Agenda
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[0:01]
Welcome to the Town of Dairy Planning Board meeting
[0:03]
for June 17th, 2026.
[0:06]
We start our meetings with the Pledge of Allegiance,
[0:08]
so if you would please join
[0:09]
me. I pledge Allegiance.
[0:14]
Allegiance to the flag
[0:15]
of the United States of America in the Republic wishes
[0:19]
stands, one Nation under God, indivisible,
[0:22]
with liberty and justice.
[0:30]
I think the staff
[0:31]
and members are well aware of the emergency exit,
[0:33]
so I will wave that.
[0:36]
Notification of the planning board
[0:39]
voluntarily continues to offer remote participation.
[0:42]
Any member of the planning board participates remotely,
[0:45]
vote shall be by roll call.
[0:47]
In order to attend this meeting remotely using a computer
[0:51]
or a smart device like a phone visit www
[0:55]
zoom us.
[0:57]
Enter our meeting ID
[0:59]
seven five four six six three nine one two.
[1:03]
Or you may call in on the phone for audio only
[1:07]
by calling 6 4 6 5 5 8 8 6 5 6.
[1:12]
Same meeting ID 7 5 4 6 6 3 9 1 2.
[1:17]
And if you have technical difficulties getting in remotely,
[1:20]
please call
[1:21]
(603) 845-5585.
[1:26]
If you're on the phone and you wish to speak, hit start nine
[1:30]
to request to be recognized.
[1:32]
And once you have been recognized, hit star six
[1:35]
to unmute yourself.
[1:38]
I'll now introduce the members
[1:39]
and staff who are present tonight
[1:41]
to my far right is alternate, Mr.
[1:44]
Mousy, good evening, planning Director at Ms. Robo.
[1:47]
Good evening Planning intern Ms.
[1:48]
Bur Planning Clerk, Ms. Wilson
[1:53]
Town Council Liaison, Mr. Chase.
[1:55]
Good evening, member Worcester Wood.
[1:57]
Good evening, member Mr. Menini.
[1:59]
Good evening, Vice chair. Mr. O'Connor.
[2:02]
Good evening to my far left is Mr.
[2:05]
Preventer, who's coordinator for Dairy Cam
[2:07]
and makes all the wonderful technology happen.
[2:10]
Good evening Town Administrator Representative Mr. Ello.
[2:14]
Good evening and member Mr. Pier. Good evening.
[2:19]
We are missing a couple folks. So I'm gonna ask Mr.
[2:21]
Moey to sit for Mr. Fishman and I'm gonna ask Mr.
[2:26]
Pier if he would be willing to act as acting secretary.
[2:38]
First item on our agenda is an item at escrow.
[2:42]
Item number 26 dash 21 for Glenco Construction.
[2:47]
Okay, so this is for the subdivision
[2:52]
of 3 43 Island Pond Road.
[2:54]
The developer is Glencoe Construction.
[2:56]
This is a cash escrow. Parcel ID is map 17 lot two.
[3:01]
The request is to approve a final release
[3:04]
of cash escrow in the amount of $4,945.
[3:08]
For the above noted project, the amount to retain is zero.
[3:12]
Mr. Chairman, you Second
[3:15]
Moved by O'Connor, second by Pier to accept
[3:19]
the escrow as presented.
[3:21]
Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes.
[3:25]
Mr. O'Connor? Yes. Mr. Mousy? Yes. Mr. Ello? Yes. Mr. Pier?
[3:30]
Yes. Chair votes? Yes.
[3:32]
Next item is the approval of minutes for June 3rd, 2026.
[3:36]
Has everyone had a chance to review them?
[3:39]
Are there any errors or omissions?
[3:43]
Mr. Chase, do you know formally
[3:45]
or move to accept as written? Second.
[3:47]
Okay. Move to accept. As written by O'Connor.
[3:49]
Seconded by Pier. Mr. Chase? Yes. Mr. Wood? Yes. Mr.
[3:54]
Menini? Yes. Mr. O'Connor?
[3:56]
I'm abstain. Absent.
[3:58]
Okay. Abstain. Mr. Zy? Yes. And Mr. Ello?
[4:03]
I'll abstain as well. Abstain and Mr. Pier? Yes. Here.
[4:06]
Votes Yes. Minutes were accepted.
[4:11]
Next item is correspondence.
[4:14]
All right, we had two pieces
[4:15]
of correspondence in our packets this week.
[4:17]
First one is from the town of Beau having a public hearing
[4:21]
reference to a new communications
[4:22]
tower that they're putting up.
[4:24]
Public hearing is gonna be on June 18th,
[4:26]
7:00 PM at their town office building.
[4:30]
The second piece that we had was from Wyndham.
[4:33]
They met and declared a regional impact reference
[4:36]
to the construction
[4:38]
of a sports zone style bubble in Wyndham.
[4:43]
Thank you. Under other business we have a first
[4:48]
request for extension on approval
[4:51]
for parcel ID 0 5 0 6 9 18 Cemetery Road.
[4:56]
Sharon l Butterfield. Trustee.
[4:59]
Okay. So for this one,
[5:01]
the planning board approved a four lot subdivision
[5:03]
for Sharon l Butterfield revocable trust on
[5:06]
January 7th of this year.
[5:08]
The conditions of approval allowed six months
[5:10]
to meet the requirements.
[5:12]
The applicant has been working diligently
[5:14]
to secure the required state approvals
[5:16]
and is currently working with DES
[5:18]
to obtain the state subdivision approval.
[5:20]
The applicant is requesting an additional six months
[5:23]
to secure the necessary permits into
[5:25]
establish construction escrow.
[5:27]
Current approval expires July 7th.
[5:31]
The recommendation would be to grant a six month extension
[5:33]
and the new expiration date would be January 7th
[5:36]
of 27th. Okay.
[5:37]
I have one, I have one question.
[5:40]
Yes, I should know this, but I
[5:43]
maybe didn't listen well enough during all the training.
[5:47]
Why does the state get involved in subdivision approval?
[5:51]
If you subdivide a lot
[5:53]
and it results in a lot with less than five acres
[5:57]
the state needs, if it is going to involve a septic system,
[6:01]
the state needs to approve it because
[6:03]
It's, oh, I understand they need septic approvals,
[6:06]
but they're not actually approving the
[6:07]
subdivision of land. They
[6:09]
Approve the, they don't approve the subdivision like we
[6:12]
do, but they, they approve as part of that,
[6:16]
they approved the subdivision to say
[6:18]
that they agree there's enough acreage as proposed
[6:23]
to sustain septic systems which have
[6:25]
their own separate permits.
[6:27]
Yeah. Okay. Mr. Mr. Mr. McConnell
[6:31]
Over the past year, I think you noticed
[6:35]
Is your, is your mic.
[6:36]
Oh.
[6:39]
If you notice over the past year, many of the people
[6:43]
that come in front of us have basically said the same thing.
[6:47]
That they're always waiting for DES. They're way behind.
[6:50]
I know they're understaffed and everything,
[6:53]
but I can concur with the fact away.
[6:55]
So many people come back and ask for extensions.
[6:59]
Wasn't there a an initiative to
[7:03]
Expand That?
[7:04]
Expand? Was that only for, for the
[7:09]
alteration of terrain permits
[7:11]
or was that for all DES approvals must be
[7:15]
60 days. Yeah.
[7:16]
The, the primary, the primary one was the alteration
[7:19]
of terrain permit to kind of amend that process.
[7:22]
There was a lot of back and forth with fish and game
[7:25]
and conservation.
[7:27]
Yeah. In, yeah.
[7:28]
So there, there was a lot of back
[7:30]
and forth between the departments
[7:32]
and they understood based on developer feedback
[7:35]
that they needed to really streamline their process.
[7:38]
So when Governor AOT came in,
[7:40]
that was one of her directives.
[7:41]
And so they did look at that.
[7:43]
They're also looking at other departments.
[7:46]
I haven't done a deep dive into some of the wetlands things,
[7:51]
but I know wetlands permitting has changed.
[7:53]
A OT has changed there.
[7:55]
There's very, they're tightening up the requirements
[7:58]
and the times that they have to approve things.
[8:02]
Okay. Well hopefully this will get better. Yeah.
[8:04]
Thank you Mr. Lenner. Anyone else have comments? Ions?
[8:08]
Okay. Motion. Oh,
[8:13]
Sorry Mr.
[8:14]
Chair. I moved to Grant a six month extension of approval.
[8:18]
The new EXP expiration date will be
[8:21]
January 7th, 2027.
[8:26]
Moved by O'Connor, a second by Pier
[8:28]
to grant the requested extension. Mr. Chase?
[8:33]
Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes.
[8:37]
Mr. Mazi? Yes. Mr. Ello? Yes. Mr. Palantier? Yes.
[8:41]
And chair votes? Yes. Next we have a fourth extension
[8:46]
request on an approval for parcel id.
[8:48]
3 5 0 1 1 dash
[8:51]
0 1 14 Folsom Road.
[8:55]
Stinson Hills. LLC.
[8:57]
Okay, thank you. The planning board approved a 28,800
[9:01]
square foot multi-building medical office site plan in
[9:05]
February of 2020.
[9:07]
The board has since granted three
[9:08]
extensions of the approval.
[9:10]
The current approval expires on July 15th of this year.
[9:14]
The applicant has met all of the conditions of approval
[9:16]
with the exception of establishing escrow.
[9:20]
Historically, the board has not been asked
[9:22]
to consider a fourth extension.
[9:23]
However, in this particular case,
[9:25]
there are some circumstances that are
[9:27]
beyond the control of the applicant.
[9:29]
The alteration of terrain permit is still in effect
[9:32]
and won't expire until 2029.
[9:35]
The property is subject to New Hampshire,
[9:37]
DOT takings for the exit four.
[9:39]
A project which we're all aware is under active construction
[9:41]
right now for contract B.
[9:44]
When the project was originally approved, it was expected
[9:47]
that contract B would be completed
[9:50]
and all construction along the frontage of the project
[9:55]
Would be finalized so that they'd know exactly
[9:58]
where their entrance would be
[10:00]
and they could amend their plan accordingly.
[10:02]
The DOT project was delayed.
[10:05]
DOT also took a small portion of the property
[10:07]
and secured temporary slope easements
[10:09]
for construction purposes.
[10:11]
And those easements will not expire until 2030 or one year
[10:15]
after the completion of the four A project.
[10:18]
Currently there's an active roadway construction occurring
[10:21]
at the access to the property, which would make development
[10:23]
of the project problematic.
[10:25]
And for these extenuating circumstances,
[10:28]
the applicant is asking the board to consider their request
[10:30]
and we would recommend that you grant a 24 month extension
[10:34]
to allow completion of the construction project. Four
[10:36]
Months.
[10:37]
Okay. Any comments, questions?
[10:40]
Yeah, I'd like to make, like to make a comment
[10:42]
and one is that DOT was also going through a lawsuit
[10:46]
that took well over a year to resolve.
[10:48]
Yes. And so that's put them behind.
[10:52]
In addition to that, some of the acquisitions
[10:54]
of when I was a state rep at the times, some of the issues
[10:57]
with the delay in accumulating
[11:00]
the property to be able to get in.
[11:01]
So I think to actually almost two years
[11:03]
behind schedule right now, if I try
[11:06]
to go on their website today that it's not updated.
[11:10]
Okay. So I would concur to go with the, the possibility
[11:14]
of the 24 month extension for approval.
[11:19]
No other comments, then let's have a motion.
[11:22]
Okay. Mr. Chair, I recommend that
[11:24]
to grant a 24 month extension of approval.
[11:28]
The new expiration date will be
[11:30]
July 15th, 2028.
[11:33]
And I so move
[11:35]
Moved by O'Connor, seconded by Pier
[11:37]
to grant the extension as requested.
