[0:02] Welcome to the Town of Dairy Planning Board meeting0 [0:04] for August 5th, 2026. [0:07] We start our meetings with the Pledge of Allegiance. [0:09] If you could rise and join me, that'd be appreciated. [0:14] I pledge Allegiance six of America [0:19] Republic Overstanding obligation under God indivisible, [0:24] with liberty and Justice for all. [0:32] I'll start with some housekeeping items. [0:34] The planning board voluntarily continues [0:36] to offer remote participation. [0:38] If any member of the planning board participates remotely, [0:41] votes shall be by roll call. [0:44] Any member of the public may attend this meeting remotely [0:47] by using a computer or smart device by visiting www zoom [0:52] us and entering the meeting ID [0:55] seven five four six six three nine one two [1:00] or by phone for audio only [1:02] by calling area code [1:03] 6 4 6 5 5 8 8 6 5 6. [1:08] Same meeting ID 7 5 4 6 6 3 9 1 2. [1:14] If you have technical difficulties getting in, [1:16] please call (603) 845-5585. [1:21] If you're on the phone and you wanna be recognized, [1:23] hit star nine to raise your hand [1:26] and once recognized, hit star six to unmute yourself. [1:31] If there's an emergency [1:32] and the alarm activates, please use the exit at the rear [1:36] of the, the hall when you came in. [1:39] Alternately, you may use an exit [1:41] to my right and to to your left. [1:43] Elevators are not active during alarm activation, [1:45] so if you need assistance, please wait for first responders. [1:50] At this point, I'll introduce all the staff [1:53] and members who are present tonight. [1:55] To my far right is Mr. [1:58] Appleton, one of our alternates. Good evening. [2:02] Good to see you again. Of [2:03] Course. It's been a [2:04] Little bit. [2:05] Yeah, it's been a little bit. Mr. Mie, good evening. [2:08] And our newest alternate, Mr. Young. Good evening. [2:10] Welcome guys. Our planning director, Ms. Robo. [2:14] Good evening, our planning intern. Ms. Burl. Good evening. [2:17] Our planning clerk, Ms. Wilson. [2:21] We are missing Mr. Chase, [2:23] but we don't have his alternate, [2:25] so we can't seat someone for him. [2:27] Regular member Mr. Wood. Evening, Mr. Minney. [2:32] Good evening, vice chair. Mr. O'Connor. Good evening. [2:36] My far left is Mr. [2:37] Aven, who makes all the remote video and teleconferencing [2:41] and, and magic stuff happen. [2:42] Thank you for that. Good evening member Mr. Fisherman. [2:45] Hello town Administrators representative Mr. Ello. [2:49] Good evening. We are missing Mr. Pier this evening. [2:54] So I would ask Mr. Appleton to sit in his absence please [2:58] and our secretary, Mr. [3:00] Maby. Hello, I'm Dave Nelson. I'm the chair. [3:07] Up. First on the agenda is matters of escrow. [3:10] We have a number of items tonight. [3:12] First is item 26 dash 24 18 Cemetery Road, [3:17] strategic Contracting. [3:19] Okay, so this is a cash escrow. [3:22] The parcel ID [3:24] and location is map five lot 69 18 Cemetery Road. [3:28] The request is to establish cash escrow in the amount [3:31] of $3,535 for the above noted project. [3:35] This escrow will be non-interest bearing [3:39] Mr. [3:40] Board's pleasure. Mr. Chair. [3:40] I still move. Second move by O'Connor, seconded [3:44] by Melanie to accept the escrow represented. [3:48] Mr. Wood? Yes. Mr. Veni? Yes. Mr. O'Connor? Yes. [3:53] Mr. Fishman? Yes. Mr. Chair Keller? Yes. Mr. Appleton? Yes. [3:56] Mr. Maby? Yes. Chair votes? Yes. [4:00] Next item is 26 dash 25 8 and a half. [4:04] Or excuse me, 80 and a half English Range Road. TJB homes. [4:10] Okay. The project name is Ball Farm Heights. [4:13] This is also Cash Escrow Map 18. Oh no, I'm sorry. [4:18] Map 11 lot 87 dash one. [4:20] The address of 80.5 English Range Road. [4:23] The request is to approve release number one in the amount [4:26] of $12,247 50 cents for the above noted project. [4:30] The amount to be retained is $5,750. [4:34] This account is also non-interest bearing. [4:37] And Mr. Chair, I still move on this [4:39] Action. [4:40] Second. Moved by O'Connor, seconded by Malam [4:42] to accept the escrow is presented. [4:45] Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes. Mr. [4:49] Fishman? Yes. Mr. Church? Yes. Mr. Appleton? Yes. Mr. [4:53] Ma alibi a Yes please. [4:58] And the chair votes? Yes. [5:04] Yeah. I'm trying to set a speed record telling. [5:05] Maybe this is not the good way to do it. Next item. [5:10] 26 dash 26 43 0.5. Crystal Avenue, Grindhouse Meat Company. [5:16] Okay, so this is a letter of credit [5:21] map 32 lot 25 dash three at 43 and a half. [5:24] Crystal Avenue three request is [5:26] to establish letter of credit. [5:28] 1 0 0 9 4 drawn on Kennebunk Bank in the amount [5:31] of $488,589 for the above noted project. [5:36] The expiration date will be July 27th of 28. [5:42] I so move Mr. Chair. Second. [5:44] Moved by O'Connor, seconded by Maby [5:45] to approve the escrow as presented. [5:48] Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes. Mr. [5:52] Fishman? Yes. Mr. Cella? Yes. Mr. Appleton? Yes. Mr. Maby? [5:56] Yes. Chair votes? Yes. Next item is [6:00] oddly enough, 26 dash 27 12 a [6:04] street EPSI. [6:06] Okay, this is for Engineered Pressure Systems [6:09] Incorporated, located on Map eight lot one [6:13] sub lots two dash three on 12 a street. [6:16] The request is to establish cash escrow in the amount [6:19] of $365,525 20 cents [6:23] for the above noted project. [6:25] This escrow will be non-interest bearing. [6:28] Mr. Chair. I so move. Second [6:30] Move by O'Connor, seconded by Melanie [6:32] to approve the escrow is presented. [6:34] Mr. Wood? Yes. Mr. Vinni? Yes. Mr. O'Connor? Yes. Mr. [6:39] Fisherman? Yes. Mr. Chairo? Yes. Mr. Appleton? Yes. Mr. [6:43] Maby? Yes. And the chair votes? Yes. [6:48] Then we move on to 26 dash 28 for 71 Burt Street, [6:53] dairy, plumbing and Heating. [6:54] Okay. This is for the new building. [6:57] This is also a letter [6:58] of credit Map 28 lot 2 71 Birch Street. [7:02] The request is to re approve a release of letter of credit. [7:06] 8 2 4 6 1 8 4 0 drawn on Haverhill Bank in the amount [7:11] of $93,581 25 cents for the above noted project. [7:16] The amount to retain is 3050 $3 and 25 cents. [7:21] Mr. Chair, I so move. Second. [7:23] Moved by O'Connor, seconded by Malam [7:25] to approve the release as presented. [7:28] Mr. Wood? Yes. Mr. Min? Yes. Mr. O'Connor? Yes. Mr. Fishman? [7:33] Yes. Mr. Ello? Yes. Mr. Appleton? Yes. Mr. Maby? Yes. [7:37] Chair votes Yes. Down [7:40] to 26 29 74 Rockingham Road, Keystone Dairy. Okay, [7:45] This is for the residences at Sky. [7:48] This is also a letter [7:49] of credit map five lot 39 74 Rockingham Road. [7:53] The request is to approve a release of letter of credit. [7:57] 4 8 7 5 9 dash one drawn on Enterprise Bank in the amount [8:01] of $463,914 [8:05] and 20 cents for the above noted project. [8:08] The account the amount to retain is $106,295 [8:13] and 36 cents. [8:14] And I so move Mr. Chair. [8:16] Second move by O'Connor, seconded by Melanie [8:20] to approve the release as presented. [8:22] Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes. Mr. [8:26] Fisherman? Yes. To chair cell? Yes. Mr. Appleton? Yes. Mr. [8:30] Maby? Yes. And chair votes? Yes. [8:36] And then I think last we have 26 30 84 Island Pond Road [8:40] on Belize Real Estate. [8:42] Okay. This is a cash escrow [8:45] for Map six Lot 1784 Island Pond Road. [8:49] The request is to re approve a release [8:51] of cash escrow in the amount [8:53] of $15,795 25 cents [8:57] for the above noted project. [8:58] The amount to retain is $18,837. [9:03] This account is also non-interest bearing. [9:06] Mr. Chair. I so move. [9:08] Second. Okay. [9:09] It is moved by O'Connor, seconded by Melanie [9:13] to approve the release as presented. [9:15] Just a quick question, Mr. Chair. Yes. [9:17] I'm just a little bit confused. [9:18] We're releasing 15,795, [9:21] but we're retaining 18,008. [9:23] Yep. Hold on. The retaining is more [9:25] than what we're releasing. [9:28] The original, the original amount was 34,000. Okay. 632. [9:33] Oh, you've seen that page too. [9:34] Gotcha. Okay. Thank you. Oh, [9:35] Thank you. [9:36] Yep. Okay. [9:39] Any other issues, questions? No. Mr. Wood? [9:44] Yes. Mr. Menini? Yes. Mr. O'Connor? Yes. Mr. Fishman? Yes. [9:48] Mr. Ello? Yes. Mr. Appleton? Yes. Mr. Maby? Yes. [9:52] Chair Lewis? Yes. Now we move [9:56] on to approval of minutes. [9:58] We have before in minutes of July 8th, 2026. [10:01] Has everyone had a chance to review them? [10:04] Are there any errors or omissions [10:08] Mr. [10:09] Chair seen? No. And rise [10:09] and I move to accept as written. Second, [10:12] Moved by oconnor, seconded by Malam to approve the minutes [10:16] of July 8th, 2026 as written. [10:19] Quick question, Mr. Chairman. Again. Sorry. [10:21] So on page two in the second box, there's a date change [10:27] in pen, in red pen. So, [10:32] So it'd be, oh, we We're appro [10:33] If we could do it as As amended. [10:35] As amended. Oh, okay. Yeah. [10:40] So did, did did we initially distribute them with the, the, [10:43] the third in there and then fix it for tonight? [10:46] Yes. Okay. Yes. [10:48] So then, then as it should be approved, [10:52] as amended. [10:53] Amended. Alright. Great. Thank [10:55] You Mr. [10:56] Chair. I'll accept a friendly amendment from Mr. [10:59] Ello to accept the [11:02] change from June oh three to correct it to June 17th, 2026. [11:07] Okay. Second. So moved. [11:10] Mr. Wood? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes. [11:15] Mr. Fishman? Yes. Mr. Chair Cello? Yes. Mr. Appleton? I will [11:19] Have seen 'cause I was not present. [11:21] Mr. Maby? Yes. And the chair votes? Yes. [11:27] Next on the agenda is correspondence. [11:29] So I got a few things for you tonight, Mr. Chair. [11:32] The first is a notice [11:33] of land use board fees under RSA [11:36] 6 73 16 Roman three. [11:40] That's as of July 21st. [11:41] This year it's the abut notification. [11:45] It is now the current certified fee, [11:47] which is 6 33 plus $3 per notice. [11:51] It's just letting us know that the postage is increased [11:53] by 29 cents per certified letter. [11:55] So make sure you pitch your pennies. [11:58] Is that something that we need to act on to [12:01] revise our schedule at some point? [12:04] I will take a look in the, [12:06] I think the only place we may actually, no, we say [12:11] current certified return receipt [12:13] or current certified fee plus the $3. [12:16] So, [12:19] Alright. [12:21] And then the other item is a, it's a letter [12:23] that was received on July 10th from Jacob LaFontaine, [12:26] who's the planning director for the town of Salem. [12:29] Just letting us know that there's gonna be a, [12:32] an agenda item on the August 11th meeting at 7:00 PM Salem [12:36] Town Hall to let us know there's been an update [12:39] to master plan update 3.0 to the West Village. [12:44] So that's obviously been a, been a big thing [12:46] with, with Tuscan Village. [12:47] So if you have any questions, any, any interest in that one? [12:50] It's gonna be on the 11th. [12:54] Okay, great. Thank you. [12:57] Now we move on to other business. [13:00] First item is Architectural Design Review [13:03] for a sign in the West Running Brook. [13:06] District Parcel ID [13:07] 0 5 0 1 2 0 0 1 0 1 94 [13:14] Rockingham Road, dead Proof Pizza Company. [13:19] All right. The town [13:20] of dairy zoning ordinance section 1 65 dash [13:25] oh one 12 a 14 requires [13:28] that all new signs proposed in the West Running Brook [13:32] District be reviewed by the planning board prior [13:34] to the issuance of a sign permit. [13:36] The architectural design of the sign should be compatible [13:39] with the building and their surroundings. [13:41] Be informative, legible, [13:42] and provide examples of quality graphics appropriate [13:45] to the spirit of the district. [13:47] The applicant is requesting two signs [13:49] to be internally illuminated. [13:51] Signs in this district cannot be internally illuminated [13:54] without approval, and no sign may contain neon [13:57] argon or krypton. [13:58] Therefore, the planning board must approve the internal [14:01] illumination of these signs. [14:04] Dead Proof Pizza Co is operating at 94 Rockingham Road, [14:07] the former Clam Haven location. [14:10] A sample of the proposed signs are attached as well [14:12] as a rendering of proposed future changes to the facade [14:15] of the existing structure [14:16] to include not under review at this time. [14:19] In addition to the building, [14:21] the rendering shows a future addition to the building, [14:23] which is not under review at this time. [14:25] It is being presented to the board, preemptive [14:27] to any official submittal for site plan amendment. [14:30] Part of the facade has artwork along [14:32] the bottom half of the building. [14:33] The board should discuss this as a part of the sign