[23:24] Oh, it's gonna be an early night for me. I think it's
[23:28] Okay. Dave, you do in any order?
[23:30] Huh? You can Do 'em in any order. It's
[23:32] Fine.
[23:33] Well, fact confuses people when I change it up.
[23:37] Alright, we now have the consideration of approval
[23:42] and we for the first time, I think have a separate listing
[23:47] of conditions, precedent and conditions subsequent.
[23:50] So who would like to make a motion on this?
[23:52] And can we read these together?
[23:54] Yeah, these read the whole Okay.
[23:57] Page and whatever is Yeah. Whole page.
[24:01] All right. And there are, this is the one
[24:02] where we did remove the address staff comments,
[24:06] and then we did add two considerations
[24:07] to the conditions precedent.
[24:10] Mr. Chair, after reviewing deliberation
[24:12] of the site plan amendment application for PID 3 0 0 9 6,
[24:16] Ashley development A LC.
[24:18] The board finds the applicant is satisfied the general
[24:20] requirements of the land development control regulations.
[24:23] Therefore the motion is to approve pursuant
[24:26] to RSA 6 76 4 Roman one completed application
[24:30] with the following conditions for conditions precedent,
[24:34] subject to onus signature, the existing pipe inlets
[24:39] and outlets referenced on note two on sheet two
[24:41] of the plan shall be fully cleared of all sediment, leaves,
[24:45] debris and trash down to the respective inverts.
[24:48] The two pipes conveying flow to
[24:50] and from this area shall also be thoroughly cleared
[24:53] by jetting, vacuuming
[24:54] or other methods as required by the town engineer.
[24:57] In addition, the adjacent wetland areas
[24:59] should be cleared of all trash.
[25:01] Other inorganic materials, enlarged dead woodly debris
[25:04] as required by the town engineer and
[25:06] or environmental coordinator.
[25:08] An access easement be drafted, recorded,
[25:11] and noted on the plan to memorialize a portion
[25:14] of the driveway for 16.
[25:15] Crystal Ave is located on 18 Crystal Avenue Lot.
[25:19] Establish appropriate escrow is
[25:22] required to complete the plan.
[25:23] Change title of plan from change of use site plan
[25:26] to site plan amendment.
[25:29] Obtain written approval from the planning director designee
[25:32] that the GIS submission is received and is operable
[25:35] and it complies with LDCR.
[25:37] Section one 70 dash 61 C.
[25:40] Subject to receipt of applicable state
[25:42] or local permits relating to the project.
[25:45] Any water, sewer,
[25:46] or drainage modifications must be
[25:48] submitted to the town for approval.
[25:50] Clarify the parking calc for the cheer gym
[25:53] and update the plan accordingly.
[25:55] Conditions precedent shall be met within six months.
[25:58] And then for conditions subsequent subject
[26:01] to onsite inspection by the town, the by the town engineer,
[26:05] the owner and tenants are responsible
[26:07] for determining billing arrangements
[26:08] as they pertain to water usage.
[26:10] The DPW will not be involved in the installation at
[26:13] reconfiguration of manifolds
[26:14] or submeters within the building as tenant layouts
[26:17] and internal plumbing configurations may change frequently
[26:20] over time, only one master water meter will
[26:23] be installed for the property.
[26:25] Each tenant secured as of the date of the meeting,
[26:27] shall submit an emergency contact
[26:29] form to the planning department.
[26:30] That's the cheer gym, the dental office,
[26:32] and the bank change of use.
[26:34] Applicant shall be submitted to the planning office
[26:37] for any future tenants.
[26:41] Second. Motion to approve
[26:45] by Maldy, seconded by Pier.
[26:48] Any questions or comments on that? Any debate?
[26:53] Hearing none. Mr. Chase? Yes. Mr. Wood? Yes. Mr. Veni? Yes.
[26:59] Mr. Mousey? Yes. Mr. Ello? Yes. Mr. Pier? Yes. Mr.
[27:03] Maby? Yes. Chair votes? Yes. Okay. Great.
[27:08] Congratulations guys. Great. Thank you.
[27:10] Thank you very much to see you. Appreciate it.
[27:12] Thank you. Thank you.
[27:23] Next item on the agenda is a public hearing
[27:25] for EPSI incorporated partial ID
[27:29] 0 8 0 0 1 dash
[27:32] 0 0 2 0 0 3 12 a street for acceptance
[27:36] and review of a site plan review
[27:39] for a 25 20,500 square foot light industrial development.
[27:45] Okay. Their proposal is
[27:46] to construct a 20,500 square foot light industrial building
[27:51] consisting of a mix
[27:52] of general office light manufacturing in warehouse space
[27:55] for EPSI Inc.
[27:58] Engineered pressured systems specializes in high pressure
[28:01] isostatic presses
[28:03] and say that quick custom built pressure vessels.
[28:07] The building is proposed to be two stories with a future
[28:10] of 5,000 square foot expansion area to the rear
[28:13] of the building, which will be about 58 feet tall.
[28:16] This is a future high bay testing area
[28:18] and the height is required to accommodate a crane.
[28:21] The property is located in the newly designated industrial
[28:24] two district 47 parking spaces are proposed.
[28:28] The lot contains 3.49 acres
[28:30] and the proposal meets the requirements in the zoning
[28:32] ordinance, including height.
[28:34] Snow storage areas are shown on the plan
[28:36] and trash will be collected by an outside vendor
[28:40] given the existing conditions
[28:41] of municipal infrastructure in a high water table.
[28:45] Ensuring the storm water management system met the needs
[28:47] and requirements of the town was a little challenging.
[28:50] The applicant's engineer worked with DPW
[28:52] to address the concerns of the town
[28:54] and ensure proper separation of utilities will be achieved.
[28:58] Specific conditions relating to construction
[29:00] and water main details have been suggested by DPW
[29:04] with regard to traffic.
[29:06] The proposal will add about 113 vehicle trips per weekday
[29:10] with 14 vehicles entering
[29:12] during peak morning and evening hours.
[29:14] This will have minimal impact on Manchester Road in
[29:16] the surrounding road network.
[29:18] Truck traffic will be
[29:19] around two truck trips per day on average,
[29:22] which will have no impact on the existing road network.
[29:25] The project proposes two driveway entrances off a street
[29:28] and the project is not proposed to increase noise
[29:31] or emissions in the district
[29:32] or generate any type of nuisance for waivers.
[29:37] We have determined that we do not need the waiver
[29:40] to allow a subsurface infiltration system based on the VHB
[29:45] review and then further review by DPW.
[29:48] We will retain the waiver to not provide
[29:52] vertical granite curb throughout the site.
[29:54] And then we also have,
[30:00] we have an additional waiver with regard
[30:03] to parking calculations.
[30:05] We went back and we looked at those again
[30:07] and redefined the parking calculations.
[30:12] Total parking spaces are required is 54.
[30:15] Based on our review today, I worked with Mr.
[30:17] Malinowski on that. The applicant is providing 47 spaces.
[30:21] A written waiver was submitted
[30:23] to the planning department today and is in the file.
[30:26] So we would suggest
[30:27] that you add a waiver from LDCR section 1 70 63 C four
[30:33] to permit the 47 spaces where we would require 54
[30:41] Alteration of terrain permit
[30:43] and area driveway permits are required.
[30:46] So the recommendation is to
[30:49] review the proposed site plan waiver requests
[30:51] and make a determination on regional impact.
[30:54] We feel this plan meets all of all the regulations.
[30:59] Michael Malki of Allen Major is here, as well as the,
[31:03] the owners of E-S-P-E-P-S-I are here tonight.
[31:08] Ms. Ro, are there any of the waivers
[31:10] that would impact our,
[31:11] our decision on accepting jurisdiction?
[31:15] No. Okay. So let's move on to that.
[31:20] Mr. Chair. I move to accept jurisdiction
[31:22] of the site plan application for the board for EPSI, Inc.
[31:26] PID oh 8 0 0 1 dash oh oh 2 0 0 3 12.
[31:31] A street. Second,
[31:33] Moved by Maby, second by Pier to accept jurisdiction.
[31:36] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Manini? Yes. Mr. Maby?
[31:41] I Mr. Ey? Yes. Mr. Chair. Cello? Yes. Mr. Pier? Yes. Mr.
[31:46] Maby? Yes. Chair votes? Yes.
[31:48] Alright. Regional
[31:51] Impact, who would like to make that motion
[31:52] Before we go to Regional Impact?
[31:54] Do we have any data
[31:59] on what their water consumption will be?
[32:03] My understanding and Paul can address that,
[32:06] my understanding is there is not going to be a lot
[32:09] of water usage at all.
[32:11] And do you wanna take a moment just to explain what you do?
[32:16] Sure. Okay, thank you. Sure. Alright.
[32:19] We Oh, you come on up and introduce yourself.
[32:22] Thank you. This is Paul La Brass. Who owns the, the company?
[32:31] Hi, I'm Paul Abras.
[32:32] First just thank you to the Town of Dairy
[32:34] for entertaining this, this project
[32:36] and we've had such great luck with Ms.
[32:40] Du, Ms. Wilson. Ms. Donovan,
[32:42] it's been a great experience so far.
[32:45] We're a high pressure equipment manufacturer.
[32:50] We build custom high pressure vessels for
[32:53] various industries.
[32:54] Ceramics, oil and gas defense.
[33:01] And isostatic pressing is just a, a way basically
[33:04] to either densify material, condense powders into a solid
[33:09] testing, subsea testing.
[33:11] There's, there's a multitude of things we do with the,
[33:16] with the pressure vessels.
[33:17] So we, we do all the engineering.
[33:19] So we're really a group of engineers
[33:20] and we've got a small group of assembly and test people.
[33:23] So basically we engineer the, the equipment, we
[33:28] contract out the fabrication, machining
[33:33] and then we actually assemble the equipment, test it,
[33:37] have the customer come in and review the equipment
[33:39] and then we go and install it in the field.
[33:44] The amount of work in the shop that we do
[33:47] that involves like utilities, we might fill up a water tank
[33:50] of 500 gallons, 800 gallons
[33:55] once a year, maybe twice a year.
[33:58] But other than that it's, we have 17 employees,
[34:02] 18 employees, hopefully maybe around 20
[34:03] by in the next three years.
[34:07] The rest of the water usage is just standard office
[34:11] toilets and bathrooms.
[34:13] Okay, I'm ready.
[34:17] Alright, so we are back
[34:21] at Regional Impact,
[34:23] Mr.
[34:24] Chair Pursu to RSA 36 56.