[11:40]
Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes.
[11:44]
Mr. O'Connor? Yes. Mr. Mazi? Yes. Mr. Ello? Yes. Mr. Paler?
[11:49]
Yes. And chair votes? Yes.
[11:52]
And last item under administrative business is to review
[11:56]
and prioritize set of planning board goals,
[12:00]
which you have all seen before.
[12:03]
And there's a,
[12:05]
a large printout in package.
[12:09]
So are we proposing that all
[12:13]
of this fit in this current year?
[12:16]
Well, I guess that that's what I was asking the board.
[12:19]
Do you want to wanna do an aggressive schedule?
[12:21]
We can do it.
[12:23]
So the timeframe, does that mean
[12:26]
how long you think it will take to complete from
[12:30]
initial drafting to getting it to the council?
[12:34]
Yeah, so short term would probably be
[12:36]
about three to three.
[12:38]
Three months or so.
[12:40]
Okay. So members
[12:45]
have reviewed this, I assumed have some
[12:48]
thoughts and preferences?
[12:52]
No. Okay. Take it over on the side.
[12:59]
You guys like it as is?
[13:00]
Well, I mean, first of all,
[13:04]
did CBD amendments, didn't we actually complete that?
[13:07]
We're do. Oh, we could delete that
[13:09]
because we are taking care of those tonight.
[13:13]
Right. With regard
[13:17]
to number two, is this
[13:21]
based on unexpected or, or even on enacted legislation?
[13:26]
It is not. We, I had brought this to the attention
[13:30]
of the board about a month or so ago.
[13:32]
What we're finding is that on lots in areas
[13:37]
where we did not have water
[13:39]
or sewer available in the MDR
[13:42]
or the LMDR, you know,
[13:46]
we had our normal frontages and lot sizes.
[13:48]
What we're finding is that water
[13:52]
and sewer is now moving into those areas.
[13:54]
And the ZBA is being asked to approve lot size
[13:59]
reductions and frontage reductions
[14:01]
because there's like services available normally
[14:05]
lot size reductions
[14:07]
because there's, especially with water going through,
[14:11]
they don't need the room to maintain the well radius
[14:16]
between the well and the septic.
[14:18]
So in the ZBA has been approving a lot of those requests.
[14:22]
So we're, it's probably a good time to look at the zoning
[14:27]
and see if it makes sense to look at that again
[14:31]
and, and see what
[14:34]
Sure.
[14:35]
Yeah. I mean off the top of my head, if, if if water
[14:39]
and sewer triggers through a smaller
[14:44]
area requirement for a lot than maybe some of those parcels
[14:48]
where that service exists actually
[14:49]
belong in a different district.
[14:51]
That too. Yeah. Any, any other thoughts right
[14:54]
Here, Mr. O'Connor?
[14:56]
Yes. One of my thoughts is the fact that not to talk
[14:59]
to made me Mr. Chase is that with the new development
[15:04]
of expanding the water flow from here down through Windham
[15:07]
and, and the location that
[15:10]
we were also gonna now include sewer, I believe that's part
[15:13]
of some of the future plans.
[15:16]
That whole Ryan's Hill
[15:17]
and then going off to another section.
[15:19]
So I think if something would behoove us to
[15:22]
add this area into the, the scope,
[15:27]
Yeah, it would.
[15:28]
And also in the second phase of that
[15:33]
expanded water, we'll they'll also propose to add a
[15:38]
through storage tank onto Warner Hill Road.
[15:40]
So it would be adding some water out
[15:45]
in that area also, plus enhancing what is already there.
[15:48]
Some of the community wells and such. Yep.
[15:51]
So I think all of those areas
[15:54]
that are gonna be encumbered in
[15:55]
that second phase should be looked at.
[16:01]
And so that seems like a reasonable thing to look at is,
[16:05]
is the proposal for that to be the second work item up
[16:09]
for to be addressed?
[16:12]
We could, we could do it.
[16:15]
We could reprioritize any of these.
[16:17]
That's really what I was looking for from the board.
[16:19]
You know, did you agree these are things we should work on?
[16:22]
Is this the right order for them?
[16:24]
And then who wanted to take lead on it?
[16:27]
Okay. That seems like it has
[16:31]
potential impact.
[16:33]
And if we're seeing a lot of variances,
[16:36]
we probably should address that in the fairly short term.
[16:41]
The other one that in number three
[16:46]
state law requires that we have a, a chapter
[16:50]
in our zoning ordinance for workforce housing.
[16:53]
We don't, we have workforce housing terms
[16:55]
and conditions sprinkled through out the entire document.
[16:58]
And the planning director and I chatted about this
[17:02]
and the thought was to create a non-normative,
[17:05]
and by that I mean it doesn't actually change the ordinance.
[17:08]
It's basically an index.
[17:09]
A guide to where you find all the parts
[17:12]
of the workforce housing puzzle in our ordinance
[17:16]
by chapter in verse.
[17:18]
So it, it at least complies with the spirit of the,
[17:22]
the state law without having to do a lot
[17:26]
of heavy lifting with redrafting.
[17:27]
The, the zoning zoning ordinance itself.
[17:30]
So first, is that a reasonable idea to do?
[17:36]
Any thoughts on that? Can,
[17:39]
Can the town still be held accountable
[17:41]
for the way it is right now versus a,
[17:43]
a solid ordinance just for work housing?
[17:47]
Well, a court could answer that.
[17:52]
We don't wanna do that. But I, I think that
[17:57]
this would certainly be a, a first step if we, if we had
[18:01]
to rewrite the zoning ordinance
[18:02]
and create a separate chapter just for workforce housing,
[18:05]
this would get our ducks in a row.
[18:08]
Or it might be that, you know, the legal system says, well,
[18:12]
you know, people can figure out what, what,
[18:15]
what you've got from this guide.
[18:19]
And that does not say that all of the opportunities
[18:23]
that everyone would like to see
[18:24]
for workforce housing are provided.
[18:27]
But at least it's, it's clear what we have
[18:31]
and it would not be, it would not be a lot of work.
[18:36]
My only hesitancy is I have no idea how
[18:40]
to create a non-normative, you know, appendix
[18:43]
to the zoning ordinance.
[18:45]
'cause ordinances are usually local municipal law.
[18:50]
This would be a guidebook.
[18:52]
So I don't know where we'd put it. That's my only concern.
[18:57]
But I think we may have, and I can remember
[18:59]
and maybe Liz can help out, when Judge Sheros was here,
[19:03]
they used to, every so many months he would tell us
[19:06]
where we stood as far as the amount of workforce housing.
[19:10]
'cause if anybody was to ask is dairy in compliance
[19:13]
and dairy would far exceeded the compliance back on then.
[19:17]
But I don't have the math on
[19:18]
how he had done that at the time.
[19:21]
And I don't know whether lista,
[19:22]
'cause that was quite a few years
[19:23]
Ago.
[19:24]
He obtained the numbers from Southern
[19:25]
New Hampshire Planning Commission.
[19:27]
So it came from it.
[19:28]
So we would, we would obtain those numbers now
[19:31]
from American Community Survey.
[19:33]
George used to pull them, I think from the census in
[19:36]
Southern New Hampshire planning's estimates.
[19:39]
But American Community Survey kind
[19:42]
of tracks more up-to-date data annually.
[19:46]
So we could, we could pull numbers from there.
[19:49]
I think we're still, we're still on track
[19:53]
and I think we're still trending a little bit higher than
[19:56]
other communities with regard to affordable housing.
[20:02]
Okay. Thank you. Yeah.
[20:04]
So I guess
[20:05]
before we launch this, maybe we should actually ask council,
[20:10]
Hey, we're supposed
[20:11]
to have a separate chapter in the zoning ordinance.
[20:14]
All the issues are already covered in
[20:16]
different pieces of it.
[20:17]
Would, would an index guide be a sufficient substitute
[20:22]
for rewriting it into a single chapter?
[20:26]
See what, see what they say.
[20:27]
Alright, I'll reach out
[20:29]
Because I, I am still a little dubious as to
[20:33]
how we would adopt it.
[20:35]
'cause it's not really part of the ordinance.
[20:38]
It's, well, I guess you could put it as an appendix,
[20:40]
but it basically just an index, this topic, this page,
[20:44]
this section, this topic, this page,
[20:46]
this section sort of thing.
[20:47]
Okay. Okay. Is what we were thinking.
[20:52]
All I will, I will do that.
[21:01]
So we've talked about solar requirement
[21:04]
and I guess we all agree it's a little outdated.
[21:12]
It, it didn't cover ground mounted
[21:16]
and it didn't, you know, give specific directions
[21:19]
for roof mounted and the, the, the 15 K is
[21:23]
what kilowatts Yes.
[21:25]
Yes. It doesn't seem to me that the water output ought
[21:28]
to be the threshold for, for land use planning.
[21:31]
But hey, maybe square footage
[21:36]
of footprint or something like that.
[21:38]
We can, we can look at that.
[21:40]
I think it, when we originally did our language,
[21:45]
I think we drew that from John would remember.
[21:48]
Do we draw that from state guidance
[21:51]
when we wrote our solar ordinance?
[21:54]
I think, I think that some of the language came from there.
[21:57]
But we can definitely look at it.
[21:58]
And so, and,
[21:59]
and I agree that, you know, it should be something
[22:01]
that is more dimensional.
[22:05]
Well, there is one avenue we could take Mr.
[22:08]
Chair is the fact that the original sole ordinance
[22:11]
that we have, majority of it was taken from the state.
[22:15]
And I was on that particular committee
[22:18]
with a few other people from conservation so forth.
[22:23]
There was a potential that we could have,
[22:26]
have an organization in the state of New Hampshire
[22:30]
that's looking at rewriting all the, so,
[22:32]
and they had reviewed all of dairies last year.
[22:36]
But at the time, the code enforcement, which is how
[22:40]
that was leaning to it, didn't have the time to be able
[22:43]
to review all of that.
[22:46]
So it's an opportunity.
[22:47]
'cause I actually got a email from the woman
[22:51]
that's in charge of the clean energy program.
[22:53]
Yeah, I've seen those. She's trying to, so
[22:55]
She's, I I don't, I don't know whether that it's, it's,
[23:00]
she's trying to clean up a project, trying to make a sale.
[23:02]
I don't, I don't know what she's trying to achieve.
[23:04]
But if indeed it is
[23:09]
split between land use and,
[23:11]
and code enforcement, then we can't really, you know,
[23:17]
Direct code Enforcement.
[23:18]
We can't direct the, the, the,
[23:20]
the code enforcement department as to their priorities.
[23:23]
So I think the changes we were talking about were only those
[23:26]
that, you know, for example, when we,
[23:31]
when we had the solar farm on the roof of the,
[23:34]
the parking structure at Abbott Court, we had no idea how
[23:37]
to review it.
[23:38]
We reviewed it as if it was a sign
[23:40]
because we had no specific language for architectural
[23:45]
features of solar farms.
[23:47]
So that would be within our, our jurisdiction.
[23:56]
And I'm not saying that the rest of it shouldn't be,
[23:59]
we could encourage our, our brethren in,
[24:01]
in code enforcement to take a look at it.
[24:03]
But that's long term.
[24:06]
Okay. And it's something I wouldn't think would take
[24:09]
too long to review of maybe a couple of months.
[24:12]
Three, two or three public hearings.
[24:16]
Okay.
[24:23]
So update the timeline on non-conforming use.
[24:26]
Where did, where did that come from?
[24:29]
That came from me. So the whole purpose of
[24:35]
when we look at uses and we remove uses from zones, it's
[24:39]
because we don't really want those uses
[24:43]
in the zone anymore.
[24:45]
And I think allowing something,
[24:51]
if the use lapses
[24:53]
and then you have 365 days to reestablish it.