package. [14:36] Our code enforcement officer deems this piece a sign. [14:40] So take that into consideration when discussing. [14:43] The West Running Brook district was designed [14:45] to retain the unique character of [14:48] that differs from the other commercial districts, [14:51] given its proximity to the West Running Brook [14:53] and reviewing plans under these regulations. [14:55] The planning board shall take into account the level [14:57] of expected compliance based on the zoning [15:00] district in which the development is to occur [15:03] as defined in Section one 70 dash 84. [15:07] The nature of the surrounding uses style [15:09] of the surrounding buildings [15:10] and special features of historic cultural [15:13] or community interests in the vicinity of the development. [15:16] A very high level of compliance with regulations is required [15:18] for the West Running Brook. [15:21] Additionally, the LDCR section one 70 dash 84 A one B [15:26] states applicant's must comply with a very high compliance [15:29] with architectural design regulations when it comes [15:32] to non-residential structures. [15:38] Per the general requirements [15:39] of the West Running Brook Broad expands, broad expands [15:44] of blank walls are inappropriate. [15:46] Traditionally, the parts of a facade that may be embellished [15:49] or at least articulated in some fashion include the [15:52] horizontal base where the building meets the ground [15:55] and the areas around the windows depth shall be created [15:58] for the facade through the use of projecting [16:01] or resending sections, bay windows or arcades and porches. [16:06] Subtle colors are appropriate on larger plain buildings, [16:09] whereas smaller buildings [16:10] with more detail can be more effectively in [16:13] incorporate brighter colors. [16:15] Bright colors should be limited to accent areas, [16:19] high intensity colors, metallic colors [16:21] or fluorescent colors should not be used. [16:23] Buildings on the on corner lots shall be significant [16:26] or shall be considered significant structures given [16:29] that they have at least two front facing, visibly exposed, [16:33] front facing, two front facades visibly, visibly exposed [16:37] to the street buildings [16:39] with more than one facade facing a public street [16:41] or internal open space shall be architecturally designed [16:45] to be consistent regarding style, materials, color [16:48] and details on all sides facing the street. [16:51] Bland walls are a service area, treatment of sides and [16:54] or rear elevations visible from the public view [16:57] shed is discouraged. [16:59] Our recommendation to the board is [17:01] to approve the proposed signage. [17:04] The board should review the structure rendering [17:07] to determine if the proposed sign change meets the [17:10] requirements of the district. [17:11] The owner, Dante, is here [17:12] to answer any questions you may [17:13] have to the proposed signage. [17:16] Okay. So this is a little unusual [17:20] because we have just a sign, actually there's a [17:24] billboard sign on top of a the roof [17:26] and then there's the pillar sign, correct. [17:28] In the parking lot. So there's two what we typically think [17:31] of as signs, [17:34] but we also have a rendering of [17:39] something for future consideration. [17:41] If I understand the application correct, that shows [17:47] changes to the, the, the actual structure itself. [17:50] Some structural things such as an extension of a, [17:57] a lean to kind of porch thing, creating a bar area [18:01] and extensive decoration of the front. [18:07] And does it also include the side or is it just one side? [18:10] My understanding is no, not at this time. [18:12] So the initial for the facade change, [18:16] my understanding is Dante had indicated to me that he wanted [18:20] to paint the building black. [18:22] And so I said that that does require review. [18:26] Dante can explain a little bit more. [18:27] You know, the, the more in depth the potential changes he [18:31] under is, he understands that any additions [18:34] to the building would require site plan review. [18:37] But this was more of a, if he were going to add to it, [18:40] like maybe we wanna get feedback on [18:41] what the building's going to look like [18:44] and then, you know, if he does paint it black then you know, [18:48] this piece should be under review [18:50] if that's going to be added. [18:51] But I'll let Dante can explain that a little bit [18:54] Further. [18:55] Run down what you're planning to do for us. Please. [18:57] Yeah, good evening everybody. How are you following up? [19:00] So first and foremost, thank you for your time. [19:03] I appreciate it. This is the first time I've ever been a [19:05] part of a planning board meeting, so [19:08] forgive me if I'm a little behind on things. [19:09] But really the, the goal first [19:12] and foremost is we all know, you know, [19:15] clam haven to be this destination. [19:16] And I love, I grew up in Derry, I still live here [19:19] and I respect the land in the building so much that, [19:23] you know, when Lisa was so great, Gracely [19:25] allowed me to come into the space. [19:28] I wanted to, you know, treat it as a destination [19:31] that I know it, it could be, [19:32] and drive the potential of that. [19:35] I've been very fortunate over these past few years [19:37] to have a really good following [19:38] that has followed me from being in a tent all the way [19:42] to being in this building. [19:43] Now in dairy, we were just featured on Food Network, [19:46] which was really awesome to, you know, really awesome [19:48] to represent dairy and the following [19:50] and just continuing to get bigger and bigger. [19:52] And the reason because of that, [19:53] our branding is really strong [19:54] and I wanted to reflect [19:56] that in the building due to all that. [19:59] Really the sign was the biggest thing. [20:01] I have people coming up to me every single day thinking clam [20:04] haven's still open, which is, you know, [20:06] which I wish I could say yes and, and help them out. [20:08] But, you know, for as mu as strong [20:11] as we are on the internet, there's obviously some folks in [20:13] the town that don't use it. [20:15] So they come by looking for the clamp plate [20:17] and the hot dog deal and they're just not gonna find it. [20:20] So, you know, [20:21] turning them away has become a daily occurrence. [20:23] So having this sign is just gonna go a long [20:25] way into our branding. [20:27] And as far as the color of the building, [20:30] I know black sounds a little aggressive, [20:31] but when it comes to our brand, it's really just [20:34] to accentuate the color, the color of it. [20:37] So, you know, we're a very big art driven brand. [20:40] We love supporting community artists [20:42] and we love having, like when I was in Manchester [20:45] for example, I had a lot of people come in [20:46] that actually had their art in my building either to sell [20:50] or just they wanted it displayed in a place that, you know, [20:54] liked where they would get eyes on it and [20:56] and have a place to express themselves. [20:58] So that's kind of where the the black comes from in terms [21:01] of having something to be there if we were to go [21:05] with this course and putting something on the building. [21:07] But I'm not there yet. You know, [21:09] for me it's really just the sign [21:11] and the color of the building that I would really love [21:14] to just, you know, see if we can get going. [21:16] So if I could step in, I'm Lisa Desisto. Thank you. [21:19] I I own the property. I still own 94 Rockingham Road. [21:23] I'm leasing it out to Dante's Dante's vision [21:26] that he submitted today is more aggressive that he's, [21:31] he's not prepared to do yet. [21:34] He's here today for a signed permit [21:37] and should not have submitted the whole plan yet [21:39] 'cause we haven't gotten that file yet. [21:42] So he's looking for a signed permit, [21:45] but he took it to the next step to give everybody [21:48] what his vision is. [21:50] So right now he's just here [21:53] to get the debt proof sign stage one, [21:57] and then he's gonna have to come back to the planning ward [22:00] to get this more aggressive design [22:04] because that's not gonna fit within [22:06] the West Springbrook, right? [22:08] No, and, and talk. [22:09] It's not gonna be, I'm just telling you [22:11] it's not gonna get approved. [22:13] Okay. But, but, but you're gonna have to come back [22:18] and go through what the criteria is [22:21] and then put your vision with that. [22:23] Yeah, no, I understand. All right. [22:24] Yeah, but he's asking that, [22:28] what are we looking at the whole design [22:30] or the sign he needs the sign. [22:32] So maybe, maybe we should separate this into two things. [22:35] The actual explicit signage, [22:40] which is the [22:41] Page one. The, [22:42] The, the, the billboard on the top of the roof [22:45] and the two sides of, of the, the pylon sign. [22:50] And then we could consider this futuristic, [22:54] maybe will happen, maybe won't rendering as, you know, [23:00] one of those conceptual consultation things. [23:02] And we could give some, you know, [23:03] non-binding feedback on it. [23:05] But maybe we ought to just act on [23:07] what they actually need immediately, [23:08] which is the, the sign Right. [23:10] Approval. That sound like a good way to go to everyone. [23:13] Any comments from the board on that? I, [23:15] On what, how to proceed it? [23:17] Yeah, I mean, he's here for the sign. That's what it's for. [23:21] I personally, I'm, I'm just looking at the rendering. [23:23] This is probably just an AI thing [23:24] that he's probably No, that's how it was. [23:27] Yeah, you actually had, I wasn't, I like it and thank you. [23:31] I mean, I like the look myself. [23:34] I like the fact that you added that extension. Yeah. Right. [23:37] So you can have pe people in there. [23:38] We know we need more younger entrepreneurs to step up [23:41] and do this kind of stuff, so. [23:43] Right. I give you a lot of credit to do that. [23:45] I know that we're not here for that. Thank you [23:47] Brian. [23:48] I I'm just gonna say, don't give up your dream. Go for it. [23:51] Even if, if it doesn't work, then you change [23:54] If your landlord doesn't want it. [23:55] No, I'm just saying I, I want it, [23:58] I want it. I believe I'll [23:59] Be back to respectfully counter. [24:01] He knows that put in that I'm like, [24:04] is one worse than his mother? [24:06] Oh, okay. IIII support his dream [24:09] and I believe in everything that you said. [24:10] Yeah. But I don't, I don't want the process [24:13] for him to get his sign. [24:15] I get it to be convoluted with his bigger [24:17] Goal. [24:18] Yeah. You're just being very protective. Which is, which is [24:20] Great because I've been wanting him [24:21] to get the signed approval for [24:24] Months. [24:25] Yeah, yeah. Good. Get, just get him straight in the line. [24:26] So we'll do the sign, like we said, I I like it. [24:31] It's, you know, it's a, it's a younger vibe and, [24:34] And it's much needed in the community. [24:36] Yeah. And he brings in a much different clientele and [24:40] Yeah. [24:41] And I do know his mom too. Yeah, [24:43] My mom did both. [24:45] But anyway, that's, that's my 2 cents. [24:47] I mean, I know we hit from the side, so [24:49] Also comments, questions, Ms. Robin? [24:51] I, I do have one question. [24:54] The, the wall art side, did you want to [24:57] paint the facade black at this time [25:00] or sometime in the next few months? Would've [25:02] Nothing like the, the siding and everything? Yeah. [25:05] Yes. Did you wanna, you want to paint the building black? [25:07] Yes ma'am. Sometime in the next few months. Yes ma'am. Okay. [25:10] So maybe leave the artwork aside at this point. [25:14] Maybe come back when you do site plan review [25:17] for any future additions for that piece. [25:19] But I think that, so that he doesn't have to come back again [25:24] when he wants to paint it. [25:26] So we, if we're, we're segregating the, [25:28] If deto allows him to [25:29] The base coat color of, [25:31] of the building from all the fancy artwork [25:33] on it. Is that what you suggested? [25:34] Yes. Okay. Yeah, That seems [25:36] reasonable Question for me. [25:40] I, it, I can't tell from this rendering. [25:42] Is, is the sign illuminated? [25:45] Does it have lead on your neon? Yeah, [25:48] No letter neon. [25:50] It's all, it's all LED. So it's halo litt, LEDs. [25:55] Yeah, I mean our, our regs say no LEDI mean it's no neon, [25:58] but I wonder if they were just written [26:00] before LEDs were a thing. Yes, [26:02] I think we were when we That's a good point. [26:03] Wrote those regulations. [26:04] It was more that like that gaseous type [26:07] because of, you know, that type of lighting where this is ED [26:11] and it's just the color looks neon ish [26:14] but it's not ne it's not the neon gas. They're [26:18] Not on that one. They, [26:18] Right. [26:19] But your question on that there tying in, doesn't [26:22] that still gonna be internally lit this right now [26:25] and that's gonna be an issue? 