[0:02] Welcome to the Town of Dairy Planning Board meeting for

[0:06] September 2nd, 2026.

[0:10] Can you guys hear me? Check. Check.

[0:13] We start our meetings with a pledge of allegiance,

[0:15] so if you would please rise and join.

[0:21] I pledge allegiance through the flag

[0:23] of the United States of America to the Republic

[0:26] for which it today, one nation under God, individual

[0:30] with liberty Agenda justice

[0:32] For all.

[0:39] Well, we have an audience tonight, so I will go

[0:41] through the safety evacuation procedures.

[0:45] If there's an alarm of activation, please exit at the rear

[0:50] of the hall where you came in,

[0:52] or you may also use the exit to my right, to your left.

[0:55] That will unlock during an an alarm activation.

[0:58] However, the elevator will not be operable,

[1:00] so if you need assistance in leaving, please wait

[1:03] for first responders at this point.

[1:05] If you would silence all sorts of electronic devices,

[1:08] that would be greatly appreciated.

[1:13] The planning board voluntarily continues

[1:15] to offer remote participation.

[1:17] If any member of the planning board participates remotely,

[1:20] vote shall be by roll call.

[1:22] To attend this meeting from cyberspace using a computer

[1:26] or a smartphone, visit www.zoom.us.

[1:31] Enter meeting ID

[1:32] seven five four six six three nine one two.

[1:37] You may also call in by phone for audio only.

[1:39] Phone number

[1:40] (646) 558-8656.

[1:45] Same meeting ID 7 5 4 6 6 3 9 1 2.

[1:50] If you're having technical difficulty getting into the

[1:52] meeting, please call (603) 845-5585.

[1:58] If you're on the phone and you want to be recognized,

[2:00] please toggle star nine to raise your hand and stop.

[2:04] And star six

[2:05] to unmute yourself once you have been recognized,

[2:09] I will introduce the, the members

[2:11] and staff who are present tonight

[2:14] to my far right is our community

[2:17] development director, Ms. Donovan.

[2:19] Our alternates, Mr. Mousy. Good evening, Mr.

[2:22] Appleton and Mr. Young.

[2:24] Good evening, our planning director, Ms. Du. Good evening.

[2:27] Our planning clerk, Ms. Wilson Town Council

[2:32] Liaison, Mr. Chase.

[2:34] Good evening. Mr. Wood is absent tonight, so I would ask

[2:38] Mr. Young to seat for him.

[2:42] We have regular members. Mr.

[2:44] Menini, our good evening vice chair, Mr. O'Connor.

[2:47] Good evening. My far left is Mr.

[2:49] Venture who runs all the magical video

[2:51] that brings us to you in your home.

[2:53] We thank you our engineering coordinator, Mr. Foli.

[2:58] Good evening member. Mr. Fishman. Hello.

[3:00] Good evening, member Mr. Pier.

[3:02] Good evening town administrative representative, Mr. Ello.

[3:05] Good evening Secretary. Mr. Alibi. Hello.

[3:08] And I'm Dave Nelson. I'm the chair.

[3:15] First item of business.

[3:16] On the agenda this evening, we have a couple of items

[3:19] of escrow versus item number 26 dash 31

[3:22] for four Eden Street and 71 Birch Street.

[3:28] Okay. The developer is 71 Birch Street, LLC.

[3:34] The type is letter of credit, parcel id,

[3:37] location 2 8 0 0 1 and 2 8 0 0 2 4 Eden and 71 Birch Street.

[3:42] The request is to approve your release of letter

[3:45] of credit number 8 2 4 1 0 7 5 6 drawn on Haverhill

[3:50] Bank in the amount of $38,939 for the

[3:54] above noted project, and

[3:56] to request either a replacement letter of credit

[3:58] or other form of security in the amount

[4:00] of $1,972 and 25 cents.

[4:05] And I so move Mr. Chair. Second,

[4:07] Moved by O'Connor, second by Malibu to approve the release

[4:11] as presented in the discussion.

[4:14] Mr. Chase? Yes. Mr. Young? Yes. Mr. Vinni? Yes.

[4:18] Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. Pier? Yes. Mr.

[4:23] Ello? Yes. Mr. Alibi? Yes. Chair votes? Yes.

[4:27] Next item is 26 dash 32 for 75

[4:32] and a half Ford Way extension.

[4:35] Okay. This is the developer is Dreamcatcher Homes LLC.

[4:39] This is also a letter of credit parcel id.

[4:42] Location is map 21 lot 9 75 and a half Ford Way extension.

[4:46] The request is to approve

[4:48] or release of letter of credit number 8 2 4 6 8 2 3 4 drawn

[4:53] on Haverhill Bank in the amount of $24,719

[4:57] and 25 cents for the above noted project

[5:00] and request a replacement letter of credit

[5:02] or other form of security in the amount of $1,150.

[5:08] And Mr. Chair, I so move.

[5:10] Second. Moved by O'Connor, seconded by Malibu

[5:13] to approve the release as presented.

[5:15] Any discussion? If not, pull the board. Mr. Chase? Yes.

[5:19] Mr. Young? Yes. Mr. Min? Yes. Mr. O'Connor? Yes. Mr.

[5:23] Fishman? Yes. Mr. Pier? Yes. Mr. Chair Cello? Yes. Mr. Maby?

[5:27] Yes. And chair votes? Yes.

[5:30] Next before us, we have the minutes of August 5th, 2026.

[5:34] Has everyone had a chance to review them?

[5:37] Are there any errors or omissions?

[5:39] Mr. Chair, seeing nobody raise their hand, I'm gonna move

[5:43] to accept them as written. Second,

[5:46] Moved by O'Connor, seconded by Melody

[5:48] to approve the minutes of August 5th, 2026 as written.

[5:53] Mr. Chase, I

[5:54] Will abstain if that was not Present.

[5:56] Mr. Young? Yes. Mr. Menini? Yes. Mr. Connor? Yes. Mr.

[6:01] Fishman? Yes. Mr. Pier. I'll abstain. I was not present. Mr.

[6:05] Ello? Yes. Mr. Mabe? Yes. And the chair votes? Yes.

[6:11] We now have correspondence. Just

[6:14] One small item of correspondence.

[6:16] Mr. Chair, we have an email from the New Hampshire Municipal

[6:19] Association just letting us know that the September

[6:22] and October edition of Town

[6:24] and City Magazine is now available.

[6:26] Great. Thank you. Moving on to other business.

[6:32] First item is second extension, request

[6:34] for parcel ID

[6:36] 0 5 0 6 2 0 5 0 6 3 0 5 0 6 4

[6:42] and 0 5 0 6.

[6:43] Five dash 0 1 1, 2, 3, and four Humphrey Road.

[6:49] Okay, so the planning board approved a mixed use site plan

[6:52] for the Butterfield revocable trusts

[6:54] and Humphrey Road LLC on September 18th of 24.

[6:58] The board also granted a request to extend the deadline

[7:01] to meet the conditions of approval

[7:02] to September 18th of this year.

[7:05] The applicant has secured the required state approvals

[7:08] related to the realignment of Humphrey Road

[7:10] where it intersects with North Main Street

[7:12] and the applicant is requesting a second extension

[7:15] for an additional 12 months

[7:16] to finalize the remaining conditions precedent,

[7:19] which include owner's signature on the final plan set,

[7:22] which actually have been secured establishment

[7:25] of construction escrow for the project

[7:27] and the onset bounds, the GIS disc submission

[7:31] and the submission of the fair share contribution

[7:33] for the future signal improvements at Webster's Corner.

[7:36] We did receive the final plan sets

[7:39] and those are in the office at this time.

[7:42] So the recommendation is to grant up to a 12 month extension

[7:45] of the approval, and if it is 12 months,

[7:47] the new expiration date would then be September 18th of 27.

[7:52] Mr. Chair, I'll move that motion to grant up

[7:56] to 12 months extension of the approval

[7:58] and the new express expiration date will now be September

[8:02] the 18th, 2027. Second.

[8:05] Okay. It's been moved to grant a 12 month extension

[8:09] by O'Connor, seconded by alibi.

[8:11] Any discussion? Yes. Mr. Chase?

[8:14] One other thing that the Applicant

[8:17] Has secured is last night the council did accept the

[8:21] easements for the realignment of Humphrey Road.

[8:22] So that's all been set aside also.

[8:24] Yeah. The drainage easement. Excellent, thank you. Yeah.

[8:27] Okay. And now while you've got the the floor,

[8:29] what's your vote on this?

[8:30] Yes. Mr. Young. Yes. Mr. Menini? Yes. Mr. O'Connor? Yes.

[8:36] Mr. Fishman? Yes. Mr. Pelletier? Yes. Mr. Ella? Yes. Mr.

[8:40] Maby? Yes. And chair votes? Yes.

[8:45] Next item is, is facade improvements

[8:48] for parcel ID 3 5 0 1 4 dash

[8:51] 0 0 5 20 Folsom Road.

[8:55] Okay, so the Messina have asked to

[8:58] have the board take a look at a change to the color

[9:02] of the siding at 20 Folsom Road for royalty car wash.

[9:06] And they'd like to also add an architectural element

[9:08] to the bottom section of the building.

[9:11] You do have a rendering, which

[9:16] it printed out a little dark.

[9:17] It is, it is a dark gray. It's not pavement gray.

[9:21] So hopefully you were able to see

[9:23] that better on your digital packets.

[9:26] So the board does have the authority in the land development

[9:30] control regulations to review changes

[9:32] that affect the exterior of a building,

[9:35] specifically alterations

[9:37] to structures within the industrial two zoning district

[9:40] would have a medium high level of compliance

[9:42] with the regulations in that particular section.

[9:46] 1 70 86 F eight.

[9:47] It speaks to the color of a building

[9:49] and it states subtle colors are appropriate on larger

[9:52] cleaner buildings where smaller buildings

[9:54] with more detailing can more effectively incorporate the

[9:58] brighter colors, which normally should be

[10:00] limited to accent areas.

[10:02] So the board is being asked to review this change to the

[10:06] exterior of the building and make a finding of fact.

[10:12] Any, any questions on this?

[10:15] So we have findings of fact

[10:17] and then is there a motion to approve as well or

[10:20] It would be the findings of fact?

[10:22] I guess we'd move to move to find the following facts,

[10:25] I guess because it's the architectural design regs. Okay,

[10:29] Very good.

[10:31] Who would like to make that motion?

[10:33] Mr. Chair? I move to review of the proposal.

[10:36] The board finds the proposed facade renovation

[10:38] of Royal T Car Wash PID 3 5 0 1 4 dash

[10:43] 0 0 5 20.

[10:45] Folsom Road is appropriate

[10:47] for the industrial two zoning district

[10:49] as the proposed change demonstrates overall compliance

[10:52] with the architectural design regulations.

[10:55] The proposed change does not detrimentally affect the nature

[10:59] of the surrounding uses, the style

[11:01] of the surrounding buildings

[11:02] or the special feature of historic cultural

[11:05] or community interest in the vicinity of the project.

[11:08] The proposed color gray in the addition of full granite

[11:14] along the bottom of the facade is appropriate

[11:16] for the neighborhood in the district.

[11:18] And ISO move second,

[11:20] Moved by O'Connor

[11:22] and seconded by Malibu to make finding findings

[11:24] of fact finding the proposed changes acceptable.

[11:28] Any discussion Mr. Chase?

[11:31] How can I say no? It has granite.

[11:33] Yes. Fall granite though,

[11:37] but still, but still Mr. Young?

[11:39] Yes. Mr. Menini? Yes. Mr. O'Connor.

[11:43] I will go along with Mr. Chase and

[11:45] because of the fo granite being there, that's wonderful.

[11:48] Okay, Mr. Fishman? I concur. Yes. Mr. Pier? Yes. Mr.

[11:53] Ello? Yes. Mr. Maby? Yes. Chair of votes? Yes. Yes.

[11:56] I think it looks very nice. Thank you.

[11:59] And then the final item

[12:01] of other business is architectural design review

[12:05] for a sign in the traditional business overlay district

[12:08] for parcel ID 3 0 0 5 1 16 minute Manning Street.

[12:13] Okay, you guys have heard me say the same

[12:16] paragraph over and over again.

[12:17] So I'm just gonna summarize the town

[12:19] of dairy zoning ordinance, section 1 65 1 0 1 5 A one Q

[12:24] requires that all new signs proposed in the traditional

[12:26] business overlay district district be reviewed

[12:29] by the planning board prior to the issuance

[12:31] of a signed permit.

[12:34] The applicant is proposing signage

[12:36] as noted on the attached exhibit code enforcement

[12:40] and I did review the size of the sign.

[12:43] So total sign above the unit is 14.25 square feet,

[12:49] and the applicants are permitted to have one square foot

[12:53] of sign per one linear foot of road frontage.

[12:56] The aggregate total of all signs

[12:58] for business in the TBOD cannot exceed

[13:00] or for a business cannot exceed 50 square feet.

[13:03] This request does meet the zoning requirements

[13:05] for signs in the TBOD.

[13:07] They're currently operating at 16 Manning Street Unit 1 0 1.

[13:11] I did have this, So the recommendation

[13:13] would be to approve.

[13:17] Okay. Thank you. I I momentarily lost my presentation. Mr.

[13:22] Malise, any questions on this one?

[13:27] What is the board's pleasure

[13:28] Mr.

[13:29] Chair? I move pursuant to the town

[13:31] of dairy zoning ordinance Article 12 signs section 1 65 dash

[13:36] 1 0 1 0.5, signs in the TBOD

[13:39] to approve the sign designed, presented for on the road

[13:43] to Wellness Parcel 3 0 0 5 1 16 Man Street

[13:49] Unit 1 0 1 as presented.

[13:51] The board finds the sign is compatible

[13:54] with the surrounding buildings,

[13:55] meets the regulations contained in the ordinance

[13:58] and compliments the surrounding architecture

[14:00] and ISO move second,

[14:03] Moved by O'Connor, second by alibi

[14:06] to approve the package as presented.

[14:08] Any discussion Mr. Chase? Yes. Mr. Young? Yes.

[14:13] Mr. Menini? Yes. Mr. O'Connor? Yes. Mr. Fisherman? Yes.

[14:18] Er Yes. Mr. Chair? Yes. Mr. Maby? Yes. Chair votes? Yes.

[14:23] Great, thank you. And that moves us on

[14:27] to planning director and chairman updates.

[14:31] I have three items for you this evening, just

[14:33] to let everyone know that the CBD changes

[14:37] to the zoning ordinance go into effect tomorrow.

[14:40] So that has all been published.

[14:42] It's available on the website.

[14:43] Now if you would like, that's for the zoning ordinance

[14:48] and the LDCs.

[14:49] So if anyone would like hard copy of those

[14:52] and you want the the Bound book,

[14:54] if you could please email Caroline.

[14:56] Otherwise we'll assume you're gonna content

[14:59] yourself with a digital version.

[15:02] We do not have any plans submitted for the

[15:06] September 16th meeting.

[15:07] It's just administrative business.

[15:09] So if you would like, I can maybe bring

[15:15] some of the draft changes back to the board

[15:19] for a first look on the changes

[15:22] that went into effect on July of this year

[15:25] for the state legislature.

[15:26] That's up to you if you want me to prepare

[15:28] That.

[15:29] Yeah, I think let's take advantage of that,

[15:30] that quote unquote downtime in order to get some of

[15:32] that workshop work done.

[15:34] Okay. And then

[15:39] Let me write that down so I don't forget.

[15:40] Okay. Oh, and I'm sorry, actually four things.

[15:42] So the third thing is there, just a reminder that the,

[15:47] the how to color your plan class, I forget

[15:51] what the actual title is, will be on September 25th.

[15:56] And if there are any members who would like

[15:58] to attend that is during the day.

[16:00] It's like eight 30 to noon on Friday, the 25th.

[16:03] It will be here. If you do wanna attend,

[16:06] please let Caroline know so

[16:07] that we can sign you up for that.

[16:10] And I did want to let the planning board

[16:12] and the general public know that as of today,

[16:15] the planning department has gone digital

[16:18] with planning department and planning board applications.

[16:22] We are using the gov well platform.

[16:25] So for zoning board applications

[16:27] and for planning board applications, including TRC, change

[16:31] of Use, things of that nature will all be done

[16:33] through the gov well platform.

[16:35] And so that's live, we're,

[16:38] we're excited to see how that works.

[16:39] It will not change how you receive

[16:42] or get your information,

[16:44] it's just a new change for the applicants.

[16:46] So what, what's the name of it again?

[16:48] Gov. Well What? Yeah.

[16:53] Yeah. I get just a quick question.

[16:55] So will, will septic plans be on that site?

[16:58] Not at this time. At this time it's just planning,

[17:02] planning department and planning board applications.

[17:04] Okay. Zoning board applications,

[17:05] which include equitable waivers,

[17:07] special exceptions and variances.

[17:09] Yeah. And then we'll be moving to health permits.

[17:12] Following that we will go to special requests, which would

[17:17] otherwise known as complaints

[17:19] for the code enforcement office.

[17:20] And then we move on to building permits

[17:22] and then fire prevention permits.

[17:23] Okay. So it's all phased in.

[17:25] It's being all phased in.

[17:26] We're doing module at a time so that we can make sure

[17:29] that when it gets to the public it's fairly seamless

[17:32] and we've ironed everything out. Yeah.

[17:33] Yeah. I was actually, just as a side note, I was surprised

[17:36] that the town of Hollis has a lot of stuff online.

[17:41] I didn't have to go down to the town to pick up

[17:43] to look at the packets, which is great. So

[17:46] Yeah.

[17:47] Yeah. So it will, it will be nice

[17:48] because the, once we're live

[17:50] and we transition everything over from permit eyes,

[17:53] the public will have be able to have some access to some

[17:56] of those files without having to come in.

[17:58] Good. I'm done.

[18:00] And that's it. So I had something to say,

[18:03] it's not technically related to the planning board,

[18:05] but since I wear another hat is the Dairy Town moderator,

[18:09] I wanna remind everyone that

[18:11] we have an election coming up on September 8th

[18:14] and I wanna see a lot of people there.

[18:17] So there's my public service announcement. Thank you.

[18:22] Next item is our public hearing for Bird Enterprises.

[18:26] LLC for parcel ID

[18:28] 1 0 0 1 2 180 7 Hampstead Road.

[18:32] Okay, thank you. So Bird Enterprises purchased the

[18:36] property located at 180 7 Hampstead Road,

[18:38] which was the former Holy Cross Church.

[18:40] Della Hunte Garden and Landscape Center relocated from

[18:43] Wyndham to this location.

[18:44] And the former church has been renovated

[18:46] to create an indoor youth sports training facility known

[18:49] as Northeast Elite Athletics.

[18:52] The property is located in the LMDR Zone.

[18:55] Water service is supplied by puck.

[18:57] The planning board approved the site plan in 2025. Oh.

[19:02] And actually will be able to pull

[19:03] that up on the overhead for you.

[19:05] Yeah. Okay. Okay. On that plan,

[19:08] the board approved material storage

[19:10] and pickup areas, stock areas, parking for company vehicles

[19:13] and or equipment storage In associated parking.

[19:16] The applicant has expanded uses on the lot in changes from

[19:19] the approved plan in 25.

[19:21] Include the retail display areas

[19:24] outside the main building entrance have been discontinued 10

[19:27] by 20 storage container was added behind the building.

[19:30] 133 a Friday were added along the perimeter of the northeast

[19:35] and south sides of the property.

[19:36] To address staff concerns

[19:38] that a residential buffer had been removed.

[19:41] There's been an addition of stock area to either side

[19:43] of the training facility

[19:44] and in the landscaped islands to the left

[19:46] of the main entrance equipment storage area is now a

[19:50] nursery stock area.

[19:52] A shed greenhouse

[19:53] and a 10 by 20 storage container have been added

[19:55] near the rear of the lot.

[19:57] The check-in shed was removed and a dumpster added.

[20:00] And it appears that the tree line on the right hand side

[20:02] of the property adjacent to the wetlands had been removed.

[20:06] There was concern that stock was being placed in wetland

[20:09] buffers and treatment swales.

[20:11] And during the August 29th of 25 TRC meeting,

[20:14] it was stated the wetlands were flagged when the property

[20:16] was first developed as a church.

[20:18] In 1999 recently Della Hunting,

[20:21] Della Hunting nursery in North Elite

[20:24] Elite Athletics moved on to the site and Mr.

[20:26] Yco had the wetlands re delineated by Thomas Slosky,

[20:31] who's a certified wetland scientist.

[20:32] It appears that about half of the area deemed

[20:35] to be wetlands in 99 is no longer considered to be wetlands

[20:39] and therefore the proposed site plan amendment was

[20:41] for a 14 foot path to allow access to that upland area

[20:44] for storage of nursery stock and trees.

[20:47] The storage area is wooded

[20:49] and will remain so to conserve water

[20:51] nursery stock would be moved by hand or by a skid steer.

[20:54] And that 14 foot path is now shown on the plan

[20:58] as a nine foot wide mulch path.

[21:01] The existing sign location is shown on sheet two.

[21:04] I would note that as this project is located in a

[21:07] residential district,

[21:08] the ZBA has jurisdiction over the size of the sign.

[21:12] The police department had a concern that the stock area

[21:15] to the front of the parcel could

[21:17] interfere with site distance.

[21:18] For those exiting the property stock should be situated so

[21:21] that it's set far enough back so as not

[21:23] to impede site distance.

[21:26] Couple additional items of note.