[24:58]
Like we're just promoting the continuation
[25:00]
of non-conforming uses by allowing that 12 month period.
[25:04]
So I would ask that we reduce that down to, you know,
[25:09]
maybe three to six months or
[25:12]
Six months.
[25:13]
Well, I mean it's the same period.
[25:14]
If your, your house burns and it's a non-conforming house
[25:17]
and you get to reconstructed on the same footprint,
[25:20]
That would, that falls under a,
[25:22]
a slightly different provision
[25:23]
and not that's non-conforming structures
[25:27]
as opposed to uses.
[25:29]
You don't think a habit dasher
[25:31]
is gonna come in anytime soon?
[25:33]
We would probably no habit dasher,
[25:35]
but I think, well we'd probably, we'd probably say that was
[25:39]
retail sales at this point.
[25:41]
Yeah. 'cause we've combined all those uses under that.
[25:43]
I gotcha. That one thing.
[25:46]
But say for example, you have a, in one
[25:50]
of our residential, well no, that would be a bad example.
[26:01]
Hmm. I'm trying to think of a specific use
[26:02]
where we were like, nope, remove it.
[26:05]
Well, I, I know that when we make changes
[26:08]
to uses in districts, we,
[26:10]
we think we are doing the right thing.
[26:12]
Typically it's
[26:14]
after some sort of public input could be just a public
[26:18]
hearing or it could be the extensive, you know, charettes
[26:21]
and whatnot that we did for the CBD
[26:25]
or for the, the two four A zones, the industrial two
[26:29]
and neighborhood commercial and whatnot.
[26:31]
Right. But on the other hand,
[26:36]
grandfathering and land use rates are kind
[26:38]
of a sacro stat thing.
[26:41]
So I'm a little
[26:45]
anxious about remove, shortening the,
[26:50]
the duration of grandfathering just for uses
[26:54]
that we've decided to remove in a, in a zoning revision.
[26:57]
I don't, I don't know whether that's
[27:02]
I raising any constitutional issues,
[27:04]
but that's kind of where my mind is going.
[27:08]
Anyone else have thoughts pro or con?
[27:12]
No. If we could take a look at the list
[27:14]
and if it makes sense to, to purge him.
[27:16]
We, we, we should. I mean, I get what you're saying.
[27:20]
If it's a, if it's a use that we've got in place
[27:24]
but we don't want any more of it, that's one thing.
[27:26]
But if you are looking at the list of permitted uses,
[27:28]
then it doesn't make sense.
[27:30]
And I don't know, I haven't really looked at 'em.
[27:33]
So, but if they're,
[27:36]
and I'm just using it as an example video store.
[27:38]
Well, they're on no more video stores.
[27:41]
So you can purge that kind of stuff.
[27:43]
No, no, I'm not talking about changing the ordinance
[27:45]
because a use is no longer
[27:49]
important or utilized.
[27:51]
I'm, I'm talking about you got a video store,
[27:55]
we zone it out, you're running it for six months
[27:59]
and then you have a fire
[28:02]
and then you, you're gonna rebuild it
[28:04]
and you're gonna continue to run your store.
[28:06]
Should you have a smaller grandfathering time
[28:10]
to restore that business.
[28:11]
Just because we had recently enacted to take it out
[28:15]
of the allowed uses as opposed to other natural
[28:20]
ways that that might happen.
[28:23]
Okay. So, so I'm thinking more for an example,
[28:26]
like say in our neighborhood commercial district,
[28:28]
we had an auto sales use in neighborhood commercial
[28:32]
when we redistrict
[28:34]
and we created that district, we looked really hard at
[28:37]
what we wanted the character to look like there.
[28:40]
And if someone had that on their property
[28:45]
and then they abandoned the use, anyone
[28:50]
coming in could reestablish that use within a year.
[28:56]
But that, I guess my point is that
[29:00]
when we make zoning changes like that where we're trying to,
[29:05]
to save or maintain a certain character
[29:09]
or doing something like that and we specifically remove the
[29:12]
use because it's contrary to what we're, what the vision was
[29:15]
or what the town wanted or what the residents wanted.
[29:18]
I think we need, it would just, it,
[29:22]
it's hard because sometimes we have uses
[29:25]
that are are coming in that are just not suitable
[29:28]
and they are, you know, that wouldn't be suitable.
[29:32]
Like to have someone come in on the 364th day
[29:35]
and be like, yep, I'm, I'm,
[29:37]
I'm bringing in my six used cars on this, you know,
[29:41]
0.25 acre lot
[29:42]
because we wanted to, we specifically said, no,
[29:45]
we don't want that there.
[29:48]
So that, that's really what
[29:49]
I'm kind of trying, trying to say. I understand
[29:50]
That's the, that's the hand of government
[29:51]
running enforce a vision.
[29:52]
Yeah. I'm kind of think from the point of view of a,
[29:55]
a businessman who maybe yeah, it's a sole proprietorship and
[30:00]
and that's their retirement nest egg to sell their operating
[30:04]
business and move into retirement in Florida, for example.
[30:08]
Sure. And maybe they have some health issues so that the,
[30:11]
the business is not actually operating
[30:14]
but is, is actively listed for sale.
[30:18]
Sometimes it may take a year to sell a business.
[30:21]
If we decrease the time allowed
[30:26]
to culminate that sale, we are effectively
[30:32]
emptying that poor guy's retirement piggy bank. Okay.
[30:37]
It, So I, I think we have to think about those,
[30:39]
those potential side effects as well.
[30:41]
Okay. It's just a, these are suggestions
[30:43]
and the board doesn't have to take any of them.
[30:46]
So we could take it off the list if
[30:47]
there's a strong objection.
[30:49]
I mean, now that you bring that up and,
[30:50]
and we had some discussion about water
[30:52]
and sew going up Ryan Hill.
[30:54]
Now, one of the purposes that we brought water
[30:56]
and sewer up there is to change
[30:58]
that commercial landscape a little bit
[31:01]
because everyone knows that's, if you run up Ryan's hill,
[31:05]
you see a lot of these car lots
[31:06]
because that's, that will go, that's probably the highest
[31:09]
and best use there.
[31:11]
But when you bring water
[31:12]
and sewer in, that's a whole different ballgame.
[31:16]
You know, and, and I mean I think it benefits those people,
[31:19]
those business owners that they could resell
[31:21]
that property into a higher and better use.
[31:24]
Oh, absolutely. I mean I, I,
[31:27]
I'm a hundred percent in favor of the carrot approach to
[31:31]
incentivized folks to use more appropriate uses.
[31:35]
I'm just a little leery of the stick.
[31:38]
Especially in a case where there's a pending in retirement,
[31:42]
maybe some health issues.
[31:43]
They, they have it actively listed with a business broker
[31:45]
to sell it as an operating business
[31:47]
or at least a business with a book of customers.
[31:51]
How long that should go on, I don't know,
[31:56]
would be nice to get information from,
[31:58]
from somebody in that industry.
[32:00]
You know how Yeah. If, if you haven't sold your business
[32:02]
after six months, is it never gonna
[32:04]
sell? I don't know. Yeah,
[32:05]
It, it, yeah.
[32:06]
I guess it would depend on the market at the time.
[32:08]
And I guess, you know, in that case, you know, if,
[32:11]
if they were in a case like that, if they were trying
[32:14]
to sell it and it was 13 months later as the,
[32:19]
the way the ordinance reads now,
[32:21]
we would send them for a variance.
[32:22]
Yeah. Yeah. I mean they do have to be rules
[32:26]
And that would be part of their hardship
[32:27]
Case.
[32:30]
So Yeah, I guess that's, we're just asking
[32:32]
to shorten that a little bit.
[32:33]
We can take it off the table.
[32:34]
Well, let's put it at the bottom of the list
[32:36]
and then maybe give it some more thought,
[32:39]
a little more research on what other communities do.
[32:43]
I don't want dairy to be the,
[32:45]
the bad guys in, in the state, but,
[32:47]
Okay.
[32:48]
So I'll adjust it to the timeframe would be long term
[32:50]
and a low priority.
[32:53]
Okay. Okay. I I won't take it off.
[32:55]
I wouldn't take it off the list, but we No,
[32:57]
But we'll, we'll make it a lesser priority. You
[32:59]
Should probably have a stronger
[33:00]
consensus on it before we move forward.
[33:01]
Well, I'm a little bit concerned you're moving it from
[33:03]
short term to long term
[33:06]
if you're gonna bump it out to study it more.
[33:08]
Maybe midterm. Maybe midterm.
[33:10]
Okay. Well it's not really, so I felt long term meant
[33:14]
how long it took to execute it.
[33:17]
Priority is when we, when we get to it, right?
[33:19]
Yeah. Yeah. So we're not changing the timeframe,
[33:21]
we're just changing the priority.
[33:23]
Okay. We can do that. Okay.
[33:28]
And if we, you know, get to the bottom
[33:29]
of the list, we get to the bottom of the list.
[33:31]
Yay. Okay. Yay us.
[33:38]
The next one is, is Tiny home cottage court
[33:40]
ordinance or requirements?
[33:45]
Well, I mean, this is topical.
[33:49]
Everyone in the state is champion championing
[33:53]
housing opportunities.
[33:56]
So it's probably time for us to take a look at this.
[33:58]
Although there are probably some members of the board
[34:00]
who remember when we tried to do cluster zoning
[34:03]
and it got Yeah, we got pummeled.
[34:07]
Yeah. So,
[34:09]
But the interesting thing is, as time goes along,
[34:12]
like back in the eighties, early nineties,
[34:15]
everyone wanted a three acre wat they
[34:17]
didn't wanna see their neighbor.
[34:18]
Now you're looking at subdivisions
[34:19]
because the cost of land is so expensive,
[34:22]
you're seeing these new subdivisions with,
[34:24]
you can see the homes closer, like the traditional seventies
[34:28]
style of subdivision.
[34:32]
So I think as time changes, you're gonna see that.
[34:35]
The interesting thing about the tiny homes is that,
[34:36]
you know, I'm interested in looking at, was it,
[34:40]
is it Chester or Raymond
[34:42]
Chester's having, having a little pushback
[34:45]
Community, a lot of back, but I'm just curious as
[34:47]
to why the whys of that.
[34:49]
Is it because, and there's a lot of this
[34:52]
that needs to get done at the,
[34:54]
What they said is it was the location of it.
[34:56]
It was in a, a historical agricultural district
[35:00]
and it would disrupt the, the farming community.
[35:02]
It's right near their center.
[35:04]
Chester. Although the, the proponent
[35:05]
of this is Chester's chance to shed itself of the,
[35:10]
the title of poster boy for snob zoning.
[35:13]
Yeah. Well, Chester got sued already time a
[35:16]
While ago.
[35:17]
Yeah. But I thought we were gonna look into maybe doing
[35:20]
like a little field trip into a town
[35:23]
or city that's actually doing these successfully.
[35:26]
Yep. And we can, we can make that part of the,
[35:29]
part of that whole process just
[35:30]
So we can take a look at it.
[35:31]
Because I think I, I,
[35:33]
I mean being in the real estate business, I was kind
[35:37]
of shocked to find out Rockingham County average home is
[35:39]
like 750,000.
[35:41]
It's getting crazy.
[35:44]
And the younger generation just can't, they,
[35:46]
they can't buy anything.
[35:48]
And so something's gotta be done. I
[35:50]
Do think that anything that is related to
[35:54]
affordable homes, whether it's tiny homes
[35:56]
or workforce housing or, you know, rent controlled housing
[36:00]
or whatever it might be, probably is very topical.
[36:03]
And, and we gotta look at it sometime this year, right?
[36:06]
Yes. I think
[36:08]
Mr.
[36:09]
Chair. Yeah, Mr. Go O'Connor. I,
[36:10]
I happen to get the copy of the
[36:12]
New Hampshire Business Week and that's almost every month.