'cause [26:26] It would, it would be he's proposing internally lit in [26:30] the board would have to specifically, [26:33] no one can have internally lit signs in the Westbrook [26:37] district unless the board says they can. [26:39] So that's why's dispute motion. Okay. [26:45] Yeah, I mean in terms of the, [26:50] the black, I mean it's obviously different from everything [26:53] else and it will definitely be in and in [26:58] and of itself, I don't know, screaming for attention. [27:02] I guess. I don't know [27:04] how well black will look without all the other [27:07] fancy artwork on it. [27:08] You may have second thoughts about that, [27:10] but I don't necessarily think that black is completely, [27:15] we do have some, you know, [27:16] darker navy blue buildings in in, in these kind of areas. [27:19] We do, I dunno, what, what do the board members think about [27:21] the, the base code of, of black? [27:25] Well, one of the questions I want to tie into that there [27:29] is that to confirm we are on the edge [27:32] of WRBA district [27:35] and if we are then we're supposed to be creating [27:39] a village style image. [27:41] And I don't know if all solid blackwoods is [27:43] a village style image. [27:45] And I'm just bringing this up just to play devil's advocate [27:48] because based on our rules [27:49] and regulations, if we have certain requirements we need [27:52] to bring those out forward and then know [27:54] where the board can change later on, we'll [27:58] Remove it. [27:59] Well, yeah, I mean if, [27:59] if we have explicit requirements in the language [28:02] and they don't fit, we need to, you know, [28:04] consider having specific waivers for each of them just so [28:06] that we don't gloss over it. [28:08] Right. So that's a good point. Yep. [28:10] Yep. I don't think we specifically state [28:12] specific colors in the west running Brook district. [28:15] So No, we just say colors that kind of blend in [28:20] with the surrounding buildings [28:21] and don't, you know, reach out and grab you by the ankle. [28:24] Right. And, and across the street tree line has [28:27] there darker green. [28:29] Yep. Does anyone else has thoughts on [28:33] the, the base caller? [28:36] I mean, a quick thought I had was, you know, he, [28:40] he mentioned that people often come [28:43] because Clan Haven's been there forever. [28:46] I mean, if he did paint it black, it's completely, [28:49] you're not, you're not gonna confuse it. [28:51] It's like, like a new, it's like a new, [28:54] It Needs a new identity [28:55] Change. [28:56] Yeah. So, so that [28:58] to me does it, do you know what I'm saying? [29:01] And, and I don't know. [29:04] I'm, I'm not necessarily opposed to it. [29:07] I'm just thinking the rolling stones painted black. [29:11] There you go. Okay. Other questions or comments? [29:15] So we we're, we're talking about the, the signs I've shown [29:18] and then painting the, the structure black. [29:22] I, I don't think I have a problem with the black. [29:25] I don't think need time to process that part, [29:28] but just maybe expanding a little bit more. [29:31] What was his name? Andrew? I'm sorry? Dante ante. Dante. [29:34] Yes sir. So Dante, if, if you were to get it black [29:37] and if you were able to get the good pizza no proof [29:40] and all the purple and that, that neon pinkish color [29:45] that's not gonna have like a black Luminate light on it [29:48] that makes that pop back out again, will it? [29:51] No, that's gonna be, so [29:52] It would only be visible at, [29:53] during the daytime it would pop. So I would [29:55] Have like some ground lights like underneath [29:57] that would essentially like, it, it would light up the, [30:01] the foundation of the art, [30:03] but it wouldn't necessarily be like [30:05] a lit piece of art. Does that make sense? [30:07] Kind of. I just, I guess I would just be worried [30:09] of if it would be putting like a blue light to make [30:11] that pink come back out [30:13] onto the, you know what I mean, back, [30:15] I'm sorry. [30:16] It would definitely be more visible during the day. [30:17] But you know, we're, we're, [30:18] we're closing at sunset anyway or anything like that. [30:21] Okay. So I'm not personally too worried about the arc [30:24] getting lost and that's even if it, you know, [30:26] when we get to that stage for [30:27] Sure. [30:28] Right. And and I, I could just say we're putting the [30:29] carriage, the horse before the carriage. [30:31] Carriage before the horse. I think that's the one. [30:32] Something like that. [30:33] That was that that was it. Yeah. [30:34] A hundred percent the black, I don't know, [30:36] I guess I need time to process the [30:38] Black. Yeah, the [30:39] You're probably gonna have about like three minutes. [30:43] Well, and I'm probably gonna lose, so I guess [30:45] So process quick. Yeah. [30:47] I'm gonna lose anyway. So I, [30:48] I guess could I just, could I add one thing? [30:50] One thing that the drawing doesn't include is the [30:55] exterior lighting that's already on the building [30:57] that you don't see in the black. [30:59] So under that overhang there's exterior lights. [31:05] I don't think it's gonna be looking so black [31:08] 'cause No, honestly this rendering, [31:10] I believe I understand what you're saying. [31:11] Like that's a big corner at night. [31:13] It's a black fricking building. [31:14] Like what the hell is he thinking? I don't know. [31:16] I'm 60, what do I know? [31:18] But as far as Yeah, what I understand what John is saying [31:22] about maintaining the WRB character, [31:26] but I think Clem Haven, it's in a, it's separated [31:30] and it has its own little unique corner. [31:34] So whatever the rendition is going to be, there's a lot more [31:39] lighting in here. [31:41] And Elizabeth, I just wanna make sure [31:43] that we are clear the interior lighting of those signs, [31:46] there are interior lights in those signs. [31:49] So that's okay. Right. Well the board would need to decide [31:52] That we usual waiver. [31:53] 'cause the, the regs say no [31:55] Think she means, but they've been there for 60 years. [32:00] Clam Haven existed before the [32:01] architectural design was Right. So it was grandfathered. [32:03] Right. So those lights do have interior lights [32:06] and I just wanna make sure everyone is aware that they are, [32:09] they are integrating, but [32:11] They're not LEDI [32:13] Don't know, I don't think I flip a [32:14] switch and the light goes on. [32:16] But lights inside, inside the sign, [32:19] According to the documents we've got, it does declare [32:22] what color the LED lights are. [32:24] It's on one of the back pages. [32:26] I mean it appears to me that the outline of of the, [32:30] the major sign it, it's triangle and the pizza company [32:34] and the triangle is in the building. [32:35] They appear to be luminant. Yeah. [32:38] At least in this ring. Ring, [32:39] Right? [32:40] They're mag Yeah, they're like a magenta light up LED [32:42] whereas the, the letters of dead proof minus the triangle [32:46] that stands in for the A is white. [32:49] Yeah, but they're, they're, it's not just flat paint. [32:51] There's actually some electrical light. Right? Correct. [32:54] That's a right. Yep. I would interpret the [32:57] previous language about neon argon, et cetera to include [33:01] LED technology, which probably just haven't [33:03] updated the It's possible. [33:04] Yeah. The tech. So okay. [33:06] We would probably need to waive that section as well. Okay. [33:08] In order to achieve this. Yeah. [33:10] And there are night views included with your renderings. [33:14] So they have, they show like a night view Yeah. [33:17] Of what the signs will look like. [33:19] Alright. Mr. Mr. O'Connor, [33:22] I have one more that's needs to be probably waived on it. [33:26] According to the 1 65 1 0 1 12 [33:31] that no roof signs shall be permitted in the [33:34] West Running Brook area. [33:36] And with the new purchase of this here, it's, [33:38] it doesn't grandfather it, I don't believe, [33:41] But he didn't, he's not purchasing it. [33:44] Hmm. We are not changing ownership. [33:46] The ownership isn't changing. [33:48] No, I understood that. It, it's changed from Metso. [33:51] Well, so here, here's the thing, John, if I, [33:55] if I can interpret the photos [34:00] on this page correctly, the [34:04] proposed replacement sign is a little bit taller, [34:09] but much shorter than the existing Clam Haven sign, [34:12] which includes the ice cream, [34:13] Coca-Cola logos and the ice cream. [34:15] So I believe that as in, you know, an ongoing business, [34:18] they are allowed to replace the sign in kind [34:21] with a different design that fits the same footprint. [34:24] They are. So I, I think, I think we're okay on that one. [34:28] And I think it fits that roof line. [34:30] It, the roof line shows a much better with the new sign [34:33] of the single panel versus the, like you had mentioned, [34:36] the clam haven with the two cokes and the ice cream. [34:38] That's, it spans the whole roof. [34:41] Now you're looking at just that one panel sign [34:43] and you can see the, the, the, the roof pitch. [34:46] It's cleaner lines. It's much cleaner lines. Yeah. [34:50] The windows are more aligned with the roof line. [34:53] It's easier serve operationally. [34:56] Yeah. Those are the only questions [34:59] That I, alright, any other que Mr. [35:00] Malvin? Mr. Ton? I [35:04] Think this is a, a good location for dead proof [35:10] and practically speaking, I understand it's in the west [35:12] front in Brook district, [35:13] but it's, you know, our our planning director had alluded [35:17] to a tree line across the street, [35:19] but there's also a car repair shop, [35:21] a motorcycle repair shop, [35:23] a gas station already at that corner. [35:25] It's a little different. If we were having this [35:27] conversation, it was a mile or two down the road [35:29] and you've got a school and the fairways and whatnot. [35:31] So certainly just speaking about the sign, I'm, I'm in favor [35:36] of, I understand the black could probably be a little [35:39] jarring, but I think that's probably something we can maybe [35:41] table to a, an actual plan review Correct. [35:45] Today? Well, no, we're talking about [35:46] just painting the building. [35:48] They wanna have permission tonight. Okay. [35:52] Not necessarily for the graphics [35:53] and not necessarily for the structural changes. [35:55] Those will have to go back for a cycling. [35:56] They will amendment. So yes. [35:59] Signage and paint is what we're talking about. [36:05] Yeah. [36:07] Yeah. Just had a quick question about the pylon sign. [36:10] So you guys aren't, you're not wrapping [36:13] or painting the existence on, you're removing those panels [36:15] and putting new ones on it. [36:16] New panels are going in it. Yeah, that's correct. [36:18] And so the only part that's gonna be lit up is [36:21] where is it is just the white you see and the magenta. [36:25] Okay. But it'll, it'll all be lit the same. Absolutely. Yep. [36:30] Good. Just a quick question. [36:34] Are these proposed graphics what you, the actual graphics [36:37] that you want to put on the building [36:40] Or is this like on the, on the base side? [36:41] Like the art? Yeah. On the base? [36:43] No, the, the art just kind of came out [36:45] as the rendering came out [36:47] and I saw it as kind of like, I would like something there. [36:51] I don't know what it is. The colors definitely match the [36:54] branding and there's not necessarily anything on there that [36:58] A I'm married to BI came up with or c you know, [37:01] 'cause I'm not that, I'm not that artistry. [37:03] But you know, what I do know is [37:04] that I think it would be really cool accent [37:06] to the black building. [37:08] The, the, the black really is just there to serve as [37:12] allowing the other things to shine a little bit more. [37:14] And, and like I said, like my branding just lends, [37:16] it lends itself to that. [37:19] We're, we're growing in, in such a rapid pace right now [37:22] that people kind of, I don't wanna say expect us to kind [37:25] of have this building be, be that way. [37:27] But I I, I am so confident in my, in this vision [37:32] that I know it'll be a destination for dairy [37:34] and something I think it needs, especially [37:35] with Bobby coming in here and you know, doing his thing [37:38] and like, just the way this town's growing [37:40] and evolving into a, a prominent foodie town. [37:42] Like you see it all over New Hampshire eats [37:44] and popular Facebook pages that a lot of