[34:27] The board finds the proposal
[34:29] as presented at this time meets the definition
[34:31] of a development of regional impact.
[34:32] Second,
[34:34] Moved by Malam, second by Pier
[34:37] to make a determination. Mr. Chase?
[34:40] No, this is a smaller fabrication facility
[34:44] that will not be drawing heavily on utilities or traffic and
[34:47] therefore does not meet the
[34:49] determination of a regional impact.
[34:51] Mr. Wood? No. For the same reasons. Mr. Menini?
[34:54] No for the same reasons. Mr. Mousy.
[34:57] Excuse me. No, no. For the same reasons.
[35:00] Mr. Ello? No. For the same
[35:01] Reasons.
[35:02] Mr. Pier? No. For
[35:03] The same reasons.
[35:04] And Mr. Mal? No. For the same reasons.
[35:06] Chair votes? No for the same reasons.
[35:10] Can we have a motion to open the public hearing? So moved.
[35:12] Second. Moved by Malibu, seconded by
[35:16] Paler to open the public hearing.
[35:17] All those in favor say aye. Aye. Public hearing is open.
[35:21] Invite the applicant to make their introductory statements.
[35:24] Excellent. Good evening everyone.
[35:26] Michael Malinowski with Allen a major associate. Ms.
[35:31] Du I believe has sort
[35:33] of outlined the project very well for us.
[35:37] We have about a 20,000 square foot building.
[35:40] The front portion will be two stories
[35:43] and then the back testing area will be the 55 feet.
[35:46] It'll be a single clear story area.
[35:50] We have proposed parking along the front
[35:54] and some ancillary parking outback.
[35:57] We can probably stick on that page.
[36:01] We have a double loading dock that is proposed
[36:05] Further in the plan, we do have truck turning movements
[36:08] that show that a WB 57 can exit to enter
[36:14] on the driveway, on the bottom of the page, circle around
[36:17] and exit out back onto a street.
[36:20] We've also done that for a town
[36:23] of dairy fire apparatus as well.
[36:26] You'll notice that we have a 5,000 square foot future
[36:29] edition allocated towards the rear.
[36:31] That would be the same 55 58 foot high
[36:36] sort of test area.
[36:37] There is a single overhead door into that space
[36:42] and right down the middle of where that is,
[36:44] is the, is their crane.
[36:45] That would allow them to bring in some heavier pieces
[36:48] of equipment and offload right at that level
[36:52] and bring it into that test area.
[36:54] We have handicap spots along the front at the front entrance
[36:57] that face a street.
[36:59] And the primary employee entrance would be
[37:02] the entrance along the top.
[37:03] That is a dual directional entrance way.
[37:07] We do have, do not enter signs just
[37:10] after that first driveway to limit customers
[37:14] and employees from not interfering
[37:17] with truck traffic along the rear.
[37:21] We do have a, an extensive stormwater
[37:23] management system that's been designed.
[37:24] Closed drainage system along the front.
[37:27] Towards the rear of the property is a large open basin
[37:31] that will provide treatment and filtration for the water
[37:35] before discharge to the municipal system.
[37:38] There is a smaller subsurface infiltration system
[37:42] that is located in the top parking area
[37:46] that will pick up roof water and it's roof water only.
[37:50] And that is to meet the requirement for an A OT permit
[37:53] that is currently currently pending review at the state.
[37:57] Right now. We worked very closely with DPW
[38:01] to coordinate water and sewer connections.
[38:04] There were some additional comments
[38:06] that had come back from DPW relatives
[38:08] to some specifics on the water.
[38:12] The water is a older AC pipe, so there's conditions
[38:16] that we need to address relative to that to make sure
[38:19] that the contractor understands
[38:20] that there's special precautions in place for that.
[38:24] As well as a nighttime shutdown due to the age of that line
[38:28] and the, the lack of valving along a street.
[38:34] We do have a, a sewer connection that is being
[38:36] provided through a cross country line
[38:39] that cuts across the Tupelo parking area.
[38:43] That sort of crosses our property as well.
[38:45] So we do have access to that.
[38:47] The DPW has asked
[38:48] for some additional measures on that.
[38:53] They have a certified contractor to do some of that work,
[38:55] especially on that live line.
[38:58] We do have a, a full landscape plan that is provided.
[39:02] So we do have landscape trees
[39:03] that are going along the front.
[39:05] If we can advance to that page please.
[39:12] I believe that's gonna be at the end, sir.
[39:23] You can see the truck turning movements there.
[39:26] We do have a lighting plan that has been provided.
[39:28] So we do show some parking lot lighting.
[39:31] We do make sure
[39:32] that there is zero trespass over the property lines for
[39:36] that site.
[39:42] Distance profiles for the new driveways, all
[39:44] of which meet the criteria that the town DBW has
[39:47] for clear site distance,
[39:52] full collection of details.
[40:02] And then our landscape plan.
[40:03] So you'll notice that we do have street trees
[40:05] that are going in along a street.
[40:07] We also have trees that are going in to
[40:11] shield the parking area as well as the internal islands.
[40:15] And throughout the project, which meet the criteria
[40:19] of the landscaping for the town of dairy.
[40:24] The area will be the back area where we have our basin.
[40:28] You can see there we loomed
[40:30] and seeded with a wildflower mix
[40:32] to help establish that area as well.
[40:37] Happy to answer any questions that the board may have.
[40:40] Any questions or comments from the board?
[40:44] I I just have a quick question. I don't know.
[40:47] I mean if we get into the waiver portion of the parking,
[40:51] I just have a quick question.
[40:54] Did I hear correctly that the regulations require 52
[40:58] but we're waiving it
[40:59] and there's actually 47 parking spots. Is that true?
[41:02] Yeah. Yeah. We require 54 and they're proposing 47.
[41:07] Okay. And that will be sufficient for that.
[41:09] I mean, it won't be what we see in the future.
[41:11] Parking on a street if there was overflow?
[41:14] No. Okay. It's there. They're anticipated.
[41:16] They have no more than 20 employees. Okay. At this area.
[41:19] So we've got 47 spots.
[41:21] We do have some room if, if needed, that we could provide
[41:25] along the back edge of where that 5,000 square foot is.
[41:28] So we could make it, but it doesn't, it doesn't seem prudent
[41:32] to construct parking.
[41:33] Yeah. To just construct parking.
[41:35] Okay. Thank you.
[41:38] Any other questions or comments from the board?
[41:42] Are there any members of the public, either present
[41:44] or online who have comments or questions?
[41:46] Please come forward. Give your name
[41:49] and address for the record and you can stay right there.
[41:52] 'cause we want you to answer the question right away
[41:55] rather than make a long list.
[41:56] David Procher, 26 Milton Mill Road.
[41:59] Actually here for a completely different reason,
[42:00] but since I'm here, I might as well ask my questions.
[42:02] Yeah. So you have
[42:06] like this proposed tree line
[42:09] that is set back considerably from
[42:11] where the current tree line is.
[42:14] How do you know approximately how many trees would have
[42:17] to get cut down to push that back?
[42:20] Not many. So that tree line that is shown is more,
[42:23] it's the vegetation Okay.
[42:25] Line. It's not actual full maturity trees. Okay.
[42:28] The vast majority of that site has been cleared prior
[42:31] to the current owner.
[42:32] Okay. Taking it over.
[42:33] So there's not many, there's not many trees left out
[42:36] There.
[42:37] Okay. And now this isn't on the map
[42:40] that was available in the back there,
[42:41] but it is up on the screen right now.
[42:43] You're putting in some wild flower seeds and low, correct?
[42:47] Yeah. So we have a stormwater basin
[42:48] that's going back there.
[42:50] Okay. That'll filter the water.
[42:52] So the, the bottom of that pond Okay.
[42:54] Actually has a mulch. So
[42:56] You're putting a pond in there? Yeah.
[42:57] Okay. It'll be a dry pond.
[42:59] So it's meant to drain in between storms.
[43:02] It's enough capacity.
[43:03] So large storm events that'll fill up to the top
[43:07] and then drain, filter, drain,
[43:09] and then tie into the municipal
[43:11] System.
[43:12] Alright. That was my primary concerns.
[43:14] I did have one other thing that came up when
[43:18] the other man here was, was presenting.
[43:20] He mentioned one of your customers is defense.
[43:22] What kinds of things are you making for the military here?
[43:26] Excuse me. Pressure vessels. That's
[43:27] All we're Make here.
[43:28] Really not germane to this
[43:30] Process.
[43:31] I, I was just wondering.
[43:32] I'll ask the, the applicant not to answer that.
[43:35] Okay.
[43:41] Any other comments
[43:42] or questions from the audience or anyone online?
[43:46] Mr. Chair Seeing gun rise
[43:47] Online?
[43:48] Okay. Back to the board then.
[43:50] Any other thoughts come to mind? Questions, comments?
[43:57] No. Okay. Motion
[43:58] To close the public hearing.
[43:59] Second, we have a motion to close on public hearing
[44:03] by Mby, second by pier.
[44:06] All those in favor say aye. Aye. Public hearing is closed.
[44:11] So let's move on to discussion of waivers.
[44:14] All right, so this is the one
[44:16] where we're removing the top waiver
[44:18] and then we're adding the one about parking.
[44:21] Mr. Chair, I moved to Gran Waiver from LDCR section one 70
[44:25] dash 26 point a 14
[44:29] to not provide vertical granite curbing throughout the
[44:31] project in lieu of either slip formed concrete
[44:34] where VGC is required
[44:36] and for use of Cape Cod style curb along the perimeter
[44:39] as shown on the plans after review of the waiver request,
[44:42] the bore finds the strict conformity
[44:43] of the regulations would pose an unnecessary hardship
[44:45] to the applicant and the waiver would not be contrary
[44:48] to the spirit intent of the regulations.
[44:51] And we're gonna add a waiver.
[44:54] Let, let's actually talk about that one first.
[44:58] Can we get a second? Second.
[45:00] So moved by Malibu, seconded by Pier to grant a waiver
[45:03] for granite curbing before Mr.
[45:07] Grice, who's not here to defend himself.
[45:10] I know he may be watching, he may be watching
[45:13] or watching them replay.
[45:14] Can you give us some history on
[45:17] why we require granite curbing in industrial parks
[45:20] and why We seemingly almost always grant waivers. It's,
[45:24] To be honest, it is on the list of things that we need to
[45:28] take a hard look at and update.
[45:30] Vertical granite curb is, you know,
[45:32] in subdivisions along the roadways to help with drainage
[45:34] and all of that in private sites.
[45:37] It, it, it's a holdover from
[45:40] Fred Tompkins.