[21:29] The nursery use

[21:31] as a reminder is agriculture in agricultural in nature.

[21:34] Under the definitions in the state statute,

[21:37] you do have pictures in the packet

[21:39] provided by the applicant with their application.

[21:42] Two letters of support were provided by the applicant today

[21:45] and those were added to your packets.

[21:47] There are no waiver requests

[21:49] and the recommendation would be for the board

[21:51] to discuss the proposed changes to the site

[21:53] and make a determination with regard to regional impact.

[21:58] I believe we did address that at the last hearing.

[22:01] So where this is really just sort of an amendment,

[22:04] I'm not sure it would be at the board's pleasure if they

[22:06] want to take that step or not.

[22:15] And Mr. Yco is here in

[22:17] And Chris Recher, counsel for Mr.

[22:20] Unco outta

[22:22] KY Manchester.

[22:23] Let's see. We're, we're out on the, so

[22:27] is everyone ready to make a motion on jurisdiction?

[22:31] Mr. Chair move to accept jurisdiction

[22:33] of the amended site plan application

[22:35] before the board for Bird Enterprise BID

[22:39] 1 0 0 1 12.

[22:42] 180 7 Hampstead Road.

[22:45] Second, moved by O'Connor, second by EE

[22:47] to accept jurisdiction.

[22:49] Mr. Chase? Yes. Mr. Young? Yes. Mr. Miny? Yes. Mr. O'Connor?

[22:54] Yes. Mr. Fishman? Yes. Mr. Palantier? Yes. Mr. Ello? Yes.

[22:58] Mr. Maby? Yes. Chair votes? Yes.

[23:02] And on the determination of regional impact,

[23:06] Mr.

[23:07] Chair, pursuant

[23:09] to RSA 36 56, the board finds the proposal

[23:14] as presented at this time meets the definition

[23:16] of a development of regional impact.

[23:19] Second, moved by O'Connor, seconded by Alimy

[23:22] to determine regional impact.

[23:23] Mr. Chase? No,

[23:25] This is a minor site plan amendment

[23:26] and it does not meet the definition of a

[23:28] Regional impact.

[23:29] Mr. Young? No. For same reasons. Mr. Menini? No.

[23:33] For the same reasons Mr. O'Connor?

[23:35] I'll concur. My fellow members.

[23:38] Mr. Fisherman? No. For the same reasons. Mr. Pier? No.

[23:41] For the same reasons. Mr. Ello? No. For the same reasons.

[23:44] Mr. Maby? No.

[23:45] For the same reasons she will vote no for the same reasons.

[23:49] Can I have a motion to open the public hearing? So moved.

[23:51] Second. Moved by Church Cello second by Maby

[23:55] to open the public hearing.

[23:56] All those in favor say aye. Aye. Opposed? Nay.

[23:59] Public hearings open. Gentlemen,

[24:01] you can give us your executive summary please.

[24:04] Sure. Just for the record, Ms.

[24:05] Chair, my name's Chris Drescher.

[24:06] I'm counsel for the applicant here and attorney outta Corbis

[24:10] and Zelensky in Manchester.

[24:11] And I will turn it over to Mr. Yco.

[24:14] Thank you. Would you like me to read the executive?

[24:17] Just speak to what I think Ms.

[24:19] Ow said it all,

[24:21] but anything that you would like to highlight to us,

[24:24] we would be very happy to hear.

[24:26] Absolutely. So First plan I one. Thanks.

[24:29] Yes, thank you Mr. Chairman. Board.

[24:31] So Jayco, 180 7 Hampstead Road.

[24:35] I'm the owner of Bird Enterprises

[24:36] and both businesses within that, that, that building.

[24:40] I came before you roughly about a year ago

[24:42] to talk about similar items to today.

[24:44] Since that time we've moved in, we've kind

[24:46] of established ourselves, if anyone's in the area

[24:48] and driven by, you've seen that we've, you know, been able

[24:50] to clean up the property and,

[24:51] and start to conduct business there with both our,

[24:53] our nursery and our indoor sports facility

[24:58] with the additions, like any moving

[25:02] or, you know, people have moved into homes and so forth.

[25:04] You know, there's been some minor adjustments

[25:06] that we've need to make throughout that time.

[25:07] So I come before you today

[25:09] to present those minor adjustments.

[25:10] I believe that Ms. Roberto went through those.

[25:13] There's some, there's some items

[25:15] that we've removed or taken away.

[25:17] We had originally had approved a shed out front

[25:20] that was like a check-in.

[25:21] Shed a 10 by 12 shed. We're not doing that.

[25:23] So that's, that's not out by the road any longer.

[25:26] Again, if you've driven by we're approved

[25:27] to have nursery stock out by the road.

[25:29] I know that, you know, it was one of the comments by,

[25:31] by police that you know, nothing be, you know,

[25:36] obstruct the, the site vision.

[25:37] We actually haven't anything by the

[25:38] road since we've moved in.

[25:39] We've kept it clean because it, it,

[25:41] it shows the building and shows us there.

[25:43] So we haven't really put anything out there

[25:45] anyway in that time.

[25:47] We've, we've added a couple storage units and so forth.

[25:50] I guess on the original plan, we missed the dumpster.

[25:53] I don't know, I guess we didn't think we were gonna have any

[25:56] trash and it didn't get put on.

[25:57] The dumpster is hidden behind the building.

[25:59] So it's, it's not visible. I just wanted to clarify that.

[26:02] 'cause on your, on the plan, it says a, a storage unit,

[26:06] the shed out front was being

[26:08] removed and replaced by a dumpster.

[26:09] It's, it's being replaced on the property by a dumpster,

[26:11] but the dumpster isn't visible from the road.

[26:13] It's around, tucked around back,

[26:16] and any of the addition of the sheds are all hidden by, by,

[26:19] you can see up on your, your small visual

[26:21] or up on the screen there, anything

[26:23] that's is hidden all the way at the back

[26:25] of the property from the, from the road

[26:27] or hidden behind a building and so forth.

[26:30] So we've, we've kind of been conscious of that.

[26:33] We've added a few spots that will keep our, you know,

[26:35] containers, nursery stock and so forth.

[26:37] But the, the issue, I really come

[26:38] before you today that that struck this to be,

[26:41] to be brought up in any way.

[26:43] Come back before you, is this the proposed tree

[26:45] and shrub storage area?

[26:48] I did have the wetlands delineated from the time from 1999.

[26:53] I'm not a wetland scientist, so I can't speak to that.

[26:55] But, you know, things changed slightly.

[26:57] There's an opening space that that,

[26:58] that showed no wet vegetation and whatnot.

[27:01] So they re delineated that.

[27:03] I, I know it was, was stated in the, in the reading

[27:05] that this became a drier area.

[27:07] The, the area I'm, I'm asking to use was always dry.

[27:11] That was never something that was ever wet.

[27:13] It's just where that little red path crossed that 14

[27:17] or 16 foot session section.

[27:20] The thought by the wetland scientist

[27:21] and my engineer is that when they did this

[27:23] with the church originally, they just,

[27:25] it was never thought to be used.

[27:26] So it just, it was made sense to just,

[27:28] that's the way they delineated it.

[27:29] But it probably was never a wetland.

[27:31] And they, when they re delineated, they found

[27:33] that there was an area there because the stream actually

[27:36] flows around when,

[27:37] when there's actually water only in the spring

[27:39] for the most part flows around the backside of that on the,

[27:43] if you're looking at it, the

[27:44] right hand side of the property.

[27:46] So that's the area I'm proposing to use.

[27:48] I know we had some questions back a year ago about,

[27:51] you know, the plants and, you know, if we fertilized

[27:54] and I answered all those questions, I can refresh you

[27:57] to those, but I don't wanna bore you to tears.

[27:59] Nothing has changed on that.

[28:01] I'm just, I'm just increasing that footprint

[28:04] by the amount shown there of

[28:06] what I already was approved for a year ago.

[28:08] So there's really no, nothing has changed.

[28:11] We're gonna be, we're not building structures out there.

[28:13] We're not, we don't have any roadways out there.

[28:16] There's nothing to that extent. No power, no utilities.

[28:20] It's, it's, it's a simple use of the current land there.

[28:24] And one of the, one of the reasons why I actually had the,

[28:28] the paper map is I just wanted to note

[28:30] and one last thing is I think if you could scroll down

[28:33] or up to see the front of the property.

[28:36] So when it, when we originally came before you

[28:38] before on the front above where it says bulk storage area

[28:43] closest to, to Hampstead Road, I proposed,

[28:46] I think at the time was 28 arvid to buffer that area,

[28:49] which already has a huge buffer from

[28:51] the just natural buffer.

[28:53] But I proposed to do 28 Arbor Bides

[28:56] being in the business of selling plants.

[28:58] I deal with growers

[29:00] and farmers all the time that, you know,

[29:02] might have deals for me.

[29:03] So I went ahead and bought 130 plants from them and deal

[29:07] and, and ran them all along the side there to,

[29:10] to help the neighbors there

[29:11] and kind of just buffer the whole area proactively.

[29:15] We did clean up a lot of those areas on both sides.

[29:19] You know, there was some, some thoughts of, of cutbacks.

[29:21] A lot of it is just underbrush or saplings that we cut back.

[29:25] We did on the, that the driveway side there,

[29:27] take down some trees that were dead that we,

[29:31] we felt needed to be done.

[29:32] But nothing in the wetland area whatsoever.

[29:35] Just, just in the, in that, that area

[29:38] that's delineated there.

[29:40] But what I wanted to show is that, that the area I'm,

[29:43] I'm proposing to put additional stock is along this side.

[29:47] I already have all of the lime green areas approved prior.

[29:51] The two letters you see in your packet

[29:54] are my largest abutting neighbors

[29:56] and closest abutting neighbors.

[29:59] This entire side here Okay.

[30:04] Is one of the letters that you have

[30:05] in your, your packet there.

[30:07] So could you grab that wireless mic so that we Oh, get you

[30:11] for the record and for the TV audience.

[30:14] Thank you. And now just pull, use the clip I think,

[30:18] oh well we'll fix that one.

[30:20] Sorry,

[30:23] Can you hear me?

[30:24] Is that on? It's on. Okay.

[30:25] So what I was basically saying for everyone at home is the,

[30:29] the two, the, the two letters you have in your packet

[30:32] of support that I, you know, I i if you read fantastic.

[30:35] If not, take a peek at those. They're the closest neighbors.

[30:39] This, this, this woman here, Rebecca has home,

[30:42] I don't think it's shown on this map,

[30:43] but literally right in this area.

[30:45] She's our closest neighbor.

[30:46] She showed a letter of SU support.

[30:49] I'd appreciate if, if it was either read into the record

[30:51] or you could, you could read that.

[30:52] And then the other letter is for this, this line in this,

[30:56] the other folk folks there.

[30:58] Okay. That went all the way down.

[31:00] That is, that is their lot line to me too.

[31:05] It goes all the way from the front to the back

[31:07] and this is the area that I'm, I'm looking to use.

[31:09] So both, both folks are in full support of

[31:12] what we're trying to accomplish here.

[31:14] Alright. Happy to answer any questions.

[31:17] If there's no objection, then we can ask

[31:20] that those two letters be transcribed into the record.

[31:26] Are there questions from members of the board first?

[31:29] Yeah, I have a question. I

[31:33] correct me if I heard this.

[31:34] I, I wanna make sure that I heard it correctly.

[31:37] So at one time the area where the trees

[31:40] and shrub were, were delineated as wetland,

[31:44] but now it's changed what?

[31:46] It was like a vernal pool.

[31:47] Is it just like a, does does the topo just slope

[31:51] off and it No,

[31:52] No.

[31:53] I think that's just either a misunderstanding

[31:56] or a misreading or,

[31:57] or misrepresentation in some way that, that proposed

[32:01] where it says the sign right there that says proposed tree

[32:04] and shrub storage area, right in that whole area,

[32:07] right there is an upland.

[32:09] It's, it's, it's always been an upland.

[32:11] It's never not been an upland. It never on any map.

[32:15] But it's sloping down, correct? It is.

[32:17] Okay. Well it's flat

[32:18] but it's, it's raised, I mean it has

[32:20] to slope at some point to get to the water.

[32:22] Yes. Yeah. But part of the, if you, if you read onto some

[32:25] of the notes from TRC, part of it is to, to go

[32:29] around the entire perimeter of it just as a extra barrier

[32:32] to put in some drainage if you will. Yeah.

[32:37] And then I'm, I'm gonna assume,

[32:39] or maybe I shouldn't assume

[32:41] that we looked at a hundred year floodplain

[32:43] and 500 year flood plane.

[32:45] It doesn't affect that area at all. It's

[32:47] Not, I don't know about that on the plan.

[32:49] I'm sorry. The flood there, this area,

[32:51] this lot is not in a floodplain.

[32:54] Okay. But you got wetland on the,

[32:55] there's bottom line, right?

[32:57] So yeah, there's just a lot of wetland on it.

[33:00] So there, the wa the water goes from the other side

[33:03] of the road, like wishing well side

[33:04] and then comes under the road

[33:06] and then down through this parcel toward to the back.

[33:09] Okay. Yeah. But, but if I, yeah.

[33:12] Went to the GIS map

[33:14] and I clicked on the hundred year floodplain, what happens

[33:18] It, this should not be in the hundred year floodplain.

[33:21] Okay. To best of my knowledge. Yeah.

[33:23] Alright. And those are,

[33:27] those are plantings that you sell?

[33:29] They're not planted in the ground there? That's correct.

[33:31] Plantings that we sell, They balled

[33:33] up. Right. And you sell either

[33:34] Bald and burlaps or they're in containers. Yep.

[33:37] Okay. Alright, thank you. Any other questions from the

[33:40] board to start Mr.

[33:41] Moy? Mr. Yco? Yes.

[33:44] Where your proposed spot is

[33:46] where you're putting your plants and shrubs?

[33:47] Yes. All that blue area that's going around that Yep.

[33:51] Though I'm assuming that's wetland, correct? That's correct.

[33:53] Yeah. Will there be increased foot traffic

[33:55] or will there be increased bobcat traffic

[33:58] getting your shrubs

[34:00] Not in, in that area? Not in that area, no.

[34:02] Okay. No. So I was just worried about what, I mean

[34:04] that traffic is gonna impact that a

[34:08] Little bit.

[34:09] We won't, it it's designed specifically

[34:11] and approved specifically to only cross

[34:14] but high-end dry land, either by foot

[34:16] or by small machine. Okay.

[34:19] That was my only question. Thank you.

[34:21] Okay. Any other initial questions from the board?

[34:25] Is there any member of, of the public who has comments

[34:27] or questions, either in the audience or remotely,

[34:37] Mr.

[34:38] Chair received none. Rise online.

[34:39] Oh, I see a hand or two.

[34:43] So gentlemen, Mr.

[34:46] Card, why don't you come up and use the, the portable mic

[34:48] so these guys can sit where they are

[34:50] and I'd like to, you know, have them answer your questions

[34:53] as you raise them as opposed

[34:54] to at the end of the whole session.

[35:09] Tom Cardin, two cunning. Is that on? Okay.

[35:12] Tom Cardin, two Cunningham.

[35:13] Do I have, I have a couple questions here.

[35:15] The, the first one is, is the wetlands.

[35:20] 'cause I noticed on the GIS map, I did see some wetlands.

[35:23] Did you say you saw some on there too, Brian?

[35:25] No, no. I, I just wanted to know if it was in a,

[35:27] in a hundred year floodplain, because you can go onto GAS

[35:31] and, and see the map

[35:32] and click on the little icon

[35:33] to see if it is in the a hundred or 500 year

[35:36] Flood.

[35:37] Yeah, I, I did see a little bit of, of wetlands there

[35:39] and you know, I mean I,

[35:40] I live about a mile down the, down the road.

[35:43] So I know one of the things about the, the wetlands, I used

[35:48] to have a, a large area of my lawn that I couldn't,

[35:52] I couldn't really mow until like August or September

[35:56] because it was wet back there.

[35:57] But that hasn't been wet there the last couple

[35:59] of years indicating

[36:00] that obviously the water level has gone down.

[36:03] So, you know, again, I'm just concerned about, you know,

[36:07] where the, the, where the proposed shrubs and trees are.

[36:12] There's no wetlands in there at all.

[36:15] Is that true? Is that what I heard?

[36:18] That's correct. That's, I had, that's, I had the entire

[36:21] area re delineated by a, a scientist.

[36:23] Okay. I I don't, I don't claim

[36:25] to be a wetland scientist. Yeah,

[36:26] No, I I I know Now is, is that something that has to be

[36:30] looked at by the Conservation Commission or?

[36:33] Well, if, if they wanted to, I guess they would've,

[36:36] It has been address.

[36:38] So Tom, the way this

[36:40] works is wetlands are delineated not simply by water,

[36:43] they're delineated by the types of soil

[36:46] and the types of plants that are growing there.

[36:48] Okay. And while the water may dry up in a season, the plants

[36:52] and the soil don't change.

[36:53] So I presume that, that your wetland

[36:56] scientist looked at all of those factors?

[36:57] Yeah, he, he, he looked at different plants

[37:00] that are in the ground, things

[37:02] that were there, things that had died off.

[37:03] And they also take core samples.

[37:05] So, you know, there's no like filling a wetland.

[37:07] It goes, they, they take core samples, I don't know, 12,

[37:10] 18 inches down so it can look at the soil over

[37:13] I guess a lot of years.

[37:15] Okay. Alright. And the, the water is from Pancho now is,

[37:19] is that well water

[37:20] or is that brought in from Manchester Waterworks,

[37:25] Pench water town Chu Yeah,

[37:28] Town water, I guess. Yeah.

[37:29] Well, town, well, I mean,

[37:31] because you know, again, I, I live over in that area.

[37:34] I have, I have chu

[37:36] and there's 105 houses in my area

[37:41] and we have like two, two separate wells.

[37:44] They're close to one another.

[37:46] And they originally were pumping

[37:49] probably about five years ago, three,

[37:50] four gallons per minute for, for the wells, for both of 'em,

[37:54] for each one.

[37:55] So it was like, you know, 68, 68 gallons per minute.

[37:59] Now we're, now it's down to 34 gallons per minute.

[38:03] So I'm just concerned about the water use.

[38:06] So let me see if I can clarify this.

[38:08] You're concerned that the additional plants will need

[38:12] to be watered and that will cause additional water draw?

[38:14] Yeah. Correct. Yeah, yeah. That's my question.

[38:16] Anyone hear from public Works happen to know which section

[38:19] of the town of dairy water system this property is on?

[38:24] I do. Okay.

[38:26] They are on the extended dairy water supply system at Wind.

[38:30] When, when water was expanded up Stead Road,

[38:34] it tied into the chu system near Olson, which terminates,

[38:38] actually, I believe their hydrant on their

[38:40] property is the last one on the line.

[38:41] Think that's so it it, it sources from Pench,

[38:44] not from Manchester Waterworks? No.

[38:46] It dairy is both correct?

[38:48] Both it's tied into the Manchester Waterworks via

[38:50] the dairy water system.

[38:52] Okay. But backed up. So it's not coming from Wells,

[38:58] It's coming from Manchester Waterworks.

[39:00] Yes. Okay. Yeah, that was right. I I kind of figured that

[39:02] That's what we were gonna ask.

[39:03] Yeah. Great. Thank you. Answer that. Okay. That's correct.

[39:05] Yes. This trails the only, you're, you're nodding your head.

[39:06] That is correct. Yes. Okay, thank you. Yeah,

[39:09] 'cause that's, I mean, I'm concerned about water up in my

[39:11] eyes, never concerned, but I certainly am now.

[39:14] And how many trees

[39:16] and shrubs are approximately gonna be

[39:18] there at any given time? I know it's a,

[39:21] That's a loaded question to be honest. I I, well,

[39:24] I, I know just to give an

[39:25] estimate and I will hold you to it. A couple hundred.

[39:27] Huh? Couple hundred maybe.

[39:28] Okay. Yeah. Ubs, that's, that's my question. That's all.

[39:30] Thank you very much. Thank

[39:32] You.

[39:33] Someone else had their hand up please.

[39:35] Yeah, come on up and, and use the, the portable mic

[39:37] and we'll get your questions answered.

[39:43] Andrew Roja 1 64 Hampstead Road.

[39:46] It appears that the new area is actually an island kind

[39:50] of surrounded by wetlands.

[39:52] And I understand Mr.

[39:53] Yco has indicated that they don't use fertilizers.

[39:56] Is that correct, Mr. Yco? That's

[39:58] Correct.

[39:59] Okay. But do any of your suppliers,

[40:01] 'cause you buy wholesale, so how do we know

[40:04] that these large balls of shrub don't have

[40:08] fertilizers in them and these, if they do exist,

[40:11] are most certainly gonna run into wetland

[40:13] 'cause it entirely surrounds this?

[40:15] That, that would be my question.

[40:18] Okay. Thank you. Yeah, so I believe Mr. Rose

[40:21] was probably at the first meeting too.

[40:22] I'm not a hundred percent sure when I was here.

[40:24] And I did go through the whole process of, you know,

[40:27] what growers do as far as what they're regulated to do with,

[40:31] through the, you know, the United States Department

[40:33] of Agriculture, they're not allowed

[40:35] to ship balding burlap trees that have,

[40:37] haven't have been fertilized

[40:38] within a certain amount of time.

[40:40] So when they show up to nurseries and garden centers like us

[40:43] and then are replanted in people's yards, they're free

[40:46] of those fertilizers.