people are coming [37:47] to dairy, not only for pizza [37:48] but they're gonna be coming when, you know, Bobby's here, [37:51] they love Sino, they love pho [37:52] and I love being a part of and they love rigatoni. [37:54] Don't worry about it. You what? [37:56] That was obvious I didn't need to mention you. [37:57] Alright, you too. Alright. [37:59] I'm just sorry but I, I, I guess, I guess what I'm trying [38:02] to say is for someone who's lived in this town his whole [38:05] entire life, I think that having a building this different, [38:09] this standoutish would be I think a welcome sign [38:13] that dairy's not behind in the times in which a lot [38:15] of people think a lot of the buildings look the same. [38:17] And if you guys follow me at all, there's, [38:20] there's nothing the same about me for it. [38:21] But I just want to, I wanna do what I can [38:23] to represent my town [38:24] and I think this is the way I'm gonna do it. [38:26] So we're kind of getting all the questions done now, [38:29] but I think we, we need separate motions or, or, [38:32] or resolutions here for the Yeah, Abby did the signage [38:36] and the paint and then the, the non-binding conceptual [38:41] discussion on the other decoration. Yeah. [38:43] Yeah. Abby did prepare two motions for you. [38:46] One is specific to the signs including the internal [38:49] illumination aspect [38:50] and then the second one was for you, [38:55] you have the potential to amend that last, [39:00] the, the second to last sentence to say that you, [39:02] you accept the color of the general facade if you wanted to. [39:06] So, but I, I wanna go down another route. Sure. [39:11] That there are zoning [39:16] regulations which we cannot, you know, change [39:20] 'cause we're not the ZBA [39:21] that dictate the maximum square footage of signage [39:26] based on, you know, properties of, of, of a plot. [39:31] Right. And so my opinion [39:33] and apparently the opinion of, [39:34] of the zoning administrator is that the [39:40] rendering as shown, which is, you know, kind [39:43] of highly promoing your brand and, [39:46] and your product is signage [39:48] and you'd have to calculate all of that space as part [39:51] of your allowed signage. [39:52] Well you need a variance. Understood. [39:54] So let's, where are we on those numbers? Do you know, [39:57] Carrie and I sat down yesterday [39:59] because we knew that might be potentially a question [40:02] and we didn't want to say yes to something [40:04] that the ZBA might say no to. [40:07] So currently if you look at, if we just take the frontage [40:12] of 94 Rockingham, that's 181 feet. [40:16] Our sign regulations say that [40:19] you're allowed two square feet per linear [40:22] foot of road frontage. [40:23] So the allowance, if you just use Rockingham Road is [40:27] 362 square feet. [40:30] Carrie and I calculated [40:32] and the pylon sign, the, the building sign. [40:36] And then even if you included the artwork, [40:39] which would be a wall sign came out to 200, [40:45] 200.62 feet. [40:48] So he falls below and wouldn't need a variance. [40:52] And then we also, we weren't sure, you know, I, [40:54] I checked tonight, we weren't sure if that was gonna wrap [40:56] around the building or if [40:58] that 30 square foot dead proof sign would also be on the [41:00] island pond side. [41:01] Even if it were adding in those two elements, [41:05] the total would be 324 square feet. [41:08] So he would still fall below the, the maximum. [41:11] Okay. Just wanna make you aware [41:13] that there were also not only color and design [41:15] and aesthetics and but dimensional things. [41:18] Yes sir. We can't wave. Correct. Mr. [41:21] Chair, 30 square feet. Any other questions? Mr. [41:25] One more question I just for clarity, [41:30] and I don't know if we can actually rule on this [41:32] or if it's part of the regs, [41:33] but is the sign going to be lit at all hours [41:37] or just during business hours? [41:39] Just during business hours. Okay. [41:42] And, and you said you close after dusk or so? [41:46] Yeah, so right now our hours are 11 to eight [41:48] and then 11 to four on Sunday. [41:50] Thanks. At 11 eight Wednesday through, I'm sorry, Thursday [41:53] through Saturday. [41:54] Great. Thank you. Yep. [41:57] Okay. Any other in last minute alibis. [42:02] Alright, so let's, let's give him [42:06] a vote on the roof sign, the pylon [42:11] sign two-sided [42:12] and the painting of the exterior [42:16] of the structure black. [42:20] Do we have a, a motion that reads that way? [42:22] I also move, well wait a minute. [42:24] I'm gonna see if we actually have a, a motion [42:26] recommend a motion that that says that suggestion motion. [42:29] Are you separating these, [42:30] are you packaging 'em all together? [42:32] Well, we have to separate them [42:33] because number one, the [42:38] psychedelic rendering is, is speculative [42:41] and it's not really right for us to, to vote on tonight. [42:45] So I'm, I'm gonna treat that as a conceptual consultation [42:48] and we'll say, yeah, we think that's great [42:50] or man, that's, that's horrible. [42:52] We'll give you feedback please. [42:53] Which is non-binding and then you can take that for [42:56] what you know it's worth by all means. [42:57] Yeah. But what I hear is you need [42:59] to get the signage change, get the sign [43:01] The signs the biggest one. Yeah. [43:02] And so that's what I think we've gonna [43:03] officially approve tonight. This [43:05] First motion is for the signs [43:06] and I think Elizabeth was saying this second motion, [43:08] we can remove the parts that talk about the design [43:13] and facade and stuff and just talk about the color [43:15] and use that motion for that. [43:18] Or we could just tack it onto the, the first one. [43:22] My question is, given that this is LDCR [43:28] terms and conditions, I think we need [43:30] to actually vote on waivers as opposed [43:33] to just saying we accept this, we accept that. [43:39] I know that pretty much everything in the LDCR is waveable. [43:44] I mean the, the WB is is waveable even the zoning [43:48] with special exceptions and [43:50] Whatnot. [43:51] I'll double check in the, I'll grab the copy of the LDCR, [43:54] but I think I wondered about that [43:56] and I was like, well are we gonna need a waiver? I thought [43:59] LCR thing that we grant a a a difference [44:03] to a waiver to we, we vote on a waiver. [44:06] Why would this be different? It, [44:08] The, the language seemed a little bit different. [44:10] I'll, I'll pull it and, and take a quick peek right now. [44:13] But I think the language said it shall not be illuminated [44:16] without the permission of the planning board [44:18] or without the planning board state. So let me [44:20] Look at that. [44:21] I I'm gonna be conservative [44:22] and say wherever we think there's a, a specific thing [44:24] that it doesn't comply with, let's quickly draft a waiver. [44:27] It doesn't have to have all the lingo that most of them do. [44:30] Okay. Just basically say we're we agreed [44:32] to waive this. Alright, [44:33] Let me find that section. [44:35] That way, you know, we'll come back and, [44:38] and ripe at us for making a, a, a sloppy decision. [44:43] 'cause that might actually come back on you too. Understood. [44:46] That has happened. I won't, I won't tell you where [44:48] and when, but it has happened. [44:50] Quick question, Mr. Chair Jones. [44:53] So I'm just noticing the current roof [44:57] is like a light gray, [45:00] but in the rendering it looks like the, the, [45:03] it's either reroofed [45:04] or the, the, the, [45:06] the shingles have painted. No, if [45:09] The roof was repaired like three years ago. [45:12] Right, but I'm just saying the black's gonna look a little [45:14] bit different on a gray roof than like in the rendering. [45:18] It looks like the roof was actually, [45:20] It does look like the roof surface has been replaced in [45:23] the future rendering. Is [45:25] That what you want? [45:26] But it's all, it, it kind of blends together. [45:29] Yes. And I guess my question is whether we would treat [45:32] that as the same line we treat the structural changes. [45:35] Probably. I think Dante [45:36] Is open to suggestions [45:38] on that. Yeah, a hundred percent. Yeah. [45:39] So what do you guys think if you see, I mean I [45:41] I have told folks who completely ignore me that hey, [45:46] you've got red lettering on dark blue on background. [45:50] You know, the human eye cannot focus on both colors. [45:53] The voice, right. That has very low visibility [45:55] at 40 miles an hour. [45:56] Right. And Nelson's rule of marketing is, has [45:58] to be readable at 40 miles an hour. [46:00] Right. So I can give you, you know, suggestions like that, [46:02] but it, it also has to follow your, [46:04] your brand scheme and your colors. [46:06] Absolutely. I I do agree with Mr. [46:08] Churchill that the sign will pop more against a, [46:11] a gray roof than it will black on black. [46:13] Yeah. I had no intentions [46:16] of changing the roof specifically. [46:18] I mean the, the board around the, the back, forgive me, [46:23] the backboard of the sign itself is black [46:25] to reflect all the lighting anyway. [46:27] So for me, the, the roof, at least for now isn't, you know, [46:32] a top priority for me to change or to alter at any point. [46:36] I think the sign I working with New Hampshire signs, [46:38] they were great to put, [46:40] they actually pointed out the roof color. [46:41] They were like, you know, you're not gonna have [46:43] to worry too much about that because the backboard [46:45] of the sign is already black in helping [46:47] reflect the light properly. [46:49] You know, they've been doing this forever. So I, you know, [46:51] just went with their suggestions and I think the sign in [46:54] and of itself will do a good job of that. [46:55] And I, I kind of like how it plays against the light [46:58] gray as it is. So, [47:00] So we'll assume that if, if you change the roof [47:03] that comes in with the later, you know, structural changes. [47:05] Yes. Okay. Mr. O'Connor, [47:10] were you keeping track of all the things [47:12] that needed to be waived? [47:13] No, I wasn't exactly. Okay. [47:14] It was so internal illumination. [47:22] I don't know if there's anything else [47:24] explicitly, you know, don't do that. [47:28] I mean they, they do say use, you know, appropriate colors. [47:31] That is a, a very subjective thing. [47:34] So I think we can simply say we accept the, the black as [47:37] as part of your corporate logo look. [47:40] But I think we should probably waive the [47:42] specific prohibition on internal new lit of any form. [47:46] And if I could say Elizabeth had mentioned the painting [47:51] of the building Yeah. [47:53] And then Ryan is talking about the roof. Right. [47:56] And my understanding it was the building that you wanted. [47:59] Yeah. Right. Yep. [48:00] Yeah. So we're talking About the, I'm just [48:02] the building not the, the roof. That's all. That's [48:04] Right. [48:05] I'm just saying if you painted the building black, how's [48:07] that gonna play with the, [48:09] the gray roof versus if everything was according [48:13] to the rendering, it looked like everything was, [48:15] everything was darkened. Well, it won't [48:17] Look like that picture, but a lot [48:18] of it won't look like that picture yet. [48:20] So [48:21] I mean 'cause that's a, that's gonna be a big contrast. [48:24] The black building with the gray. [48:26] Here's the thing though. I mean, I know [48:28] painting isn't cheap these days, but it's just paint, right? [48:31] If you decide, oh, that was a [48:33] mistake, you can easily fix that. Beautiful. [48:35] Yeah. And he would be willing to do so. A hundred [48:37] Percent. [48:38] So I'm, I'm not gonna obsess about the paint at this [48:40] point. He, I won't, [48:43] I'm just trying to bring attention to try [48:45] to visualize what that's gonna look like. [48:48] Yeah, well I mean, we have to take this step at a time. [48:51] I mean, we're only approving the signs and as an extension. [48:54] Yeah. You know, painting the building black. [48:59] Excuse me. So did you, did, did you find the, [49:03] the section that talks about signs and, [49:06] and argon and neon. [49:08] So There's, I guess I could start digging forward. Well [49:10] Really illuminate the sign. [49:12] The only thing that's really gonna show up is the white [49:14] lettering in purple sign. [49:15] It seems like just [49:19] One 70, you know what I'm saying? 