[36:17]
There's a huge article regarding this here.
[36:20]
Especially a lot of them, like Dartmouth Hospital,
[36:24]
they're building all these tiny houses for their workforce.
[36:28]
Took them in Rochester about a year
[36:30]
and a half ago, one of the nursing homes,
[36:32]
private nursing homes, the guy
[36:34]
and his wife developed 30 of the townhouses.
[36:38]
In addition to that in the center.
[36:40]
He also put in near a kindergarten. He had to, I
[36:45]
Thought there was also happening in, in Dover.
[36:48]
So those people are thinking outside the box
[36:50]
because the, for instance, shortage of nurses, right?
[36:53]
So how do you attract the nurses?
[36:55]
Because there, there's not enough to go around.
[36:57]
So these, these industries
[36:59]
and these people are thinking outside the box, okay,
[37:01]
we'll we'll actually pay for housing.
[37:03]
That's a benefit. You wanna work over here,
[37:06]
But the manufacturing, Then you get reduced housing.
[37:08]
That's just smart thinking and outside the box thinking.
[37:11]
I don't know how that applies to dairy
[37:13]
unless Parkland does something.
[37:15]
I don't know. And I don't know if
[37:16]
there's a need over there, but,
[37:18]
But that also includes manufacturing is also getting
[37:22]
involved with that too.
[37:24]
So you'll see a lot more of that coming forward.
[37:26]
Yeah. And child, another, another issue.
[37:29]
Yes. Okay.
[37:33]
Okay. So I think, I think that and,
[37:35]
and the, you know, number three
[37:36]
and number six probably we call 'em medium.
[37:41]
I would call 'em maybe medium high.
[37:43]
That's what I did. Medium different mediums.
[37:46]
And then the next one is add requirements
[37:50]
for travel trailers and temporary storage
[37:52]
to assist code enforcement. What is
[37:54]
That?
[37:55]
Oh, that was a request from our code enforcement officer.
[37:58]
I can work, there are
[38:03]
travel trailers that are staying for longer periods of time.
[38:07]
People are using them as almost ADUs on the property. I've
[38:11]
Seen them in Manchester.
[38:12]
And there are also temporary storage containers
[38:15]
that are becoming permanent storage containers.
[38:17]
But there's no, there's nothing in our ordinance
[38:20]
to help with enforcement
[38:22]
Now.
[38:23]
Hmm. Okay. I see a lot of these pods.
[38:26]
And that's what's saying there's actually one
[38:28]
off to route 28.
[38:29]
You go right past it all the time.
[38:32]
And it drives me crazy too.
[38:36]
But this was also, I think balancing between us
[38:40]
and the planning and also code enforcement.
[38:44]
And I know that, that he was pretty busy at the time
[38:46]
because there is a committee that's supposed
[38:49]
to be established to review all these different locations,
[38:54]
which may be distressed or, or have trailers. Because
[38:57]
I know they disbanded the,
[38:58]
they disbanded the property maintenance committee.
[39:01]
Right. Because they had a deal with a couple places
[39:03]
on the street parallel to my street.
[39:05]
And it took them three years to get them
[39:09]
to move that stuff out of there.
[39:11]
So I, I guess I'm a little,
[39:15]
it seems more like a permitting
[39:17]
and code compliance issue than a use issue.
[39:20]
'cause the zoning ordinance is really about uses.
[39:23]
I mean, I don't think we would be able to fix it
[39:25]
with dimensional requirements.
[39:26]
So what else would there be?
[39:29]
I know that, if I remember,
[39:31]
I'm gonna go back 20 years now in Auburn,
[39:33]
but if I remember in Auburn zoning ordinance,
[39:36]
we had provisions in there that said travel trailers could
[39:41]
be on, you know,
[39:42]
you could live in a travel trailer on a property
[39:45]
for X number of months and then you couldn't,
[39:48]
As long as they don't call it a shed.
[39:50]
YY yeah. If you call it a shed now, you're
[39:52]
No, no, like travel trailers, like RV's. Right.
[39:55]
But the owners are gonna say, no, that's not travel.
[39:57]
That's a shed. And then, yeah, so they had, there's
[40:01]
that provision and then there was also for temporary storage
[40:05]
or the, the pods I guess you wanna call them,
[40:09]
or like those freight containers. They those
[40:14]
Are everywhere now.
[40:15]
Yeah. They could be on the property
[40:17]
for like 150 days. They're kind
[40:19]
Just pre pre-manufactured structures. Yep,
[40:22]
Yep.
[40:23]
So they had to be removed
[40:24]
after, if they were, if they were on the property,
[40:27]
I think it was for 120 days,
[40:29]
you could do that without a permit.
[40:31]
But anything over 120 days, you needed a building permit
[40:34]
for it and it got taxed.
[40:35]
But wouldn't that be in the building code?
[40:37]
I mean, is that really in the
[40:38]
zoning ordinance, is what I'm asking?
[40:39]
It was in the zoning ordinance in Auburn.
[40:41]
Yeah. Is that the right place to have put it?
[40:45]
It's not really a use.
[40:47]
Yeah, I mean
[40:49]
Story, you're right. Yeah.
[40:50]
Going back 20 years. So, you know, but,
[40:52]
but this is something that Carrie had asked that we look at
[40:56]
and, you know, maybe we could point this back to Carrie
[41:00]
and she could come up with the draft language
[41:03]
and do the research on it to make sure that it, it's,
[41:06]
it's proper, it's constitutional and all of that.
[41:08]
Yeah. And that the zoning ordinance is the right place.
[41:10]
I I mean, if, if they want to make you take out a building
[41:13]
permit in order to buy a storage container, that's fine.
[41:17]
That, but that's, that's go, you know,
[41:19]
enforcement that's not use
[41:21]
Okay.
[41:22]
As to using an RV for a
[41:27]
permanent residence that's a little more gray,
[41:30]
I guess. Yeah, I've seen,
[41:32]
I've seen one of those in Manchester on Barwell Road
[41:35]
that trailer's the, the travel trailer's been there
[41:38]
for at least three years house.
[41:40]
And then the travel trailer's right on the side
[41:42]
and it's big, it sticks out like a sore thumb.
[41:45]
If I was a neighbor, I would not be happy
[41:50]
because then you got, then you got issues of septic
[41:53]
and all that other stuff, you know?
[41:55]
Yeah. But I mean, I don't wanna give people ideas,
[41:58]
but supposing you claim, Hey, this rv that's my A DU,
[42:04]
Who wants, if it has wheels, it's not an A DUI. Well
[42:08]
There's the whole thing about, you know, mobile homes
[42:10]
and manufactured housing and premium manufactured housing.
[42:12]
In, in the old days you say, well, your home has wheels.
[42:16]
It's a trailer. I think there's been some
[42:18]
revisions in the laws around that.
[42:19]
So
[42:21]
By the way, even if you ask
[42:22]
for an A DU, you have to have it approved.
[42:24]
Right. And then it comes
[42:25]
and we have to say it has to tie into septic.
[42:27]
You, you, you're going through those processes anyway,
[42:30]
side setbacks, all that other stuff.
[42:33]
That's how we have control of that.
[42:35]
Yes. Well, yeah. But those are,
[42:38]
those are not discretionary.
[42:39]
Those are, if you can hook up to the water, you can hook up
[42:43]
to the sewer, you can hook up to all the utilities you want,
[42:46]
then it's a use of, right.
[42:49]
It's not a matter of, oh, it's a use of right.
[42:51]
For 120 days and then it's gone. You see what I'm saying?
[42:56]
I'm just thinking we need
[42:57]
to tread carefully given the current legislative
[43:00]
environment, given the current laws
[43:03]
that have have changed recently,
[43:04]
that dairy doesn't get itself in trouble again. Correct.
[43:07]
Okay. All right.
[43:10]
I'll refer that back to the code enforcement officer.
[43:13]
Yeah. Let, Let her come back with something.
[43:14]
Okay. We'll do that
[43:20]
At a definition of town.
[43:21]
We can do that. I mean, that would probably take 30 seconds.
[43:24]
I think it's implicit because if it's in the town
[43:28]
of dairy zoning ordinance, dairy only has the authority
[43:33]
to invoke the town's permission for the town of Derry.
[43:37]
So I think it's, it's a, it's a gimme,
[43:39]
but I have no problem.
[43:40]
But when we talk about front on a town road are in,
[43:43]
and it's in our, our regulation, are we talking about
[43:47]
IES Road or are we talking about Steads Road
[43:50]
or Salems Road or Atkinson Road?
[43:51]
Oh, yes, yes. That really needs some clarification.
[43:55]
And I guess my question is, if there's access on a,
[44:00]
on know a class five maintained highway,
[44:04]
what do you care what town it's in?
[44:06]
Maybe we don't, I mean,
[44:08]
maybe we should actually look at Yeah.
[44:10]
If that's the driver, maybe we should figure out what the,
[44:13]
the valid public purpose is here, right?
[44:15]
Yeah, yeah, maybe. Yeah.
[44:16]
I, I think there needs to be some clarification on that
[44:19]
because there, there's staff believes when it says town,
[44:23]
it means town of Derry.
[44:25]
And then we're getting pushback from developers and attorney
[44:29]
and they're, and they're saying, no, it means any town,
[44:32]
But we don't have jurisdiction of any town
[44:35]
In, and this is this.
[44:36]
So we go circles with this discussion. Well,
[44:40]
This is only gonna be for, for parcels
[44:41]
that are near town boundary.
[44:45]
Right. For example, you have the house in Derry,
[44:49]
but the curb cut is in Windham, for example.
[44:52]
And we've had a few, Okay, well that, you know, if, if,
[44:55]
if the, the road is sufficient to meet all
[44:58]
of the public safety and all the other
[45:00]
reasons why we have ordinances that says that you have
[45:03]
to have a a, a driver
[45:06]
that emps into a Class five highway.
[45:09]
It's met no matter what town it's in.
[45:12]
So that sounds more like a turf wharf thing than a, a safety
[45:16]
and protection of the residents of, of the home.
[45:20]
And so I, I think we need to think about
[45:22]
what we're trying to regulate there.
[45:24]
Yeah. We had those issues when, when them did
[45:26]
that development, especially with the,
[45:28]
who was gonna do the snowplow
[45:30]
or the cul-de-sac, that one here
[45:32]
and half of us went over the other side.
[45:38]
Yeah. I mean I, I'm familiar with those things.
[45:42]
My, my folks used to own a, a farmhouse at the end of the,
[45:45]
a dirt road in, in, in Croydon.
[45:47]
But it was only accessible through Sope.
[45:50]
So Sope plowed the road.
[45:55]
And was that, was, was,
[45:56]
and they weren't obligated to, I don't know, of course
[45:59]
that was back, once you do that, you, you take a,
[46:01]
that was back when they had road agents.
[46:04]
Yes. So what, what
[46:06]
I understand where the, where the developers are coming
[46:09]
from, if they, they have a large parcel of land,
[46:12]
but it's landlocked in dairy,
[46:14]
but it can be accessed from a neighboring town.
[46:17]
But what that does then is it triggers the definition
[46:21]
of a jurisdiction.
[46:24]
So that town would have to be notified
[46:26]
and they'd have input as to anything that goes on there
[46:28]
besides the fact that it's on the town line.
[46:30]
Oh, absolutely. Or you know, yeah. Regional impact.
[46:35]
But I, I'm, I'm, I'm so,
[46:36]
So they are right.
[46:37]
I mean, just
[46:38]
because the road isn't in dairy, why
[46:42]
is it not viable?
[46:44]
That seems overly punitive. Yes.
[46:48]
So That's the sort
[46:49]
of thing I I think a court could say what,
[46:51]
Yeah, what are you talking about?
[46:52]
It's, it's a, it's a Class five maintained
[46:54]
road by a municipality.