[40:47] They can fertilize up until that time.

[40:48] But everything dissipates over time.

[40:51] Just like a chemical leaves your body over time.

[40:53] Same thing with a tree. That process is, is regulated by the

[40:58] US Department of Agriculture nurseries are checked,

[41:01] I get certifications with every load of nursery stock,

[41:04] whether it be a small one gallon pl plant or a tree.

[41:08] That that's, that's true in certified,

[41:12] the smaller plants come in, come

[41:14] with the container plants come with a slow release tab.

[41:18] In those plants, if you've ever purchased one,

[41:20] you saw they look like a bunch of, I don't know, nerds,

[41:23] nerd clusters, if you will, inside the plants.

[41:26] Those are designed, I went through this last time

[41:28] and handed out some paperwork.

[41:29] Those are designed to only release when the, the temperature

[41:32] of the soil is above, between 75

[41:35] and 80 degrees for a period of 20 to 30 days or longer.

[41:38] So if you buy the plant from us,

[41:40] nothing has happened with that fertilizer.

[41:42] It just sits there until it actually is planted in the soil.

[41:45] The ground becomes warm throughout the summer.

[41:48] And then in New England, it almost, it very rarely happens.

[41:52] I wish it did, but further south the ground

[41:55] stays warmer for longer.

[41:56] So it does help in southern, southern climates.

[42:00] Again, not to bore anyone to tears, but nurseries and,

[42:03] and trees are based in,

[42:04] shrubs are based on zones zone specific.

[42:06] That's why when you go up to Canada,

[42:08] you only see basically a few

[42:09] different types of plants and trees.

[42:11] And then you go further south

[42:13] and you can buy po you can, you see palm trees.

[42:15] So that the really, those fertilizers only actually work in,

[42:19] in areas that are like zone six and below

[42:22] or above, rather in, in number.

[42:24] We are a zone five, four or five.

[42:26] So when those are planted in the ground here,

[42:28] they potentially have a chance to actually help the,

[42:31] the plant once it's sold to the consumer.

[42:33] But for the most part, it doesn't really

[42:35] ever do anything anyway.

[42:36] It never actually happens. So it's very regulated coming

[42:40] from the US Department of Agriculture.

[42:42] We don't fertilize, we don't do any feeding of plants.

[42:46] We don't have any certifications.

[42:48] We also have, have our, our property walked

[42:52] three to five times a year by the New Hampshire Department

[42:55] of Agriculture looking for, for any concerns, issues

[42:59] that there might be, whether it be a bug or a beetle

[43:01] or a a a a practice that we shouldn't be having

[43:06] some of which might be brought up here tonight.

[43:09] But if they saw fertilizers on plants,

[43:12] when I don't have a license, I, I wouldn't be

[43:13] around very long in business.

[43:15] I, I'm just not allowed to do it.

[43:17] Okay, thank you. I I mean,

[43:19] I still do question having over a hundred plants in a

[43:22] concentrated area, you know,

[43:24] having one plant plant in somebody's yard

[43:26] and the amount that leeches out is not harmful

[43:29] because it's regulated may be one thing,

[43:32] but having a concentrated bulk of them in an island

[43:37] surrounded by wetlands seems to me like something

[43:39] that should be having some environmental survey being done

[43:43] to ensure that there won't be impact.

[43:45] But that's not something I'm an expert in.

[43:50] I would also just note, just for, just for some knowledge

[43:53] and clarity for the board and,

[43:54] and the public, any fertilizers that plants,

[43:58] even if I was or there was fertilizers present in these

[44:02] plants, they were about 20,

[44:05] 20 times less.

[44:07] Or I guess I would say use the opposite lawn fertilizers

[44:10] that anybody is allowed to purchase

[44:12] and buy in from either a service or at Benson's

[44:16] or Home Depot or 20 times more

[44:21] concentrated and harmful to the environment than anything

[44:24] plants are used in any nurseries.

[44:27] Just for what it's worth.

[44:31] That's all I had. Thank you. Thank you.

[44:44] Jim Foley, 1 78 Hamstead Road.

[44:48] You know, a little more than a year ago, the applicant came

[44:51] before this board and said that he was moving to dairy

[44:55] 'cause he wanted to scale back his nursery business.

[44:57] And now here we are, he wants to double in his size.

[45:00] He told this board and the abutters

[45:02] that he was gonna put up this buffer of our variety trees

[45:05] to provide us some privacy.

[45:07] And then he turned around and went to the zoning board

[45:09] of Adjustment to get a oversized commercial backlit sign

[45:13] because the trees brought the view of his business.

[45:17] He stated that landscaping materials would be delivered

[45:19] by live bottom trucks, some may,

[45:21] but almost every single day, the entire neighborhoods,

[45:25] the banging of the hydraulic gates as it delivers materials.

[45:30] He came to our houses and promised to be a good neighbor.

[45:33] And he had discussed with us what he was going

[45:35] to do once he got the approval.

[45:37] We've not heard from him since.

[45:39] My specific objections are these, the plan states

[45:43] that the zoning is LMDR,

[45:46] but this is a commercial enterprise stuck in the middle

[45:50] of a, a residential area, gone through back

[45:55] and forth churches,

[45:56] whatever has been converted is still a business

[45:58] of commercial enterprises.

[45:59] And so the setback requirements should be

[46:02] commercial, not residential.

[46:06] His previous plan cut the number of parking spaces to 110.

[46:10] Now there's no discussion

[46:11] of parking spaces on the current plan,

[46:15] but looking at the dairy's own notes

[46:17] and all the rest of what it is, it's a little difficult

[46:18] because you have Northeast Athletics

[46:20] and you have the, you have the Dell Hunter nurses,

[46:26] the Catholic church,

[46:28] what was the Catholic church was now Northeast

[46:31] elite athletics would require 60 parking spaces.

[46:37] So you're taking away parking spaces

[46:39] by putting up these new storage areas,

[46:41] these new plant areas, these new buildings and all the rest.

[46:45] How many parking areas is he required

[46:46] to have under the regulations in this town?

[46:51] And I will go back and forth on this. So let, let

[46:53] Me, yeah, let me suggest that in order to get answers

[46:56] to questions, maybe pause

[46:58] after each question and let them answer it. So

[47:00] That's my question.

[47:01] So let's, let's ask a question about

[47:04] parking and, and ask Mr.

[47:05] Yako to address it.

[47:07] I could answer that. Was there a question? Yeah,

[47:11] Go ahead.

[47:12] I could answer that. Yeah. Yeah. So the original site plan

[47:14] did take into account the parking calculation.

[47:19] The applicant did meet the parking need

[47:21] for the site for the two uses.

[47:24] This plan does not change that parking, the areas

[47:27] that he's using are outside of the parking areas.

[47:31] Is he not putting in new,

[47:34] Not in areas where there is existing parking

[47:36] or where there was parking.

[47:38] I find that strange's credibility when part

[47:40] of the discussion was before is that no parking

[47:42] or cars would be allowed where equipment was

[47:44] backing up or being used.

[47:46] And I look at the map, that's

[47:49] where the parking is and that's the new,

[47:52] Nothing changed in that upper section of the plan.

[47:55] The only thing that changed is in the green areas

[47:58] and then on the, in the green areas and then on that island.

[48:02] And I believe that we were from

[48:03] The previously approved plan And I,

[48:05] I think the only change on parking was where we,

[48:07] in the front where the, it's not shown on this.

[48:09] The shed was removed. It actually gained two parking spaces.

[48:12] D empty gained spaces. I would go

[48:16] a little bit back and forth.

[48:17] According to the dairy town of dairy's own website notes,

[48:21] this property is served by the Penacook wells

[48:25] that pulls water from the aquifer

[48:29] are located on wells.

[48:30] Were located on Olson Road.

[48:32] The fact of the matter is, is that

[48:34] that's an re stressed aquifer

[48:36] and it's concerned that the additional water usage may harm

[48:39] that, that is from the dairy's own website. Alright,

[48:41] So let's, let's try to resolve that.

[48:43] We had testimony from a couple of folks in,

[48:47] in acquiescence from our Public works folks.

[48:50] Let's, let's get that resolved since you've challenged that.

[48:54] Well, Mr. Chairman, couldn't you solve that easily

[48:57] by saying, do you get a bill from Penant chuck

[48:59] or do you get a bill from the town?

[49:01] I mean, that's pretty simple.

[49:03] Well, no, there's a whole bunch

[49:05] of communities in this town that are served by chu

[49:08] that draw their water from site water wells,

[49:11] all the Meadowbrook, they get their,

[49:14] they get their bill from Penacook,

[49:15] but Penacook draws that water from a well in the aquifer.

[49:19] East dairy. This is your own website that while the town

[49:23] of dairy's cold water system does, let's,

[49:25] Let's let the engineer answer the question

[49:26] Please.

[49:27] So that, that was how it was originally constructed

[49:29] and when Pen Chuck put it in there, that was, but,

[49:32] but it is now tied into the Manchester system as a backup.

[49:37] So it's a combined system at this point.

[49:38] So if the well ever did have capacity issues,

[49:41] if the pressure was ever low, it is backed up

[49:44] and supplemented by Manchester Waterworks system.

[49:47] So there wouldn't be capacity issues

[49:49] For them. I'm not, no.

[49:52] For the entire system. I'm

[49:53] Not backed up to any waterworks.

[49:56] I have a, I have a well

[49:57] For any system, any connection to

[49:59] that penant chuck system. Yes,

[50:01] Yes.

[50:02] But the neighbors, the Abutters are not connected

[50:06] to the Manchester Waterworks and not connected to the puck.

[50:08] He is drawing water and if it runs out, then fine.

[50:12] He gets backed up by the Manchester Waterworks. We don't.

[50:18] Now, it's interesting, this whole discussion about

[50:20] fertilizers, if we're not using fertilizers

[50:23] or fertilizers aren't to be used, which is a big,

[50:25] big issue in the last one.

[50:27] Note 15 on the plan says fertilizers will be used,

[50:30] but they're only used in self-contained pots or whatever.

[50:35] It still means fertilizers are being used in the property.

[50:38] I have a concern about fertilizers being used in the

[50:40] property that's on the plan Note number 15.

[50:44] This bit about, you know, the, the opening

[50:47] of the business somehow decreased the traffic flow on,

[50:51] on Hampstead Road.

[50:53] Simply again, strains credibility, comparing it to a church

[50:57] that last had services on Christmas day of 2019

[51:02] to what takes place today.

[51:03] Of course the business has increased traffic on the road.

[51:09] We do have concerns about the drainage

[51:11] and the wetland concerns and all the rest.

[51:15] It just, it's an expansion beyond what was ca

[51:19] what they came to us before.

[51:21] It's not a minor change, it's a major change.

[51:24] And again, our water, our traffic, our site views,

[51:28] the noise, the for use of fertilizer is the wetland

[51:33] and the drainage I'll have concerns with. Thank you.

[51:36] Thank you. I I,

[51:40] I'll answer a question if there's one

[51:42] particular question I guess that,

[51:44] Well I think these are, are rattled off six things he

[51:46] concerned one of the questions, but if you have

[51:47] a comment Sure,

[51:49] Sure.

[51:50] I mean, I, I add, I, I had, I think one

[51:51] of the main things he spoke about was the

[51:54] note 15 on the original plan that you, that was

[51:57] voted on a year ago.

[51:59] Unanimously, nothing's changed from that.

[52:01] I'm using this, nothing's being used by myself.

[52:05] I just spoke to that slow release tab.

[52:07] So I think that was the address that,

[52:09] that he just had on 15.

[52:12] Again, that's, that's nothing

[52:13] that's changed since this was voted on a year ago.

[52:16] I have not increased any parking.

[52:19] I know that was something that was just brought up.

[52:22] I mean, I'm sorry, I have not reduced any parking if I,

[52:24] I believe I've increased it by two spots

[52:26] by removing the shed out front.

[52:30] I guess what other concerns did he bring up?

[52:33] Increase in traffic. I, I don't,

[52:34] there's no traffic study done on that.

[52:36] I don't know. I I'm, I I can't even speak to that.

[52:40] It's a very busy road. So I don't know.

[52:44] I, I think that's it. I think that's,

[52:45] I if there's something else specific that I missed

[52:47] that someone can remember, I'm happy to answer.

[52:49] And I think I'll just add, if I may, that the use that Mr.

[52:53] Yanko has going on on this property is allowed

[52:56] as preexisting as was the church.

[52:58] And now it's this

[53:04] Brenda Davison.

[53:05] I live on one wishing wall lane.

[53:07] We're directly across from him on Hampstead,

[53:11] off Hampstead Road.

[53:13] Actually, we're up there on there. So some

[53:17] of my concerns are one drainage

[53:19] that drains across Hampstead onto my property

[53:23] and I have a, well, so I have concerns. So

[53:26] Lemme ask you about that.

[53:27] We heard earlier in the evening that there was a stream

[53:31] that flowed from your side of the road onto this property

[53:34] and then, then flowed

[53:35] and exited the back of the property. Is that correct? No,

[53:38] No.

[53:39] Goes over flows

[53:39] Through the church Onto ours. This yard

[53:41] Into, across Hampstead, into welling.

[53:44] So the direction is, is, yeah,

[53:46] you can see the, you can see the tow on this.

[53:48] Okay. Going down towards that corner.

[53:52] Okay. So you're increasing watering.

[53:55] That's gonna be draining.

[53:56] And going into the back of my property,

[53:58] which is pretty wet already.

[54:00] They're covered. And with the chemicals,

[54:05] I have concerns about that.

[54:07] Another thing is the noise, you know,

[54:10] he said the gates are quiet now on the dump trucks.

[54:14] Well, when you're sitting on your couch and that gate hits

[54:17] and you jump off your couch because it's so loud.

[54:20] Wakes up, your grandkids wakes up,

[54:23] grandkids in the house, it's loud. And

[54:27] Dogs. Yep.

[54:28] The traffic of deliveries coming. I

[54:31] Just wonder before we go, like you said, let's pause any

[54:33] Address.

[54:34] Alright, go. Hold, hold on.

[54:36] I understand you're kind of supporting each of them,

[54:38] but as individuals you need to get to the mic

[54:41] and give your name and address and,

[54:43] and speak individually. Thank you. Sure.

[54:45] Sorry, will Davison, my wife Brenda,

[54:47] we live at one wishing well Lane, sorry

[54:50] for tackling this together,

[54:51] but that's kind of what we, we do.

[54:55] I was just asking my wife to stop

[54:56] and let somebody answer the questions.

[54:58] One being the noise. The noise, you know, clearly

[55:02] if all you were here when this was voted in, Jay had said

[55:06] that, you know, the new dump trucks are

[55:10] very low noise.

[55:11] And in fact it was a pretty good discussion about the

[55:16] bobcats and the noise and the noise at that time.

[55:18] And I, I'd like to hear how,

[55:21] address it again, how that gets addressed.

[55:25] Sure. I'm happy to, I think speaking to noise, the,

[55:29] the trucks that deliver mulch to us, our live bottom trucks,

[55:32] so the truck doesn't dump or anything.

[55:33] It just, the, the bottom goes up and out

[55:36] and it just pushes it out the back.

[55:38] Some of the trucks that do deliver to us do have, what,

[55:40] what I was speaking about

[55:41] before, the gates that hydraulic up and down.

[55:44] There are, there are times that a dump truck comes in

[55:47] and dumps and it,

[55:48] but we've monitored to the, any

[55:52] of those trucks coming in during our business hours.

[55:56] We're open, you know, eight to four.

[55:59] We're not open past four.

[56:00] We don't receive deliveries of that, that type

[56:02] of material past three 30.

[56:05] Our employees show up around seven 30,

[56:07] but they're, you know, they're,

[56:08] they don't dump the material in the bins.

[56:10] If anything, they're unloading it out.

[56:13] As far as I, I would definitely agree that

[56:18] having been there for a year

[56:20] and my neighbor to the right Kate Lamb made the mention

[56:26] to myself when I spoke with her,

[56:28] asking her if she had any issues.

[56:29] 'cause she's the one that's directly next to

[56:31] where we're expanding.

[56:34] She, her, her couple comments was

[56:35] that she felt a lot safer with us there.

[56:37] But the main concern was, is

[56:38] that she doesn't have any issues with increased noise.

[56:41] She even mentioned it in her, her note to you

[56:44] or the note to, to myself that I passed along.

[56:47] And I've also learned in the last year

[56:49] that Hampstead Road is a busy, loud road.

[56:52] It's a very busy, loud road.

[56:54] The same trucks that deliver might deliver to us or up

[56:58] and down that road constantly.

[57:00] It's a very busy road. So I I it is noisy.

[57:03] I agree with that. Our machinery,

[57:08] although might not be, you know, agreed upon by a neighbor

[57:12] or someone else, all the equipment today has

[57:15] to fall under the regulations

[57:17] of this regulation for everything.

[57:18] Now it has

[57:20] to fall into a decibel regulation before it's sold.

[57:22] So all of our equipment falls under,

[57:25] I think it's a 90 decibel regulation, which is basically

[57:28] what a lawnmower is.

[57:29] I guess that's what was,

[57:31] how it was described when I did the research on this.

[57:33] You know, a riding lawnmower, something like that.

[57:36] And knowing like our,

[57:38] our little mini loaders, they're, they're pretty quiet.

[57:43] I think that addresses that.

[57:46] I don't know if there was another question,

[57:48] But I don't think it really addressed the, the,

[57:50] The, listen, we live in a, we, we bought our house

[57:52] because of where it is.

[57:54] And now we have a business there. It's loud.

[57:58] I've gotten up at five in the morning

[58:00] and there's tractor trailer sitting in there

[58:01] waiting to be unloaded.

[58:04] The other day they were mowing their lawn at

[58:05] 6:00 AM on a weekend.

[58:08] Like it's noisy.

[58:10] Whether the street's noisy or not, I can't change that,

[58:14] but it's added noise.

[58:16] And now he wants to expand. It's more noise.

[58:20] Whether the dump truck banging, it's, it's

[58:24] at least two or three times a week.

[58:27] And you have a grandchild sleeping in the middle of the day

[58:31] and it scares the crap outta that baby and wakes it up.

[58:36] It matters to me. And, you know, I pay taxes.

[58:39] I, I bought my house where I bought it

[58:41] because of where it was, and now I have this business

[58:45] and now he wants to expand it,

[58:46] which means more trucks, more noise.

[58:48] Dumping of the stone is loud.

[58:51] Like, come stand, come down here and listen to it.

[58:54] You guys, you know, we should be listened to

[58:57] and thought of a little bit in this situation.

[59:01] It's frustrating. You have anything else? Yeah,

[59:05] The, the expansion.

[59:06] I know that it was mentioned. More noise.

[59:08] The expansion doesn't, I'm not putting anything

[59:11] that's gonna acquire, have more deliveries.

[59:13] Any dumping, any more stone? Any more dumping?

[59:17] Well, 200 trees. And if you're,

[59:19] Can I list, can I Now 25 trees a week and 200.

[59:21] It's more deliveries. It's more bobcat.

[59:24] You know, we, we can go back and forth all day long, but

[59:28] He's been putting in a greenhouse.

[59:29] That's more stuff coming in. More trucks coming in.

[59:33] And I do wanna go back to the water, just to be clear. Can

[59:36] I finish my Answer? I'm on my, I'm on a

[59:38] Personal question.

[59:40] Hmm. So I just want to answer the question. Please.

[59:42] I think that's the process. So no, nothing

[59:44] that I'm expanding there is, is anything

[59:47] that's being dumping, we're basically, you know,

[59:51] expanding the footprint

[59:52] with more material to some extent.

[59:56] But a lot of the, what we're doing is

[59:58] spreading out what we already have.

[1:00:00] So it, it isn't gonna increase double,

[1:00:03] it's not even remotely close to that.

[1:00:04] I, it, it doesn't, if you did the math on it,

[1:00:07] it's not even close anyway.

[1:00:08] So we're not expanding like that.

[1:00:11] We're just trying to use other space

[1:00:13] to store the same products

[1:00:15] that have already been approved here.

[1:00:16] That I have the, that this property allows.

[1:00:20] And, you know, doesn't have creek Ms.

[1:00:23] Davison mentioned that, you know,

[1:00:24] the trucks bang two or three times a week.

[1:00:26] Yes. That, that's probably true.

[1:00:27] There probably is two

[1:00:28] or three dump trucks

[1:00:29] that bang a week on a very busy road

[1:00:32] during the day. Do you know, it's

[1:00:34] A busy, We live there, right?

[1:00:38] So we live there. I guess if you're really not

[1:00:42] expanding, are you saying the trees

[1:00:44] that are there now are in the parking lot?

[1:00:47] Where are they if they're not, if you're not expanding

[1:00:49] that much, 200, you said 200, 250 trees, where are they now?

[1:00:53] There's no greenhouse, so that's gonna be filled. Right.

[1:00:56] Just curious. It, it's not What is posted

[1:00:59] as a greenhouse is greenhouse material.

[1:01:01] It's not, it's not set up to be. We, we are not a grower.

[1:01:04] We don't have any indoor greenhouse space.

[1:01:07] I'm happy to put some sort of note on the, the, the plan

[1:01:10] that, that won't house any plants.

[1:01:13] 'cause it will not. And as far as what I just mentioned

[1:01:17] before, we're not only, we'll increase some product,

[1:01:21] but it will spread out the product we have currently now.

[1:01:25] So it's, I'll go back to the same comment again.