86. [49:22] 86. [49:26] 180 6. But I'm just saying, yep. [49:31] Subsection F [49:33] and then further subsection nine lighting. I think that [49:37] Rendering looks better And it [49:40] says, you know what I'm saying? [49:42] Well it talks about low use of low key, [49:45] low intensity wall pack or, [49:46] or spot top lighting is appropriate [49:51] unless otherwise approved by the planning board. [49:53] All it Right. [49:56] Use of lighting to highlight the building in a prominent [49:58] manner such as brightly illuminated roof fins [50:01] or neon tube lighting is discouraged unless [50:03] otherwise approved by the planning board. [50:06] I'll pull mounted lighting fixtures shall be fed electricity [50:09] by the use of underground electrical. [50:12] This is an existing site illumination patterns proposed [50:17] so shall be such that all sites sub subject [50:20] to these regulations will enjoy an adequate level [50:22] of lighting to ensure user safety and [50:24] Security. [50:25] Alright. So we can, we can simply do it wa the, the term of, [50:29] of that subsection one 70 [50:33] dash 86 F nine to allow [50:38] internally lit signs where the regulations do not allow. [50:42] That would be that works. Yeah. How I would word it. [50:45] Yeah. Off. [50:48] Yeah. Okay. And I think that's all we need [50:51] to worry about specifically waiting. [50:54] Anyone else have a thought on that? [50:56] Do you need that in writing from Dante? [51:01] We can scr a piece of paper [51:03] and Yeah, as long as it's the clerk has it. [51:07] So at this point I would like to entertain a motion [51:12] for the waiver as we just kind of coddle it together. [51:17] If I can remember what it says to waive the [51:21] provisions of section. [51:25] Just signed. Oh, just signed. Okay. [51:27] I was like, my handwriting's terrible so I apologize. [51:31] Formal written one 70 dash [51:33] 86 1 70 dash 86 F [51:39] nine to allow [51:43] internal lighting on, on the signage [51:45] where the regulations do not allow [51:47] Just the waiver for the, yeah. [51:49] Okay. Someone wanna make that motion. [51:51] I will. So move. Okay. [51:53] Moved by O'Connor, seconded by MAL to grant a waiver. [51:57] Any discussion? Not Mr. Wood. Yes, Mr. [52:01] Yes. Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. [52:06] Churchill? Yes. Mr. Appleton? Yes. Mr. Maldy? Yes. [52:10] And the chair boots? Yes. Now I think we can go with the, [52:15] the motion as suggested in, in the, in the package [52:19] and just add the permission to paint the [52:23] outside surface of the building. [52:24] Black. We wanna make that motion. [52:28] Yeah. Mr. Chair, is it moved [52:29] to pursuant? Is [52:33] This one, John, This one, top one they moved [52:38] to pursuant to the town of dairy zoning ordinance. [52:43] Can we do that? [52:46] We're talking about the signs. Yeah. [52:49] So the, the signage ordinance is in the zoning ordinance. [52:52] The architectural review of the signs is in the LDCs. [52:55] Correct. So it is a little confusing, [53:00] Which is the one down below, [53:01] which is the L DCR here where your thumb is. [53:09] Yeah, no, I I think we, you know, read the top one [53:12] and then we'll make an amendment if we need to. [53:15] Okay. Mr. Chair, move pursuant to the town [53:18] of Dairy zoning ordinance, article 12 [53:21] signs section 1 65 dash 1 0 1 12 [53:26] signs in the West Running Brook District [53:29] to approve the sign designed, presented for dead proof pizza [53:33] parcel 0 5 0 1 2 dash [53:37] 0 0 1 0 0 1 94 Rockingham Road. [53:41] As presented, the board accepts the internal illumination [53:46] of signs and finds the signs are compatible [53:50] with the surrounding buildings, [53:52] meets the regulations contained in the ordinance [53:56] and compliments the surrounding architecture. Second, [54:00] And then an amendment to add [54:03] the board accepts the painting of the exterior [54:06] of the building black. [54:08] Just how I said it. [54:10] Okay. Any questions on that? You got that Adam Clerk. [54:15] Okay. Any discussion Mr. Wood? Yes. Mr. [54:20] Menini? Yes. Mr. Connor? Yes. Mr. Fishman? Yes. Mr. Ello? [54:24] Yes. Mr. Appleton? Yes. Mr. Malloy? Yes. And chair votes? [54:28] Yes. And I think you've already kind of got our informal [54:34] feedback on the more advanced design. [54:37] Some of us love it, some of us don't understood. [54:40] Some of us think it's maybe a little too much [54:43] Like the art itself or the extension. [54:45] Yeah, it's the whole, it it, it, it looks too busy. [54:47] It looks like a comic book to me. Understood. [54:49] But then again, I'm an old guy, like [54:51] other folks in the room. [54:54] So just think about let's scale it down a little bit. [54:58] You know, what, what works as opposed to maybe going to, [55:02] you know, you don't have to turn the volume on to 11, but [55:06] No, I'm just kidding. [55:07] No, I I I definitely wanna be more [55:09] purposeful of what goes in there anyway. [55:11] Like I said, the rendering just kind [55:12] of spit that out at me as an idea. [55:14] And I was like, oh, it's kind of cool. [55:15] But, you know, I think when it comes down to it, you know, [55:19] everything about dead proof has its place [55:21] and that will be one of those things. [55:22] So when the time comes to present that like, it'll be [55:25] Yeah. [55:26] If you come back for the structural changes, [55:27] you can include that at the same time. [55:28] Absolutely. Yeah. Yeah. It won't be his [55:29] comic bookie. I promise. [55:31] Checking. I say one more thing. Sure. [55:32] And again, I gotta give you a lot of credit [55:34] because your Facebook followers is vast and deep. [55:38] Thank you. That's cool. And [55:40] They're very loyal to you too. [55:41] Yeah, I'm, I'm very lucky. [55:44] You know, I just creating this business, you know, [55:47] in 2022 was it started in a tent in, [55:49] I was cooking pizzas in a parking lot. [55:52] So to be now at Clam Haven, a place I grew up with [55:55] and like is an iconic place is just for me, the, [55:59] the culmination of just so much hard work [56:01] that's gone into making this what it is today [56:03] and to be in dairy, you know, I always said like, [56:06] being in Manchester was always great, [56:08] but dairy will always be my home. [56:09] So to have this here is, you know, special. Now [56:12] You have a truck also, right? [56:13] Yes sir. Where's that gonna be parked? [56:15] 'cause that's got signs all over it. [56:17] She is currently parked in the parking lot of Clam Haven. [56:22] I'm working on a, a location to keep it between events. [56:26] I know right now it's like we're, [56:28] we're in our heaviest event season period. [56:30] So to be able to take all of our, [56:32] because clam haven's our commissary. [56:34] So to be able to take all of our product from Clam Haven, [56:37] just walk it over to the trailer, load it up, go [56:39] to the next location, you know, done wonders for my people, [56:43] not stretching out too much. [56:45] So, yeah. Thank you. Yeah, you're welcome. [56:49] Okay. I think that's it. [56:52] Well thank you Dante. Thank you Lisa. [56:53] Yeah. Thank you guys for your time. [56:54] Thank you very much. Appreciate it. [56:56] We appreciate it and we appreciate [56:57] The support. [56:58] Kind of excited. Yep. [56:59] Next time you guys want a pizza party, let me know. [57:01] I got you. [57:02] That's not a problem. You guys getting rid [57:04] of the Clam Haven sign. [57:05] What are you guys doing with that? We don't know yet. [57:07] Oh, that's to be continued. Lisa, [57:09] continue. I got some ideas. You, [57:10] You know, Lisa, there are places [57:12] that collect classic signs if you go up [57:14] to shorty's. Hey listen, [57:15] You know, we wanna put, a lot of people are reached out. [57:20] I, there's a guy sitting here who was interested in this. [57:23] See, see my inbox? Oh my god, its crazy. Also. [57:27] Me too. I would love to have that. [57:29] It's crazy. Thank you guys. Let's move on [57:30] To our, we have Cl Haven church field. Yeah, we, [57:32] We got more to do tonight, so. We'll [57:34] Guys, thank you. [57:35] Thank, thank you. [57:41] Alright, next item. Hopefully we'll go quicker. [57:44] Architectural design review [57:46] for signing in TBOD parcel ID 3 0 0 5 2 6 East [57:51] Broadway Beyond Beauty. [57:53] Move to approve. Oh, [57:56] Wait a minute. [57:57] Wait a minute. You gotta have the Zel first. Oh, [57:59] Okay. [58:01] All right. The town of dairy zoning ordinance section 1 65 [58:04] dash 1 0 1 0.5 A one Q requires [58:08] that all new signs propose in the traditional business [58:11] overlay districts be reviewed by the planning board prior [58:14] to the issuance of a sign permit. [58:16] Signs in this district cannot be internally illuminated neon [58:20] argon krypton as we know, [58:21] or have internally illuminated lettering, projecting signs [58:25] or are to be located so that they do not block line of sight [58:29] for motorists and cannot be closer than eight feet to grade. [58:32] The architectural design [58:34] of this sign must compliment the architectural design [58:37] of the buildings and surroundings. [58:39] The applicant is proposing signage on the existing awning [58:42] as well as a vinyl window decal sign the vinyl window. [58:45] The vinyl window decal sign must not obstruct visibility [58:49] of the interior of the business Beyond Beauty is currently [58:53] operating at six East Broadway. [58:55] The former Jay-Z Health, a sample [58:57] of the proposed signs are attached. [58:59] Our recommendation to the board is [59:01] to approve the proposed signage. [59:04] Alright, so there's no one here from that, that business. [59:09] We, we ask that she either be present in person or online. [59:14] I, I'm just gonna suggest that the, [59:19] the awning on the side, [59:20] you might wanna put some white space in that phone number. [59:22] That's a little hard to read. Yeah, it kind [59:24] of violates Nelson's law about 40 miles an hour. [59:27] You don't watch Superman. It's just one law [59:29] Number saw the same thing. [59:31] Red and blue Okay. I just a piece of creative, [59:33] it has nothing to do with our approval. [59:35] Just a creative suggestion. [59:37] And I assume that given they have, they're at a corner [59:40] and they have frontage on two different streets, [59:43] the total surface area [59:45] of this plus the window decal is not gonna be a problem. [59:48] It it should not be a problem. No. [59:50] Should not. Or this one I did not calculate. Oh, you [59:53] Can't didn't do the maths. [59:54] I did not math on this one. Oh, well, [59:57] Yeah. [59:58] Yeah. They are re they are resurfacing [1:00:02] or replacing areas where De Francisco had had lettering. [1:00:07] And so, [1:00:10] Mr. [1:00:11] I, yeah. My instinct is if, if that proof was okay [1:00:14] with their two fronts, these guys are probably okay, [1:00:17] but I don't want to let them in for a shock when the [1:00:22] planning board approves it and then the zoning administrator [1:00:24] comes back and says, yeah. Yeah, yeah. [1:00:26] Mr. Chair, for your awareness [1:00:28] Applicant's online. [1:00:29] Alright, Mr. Chair, [1:00:30] Just to inform you, we do have a hand raise online. [1:00:33] They're identified as iPhone if, just for confirmation, [1:00:36] if we can have them identify as we let them in Absolutely. [1:00:39] And identify themselves. Come on in. [1:00:40] We'll go ahead and let them in now [1:00:42] and give them the ability to talk. [1:00:45] That would be great. Should be available [1:00:49] now if they want to unmute. [1:00:52] That was the star six [1:00:54] If they're on phone. [1:00:55] Yes. Yes. Which they're on iPhone. [1:01:00] Caller, are you there? Hi. Good. [1:01:10] Hi. Try it now. Good evening. Hello. [1:01:16] Yes. Hello. Hi. I have Miss Z with the [1:01:21] of the business here next. [1:01:27] Zav, you're dropping out. Let me be in [1:01:30] a noisy environment. [1:01:31] Mr. Chair. Which noise? Suppression on the on [1:01:35] Would be, we're, we're, we're not getting most of your, [1:01:38] of your, of your words. [1:01:41] We're, we're losing a lot. So can you move to a better spot? [1:01:53] It could be network on this side as well. Mr. Chair. [1:01:55] Hello? Good evening. Yeah, we hear you now. [1:02:00] Okay. Hi, my name's Ted. I'm have Ms. [1:02:04] Z who's the business owner next to me. [1:02:07] We're, we're here to ready [1:02:11] to answer any question from the planning board. [1:02:14] So you're in a butter. He's interpreting for the owner. [1:02:19] I'm sorry? He's interpreting for the owner. [1:02:21] Oh, there, there's a language barrier. [1:02:24] Okay. Okay. So he, he's a language assistant [1:02:27] for the abut. Okay. Yes. [1:02:29] She, she can understand most, [1:02:31] but when she walks of the question, she might. [1:02:35] That's why. [1:02:39] All right. So the, the only things that you might wanna [1:02:42] relate to her is [1:02:44] that the planning department didn't actually do a [1:02:46] calculation on, on square footage of the proposed signage. [1:02:50] I, I think you're not gonna be having a problem with that [1:02:55] because you're on a corner. [1:02:56] But just be aware that there is a, [1:02:58] a zoning requirement that we can't