[46:55]
Why can't, you know, why do they have to access
[46:59]
that land from your Class five road that
[47:01]
You local control?
[47:02]
That's what we're asking for clarification on. Yeah.
[47:03]
So that, it's very clear when you read the ordinance,
[47:07]
we are all on the same page right now.
[47:09]
We are not all on the same page.
[47:11]
We're not even in the same book in some instances.
[47:13]
So, I mean, is it, is it, I I don't really know
[47:15]
what the issue is and what would solve it.
[47:18]
Would it, would it solve the
[47:23]
problem in that particular case to have the requirement be
[47:28]
a Class five road as opposed to a town road?
[47:32]
We, we could, we can look at it and,
[47:34]
and look at the wording
[47:35]
and see if it, if it needs to say Town of Derry
[47:39]
or if it needs to say Class five road accepted
[47:44]
by any municipality or
[47:47]
Municipal.
[47:48]
Well it has to be accepted by somebody in order to be
[47:50]
Less by, right, right, right.
[47:51]
But, but just to make sure that we're,
[47:54]
we're clarifying it does not mean just dairy.
[47:56]
Yeah. It could be, let's,
[47:57]
Let's look at it again.
[47:59]
I agree with Mr. Chase that if,
[48:00]
if you have a landlocked parcel in dairy,
[48:03]
but it has good access for a subdivision road
[48:07]
through Windham and we denied the application
[48:12]
'cause it didn't have street access in our town,
[48:16]
I think the courts would slap us around Silly.
[48:19]
Yeah. I guess what I said, or was trying to say,
[48:23]
and I said it very poorly, is, is in that situation,
[48:29]
clarifying that the town means town
[48:32]
of Derry doesn't satisfy that.
[48:35]
Just, just saying, okay, it's the town of Derry.
[48:38]
How does that solve that issue?
[48:39]
It doesn't, I think we need to look at it
[48:42]
a little more in depth
[48:44]
and come up with language that, like you had suggested that
[48:49]
a class five road accepted by a municipality is sufficient.
[48:52]
I, I don't think on its face what we have here,
[48:55]
add definition to town is gonna solve that issue.
[48:58]
I think it, it has to be looked at from a
[48:59]
different perspective. Yeah.
[49:01]
Okay. And
[49:04]
unless there's some other context in which, you know,
[49:08]
town appears in the ordinance that doesn't relate
[49:11]
to this particular hypothetical we're talking about. Right,
[49:14]
Right.
[49:15]
Yeah. Okay, we'll look at it.
[49:21]
Next one is review the sign ordinance for banner signs
[49:24]
off-premise and permitting
[49:32]
Right.
[49:32]
Authority for the lease of off-premise signs.
[49:38]
Alright, so is it,
[49:39]
are you talking about like billboards on
[49:41]
the, on the highways? What are you talking about?
[49:43]
Off-premise sign. So for example, Walmart,
[49:46]
their large pylon sign is an off-premise sign.
[49:50]
It's not located on their property.
[49:51]
They have a land lease with Wolf Meow.
[49:54]
Okay. And there are, we have,
[50:00]
we there, there are multiple off-premise signs in
[50:05]
town, like the ones for the Journey Church
[50:08]
and Palestra, those are not located on the premise.
[50:12]
They're actually in the DOT right away.
[50:14]
But, so, you know, things like that.
[50:19]
So would most of these be part of a, a site plan approval
[50:25]
Where A conditional rule would be execute a lease,
[50:29]
you know, for this off-premise sign and it,
[50:31]
and it can be here, that sort
[50:33]
Of thing?
[50:34]
Occasionally, yes. But we do have some provisions
[50:35]
for off premise signs in the ordinance
[50:37]
that I think need to be amended
[50:40]
Where they kind of happen ad hoc a
[50:42]
Little. Yeah.
[50:43]
Okay. Mr. Chase.
[50:44]
So would this also be in relation
[50:49]
to off-premise signs that advertise
[50:51]
for other businesses that are
[50:53]
That too, That too.
[50:54]
The electronic signs that advertise
[50:56]
for a business that are is Yes.
[50:58]
On the other side of town. Yes.
[50:59]
So it's also part of that too. So there
[51:00]
Are, there are, or in, there are, so for example,
[51:05]
on Birch Street, our former,
[51:08]
your fellow council member had brought that
[51:11]
to our attention before Mr.
[51:12]
Healy on Birch Street.
[51:14]
There are multiple signs on commercial property
[51:17]
that don't advertise the business that's on that sign.
[51:20]
So, and I know that we, that we have
[51:24]
to be d billboards similar.
[51:25]
It is similar to a billboard That's a D Yeah. Yeah.
[51:28]
That's a billboard. That's
[51:29]
A Well, but, but what legally makes a billboard
[51:32]
not an off premise sign.
[51:34]
I think in our definition it might be the,
[51:36]
it might be the definition
[51:38]
If the billboard sign has nothing to do with the business
[51:41]
that's on the, on the property.
[51:42]
Yeah. I think that that's a billboard
[51:44]
Side.
[51:45]
Yeah. We would just, we'd just like a chance to look at
[51:47]
It.
[51:48]
I'm saying the one that we're talking about on Birt Street,
[51:50]
why is that not just a small billboard?
[51:53]
Well, le I, I think technically it probably
[51:55]
is, but, so this is
[51:56]
Where I think we get into legal.
[51:59]
Yep. Mr Chair. Yeah. Mr.
[52:02]
Connor, your statement that you just made
[52:03]
is absolutely correct.
[52:05]
When the Supreme Court ruled on signs,
[52:09]
it would brought us all out crazy on trying
[52:12]
to get proper audiences and so forth.
[52:15]
But it is really in depth.
[52:17]
So we have to make sure that whatever we do, we need
[52:20]
to follow the federal laws as written.
[52:23]
And when we were on that committee, I mean, we went
[52:27]
through a lot, a lot of work trying
[52:29]
to put everything in the right pocket.
[52:31]
And so things have changed over a period of time.
[52:34]
I just want to be, you know, be cautious
[52:35]
and arbitrarily saying, we're gonna put this up there
[52:38]
because we may maybe one of those little things
[52:41]
that they just say, you can't
[52:43]
Do that.
[52:44]
Yeah. 'cause I, I guess what
[52:45]
Like flags And I'm concerned that,
[52:46]
that people use the defense, Hey, you know, there's,
[52:50]
there's billboards on, on, you know,
[52:53]
bypass 28, 1 of 'em for, you know, my optometrist,
[52:58]
ophthalmologist, spin Associates.
[53:00]
Right? So that's a billboard company.
[53:02]
They rent it to them, they're in the, the, the business
[53:05]
of advertising and and they either own
[53:07]
or lease that, that land
[53:09]
or have an an easement or something.
[53:10]
Right. It's along the, its long the state
[53:11]
highway been there 40 years, years.
[53:14]
How is that fundamentally different than someone
[53:17]
who has a business, say on Bird Street that decides
[53:21]
to erect a mini billboard
[53:23]
and rent it out for advertising as an adjunct
[53:25]
to whatever their other business is?
[53:27]
I think we get into a mire if we try
[53:29]
to say, well that's a billboard.
[53:31]
And, and that's not because it's, it's kinda like
[53:34]
what the Supreme Court said about pornography.
[53:35]
Well I can't define it, but I know it when I see it.
[53:39]
Yeah, I know it.
[53:44]
If we could look at it, make sure we're not, you know,
[53:47]
if we do look at it, we're we're following the constitution.
[53:50]
'cause we can't, we can't comment on content
[53:55]
because that would be unconstitutional.
[53:58]
We could, we can comment on where it is permitted in
[54:02]
what type of sign it is.
[54:04]
And Liz, unless I can recall
[54:06]
NHMA published those books
[54:10]
and when that was one of the courses, you know, some
[54:12]
of us attended and it was quite in depth in that.
[54:15]
So yes. And it may have changed,
[54:17]
but the, the gist
[54:18]
of it may still be right there at the meat of it. Okay.
[54:22]
So we well you have it as long term
[54:25]
and I think it will take a long time to Yes.
[54:26]
To sort it through. So, yes. Yeah.
[54:28]
And well It took us a long time to get through that
[54:32]
Lot of workshop. I just discuss that with Carrie as well.
[54:34]
Number 10 was actually one that I suggested.
[54:37]
'cause we, we have a, a, a requirement in the LDCs for,
[54:42]
for subdivisions that we have Underground electric
[54:46]
and kind of carrying water for public service Eversource.
[54:51]
'cause there's really no public safety issue there.
[54:53]
It just makes things easier for them.
[54:55]
And I said, well if we're gonna worry about the public
[54:58]
safety of individual homeowners,
[55:00]
why don't we make 'em have turnarounds
[55:02]
where they're not backing out into traffic.
[55:04]
Now I think it would've been a good thing 20
[55:07]
or 30 years ago now that there's not much
[55:09]
development left to happen.
[55:11]
It's probably low priority
[55:13]
'cause you're not gonna affect many subdivisions.
[55:17]
But I, I always thought it was a good idea.
[55:23]
Anyone else think it's even worth talking about?
[55:28]
Well, ones
[55:30]
The way you have it now, the onus is
[55:32]
a driveway over so many feet.
[55:33]
They have to have one anyway.
[55:35]
Do they? Yeah. If it's over 150 feet, you do need
[55:40]
to provide an a turnaround
[55:42]
that can accommodate the fire apparatus.
[55:44]
Oh well that's for fire. I don't care about
[55:45]
the fire truck getting hit.
[55:47]
I care about the poor guy backing out into traffic at, at,
[55:49]
at commute hour getting hit.
[55:53]
Okay. Okay. Nevermind. Yes.
[55:57]
Okay.
[56:05]
Revamp the zoning ordinance
[56:06]
to make it easier to understand.
[56:08]
All the lawyers are gonna come out
[56:10]
and petition against that.
[56:13]
Wow.
[56:14]
That's a, that was a goal from the master plan.
[56:17]
Yeah. I You could leave it at the bottom of the list.
[56:20]
I, I, I, okay. I think that might take a year in of itself.
[56:23]
You know, just getting through blacks dictionary.
[56:26]
I tried once to kind of,
[56:29]
not re like keep the words the same
[56:31]
but you know, format it so it's a little different.
[56:34]
And maybe you just
[56:36]
add some things in like our quick reference
[56:38]
guides to make it easier.
[56:40]
So you've got your language
[56:41]
but then you've also got the page
[56:42]
with a quick reference cut. It's, it's a job.
[56:45]
Well I mean it, it's an ordinance, right? It it's a law.
[56:48]
It's without necessarily intentionally sliding
[56:53]
legislative services.
[56:54]
Have you seen any laws come outta concor? They easy to read
[56:57]
And they had done that.
[56:59]
Yeah.
[57:01]
So some of it is inherent in the beast. Yes.
[57:06]
I do think it is maybe exacerbated by the number
[57:10]
of times you need to go flipping to the definitions.
[57:13]
'cause the words aren't necessarily
[57:14]
what you might think they mean.
[57:15]
They have special meanings
[57:18]
and our level of Microsoft word, you know,
[57:21]
paragraph indentation
[57:23]
and numbering is a little,
[57:27]
in some cases obnoxious.
[57:29]
I think it could, could be. I think the
[57:30]
text could be flattened.
[57:32]
I don't know if that makes it easier to do.
[57:33]
Run it through AI would be all set. Hmm.
[57:36]
Run it through ai. Yeah.
[57:38]
I got a claw account. I can fix it.
[57:42]
Just throw our ordinance in chat
[57:44]
GPT and see what comes back. Yeah.
[57:46]
Alright. So that would be
[57:47]
A-A-A-A-A, not a low hanging fruit.
[57:51]
Okay. All
[57:57]
Next one.