[1:01:28] We're not doubling the size of what we're using.

[1:01:31] Nothing even remotely close.

[1:01:33] We're taking product that's maybe too close

[1:01:35] to each other now and we're spreading it out.

[1:01:37] Plus adding some, I'm not gonna say

[1:01:39] otherwise, we will add some.

[1:01:41] So just curiosity today, is that section

[1:01:45] that you're wanting to use being used, holding these plants

[1:01:49] and these trees without

[1:01:51] authorization? No. Upland board. Board

[1:01:53] Approval. The up the upland?

[1:01:55] Yeah. That, that area. That whole area, yeah. No. Okay.

[1:01:57] So you're gonna put 250 trees in there

[1:01:59] and you have them in your lock now?

[1:02:02] Is that what you're saying? I,

[1:02:03] I can't clarify any more than I already have.

[1:02:05] I think I've answered answer that question a couple times.

[1:02:07] There will be expansion, there will be more deliveries.

[1:02:11] Product for for sale. Yep.

[1:02:13] And some of it will be relocated from other spots,

[1:02:16] but some of it will be additional.

[1:02:19] So this is a request for an amendment to the site plan

[1:02:22] to have, you know, some level of expansion of use.

[1:02:25] We can discuss tonight how much that is,

[1:02:28] but it is gonna be some level of expansion. Okay.

[1:02:30] Our deliveries are also based on how much we sell.

[1:02:34] So, you know, that's a very much a variable.

[1:02:37] If there's a year that I don't, my sales are down 20%,

[1:02:41] I get 20% less deliveries.

[1:02:43] If my sales are up 20%, I get 20% more deliveries.

[1:02:46] So the additional space doesn't really pertain

[1:02:49] to the additional, you know, approved ability

[1:02:53] to receive these materials in the zone anyway.

[1:02:59] All right. So I do want to address the water,

[1:03:01] the runoff water into my property.

[1:03:02] Right? So that is gonna run off into my

[1:03:05] property a hundred percent.

[1:03:07] My well is in my backyard.

[1:03:09] So anything that, you know,

[1:03:11] soaks into the ground eventually could possibly get into my,

[1:03:14] well, secondly, as Jim mentioned, if,

[1:03:19] if his water runs out

[1:03:21] and they're using the Manchester water,

[1:03:24] but the water, the water, the,

[1:03:26] they've taken all the water out of the Pena truck

[1:03:28] because that well is, is is blown out.

[1:03:31] All gone. I don't have water.

[1:03:33] Jim doesn't have water,

[1:03:34] hundreds of neighbors don't have

[1:03:35] water. How do we deal with that?

[1:03:37] So I, I don't know if that's exactly how it works.

[1:03:41] Penant Chuck manages how the water is, is

[1:03:45] managed in the Penant chuck system.

[1:03:46] I just know it's a combined system

[1:03:48] and they rely on Manchester Water Works as supply.

[1:03:52] It's designed so that there shouldn't be a problem

[1:03:55] with capacity that the well shouldn't run dry.

[1:03:58] I'm not, we don't manage it as a town.

[1:04:01] It's managed by pen chuck.

[1:04:02] So I'm not familiar with the

[1:04:03] intricacies of how that happens.

[1:04:07] I just don't think it would be a supply issue.

[1:04:09] Should we know, should we know?

[1:04:10] Is it, do they get down to 10% within the well there

[1:04:12] and then they start using Manchester before we approve

[1:04:15] and let somebody use more water and,

[1:04:18] and take from our, you know, our resource.

[1:04:22] So I I I'm gonna try to clarify aquifers.

[1:04:27] We've had this discussion

[1:04:29] before in other developments in, in previous years.

[1:04:34] And aquifer is, is a public resource.

[1:04:38] The planning board typically cannot

[1:04:42] deny an approval for any kind of development

[1:04:44] because of speculative concerns about future

[1:04:49] drawdown of the aquifer.

[1:04:51] Now we all know what's happening out west and,

[1:04:55] and certainly, you know, water conservation

[1:04:57] and water management is of current concern,

[1:05:01] but at least within the state of New Hampshire,

[1:05:03] the regulation of of aquifers is for very large withdrawals.

[1:05:08] I think it's the N-H-D-E-S that issues

[1:05:12] water withdrawal permits over a certain amount

[1:05:14] and they then they regulate it.

[1:05:15] 56. Correct? What's that? 56,000. 56,000 gallons per what?

[1:05:21] Per Day. Per day. Which is a lot.

[1:05:25] Will those standards evolve as we continue to deal

[1:05:29] with water supply issues?

[1:05:32] Maybe we're probably not as bad

[1:05:35] as the folks out in Colorado, but it, it is a valid concern.

[1:05:39] The question is, does the planning board have jurisdiction

[1:05:42] to make those kinds of

[1:05:45] restrictions on development based on a,

[1:05:47] on a shared resource?

[1:05:50] Can I, can I add some something to that,

[1:05:52] to that water issue?

[1:05:54] I just recently, in the last couple of weeks

[1:05:57] attended a webinar and it was put on

[1:05:59] by the Corps of Engineers.

[1:06:00] And it's much to, I want to address the comment

[1:06:03] that you had made on it.

[1:06:05] And yes, the water level table has gone down.

[1:06:07] It's estimated that the drought situation that we've been in

[1:06:10] for the last three to four years

[1:06:12] had brought the water table down two

[1:06:15] feet more than what it is.

[1:06:16] So if somebody has a shallow well of a 10 to eight,

[1:06:20] eight feet, they can maybe have some draw.

[1:06:23] But just like the engineer had said as the backup for

[1:06:27] pen truck is from Manchester, which fills up the system.

[1:06:31] So it's maintained somewhere around 85 to 86

[1:06:35] pounds pressure on there.

[1:06:37] So it shouldn't affect any water whatsoever.

[1:06:41] I also want to make a comment

[1:06:43] 'cause I've been spending some time going over there

[1:06:45] as farmer chairman of the Environment Agricultural Committee

[1:06:50] and also on the board for pest control ide.

[1:06:56] I can say that he's correct in what he's doing

[1:06:58] and separating some of the avar that are out there

[1:07:02] that was there this afternoon, spending time looking at it.

[1:07:05] And one very impressed about the organization

[1:07:08] as it was compared that when he first did it,

[1:07:11] when he first got there.

[1:07:13] So a lot has come through there.

[1:07:15] There was no trucks there at two o'clock in the afternoon

[1:07:18] when I was there at that time.

[1:07:20] So it's, I'm not sure about the noise level.

[1:07:23] I'll let him address that one later, later on.

[1:07:26] But again, I was very impressed on their organization there

[1:07:30] and how clean it is.

[1:07:32] And yes, there will be some drain off,

[1:07:35] but the new fertilizers that are out there now,

[1:07:37] the nitrogen is bound on on there

[1:07:40] and they slowly release based on

[1:07:41] temperature like he indicated.

[1:07:43] And along with water, it usually takes about 30 days

[1:07:47] of some amount rain getting in there

[1:07:49] and dissolving that, what they call mea that's around the,

[1:07:52] the particular fertilizer. Okay. So it was done.

[1:07:56] Okay, thank you. And hopefully that helped

[1:07:58] You.

[1:07:59] What is our recourse with trucks going in at four

[1:08:02] or five o'clock in the morning?

[1:08:05] Well they're Did you, they're doing stuff before 8:00 AM

[1:08:07] Five hours of operation in, in your first approval?

[1:08:12] I believe so,

[1:08:13] but I'd have to re re go back to that. I guess

[1:08:15] The question would, would those hours

[1:08:17] of operation cover trucks arriving early and waiting?

[1:08:20] YII don't know that I'd have to look back

[1:08:24] and and find that out.

[1:08:25] No, you know, I can certainly, you know, we, we tell all

[1:08:29] of our, any of the trucking companies to come to us,

[1:08:31] you know, that I believe we speaking of is the,

[1:08:34] the tractor trailer truck that comes

[1:08:35] and delivers our, our trees to us.

[1:08:37] You know, we notify all of these trucking companies that,

[1:08:40] you know, our hours of operation,

[1:08:43] I've pulled in at six 30 in the morning myself

[1:08:45] and there's two UPS trucks backed up to each other.

[1:08:48] Like I, it's it, that's a hard control for me

[1:08:51] other than notifying these companies that they can't arrive.

[1:08:55] And I'll continue to do that.

[1:08:56] I, you know, I, we show up early

[1:09:00] and you know, it's happened a handful

[1:09:02] of times since we've been there

[1:09:03] that a truck was waiting. That's, that's

[1:09:05] Such a, and I believe you know, that your employees show

[1:09:07] up and start loading their vehicles

[1:09:09] because 99% of their

[1:09:13] work they do is commercial properties.

[1:09:18] You know, it's not like people in dairy

[1:09:19] are going there and buying stuff.

[1:09:22] It's all commercial. So

[1:09:24] they're loading up their trucks early.

[1:09:28] You know, it's supposed to be eight to four.

[1:09:32] So one, one of the, the issues about the use is yes,

[1:09:37] it is a retail

[1:09:38] and a wholesale provider wholesale of, you know, plants and,

[1:09:42] and earth and other kinds of agricultural materials.

[1:09:47] But the state has defined that business as agriculture.

[1:09:52] And they have said that agriculture is allowed in pretty

[1:09:55] much any district.

[1:09:56] So what I'm weighing against all

[1:10:00] of the testimony about the nuisances is

[1:10:03] what the state has said about what they allow.

[1:10:07] And, and New Hampshire is, is not a state

[1:10:11] that allows municipalities to color outside the lines.

[1:10:14] The state sets the rules and we kind of have to follow them.

[1:10:17] And so that's where I'm, I'm

[1:10:20] questioning is if these folks are indeed

[1:10:23] meeting the state definition of an allowed use,

[1:10:27] what leeway do we have to try to,

[1:10:30] you know, mitigate reasonable impacts?

[1:10:31] So that that's, that's the question I think before

[1:10:33] Us.

[1:10:34] But in his plan, it's supposed to be eight to four,

[1:10:36] I'm sorry, I'm looking right now at the plan says Dell

[1:10:39] hunting nursery Monday through Friday, seven 30 to four

[1:10:43] Saturday, Sunday, 9:00 AM to four. Does that sound right?

[1:10:45] That's correct. And Northeast Elite

[1:10:49] Athletics is 8:00 AM to 9:00 PM

[1:10:52] and then it actually further break down the hours week

[1:10:54] weekdays 9:00 AM to 3:00 PM one person office staff, 3:00 PM

[1:10:58] to 9:00 PM athletes

[1:11:00] and teams utilizing the facility, folks will come

[1:11:03] and go during this time, maximum number

[1:11:04] of individuals utilizing the facility at one time

[1:11:07] during these hours will be 80 to a hundred, including staff.

[1:11:10] And then weekends you get 8:00 AM to 9:00 PM same number

[1:11:15] of players and staff as weekday.

[1:11:18] So basically the residents around it don't matter.

[1:11:23] Our, our opinions and our nuisances don't matter.

[1:11:26] No, it do Basically That's

[1:11:27] what you're all saying kind. Well,

[1:11:29] No, I mean that may be what you take away,

[1:11:32] but we're a quasi judicial board.

[1:11:34] We try to mitigate impacts.

[1:11:36] We can't break the law even though we may feel, oh,

[1:11:41] you know, substantial moral justice is done if we ignore the

[1:11:45] state law, but, but we can't.

[1:11:47] We, we get the town in trouble if we do.

[1:11:48] So we just have to find that balance.

[1:11:51] Okay. I got a just a clarification point.

[1:11:54] I don't know if Randy's come across as sitting as

[1:11:58] District four counselor, but I can recall a time when,

[1:12:02] and I don't know the location that Chu would have wells

[1:12:05] that actually ran low.

[1:12:08] And what they would do is they'd actually, they'd fill 'em.

[1:12:11] Yes. When it ran low, they actually fill them back up.

[1:12:15] So it's not a question of it's gonna dry, you know,

[1:12:18] drain all the way down and then you've got major issues.

[1:12:21] They, they monitor those wells

[1:12:24] and then what they'll do is they'll,

[1:12:25] they'll bring water to them.

[1:12:27] It's happened a few times that I

[1:12:29] recall. Yes. I don't know where though.

[1:12:31] And that was part of the impotence for

[1:12:33] expanding the Manchester Waterworks

[1:12:35] to connect the eastern portion of the CHU system.

[1:12:40] I have a hard time believing

[1:12:41] that wishing well directly across the street from this

[1:12:43] wasn't tied into that same system that is now being

[1:12:48] supplemented by the Manchester Waterworks

[1:12:52] or Dairy Waterworks, whatever you wanna call it.

[1:12:56] May I have a second chance on a couple of things?

[1:12:58] That's not true. Wishing well.

[1:12:59] Lane 1 78 Hamstead Road is not tied

[1:13:01] into pent check waterworks.

[1:13:03] That's the first thing. The second thing is,

[1:13:05] in your deliberations, I would ask you

[1:13:07] to address my first point, which is treating a commercial

[1:13:11] lot as a residential area.

[1:13:13] And despite whatever the state law says, it doesn't mean

[1:13:17] that they have unlimited rights

[1:13:18] to do whatever they want to do on the property.

[1:13:21] Thank you for the sentence. Well,

[1:13:22] Yeah, that's true.

[1:13:23] No one has unlimited rights to do almost anything.

[1:13:26] I I understand that,

[1:13:27] but that kind of what you're saying,

[1:13:28] that we can't overcome state law.

[1:13:30] I understand this is an agricultural purposes,

[1:13:31] which is why it's before the planning board.

[1:13:33] It doesn't mean that the agricultural purpose is allowed

[1:13:36] by state law, means that they can do unlimited agricultural

[1:13:39] purposes within that property.

[1:13:40] Well, that's why I say we have to look at the law.

[1:13:42] We have to look at the impacts. We have to find a balance.

[1:13:46] So just answering a question from a few moments ago,

[1:13:48] I know that was brought up and you

[1:13:49] thank you for bringing up that.

[1:13:51] 'cause I hadn't gone back and looked at that.

[1:13:53] Our hours of operation are, are everywhere.

[1:13:55] They're on our website, they're on our door.

[1:13:56] We're open eight to four,

[1:13:58] theand nurseries open, eight to four.

[1:13:59] My employees show up between seven 30 and eight.

[1:14:02] Just Just so you know.

[1:14:04] So, you know, I, I can empathize

[1:14:07] with the neighbors with noise.

[1:14:08] I don't know if there's anything you can do,

[1:14:11] but it seems to me as if to to be good neighbors,

[1:14:13] if there's anything you can do to help out

[1:14:15] that situation, well, all the better. You know, I guess

[1:14:18] I'd leave you with this unless there's more conversation

[1:14:20] to be had, putting 130 plus avices around the, the,

[1:14:24] the neighbor around the border

[1:14:26] up in the front leaving the vegetation all along the front

[1:14:30] of, of Hampstead Road there.

[1:14:32] Yeah. Which I can cut if I chose,

[1:14:34] I left it all there as a buffer.

[1:14:36] I put the ARB there.

[1:14:38] I have the, the storage bins

[1:14:39] where we keep our material facing this direction three

[1:14:42] blocks high, which come out to somewhere in the neighborhood

[1:14:44] of seven or eight feet tall.

[1:14:47] That is the effort I've made to buffer

[1:14:48] as much as I possibly can.

[1:14:50] My hours of operation,

[1:14:53] I think fall into normal business hours

[1:14:56] and normal living hours, I guess would say most people,

[1:14:59] I mean, you go down Hamstead Road

[1:15:00] between six 30 and seven 30 in the morning.

[1:15:02] It's, it's a highway and school.

[1:15:04] So I mean it's, it's a busy road.

[1:15:05] Anyway, we're, we're probably, we're no real impact on

[1:15:09] Yeah, I'm just, Just on that there,

[1:15:11] that those are some things I've done.

[1:15:13] The other thing I think I would just wanna leave you with,

[1:15:15] if we're getting to the end here of this, you know,

[1:15:19] some neighbors thoughts is I pointed out to you,

[1:15:22] and I have two emails to you, when I went to the closest

[1:15:27] largest abutting neighbors next to me,

[1:15:32] the entire both sides, that would be show any major impact

[1:15:36] of noise and or the expansion of what I'm looking to do.

[1:15:40] And both gave you letters of support that they,

[1:15:42] they a hundred support what I'm, I'm trying to do.

[1:15:46] I mean, I mean that way that weighs in what I'm thinking,

[1:15:50] that was a smart move on your behalf, right?

[1:15:52] You've got the neighbors that are actually connected

[1:15:55] saying that they've got no problem.

[1:15:56] So I, I understand that,

[1:15:58] but then you've got some neighbors

[1:15:59] that have have some issues.

[1:16:00] All I'm saying is, is whatever you can do, to me, it's,

[1:16:05] it seems to me as if what's in front of us is the,

[1:16:07] the tree location is really what we have to concentrate on.

[1:16:10] Correct. We can't really re rehash all the other

[1:16:13] old stuff Okay.

[1:16:14] Which sounds like we're trying to do,

[1:16:15] but it really, it's really the, the, the tree section

[1:16:19] of it is really what we need

[1:16:20] to concentrate on. Correct me if I'm wrong.

[1:16:22] So Yeah, I mean, another procedural thing is we're,

[1:16:25] we're here to, to talk about the expansion,

[1:16:29] not the, not the whole thing.

[1:16:31] We're not here to re-litigate a year old decision.

[1:16:34] Now what I'm, what I think I'm hearing is that the,

[1:16:37] the assurances and promises that were made a year ago,

[1:16:40] the neighbors don't think we're necessarily kept.

[1:16:42] So they're here airing that.

[1:16:46] And I think what we're saying is if you can, you know,

[1:16:50] do something to mitigate those reasonable concerns

[1:16:54] and those genuine impacts without, you know, stifling your,

[1:16:58] your business, I think it would be a, a good thing

[1:17:02] because it, it, it is, Mr. Foley pointed out, no, no right

[1:17:06] to use is, is unlimited.

[1:17:09] But Mr. Churchill was also right.

[1:17:11] We're not here to have a, an appeal

[1:17:15] or a decision on the original approval.

[1:17:17] We're here to deal with the, the expansion

[1:17:22] and the reasonable impacts of that expansion

[1:17:25] and how they can be mitigated.

[1:17:30] Thank you. So what, what can you,

[1:17:33] I mean, do you have a gate?

[1:17:35] Do we have a gate, Print

[1:17:37] Gate?

[1:17:38] No.

[1:17:39] So one of the things that went through my head,

[1:17:40] if you've got trucking companies that want

[1:17:42] to come at four o'clock in the morning

[1:17:43] and when I idle their trucks in your lot until you arrive,

[1:17:45] maybe you just put up a gate and lock it

[1:17:47] or put a chain across and lock it.

[1:17:49] I, I would certainly think of that.

[1:17:51] I I would be amenable to thinking about that.

[1:17:53] But I I, I'm not comfortable from a security standpoint,

[1:17:56] putting a gate on a property

[1:17:57] that's a 15,000 square foot building

[1:17:59] with a full fire suppression system in it that, you know,

[1:18:01] I have to do everything by fire

[1:18:04] and police code to keep full access to this, this property

[1:18:07] and then put a GI lock gate.

[1:18:09] I, I don't know if that's

[1:18:10] The answer.

[1:18:11] You're not saying it's a condition, it's a condition.

[1:18:12] You're just making a suggestion or you

[1:18:14] I'm making a suggestion and, and,

[1:18:16] and I think Mr. Chase could tell you there's all sorts

[1:18:17] of fancy locks

[1:18:19] and mechanisms that are, you know, firetruck friendly that,

[1:18:22] that, you know, maybe the trucking company wouldn't feel

[1:18:24] comfortable breaking because they're, they're your supplier

[1:18:28] and if, if they are annoying all of your neighbors,

[1:18:33] maybe you need to have a, a stern word with them.

[1:18:36] I agree with that. I would have no issue, you know,

[1:18:40] before you saying that.

[1:18:41] I will certainly reach out to these vendors Yeah.

[1:18:43] Again, in all times

[1:18:45] and saying we have a strict delivery

[1:18:46] time, which we, we have done.

[1:18:49] Again, I will do it again to make sure

[1:18:51] that they just can't do that.

[1:18:52] And Then one last question if you don't mind, Mr.

[1:18:54] Chairman. So when you deliver these trees, is it,

[1:18:56] is it gonna be one delivery of these 200 cheese?

[1:19:00] Are you gonna have Yes.

[1:19:02] Multiple trucks delivering at all times?

[1:19:05] No, no. We bring in, in an entire year,

[1:19:09] we'll bring in somewhere in the neighborhood of probably,

[1:19:12] I would say 50 deliveries of those trucks. Okay.

[1:19:13] So you're gonna load 'em, but if there's an approval

[1:19:15] of that, you'll load em up.

[1:19:17] We reload them on our smaller vehicles and take them out

[1:19:19] or customers come and pick them up.

[1:19:21] And, and again, I I would go back to our business hours.

[1:19:24] I know that it's been talked about.

[1:19:26] It doesn't mean that it's actual and true.

[1:19:28] We open at seven 30 for our employees to come in

[1:19:32] and we, we open to the public at eight o'clock.

[1:19:35] I can certainly ask our guy

[1:19:38] that mows the lawn to not come earlier.

[1:19:40] I'm happy to do that. We don't mow the lawn.