change. [1:03:01] So just double check that. [1:03:03] Yes. And this, And my, my personal suggestion is [1:03:08] where it says hair skin massage [1:03:10] and has a phone number on the, [1:03:11] on the, on the side of the one. [1:03:13] You might wanna put some white space [1:03:14] or dashes in there 'cause it's really hard to read. [1:03:16] But that's just a suggestion. Oh, [1:03:19] Thank you. [1:03:20] That's from the, I think one of the, those designer company [1:03:25] that she gave them the information at all. [1:03:28] So I think we are able to change that. [1:03:33] Of course. No change to design or anything, [1:03:35] but as you suggest it could be done [1:03:38] to make the phone number easier to read. [1:03:41] Okay. Alright. So those two things have been addressed [1:03:44] with the, the applicant through her interpreter. [1:03:48] Any other questions [1:03:50] or comments for the applicant from the board? [1:03:55] I can't see what's in the window. [1:03:56] What, what are they changing in the window? [1:03:59] It's, it's this thing. There's a decal sign. [1:04:01] It's an ade, it's a decal. The [1:04:04] Decal, yes. [1:04:05] Going. It's a word art decal [1:04:08] the most part are transparent [1:04:11] and just to, you know, show the words. [1:04:14] I mean, that's how they print it would be better if they, [1:04:16] they can cut 'em out. [1:04:17] But it costs quite more expensive, I believe. [1:04:21] Instead of just make it like a transparent [1:04:24] with the word art on it. [1:04:27] What color did they say that was gonna be? [1:04:29] Do you know what the color will [1:04:30] Be? [1:04:30] Be right on Broadway. [1:04:33] Is there gonna be black, white, [1:04:35] White and only There are several. [1:04:38] Were words in black. [1:04:41] Okay. We're Talking about [1:04:42] just because it's on Broadway. [1:04:43] I just But is the decal, does [1:04:45] The decal count as a sign? [1:04:47] It does, yes. So [1:04:49] that's why I said add up all the square footage just [1:04:51] to make sure you're okay with the zoning. [1:04:54] And is it just going on? I'll stop my questions. [1:04:58] That decal sign, now that I see it, [1:05:00] is it just going on this side? [1:05:01] That's, I thought it's a big thing. Facing, facing [1:05:03] Broadway, facing Facing Blue Seal [1:05:05] or is it going out that's facing Main Street? [1:05:07] No, they only have, they only have windows [1:05:09] on, on, on Broadway. [1:05:10] Right. There's, there's one, [1:05:12] there's one window on Manning Street, [1:05:14] but that window will have nothing on it. [1:05:17] She's only had, she's only request, request [1:05:21] to those details. [1:05:25] Broadway side. And there are four four, [1:05:29] actually six window panels there. [1:05:30] And she only use, put them on two of them. Okay. [1:05:33] Okay. Well then if you're gonna use multiple, you better, [1:05:37] you better add up the square inches. [1:05:39] 'cause you might, you know, Elizabeth will help you. [1:05:43] The zoning administer Carrie will help you figure out [1:05:47] how many square feet [1:05:49] or square inches total you're allowed for that property. [1:05:53] And you just don't want to go off to the sign company [1:05:55] and buy more than you can put up. [1:05:57] Okay. [1:05:59] Understand. [1:06:04] I mean, and, and that's not our thing. [1:06:05] That's the zoning administrator's job to enforce. [1:06:08] That's not a planning board thing. [1:06:09] So we're just giving you friendly advice on that. Okay. [1:06:13] Anything else? Alright. Ready for motion? [1:06:21] Mr. Chair? A move pursuant to the town [1:06:23] of dairy zoning ordinance, [1:06:25] article 12 signs section 1 65 dash [1:06:29] 1 0 1 5 signs in the TVOD [1:06:33] to approve the sign designed, presented for Beyond Beauty [1:06:37] Parcel 3 0 0 5 2 6 [1:06:42] East Broadway. [1:06:43] As presented, the board finds the sign is compatible [1:06:48] with the surrounding buildings, [1:06:50] meets the regulations contained in the ordinance [1:06:52] and compliments the surrounding architect. [1:06:55] Second, moved by O'Connor, seconded by Malam to grant [1:07:00] permission and approval based on the submission. [1:07:04] Any questions? Debate if not Mr. Wood? Yes, Mr. [1:07:09] Mean? Yes. Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. Ello? [1:07:13] Yes. Mr. Appleton? Yes. Mr. Maby? Yes. And the chair votes? [1:07:17] Yes. Great. Congratulations and good luck. [1:07:22] Thank you. Thank You. All right, we have [1:07:25] one more thing, which could be a big thing. [1:07:29] I don't know how much depth you want to go into. [1:07:31] This is legislative update. [1:07:34] Our, our friends in Concord have continued creative [1:07:39] activities regarding land use law. [1:07:41] I'll, I'll say it that way in, in a nice way. [1:07:45] 'cause we have a, we have a candidate here, so I just, [1:07:48] I won't, I won't, I won't throw you under the bus [1:07:49] until you've actually voted on stuff. [1:07:52] I have a question though, before we [1:07:54] start going down that road. [1:07:56] Oops. On the, on the last Haitian thing [1:07:59] because that is, that's [1:08:05] the person that's managing that needs to be [1:08:08] licensed in the state of New Hampshire, correct? [1:08:10] That is correct. Do we ever check [1:08:13] to make sure that they're on [1:08:15] We do. Okay. [1:08:16] That's all. That's my [1:08:17] Only question that that's part of the [1:08:18] change of use application. [1:08:19] They're not part of the change [1:08:21] of use application is they have to submit all [1:08:23] of their O current OPLC licensure license. [1:08:26] Yeah, yeah. With the application. Okay. [1:08:27] So we do verify that. Perfect. [1:08:30] And do you know if there are any employees at all or [1:08:34] In at that facility? [1:08:36] I believe there, there is the, there's the manager operator [1:08:40] and there may be one more employee [1:08:43] and that's what they're permitted for. [1:08:44] And they add employees. [1:08:46] They have to come back to the town. And [1:08:47] The employees are also licensed. Yes. They need [1:08:50] To provide, I know where you're going [1:08:52] with this, but that's really a, I'm [1:08:53] Just double checking to See a town [1:08:54] council issue, not a planning board [1:08:55] Issue. [1:08:56] Well I'm just wondering if that's something that the town [1:09:00] overall looks for. [1:09:01] It's part of our change of use process. [1:09:04] Yep. Okay. [1:09:07] Okay. So you have a slide deck. [1:09:12] The it, the fairly extensive list of, of changes [1:09:15] that we'll have to have multiple workshops [1:09:17] and this will go on probably until March I'm guessing [1:09:24] the next legislative update. [1:09:26] Alright, let's go for it. Okay. [1:09:28] We're gonna start with the staff report [1:09:29] and then into the slide deck. Yes. [1:09:32] So the 2026 legislative session has come to an end [1:09:35] and the planning department has reviewed the changes [1:09:37] as they pertain to the town's LDCR and zoning ordinance. [1:09:41] The main topics of review include childcare centers, fa, [1:09:43] multifamily housing, commercial districts, [1:09:46] innovative housing structures, and some building [1:09:48] and code regulations. [1:09:50] Attach is a presentation providing an overview [1:09:52] of the legislative changes [1:09:54] and their potential impacts on the town of Derry. [1:09:56] Also included are a summary [1:09:57] of the relevant statutory changes [1:10:00] and the proposed amendments to the LDCR [1:10:02] and zoning ordinance including draft draft language [1:10:06] for the board's review and discussion. [1:10:08] Feel free to follow along. [1:10:09] Looking at the draft language as I present. [1:10:12] And the staff is seeking planning board feedback on the [1:10:14] proposed amendments prior to preparing any necessary [1:10:17] ordinance updates for future consideration. [1:10:20] And we would like to discuss whether the board would like [1:10:23] to schedule a workshop to review these changes. [1:10:25] And for you guys, do you want me to go slide by slide [1:10:29] and like we can talk about each slide as we go. [1:10:32] Or do you want me to do all of them [1:10:33] and then talk about all of [1:10:34] 'em? [1:10:35] Well let, let's go slide by slide [1:10:36] 'cause that way we don't have to take detailed notes. [1:10:41] Okay. You run smoother. [1:10:43] Sounds good. [1:10:47] We can move. [1:10:52] Alright. So this first slide is just a couple [1:10:56] that have no action or change required, [1:10:58] but I just wanted you guys to know they were passed [1:11:01] and have some sort of relation to planning. [1:11:05] SB 94 prohibits all local legislative bodies from adopting [1:11:09] any new regulations [1:11:10] that differ from the state building code. [1:11:13] SB 4 43 adds rulemaking authority for certain requirements [1:11:18] for review and approval of wastewater infrastructure plans [1:11:22] and specifications, including the sewer [1:11:24] connection permit program. [1:11:26] HB 1 15 9 updates the definition of the state building code. [1:11:30] HB 1 4 6 9 requires massage establishments to be licensed [1:11:35] and regulated by the office [1:11:37] of Professional licensure and certification. [1:11:40] The bill also allows for compensation of members [1:11:43] of the advisory board of massage therapists. [1:11:46] HP 1246 mandates that a member [1:11:50] of the planning board who also serves on a zoning board may [1:11:54] only participate and vote on one board when an application [1:11:57] or development project is heard by both boards. [1:12:05] And this next slide dis, dis [1:12:07] or explains h HB 2 96, which was actually passed last year, [1:12:11] but we just got into it now. [1:12:14] And how I structured these is the purpose [1:12:17] and the effect on dairy. [1:12:20] So the purpose is that it introduces new provisions [1:12:23] regarding the issuance [1:12:24] of building permits along private roads [1:12:26] by local governing bodies. [1:12:29] It establishes an alternative condition for authorization, [1:12:33] allowing local governing bodies to issue permits [1:12:35] after reviewing comments from the planning board [1:12:38] or confirming that the private road [1:12:39] complies with municipal policy. [1:12:41] This change aims to streamline the process [1:12:43] for erecting buildings on private roads. [1:12:46] And the effect is that the planning board can review the [1:12:49] road construction building permit is issued only if the [1:12:52] applicant can provide a waiver [1:12:53] of municipal liability recorded with the deed [1:12:55] and proof that the law [1:12:56] and structure on the lot can be insured. [1:12:59] So this, this has to do with lots of record. [1:13:01] It has nothing to do with subdivisions. Correct. [1:13:04] It also has to do with creation of private roads as well. [1:13:09] Hmm. Can you go back to that? Back to that slide. [1:13:14] Let's go. Like five or six pages need to pull actual, [1:13:16] the only reason I'm saying that is it says P board can [1:13:19] review the road construction [1:13:24] planning board can review the road construction. [1:13:28] So many of these private roads can be dirt [1:13:31] or gravel depending on how the owners [1:13:35] of those private roads want to keep them. [1:13:39] We don't really have planning board would really [1:13:41] have no say. [1:13:42] Right. I mean it says review, but [1:13:45] In the town of Derry, if you're building a private road [1:13:48] or a road to be accepted by the town, [1:13:51] the standard is exactly the same for the geometric [1:13:54] and in how you construct it. [1:13:56] So the board would review it for drainage [1:13:58] and depths of all of that. [1:14:01] So if a private road comes in, we can say it needs [1:14:04] to be 24 feet wide. [1:14:06] We do. We do. And we have [1:14:08] Follow the policy. [1:14:09] Yep. It says Oh, okay. Interesting. [1:14:13] Well, I I think that you know it, it's to protect [1:14:17] one landowner from another. [1:14:21] Same reason we have building codes. [1:14:22] You don't wanna buy a house that's a fire trap [1:14:24] because the guy didn't follow codes when he built it. [1:14:26] Right. So it's to protect future [1:14:28] owners from deficiencies in the infrastructure. [1:14:33] I get that. But it's a private road. [1:14:36] So the landowner has, in my, [1:14:41] in my my opinion, has got the right to, you know, [1:14:44] if it's a private road, if it's an easement [1:14:47] to get down there, if a town dictates what the size of [1:14:52] that private road can be, I think [1:14:54] that could be constitute maybe a possible taking. [1:14:57] Well, I mean because it's, you're like, [1:14:59] you're not gonna get a house on that road [1:15:01] because it needs to be 24 feet wide. [1:15:04] And why is that why you want [1:15:05] to get the fire department down there? [1:15:07] Well listen, you're signing