[45:41] Prior. Yeah. Prior. Yeah. Fred
[45:43] Tompkins and Dave Grice. Yeah.
[45:45] Yeah. Well, Dave, Dave Ney wanted it on the buildings, so,
[45:48] but yeah, I I believe it's a holdover from a prior time when
[45:53] we wanted to drainage,
[45:55] the ways you can handle drainage have changed over time and
[45:58] before it was like, let's put these curbs up
[46:01] to channel it this way.
[46:02] So it goes here in private sites, we're not maintaining it.
[46:07] It, the applicant will be maintaining the site
[46:10] and it is not necessary, especially for this application.
[46:16] Mr. Foli, does public works concur with this waiver?
[46:23] We're fine with it, yeah. Okay.
[46:24] I mean, we, we prefer vertical grand
[46:26] and all our roadways, it holds up better to the, the plowing
[46:29] that goes on the way we plow our roads.
[46:31] But if they are managing a private site
[46:36] and treating their site, then they can be responsible
[46:39] for their privately maintained curb or berm or
[46:43] however they wanna treat it. Okay.
[46:45] Very good. I guess since we've moved this one separately,
[46:48] let's vote on it separately.
[46:50] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini?
[46:54] Yes. Mr. Ey? Yes. Mr. Ello? Yes. Mr.
[47:00] Pier? Yes. Mr. Maby? Yes. Chair votes? Yes.
[47:03] And we have other waiver requests.
[47:04] Yeah. Mr. Chair, we moved a grand waiver from LDCR section
[47:08] one 70 dash 63 C four
[47:12] to permit 47 parking spaces
[47:14] where the regulation requires 54.
[47:16] After review of the waiver,
[47:18] the board finds its specific circumstances relative
[47:20] to the plan or conditions of the land and such.
[47:23] Plan indicate the waiver will properly carry out the spirit
[47:25] and intent of the regulations. Second,
[47:28] Moved by Malory, seconded by Pier to grant
[47:33] a waiver as, as read. Any discussion
[47:36] On Mr. Chase?
[47:38] Just to have it clear and on the record.
[47:39] Excuse me, you're not gonna have any
[47:42] walk-in retail, anything like that.
[47:44] The only other than employees that's coming on the site is
[47:48] customer of when they come to check
[47:49] their product and accept that.
[47:51] Correct? It's, it's not a retail operat.
[47:53] You're not gonna have have people coming in just at random.
[47:55] It's gonna be pretty much set. Yeah. Correct.
[47:58] You feel you by most likely by appointment only.
[48:00] And it's only about 20 employees. Yes. Okay.
[48:03] That's all I have, Mr. Chair.
[48:04] Alright, any other comments, questions,
[48:07] if not on the motion?
[48:09] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr.
[48:14] Mousy? Yes. Mr. Church Cello? Yes. Mr. Pier? Yes. Mr. Maby?
[48:18] Yes. Chair votes yes on the matter of architectural design.
[48:24] Mr. Chair, I move to find that pursuant
[48:26] to LDCR one 70 dash 85 that the application
[48:30] as presented demonstrates substantial compliance
[48:32] with the architectural design regulations.
[48:35] This property is located in the industrial two zoning
[48:38] district and meets a medium high level of compliance
[48:40] as outlined in section one 70 dash 84 3
[48:46] Moved by Melody, seconded by Palatir to
[48:51] make findings that the architectural design
[48:52] regulations have been met.
[48:54] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes.
[48:59] Mr. Ey? Yes. Mr. Ello? Yes. Er Yes. Mr. Maby?
[49:04] Yes. And the chair votes Yes. Findings a fact.
[49:09] Mr. Chair, the board finds the proposed plan provides safe
[49:12] and efficient vehicular and pedestrian access and the design
[49:15] and construction of the access ways
[49:17] and walkways are adequate
[49:18] to accommodate the anticipated volume
[49:20] of traffic proposed by the development.
[49:24] Second, the, oh, sorry. Sorry.
[49:28] That's my fault. Sorry. The board finds the proposed
[49:30] parking plan is adequate for the site
[49:31] and meets the parking density requirements for the use.
[49:34] The board finds the landscape plan meets
[49:36] the intent of the regulations.
[49:38] The board finds the stormwater management
[49:40] as proposed is designed
[49:41] to control the post-development runoff
[49:43] so it does not exceed pre-development runoff.
[49:46] The board finds the utility construction standards are met.
[49:50] The board finds exterior lighting, snow storage provisions,
[49:53] and erosion and sediment control provisions are adequate.
[49:56] The board finds the proposal for storage of solid waste
[49:59] and disposal of waste conforms with any
[50:01] and all applicable local, state and federal regulations.
[50:05] And the applicant has provided reasonable safeguards
[50:07] ensuring such waste will not become an undue threat
[50:09] to the environment, nor create an undue nuisance.
[50:12] I move to agree with the above noted findings of fact.
[50:15] Second
[50:17] Moved by Melanie, second by Pelletier
[50:19] to make findings of fact.
[50:20] Any discussion on that? If not Mr. Chase? Yes.
[50:25] Mr. Wood? Yes. Mr. Yes. Mr. Ey? Yes. Mr.
[50:30] Ello? Yes. Mr. Pier? Yes. Mr. Maby? Yes. Chair votes? Yes.
[50:35] And on the approval,
[50:38] Mr.
[50:39] Chair, after review and deliberation
[50:40] of the site plan application for PID oh 8 0 0 1 dash
[50:44] oh oh 2 0 0 3 EPSI Inc.
[50:48] The board finds the applicant has satisfied the general
[50:50] requirements of the Land Development Control regulations
[50:54] or in cases where the regulation cannot be met,
[50:56] has satisfied the waiver requirements.
[50:58] Therefore the motion is to approve pursuant
[51:01] to RSA 6 76 4 Roman one completed
[51:06] application with the following conditions.
[51:08] Conditions precedent comply with the VHB review letters
[51:13] subject to owner's signature.
[51:15] Update the plan set
[51:16] to specify the insert a t detail which was
[51:19] provided via email on 5 5 20 26.
[51:23] On the plans and in the details section,
[51:26] the team must be installed at an angle no greater than 45
[51:29] degrees to the existing 15 inch P-V-C-S-D-R
[51:33] 35 sewer main.
[51:35] The entire six inch P-V-C-S-D-R 35 sewer service shall be
[51:39] realigned for a straighter line to the building.
[51:42] And note that the town inspector shall determine the final
[51:45] location of Cleanouts.
[51:47] Add a note to the plan specifying that
[51:50] UTS shall be the sole contract authorized by the town
[51:53] of Derry to install the inserted contract number
[51:57] provided by email on May 5th, 2026.
[52:02] Note on infiltration system oh one details
[52:05] that backfill material below
[52:06] and throughout shall be three quarter inch
[52:08] double wash stone.
[52:10] The iron rod, which the property corner,
[52:13] which should be on the northeast corner near the tip oh sign
[52:15] was not found on site.
[52:17] Does boundary marker be reset? Add a note to the plan.
[52:21] Specifying that cutting in a new water main into the
[52:24] existing water main will affect several businesses along a
[52:26] street and require a nighttime shutdown
[52:29] establish appropriate escrow
[52:30] as required to complete the project.
[52:33] Note approved waivers on the plan.
[52:35] Obtain written approval from their planning director
[52:38] designee that the GIS submission is received and is operable
[52:41] and it complies with LDCR.
[52:42] Section one 70 dash 61 C.
[52:46] Subject to receipt of applicable state
[52:48] or local permits relating to the project I-E-A-O-T building,
[52:52] department, fire department, water,
[52:54] wastewater, driveway, et cetera.
[52:56] Conditions precedent shall be met within six months.
[52:59] And then the loan condition, subsequent subject
[53:02] to onsite inspection by the towns engineer.
[53:04] Second
[53:06] Moved by mal, be seconded by Palantir
[53:09] to grant conditional approval.
[53:11] Any questions or discussion from the board?
[53:15] If not, Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes.
[53:20] Mr. Mousy? Yes. Mr. Ello? Yes. Pier? Yes. Mr. Maby? Yes.
[53:25] Chair votes? Yes. Thank you. Thank you.
[53:27] Welcome, welcome to Dairy.
[53:38] Next item on the agenda, see if I got,
[53:43] this
[53:49] is Dennis Lincoln Jr.
[53:51] And Karen Lincoln Parcel ID 0 2 1 2 6 10 Craven Terrace
[53:56] and Richard and Marie Louise Brownell family Trust
[54:02] PID 0 2 1 2 7 12 Craven
[54:05] Terrace for a lot.
[54:07] Line adjustment.
[54:09] Okay. Thank you. The purpose of the plan is
[54:12] to create an equal land swap of 0.149 acres between 10
[54:16] and 12 Craven terrace.
[54:18] The lots are located in the medium density residential
[54:21] district, which requires a minimum lot area of one acre
[54:24] and 125 feet of frontage.
[54:26] A variance was granted on December 18th, 2025
[54:30] to permit 10 craven terrace to decrease the frontage
[54:33] to 100 feet as a result of the proposed lot line adjustment.
[54:37] That was case 25 dash 1 46.
[54:40] The two lots will change as follows.
[54:42] 10 Craven terrace will decrease frontage to 100 feet.
[54:46] The land area will remain the same after the change.
[54:49] 12 Craven terrace will increase frontage to 154.36 feet
[54:54] with the land area remaining the same.
[54:55] After the change the driveway providing access
[54:59] to 10 Craven Terrace will now be fully on
[55:01] the lots own frontage.
[55:02] Both lots are on private well and septic.
[55:05] The proposed lot line is not fully
[55:07] perpendicular to the roadway.
[55:09] So a waiver will be required
[55:11] and the recommendation would be
[55:14] to review the proposed lot line adjustment in waiver
[55:18] Regional impact does not apply to lot line adjustments.
[55:25] Okay. I think I understand.
[55:31] And once you open the public hearing,
[55:33] Brandon Wing from promised Land surveys
[55:35] here to help present.
[55:36] So
[55:42] we're gonna do jurisdiction first.
[55:44] Yeah, let's go with that
[55:45] Mr.
[55:46] Chair. I move to accept jurisdiction
[55:47] of a lot line adjustment plan
[55:48] before the board for Dennis and Karen Lincoln.
[55:51] PID oh 2 1 2 6 10 Craven Terrace and Richard
[55:56] and Marie Louisie,
[55:57] Brownwell family Trust PID oh 2 1 2 7 12
[56:01] Craven Terrace. Second
[56:04] Moved by Malibu, seconded
[56:05] by Pier to open the public hearing.