[1:19:42] So it's not one of my guys, I can certainly mention to him

[1:19:45] to mow the lawn if for some reason,

[1:19:47] I mean he mows our lawns on Mondays

[1:19:49] after he mows other places.

[1:19:50] So this must have been a day that it rained

[1:19:51] and he came the next day early.

[1:19:53] I can certainly mention that.

[1:19:55] I did have one, one issue about a month after I moved in.

[1:19:59] I got a call from a neighbor in the back that called

[1:20:01] and said, what were you guys doing in the middle

[1:20:02] of the night at four in the morning?

[1:20:04] You know, you guys are moving equipment and this and that.

[1:20:06] And I said, I don't know what you, I,

[1:20:07] I have no idea what you're talking about.

[1:20:09] We went around and around for a minute

[1:20:11] and to try to figure out what it was.

[1:20:13] I said, I have cameras. I'll look at the cameras.

[1:20:15] It was the trash company. They came, started early.

[1:20:18] I called the trash company within two minutes

[1:20:20] and said, listen, we're we're in

[1:20:22] an area we can't be doing that.

[1:20:23] He goes, oh, you know, sorry about that.

[1:20:25] I'll move you to a nine to four dump time.

[1:20:28] You know, K-Town delivery outta Salem. No problem.

[1:20:31] He said, absolutely not. I called the neighbor back

[1:20:33] and said, Hey, it was a trash.

[1:20:35] Sorry about that. I had no idea. He said, thanks.

[1:20:37] I, I, I'm, I'm trying

[1:20:39] and I think I've shown that by some

[1:20:41] of the things I've already done.

[1:20:42] I'll continue to do that. Okay.

[1:20:48] I just have a quick comment. I mean,

[1:20:50] we all know this is a tough piece.

[1:20:52] They, they, they try to bring in residential in

[1:20:54] and that just didn't work.

[1:20:57] So it is what it is.

[1:21:00] But like I said, if you can continue to be a good neighbor,

[1:21:04] I, it goes, it goes a long way,

[1:21:06] you know? Yep. And I get this and

[1:21:07] I have and that's why I, that's why

[1:21:09] I have the neighbors that were closest

[1:21:10] To me.

[1:21:11] Yeah, yeah. No, I get it. State

[1:21:11] That I have been a good neighbor.

[1:21:12] You know, I, I know not everyone might

[1:21:13] agree, but certainly some do.

[1:21:15] Yeah.

[1:21:18] Yeah. Okay. Mr. Carter, did you have a an alibi? Yes.

[1:21:25] And I can Tom car too. Cunningham Drive.

[1:21:27] I just wanted to, to talk a little bit about the water

[1:21:29] because of the situation that I'm in.

[1:21:32] Pen Chuck is had comes up

[1:21:34] and fills up the well with,

[1:21:36] I'm assuming it's Manchester Water, I don't know

[1:21:38] how many times a week they do that.

[1:21:40] We're only allowed to water our lawn from 5:00 AM to 8:00 AM

[1:21:44] two mornings a week.

[1:21:46] So they do. So we're not gonna run outta water

[1:21:48] because they'll keep dumping it in.

[1:21:50] But the water is absolutely terrible.

[1:21:52] I've lived there for 36 years

[1:21:54] and right now I am buying water from bottled water

[1:21:57] because the water's so bad.

[1:21:59] So anyway, I just wanted to make

[1:22:01] that comment about the water

[1:22:02] and I'm pretty sure that, that these guys are,

[1:22:05] they probably get billed from Pennock,

[1:22:07] but I think they're getting water from Manchester too.

[1:22:10] I think Mr. Chase was correct about that.

[1:22:13] Okay. Thank you. Anyone else

[1:22:17] Sir Roja, you have an alibi,

[1:22:21] Mr.

[1:22:22] Chair for your awareness received on Rise

[1:22:23] Alibi.

[1:22:24] Okay, thank you.

[1:22:26] I did just want to mention that, you know,

[1:22:29] I didn't say it earlier because I thought we were supposed

[1:22:31] to just be talking about specifically the

[1:22:33] storage area itself.

[1:22:35] It didn't occur to me

[1:22:36] that the story storage area actually is a significant

[1:22:39] expansion as everybody else had mentioned.

[1:22:42] I wasn't thinking about it that way

[1:22:44] to everybody's sound complaints.

[1:22:46] I absolutely agree. It is ridiculously loud over there.

[1:22:50] I hear their equipment all the time.

[1:22:51] I'm up on the corner of Olson and Hampstead Road.

[1:22:54] I'm not right there. They're still obnoxiously loud

[1:22:58] when the trucks make those banging sounds,

[1:23:01] which happens definitely more than three

[1:23:04] to four times a week when that happens.

[1:23:06] Anecdotally, anecdotally, up as far as Penny Lane,

[1:23:11] it sets off dogs barking.

[1:23:13] Okay. Up by

[1:23:14] where Drew Woods is up there all around the neighborhood.

[1:23:17] You hear dogs going berserk. It is loud.

[1:23:20] And frankly I just, I want to see

[1:23:25] some actual action to make them a better neighbor

[1:23:29] before we see them expanding their business

[1:23:32] to be more of a nuisance.

[1:23:34] Because I personally living where I live, define them

[1:23:38] as a nuisance property.

[1:23:39] They're terrible to live near. So, thank you.

[1:23:44] So we can speculate about

[1:23:47] what the state had in mind when it made nurseries

[1:23:52] an agricultural use.

[1:23:53] Whether they really considered materials handling is part

[1:23:57] of a nursery business.

[1:23:58] 'cause I can tell you

[1:24:00] that when a large dump truck lets its gate slam,

[1:24:04] it sounds like an explosion halfway across town.

[1:24:06] It's loud. No fussing around with that. So

[1:24:11] Thank you for acknowledging that.

[1:24:13] Can you do anything about that?

[1:24:16] I can't. And the reason why is

[1:24:18] because I'm not the only one that gets deliveries.

[1:24:21] It's a massive neighborhood.

[1:24:23] There is, there is homes all around that receive delivery

[1:24:27] of all kinds of product.

[1:24:29] I don't know which ones are getting what at what time.

[1:24:31] So we can't put a regulation saying every time a truck

[1:24:33] bangs, if they're building a house,

[1:24:35] which they have been building a house about 400 feet down on

[1:24:39] Hamstead on the right, paving trucks,

[1:24:42] material trucks coming in, tractor

[1:24:44] to trailer trucks delivering things within

[1:24:47] earshot of these neighbors.

[1:24:49] I can't be responsible for that.

[1:24:51] I, there I can't be looked at. Is is the problem.

[1:24:56] I can't be I understand. I I just can't, what

[1:24:58] what I'm asking is, can you talk to your delivery vendors?

[1:25:02] I'm gonna go out on a limb here

[1:25:04] 'cause I don't, I'm not a trucker

[1:25:06] and I don't really understand this,

[1:25:08] but my belief from having seen some of those things come

[1:25:11] to my house and, and they bang their gate

[1:25:15] to shake the last little bit of, of,

[1:25:18] of material loose from the bed.

[1:25:21] Right. It, it's sounds right.

[1:25:23] It's not actually what they need to do to close it.

[1:25:25] They're doing a intentional bang to shake everything loose

[1:25:29] so they don't have to go up there with a shovel

[1:25:30] and get the last dreads.

[1:25:32] Is that something you can affect?

[1:25:34] I mean, can we, can we put a sign out by our bins

[1:25:37] or tell our vendors that, you know, no banging gates?

[1:25:40] I don't, I'm not a truck driver, so I can't tell you if

[1:25:42] that's possible. It might be possible.

[1:25:44] Anyone else actually understand that.

[1:25:47] That's why they do it. Mr. Chase?

[1:25:50] Yes. Being the owner of a truck, dump truck,

[1:25:53] that is why we bang the gates.

[1:25:56] It can, the load can be dumped without banging the gate.

[1:26:00] As they pull away from the pile, they pull away slowly

[1:26:04] and let the gate come down off the pile slowly

[1:26:06] and it will not slam.

[1:26:08] But there may be some material left in the bed of the truck,

[1:26:12] depending on his moisture content,

[1:26:13] whether they got a slippery bed, whatever.

[1:26:16] So yes, it, you could ask your vendors

[1:26:20] to not let their gate slam. That is

[1:26:22] Possible. I can add signage for that.

[1:26:23] Especially if they're doing it just

[1:26:25] to get the last little sticky bits out the bed. You know, a

[1:26:28] Six wheeler.

[1:26:29] It's not bad to get up in there

[1:26:30] and get what little is left A triaxle Yeah, it's done

[1:26:35] possible to get there and get the last little,

[1:26:37] But again, I'm, I'm happy to help.

[1:26:39] I'm happy to put a sign up and, and

[1:26:41] and try to control what I can control.

[1:26:42] But again, a quarter

[1:26:44] of a mile the other direction, there's a horse farm.

[1:26:46] I actually know the owner, they receive product

[1:26:49] by dump truck the other direction.

[1:26:51] They were building a house on the same road.

[1:26:52] I don't know when the next house is gonna be built.

[1:26:54] So I can control what I can control. I'm happy to do that.

[1:26:58] Yeah, I think that's fair. I mean it,

[1:27:00] this should be a two way street.

[1:27:01] If, if you can do what you can to get your vendors not

[1:27:04] to do the, the gate banging in order

[1:27:06] to get the last little drs out.

[1:27:07] Right. You can't control anyone else in, in the vicinity.

[1:27:12] And, and the neighbors need to be aware that,

[1:27:13] and you're not the only one who gets dump truck deliveries,

[1:27:16] but if you're doing the right thing,

[1:27:17] hopefully they'll also cut you a little slack.

[1:27:20] Right.

[1:27:22] With respect, we, we've never had these issues

[1:27:24] until he moved in.

[1:27:25] I don't think it's a leap for us to say

[1:27:27] that he is the problem here.

[1:27:29] I also do want to directly ask, well

[1:27:32] The church didn't certainly do that.

[1:27:34] Correct. The the church didn't make

[1:27:36] noises when they were closed down.

[1:27:37] It didn't make noises. We didn't have noise

[1:27:39] problems in the area.

[1:27:41] He moved in and now we have noise issues.

[1:27:44] It's pretty unfair to blame the horse farm. I mean, come on.

[1:27:47] Yes, there is one house being built

[1:27:49] that is right a little bit down the road from him.

[1:27:53] It's the same house that he disparaged our neighborhood

[1:27:58] by accusing us of having disgusting

[1:28:00] dumpsters out by the road.

[1:28:02] When people were talking about

[1:28:03] how his property didn't look good,

[1:28:04] it was actually just a house being built.

[1:28:06] Thank you for disparaging our neighborhood.

[1:28:08] But in any case, I do want to directly ask,

[1:28:12] there's been a lot of Could you, could you Yeah, I could.

[1:28:15] Mr. Della Hunte, will you commit

[1:28:19] to putting in signage here on the record rather than just

[1:28:23] saying, yeah, it's something I could do.

[1:28:26] So first of all, my name's not Mr. Della Hunty my name.

[1:28:28] I'm so sorry Mr. Aka. Secondly,

[1:28:30] I didn't disparage the house

[1:28:31] that was being built down the street.

[1:28:33] I know this is a tit for tat I'm trying,

[1:28:34] that was in a butter that,

[1:28:36] that was in abut on the other side down the, down,

[1:28:38] down the way when they, that was talked about.

[1:28:40] But when I spoke about dumpsters in someone's front yard,

[1:28:43] it's the other direction actually in his, in his vicinity.

[1:28:46] It's across from one of the other abutters

[1:28:48] across the street from me. So I, I'm

[1:28:49] I'm gonna cut this.

[1:28:50] I'm just clarifying My name. It's not, I

[1:28:53] Don't care about that ta who said

[1:28:54] what about who really doesn't matter.

[1:28:55] Nothing to do with the planning board. I'm sorry. Right.

[1:28:58] It may have to do with the emotions behind the concerns,

[1:29:01] but it, it's not something we can take into

[1:29:03] account in a delivery.

[1:29:04] Understood. I, I did just ask a, a direct question to Mr.

[1:29:08] Ya. So can we, can we ask you

[1:29:09] to put a condition on the ex approval of the expansion

[1:29:14] that you will instruct the signage

[1:29:17] or whatever your delivery drivers not

[1:29:21] to bang their tailgates in order

[1:29:23] to clear the last bit of material.

[1:29:25] Is that a reasonable restriction for you?

[1:29:29] I can ask, but I can't.

[1:29:30] I, you know, I, again,

[1:29:31] I can't control if there's another delivery somewhere else

[1:29:34] and then I'm, then someone goes to,

[1:29:36] or now I guess it's electronic files a complaint about me.

[1:29:39] I, I can't put signage. I'm happy to do it.

[1:29:43] I'm happy to put that as a condition if you'd like.

[1:29:44] I have no problem with that.

[1:29:46] Okay. Counsel sir. Thank you.

[1:29:51] Anyone else from the board? Yes,

[1:29:54] Mr. Chase.

[1:29:55] So I have a couple of clarifications if you could. Sure.

[1:30:00] And then I have a couple of questions, so Sure.

[1:30:04] On the second site plan that you gave compared

[1:30:07] to the first one, it shows existing container,

[1:30:12] existing shed, existing greenhouse.

[1:30:15] What then in the, when were those added?

[1:30:21] Because on, on the existing synopsis it said they were added

[1:30:24] at some point past. Yeah, so,

[1:30:27] So the existing shed was the garage

[1:30:29] that was there when I purchased the property.

[1:30:30] That's like a 24 by 24 I believe. Okay.

[1:30:34] They show it in purple. But it's existing the,

[1:30:39] it says existing greenhouse, it's actually not there.

[1:30:42] It's a frame. We just put a frame up

[1:30:45] so there's no nothing over the frame it, it's there now.

[1:30:50] The container was added.

[1:30:52] I don't have a date certain for you.

[1:30:54] So somebo sometime between when I moved in and now. Okay.

[1:30:57] Yes, those. So,

[1:30:58] Okay, so my question on those Yes.

[1:31:01] Are you did number one,

[1:31:05] they meet setbacks, especially the one next

[1:31:08] to the main building.

[1:31:10] It looks pretty close to the side lot line. Yeah.

[1:31:13] It's shown on this, in that area.

[1:31:14] It's actually tucked right up against the building

[1:31:16] and I do believe it meet the side set back.

[1:31:17] Yes. Okay. And sheds of that size,

[1:31:22] even the containers now need permits.

[1:31:25] They're over 120 square feet.

[1:31:27] You do get the appropriate permits, correct?

[1:31:28] I did not. I didn't know it was at the time. At the time.

[1:31:32] That's why it's on the plan now

[1:31:34] because at the time I was under the assumption

[1:31:36] that containers were allowed.

[1:31:39] I believe the, it's changed in anything above a hundred.

[1:31:42] Anything above 120 square feet you need a permit for,

[1:31:44] and they do have to meet the setbacks.

[1:31:46] Okay. The, that's right.

[1:31:48] Other concern that I have is on the snow storage on,

[1:31:54] I'll call it plan one, which showed most

[1:31:57] of the older conditions.

[1:31:58] Okay. Not this one. The other plant

[1:32:00] set opposite of this one.

[1:32:02] And it shows proposed equipment storage area,

[1:32:07] which is actually in your snow storage area.

[1:32:10] 'cause note 14, all snow storage shall be on paved

[1:32:15] and curved areas or bin locations.

[1:32:17] So if you're gonna put equipment storage there,

[1:32:22] where are you gonna put your snow storage now?

[1:32:24] And that equipment storage takes away

[1:32:27] eight spaces, nine spaces.

[1:32:30] So I don't have the plan in front of you.

[1:32:32] 2025 equipment storage where the equipment.

[1:32:37] So, which brings up my next question.

[1:32:39] So now he's got it in stock area.

[1:32:41] So if it's not gonna be equipment,

[1:32:43] but it's still gonna be stock area that's still taking out

[1:32:46] parking spaces and snow

[1:32:48] storage that you had designated. So I

[1:32:50] Guess, I guess I'm confused

[1:32:51] because I don't have, are you referring to the plan

[1:32:54] that's here or an older plan?

[1:32:57] It's the 2025 plan.

[1:32:58] Liz just got me to it. It showed, I just

[1:33:00] Don't have it so I can't, So it says in stock area

[1:33:04] by the purple existing shed.

[1:33:06] Oh yeah. Okay.

[1:33:08] That I don't know what, so that was designated as

[1:33:10] Is is my parking area.

[1:33:12] That's paper. I dunno what we don't put stock on

[1:33:14] The paper.

[1:33:15] Okay. So well this is, these are the things that need

[1:33:16] to be cleared up before we sign off on any plan set.

[1:33:19] 'cause if we sign off on this plan set

[1:33:21] that says new nursery storage area, then

[1:33:25] you know that's saying that you're able to do that.

[1:33:27] But that was designated in 2025 as your snow storage area.

[1:33:34] Yeah. And We were

[1:33:35] Asked, we were asked in TRC, I believe to,

[1:33:38] to do our very best

[1:33:40] to leave all the snow on the pavement. Correct.

[1:33:42] But let's note 14 on the plan, both plans. That's

[1:33:46] Note 14.

[1:33:47] We did that. I mean we had a lot of snow last year.

[1:33:48] We lost a lot of parking spaces,

[1:33:49] but we did our best to leave it on the pavement.

[1:33:51] Okay. Th that area

[1:33:55] that's gonna need to be corrected I guess by,

[1:33:57] by the engineer that, that green area

[1:34:00] why it carries over onto the pavement.

[1:34:02] I I don't understand the, it's

[1:34:05] that's the pavement's just staying in spaces. I don't

[1:34:07] So I would to to, to my satisfaction that would have to be

[1:34:11] corrected and snow storage areas, at least one needs

[1:34:16] to be designated on the plan

[1:34:17] and that needs to be taken. Well

[1:34:19] My understanding of the snow storage area though,

[1:34:21] Mr. Chase is when I left TRC is they wanted it

[1:34:24] on the pavement.

[1:34:25] Yes. It wasn't designated a particular

[1:34:27] That's, I'm talking about that area

[1:34:29] that you're talking about there that goes onto the pavement

[1:34:33] that was on the 2025 plan is snow storage area.

[1:34:37] So if you've got that as stock, that can't be snow storage.

[1:34:41] You are correct the note state

[1:34:43] that it has to be on the pavement.

[1:34:44] Sure. And on the new plan that you're submitting to us,

[1:34:47] you have nothing other than note 14 that designates

[1:34:51] where your snow storage area is gonna be.

[1:34:55] Mr. Chase, I have a a technical question. Question.

[1:34:58] Snow storage is useful when there's snow in the winter.

[1:35:00] Typically you don't have nursery plants out over winter.

[1:35:05] You sell 'em off. So the question is,

[1:35:07] is the snow storage area, is it forbidden to be used

[1:35:10] for anything else during the summer months?

[1:35:13] Probably not, but as I stated, there's nothing on

[1:35:17] that plan to designate any snow storage area.

[1:35:20] Period. And it would have to be noted if that was to be left

[1:35:24] as it is new nursery stock area

[1:35:27] that overflows onto the pavement.

[1:35:29] I would think that there would have to be a note that

[1:35:30] that would have to be removed

[1:35:33] before snow arrived to be used as a snow storage area.

[1:35:37] Unless he has another designated area.

[1:35:40] I'm just going by the 2025 plan that showed that

[1:35:43] as a snow storage area and he has nothing on

[1:35:44] the new plan. Okay.

[1:35:46] Yeah. Yeah. So if you have removed a, a designation

[1:35:51] of a snow storage area in going from the old plant set

[1:35:54] to the new plant set, that probably needs to be corrected.

[1:35:57] Corrected, yes. I I just

[1:35:59] assumed it was in the same spot.

[1:36:00] I apologize. I we're not moving the snow storage area.

[1:36:03] Yeah, we still have to leave the snow on the pavement.

[1:36:05] I it needs to be designated on the plan to,

[1:36:07] to comply with note 14. We, we

[1:36:10] We'll have it fixed Up.

[1:36:11] Okay. Thank, I know it's petty but

[1:36:13] It's not petty at all.

[1:36:17] And I believe that would be it.

[1:36:20] I would like it noted on the plan also

[1:36:22] that he get the required permits for the additional

[1:36:27] containers and be sure that they meet the setbacks.

[1:36:31] No problem. Thank you.

[1:36:37] Anything else?

[1:36:43] Okay. You seem to have reached some level

[1:36:45] of Thank you please.

[1:36:46] So can I have a, a motion to close the public hearing?

[1:36:49] So move Mr. Chair. Second.

[1:36:51] Moved by O'Connor, seconded by Malibu

[1:36:54] to close the public hearing.

[1:36:55] All is fair to say? Aye. Aye. Aye. Public hearing is closed.

[1:37:00] So do we want to have any deliberation on

[1:37:04] any of the issues?

[1:37:07] We, we talked about some notes that need to go on the plans.

[1:37:11] We talked about a prohibition

[1:37:13] or at least a, a good faith prohibition on dump trucks,

[1:37:17] banging their gates of those things that we want to add as,

[1:37:21] as conditions of approval for this amendment.

[1:37:25] What is the board's feeling on that?

[1:37:27] I mean, I I would agree with that

[1:37:29] because the applicant said he would be willing to sign up.

[1:37:34] I mean, I think we have to, to

[1:37:35] what we can reasonably do to Yeah.

[1:37:37] Mitigate issues for the, you know, the neighbors.