a waiver saying [1:15:09] you're taking the liability. [1:15:11] I think it's a slippery slope myself, but just my opinion. [1:15:18] Well You have to look at the actual, [1:15:22] the town has no right to tell me my private road, [1:15:25] how wide my road is. [1:15:28] Well the town technically has no right [1:15:29] or the state has no right to tell you what [1:15:33] construction code do you you use for your private residence. [1:15:36] Right. By the same logic, [1:15:39] I don't, I'm not following that. [1:15:41] In other words, by the same logic [1:15:43] that the state has no right to tell you, you have to follow [1:15:47] a particular electrical code, heating code [1:15:48] or plumbing code 'cause it's your private home. [1:15:51] Right. Right. I I don't think that, I think [1:15:53] that case law has been settled, but [1:15:57] Alright. [1:15:58] I don't wanna tie it up any longer. [1:16:00] I don't, I don't see that as apples to apples. Okay. Yeah, [1:16:04] I wanna make sure I'm understanding that correctly too. [1:16:06] To piggyback off Mr. Ello, so if a, a developer chair, [1:16:09] Mr. [1:16:10] Chair, we need folks just a little closer [1:16:11] to the mic please. Sorry. Sure. [1:16:13] I just wanna make sure, I wanna piggyback off what Mr. [1:16:15] Ello is saying as well. So if a private, [1:16:17] as a developer comes in [1:16:18] and he's gonna develop on a private road, are we saying that [1:16:21] as the planning board, we're gonna have some say as [1:16:26] to how wide that road has to be? [1:16:29] We're to make sure that they can get an ambulance, [1:16:31] fire department and all that, all the, you know, all that, [1:16:34] that stuff can get down to their Yes. To their dwelling. [1:16:37] Apparently the, the the, the law says we can have a say [1:16:41] We do on the front paragraph again, complies [1:16:46] with municipality policy. [1:16:48] That's problematic. Policy. [1:16:49] It's problematic in my estimation. [1:16:53] But anyway. Well, [1:16:56] Is is this a, I assume this is a may not a shell. [1:17:01] I'd have to dive a little bit deeper into the actual, [1:17:04] the language of the RSA. [1:17:06] But we, we, I believe for this one we may, [1:17:11] we do, we do dictate [1:17:12] how private roads are built when it comes to 55 and older. [1:17:15] That's something we've been doing all along. [1:17:18] Those are generally private roads [1:17:19] and we've been reviewing those as an example of, [1:17:22] of when we have done it. [1:17:25] Okay. I think it's also worth noting [1:17:27] that this specifically pertains to [1:17:30] erecting buildings on private roads. [1:17:32] So it's not like, you know, [1:17:33] you any road you make on your property. [1:17:35] No, but what I'm saying is, [1:17:37] but the state has said [1:17:38] that you can now build houses on private roads. [1:17:42] Yes. But so, so you're allowed to do that by, by Right. [1:17:46] If I own that land on a private road, I'm allowed [1:17:48] to build a house by Right. [1:17:50] That's one of the laws that get changed. [1:17:52] Correct me if I'm wrong. [1:17:54] And this really is a building code. [1:17:55] This is really a building permit law. [1:17:59] So we need to ensure that there's access to the lot [1:18:02] and that's what the planning board can look at when a road [1:18:05] doesn't exist or if they're upgrading the road. [1:18:07] I I don't want to tie it up any longer [1:18:08] because I think it's, I think [1:18:10] there's gonna be some issues down the road, not just dairy. [1:18:13] I think it's gonna be Well [1:18:14] So when, when you win your election, you can [1:18:17] Repeal this? [1:18:18] Well I, I may because I actually, I, [1:18:20] I actually authored the private road maintenance issue [1:18:24] that took me three, John maybe remembers [1:18:26] that took me three years to get through, [1:18:28] which basically says that anyone that has the right [1:18:32] to use a private road also is obligated to maintain [1:18:35] that road that's now codified in law. [1:18:38] But anyway, okay, let's move on. [1:18:42] Yeah, we're not, we're not gonna change the [1:18:43] laws here tonight. [1:18:45] No. Okay. Thank you. [1:18:49] Moving on to the next slide. [1:18:55] Alright, so this next one is [1:18:59] SB 5 64 [1:19:02] and the purpose is [1:19:04] to prohibit municipalities from placing limits on [1:19:07] maximum road length. [1:19:09] Provided that the proposed roadway [1:19:10] or extension fully complies with state fired code two [1:19:14] oh sorry, state fired code. [1:19:16] It prohibits municipalities from imposing a cap on the [1:19:20] number of housing lots on a dead end road or street [1:19:23] unless such cap is in compliance with the state fire code [1:19:27] and National Fire Protection Association standards 1141. [1:19:31] And provided that the proposed lots [1:19:33] otherwise comply with current zoning [1:19:35] restrictions and requirements. [1:19:38] It requires municipalities to allow the placement [1:19:41] of utilities within or along buffer areas or wetland buffers [1:19:45] or conservation areas of a subdivision [1:19:47] or lot by a special exception or conditional use permit. [1:19:51] It also prohibits municipalities from imposing additional [1:19:54] restrictions of requirements regarding building [1:19:56] or lot size for effective properties [1:19:58] before the effective date of the act. [1:20:00] And the effect on dairy is [1:20:02] to change the LDCR one 70 dash 26 B five [1:20:06] and add to the zoning ordinance 1 65 20 [1:20:10] and 1 65 23. [1:20:12] Alright, so Roman four, what does that mean? [1:20:19] Prohibit to municipalities from imposing [1:20:21] additional restrictions? [1:20:23] I assume that's all requirements regarding building [1:20:28] or lot size for affected properties [1:20:33] before the effective date of the act. [1:20:36] Oh wow. So it's effective in 2027. [1:20:39] So what it's saying is that we can't, a town can't go in [1:20:43] before April of 2027 [1:20:45] and change a whole bunch of requirements so [1:20:47] that this becomes moot in, in a town. Oh, [1:20:51] Okay. Now I understand [1:20:52] It's a safe gap. [1:20:59] Okay. I mean, is there more detail about utilities? [1:21:03] What, what gets, you know, [1:21:05] So Allowed in in, in buffers? [1:21:09] Yeah. So Think it might be, [1:21:12] Yeah, if you, so that's in the, that's in the zoning [1:21:16] that's in one 60. [1:21:19] Is that 1 65 80 or LDCR 1 1 65. [1:21:24] It's in the wetlands setback [1:21:25] and it's also in the, I wanna say the, [1:21:31] I'm looking for these specific language [1:21:33] Looks like page two of the packet. [1:21:35] Thank you. It's the placement of utilities such [1:21:39] as septic systems, wells, electric distribution, drainage, [1:21:42] drainage structures, storm water management structures, [1:21:45] and other utilities. [1:21:47] So again, I can't change the law, [1:21:50] but I'm thinking putting a septic system in a wetland buffer [1:21:52] is probably a bad idea. [1:21:53] But hey, that's the law. Well, you gotta get a de as a [1:21:57] Permit, right? [1:21:58] The septic, they still need [1:22:00] to approve the, the septic plan. [1:22:02] However, they're, they're permitting septic parts [1:22:05] of the septic system to be in the wetland buffer. [1:22:07] It's, they are, yeah. That's what it says. [1:22:10] Are the state's doing that now [1:22:11] That that's the law? [1:22:13] Well, or it will be the law in 2027. [1:22:18] Yeah. Interesting. Okay. [1:22:27] Okay. And then for the other pieces, [1:22:30] the change in the LDCR would be, we need to remove, [1:22:32] we remove our maximum cul-de-sac length in, [1:22:36] I think we had had a, a cap of like 30 homes [1:22:39] or on a, on a cul-de-sac and we need to remove that as well. [1:22:43] And I, that I don't have any argument with, [1:22:46] I guess I never really understood the public use [1:22:49] and purpose in that anyway. [1:22:51] But, [1:22:56] So in 2020, so in 2027, you're gonna be able [1:23:01] to have a septic design [1:23:03] with the leach field potentially being in wetlands area? [1:23:07] Not, not in a wetland area. In the wetland buffer. [1:23:10] So we have our edge of wetland [1:23:12] and Correct, depending on the side of the size [1:23:14] of the wetland, it's either a 30 foot or 75 foot or 150. [1:23:18] But if it's in the buffer, the buffer starts at the edge [1:23:21] of the jurisdictional wetland and goes out to wherever. [1:23:25] If it's in the buffer, [1:23:26] it could be right up against the jurisdictional [1:23:29] Wetland. Correct? It can be, [1:23:30] Yeah. [1:23:31] I don't think it's gonna affect [1:23:33] dairy as much as some other, [1:23:35] I mean, and hopefully the DES, you know, [1:23:37] has some sense about what they approve. We'll see, [1:23:40] And I mean Roman six in section C of that [1:23:46] wetland site back area, [1:23:47] it says the proposed use will not create a hazard [1:23:49] to individual or public health safety [1:23:51] and welfare due to the loss of the wetlands buffer, [1:23:54] the contamination of groundwater [1:23:55] or other reasons. So there is that. [1:23:58] Yeah, I mean that probably just means a lot [1:24:00] of expensive studies, but okay. [1:24:02] Yep. Cool. [1:24:06] They just get more fun. They just get more fun. Yeah. [1:24:09] 2020 seven's not too far away. [1:24:13] Okay. Next 1, 2 44. [1:24:18] This one's a short one, HB 2 44. [1:24:22] And the purpose is to reorganize the state building [1:24:24] and fire code by re [1:24:27] repealing it from the cur the certain parts of the RSA [1:24:30] and re reenacting it with some modifications [1:24:33] to another part of the RSA. [1:24:36] And the effect is [1:24:37] to add a new section in the zoning ordinance 1 65 dash [1:24:40] 1 26 3 and three A [1:24:48] To reference those new RSA citations. [1:24:50] Is that the the point? Yes. Okay. It seems fairly benign. [1:24:56] Okay. [1:25:01] All right. And with these next two, they go hand in hand. [1:25:03] So I kind of combine them the these two are HB one [1:25:08] or 1588 and HB 10 10. [1:25:11] The purpose of HB 1588 is to regulate accessory parking [1:25:16] to not be required parking [1:25:18] or regulate accessory parking, [1:25:20] to not require parking spaces per unit to be garage [1:25:24] and to allow municipalities [1:25:26] to impose limited requirements on multi-family [1:25:29] in commercial districts, which requires updates [1:25:33] to the zoning ordinance in GC in all [1:25:35] of the GCs industrial two [1:25:38] and the neighborhood commercial. And [1:25:40] So haven't we done some of this already? [1:25:43] We've done a little bit, but Okay. [1:25:45] It takes away some of what we did. [1:25:48] Okay. And for HB 10 10, [1:25:53] the purposes are to require municipalities [1:25:56] to allow multifamily dwellings on commercially zoned land [1:26:00] subject to the local planning board confirming [1:26:03] that infrastructure is adequate [1:26:06] authorizing the local planning board to deny applications [1:26:09] to build multi-family dwelling units on commercially zoned [1:26:12] land in certain circumstances. [1:26:14] And it removes the ability to provide an exception [1:26:17] for requirements relative to the municipality's conversation [1:26:20] or conversion, sorry, [1:26:22] of structures into multi-family dwelling units [1:26:25] and replaces such exception to permit the waiver [1:26:28] of requirements so long [1:26:31] as the converted dwelling unit is not altered [1:26:34] to further violate zoning dimensional requirements [1:26:36] and it updates the same zones. [1:26:47] Now some of these, I'm looking at the effective date [1:26:52] that's either, you know, very close or kind of close. [1:26:57] It's effective now, [1:27:01] So, well nine 13 isn't yet Oh one [1:27:05] Looking at, But Right. [1:27:12] I don't, well I don't think this stuff goes as quickly [1:27:17] as one imagines [1:27:19] unless it's, you know, very uncontroversial. [1:27:22] Last time we tried to do zoning [1:27:25] amendments, it it did take months. [1:27:27] Yeah, Of course. That was some changes of uses. [1:27:29] Yeah. The, this one in particular, the thing [1:27:32] that it really affects is [1:27:33] that our multifamily residential uses, we said that there [1:27:38] you can do multifamily in these districts if you have a [1:27:41] commercial use, it has to be mixed use. [1:27:44] It takes away that mixed use option. [1:27:47] So we can have in our, [1:27:48] now in our general commercial district, you can [1:27:52] place an apartment building there. [1:27:54] So I guess my suggestion [1:27:57] as a practical way forward, rather than try to rush this [1:28:02] and do a sloppy job and Quebec [1:28:03] and have to fix it potentially, that we simply take note [1:28:07] of those things that have become effective. [1:28:09] And even if our ordinance is still out of compliance, [1:28:12] we just don't enforce the parts that are out of