[57:58]
12. Create language
[57:59]
for unscreened dumpsters in high visibility areas.
[58:01]
Yeah, this was my request. Okay.
[58:04]
So that, that's Like my turnaround thing.
[58:07]
Exactly. But I don't know I'm anyone else seen,
[58:12]
seen some of these examples.
[58:14]
Yeah, you could see it on Elm Street on a residential
[58:17]
property where the dumpster is like almost in the road.
[58:19]
You can drive into crowd. It just looks
[58:21]
like crap to be honest. So
[58:22]
Here's here's the thing.
[58:25]
Our, we, we can't do site review on,
[58:27]
on residential properties unless they're multifamily.
[58:32]
Which case they're really treated as commercial.
[58:36]
If, if a single
[58:37]
or duplex home has a dumpster sitting in the front yard,
[58:42]
I don't think we're allowed to
[58:43]
Regulate that.
[58:44]
I don't think we, I don't think I've seen
[58:45]
That. Not the planning board. I
[58:46]
Haven't seen any examples of that.
[58:47]
Oh, I've seen is is commercial If you, if you drive up
[58:50]
by the five guys Yes.
[58:53]
Behind there you got three, three dumpsters
[58:55]
and you got an oil grease container there.
[58:57]
Yep. So here it's like in plain
[58:58]
sight that should be screened.
[59:00]
Here's the thing. We get one bite of the apple to enforce
[59:03]
that when they come for approval.
[59:05]
I understand. I'm just saying as it comes in front of us,
[59:09]
we should be more cognizant of these businesses.
[59:12]
We do, I've not seen any plans
[59:14]
where there were notes about screening of the dumpsters.
[59:16]
It's probably all the ones that happened 20 years ago.
[59:19]
Well, I don't think there's anybody looking,
[59:20]
pulling out plans for five guys
[59:23]
to see if originally the plan came out and it was screened.
[59:26]
Well we're not doing that. I don't think. Building,
[59:29]
If you wanted to enforce
[59:30]
it, that's kind of what you'd have to do. Well
[59:31]
That's code enforcement.
[59:32]
But I, we're a town, I mean we're so big
[59:35]
and that's one of the reasons why I, you know,
[59:37]
I lobbied the, the council to get an extra person
[59:40]
for code enforcement, which they, they did.
[59:42]
Which is great. But you know, a town of 35,000,
[59:46]
you know, to get that stuff kind.
[59:48]
If you look at the LDCs for, for site plan review
[59:51]
for commercial, they, there probably is already language
[59:54]
about screening of dumpsters.
[59:55]
And so all the new ones have it, all the ones
[59:59]
that didn't have it.
[1:00:01]
'cause it wasn't in the language back then.
[1:00:03]
But how do we know is what my point is.
[1:00:06]
Well that's a, that's not the planning board's job, Brian.
[1:00:09]
That's cool. We don't actually have jurisdiction to go
[1:00:12]
and tell someone, Hey, you should screen your dumpster.
[1:00:16]
Well where does it say that in my plan approval?
[1:00:19]
Well it doesn't, but it should have.
[1:00:21]
Well, well, I mean I'm going, I'm a way back person.
[1:00:24]
I I remember when we had Victory Supermarket
[1:00:27]
back in the day on planning board, right?
[1:00:28]
Yeah. And we were doing, we were screening
[1:00:30]
those things back then.
[1:00:32]
I'm just saying people aren't following,
[1:00:35]
possibly not following plans.
[1:00:37]
Well, okay, if that, and if that's the case, then
[1:00:39]
don't we have, don't we have something to go away?
[1:00:41]
That would be a, so that would be a request to code enfor
[1:00:45]
because once it leaves us
[1:00:47]
and it's constructed, it is,
[1:00:49]
it falls under code enforcement.
[1:00:52]
So that would be a request to code enforcement
[1:00:55]
to review the site plan.
[1:00:57]
Yeah. Which planning obviously would help with to see if
[1:01:00]
that was something on the original site plan.
[1:01:02]
And then in those cases we go back
[1:01:04]
and we say, you need to do this.
[1:01:05]
Right. For example, trees that were taken down on a street
[1:01:09]
between Applebee's in the building, behind
[1:01:12]
that screening was put in intentionally the trees were cut
[1:01:15]
down, they need to go back.
[1:01:17]
Right. You know, so those types of things.
[1:01:18]
And I also recognize that that's a time consuming thing.
[1:01:21]
It is a very time consuming compliance.
[1:01:23]
Not, I mean that's not the town's focus right now
[1:01:25]
because we just don't have Yeah.
[1:01:27]
So that, I think the existing mechanisms to enforce that
[1:01:32]
where it's on the plan already exists.
[1:01:34]
It starts with code enforcement.
[1:01:36]
They go look at it, they look at the plan, they,
[1:01:38]
they send 'em a letter, send 'em a nice letter,
[1:01:41]
and then they get ignored
[1:01:42]
and then they send 'em a slightly less nice letter.
[1:01:45]
And about the third
[1:01:46]
or fourth letter, they actually get fairly intimidating.
[1:01:50]
However, number one, maybe having more staff will help them
[1:01:55]
get to Yes.
[1:01:57]
Quicker is
[1:01:58]
There a fiscal Penalty.
[1:02:00]
But the planning board actually does have
[1:02:01]
what I call the nuclear option.
[1:02:04]
If all else fails
[1:02:06]
and it's a substantial non-compliance, we have the authority
[1:02:10]
to hold a condition compliance hearing
[1:02:12]
and say you will comply with this
[1:02:15]
or we will revoke your site plan approval.
[1:02:18]
And the silly guy from,
[1:02:21]
was it NHMA said you can't do that.
[1:02:25]
And then I showed him, the statute says, oh yes we can.
[1:02:28]
Yeah. And I'm not, I'm not saying we should be the,
[1:02:30]
the dumpster police, but when there are areas
[1:02:33]
that are like really obvious that looks doesn't look good,
[1:02:38]
but what if there Yeah, we could pull a plan.
[1:02:40]
We, we could. So later this summer there'll be an option
[1:02:44]
for through the new permitting portal
[1:02:47]
to enter service requests like that once that goes live.
[1:02:51]
That would be, that would probably be a good one
[1:02:53]
to maybe test the, test our process, enter that in
[1:02:56]
as a service request
[1:02:57]
and then we can pull the site plan, we can go
[1:03:00]
through the process and, and look at that. Yeah.
[1:03:02]
'cause I'm, I'm pretty sure that we never approve plans
[1:03:07]
of what's currently there.
[1:03:08]
Yeah. I mean, come on. I mean the,
[1:03:10]
and I don't know who the
[1:03:12]
landlord is or the owner of the building.
[1:03:13]
It was a video show. You could,
[1:03:14]
you could screen that in easy.
[1:03:16]
So it doesn't look like,
[1:03:18]
I, I think I agree with you
[1:03:20]
and I think it's a, it starts out
[1:03:22]
as a code enforcement issue,
[1:03:25]
but I don't think we need to actually change the
[1:03:27]
ordinances or regulations.
[1:03:29]
'cause I think they already provide for it all.
[1:03:31]
You're probably right. And when people ignore the law,
[1:03:33]
writing our laws doesn't really help.
[1:03:36]
Right. But we should check it just to make sure
[1:03:38]
that going forward.
[1:03:40]
Yeah. But the planning board doesn't have that
[1:03:43]
Don We have the, we have the jurisdiction when there's a
[1:03:46]
new building, a new, a new
[1:03:47]
Building.
[1:03:48]
Sure. But we don't have the
[1:03:49]
jurisdiction to be the dumpster police. No.
[1:03:52]
I'll, I'll look at the Crystal Plaza.
[1:03:54]
I'm just looking, I mean, just the obvious stuff.
[1:03:57]
I'll, I'll look at it. Okay.
[1:04:04]
On that. Expand uses in general commercial two.
[1:04:13]
Yeah. I mean we have a lot of
[1:04:15]
use lists in our zoning ordinance
[1:04:17]
that are based on the old days.
[1:04:19]
We've cleaned up some of 'em,
[1:04:20]
but some of 'em are still very specific.
[1:04:24]
Yes. You know, descriptions of hat stores
[1:04:28]
and shoe stores and stuff.
[1:04:31]
So, yes. So this request came from Beth Donovan,
[1:04:34]
our economic development director,
[1:04:36]
who's actually online listening.
[1:04:38]
There has been, there's some properties in the GC two
[1:04:43]
district that are vacant or keep going on and off market.
[1:04:47]
And every time someone goes to
[1:04:52]
expresses interest in it, the things that they want
[1:04:55]
to do there are not permitted.
[1:04:56]
Because this is, we, when you guys originally set up
[1:05:00]
that zone, it was more medical, like, it was more medical
[1:05:04]
centric heading, even heading up the bypass up
[1:05:08]
to the cell tower.
[1:05:10]
So she's asking if we could take a look at the, you know,
[1:05:15]
look at that zone, how it is now,
[1:05:17]
take into consideration what's gonna happen like four a's
[1:05:20]
gonna do some, a little bit of work there.
[1:05:22]
Not a lot, but there'll be some work done there.
[1:05:24]
And look at opportunities to maybe expand economic
[1:05:28]
opportunity in that area.
[1:05:30]
So you said Bev's listening, which is great.
[1:05:32]
Maybe she needs to come in
[1:05:35]
and let us know, like what kind of inquiries, types
[1:05:37]
of business inquiries are asking about those things that
[1:05:40]
We can look at.
[1:05:41]
There's there, well, I, I can say that there,
[1:05:42]
there's been several to put,
[1:05:45]
like contractor Bay type uses
[1:05:48]
more commercial uses than medical uses.
[1:05:52]
But, but Bev has a better idea of, you know,
[1:05:54]
the inquiries that have come in for that.
[1:05:55]
Some warehouse. Warehouse with small retail in the front.
[1:06:00]
But those are things that are not permitted currently in
[1:06:03]
that zone or to the size that people would want.
[1:06:06]
So I, I assume that the people who are coming in
[1:06:10]
with these business proposals are not finding
[1:06:15]
lots available in the zones where those things are allowed.
[1:06:19]
Is that the problem?
[1:06:21]
Potentially, Yeah.
[1:06:23]
So it's like, oh, I can't find a lot for sale in industrial
[1:06:27]
district where I could do this.
[1:06:29]
But I can find a lot available in a commercial district
[1:06:31]
where we wanted it not to be industrial.
[1:06:35]
'cause you know, zoning is kind
[1:06:37]
of like the old blue plate dinner
[1:06:39]
where you had the little ridges
[1:06:40]
and you kept all your vegetables separate from your
[1:06:41]
meat, separate from your potatoes.
[1:06:42]
That's kind of what zoning was all, all about to begin with.
[1:06:46]
And I know that the, the new thing is,
[1:06:49]
is the form-based zoning's.
[1:06:51]
Like I don't care what you do, as long as it looks pretty.
[1:06:53]
I don't know that we're ready to go all the way there
[1:06:55]
yet. No, I don't, no,
[1:06:57]
Not yet.
[1:06:58]
So yeah, this is a challenge when you've segregated uses
[1:07:02]
in order to make people sort of happy with
[1:07:07]
folks are doing similar things in their neighborhood.
[1:07:10]
And then you get someone that's like, oh,
[1:07:12]
well I can't find a, an industrial lot
[1:07:14]
so I wanna plop my thing here.
[1:07:17]
We should look at it. Okay.
[1:07:19]
But just my opinion has always been, well the fact
[1:07:23]
that you can't find a lot
[1:07:24]
that allows it doesn't mean we should change
[1:07:26]
the zoning just for you.
[1:07:27]
No. Yeah. But it'd be nice to know people are looking
[1:07:32]
for certain things.
[1:07:34]
Well, I can, I can work with Bev
[1:07:36]
and we can come up with, you know, maybe a draft.