[1:37:40] I mean, I I do not think it's unreasonable for

[1:37:44] signs posted at the bulk storage areas where as,

[1:37:47] as the trucks back up to their areas,

[1:37:49] they're staring at a sign, please do not allow

[1:37:54] tailgates to slam something of that verbiage.

[1:37:57] I don't think that's unreasonable.

[1:37:59] And I wanted to ask the board, is there any

[1:38:03] we've hashed over the upland area pretty good.

[1:38:06] Does anybody have any qualms

[1:38:10] or questions about the new stock area

[1:38:13] around the building, the main building?

[1:38:16] Nobody's discussed that at all.

[1:38:18] Just wanna make sure that, that doesn't get overlooked.

[1:38:22] Just for clarity. Is, is

[1:38:24] that being expanded from nine feet to 14 feet?

[1:38:29] Where's the note on 14 feet?

[1:38:31] No, I think I had mentioned at the beginning the, the path

[1:38:35] that leads out to the upland area

[1:38:38] where they're gonna add stock.

[1:38:40] Originally when we discussed it a year ago at TRC,

[1:38:44] it was gonna be 14 feet wide.

[1:38:46] It's shown on the plan is nine feet wide mulched and

[1:38:48] It will remain as nine feet.

[1:38:51] Yeah, I believe so. Yeah. He

[1:38:53] Stepped Up.

[1:38:54] Yes. Okay. Yes.

[1:39:02] Anything else? All right.

[1:39:05] Let's then proceed with the findings of fact.

[1:39:10] Mr. Chair, move to fi move to find the proposed plan.

[1:39:15] Provide safe and efficient vehicle

[1:39:17] and pedestrian access in the design

[1:39:20] and construction of the access ways in walkways adequate

[1:39:23] to accommodate the anticipated volume of traffic proposed

[1:39:27] by the development in the previous findings

[1:39:30] of fact remain unchanged.

[1:39:32] Second, moved by O'Connor, seconded by Mabe

[1:39:36] to make findings of fact.

[1:39:37] Any discussion if not Mr. Chase?

[1:39:41] Yes. Mr. Young? Yes. Mr. Mni? Yes. Mr. O'Connor? Yes.

[1:39:46] Mr. Fishman? Yes. Mr. Pier? Yes. Mr. Yes. Mr. Maby? Yes.

[1:39:51] Chair votes? Yes. And on the conditional approval,

[1:39:56] Mr.

[1:39:57] Chair, I'm after review

[1:39:57] and deliberation of the amended site plan application

[1:40:00] for PID 1 0 0 1 2 Byrd Enterprise,

[1:40:05] the board finds the applicant has satisfied the general

[1:40:08] requirements of the land Development control regulations.

[1:40:12] Therefore the motion is to approve pursuant

[1:40:15] to RSA 6 76.

[1:40:19] Number four, room renewal.

[1:40:21] Three expedited review with the following conditions.

[1:40:27] One subject to owner's signature. So, oops.

[1:40:29] Conditions precedent,

[1:40:31] Conditions precedent, sorry.

[1:40:35] Subject to owner's signature

[1:40:38] at a planning board signature block to the lower

[1:40:42] right hand corner of the cover sheet.

[1:40:45] Number three, stock items to the front

[1:40:47] of the lot shall be placed in such a manner

[1:40:50] that they do not interfere with site distance

[1:40:53] for vehicles exiting the property.

[1:40:55] Number four, written,

[1:40:58] obtain written approval from the planning director slash

[1:41:01] designee that the GIS submission is received

[1:41:04] and is operatable and complies

[1:41:06] with the LDCR section one 70 dash 61 C

[1:41:11] number five, conditions precedent shall be met

[1:41:14] within six months.

[1:41:18] Number six, add signs to delivery trucks.

[1:41:22] Not to bang the tailgates.

[1:41:26] There was a comment on nurseries

[1:41:29] and he said it was just a frame and there was

[1:41:33] No be Any nursery.

[1:41:34] Is that, is is a frame structure,

[1:41:37] Was that initial, What you mentioned the storage

[1:41:40] container but not the frame for the nursery

[1:41:42] that had no covering over it.

[1:41:43] Is that a concern?

[1:41:46] No, not that the, he had said that one

[1:41:49] of the quote existing sheds was, was an existing garage

[1:41:52] that was there before he bought the property.

[1:41:54] I'm talking about the two 10

[1:41:56] by 20 storage containers that were moved in there.

[1:41:58] Okay. Okay. So Were there any other conditions that

[1:42:02] One more we would be at?

[1:42:04] Oh yeah, clarify the proper locations

[1:42:08] for the snow storage on the plan. That's

[1:42:10] What I got.

[1:42:11] Address snow storage area formally number 14

[1:42:13] on the original print.

[1:42:18] That is address the snow storage area

[1:42:20] formally number 14 on the original print.

[1:42:22] Okay, so, so Don,

[1:42:24] you can't look at me when you're talking,

[1:42:25] you gotta talk in the mic.

[1:42:28] I know it's polite looking who you're talking to,

[1:42:29] but it doesn't work here.

[1:42:33] Just for The record and I'll repeat it.

[1:42:35] Alright. Did, did the clerk get that? Alright,

[1:42:37] You got it. Okay.

[1:42:39] And, and you got the ion subsequent. You got that one

[1:42:45] In, in the fine print condition.

[1:42:47] Subsequent subject to onsite inspection

[1:42:50] by the town engineer will keep him

[1:42:53] Busy.

[1:42:54] We have a conditional approval moved

[1:42:55] by O'Connor, seconded by Maie. Any discussion?

[1:42:58] Just for the record? Did did we capture the permit?

[1:43:02] I know it was, there was some talking over Mr. O'Connor.

[1:43:06] What was the question? I'm Sorry. The, the 10

[1:43:07] by twenties, was that captured in

[1:43:09] The, From what I,

[1:43:11] the storage containers issue from Randy?

[1:43:13] Yeah, the, that was Storage?

[1:43:15] No, no, no. For the 10 by twenties, the

[1:43:17] 10 by 20 containers.

[1:43:18] He must have obtained the permits

[1:43:22] and make sure that they adhere

[1:43:24] to these setback requirements.

[1:43:25] Alright, so that needs to be an additional

[1:43:28] subsequent condition of approval. Yeah.

[1:43:29] Oh, I, I captured that

[1:43:31] as a condition precedent number seven, based on

[1:43:33] how he was saying it.

[1:43:36] Yes. Okay, great.

[1:43:38] I guess we did, you only went as far as six.

[1:43:40] So we, we got it? Yep. Yep. Okay. Yeah.

[1:43:42] Any other discussion? Mr. Chase?

[1:43:47] Yes. Mr. Young? Yes. Mr. Menini? Yes. Mr. O'Connor?

[1:43:52] Yes. Mr. Fishman? Yes. Mr. Pier? Yes. Mr. Chair Cello? Yes.

[1:43:57] Mr. Ami? Yes. And the chair votes? Yes.

[1:44:00] Thank you very much and I, I hope everything works out well

[1:44:03] for everyone honestly.

[1:44:04] Thank you.

[1:44:11] Okay, so let me find my agenda.

[1:44:18] So the next public hearing is KAA Realty Trust.

[1:44:25] Some long roman numeral that I won't try to decode

[1:44:29] for PID 3 6 0 1 7 1 57

[1:44:34] Crystal Avenue.

[1:44:36] Okay, thank you. So this proposal is for the redevelopment

[1:44:40] of a one story former bank building with a drive through.

[1:44:43] The intent is to convert a two tenant is

[1:44:46] to convert the former Bank

[1:44:48] of America building into a two-ten building containing

[1:44:51] Santander Bank, which will retain the drive through

[1:44:54] for ATM use and a Qdoba restaurant.

[1:44:58] The square footage will remain the same with no additions.

[1:45:00] Proposed Qdoba will add a small outdoor patio in a

[1:45:04] former green space area.

[1:45:06] The lot is serviced by municipal water and sewer

[1:45:08] and the project will add underground propane tanks.

[1:45:11] The parking lot has been reconfigured

[1:45:13] to add spaces on the south side of the parking lot

[1:45:16] and spaces were removed to the north side in the middle

[1:45:18] to accommodate the exit.

[1:45:19] Four. A project in a DA requirements

[1:45:22] fire lanes have been added to the plan

[1:45:24] and sidewalks will be restored.

[1:45:26] Parking appears to be adequate

[1:45:28] for the current uses proposed on site.

[1:45:31] The main access point to the site is from Crystal Ave.

[1:45:34] The existing condition is being slightly amended

[1:45:37] to narrow the entrance and exit points

[1:45:38] to avoid traffic conflicts on Crystal Avenue.

[1:45:41] The site will be accessed from Crystal via a

[1:45:44] right in and a right out.

[1:45:45] Only access to

[1:45:47] and from the site is also available from the backside

[1:45:49] of the property adjacent to Citizens Bank.

[1:45:52] A landscape plan has been provided.

[1:45:54] The existing site would not meet today's landscape

[1:45:57] requirements, but the design team has added green space,

[1:45:59] trees and shrubs where they could.

[1:46:02] A DRE screen dumpster is proposed in the southeast portion

[1:46:05] of the lot, which does not meet the setback requirement.

[1:46:08] Therefore, a waiver has been requested.

[1:46:10] The sign location will not change from the existing

[1:46:12] and facsimiles have been proposed and

[1:46:15] provided in your packet where the properties located

[1:46:18] in the GC district.

[1:46:19] The planning board review of the architectural design

[1:46:21] for the building signage

[1:46:22] and facade changes would be at a medium

[1:46:24] high level of compliance.

[1:46:26] A stormwater memo is included in the application package

[1:46:29] and the current plan does not meet requirements

[1:46:32] and a waiver has been requested.

[1:46:33] However, they are reducing the impervious area on site in

[1:46:37] lessening the total runoff by 2.9%.

[1:46:41] A traffic memo is included with the submittal documents

[1:46:44] and per the trip generation summary.

[1:46:46] This project will generate 1,386 vehicle trips per day on a

[1:46:51] weekday and 1,536 vehicle trips per day on a Saturday.

[1:46:56] Staff reviewed the accident reports

[1:46:58] for this area spanning a five year period

[1:47:01] provided by the police department.

[1:47:02] There was only one serious accident resulting in a serious

[1:47:05] injury in disabling damage to the vehicle

[1:47:09] and that actually came out from Crystal from Hood Commons.

[1:47:12] Not this lot. The 11 remaining accidents consisted of angle,

[1:47:16] T-bones and sideswipes with no serious injuries.

[1:47:19] Finess Associates, Inc.

[1:47:21] On behalf of Gale Associates, reviewed the traffic summary

[1:47:24] and observed that 30% of the trips will likely be passed bys

[1:47:27] or motorists that are already in the area.

[1:47:29] And that impacts to Crystal Ave will be limited

[1:47:33] because of the restricted right in and right out.

[1:47:37] And some of the traffic will divert

[1:47:38] through Hood Commons to Pinkerton Street.

[1:47:42] And the plan does have 35 spaces on it.

[1:47:46] The VNAs report noted a shortage of seven.

[1:47:50] They missed some of those spaces on the plan.

[1:47:54] The DOT project area

[1:47:55] for exit four A is being depicted on the site plan sheet.

[1:47:59] New Hampshire DOT has no issues with the proposed work.

[1:48:02] GPI has discussed the project with Wendy Johnson

[1:48:05] and Jay Levine of New Hampshire, DOT, who requested a copy

[1:48:08] of the approved plan for their records.

[1:48:11] The applicant is requesting six waivers.

[1:48:14] I would note that this is a redevelopment site with a lot

[1:48:17] of constraints, which does make it harder

[1:48:18] to meet the requirements.

[1:48:21] The location of the water connection on Crystal Avenue is

[1:48:24] unknown at this time and will require further investigation.

[1:48:28] The design team has been working with the water department

[1:48:30] and the location of the dumpster as depicted on the plan,

[1:48:34] might impede access to the two future ATM lanes.

[1:48:37] So the board is being asked to look at that.

[1:48:40] Staff anticipates potential queuing within the site is

[1:48:43] patrons exit onto Crystal Ave when traffic stopped at the

[1:48:46] intersection waiting to turn right on Shani.

[1:48:50] You know we all sit through those lights sometimes.

[1:48:52] We know that it's just you had to wait for the light to turn

[1:48:54] and, but there will be some queuing there.

[1:48:56] The lighting plan appears to be adequate

[1:48:59] for the commercial site.

[1:49:01] It does appear to be overly bright at the property line.

[1:49:04] So if the board could look at that, you do have a list

[1:49:07] of the six waivers.

[1:49:08] They will need a sewer connection permit

[1:49:11] and the request would be

[1:49:12] to review the site plan as proposed.

[1:49:14] Determine regional impact review the side

[1:49:16] and the facade renderings.

[1:49:19] Chris Tamla of GPI is presenting. Bob Bollinger is here.

[1:49:23] And Greg Nolan from kaa.

[1:49:26] Great. And what is the board's pleasure on jurisdiction?

[1:49:31] Move to accept jurisdiction.

[1:49:34] You gotta read the Oh, John, go ahead. I

[1:49:36] Don't have, I don't have the paper.

[1:49:39] He's got the paper right in front of him.

[1:49:41] Move to accept jurisdiction of the site plan

[1:49:43] before the board for Kafu.

[1:49:46] Did I say that right? PID 3 6 0 1 7 dash

[1:49:50] 0 1 57. Crystal Avenue

[1:49:54] Second.

[1:49:55] Okay. Moved by O'Connor, seconded by

[1:49:57] Malibu to accept jurisdiction.

[1:49:58] Any discussion Mr. Chase? Yes. Mr. Young? Yes. Mr. Menini?

[1:50:02] Yes. Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. Palantier?

[1:50:06] Yes. Mr. Ello? Yes. Mr. Maby? Yes. And the chair votes? Yes.

[1:50:11] And on the determination of regional impact,

[1:50:13] Mr.

[1:50:14] Chair, pursuant to RSA 36 CO 56,

[1:50:17] the board finds the proposal

[1:50:18] as presented at this time meets the definition

[1:50:21] of a development of regional impact. Second,

[1:50:24] Moved by O counter, seconded by Malibu

[1:50:26] to find jurisdiction, I mean regional impact. Mr. Chase?

[1:50:31] No, this is a small re reuse

[1:50:35] of an existing building with no major site work to be done.

[1:50:40] Therefore, it does not meet the definition

[1:50:42] of regional impact.

[1:50:43] Okay. Great. Mr. Young, Same reasons

[1:50:47] Mr. Menini?

[1:50:48] No. For the same reasons. Mr. O'Connor?

[1:50:51] No. For the same reasons. Mr.

[1:50:52] Fisherman? No. Mr. No.

[1:50:55] For the same reasons. Mr. Ello? Nope. Mr. Maldy? No.

[1:50:58] For the same reasons. Chair votes? No for the same reason.

[1:51:02] Can we have a motion to open, open a public hearing?

[1:51:05] So moved Mr. Chair. Second.

[1:51:06] Moved and seconded to open the public hearing.

[1:51:08] All those in favor to say aye. Aye. Public hearing is open.

[1:51:11] Please give us your opening statements. Great,

[1:51:14] Thank you Mr.

[1:51:15] Chairman, members of the board for the record. Chris Mula.

[1:51:17] I'm a professional engineer

[1:51:18] with Green New Peterson here on behalf of Food Realty.

[1:51:21] Sometimes I debate even doing a presentation

[1:51:23] 'cause Liz essentially steals my thunder every single time.

[1:51:26] But it is what it is.

[1:51:27] With me tonight is obviously Greg Nolan from Food Realty

[1:51:30] and Robert Bollinger our,

[1:51:31] our traffic consultant on the project.

[1:51:34] So what I'd like to do is just kind of go through

[1:51:36] existing conditions, up through sort

[1:51:37] of the landscaping grading and stuff like that

[1:51:39] and kind of go through the meat and potatoes of the project.

[1:51:41] So if you can go back two slides

[1:51:43] to the existing conditions please.

[1:51:52] Great, thank you. So obviously what we're looking at is the,

[1:51:56] the former Bank of America site at 57 Crystal Ave.

[1:52:00] You can see that the, the existing building is essentially

[1:52:03] generally located in the middle of the lot.

[1:52:06] It's surrounded by parking drive aisles. As Liz mentioned.

[1:52:10] We have a right in right out access point along Crystal Ave.

[1:52:14] And there's also a full access driveway

[1:52:17] to Hood Commons in the rear.

[1:52:21] The building, as Liz mentioned,

[1:52:23] it's about a 5400 5400 square foot building.

[1:52:26] There are four pickup lanes in the rear,

[1:52:29] and circulation is generally in a counterclockwise

[1:52:32] manner throughout the site.

[1:52:35] Next slide please. This is just basically an overall site

[1:52:40] plan showing the development itself, hook commas

[1:52:43] to the right five guys to the North Sunoco to the

[1:52:48] to the west, and then the rest of Hood Plaza

[1:52:52] to the south of that as well.

[1:52:54] Next slide. So the, the demolition plan,

[1:52:59] basically the, the intent of this plan is

[1:53:01] to really kinda show the, where the saw cuts and the,

[1:53:03] and the ea and the,

[1:53:05] the onsite site improvements are on the ro.

[1:53:08] The lower right hand side is

[1:53:09] where the proposed dumpster enclosure will be.

[1:53:12] On the lower left hand side of the building is where the,

[1:53:15] the water and the sewer connections are going to be.

[1:53:18] And then you can see the dash lines along the left hand side

[1:53:20] where the parking lot is, is

[1:53:22] where we're actually reducing the width of the parking lot

[1:53:25] to increase green space,

[1:53:27] but still comply with the overall parking requirements,

[1:53:30] drive aisles and parking spaces.

[1:53:35] Next slide please. Oh yeah, next slide. Thank you.

[1:53:39] So the, the redevelopment project was,

[1:53:41] was initially minor site work with the majority of the site,

[1:53:45] work with the majority of the work,

[1:53:46] looking at the interior remodel of the building.

[1:53:49] However, based on common during the TRC process,

[1:53:52] the additional site changes have been incorporated in,

[1:53:54] in the current plans, which include expansion

[1:53:56] of the parking, the green space and everything.

[1:53:59] I'll kind of go through, as Liz mentioned,

[1:54:03] the building would be split into Santa Santander bank

[1:54:07] with the drive through as well

[1:54:09] as the Qdoba sit down restaurant.

[1:54:11] The front parking lot will be res stripped

[1:54:14] and even reduced in size, like I mentioned, to comply

[1:54:16] with the 10 foot parking setback required

[1:54:18] along the property line.

[1:54:23] The front parking meets the tower requirements

[1:54:25] for stall size drive aisle with a DA access

[1:54:30] to Crystal Ave, while maintaining the same access along

[1:54:33] Crystal Ave in the same counterclockwise

[1:54:37] circulation around the site.

[1:54:39] The, the drive through area has been reduced from four lanes

[1:54:42] down to two with the potential to expand for future use

[1:54:47] with the DOT use, which is shown in red on the plan.

[1:54:51] As Liz mentioned as well, we did meet with DOT

[1:54:54] about a month ago and we want

[1:54:57] to discuss the project overall timing, the driveways

[1:55:01] and changes and overall DUT was amenable to the plans,

[1:55:04] willing to work with the applicant as well as the contractor

[1:55:07] once site construction begins.

[1:55:10] In addition to the, the front parking,

[1:55:14] we also show the new fence dumpster,

[1:55:15] which is in the lower right hand corner of the plan.

[1:55:18] We have new LED pole lights.

[1:55:21] The outside patio area is on the lower left hand

[1:55:23] side of the front of the building.

[1:55:25] We've added snow storage, increased green space and

[1:55:28] provided way finding signs throughout the site.

[1:55:31] In the event that the traffic along Crystal lab

[1:55:34] basically blocks the driveways.

[1:55:36] It'll provide some way finding signs to essentially direct

[1:55:40] customers to the back of the site, to the back

[1:55:41] of the driveway and how to ultimately get out

[1:55:43] to Crystal a and ine.

[1:55:45] But obviously somebody going there

[1:55:46] after a while, they're gonna kinda understand

[1:55:48] what the site is, is doing.

[1:55:49] Anyway, next, next slide please.

[1:55:56] Yeah, so on a grad utility plan we've identified basically

[1:56:00] with a new water

[1:56:01] and the sewer are again on the lower

[1:56:03] left hand side of the building.

[1:56:05] We have a new exterior grease trap on the upper side

[1:56:09] of the building on the opposite side of the driveway.

[1:56:11] We have some underground liquid propane tanks.

[1:56:14] We have a roach controls throughout the site

[1:56:16] and Spock grad based on the location of the traction closure

[1:56:20] as well as the the new parking lot in the front of the site.

[1:56:25] Next slide. This is our landscaping plan.

[1:56:28] So again, what we've tried to do is we've tried to comply

[1:56:30] with the landscaping as best possible,

[1:56:32] obviously there's a lot of street existing trees along the,

[1:56:35] the bottom portion of the plan, there are some ex

[1:56:39] existing trees on the top portion of the plan.

[1:56:42] We've added some street trees along the front.

[1:56:43] We've added some landscaping islands and we've,

[1:56:46] and again, we've all increased the,

[1:56:48] the green space on the outer limits

[1:56:50] of the, of the parking itself.

[1:56:53] And anywhere that there's, that, there's disturbed areas,

[1:56:55] there'll be lowing seed for final construction.