compliance. [1:28:18] Does that also mean duplexes can be built now? [1:28:22] Has to be multifamily? So that's state three or more? [1:28:29] It's a triplex. Yeah, I'm just saying, [1:28:31] Or I think it's three or more in the state. Yeah. [1:28:35] I mean, years ago they may, you know, [1:28:38] Dairy, we've got tons of duplexes in the town of DER [1:28:41] that were built in the eighties, [1:28:42] but then we stopped allowing them to happen [1:28:45] the side by side two family. [1:28:47] Well, unless the state has changed the definition [1:28:51] of multifamily to include duplexes, [1:28:54] I don't know if that has happened. [1:28:56] Yeah, [1:28:59] Because I do, I do see in other towns they are building [1:29:02] them, you know, duplexes. [1:29:08] Well, I mean, I wasn't really here during [1:29:12] that big boom. [1:29:14] I, I, I think the, the, the issue was that you had [1:29:19] a two member condo association [1:29:22] with no tie breaking, you know, third member. [1:29:26] And so there was lots of inter neighbor fighting [1:29:29] and it just caused problems. [1:29:31] I think you're right. Although I will add a lot of 'em had [1:29:34] what they called arbitrary arbitration agreements. [1:29:38] If you can't Yeah, right. Do you go to arbitration? [1:29:42] But the other big kicker was a lot [1:29:44] of them shared septics. [1:29:49] So you had one septic system. Right. [1:29:50] And then you had, if you had two bedrooms in each side, [1:29:53] that's four bedrooms, you know, [1:29:55] and they were put in probably a thousand gallon tank in, [1:29:58] which probably wasn't sufficient, [1:30:00] was another thing. But anyway, [1:30:02] Yeah. [1:30:03] So anyway, let's, let's not worry about that [1:30:05] unless they have changed the definition. [1:30:07] Okay. Okay. So all this is just exciting. [1:30:12] It gets more exciting. Yes. [1:30:14] Oh good. Oh yeah. [1:30:16] So our next one is HB 10 79, [1:30:20] and the purpose is to expand the definition [1:30:22] of accessory dwelling units to allow them [1:30:25] to be built within non-conforming structures. [1:30:28] And the effect on dairy is to edit the A DU definition [1:30:32] edit section 1 65 dash 25 to specify [1:30:36] ADUs may be created on lots containing single family [1:30:38] dwellings, dwelling existing dwellings existing as [1:30:42] of July 1st, 2025. [1:30:44] And to add an existing, a condition [1:30:47] for pre-existing non-conforming structures. [1:30:51] Okay, [1:31:04] Cool. [1:31:06] Our next one is HB 1195, [1:31:09] and the purpose is to define childcare centers for purpose [1:31:14] of land, or sorry, for purpose of local zoning requirements. [1:31:18] And provides with exception [1:31:21] municipalities shall allow the operation [1:31:23] of a childcare center on commercially zoned land provide [1:31:27] that the center is in compliance with licensing requirements [1:31:31] of the Department of Health and Human Services. [1:31:33] And the effect on dairy is to add a new definition [1:31:36] of childcare center [1:31:38] and change the zoning ordinance in the four GCs [1:31:44] and to renumber the permitted uses in the [1:31:47] zones listed above. [1:31:50] That's pretty subtle. Yeah. [1:31:52] And we were ahead of the curve [1:31:53] with this one when we permitted group daycare in the [1:31:56] industrial district. So, [1:31:58] Yeah. [1:32:03] Okay. Go ahead. Good. [1:32:06] All right. This one's my favorite, HB 1681 is [1:32:10] to establish standards [1:32:11] for innovative housing structures such as tiny houses, [1:32:14] tiny houses on wheels [1:32:15] and yurts, allowing their use as single family [1:32:18] or accessory accessory dwellings, sitting [1:32:21] and permitting requirements authorizing municipal property [1:32:26] tax assessments, regulating transport [1:32:28] and permitting gray water disposal systems. [1:32:31] And the effect on dairy is [1:32:32] to add four new definitions in the zoning ordinance, [1:32:36] which are innovative housing structures. [1:32:38] Tiny houses, tiny houses on wheels and yurts. [1:32:41] Add a new section in the zoning ordinance [1:32:43] for innovative housing structures, [1:32:45] which is 1 65 dash 25 1 [1:32:49] into permit innovative housing structures in zones. [1:32:53] MDHR two, M-D-R-L-M-D-R and LDR [1:32:58] Yurts. [1:32:59] Really? Yes. [1:33:03] I I'm, I'm like looking at tiny houses on [1:33:06] Wheels Trailer park. [1:33:07] Yes. Right. Because long ago, [1:33:12] I won't name anything but there was a golf [1:33:13] course in the Mr chair. [1:33:15] Just if we could get proximity to the microphone. [1:33:17] Oh, thank you. You know, [1:33:19] we've got a golf course in East Derry that had all these, [1:33:25] like, I wanna say campers. [1:33:28] Okay. And the law basically says they have [1:33:31] to be registered like vehicles. [1:33:34] But now if we're calling those tiny houses on how do, [1:33:37] how do we differentiate the two, you know, [1:33:42] like that, that could be considered a tiny house on wheels. [1:33:45] Yeah. So and so [1:33:49] letter G says a structure is not a trailer, [1:33:52] semi trailer camp. [1:33:53] Trailer or recreational vehicle. [1:33:56] Okay. If that helps. [1:33:58] Alright. So silly question. [1:34:02] Explain to me what a tiny house on Wheels is then. [1:34:05] That is a good question. You define it. We [1:34:08] Do define It. [1:34:09] So, so it's, it's innovative. [1:34:10] It's like I live in dairy for a year. It's on wheels. [1:34:13] I get tired of dairy, so I'm going to pick up my house [1:34:16] and connect it to my F-150 and move it to London Dairy, [1:34:19] Pre-manufactured housing [1:34:21] or double wides, you know, often come on wheels. [1:34:25] Right. You don't take 'em off. [1:34:26] You have a tiny house on wheels. [1:34:30] Yes. But the interesting thing is, on that note, [1:34:35] if you're trying to sell one of those on wheels, try [1:34:38] to get a loan because you've either gonna need cash [1:34:42] or you've, [1:34:44] you've gotta get this one place in New Hampshire community [1:34:47] Loan fund. [1:34:48] We fix that too. So I'm more concerned about yurts [1:34:52] 'cause yurts are basically one step up from a tent. Yep. [1:34:55] That's What I thought too. Toos, [1:34:58] I don't even know how you put like, you know, plumbing [1:35:01] and sanitary facilities in a yurt [1:35:04] And water. [1:35:05] Well the, I know there have a lot of things [1:35:08] that people have been describing as yurts just [1:35:10] because they're in the shape of a yurt. [1:35:12] It really is, for all intents and purposes a house. [1:35:14] It's just happens to be in a circle [1:35:16] with like a cone on the top. [1:35:19] I I assume that's what it means [1:35:20] because you like you saying as a tent, [1:35:23] The specific definition. [1:35:24] Yeah. [1:35:28] And in all of these things they're, [1:35:30] when they're constructed [1:35:32] or permitted, they'll have [1:35:33] to meet certain code requirements. I dunno if you [1:35:35] Got the two Magazines, no one's knocking on the door [1:35:37] off of building yards yet. [1:35:39] We haven't had a rush. No. Okay, [1:35:41] I'll get right on it. [1:35:45] Okay. Let's see how much better it gets. Okay. [1:35:48] And that's all. Thank you. That's it. [1:35:51] Much better. Well, I [1:35:53] Mean, I, I think the legislature had the right intent. [1:35:56] They, they were trying to solve [1:35:58] New Hampshire's housing crisis. [1:36:00] Whether all of these things work well as intended [1:36:03] or whether they have unintended side effects [1:36:06] or consequences will be determined [1:36:08] as we roll them out. Right. [1:36:10] Yeah. I think it's literally roll 'em out affordability [1:36:13] Issues too, basically. [1:36:16] Okay. Well According to a study they just completed, [1:36:19] there are 30,000 houses that are not full-time houses. [1:36:23] They're all part of the VRB type programs, [1:36:26] but that's what happened to a lot of the nationwide. [1:36:29] Everybody's putting it out as a vacation home, [1:36:33] Airbnb and such, But 30,000 in New Hampshire is [1:36:36] available if he was in the BRB. [1:36:39] Okay. We now move on [1:36:41] to planning director and chairman updates. [1:36:43] I just have a few. So last evening the town council [1:36:47] approved the changes to the central business district [1:36:50] and then the LDCR changes that were, well we approved those, [1:36:54] so they will be effective on September 3rd. [1:36:59] John today forwarded information. [1:37:02] There are basically a DU manuals for homeowners. [1:37:05] We can forward that to you for, just [1:37:09] to give you a little bit more background information on [1:37:12] how ADUs are permitted and why people move that way. [1:37:17] We will be resuming our regular schedule back in September. [1:37:21] So our next meeting will be September 2nd. [1:37:24] And I'd like to take this opportunity to say, [1:37:28] this is Abby's last meeting with the board for this year. [1:37:34] She has been an absolute joy [1:37:36] and help, we have been extremely busy in the planning office [1:37:41] and honestly without Caroline [1:37:42] and Abby to help get through the amount of work [1:37:47] that's come through, I don't know [1:37:48] how it would have gotten done. [1:37:51] Abby has spearheaded some of the, the, [1:37:56] the housing work that we're doing [1:37:57] with Southern New Hampshire Planning Commission, [1:37:59] which we should have some updates at [1:38:00] our next meeting on that. [1:38:02] She's, she helped the town administrator on projects. [1:38:05] She's helped the bus economic [1:38:07] development director on projects. [1:38:09] Every time I get calls [1:38:10] and I'm like, Hey, can you take care of this one? [1:38:13] You know, people calling and asking, we get a lot [1:38:16] of calls about can I subdivide this property [1:38:18] or they want research on a property. [1:38:20] And Abby has, has just jumped right in and taken that [1:38:23] and has honestly done the work of a, [1:38:27] a planner this summer. [1:38:29] So I'd like to commend her for that [1:38:31] and thank her for her assistance job. [1:38:40] Come back. Come back later. I'll try. [1:38:45] Alright. I got nothing except you forgot one. [1:38:48] I did. Who Wants to join the coloring plans workshop? [1:38:53] Oh, I forgot. Yes. Everyone say yes, [1:38:56] Please say Yes. One hand right now. [1:38:59] No. Two Hands up. Yes. So do we know the date on that? [1:39:03] September 25th. Thank you. In the morning. [1:39:05] So September 25th, [1:39:06] it will be in the morning in this room. Oh, [1:39:09] That's what Sylvia, yeah. [1:39:11] So Sylvia Vanek will be, no, [1:39:14] you should, you should say this. [1:39:16] So I I went to it. [1:39:19] She, she's the recently retired executive director of [1:39:23] Southern Southern Hampshire Planning, [1:39:24] Southern New Hampshire Planning Commission. [1:39:26] Very, very creative woman. [1:39:29] And the theory is that when you're looking at one of these, [1:39:35] the ledger size black [1:39:38] and white plans with all the little dotted lines [1:39:41] and squiggles [1:39:42] and whatnot, it can be a little hard to figure out [1:39:46] what actually they're telling you. [1:39:48] So her technique is to take all the important features [1:39:53] and color code them with markers, [1:39:56] literally coloring the plan. [1:39:58] The, the gradients, all those little, you know, [1:40:01] constant distance contour lines. [1:40:02] You could figure out where the steep slopes are, where, [1:40:04] you know, cars are gonna be rolling off the hill, you know, [1:40:08] where the wetlands are, the setbacks, the, you know, [1:40:10] the extent of roadways when you, when you go through [1:40:15] that discipline and you color up your plan set [1:40:18] and you bring it to the meeting, it just makes it [1:40:20] so much easier to ask good questions. [1:40:23] So I, I highly endorse it and it, [1:40:25] and it's fun to just color stress reliever. [1:40:29] Yeah. It's offered by OPD so there will be a cost for it, [1:40:34] but the planning department will handle the cost. [1:40:37] So encourage as many members who can [1:40:40] to plead, you know, attend, use black. [1:40:42] So I mean, it, it is also gonna be open to other planners. [1:40:46] It it will be. Yeah. [1:40:47] So we'll, we'll have a, potentially a larger audience, [1:40:52] but I think given that we ought to, we need to represent, [1:40:55] we need to have a good show up from our board for this. [1:40:58] Please. Yes, please. [1:41:00] I think the room can hold about 40 for that type of event. [1:41:04] Ooh. Okay. So thank you. [1:41:11] Somebody will be pinging you if you don't respond, right? [1:41:13] Yeah. Yes. That's all I have. [1:41:18] Are there board member comments? [1:41:25] Not that I can think of. Motion to adjourn? Second. Okay. [1:41:28] And we have a motion and a second to adjourn. [1:41:30] Those in favor say aye. A, you adjourned.