[56:07] Everyone in favor say aye. Aye. Aye. Public hearing is open.
[56:11] Oops. That was jurisdiction.
[56:14] Hmm. That was jurisdiction.
[56:15] I'm sorry. Jurisdiction. I'm sorry.
[56:19] Motion to open the Public hearing. Yeah.
[56:25] Second. Motion by Maldy, seconded
[56:28] by Peir to open the public hearing.
[56:30] All those favor to say Aye. Aye. Alright.
[56:32] Public hearing is now open.
[56:35] Good evening. My name is Brandon
[56:37] Wing from Promise Land Survey.
[56:39] Mr. Du did an awesome job introducing the project.
[56:43] I really don't have a ton to add.
[56:46] I will just reiterate that the purpose
[56:49] of the lot line adjustment is to sort
[56:52] of clean up an existing area
[56:55] where the driveway encroaches across property line.
[56:58] I believe this property, this,
[57:02] the dwelling was constructed in 1967, really close
[57:07] to the property line
[57:09] and the driveway was constructed over the property line.
[57:12] So the, our, our purpose was to kind of clean
[57:16] that up a little bit.
[57:23] It's fairly simple.
[57:25] I I believe the equal land area swap the,
[57:28] the lots will remain the same area that they currently are.
[57:34] And that's, that's as much as I have.
[57:38] Alright. Any comments or questions from the board?
[57:44] I mean, it's kind of straightforward right?
[57:47] And the side setback gives you plenty 15 feet. Right.
[57:52] This just makes sense to me
[57:54] because down the road, you know,
[57:56] you don't want a boundary line right down a, a driveway.
[58:00] So it kind of cleans it right up.
[58:04] Anyone else? Any members
[58:07] of the public have comments or questions on this?
[58:09] Either in the audience or online? Mr.
[58:12] Chair Rise online?
[58:14] Anyone in the audience have a anything? Say no? Okay.
[58:18] Back to the board.
[58:21] I have one question. Why could that front
[58:25] line not be perpendicular to the road?
[58:29] Just to try to maintain as close
[58:31] to the required frontage as we could.
[58:41] Which sec Which section of,
[58:43] of the boundary are you talking about?
[58:44] The one that the the short one?
[58:47] Yes. Where, where it comes right off the road. Yeah,
[58:50] That one right there.
[58:52] Also trying to kind of maintain that structure.
[58:54] Well it looks like there's also
[58:57] A Road, a shed and a fence there.
[59:00] Yeah. The, the fence I think he's asking, so
[59:03] that first course is 29.16 feet.
[59:06] You know, I think he's asking why we didn't go from
[59:08] that first angle point perpendicular into craven.
[59:12] 'cause it would've hit the fence in the shed.
[59:14] No, we would've, we would've cleared it by,
[59:17] by a greater distance.
[59:18] It's just a matter of trying to maintain a hundred feet on,
[59:23] on the Lincoln's property, which is 10 craven terrace.
[59:29] And additionally, I, I don't think they want,
[59:31] they were interested in reducing their
[59:34] frontage more than they had to.
[59:36] So it seemed easier to request a waiver
[59:38] for the, the perpendicular.
[59:41] But yeah, I'm, I'm just looking at where it,
[59:42] it puts in a dog leg.
[59:44] It says the shed and fence have to be moved anyway.
[59:47] Oh. Why, why couldn't that have come straight back?
[59:50] You know, you would've maintained the same frontage
[59:55] as what you have now, but you would've had a perpendicular
[59:58] line and you wouldn't have needed the
[59:59] waiver. You understand what I'm saying?
[1:00:04] Not entirely. Are you asking the, the first course,
[1:00:07] which is 29.16 feet? Yes. That
[1:00:11] If that came off perpendicular Yep.
[1:00:13] From the street came straight back. Yep.
[1:00:15] You made your intersect point further back.
[1:00:18] So that came straight. 'cause the shed's gonna, to me,
[1:00:22] it doesn't matter if that came straight back,
[1:00:24] if the shed's still encroaching, the shed can be,
[1:00:26] sheds can be moved, fences can be moved.
[1:00:28] Right. Actually, as far
[1:00:29] as I'm concerned, the driveway could have been moved.
[1:00:31] But you could have brought that back
[1:00:34] then you wouldn't have had that dog leg there.
[1:00:37] The intersect point would've been further back
[1:00:39] and you would've had a perpendicular line to the,
[1:00:41] to the street not requiring a waiver.
[1:00:45] Understood. I, I think, you know, as a survey firm,
[1:00:49] we don't propose encroachments.
[1:00:51] So it's a, it's a matter of either making them remove it
[1:00:55] or trying to accommodate it
[1:00:57] with a lot line adjustment. Well
[1:00:58] I understand that.
[1:00:59] It says right there in the notations it
[1:01:01] says shedding fence to be moved.
[1:01:02] So if they're gonna be moved anyway,
[1:01:04] why do you have to have that like that?
[1:01:07] Yeah. Is Is part of it to keep the land, the land area?
[1:01:11] It was, it's always tricky to do a,
[1:01:14] an equal land swap, an area swap.
[1:01:19] And we always consider
[1:01:23] countless options in trying to make this work with,
[1:01:27] you know, both, both parties what they're happy with,
[1:01:30] what they're willing to, what they're willing
[1:01:32] to give up and receive.
[1:01:34] So that I'm, that always has a lot to do with it.
[1:01:40] I don't know why it's not more perpendicular other than
[1:01:46] that's just kind of how it worked out for the area.
[1:01:54] Well I tend to agree with Mr. Chase that,
[1:01:56] you know, you got CAD tools.
[1:01:58] I mean, you could have figured out a way
[1:01:59] to make the equal area with
[1:02:02] slightly different inflection points along
[1:02:03] that already multiple point boundary.
[1:02:06] You, you take the, the,
[1:02:10] so the first one, you take the second one
[1:02:13] and then you push that back a little bit.
[1:02:14] I mean, you, you can adjust that.
[1:02:15] So the question is, is it reasonable to rest,
[1:02:18] to request the waiver if,
[1:02:20] if you could have achieved the equal area
[1:02:23] and not require the waiver.
[1:02:26] I mean, waivers technically required some hardship
[1:02:29] and the hardship has to be something more
[1:02:31] than, yeah, we didn't wanna do it.
[1:02:32] Oh and no, it's not that we didn't want to do it.
[1:02:35] It's just very tricky to make it work with
[1:02:38] as few angle points in a line as possible instead of,
[1:02:43] you know, a bunch of 'em.
[1:02:45] We try to minimize it
[1:02:46] and already it's,
[1:02:50] it doesn't create a super odd shaped lot,
[1:02:52] but it's also a, a little bit odd shaped.
[1:02:55] Yeah. Anyone else wanna
[1:02:59] weigh, weigh in on this one?
[1:03:02] I, I will also say that it,
[1:03:03] it also doesn't follow our recommendations
[1:03:05] that all lots be rectangular.
[1:03:07] So there's that.
[1:03:11] Yeah. Alright,
[1:03:16] are we done on, on the, on that question?
[1:03:21] Yeah. Motion to close the public hearing.
[1:03:24] Second. Okay. All those in favor say aye. Aye. Aye.
[1:03:28] Motion public hearing is closed.
[1:03:33] So now we can actually formally discuss
[1:03:35] that point under the waivers.
[1:03:37] Mr. Chair, I moved a grant waiver from LDCR section one 70
[1:03:41] dash 25 2 to allow a lot line
[1:03:44] that is not a substantial right angle to the street.
[1:03:47] After review of the waiver request,
[1:03:49] the board finds its specific circumstances relative
[1:03:51] to the plan or conditions of the land and such.
[1:03:53] Plan indicate that the waiver will properly carry out the
[1:03:56] spirit and intent of the regulations.
[1:03:58] Second,
[1:04:00] It has been moved by Malibu, seconded by pier to grant
[1:04:03] the waiver as requested.
[1:04:06] Any formal debate now that we're actually in the motion? No.
[1:04:09] At the risk of asking a foolish question shed
[1:04:13] and fence to be moved.
[1:04:14] What's the timeline I suppose to, to move this?
[1:04:20] I'm, I'm unaware of
[1:04:21] That.
[1:04:22] Yeah, yeah.
[1:04:26] I'm not sure that's actually part of our jurisdiction.
[1:04:29] I mean, right now they have a, a driveway that's encroaching
[1:04:34] and if after the adjustment they just have a a, a shed
[1:04:37] that's encroaching, it's like, eh,
[1:04:38] maybe that's an improvement.
[1:04:39] I don't know.
[1:04:41] The shed's been there for 30 years.
[1:04:45] I'm not, I'm more concerned
[1:04:47] with the driveway than the shed. I mean, but she's
[1:04:49] Been here for 50 years.
[1:04:51] Especially if they resale value, you know,
[1:04:55] I mean I I'm, Hmm, I'm inclined
[1:04:59] to support Mr. Chase on this
[1:05:01] 'cause I don't, I think this is not a, this is not a a,
[1:05:04] a hardship sufficient to require granting of, of a waiver.
[1:05:07] 'cause isn't an easy way to accomplish it without any other
[1:05:11] major downsides that I see.
[1:05:13] So
[1:05:18] any other comments?
[1:05:20] Well, we'll take a vote. Mr. Chase.
[1:05:22] No, I find that the, there is evidence that
[1:05:27] that line could be made perpendicular
[1:05:29] and still have an equal land swap
[1:05:30] without the need for the waiver.
[1:05:34] Mr. Wood? No. For the same reasons as Mr. Chase. Mr.
[1:05:39] Menini, I'm gonna vote yes. Yes. Okay.
[1:05:44] Mr. Mousy, I'm gonna vote yes. Mr. Ello.
[1:05:48] Yes, it definitely improves both lots. Mr. Pier?
[1:05:53] Yes. Mr. Maby?
[1:05:57] Yes. And the chair will also vote? No.
[1:06:00] I agree with Mr. Chase. It does not present a, a hardship
[1:06:05] that cannot be easily overcome.
[1:06:08] So what is our tally?
[1:06:10] Five to three in favor? Hmm. Five to three in favor.
[1:06:14] Okay, so the waiver has been granted findings of fact.
[1:06:20] Mr. Chair, I move to find the proposed plan does not alter
[1:06:23] existing conditions, which would affect access to the lots
[1:06:26] ensuring the health, safety
[1:06:27] and welfare of the neighborhood remains unchanged
[1:06:30] as a result of the adjustment of the lot.
[1:06:31] Line.