[1:07:41]
How many versions of GC do we have?
[1:07:44]
We have four. Yeah.
[1:07:45]
Alright, so it is probably a good time to just Yes.
[1:07:48]
That probably wandered and evolved over time.
[1:07:51]
It has, yeah. So maybe just a
[1:07:53]
whole look at all of them.
[1:07:55]
Okay.
[1:07:57]
JC two was the last one because of the gas stations.
[1:08:04]
Okay. And then, you know, maybe,
[1:08:08]
maybe if we get a big grant, we'll hire a, a,
[1:08:11]
a national consulting firm to rewrite our, our zoning and,
[1:08:14]
and you know, have them do it over two years.
[1:08:17]
Oh, we can look at that.
[1:08:22]
Okay. So is everyone kind of happy with what's on here?
[1:08:26]
There's nothing that seems outta sorts to anyone.
[1:08:32]
No. And then how do we propose to work on these?
[1:08:37]
Well, that's what, that was the responsibility
[1:08:40]
oversight section.
[1:08:42]
So some of 'em you might, we might want to again,
[1:08:46]
form small committees.
[1:08:47]
'cause I think expecting staff to, to work on all
[1:08:51]
of these is tough.
[1:08:53]
And the ones that impact uses
[1:08:56]
and might draw either bouquets
[1:09:00]
or brick, brick bats from abutters
[1:09:02]
probably should have more, you know, outreach.
[1:09:06]
Okay. So some of 'em, these are pretty technical.
[1:09:11]
So those are, those are simple.
[1:09:12]
But the ones that are more impactful to people,
[1:09:18]
I think, I think for the, the, you know, the four a thing,
[1:09:22]
the the committee thing worked.
[1:09:25]
It did, it worked well. And,
[1:09:26]
and there was a lot of moving parts there.
[1:09:29]
Right. And we had, you know, four
[1:09:31]
or five different civic profile kind
[1:09:35]
of things. So yeah.
[1:09:38]
Okay. We can do that. So I'll,
[1:09:40]
So at some point when we get ready to do this,
[1:09:44]
and if it's a big enough thing, I will probably solicit two
[1:09:47]
or three people to volunteer.
[1:09:51]
Okay. All right.
[1:09:52]
I will revise this and get it back to you guys for review.
[1:09:56]
We don't need to do an in-depth thing like this,
[1:09:57]
but if you see something that looks out of line,
[1:10:00]
let me know and I'll amend it.
[1:10:03]
Thank you. Okay. Thank you for indulging me in that.
[1:10:05]
I appreciate it.
[1:10:08]
All right. Now
[1:10:12]
that we've done all the administrative business, we have a
[1:10:16]
one or two, three public hearings to conduct. Do
[1:10:19]
We wanna do updates?
[1:10:21]
Oh yeah, updates. Okay. Just short.
[1:10:25]
So just a reminder,
[1:10:28]
I know we've gave you information about NI Kappa in October,
[1:10:31]
and I know we still have a lot of time to register,
[1:10:34]
but if we could take advantage of our training budget
[1:10:36]
before July, so let us know.
[1:10:38]
I know that Mr.
[1:10:40]
Pier has been signed up
[1:10:42]
and then I know that Randy had expressed interest in some,
[1:10:45]
so if anyone's interested in attending all three sessions
[1:10:49]
or just one day of ni Kappa, let Caroline or I know
[1:10:52]
and we can register you.
[1:10:55]
Just a reminder, our next meeting will be July 8th,
[1:10:58]
which is a little off schedule.
[1:10:59]
So just remember July 8th, not July 1st, the comments
[1:11:04]
for if you guys would like
[1:11:06]
to take a look at the information sent
[1:11:07]
by the town of Windham.
[1:11:08]
And if you have any comments on that, we need
[1:11:11]
to get those back to them before their next public hearing.
[1:11:14]
So, and I unfortunately don't recall the exact
[1:11:19]
date of their public hearing.
[1:11:20]
So sometime in the next couple of weeks,
[1:11:22]
if you could just get me any comments
[1:11:23]
or concerns that you would like to see addressed by the town
[1:11:26]
of Wyndham for that project, I can compile a memo
[1:11:29]
and get that to Mr.
[1:11:31]
Meow. And then in your packets,
[1:11:36]
I think you all have a copy of our little survey.
[1:11:42]
So Abby has actually been taking the lead on this
[1:11:45]
with Southern New Hampshire Planning Commission.
[1:11:48]
So I, and she
[1:11:50]
and Liliana from the commission,
[1:11:52]
were down at the farmer's market today.
[1:11:54]
And I'll just let her give you a quick re just explain
[1:11:57]
what this is and give a quick report out on the activities
[1:12:02]
today and the reception that we had for it.
[1:12:09]
All right. Yeah, so the survey
[1:12:14]
is basically, I'm trying to think of my little speech
[1:12:17]
that I gave a million times.
[1:12:19]
But basically the survey is for residents,
[1:12:24]
people working in dairy,
[1:12:26]
and then the surrounding communities too.
[1:12:29]
And the surveys basically like an area,
[1:12:34]
what it's proposed to look like and if you like it or not.
[1:12:37]
And you can give a little five star rating
[1:12:39]
or zero star rating or somewhere in between.
[1:12:42]
And basically the, it was working, yeah,
[1:12:46]
the Southern New Hampshire Planning Commission is going
[1:12:49]
to take all these survey results and combine 'em all
[1:12:53]
and see what people like, what people don't like.
[1:12:56]
And possibly they'll be implemented
[1:12:58]
and if they work out, then add it to their
[1:13:03]
like regional long-term plans for other communities.
[1:13:08]
And I got a, got like pretty good feedback
[1:13:12]
and like reception from it.
[1:13:14]
I don't know if they were just being nice to my face
[1:13:15]
and we'll throw out the paper right after they walk past me,
[1:13:21]
but I didn't see any on the ground, so that's good.
[1:13:25]
And a lot
[1:13:26]
of people actually seemed very interested in the topic
[1:13:29]
and I told them to tell their friends,
[1:13:30]
tell the fa tell their families, put it on their fridge.
[1:13:33]
So fingers crossed we'll get a good response.
[1:13:38]
Okay. Thank you. So please take the survey. Yeah.
[1:13:43]
So lemme just ask a quick question if you don't mind.
[1:13:46]
Does the survey have a component
[1:13:51]
of like a, an age bracket range?
[1:13:54]
Okay, good. Because yes,
[1:13:57]
I'm really interested in hearing the younger generation of
[1:14:00]
what they're, what they're looking for
[1:14:01]
because they're the ones that are getting kind
[1:14:03]
of squeezed out of the market, you know,
[1:14:05]
but I, I didn't know, but yeah. Yeah,
[1:14:07]
That's the question.
[1:14:08]
Well, yeah, that's one of the questions.
[1:14:09]
So we're gonna collect that type of demographic data,
[1:14:12]
you know, do you live work or other in dairy?
[1:14:16]
So we'll, we'll have that.
[1:14:18]
And then we're also capturing data.
[1:14:20]
Are you a homeowner or a renter?
[1:14:22]
Because I think that's important to know, you know,
[1:14:24]
where people are, where, where people are trending,
[1:14:27]
you know, do you, do you wanna go from a homeowner to rent?
[1:14:30]
Do you wanna go from rent to homeowner?
[1:14:32]
That would be good data to capture. Yeah.
[1:14:34]
So we,
[1:14:36]
there were three particular areas picked just in, not
[1:14:41]
because, and I wanna make this clear to everybody, not
[1:14:43]
because we're anticipating
[1:14:45]
that we're gonna do zoning changes
[1:14:47]
or anything in those areas.
[1:14:49]
It was more because the data that comes out of this needs
[1:14:53]
to be transferable to the other 13 communities within
[1:14:57]
the Southern New Hampshire Planning Commission region.
[1:14:59]
And so we picked our downtown, we picked Ryan's Hill
[1:15:03]
and we also picked heading up Chester,
[1:15:07]
like heading up towards Chester
[1:15:09]
because it's still more rural there.
[1:15:11]
And we wanted to capture some of like the rural aspects.
[1:15:14]
Like if you were going
[1:15:16]
to do like a tiny court development in a rural area,
[1:15:18]
what's that gonna look like?
[1:15:20]
Or what could it look like potentially?
[1:15:22]
And how do you feel about it when you see that
[1:15:24]
where you've used, you've been used to seeing fields like,
[1:15:27]
so how does that look?
[1:15:28]
So we would like to get that kind of data from people.
[1:15:31]
Yeah. I also, I'm also highly interested in
[1:15:36]
senior citizens that may, if there's like, you know,
[1:15:39]
the children are grown, they're out of the house.
[1:15:40]
They own a four bedroom home, but they're not moving
[1:15:44]
because there's not the type of home
[1:15:46]
that they wanna downsize to. Correct.
[1:15:49]
Abby had a conversation this afternoon with a couple
[1:15:52]
of people who are looking for affordable senior housing.
[1:15:55]
Yeah. And, you know, potentially looking at things like
[1:15:59]
cottage court or,
[1:16:00]
or tiny home developments
[1:16:02]
where things could be on one level,
[1:16:04]
but you still have that sense of community
[1:16:06]
because you don't wanna lose that. So.
[1:16:07]
Okay, good. So thank you.
[1:16:11]
Okay. Now public hearing.
[1:16:15]
Now public hearing. Alright.
[1:16:21]
So we have I think three public
[1:16:25]
hearings all related.
[1:16:29]
One is for changes to the zoning ordinance, you,
[1:16:33]
you word uses and definitions, one to the actual
[1:16:39]
body of the zoning ordinance with regard to
[1:16:42]
district provisions for the central business district.
[1:16:47]
And then another public hearing to discuss companion changes
[1:16:51]
to the land development control regulations
[1:16:54]
to specifically add some architectural design review
[1:16:59]
specific to those uses in the central business district.
[1:17:03]
Okay. So, Mr. Chairman, I'll make a motion
[1:17:05]
that we open public hearing for the first one.
[1:17:08]
Okay. We have a second mo moved by chair Charles second
[1:17:12]
by pier to open a public hearing on the
[1:17:16]
definitions amendments.
[1:17:19]
All those in favor say aye. Aye. Aye. Any opposed?
[1:17:23]
Say our public hearing is open. There's no one in the room.
[1:17:26]
So unless we have someone online,
[1:17:28]
Mr.
[1:17:29]
Chair, we're seeing none rise online.
[1:17:32]
Move to Close the public hearing.
[1:17:35]
Move by George Charles to close the public hearing.
[1:17:38]
Seconded by PE in favor, say aye. Aye. Aye.
[1:17:42]
The public hearing is closed now.
[1:17:48]
Are we disposing of them tonight as well?
[1:17:50]
So tonight the request would be
[1:17:53]
to accept the proposed changes
[1:17:55]
and move them forward to
[1:17:56]
town council for their public hearing. Hearing
[1:17:57]
A motion maker for that.
[1:17:58]
I move There is one on the, so at the bottom
[1:18:01]
of this motion staff report.
[1:18:02]
Yeah. There are suggested motions
[1:18:04]
because you should also do findings of fact.
[1:18:07]
Oh yeah. Where are we here?
[1:18:12]
So for the proposed changes in the central business
[1:18:16]
district, that first one on page?
[1:18:19]
Yeah. The second page of the staff report.
[1:18:22]
Okay. So Mr.
[1:18:24]
Chairman, I'll move to find the proposed changes.
[1:18:26]
Recognize the changing landscape of Southern New Hampshire
[1:18:29]
where increased housing density, height of buildings
[1:18:32]
and commercial market trends require some form of adaption
[1:18:36]
to create opportunities for economic growth
[1:18:38]
and development in the core area of the downtown.