[1:57:01] Probably skip a couple sheets to the truck turn plan please.

[1:57:05] Yep. Thank you. So what this plan depicts it shows that the,

[1:57:09] the dairy fire truck can get in

[1:57:11] and outta the site without going through parking spaces

[1:57:14] and easily get in and out of the, the right in

[1:57:16] and right out curb cut that is proposed and,

[1:57:19] and actually existing there today.

[1:57:21] Next sheet. And this is our lighting plan.

[1:57:25] So essentially the, the, the lighting has been designed

[1:57:28] to replace old light poles that are there today.

[1:57:30] We've actually removed some of the light poles that are

[1:57:33] where the proposed underground propane tanks are.

[1:57:36] They'll all be LED down, down downward facing

[1:57:41] light poles and fit fixtures.

[1:57:43] We can further look at the, the light intensity,

[1:57:45] but we feel that the overall light intensity is round a half

[1:57:48] a foot candle to a foot candle at the property lines.

[1:57:50] So we do, we do feel that it's adequate,

[1:57:53] but we can re revisit that

[1:57:54] and see if we can reduce those further.

[1:57:57] And then if you just want to jump a couple head One more.

[1:58:00] Yep. So then what this is,

[1:58:02] this is basically the exterior

[1:58:03] elevations, the front view of the site.

[1:58:06] You can see on the upper right hand side

[1:58:08] where the existing building is, is shown today.

[1:58:11] There's not a lot of windows and, and, and glass out there.

[1:58:14] The low, the the top left building,

[1:58:17] it basically shows the new color scheme,

[1:58:20] some added architectural design

[1:58:22] elements on top of the building.

[1:58:23] So the actual roof is actually being raised up slightly

[1:58:25] with some, some new cornice and new trim Qdoba sign and,

[1:58:30] and the Santander sign

[1:58:31] and the color palette for, for both will be

[1:58:34] maintained as part of this development.

[1:58:38] In addition to the plans, like Liz said, we did,

[1:58:39] we do have some wave requests I can get into them if the

[1:58:42] board so chooses outta the six wave requests.

[1:58:45] Four of 'em are really dependent on the existing site

[1:58:48] constraints that are, that are there today.

[1:58:51] The two new ones are the, again, the, the dumpster location,

[1:58:55] the wave request for location of that, as well as the,

[1:58:57] the storm water, not providing a full stormwater report,

[1:59:01] but we do have a decrease in overall imper coverage.

[1:59:03] So therefore there, there will be ultimately a,

[1:59:05] a decrease in, in stormwater run, leaving, leaving the site.

[1:59:11] Lastly, lake List said we did receive comments from

[1:59:13] VI from a traffic point of view.

[1:59:15] Again, Bob is here from our traffic point of view.

[1:59:17] We can get into it if the board feels,

[1:59:19] but we overall have no general concern or comments

[1:59:22] and we'll, we can address those

[1:59:23] items as part of the approvals.

[1:59:26] With that, I'd be happy to answer any questions.

[1:59:29] So I have a curiosity question.

[1:59:33] Oh, you know, an app in curiosity,

[1:59:35] So I'm looking at sheet a 1.0 in terms of how the,

[1:59:40] the space is divided between the two tenants.

[1:59:42] One of them is proposed to be a bank

[1:59:45] and you're proposing to remove both of the vaults

[1:59:48] that are currently in that building.

[1:59:50] I guess that's why I have my cl my my client here

[1:59:52] Because you may not know that, but Correct.

[1:59:54] One of them was originally dairy bank

[1:59:56] and trust back in the day, the first bank I ever dealt with.

[1:59:59] And the other one was a savings bank.

[2:00:00] The reason there's two vaults in that building,

[2:00:03] it's originally hosed two different banks.

[2:00:06] Interesting. Seems a shame if the bank

[2:00:09] needs a vault to rip it out.

[2:00:10] But I'm just, just curious.

[2:00:12] Dave wants to know for dairy, historic reasons

[2:00:17] Not there's any money in there.

[2:00:20] And check for money for

[2:00:21] The record.

[2:00:22] Greg Nolan with Kafu Realty.

[2:00:24] Yeah, there's two vaults in the, there is, yes.

[2:00:27] We, we intend to remove them.

[2:00:29] Okay. Sand, air doesn't want one.

[2:00:31] They don't, I wish they did 'cause they're not cheap

[2:00:33] To remove their own.

[2:00:34] I I I'm gonna answer it.

[2:00:35] Not cheap to remove, but, okay, cool.

[2:00:37] Thank you for, for answering that item of, of curiosity.

[2:00:43] Other questions from the board?

[2:00:45] I do. Mr. Churchill. Yeah.

[2:00:47] Thank you Mr. Chairman, I've got a couple of questions.

[2:00:48] So first one will be the dumpster.

[2:00:51] Is that, is that fenced in?

[2:00:53] So it's on, it's not out in the open.

[2:00:56] It is, yes. Okay.

[2:00:57] And where did you say that location was again?

[2:00:59] So that is the low, so basically plan view the lower right

[2:01:01] hand side of the, of the site.

[2:01:03] So basically there, it, it's,

[2:01:04] it's fitting into the existing Okay.

[2:01:06] Drive out of that's there today. All right,

[2:01:08] Perfect.

[2:01:10] The, on the, in the front of the building

[2:01:12] where the line stripes are, is that an island

[2:01:15] or is that just painted stripes?

[2:01:16] It's, it's all painted stripes. Okay.

[2:01:17] So basically the reason for that is basically the, the,

[2:01:20] the stormwater runoff currently sheet folds across the site.

[2:01:23] Yep. So if we add any landscaping, any raised beds

[2:01:25] or anything like that, you're going to impede the, the Yeah.

[2:01:27] The stormwater runoff and there's no,

[2:01:29] there's no catch basins in the area,

[2:01:30] so there's no way further runoff to go.

[2:01:32] Okay. Will the, I,

[2:01:35] I know the banks got the drive throughs,

[2:01:36] but will the, will Cordoba have drive through?

[2:01:39] No, no, no drive through. Okay.

[2:01:44] Is there any street signs?

[2:01:47] There is an existing freestanding sign.

[2:01:49] So top left hand corner of the site,

[2:01:52] there's an existing sign that's there today.

[2:01:53] It's just being reface with, with the new branding.

[2:01:56] Okay. 'cause you had two businesses.

[2:01:58] So will the, will the sign size increase or

[2:02:00] The sign the sign will Not increase Same size?

[2:02:02] Yep. Okay. And that's already been relocated

[2:02:06] for the, for a project, right?

[2:02:07] Exactly. As part of the DOT work,

[2:02:09] they had actually already gone ahead and moved the sign

[2:02:11] because DOT is doing the road roadway widening

[2:02:14] that will encroach partially on the property.

[2:02:16] Yeah. So they want to make sure

[2:02:17] that the sign is pushed back far enough.

[2:02:19] Okay. And luckily,

[2:02:21] I guess the sign is actually far enough back

[2:02:23] that it, that it meets zoning. Oh

[2:02:24] Good.

[2:02:25] Okay. And then it looks like you've got a little bit of

[2:02:28] outside seating for the restaurant, correct.

[2:02:31] What is that like three tables? Yep,

[2:02:32] That's three tables, yes.

[2:02:34] Okay. It's essentially seasonal. Seasonal

[2:02:37] Tables.

[2:02:38] Okay. And then I just have a weird question.

[2:02:39] I don't know, can you go to the overlook,

[2:02:43] the over actual overhead view?

[2:02:46] I'm just curious as to that'd be page,

[2:02:50] the colored aerial photo.

[2:02:52] It's the aerial, yeah. From the top. So it's, there you go.

[2:02:56] Okay. So I see where the lot lines are,

[2:02:59] but what's, there's a lot behind that

[2:03:02] with extra parking spots. Who owns

[2:03:04] That?

[2:03:05] That that's all part of the Hood Hood Garins Plaza.

[2:03:07] So, so the Plaza owners own that

[2:03:09] because I, I mean I frequent that area quite a bit

[2:03:14] and no one, no one really uses it.

[2:03:16] Sometimes Tractor Supply puts trailers there.

[2:03:20] Oh, okay. And there is a, they have trailer.

[2:03:22] I'm sorry, there's an ATM in there, right?

[2:03:24] Well there is, but, and the paving's horrible, but,

[2:03:26] but their trailers are usually closer to the store.

[2:03:31] They also store the snow removal equipment there too.

[2:03:34] All snow usually goes there. Yeah. Yeah.

[2:03:36] That's true. Okay. Alright.

[2:03:37] I was just, so based on our survey, that area is owned

[2:03:39] by Hood Commons, LC.

[2:03:41] Okay. Alright. I was just curious on that. Thank you.

[2:03:45] That's what Mr. Ozzy?

[2:03:47] Yes. Can I piggyback off Mr. Ello with the signage?

[2:03:51] Stick to this map please.

[2:03:55] There's a little boy I wish I could get.

[2:03:57] He, he asked could you go over to where the parking lot is,

[2:04:00] the bigger parking lot that Mr.

[2:04:02] Yes. Right over there. That line right there.

[2:04:04] Will you there be a signage there that says either exit

[2:04:08] or enter only or will people be able to come in

[2:04:11] and come in out of that Right

[2:04:13] where his arrow is? Either one. Yeah.

[2:04:14] So, so that area where the arrow is, right,

[2:04:16] we're not proposing any signage for anybody coming in.

[2:04:18] Yep. But for the, for the exiting driveway leaving there,

[2:04:21] there'll be signage saying, you know, two shne take a left

[2:04:24] to two Crystal A take a.

[2:04:26] Right. So it's, it's basically the way finding signs

[2:04:29] that we're, that we're proposing is to allow anybody

[2:04:32] that's on the site trying to get out to the, to the, to the,

[2:04:35] to the roadway system to have multiple ways to get out

[2:04:38] of the site so that

[2:04:39] that driveway in the back is basically just full access.

[2:04:41] You can come in, you can come out

[2:04:43] Either way, so you're not gonna have, do not enter

[2:04:45] or anything exactly where that little finger is

[2:04:47] Correct.

[2:04:48] At, at this point. We're not, look, it's,

[2:04:49] it's right now it's full access.

[2:04:50] We're not looking to change that. It's

[2:04:51] Kind of the way it works today.

[2:04:53] If, if, if you know, the, the crystal is is backed up,

[2:04:57] you can go another turn

[2:04:59] around the building and get out that way.

[2:05:01] Correct. And I just worry that, see where the,

[2:05:04] 'cause I use that a lot 'cause I'm a Citizens Bank patron,

[2:05:08] I guess is the word I'm looking for.

[2:05:09] Exactly. Correct. Right there.

[2:05:11] And I use that little cut right there, right

[2:05:13] where you just went that little cut.

[2:05:15] Yeah. And I'll tell you, I've learned by,

[2:05:18] by almost getting hit

[2:05:19] and sideswiped that spot where your finger is Exactly.

[2:05:22] That is a very, that's a, that's a,

[2:05:25] that's a dangerous little spot right there.

[2:05:26] 'cause people come in and out of there to either go

[2:05:29] to five guys, go to Citizens Bank or to try to cut through

[2:05:32] and get onto Shani or get onto Pinkerton Street.

[2:05:36] So I just, with more traffic coming in

[2:05:39] and out of there, I just,

[2:05:41] You just give away the Big secret though.

[2:05:42] Yeah, I guess, I guess Mr.

[2:05:45] Chairman, to that point right now,

[2:05:46] we are not calling out anything at that driveway.

[2:05:49] We're not calling out a stop sign or a stop bar.

[2:05:51] We can add a stop sign and a stop bar on our property.

[2:05:54] We, we can't do anything off, off our property.

[2:05:56] It's, it's obviously not

[2:05:58] Our, not our property.

[2:05:59] And probably part of the problem, Mr.

[2:06:00] Moey, is those shrubs that maybe should be cut back,

[2:06:03] but that's not on their property either.

[2:06:05] I, and I'm, I'm not just, I'm just proposing

[2:06:08] that on your side of the property, just the signage.

[2:06:11] That's why I was asking, piggybacking off Mr.

[2:06:13] Ello, will there be any signage right where that finger is,

[2:06:17] whether it says one way,

[2:06:20] do not enter, only come in that, you know,

[2:06:23] Whatever.

[2:06:24] I think I, I think not allowing that

[2:06:25] to be a safety valve exit would be probably a

[2:06:27] bad idea in my opinion. Okay.

[2:06:29] Okay. Because this Chris Level's gonna, gonna back up.

[2:06:33] So any other

[2:06:38] comments, questions from the board?

[2:06:40] Mr. Chase?

[2:06:42] I have a question about waiver number three.

[2:06:46] How extensive where you say

[2:06:48] that a bank is taking out both vaults,

[2:06:53] how extensive is the reconstruction

[2:06:55] gonna be of the drive through?

[2:06:59] Not, I mean, they're gonna reuse the existing for start.

[2:07:02] They're going to, they'll add their, their ATM

[2:07:07] and and speaking with Santander.

[2:07:10] I'm trying to think of my Cronin.

[2:07:14] It's, it's pretty, you know, straightforward.

[2:07:17] The, the way they explained it to me. Okay.

[2:07:19] I guess, I guess to my point on the waiver is you,

[2:07:24] there's four lanes there if they're gonna totally

[2:07:28] reconstruct them anyway, I don't see why they couldn't make,

[2:07:33] meet the requirements of the 11 foot

[2:07:35] and just eliminate one compared

[2:07:37] to if they're just gonna leave them as they are

[2:07:39] and use 'em as they are.

[2:07:40] Right. Mr. They haven't used for the last 40 years

[2:07:42] that Bank of America was there.

[2:07:44] Right. The the intent is to keep the lanes as is that the,

[2:07:47] the, the, the rear portion.

[2:07:49] There are four lanes there.

[2:07:50] They're basically just not using the two outer lanes

[2:07:53] and there's no at, at this time there's no,

[2:07:54] there's no intent to change any of the, the exterior

[2:07:58] lane configuration that's

[2:07:59] There today.

[2:08:00] You're not gonna change any of the mechanisms.

[2:08:02] The the, you see what I'm getting at? They're

[2:08:05] Changing, The structural

[2:08:06] Components are not changing.

[2:08:08] Yep. Yeah.

[2:08:09] The, the structural components of

[2:08:10] that canopy are not changing.

[2:08:11] So therefore the, the lanes will, will, will remain

[2:08:14] as is if there's some changes to the, to the infrastructure,

[2:08:17] you know, that would, that would've to still fit within the,

[2:08:20] the lane that's, that that's there today.

[2:08:22] Okay. Right. You don't think there's enough room there?

[2:08:27] Well, eight foot is pretty narrow for some

[2:08:31] of the vehicles that there are now.

[2:08:34] I mean I've seen full size trucks that have

[2:08:38] to fold their mirrors in to get through.

[2:08:39] I mean that's why the 11 foot, you know,

[2:08:44] requirement one could argue that, well if

[2:08:48] you know the customers can't fit their

[2:08:50] vehicles, they're not gonna use 'em anyway.

[2:08:51] And that's the bank's, you know, that's the bank's loss.

[2:08:54] But as I had stated,

[2:08:56] if if there was gonna be a full reconstruction

[2:08:58] of the mechanisms then you know, I would propose

[2:09:01] that one lane be eliminated

[2:09:02] and have three of the required size.

[2:09:05] I mean having, sorry about that.

[2:09:08] I was just gonna say, having said that, getting the mic,

[2:09:11] Having Said that, I would think if I had like a big

[2:09:15] vehicle, I'm gonna hit the outer end of that

[2:09:18] ATM. Right. 'cause it's,

[2:09:20] Which is not gonna be use. There's

[2:09:21] Use, there's nothing to impede me to the Right.

[2:09:23] Right. But that he, he stated the outer two are not gonna

[2:09:26] be in use when it opens.

[2:09:28] They're gonna be left for future use.

[2:09:30] So my recollection is originally the,

[2:09:32] the ATM is attached to the building.

[2:09:36] Yes. And the outer ones were the old pneumatic tube systems.

[2:09:39] Yes. That's why I was asking if they're gonna redo the,

[2:09:41] if they were going to redo the entire system,

[2:09:45] I would have a problem with granting that waiver compared

[2:09:48] to if they're just gonna leave that as is.

[2:09:51] I mean it's function for decades.

[2:09:55] Yeah. Be more amenable to granting

[2:09:57] that waiver if they're, if they're not gonna totally

[2:09:59] reconstruct the ATM infrastructure. So if they're

[2:10:01] Not gonna use that outer lane, that's one thing.

[2:10:03] But when you brought up, I started thinking about it.

[2:10:06] If I had my, if if I had a big, huge truck

[2:10:08] and I was in that outer lane, yeah.

[2:10:10] Would I encroach over the exit?

[2:10:12] See that exit lane, there's only, you got one exit lane,

[2:10:16] the 10 foot exit lane.

[2:10:18] But if I had a large vehicle, would it block that?

[2:10:20] But they're not using it, so

[2:10:22] Yeah.

[2:10:24] But maybe that's something they can

[2:10:25] consider later. I don't, yeah,

[2:10:27] Yeah.

[2:10:28] Again, Mr Chairman, the intent was it's been,

[2:10:30] it's been used like that for, you know,

[2:10:32] 40 years, whatever it is.

[2:10:34] The intent was to essentially keep that same configuration.

[2:10:36] Maybe, maybe they're gonna go back to the eighties.

[2:10:38] Actually it's 10. Could be

[2:10:40] Carry cash.

[2:10:42] It was just a question that I had that I had had

[2:10:45] Noted.

[2:10:46] Thank you.

[2:10:47] Anything else from the board?

[2:10:50] Any questions or comments from members

[2:10:52] of the public either present in the audience or online?

[2:10:57] Mr. Chair? We're seeing none rise.

[2:11:00] Okay. Seeing none. Move back to the board.

[2:11:07] Motion to close the public hearing. Second.

[2:11:09] Okay, motion moved. Moved.

[2:11:10] And second, is it closed to public hearing?

[2:11:12] Second in favor, say aye. Aye. Okay.

[2:11:14] Public hearing is closed.

[2:11:15] Well the first thing we're gonna talk about is waivers.

[2:11:18] And so Mr. Chase has already just

[2:11:20] started talking about one of them.

[2:11:23] Do we want to take these individually on their merits?

[2:11:28] What's the board's pleasure on that? Yeah. Okay.

[2:11:31] So take 'em all at once.

[2:11:34] Does anyone object to taking them all at once? No.

[2:11:38] No hearing, no objections. We will take them all at once.

[2:11:42] All right, Mr.

[2:11:43] Chair, I move to grant waiver from LDCR section one 70 dash

[2:11:49] solid waste storage to allow a dumpster

[2:11:51] to be located 14.4 feet from the property line

[2:11:55] where the regulation requires a distance of 25 feet.

[2:11:58] After review of the waiver request, the board finds

[2:12:00] that strict conformity of the regulations pose an

[2:12:02] unnecessary hardship to the applicant

[2:12:04] and the waiver would not be contrary

[2:12:05] to the spirit intent of the regulations.

[2:12:08] I moved a grand waiver from LDCR section one 70 dash B

[2:12:14] drive aisle width to allow a 10 foot,

[2:12:18] a 10 foot one way access drive to the right

[2:12:20] of the drive throughs where 18 foot is required

[2:12:22] for a one-way drive aisle.

[2:12:25] After review of the waiver request, the board finds

[2:12:27] that strict conformity of the regulations would pose an

[2:12:29] unnecessary hardship to the applicant

[2:12:31] and the waiver would not be contrary

[2:12:33] to the spirit intent of the regulations.

[2:12:35] I moved to grant waiver from LDCR section one 70 dash 62 B

[2:12:42] drive through lane width to allow the ATM drive

[2:12:45] through lanes of which two are proposed

[2:12:48] to be 8.2 feet and 8.4 feet or 11 feet in pavement.

[2:12:53] Width is required. After review of the waiver requests,

[2:12:56] the board finds its stricken.

[2:12:57] Formity to the regulations would pose an unnecessary

[2:13:00] hardship to the applicant and the waiver would not be

[2:13:02] contrary to the spirit intent of the regulations.

[2:13:05] I moved to grant a waiver from LDCR section one 70 dash 60

[2:13:11] parking setbacks to allow seven existing parking stalls

[2:13:14] to be located 5.2 feet from the side lot line

[2:13:17] where 10 feet is required.

[2:13:20] After review of the waiver requests,

[2:13:21] the board finds its strict conformity

[2:13:23] to the regulations would pose an unnecessary hardship

[2:13:25] to the applicant and the waiver would not be contrary

[2:13:28] to the spirit and intent of the regulations.

[2:13:31] I move to grant a waiver from LDCR section one 70 dash a

[2:13:36] green space ratio to allow 25.2% green space

[2:13:41] where 33% is required.

[2:13:43] After review of the waiver requests,

[2:13:45] the board finds its s strict conformity

[2:13:46] of the regulations would pose an unnecessary hardship

[2:13:48] to the applicant and the waiver would not be contrary

[2:13:51] to the spirit intent of the regulations.

[2:13:55] And finally, I move a grant waiver from LDCR section one 70

[2:13:58] dash 65 stormwater management

[2:14:01] to allow the stormwater sheet flow to continue offsite

[2:14:03] to reduction of 2.9% from current,

[2:14:06] where the regulation requires stormwater to be treated

[2:14:09] and managed on site.