[1:06:35] Second, moved by Maby, seconded by Pier
[1:06:38] to make findings of fact.
[1:06:41] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr.
[1:06:46] Mousey? Yes. Mr. Ello? Yes. Mr. Pier? Yes. Mr. Maby? Yes.
[1:06:51] Chair votes? Yes. And on the approval,
[1:06:54] Mr.
[1:06:55] Chair, after review and deliberation
[1:06:56] of a lot line adjustment application for the Dennis
[1:06:59] and Karen Lincoln, PID oh 2 1 2 6 10 Craven
[1:07:03] Terrace and Richard m Marie Louis Brownwell family Trust,
[1:07:07] PID oh 2 1 2 7 12 Craven Terrace,
[1:07:12] the board finds the applicants have satisfied the general
[1:07:14] requirements of the land development control regulations
[1:07:17] or in cases where the regulation cannot be met,
[1:07:19] has satisfied the waiver requirements.
[1:07:22] Therefore, the motion is to approve, approve pursuant
[1:07:25] to RSA 6 76 4 Roman three expedited review
[1:07:30] with the following conditions, conditions precedent, subject
[1:07:34] to owner signatures, establish escrow for the setting
[1:07:37] of bounds or certify the bounds have been set
[1:07:40] note approved waivers on the plan.
[1:07:42] Obtain written approval from the planning director designee
[1:07:45] that the GIS submission is received and is operable
[1:07:48] and it complies with LDCR section one 70 dash 24 C
[1:07:53] submission of the appropriate recording fees payable
[1:07:56] to the Rockingham County Registry of Deeds.
[1:07:58] This includes a $25 L chip fee recording fees for the Mylar
[1:08:02] and the notice of decision conditions.
[1:08:05] Precedent shall be met within six months
[1:08:07] and conditions subsequent subject to onsite inspection
[1:08:10] by the towns engineer.
[1:08:12] The documents reflecting conveyance of the lots
[1:08:14] by de should be recorded at the Rockingham County Registry
[1:08:17] of Deed sub subsequent to
[1:08:20] or in conjunction with the final Mylar.
[1:08:22] And a copy of the recorded deed should be
[1:08:24] provided to the planning department for the file.
[1:08:26] Second
[1:08:28] Moved by Melanie, seconded by Peir to grant approval.
[1:08:32] Mr. Chase? Yes.
[1:08:37] Mr. Wood? Yes. Mr. Menini? Yes. Mr.
[1:08:42] Mousy? Yes. Mr. Ello? Yes. Paler? Yes. Mr. Maldi? Yes.
[1:08:47] And the chair votes? Yes. Great, thank you very much.
[1:08:51] Thank you very much.
[1:08:53] Might as well stay there Brandon.
[1:08:55] Okay. Okay,
[1:08:59] next item on the agenda
[1:09:02] is Catherine MD Simone.
[1:09:06] Did I get that familiar right.
[1:09:07] Rev Gold Trust parcel ID 0 2 1 4 1 12
[1:09:12] Milmore Road and Joanne Clark Dire Irre Trust
[1:09:18] Property Trust on PID
[1:09:19] 0 3 1 0 6 28 Milmore Road.
[1:09:23] Another lot line adjustment.
[1:09:25] Okay, so the purpose of the plan is
[1:09:28] to grant 28 Milmore Road an additional acre of land.
[1:09:32] The lots are located in the Medium density residential
[1:09:35] district, which requires a minimum lot acre of one acre
[1:09:39] and 125 feet of frontage.
[1:09:41] The two lots will change as follows. 12.
[1:09:43] Milmore will decrease by one acre resulting in a lot
[1:09:47] with 3.119 acres
[1:09:49] of land 28 Milmore will gain one acre resulting in a lot
[1:09:53] consisting of 4.644 acres of land.
[1:09:57] Both lots are on private well and septic.
[1:09:59] This is a fairly standard request
[1:10:01] and does not result in any nonconformities
[1:10:03] for either of the lots.
[1:10:05] So the recommendation is to pro
[1:10:07] to review the proposed lot line adjustment.
[1:10:10] Regional impact does not apply to lot line adjustments.
[1:10:13] As a reminder, and I will note that this one, it was,
[1:10:17] it was a little confusing when you look at this plan,
[1:10:22] Brandon can explain it better,
[1:10:24] but you notice near the cul-de-sac on the left hand side
[1:10:28] of the cul-de-sac, there's a line of trees.
[1:10:31] That rectangular piece is actually part of
[1:10:38] Map three, lot 1 0 6.
[1:10:39] So that is part of their lot area.
[1:10:41] The adjustment is taking place behind
[1:10:48] Map two lot 1 43.
[1:10:50] So part of a line is going away
[1:10:52] and it's just being moved over to the left.
[1:10:55] So Madam Director, I don't wanna presume that I can
[1:11:01] speak with any authority like the register of deeds,
[1:11:04] but I'm, I'm wondering if it might be wiser
[1:11:08] on the PLA to have the lot line to be removed in some sort
[1:11:13] of dashed indication rather than a solid line.
[1:11:17] I mean there is text but then you've got two solid lines.
[1:11:21] I think it might be less confusing if the lot line
[1:11:23] to be removed we're, we're, were dashed as
[1:11:27] that seem like a reasonable suggestion.
[1:11:31] That would be a great suggestion.
[1:11:32] We can add that as a condition. Okay.
[1:11:34] Yep. Alright. So with that,
[1:11:38] I think I understand what we're doing
[1:11:44] Mr.
[1:11:45] Chair. I move to accept jurisdiction
[1:11:46] of lot line adjustment plan
[1:11:47] before the board for Catherine MD revocable trust.
[1:11:51] PI oh 2 1 42 12 Milmore Road
[1:11:56] and Joanne Clark,
[1:11:57] irrevocable property Trust PID oh
[1:11:59] 3 1 0 6 28 Milmore Road.
[1:12:02] Second, excuse me, moved.
[1:12:06] Amal, seconded by Pier to ex accept jurisdiction. Mr. Chase?
[1:12:11] Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. Moey? Yes. Mr.
[1:12:16] Ello? Yes. Peir? Yes. Mr. Maby? Yes. Chair. Chair votes?
[1:12:20] Yes.
[1:12:22] Mr. Chair, I make motion
[1:12:23] to open the public hearing. Second,
[1:12:25] Move by ee, seconded by Peir to open the public hearing.
[1:12:27] All those in favor say aye. Aye. Aye. Aye.
[1:12:30] Public hearing is open. Please give
[1:12:32] us your rundown on this one.
[1:12:33] Yep. Again, Ms. Roby do did a really good job.
[1:12:36] I do agree with you that a phantom line
[1:12:39] or a dash line would work much better
[1:12:41] and clean that lot line to be removed up quite a bit.
[1:12:46] A little bit of background.
[1:12:48] It's my understanding that the Clarks who live
[1:12:51] on the cul-de-sac of that
[1:12:56] that's gaining the acre of land,
[1:12:58] they had a really good relationship with a lady
[1:13:01] who lived at number 12.
[1:13:04] I understand she passed in recent, recent time
[1:13:08] and was a kind of an understanding.
[1:13:12] They've been the, the Clarks have been maintaining that lawn
[1:13:15] for like 40 years.
[1:13:18] The area that will be transferred is
[1:13:21] essentially inaccessible.
[1:13:23] There's a really big wetland between 12 and 28.
[1:13:29] And the ag, the, the son of the lady who passed is,
[1:13:34] as far as I know, they have a really good relationship
[1:13:36] and he carried through with the plan of of going
[1:13:39] through with the lot line adjustment.
[1:13:42] I went out and delineated wetlands.
[1:13:44] There's a significant amount of wetland
[1:13:46] which isn't necessarily relevant
[1:13:48] to the lot line adjustment, but it's of note.
[1:13:54] And that's all I've got by way of introduction.
[1:13:57] So I'm happy to take any questions or comments,
[1:14:01] Questions or comments from the board.
[1:14:06] Hearing none, are there any questions
[1:14:07] or comments from anyone in the audience or online?
[1:14:12] Mr. Chair, we're seeing Rise.
[1:14:14] Oh, we have someone with a hand raise.
[1:14:16] Please, please come forward
[1:14:17] and give your name and address for the record.
[1:14:24] My name's Nicole Barrett.
[1:14:25] Wait, so we gotta wait till you get on the mic so
[1:14:27] that you're on the tape
[1:14:28] and the television audience at home can hear you.
[1:14:31] What? There's a TD audience at home. Okay.
[1:14:33] They need to hear you through the mic.
[1:14:35] Okay. Yeah. Thank you.
[1:14:36] My name's Nicole Barrett.
[1:14:39] I'm at 32 Milmore
[1:14:43] and I will just straight off admit
[1:14:45] that I don't know too much about these.
[1:14:49] I guess my only question
[1:14:50] and I didn't have a chance to talk to my neighbor,
[1:14:54] is there any change in like land use or anything with that?
[1:14:58] Gaining an acre?
[1:15:01] None proposed. It's in the same district,
[1:15:03] it's the same use,
[1:15:05] So there's nothing.
[1:15:07] Okay. That was my only question.
[1:15:08] They're just gonna keep mowing it like they've been
[1:15:11] doing as far as I know yet.
[1:15:12] Okay. They had horses there years ago,
[1:15:14] but it hasn't been,
[1:15:16] they haven't had animals over there for many years.
[1:15:19] Okay. That was it.
[1:15:21] Thank you. Okay. Thank you very much. Thank you.
[1:15:25] Anyone else has comments or questions?
[1:15:30] Okay. Seeing none. Back to the board. Comments or questions?
[1:15:37] Motion to close the public hearing.
[1:15:38] Second, I move to close the public hearing by Malam. B.
[1:15:42] Seconded by Peir. All those in favor say aye. Aye.
[1:15:44] Public hearing is closed. My findings a fact.
[1:15:48] Mr. Chair, I move
[1:15:49] to find the proposed plan does not alter existing
[1:15:51] conditions, which would affect access
[1:15:53] to the lots ensuring the health, safety,
[1:15:55] and welfare of the neighborhood remains unchanged
[1:15:57] as a result of the adjustment of the lot.
[1:15:59] Line. Second
[1:16:01] Moved and seconded.
[1:16:03] Moved by Melanie, seconded by app Palantier
[1:16:05] to make findings of fact.
[1:16:06] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. Mousy?
[1:16:11] Yes. Mr. Chair. Cello. Yes. Palantier? Yes. Mr. Mal? Yes.
[1:16:15] And chair votes? Yes. On the approval.