[1:18:41]
While maintaining the historical character
[1:18:43]
of the central business district.
[1:18:45]
The changes recognize the smaller watt sizes
[1:18:48]
and land use patterns that have emerged in the district.
[1:18:52]
Is that the one for the definitions?
[1:18:55]
I'm Sorry, is that the motion
[1:18:56]
for the hearing on the definitions?
[1:18:58]
This is just the finding.
[1:18:59]
There should be a finding of that's, that's
[1:19:01]
The fact.
[1:19:02]
It covers all Of it. Okay. Yeah. So finding a fact.
[1:19:04]
And then the motion, which is
[1:19:06]
I just read the Finding of fact.
[1:19:07]
Okay. Okay.
[1:19:10]
So I, a motion by Ello, seconded by Palantir
[1:19:13]
to make findings of fact regarding the need
[1:19:16]
for these changes.
[1:19:19]
Any discussion Mr. Chase? Yes.
[1:19:24]
Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes. Mr.
[1:19:29]
Mazi? Yes. Mr. Ello? Yes. Palantir? Yes.
[1:19:32]
And the chair votes? Yes. And
[1:19:34]
Mr.
[1:19:35]
Chairman, I make a motion to accept the proposed changes
[1:19:38]
to the town of dairy zoning ordinance.
[1:19:40]
Article two word uses
[1:19:42]
and definitions sections 1 65 dash five definitions
[1:19:46]
to amend the definition of quote, front lot line
[1:19:51]
and parking facility.
[1:19:52]
And to add a definition for our multi-level parking facility
[1:19:57]
and to move these changes forward to town Council
[1:20:00]
for review and approval.
[1:20:01]
Second, moved by Ello, seconded by Pelletier to approve
[1:20:06]
the amendments as presented at this hearing
[1:20:10]
and forward it to the town council.
[1:20:12]
Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes.
[1:20:16]
Mr. O'Connor? Yes. Mr. Mousy? Yes. Mr. Yes. Mr. Pier? Yes.
[1:20:21]
Chair votes? Yes.
[1:20:22]
So the next one actually makes the changes
[1:20:26]
to the uses.
[1:20:29]
And, and maybe we could have just a,
[1:20:34]
is there an executive summary in the, in the staff report
[1:20:36]
that you could read for us?
[1:20:38]
Maybe the, the last paragraph, the move move
[1:20:43]
to accept the proposed changes?
[1:20:45]
No, no, no. Just, oh. Describe the changes a little bit more
[1:20:47]
than in this legal description.
[1:20:51]
Okay. What, what were, what were we doing and why?
[1:20:56]
So that would be the second
[1:20:57]
and third paragraphs of the staff report.
[1:21:00]
Okay. If you could someone wanna read that?
[1:21:02]
I don't care who Just for the public hearing.
[1:21:05]
You want me to read it? I can read
[1:21:06]
It.
[1:21:07]
So should we open the public hearing on this one first?
[1:21:09]
Yeah. Make a motion to open the public hearing. Second.
[1:21:11]
Alright, so we have a motion by Ello, seconded by Peir
[1:21:15]
to open the public hearing on the second set
[1:21:19]
of amendments in the zoning ordinance.
[1:21:21]
All those gonna say in favor say aye. Aye. Opposed say nay.
[1:21:25]
Public hearing is open.
[1:21:26]
So maybe someone would read those, that description so that
[1:21:30]
for the record,
[1:21:37]
I don't care. I
[1:21:38]
Shall, I shall so.
[1:21:40]
So the proposed changes, they include an amendment
[1:21:43]
to the purpose of the requirements, which you just did.
[1:21:46]
An increase in density for multi-unit mixed use
[1:21:49]
from 12 units per acre to 24.
[1:21:52]
A decrease in minimum unit size from 800 square feet to 400
[1:21:57]
removes the limit on the number of bedrooms required.
[1:21:59]
Removes restriction on
[1:22:01]
where the commercial space shall be located in a mixed use
[1:22:04]
building, while also defining the percentage
[1:22:06]
of commercial space that's required.
[1:22:08]
Adds medical office as a permitted use
[1:22:10]
and removes the prior term parking facilities
[1:22:13]
and replaces it with multi-level parking facility.
[1:22:16]
It also adds a requirement to connect to municipal sewer
[1:22:19]
for conversions and new developments.
[1:22:22]
There were also changes to enhance
[1:22:24]
and protect the street scape,
[1:22:26]
which included amending the maximum front yard depth
[1:22:29]
to vary in terms of the lot width.
[1:22:31]
So for lots that are 75 feet
[1:22:33]
or less, the front yard depth will be eight feet
[1:22:38]
or the average going in a hundred feet in every direction.
[1:22:41]
For lots that are 76 feet or wider.
[1:22:43]
Minimum yard depth is 25 feet
[1:22:45]
or the average of existing yard depths for 200 feet.
[1:22:49]
Structure height is increased from a maximum of 350 feet
[1:22:52]
to 425 feet above sea level.
[1:22:56]
The prohibit, the prohibited use section was amended
[1:22:59]
to delete the list of prohibited uses
[1:23:01]
because we're a permissive zoning ordinance.
[1:23:04]
So that means if the use isn't listed,
[1:23:05]
it's not permitted off street parking was clarified
[1:23:08]
to ensure that parking's not situated in a manner
[1:23:11]
that requires a vehicle to back out into a roadway
[1:23:14]
and to prohibit parking
[1:23:15]
or storage of vehicles in the front setback.
[1:23:18]
We also removed special exception uses.
[1:23:21]
Okay, so again, seeing no one in the audience,
[1:23:26]
is there anyone online who wishes
[1:23:27]
to comment on this amendment? Seeing none
[1:23:30]
Rise, move to close the public hearing.
[1:23:33]
So motion to close the public hearing
[1:23:35]
by chair shall second by peir.
[1:23:38]
All those in favor say aye. Aye. Aye. Any nay? Okay.
[1:23:42]
Public hearing is closed. So now let's have some
[1:23:45]
motion from the motion maker in the staff report.
[1:23:52]
Page two again the last paragraph. Yes.
[1:23:55]
Move to propo, I'm sorry.
[1:23:56]
Move to accept the proposed changes to the town
[1:23:59]
of DER zoning ordinance article was that four
[1:24:03]
Six, I'm sorry.
[1:24:04]
Article six, district provisions section 1 65 dash 33
[1:24:10]
Central Business District to amend subsection A purpose.
[1:24:14]
Subsection B permitted uses subsection C one
[1:24:19]
through six area
[1:24:20]
and dimensional requirements
[1:24:21]
to include minimal minimum allot area, front yard depth
[1:24:26]
and building height to amend SEC subsection F
[1:24:30]
prohibitive uses subsection G parking
[1:24:32]
and to delete subsection H special except uses.
[1:24:37]
And to move these changes forward to the town council
[1:24:39]
for their review and approval.
[1:24:42]
It has been moved by Ello, seconded by Callier
[1:24:45]
to approve the amendments as presented at this hearing.
[1:24:48]
And forward to the town Council for review and acceptance.
[1:24:52]
Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes.
[1:24:55]
Mr. O'Connor? Yes. Mr. Mousy? Yes. Mr. Chair. Cello. Yes.
[1:24:59]
Mr. Pier? Yes. Chair votes? Yes.
[1:25:02]
And then the last one is regarding the LDCR.
[1:25:06]
Basically to include some
[1:25:09]
specific guidance on architectural design
[1:25:10]
with regard to this section.
[1:25:12]
So can I have a motion to open public
[1:25:14]
Hearing?
[1:25:15]
Make a motion to open the public hearing
[1:25:16]
to discuss the proposed changes to the town
[1:25:18]
of dairy land development control regulations,
[1:25:20]
architectural design review regulations
[1:25:22]
to delete sections one 70 dash 84 A two C.
[1:25:26]
And to add subsection 1 70 86 dash
[1:25:31]
three design elements specific
[1:25:33]
to the central business district. Second,
[1:25:36]
Moved by church, seconded by Peir
[1:25:37]
to open the public hearing on the LDCR amendments.
[1:25:41]
All those in favor say aye. Aye. Aye. Opposed? Say nay.
[1:25:43]
Public hearing is open and no one in the room.
[1:25:46]
Anyone online? Seeing none, Mr. Chair? Okay. Motion
[1:25:49]
To close. Second
[1:25:50]
Motion by Churchill, seconded by app Palantier
[1:25:53]
to close the public hearing.
[1:25:54]
All those in favor say aye. Aye. Aye. Opposed? Nay.
[1:25:57]
Public hearing is closed. And
[1:25:59]
Mr.
[1:26:00]
Chairman, I have a finding of fact. Okay.
[1:26:02]
Move to find the proposed changes cor, correct
[1:26:05]
and oversight during creation
[1:26:07]
of the neighborhood commercial district in 2 20 25.
[1:26:11]
And the changes preserve the streetscape in the
[1:26:13]
central business district.
[1:26:15]
Second. Okay.
[1:26:17]
Motion to make findings of fact by Ello, second by pier.
[1:26:22]
Are we ready for a vote? Mr. Chase? Yes.
[1:26:26]
Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes. Mr. Mazi?
[1:26:30]
Yes. Mr. Ello? Yes. Pier? Yes. Chair votes? Yes.
[1:26:36]
Now, now move to approve the proposed changes to the town
[1:26:40]
of Dairy Land Development Control Regulations article.
[1:26:43]
What's the number? I'm not good at Roman numbers.
[1:26:46]
Oh, that is Article
[1:26:49]
1414.
[1:26:51]
Architectural design review regulations
[1:26:53]
to delete sections one 70 dash 84 A
[1:26:58]
two C.
[1:27:00]
And to add subsections.
[1:27:02]
One 70 dash 86.3 Design elements specific
[1:27:06]
to the central business district as presented this evening.
[1:27:09]
The changes become effective immediately.
[1:27:12]
So we have a motion by Mr. Church Cello
[1:27:14]
to approve the LDCR amendments seconded by App Pier
[1:27:19]
becomes effective this evening.
[1:27:22]
Do we want
[1:27:23]
to condition this in any way on the council actually
[1:27:25]
approving the zoning changes?
[1:27:33]
'cause otherwise this doesn't really make sense.
[1:27:34]
If, if that doesn't happen,
[1:27:38]
You could.
[1:27:39]
And then the changes would become, you would have
[1:27:42]
to amend the motion to say the changes would become
[1:27:44]
effective immediately.
[1:27:46]
Concurrent. Concurrent with the zoning changes. Yeah.
[1:27:50]
So move. Okay.
[1:27:52]
So we have a amendment to change the effectivity date
[1:27:56]
by Ello and seconded by Pier to make it concurrent
[1:27:59]
with the town council's effectivity date on the
[1:28:02]
underlying zoning changes.
[1:28:05]
Any discussion on that? Mr. Chase? Yes. Mr. Wood? Yes. Mr.
[1:28:10]
Menini? Yes. Mr. O'Connor? Yes. Mr. Mazi? Yes. Mr. Ello?
[1:28:14]
Yes. Mr. Pier? Yes. And the chair votes? Yes.
[1:28:17]
Now on the amended motion. Mr. Chase? Yes. Mr. Wood?
[1:28:22]
Yes. Mr. Menini? Yes. Mr. O'Connor? Yes. Mr. Mazi? Yes. Mr.
[1:28:27]
Ello? Yes. Pier? Yes. Chair votes? Yes.
[1:28:32]
I think that finishes our public hearing business. Yes.
[1:28:39]
Is there any board member comments?
[1:28:45]
Make a motion to adjourn. Second,
[1:28:47]
Move by chair.
[1:28:48]
Second by Palantir to adjourn. All those in favor say aye.
[1:28:51]
Aye. Aye. Stand adjourned. Thank you very much gentlemen.
[1:28:55]
Okay, I see you door and lady.