[1:16:19] Mr. Chair, after review
[1:16:21] and deliberation of the lot, line adjustment application
[1:16:23] for Catherine m DeSimone, revocable trust,
[1:16:27] PID oh 2 1 4 1 12 Milmore Road
[1:16:31] and Joanne Clark Irrevocable property Trust PID oh
[1:16:35] 3 1 0 6 28 Milmore Road.
[1:16:38] The board finds the applicant,
[1:16:40] the applicants have satisfied the general requirements
[1:16:42] of the Land Development Control regulations.
[1:16:44] Therefore the motion is to approve pursuant
[1:16:47] to RSA 6 76 4 Roman three expedited review
[1:16:52] with the following conditions, conditions precedent, subject
[1:16:56] to onus signatures, establish escrow for the setting
[1:16:59] of bounds or certify the bounds have been set.
[1:17:01] Obtain written approval from the planning director designee
[1:17:04] that the GIS submission is received and is operable
[1:17:07] and it complies with LDCR section one 70 dash 24 C.
[1:17:12] Submission of the appropriate recording fees payable
[1:17:15] to the Rockham County Registry of Deeds.
[1:17:17] This includes the $25 EL chit fee recording fees
[1:17:20] for the Mylar and the notice of decision,
[1:17:23] correct the zoning reference on the plan.
[1:17:25] The lots are located in the MDR district,
[1:17:28] not LMDR Conditions.
[1:17:31] Precedent shall be met within six months
[1:17:34] and the lot line to be removed is to be dashed on the plat.
[1:17:38] And then conditions subsequent subject to onsite inspection
[1:17:41] by the towns engineer.
[1:17:43] And the documents reflecting conveyance of the lots
[1:17:46] by deed should be recorded at the Rockham County Registry
[1:17:48] of Deeds sub subsequent to
[1:17:50] or in conjunction with the final Mylar.
[1:17:52] And a copy of the recorded deed shall be
[1:17:55] provided to the planning department for the file.
[1:17:56] Second,
[1:17:58] Moved by Alby and seconded by Peir to grant approval.
[1:18:02] Any questions? Mr. Chase? Yes. Mr. Wood? Yes.
[1:18:07] Mr. Menini? Yes. Mr. Mousy? Yes. Mr. Ello? Yes.
[1:18:12] Er Yes. Mr. Mal? Yes. Chair votes? Yes. Okay, great.
[1:18:16] Thank you. And I think we have what, one more. That's good.
[1:18:24] This one is the Murdoch family revocable Trust.
[1:18:27] PID 0 6 0 5 9 62 Lane Road
[1:18:31] for a two lot subdivision.
[1:18:34] Okay. So the proposal is for a two lot subdivision
[1:18:37] of 62 Lane Road.
[1:18:39] The property is located in the low medium density
[1:18:42] residential district, which requires a minimum lot area
[1:18:45] of three acres and 150 feet of frontage.
[1:18:48] The proposed frontage exceeds the requirement.
[1:18:51] A variance was granted on February 5th
[1:18:53] of this year from the provisions of section 1 65 47 B one
[1:18:58] to allow the creation of two lots was
[1:19:00] with less than the two acre minimum.
[1:19:03] The proposed lots are 1.85 acres and 1.6 acres.
[1:19:07] The lots will have private wells and septic systems.
[1:19:10] There are wetlands to the rear,
[1:19:12] which is actually West Running Brook.
[1:19:14] However, there is a stone wall in a tree line to the rear,
[1:19:16] which will limit any potential vehicular access
[1:19:19] to the rear of the property.
[1:19:21] The proposed lots will be identified as parcel oh 6 0 5 9,
[1:19:25] which is the parent Parcel 62 Lane Road
[1:19:28] and Parcel oh 6 0 5 9 dash oh oh one 60 Lane Road.
[1:19:33] As identified by the fire department.
[1:19:35] The trees tear, the proposed driveway will need
[1:19:38] to be removed for site distance purposes
[1:19:40] and the temporary culvert in front
[1:19:41] of the proposed lot will be reconstructed to town standards.
[1:19:46] Of note note six states the owner can choose
[1:19:49] to install residential sprinklers.
[1:19:52] The form of fire protection needs to be specified.
[1:19:55] The town can't per state law,
[1:19:57] require residential fire sprinklers
[1:19:59] and single family residential.
[1:20:00] However, we can require fire protection in the form
[1:20:03] of assistant or a hydrant.
[1:20:05] This lot is not in the hydrant hydrant district.
[1:20:08] So the choices are limited to the construction
[1:20:11] of a fire cistern
[1:20:12] or voluntary installation of residential sprinklers.
[1:20:15] If the owner chooses not to install sprinklers,
[1:20:18] the plan needs to be updated
[1:20:19] to show the cistern area in construction.
[1:20:21] Details or note six could be amended
[1:20:24] to state the applicant voluntarily chooses
[1:20:27] to equip the homes with residential sprinklers.
[1:20:32] There is one waiver to allow an existing drill home
[1:20:36] to remain as a boundary monument.
[1:20:38] Instead of installing a granite bound
[1:20:41] we'll need state subdivision approval town driveway
[1:20:43] and building permits in state septic.
[1:20:46] The recommendation is to review the proposed plan,
[1:20:49] vote on regional impact and review the waiver requests.
[1:20:51] This is also a fairly straightforward application.
[1:20:56] Okay,
[1:21:02] I think I, I've got this one.
[1:21:05] So let's move on with jurisdiction.
[1:21:10] Mr. Chair, I move to accept jurisdiction
[1:21:12] of the two lot subdivision plan
[1:21:14] before the board for the Murdoch family.
[1:21:15] Revocable trust, PID oh
[1:21:17] 6 0 5 9 62 Lane Road.
[1:21:20] Second, moved by Malibu, seconded by Pier
[1:21:24] to accept jurisdiction.
[1:21:26] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr.
[1:21:31] Mozzie? Yes. Mr. Ello? Yes. Mr. Pier? Yes. Mr. Maby? Yes.
[1:21:35] Chair votes? Yes. And on regional impact,
[1:21:38] Mr.
[1:21:39] Chair? Pursuant to RSA 36 56,
[1:21:42] the board finds the proposal
[1:21:43] as presented at this time meets the definition
[1:21:46] of a development of regional impact. Second,
[1:21:49] Moved by Malibu, seconded by Pier. Mr. Chase?
[1:21:53] No, this is a small tool lot subdivision
[1:21:56] geographically near the center of the town.
[1:21:58] So it does not meet the Juris definition of regional impact.
[1:22:02] Mr. Wood? No. For the reasons stated Mr. Menini
[1:22:05] No. For the same
[1:22:06] Reasons.
[1:22:08] Mr. Ey? No.
[1:22:09] For the same reasons. Mr. Ello? No.
[1:22:11] For the same reasons. Peir? No.
[1:22:13] For the same reasons. Mr. Mal? No.
[1:22:14] For the same reasons. Chair
[1:22:16] Votes?
[1:22:17] No. For the same reasons.
[1:22:19] Motion to I make a motion
[1:22:20] to open the public hearing. Second,
[1:22:22] Move by EE second to my Palantir to open public hearing.
[1:22:25] All those in favor say aye. Aye. Aye.
[1:22:27] Public hearing is open, so you may
[1:22:29] give us your rundown. Again.
[1:22:31] Thank you. S
[1:22:35] The, as Ms.
[1:22:37] Du said, we were granted a, a variance for area.
[1:22:41] It meets, it meets
[1:22:44] and exceeds the minimum requirement by soils, just not
[1:22:47] by physical land area.
[1:22:50] We are requesting a waiver for the front
[1:22:56] left westerly property corner.
[1:23:00] There's a drill hole, which is a legal survey monument
[1:23:03] that exists right there.
[1:23:06] And the regulations require a stone, a abound.
[1:23:11] The reason we are requesting the waiver is
[1:23:13] because of legal rules of removing boundary.
[1:23:18] We need select board permission
[1:23:20] and all the abutter, the affected abutter permission to do
[1:23:25] so because it's a existing monument set
[1:23:29] by a previous surveyor.
[1:23:33] You'll notice on the new lot, which is the lot to the west,
[1:23:39] that there's a proposed 4K area, 4,000 square foot
[1:23:44] suitable leaching area for a septic.
[1:23:46] That's a requirement for by the state
[1:23:49] or for, for a state subdivision approval,
[1:23:52] which we have received or approved septic.
[1:23:57] So Getting a septic design approved is kind
[1:24:01] of putting the cart before the horse in this instance.
[1:24:03] So it's easier to show a 4,000 square foot area.
[1:24:07] But we are, instead of having a septic in the back closer
[1:24:12] to the wetland and uphill,
[1:24:14] which was we inherited this job from another surveyor,
[1:24:18] we went to the site
[1:24:19] and performed our own traverse closure field checks,
[1:24:24] all of that, but it doesn't make any
[1:24:28] sense to put the septic in the back.
[1:24:29] So we, the, the buyer wants the septic in the front
[1:24:35] so that, that's a change from what will occur
[1:24:39] From what we show on this plan.
[1:24:42] I kept it like that
[1:24:43] because it, we didn't do the original design work.
[1:24:47] So what will take place later is the well will go
[1:24:50] to the rear of the house, the septic will be in the
[1:24:53] front, which makes more sense.
[1:24:54] Topographically, the driveway
[1:25:00] is really close to 150 feet.
[1:25:04] The buyer wants to shorten that.
[1:25:06] But if the, if the driveway is 150 feet
[1:25:10] or longer, we will propose a, a turnaround
[1:25:13] for fire apparatus.
[1:25:16] I spoke with the buyer today.
[1:25:18] He does want to voluntarily opt for sprinklers so
[1:25:23] that that has been addressed.
[1:25:25] The monuments have been set,
[1:25:27] the boundary points have been set
[1:25:33] and I can't read my other note.
[1:25:35] So I think that's it for now.
[1:25:38] Alright. I have a few technical questions.
[1:25:41] I'm gonna start with the drill hole. Yes.
[1:25:43] Is that in a really big rock?
[1:25:47] It's in a significant enough rock
[1:25:50] that another surveyor drilled.
[1:25:53] Drilled it. They, they, they're normally in base rocks,
[1:25:56] like bigger rocks on the bottom of a stone wall.
[1:25:58] Right. So they're not easily, you have to move it on purpose
[1:26:01] or, or that it's not really movable.
[1:26:04] Bless you. But it's a, a legal survey monument.
[1:26:07] So we really hesitate to remove those.
[1:26:11] So even though it's a quasi movable rock,
[1:26:14] I don't, I don't know, I didn't walk to it,
[1:26:16] but if it, if it's movable,
[1:26:22] you are not supposed to drill it.
[1:26:25] Understood. But
[1:26:27] So I, I can check that,
[1:26:28] but I don't, it's, I I am guessing
[1:26:32] that it's not, it that it's a significant enough monument
[1:26:36] that it's not gonna move.
[1:26:38] Well maybe we could ask as a condition
[1:26:40] that you actually do check that I, if you find it with like,
[1:26:42] ah, that's sketchy.
[1:26:43] Then think about Yeah. Remediating it.
[1:26:46] 'cause we don't want create problems
[1:26:47] for landowners down the, the, the way of if someone right.
[1:26:51] Moves a, a stone
[1:26:52] that was a monument without knowing it. Maybe
[1:26:54] It's a misdemeanor to remove a boundary point
[1:26:56] though. By by way you
[1:26:57] Have to know you're doing it.
[1:26:59] That we we have to do it with appropriate permission. Yes.
[1:27:04] No, no. I I mean if you happen to just move the rock
[1:27:08] and you don't know it's a boundary
[1:27:09] and you're not a surveyor.
[1:27:11] Oh, oh yeah, yeah.
[1:27:12] Yes. That's, that's kind of where I'm going.
[1:27:16] And then the other question was will there be some sort of
[1:27:20] as-built reason I asked is I went to the town
[1:27:23] and pulled the file on my lot
[1:27:26] and the information on, on the well
[1:27:27] and whatnot was kind of sketchy
[1:27:29] and I would appreciate, I guess if I was the landowner that,
[1:27:33] that the actual well location in the actual septic location.
[1:27:36] We're, we're on a document.
[1:27:37] They, yes. When I do the septic design, it'll be,
[1:27:40] it'll be constructed per a septic design,
[1:27:42] which is forthcoming and
[1:27:44] It'll be given to the planning department.
[1:27:47] It'll be build, yeah.
[1:27:48] The building department and on record at the state.
[1:27:51] The N-H-D-E-S subsurface bureau. Okay.
[1:27:57] I think that's it for now. Any other members
[1:28:00] of the board have questions Mr. To chase?
[1:28:02] Yeah, so I'm a little troubled with
[1:28:08] the dynamics of the well and the septic and everything.
[1:28:12] Usually that's pretty well established on a, on a plat
[1:28:16] before we accept it.
[1:28:19] I mean depending on where that well is gonna,
[1:28:22] we have no idea where the well is gonna wind up.
[1:28:24] Whether it meets, I'm sure you're professionals and ethical,
[1:28:28] but we know nothing of the well radii, we know nothing of
[1:28:33] the septic in proximity to the one next door.
[1:28:37] 'cause he wants it in the front with the wetlands.
[1:28:41] It will meet all the state and local
[1:28:44] Requirements.
[1:28:45] Sure it was. But what I'm getting at is we're used to seeing
[1:28:47] that in front of us
[1:28:50] that we can question anything.
[1:28:53] And I'm now, we're seeing basically nothing in front of us.
[1:28:56] You're telling us he wants this changed, he wants
[1:28:58] that changed, he wants this changed.
[1:29:01] And we really don't know what we're voting on here.
[1:29:05] The, the proposed, well the well radius will
[1:29:08] be entirely on that lot on the new lot and the septic.
[1:29:13] See where the word proposed map the words proposed
[1:29:16] map six lot 59 dash one Yeah.
[1:29:19] Are in front of the house. The
[1:29:20] septic septic will be going there.
[1:29:22] See the symbol, the test pit symbol
[1:29:24] just to the top right of that? Yeah.
[1:29:26] Right Above the DI did another test pit there.
[1:29:28] That's where the septic will be going. Okay.
[1:29:30] And the well radius is 75 feet
[1:29:33] because it's, it, it's
[1:29:37] below a certain gallons per day for the right,
[1:29:39] for a septic state by state rule.
[1:29:42] So a 75 foot well radius will be in the rear of the lot,
[1:29:47] which none of it will, none
[1:29:50] of the septic components will be within that 75 foot radius.
[1:29:53] And the well radius will
[1:29:57] main would be maintained entirely on the, the subject lot
[1:30:02] or the well radius can cross the property if it's precluded
[1:30:06] from development, which means you
[1:30:08] can't build a septic there anyway.
[1:30:09] A well radius can cross a lot line if
[1:30:11] there's a wetland on the other side.
[1:30:13] 'cause the neighbor can't put a septic there
[1:30:14] anyway. So that's it.
[1:30:16] I understand that. I'm just used to seeing firm,
[1:30:21] Well I designations, well I suppose she pick the question
[1:30:23] if, if everyone had agreed that's
[1:30:26] how things wanna be shuffled, why wasn't
[1:30:28] that revised on the drawing before it was submitted to us?
[1:30:34] Again, we came into this project later than
[1:30:39] we wanted to and,
[1:30:41] and later than I knew who was gonna buy the property.
[1:30:44] So that would've worked.
[1:30:46] But after speaking with who, the, the person who's gonna
[1:30:50] purchase property, they wanted to switch it,
[1:30:52] but it had already been sub submitted.
[1:31:00] It is a little unusual. I agree with Ms. Chase.
[1:31:02] Do we have a, an easy way to fix the documentation
[1:31:05] after the fact that we'll need everyone's concerns.
[1:31:13] I guess I'm gonna ask Mr.
[1:31:16] Foli, what's engineering's thought on that
[1:31:19] of us approving it without solid?
[1:31:22] So usually we do have approximate layouts
[1:31:26] of the well and septic locations,
[1:31:29] but the final septic location actually isn't set
[1:31:33] until it goes to the state.
[1:31:36] What he was kinda describing
[1:31:37] before, when they get the actual DES permit.
[1:31:40] So what we've approved in the past,
[1:31:43] what we've all approved hasn't actually been the final thing
[1:31:47] that was constructed in the field.
[1:31:49] That actually kind of gets ironed out kind of as it, as the,
[1:31:55] as things progress and as the houses 'cause,
[1:31:58] 'cause these, as the, we've discussed
[1:32:02] before at previous meetings, the houses, these are kind
[1:32:05] of rough alignments themselves.
[1:32:07] And as those change, the location
[1:32:10] of the septic kind of gets fine tuned.
[1:32:12] It's, it's not exactly
[1:32:17] precise at this point.
[1:32:19] Okay. So,
[1:32:20] So my question to you would be with,
[1:32:22] with I I understand fine tuning and adjustments.
[1:32:25] Yeah. It, you know, in the field as things go,
[1:32:29] this is a little more than a fine tuning adjustment.
[1:32:31] Agreed. How, what comfortable are you
[1:32:34] with that being approved?
[1:32:35] Or would you rather see an approved with it?
[1:32:38] I'm where it's gonna be, I'm comfortable this
[1:32:40] because it's only one lot and
[1:32:41] because what he's saying isn't
[1:32:46] egregious, you know what he's saying makes sense.
[1:32:48] The septic can fit in that location.
[1:32:50] The well can fit to, is it north, yet north of the property?
[1:32:56] It makes sense. It will work. I'm not concerned about it.
[1:32:59] Okay. So for this one instance, I'm okay with it,
[1:33:06] so I'm satisfied.
[1:33:10] Okay. But I I do, I do understand you're concerned
[1:33:13] and it's, it's valid.
[1:33:14] It's if there were, if, if there were more issues
[1:33:18] and I, I would be more hesitant,
[1:33:21] but for just this one property, I'm,
[1:33:24] I'm not super concerned about it.
[1:33:28] Any other comments or questions from the board?
[1:33:34] Does anyone in the public, either in the audience
[1:33:37] or online have comments or questions?
[1:33:39] Please come forward. Give your
[1:33:41] name and address of the record.
[1:33:48] Good evening, Scott Montelli, 58 Lane Road.
[1:33:52] The adjacent abut to the west of this lot line.
[1:33:56] I came when the murdochs were proposing the
[1:33:59] subdivision of the lot.
[1:34:02] I actually made mention the well was in the front,
[1:34:06] the septic was in the back, which is the opposite of
[1:34:09] what my property is.
[1:34:11] I have my septic in the front and well in the back.
[1:34:14] And I thought at that time it was most appropriate to
[1:34:19] make the change if it could be accommodated, you know, just
[1:34:22] to put everybody's mind at ease.
[1:34:24] The one thing that I do notice, the, the bound
[1:34:29] separating my lot
[1:34:31] and this new proposed lot, it's a loose laid farmer wall.
[1:34:36] The stones, you know, it's, I wanna say it's compromised.
[1:34:41] It's not well laid out.
[1:34:44] I have never seen the hole drilled in the rock
[1:34:47] up against the lane road.
[1:34:49] I don't believe it's currently marked today,
[1:34:52] although the lot has been laid out
[1:34:54] and I'd be looking happily looking for a granite bound there
[1:34:59] just to identify it.
[1:35:00] I think when the swale was originally created
[1:35:02] to allow the three lot subdivision to the west of this,
[1:35:06] it was probably lost
[1:35:08] in reestablishing the swale at the edge of the road.
[1:35:14] That's the only comment that, that I would have
[1:35:17] Comments on that.
[1:35:19] No thank, thank you. I think that's good comments.
[1:35:21] I mean, there, there are problem
[1:35:23] During your, your field resurvey.
[1:35:25] Did you, you didn't actually go and look for the drill hole?
[1:35:28] We tied, yes, we tied into the drill hole survey.
[1:35:30] So you found it found? Yes. Okay.
[1:35:32] Okay. Yep.
[1:35:33] But they're oftentimes not easy to find
[1:35:36] and we don't normally paint them up like crazy
[1:35:40] because people don't wanna see big splash of orange paint,
[1:35:43] orange paint in their front yard.
[1:35:46] That that is the only bond that's not a, a steel post.
[1:35:50] So I don't know,
[1:35:51] I'm assuming it was there at one time. But with the,
[1:35:54] Well, no, the, the gentleman's correct.
[1:35:56] Historically, there are multiple things that would count
[1:35:59] for legal bounds, drill holes in rocks, blazes on trees,
[1:36:03] so all sorts of interesting things in the colonial days.
[1:36:06] So this area of town goes back and has a history.
[1:36:09] So if there is a viable bound
[1:36:13] and if it has been found
[1:36:14] and then it's in a rock that's not gonna move
[1:36:18] anytime soon, then I think it's fine.
[1:36:22] If it's, if it's already been compromised,
[1:36:24] then maybe we've already broken that seal.
[1:36:26] So yeah, I think we ought to determine that as a,
[1:36:29] as a condition of approval.
[1:36:31] Just go out and double check that you did actually determine
[1:36:35] that the location of the drill hole matched the,
[1:36:38] the GPS coordinates We were supposed to be.
[1:36:40] Yes. Okay. So we know that much. Okay.
[1:36:44] Okay. Thank you. Yep.
[1:36:45] Any other comments, questions from members
[1:36:47] of the board or members of the public?
[1:36:51] Mr. Chair? Okay.
[1:36:53] Seeing none in, in the audience, go back to the, the board.
[1:37:00] I just, I, I'm with Mr. Chase on this one.
[1:37:02] I wish there was, i I I dare say use the word concrete,
[1:37:07] but more the proposed 4,000 foot
[1:37:10] that was going into the front.
[1:37:12] I guess I just wish we had seen that
[1:37:14] before this proposal stuff.
[1:37:18] I'm with you on this one. Mr. Chase,
[1:37:22] Ms. Robert,
[1:37:23] As a suggestion, if, if the
[1:37:28] final plan, like these plans will come back
[1:37:31] and the miler will come back for the board to sign
[1:37:34] before it goes to the registry, would it be appropriate to
[1:37:39] have that change made, you know, have it as a condition
[1:37:42] of approval that the final plat matches
[1:37:44] what will likely be constructed
[1:37:46] since we're having this discussion this evening?
[1:37:50] Well, let's, let's toss that around.
[1:37:51] And typically one of those conditional
[1:37:56] approvals for redrawing something is when the instructions
[1:38:01] to redraw it are very specific.
[1:38:04] It usually does not require or,
[1:38:05] or allow any discretion in how it gets drawn.
[1:38:09] So the playing board has to exercise a little caution
[1:38:12] when they say, we'll approve this and,
[1:38:15] and then we'll sign a plan that's different
[1:38:17] and we trust that it's not different in a way
[1:38:19] that we won't like that.
[1:38:21] Or is a condition to revise the final plan
[1:38:25] to show the new location of the proposed septic. And well,
[1:38:28] And, and if we can indicate that in, in some,
[1:38:32] not too many words as part of that condition that would make
[1:38:35] that less discretionary.
[1:38:37] I I would ask that you would do that.
[1:38:39] I'm more than happy to do that.
[1:38:42] I'm more than happy to have to show
[1:38:45] that on the, the final plan.
[1:38:47] And that can be a condition.
[1:38:51] We could say something like on, on the final plan,
[1:38:55] the proposed septic will move to the area currently
[1:39:00] occupied by the text that labels the property proposed
[1:39:05] map, plot six, whatever.
[1:39:06] And then the, the well will move to behind the house
[1:39:10] with an appropriate 75 foot protective radius.
[1:39:13] I think that might be specific enough
[1:39:15] to cover us if we wanted
[1:39:16] to have it just changed on the final mil alarm.
[1:39:19] Okay. Does anyone have any thoughts on that Mr. Chase?
[1:39:23] No, that, that would be fine, especially with
[1:39:27] town engineering department has no issues with the changes
[1:39:31] and hearing testimony from the neighbor
[1:39:33] where his is actually in that configuration
[1:39:37] that would be more harmonious with the neighbors
[1:39:39] and I think that would be much better.
[1:39:41] But it needs to be laid out on, on the plan.
[1:39:45] I agree. I I think that would be a good idea. Okay.
[1:39:48] Alright. So let's, let's make that a condition of approval
[1:39:52] to allow the, the well
[1:39:54] and septic swap only describe roughly on the plat
[1:39:58] where those things are gonna land. Okay. For
[1:40:00] The final mile.
[1:40:01] Your language was very good.
[1:40:02] So we will, we will utilize your language.
[1:40:05] Okay. If it's made
[1:40:06] as a motion, don't to repeat because I probably can't.
[1:40:08] No, I got bad news.
[1:40:11] We'll, we'll review. Well it's on tape.
[1:40:12] We that's what I just said to Caroline, the tape. Yeah.
[1:40:15] Yeah.
[1:40:16] And I think that might
[1:40:18] I, sorry, I don't mean to interrupt.
[1:40:19] I think that also might be good for us to see that too,
[1:40:20] because who knows that septics thing could,
[1:40:25] could disturb your proposed driveway as well.
[1:40:27] I I've got mostly, mostly I've got it mostly designed
[1:40:30] if not all the way designed.
[1:40:31] It's, it works. It's beautiful. Okay.
[1:40:33] So one of the things about septics is the planning board
[1:40:36] doesn't have an awful lot to say about them.
[1:40:39] And HD ask is really the god of septics.
[1:40:43] So whatever they come back with, we, we live with, right?
[1:40:46] They've gotten very strict lately too.
[1:40:47] There was a big rewrite that took place in February, so
[1:40:52] Yeah.
[1:40:53] So I mean, we can look at it again,
[1:40:55] but if we don't like it, we
[1:40:56] probably can't do anything about it.
[1:40:59] You'll, you'll like it. Anything else?
[1:41:04] That's It. Okay.
[1:41:08] One more last chance from the public. No.
[1:41:11] Okay, let's close the hearing.
[1:41:14] A motion to close the public hearing.
[1:41:15] Second, moved by Melody
[1:41:17] and seconded by Pier to close the public hearing.
[1:41:19] All in fair to say, aye. Aye.
[1:41:21] Public hearing is closed in the matter of waivers.
[1:41:24] Mr. Chair, I move to grant a waiver from LDCR section one
[1:41:28] 70 dash 20 5G to allow the existing boundary monument
[1:41:33] specifically a drill hole at the T intersection
[1:41:36] of the Stonewall to remain as a right of way monument.
[1:41:39] After review of the waiver request,
[1:41:41] the board finds the specific circumstances relative
[1:41:43] to the plan or conditions of the land in such plan indicate
[1:41:47] that the waiver will properly carry out the spirit
[1:41:49] and intent of the regulations.
[1:41:52] Second, moved by Alby, seconded by Peir to grant a waiver
[1:41:56] regarding the boundary.
[1:41:58] We have talked about this a lot.
[1:42:00] Is everyone happy with the fact
[1:42:04] that we think this drill hole is legal
[1:42:06] and probably in a big enough rock that's not gonna move
[1:42:08] that we don't need to worry further
[1:42:10] and that we could without bad conscience, grant this waiver?
[1:42:17] 'cause I don't, I don't if we're gonna grant the waiver,
[1:42:19] I don't see any purpose in,
[1:42:20] in attaching me condition, subsequent conditions.
[1:42:27] Okay, Mr. Chase? Yes. Mr. Wood? Yes. Mr.
[1:42:32] Nini? Yes. Mr. Ey? Yes. Mr. Ello? Yes. Pier?
[1:42:37] Yes. Mr. Maby? Yes. And the chair votes?
[1:42:40] Yes. Findings of fact,
[1:42:43] Mr.
[1:42:44] Chair, the board finds a proposed plan provides safe
[1:42:46] and efficient vehicular access and the design
[1:42:49] and construction of the roadway is adequate
[1:42:51] to accommodate the anticipated volume
[1:42:52] of traffic proposed by the development.
[1:42:54] The board finds the stormwater management
[1:42:56] as proposed is designed
[1:42:58] to control the post-development runoffs so
[1:43:00] that it does not exceed pre-development runoff.
[1:43:02] I move to agree with the
[1:43:03] above noted findings of fact. Second,
[1:43:05] Moved by alibi
[1:43:07] and seconded by Palantier to make findings of fact.
[1:43:09] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. Ey? Yes.
[1:43:14] Mr. Church? Yes. Mr. Palantier? Yes. Mr. Maby? Yes. Mr.
[1:43:17] Chair Woods? Yes. And on the approval. Alright,
[1:43:20] I'm gonna be fishing
[1:43:22] for some help on one of these conditions.
[1:43:25] After review and deliberation
[1:43:26] of the two lot subdivision plan application
[1:43:29] for PID oh 6 0 5 9, the Murdoch family revocable trust,
[1:43:33] the board finds the applicant has satisfied the general
[1:43:36] requirements of the land Development Control regulations
[1:43:39] or in cases where the regulation cannot be met,
[1:43:41] has satisfied the waiver requirements.
[1:43:43] Therefore, the motion is to approve pursuant
[1:43:45] to RSA 6 76 4 Roman one completed
[1:43:50] application with the following conditions,
[1:43:53] the conditions precedent, subject to owner's signature,
[1:43:56] establish escrow for the setting of bounds
[1:43:59] or certify the bounds have been set,
[1:44:00] establish appropriate escrow
[1:44:02] as required to complete the project.
[1:44:04] Note approved waivers on the plan or waiver on the plan.
[1:44:08] Obtain written approval from the planning director designee
[1:44:11] that the GIS submission is received and is operable
[1:44:13] and it complies with LDCR.
[1:44:15] Section one 70 dash 24 C Subject
[1:44:19] to receipt of applicable state
[1:44:21] or local permits relating to the project.
[1:44:24] Update note six To clarify the intended form
[1:44:27] of fire protection submission
[1:44:29] of the appropriate recording fees payable
[1:44:31] to the Rockham County Registry of Deeds.
[1:44:33] This includes a $25 L chip fee recording fees for the Mylar
[1:44:37] and the notice of decision conditions precedent
[1:44:40] shall be met within six months.
[1:44:42] The well location will move behind the home
[1:44:45] with the appropriate 75 foot radius
[1:44:48] and the proposed septic will move to which text?
[1:44:51] The, the, the front of the house in the location
[1:44:54] of the proposed map.
[1:44:56] Six lot. 59 dash one new area.
[1:44:59] 69,000 7 0 7 square feet.
[1:45:02] 1.60 acres as it exists on the current plat.
[1:45:06] Perfect. Thank you.
[1:45:08] And then condition, subsequent subject
[1:45:11] to onsite inspection by the towns engineer.
[1:45:13] Second
[1:45:16] Moved by Mamby, seconded by Peir to grant approval.
[1:45:19] Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr.
[1:45:24] Ey? Yes. Thank Ello? Yes. Mr. Pier? Yes. Dear Alibi. Yes.
[1:45:29] Chair votes. Yes. Thank you very much. Thank you very much.
[1:45:33] I appreciate being honest about that too. Thank you.
[1:45:38] Alright, we are now onto board member comments.
[1:45:44] Hearing none, may I have a motion to adjourn? So moved.
[1:45:48] Second. Moved by ee, seconded by biller to adjourn.
[1:45:52] Those in favor say aye. Aye. Please stand adjourned. I.