[2:14:10] After review of the waiver requests,

[2:14:12] the board finds its strict conformity

[2:14:13] of the regulations would pose an unnecessary hardship

[2:14:16] to the applicant and the waiver would not be contrary

[2:14:18] to the spirit and intent of the regulations.

[2:14:20] Second. So who seconded? Ms. Palantir.

[2:14:24] So moved by Mby, seconded by Pier to grant six waivers.

[2:14:29] Need discussion if not Mr. Chase?

[2:14:34] Yes. Mr. Young? Yes. Mr. Menini? Yes. Mr. O'Connor?

[2:14:39] Yes. Mr. Fishman? Yes. Mr. Pier? Yes. Mr. Ello? Yes.

[2:14:44] Maby? Yes. Chair votes? Yes.

[2:14:46] And on the architectural design regulations,

[2:14:49] Mr.

[2:14:50] Chair, I move to find that pursuant to LDCR one 70 dash 85

[2:14:53] that the application as presented demonstrates substantial

[2:14:56] compliance with the architectural design regulations.

[2:14:59] This property is located in the general commercial zoning

[2:15:01] district and meets a medium high level of compliance

[2:15:04] as outlined in section one 70 dash 84. Second

[2:15:08] Move by Malibu, seconded by Pier

[2:15:10] to find architectural design compliance.

[2:15:13] Mr. Chase? Well I think it meets a medium with no granite,

[2:15:18] but I'll still say yes.

[2:15:20] No. Well you want him to tear the building down and,

[2:15:23] and you okay, nevermind.

[2:15:26] Was that a yes or yes? That was a yes. Okay.

[2:15:28] Thank you Mr. Young. Yes. Mr. Menini? Yes. Mr. O'Connor?

[2:15:32] Yes. Mr. Fisherman? Yes. Mr. Pier? Yes. Mr. Ello? Yes.

[2:15:36] Mr. Maby? Well

[2:15:37] There is vertical granite curbing on some.

[2:15:42] That's the medium I will say yes.

[2:15:43] Alright, carry on The GR legacy there or what?

[2:15:46] Alright, let's move on.

[2:15:48] It's getting findings of fact, please,

[2:15:51] Mr.

[2:15:52] Chair. The board finds the proposed plan provides safe

[2:15:53] and efficien and efficient vehicular and pedestrian access

[2:15:57] and the design and construction of the access ways

[2:15:59] and walkways are adequate

[2:16:01] to accommodate the anticipated volume

[2:16:02] of traffic proposed by the development.

[2:16:05] The board finds the proposed parking plan is adequate

[2:16:07] for the site and meets the parking density

[2:16:09] requirements for the use.

[2:16:11] The board finds the landscape plan.

[2:16:13] It meets the intent of the regulations.

[2:16:15] The board finds the storm water management

[2:16:17] as proposed is sufficient pursuant

[2:16:19] to the waiver granted by the board.

[2:16:21] The board finds utility construction standards are met.

[2:16:25] The board finds exterior lighting, snow storage provisions

[2:16:28] and solid waste storage are adequate for the proposed uses.

[2:16:31] I move to agree with the above noted

[2:16:32] findings of fact. Second

[2:16:34] Moved by ee, seconded by Pelletier

[2:16:36] to make findings of fact.

[2:16:38] Any discussion Mr. Chase? Yes. Mr. Young? Yes. Mr.

[2:16:43] Menini? Yes. Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. Pier?

[2:16:47] Yes. Mr. Chair Cello? Yes. Mr. Libby? Yes. Chair votes? Yes.

[2:16:52] And on the motion to approve

[2:16:54] Mr.

[2:16:55] Chair after review

[2:16:56] and deliberation of the site plan application

[2:16:58] for PID 3 6 0 1 7 dash oh oh one

[2:17:03] Kafu Realty, the board finds the applicant at satisfied the

[2:17:06] general requirements, the Land Development Control

[2:17:08] regulations or in cases where the regulation cannot be met,

[2:17:12] has satisfied the waiver requirements.

[2:17:14] Therefore the motion is to approve pursuant

[2:17:16] to RSA 6 76 4 Roman one completed application

[2:17:21] with the following conditions, conditions precedent, subject

[2:17:25] to owner's signature, subject to onsite inspection

[2:17:28] by the towns engineer,

[2:17:29] establish appropriate construction escrow

[2:17:32] as required to complete the project.

[2:17:34] Note the approved waivers on the plan,

[2:17:37] exploratory excavations performed by the application are,

[2:17:40] are by the applicant, excuse me, are required

[2:17:43] to finalize the water and sewer configurations.

[2:17:46] Amend the lighting plan to reduce the foot

[2:17:48] candles at the property lines.

[2:17:50] Obtain written approval from the planning director designee

[2:17:53] that the GIS submission is received and is operable

[2:17:55] and it complies with LDCR section one 70 dash 61 point C

[2:18:01] Subject to receipt of applicable state

[2:18:03] or local permits relating

[2:18:04] to the project IE building department, fire department,

[2:18:07] water, wastewater, driveway, et cetera.

[2:18:09] Conditions precedent shall be met within six months.

[2:18:12] And then conditions subsequent provide a copy

[2:18:15] of the approved plan to N-H-D-O-T. Second.

[2:18:17] Okay. Moved by Alby. Seconded by Pelletier.

[2:18:22] I have a point of discussion on the lighting plan.

[2:18:27] I mean, I understand that this is a separate parcel,

[2:18:29] but it's in the middle of a shopping center.

[2:18:33] Why are we so concerned about light levels at the

[2:18:35] parcel boundaries?

[2:18:39] When I looked at the lighting plan, let me look at it.

[2:18:44] It just, normally we try to get it as close

[2:18:49] to zero or one as possible

[2:18:52] and this just seemed bright.

[2:18:56] Especially where it's LED.

[2:18:58] But that's up to the, I mean

[2:19:00] that they're just suggesting conditions

[2:19:02] for the board to review.

[2:19:06] It's like right along the trees you're at,

[2:19:11] it's like 1.1 0.3.

[2:19:16] I guess my, my my comment would be that, you know,

[2:19:19] certainly along the south side of the building,

[2:19:24] it's adjacent to the main access driveway

[2:19:27] to the shopping center.

[2:19:28] Having a little more light on that roadway is probably

[2:19:30] not a bad thing in my opinion.

[2:19:32] Okay. So my suggestion would be, I don't,

[2:19:34] I don't think we need to change it, but I don't, we'll see.

[2:19:37] Does anyone, so I I'm gonna make a motion.

[2:19:40] Oh no. Yeah,

[2:19:41] I mean, yeah, There's,

[2:19:42] There's suggested you can remove that

[2:19:45] And we'll see if it flies with anyone else.

[2:19:48] I mean it is a little dock over there

[2:19:50] and we don't know what's gonna go across that, where the,

[2:19:53] your old gas station was.

[2:19:56] If that's ever gonna get developed, we have no

[2:19:58] Clue.

[2:19:59] It that has been proven as a little difficult to develop.

[2:20:02] Yeah.

[2:20:04] So maybe, maybe you need a better engineer.

[2:20:08] I don't know. So motion is gonna die for lack of a second.

[2:20:11] Here, I'll second it. Okay.

[2:20:15] Discussion on, on the lighting plan.

[2:20:17] So you in increasing the lighting?

[2:20:19] No, I'm, I'm leaving it the way it was designed.

[2:20:22] Oh, I see. Okay. Yeah, that, that's fine with

[2:20:25] The new LED lights.

[2:20:26] With the new LED lights. Yeah, that's fine.

[2:20:27] 'cause it is in the middle of a shopping center.

[2:20:30] No. Yep. Alright. Mr. Chase? Yes. Mr. Young? Yes.

[2:20:34] Mr. Menini? Yes. Mr. O'Connor? Yes. Mr. Fishman? Yes.

[2:20:39] Mr. Pier? Yes. Mr. Ella? Sure. Yes. Ms. Mal? Yes.

[2:20:44] In chair votes? Yes. So the now on the approval

[2:20:48] as amended without that condition, any discussion

[2:20:52] May vote?

[2:20:53] Mr. Chase? Yes.

[2:20:56] Mr. Young? Yes. Mr. Minney? Yes. Mr. O'Connor? Yes. Mr.

[2:21:00] Fisherman? Yes. Mr. Pier? Yes. Mr. Joel? Yes. Jamal? Yes.

[2:21:04] And the chair votes? Yes. Thank you

[2:21:06] very much Andre. Welcome. Congratulations.

[2:21:07] You're welcome. Thank you very much. Appreciate it.

[2:21:09] And I'll you, I'll be eating over there.

[2:21:11] I won't have to go to Namac anymore. Thank you.

[2:21:13] Alright, if you got one

[2:21:15] more, let see we can get this done. Okay.

[2:21:17] Alright. Right, I lost my agenda.

[2:21:25] So this is J-A-L-L-L-C

[2:21:29] for Forest Street.

[2:21:33] It's a subdivision of parcels

[2:21:36] 1 1 0 5 8 dash double zero eight

[2:21:41] dash double 0 8 0 0 1

[2:21:44] and double 8 0 0 2.

[2:21:48] And a lot, lot line adjustment.

[2:21:50] Okay. So thank you. The purpose of this plan is

[2:21:53] to subdivide three existing lots, which would be

[2:21:56] 11 0 5 8 0 0 8 sub parcel one

[2:22:00] and sub parcel two creating six lots.

[2:22:03] And to adjust the lot lines between parcels

[2:22:07] 11 0 5 7 1 1 0 5 7 dash

[2:22:12] oh one seven and then sub parcels

[2:22:15] oh 1 7 0 1 through seven decreasing the total number

[2:22:20] of lots to seven lots.

[2:22:23] Parcel

[2:22:23] 1 1 0 5 7 0 1 7 0 7

[2:22:28] will be extinguished.

[2:22:30] A variance was granted on March 5th of 26th

[2:22:33] to allow the lots on the east side of forest

[2:22:35] to be less than one acre in size.

[2:22:37] Highway safety and conservation commission review were

[2:22:40] not required for this project.

[2:22:42] All comments and concerns raised by staff

[2:22:44] during TRC discussions were addressed.

[2:22:47] Site distance profile were not included for the driveways,

[2:22:50] but they will be reviewed upon application

[2:22:52] for a building permit as part

[2:22:53] of the driveway approval process.

[2:22:55] Escrow is already in place

[2:22:57] as the area being constructed is under active construction.

[2:23:00] The lot number for the parent tracked is noted incorrectly

[2:23:04] and should be parcel 1 1 0 5 7.

[2:23:07] Not 1 1 0 5 7 0 1 7.

[2:23:10] That should be corrected on the final plot.

[2:23:13] The applicant should also confirm the final lot area

[2:23:16] for each lot we, there was some inconsistencies in

[2:23:19] the PLS plan.

[2:23:21] There are no requested waivers for permitting.

[2:23:24] There will be an amended alteration of terrain.

[2:23:27] They will apply for dairy driveway permits as each house is

[2:23:32] applied for and then there'd be the

[2:23:34] DES subdivision amendment.

[2:23:37] The recommendation is to review the plan as presented

[2:23:40] and make a determination with regard to regional impact.

[2:23:43] I will note that during the original subdivision

[2:23:46] of these lots that was before the board earlier

[2:23:50] or in about a year

[2:23:52] or so ago, the board determined

[2:23:53] there was no regional impact.

[2:23:55] So if you'd like to not, it's up

[2:23:57] to the board whether you wanna vote on that or not.

[2:24:00] We did include,

[2:24:04] we did include like the addressing exhibit just

[2:24:07] so the board could kind of see how the,

[2:24:11] the lots will look in the final layout.

[2:24:16] So Brent Cole is here from Granite

[2:24:18] Engineering representing the applicant.

[2:24:20] J-A-L-L-L-C. And Mr.

[2:24:22] Lanin is also in the audience for questions.

[2:24:26] Okay. The board's preference on jurisdiction please

[2:24:33] Mr.

[2:24:34] Chair. I move to accept jurisdiction

[2:24:35] of the amended subdivision and lot line adjustment plan

[2:24:37] before the board for J-A-L-L-L-C-P-I-D 1, 1 0 5.

[2:24:42] 8 0 1 1 1 0 5.

[2:24:44] 8 0 8 0 0 1 1 1 0 5.

[2:24:49] 8 0 8 0 0 2 1 1 0 5 7 1 1 0 5 7 0 1 7 1 1 0 5 7 0 1.

[2:25:00] 7 0 1 through 1 1 0 5 7 0 1.

[2:25:05] 7 0 0 7 Fourth Street.

[2:25:07] Second move by ee, seconded by Peir

[2:25:10] to accept jurisdiction.

[2:25:12] Mr. Chase? Yes. Mr. Young? Yes. Mr. Minni? Yes.

[2:25:15] Mr. O'Connor? Yes. Fishman? Yes. ERs? Yes. Mr. Yes. Mr.

[2:25:20] Maldy? Yes. Chair votes? Yes.

[2:25:24] Since we had previously determined there's no regional

[2:25:27] impact, does anyone have any objection to continuing

[2:25:30] that finding hearing?

[2:25:33] No objection. We will skip that

[2:25:36] motion to open the public hearing.

[2:25:37] So moved. Second. All those in favor say aye. Aye.

[2:25:41] Public hearing is open.

[2:25:43] Thank you Mr. Chair for the record.

[2:25:45] My name is Brent Cole with Grite Engineering.

[2:25:48] This portion of Delaney Estates Denali

[2:25:51] Estates is fairly simple.

[2:25:53] We're we're talking about phase four,

[2:25:55] which connected existing Forest Street

[2:25:57] to the once proposed Daniel Road

[2:26:01] and the Forest Street

[2:26:05] roadway was a split zoned area.

[2:26:08] So MDR was on the west side

[2:26:11] and LMDR was on the right side.

[2:26:15] As he was building this roadway out, it became very apparent

[2:26:18] that the parcels

[2:26:20] that he was gonna build out on the west side were gonna look

[2:26:22] very different than their neighbors across the street.

[2:26:25] So we went in front of the zoning board

[2:26:27] and we got a variance to allow the parcels on the east side

[2:26:32] to be one acre with 150 feet of frontage.

[2:26:36] And the parcels on the left side would

[2:26:39] be a similar one acre,

[2:26:40] but they would be expanded to 150 feet

[2:26:43] of frontage from the 1 25 that's allowed in the MDR.

[2:26:46] As a result, this reduces the amount

[2:26:49] of lots on the west side down from seven down to six,

[2:26:52] which requires all those complicated lot line adjustments.

[2:26:57] And on the east side it went from three lots

[2:27:00] to now six lots.

[2:27:02] So this portion of the development will have very similar

[2:27:05] lots on both sides.

[2:27:07] We do have municipal water in Forest Road,

[2:27:10] so lot sizing is really not gonna be an issue.

[2:27:13] I don't think this was ever contemplated

[2:27:15] to have municipal water in through this LMDR district,

[2:27:19] which is why it's zoned with such a high lot

[2:27:22] area requirement.

[2:27:25] So all in all it's a very simple project.

[2:27:27] It's a bunch of lot line adjustments

[2:27:29] and in essence it's only a two lots subdivision on a almost

[2:27:33] fully constructed roadway at this point.

[2:27:36] There is no extension of roadway.

[2:27:38] There really is no change to the roadway design.

[2:27:41] We expanded the stormwater pond slightly

[2:27:43] to accommodate some offsite drainage from Forest Street,

[2:27:47] but with that there's really no infrastructure upgrades,

[2:27:50] no changes to the roadways.

[2:27:52] A two lot subdivision

[2:27:53] and multiple lot line adjustments with that Mr.

[2:27:56] Chair, I'll hand it back to you.

[2:27:58] Okay. It looks a little,

[2:28:01] probably more complicated on the plot than it is

[2:28:04] with all the new lines and and lines to be extinguished.

[2:28:11] My understanding is that the,

[2:28:16] the ones on the left hand side are being

[2:28:21] reduced in overall acreage.

[2:28:25] I'm, I'm confused 'cause they used to go further back.

[2:28:29] So how does the, the net acreage

[2:28:32] of the all the lots on the left hand side

[2:28:36] of the display, they

[2:28:37] Used to go further back because there was seven

[2:28:39] lots on that left side.

[2:28:41] Now there's only six lots.

[2:28:43] So we took the area from that extra lot

[2:28:45] and we were able to distribute them over the six,

[2:28:48] which allowed us to remove some of the area going out back.

[2:28:52] So essentially their tails were kind of removed

[2:28:54] because the lots were able to get wider

[2:28:57] to accommodate 150 feet of frontage rather than 125.

[2:29:01] I mean that, that seems like a nice thing to do.

[2:29:04] Yeah, it'll Be a lot better.

[2:29:05] I mean, my observation I think at the time was

[2:29:10] that those are really weirdly shaped blocks

[2:29:12] and we don't encourage that They're still weirdly shaped

[2:29:16] but maybe less weirdly shaped.

[2:29:19] Yeah, we, we lost a lot and,

[2:29:21] and honestly you could, you could easily build a home on

[2:29:24] what was previously proposed,

[2:29:25] but it would certainly not look like the two

[2:29:28] acre lots across the street.

[2:29:30] And I think to have some continuity

[2:29:33] through this development, especially

[2:29:34] for what's already been built out there, he realized

[2:29:37] that losing a lot made more sense on

[2:29:39] that west side rather than trying to create something

[2:29:42] that wasn't uniform to the rest of the development.

[2:29:46] Any other questions from the board? Mr. Mousy?

[2:29:50] These proposed dwellings that the, on these six lots,

[2:29:54] are they gonna be two bedroom homes? One gonna

[2:29:57] Be two bedroom homes?

[2:29:59] I'm, I'm sorry, I'm gonna have to say that that's really

[2:30:02] outside the jurisdiction of the planning board.

[2:30:04] Okay. Okay.

[2:30:09] I These are nice high end homes that, that's very nice.

[2:30:12] Mr. Connor can testify

[2:30:14] 'cause he was out there looking at him recently.

[2:30:19] Other questions from the board?

[2:30:24] So is Yep.

[2:30:26] Lot 57 just green space at this point or,

[2:30:29] or unbillable basically.

[2:30:31] Yep. Unbillable right now.

[2:30:38] Well since Mr.

[2:30:41] Land is the only one in the audience,

[2:30:42] he probably doesn't have any comments.

[2:30:45] Any comments online?

[2:30:49] Mr. Chair? We're seeing none. Rise on.

[2:30:51] Okay. Motion to close the public hearing. Yeah,

[2:30:55] I move.

[2:30:56] So moved to second close the public hearing.

[2:30:58] All those in favor say aye. Aye.

[2:30:59] Public hearing is closed back to the board.

[2:31:02] Any comments, questions?

[2:31:07] Okay, let's

[2:31:09] Finding Any effect. Yep.

[2:31:12] Mr. Chair, the board finds proposed plan does not alter

[2:31:15] existing conditions, which would affect the access

[2:31:16] to the lots ensuring the health, safety

[2:31:18] and welfare of the neighborhood remains unchanged

[2:31:20] as a result of the adjustment of the lot lines.

[2:31:23] The board finds the proposed plan provides safe

[2:31:26] and efficient, vehicular and pedestrian access

[2:31:28] and the design and construction of the roadways adequate

[2:31:31] to accommodate the anticipated volume

[2:31:32] of traffic proposed by development.

[2:31:34] The board finds the storm water management as proposed,

[2:31:37] is designed to control the post-development runoff

[2:31:39] or does not exceed a pre-development runoff.

[2:31:42] The board finds the utility construction standards are met.

[2:31:45] The board makes findings of fact

[2:31:47] as listed above. That's my motion.

[2:31:49] Second. Moved by Alby, seconded by app Palantier

[2:31:52] to make findings of fact.

[2:31:54] Mr. Chase? Yes. Mr. Young? Yes. Mr. Menini? Yes.

[2:31:58] Mr. O'Connor? Yes. Mr. Fishman? Yes. Mr. Pier? Yes. Mr.

[2:32:03] Ello? Yes. Mr. Maby? Yes. Chair votes? Yes.

[2:32:07] Mr. Chair after review and deliberation of the subdivision

[2:32:10] and lot line adjustment application

[2:32:11] for PID

[2:32:12] 1, 1 0 5 8 1 1 0 5 8 0 8 0 0 1 1 1 0 5 8 0 8 0 0 2 1 1 0 5 7 7 1 1 0 5 7 0 1 7 1

[2:32:30] through 1 1 0 5 7 excuse oh 1 7 0 0 7

[2:32:35] J-A-L-L-L-C.

[2:32:37] The board finds the applicant has satisfied the general

[2:32:40] requirements of the Land Development control regulations.

[2:32:43] Therefore the motion is to approve pursuant

[2:32:45] to RSA 6 76 4 Roman one completed application

[2:32:49] with the following conditions, conditions precedent,

[2:32:52] subject to owner signature.

[2:32:56] Confirm appropriate escrow is in place

[2:32:58] for this portion of the overall project.

[2:33:00] Remove the waiver request.

[2:33:01] Note from the plan sets correct the parent lot number

[2:33:04] for the lots which are affected by the lot.

[2:33:06] Line adjustment and update as necessary.

[2:33:08] The final lot areas for each

[2:33:10] of these lots on all affected plan sheets.

[2:33:13] Obtain written approval from the planning director designee

[2:33:16] that the GIS submission is received and is operable

[2:33:19] and it complies with LDCR.

[2:33:21] Section one 70 dash 24 C.

[2:33:24] Subject to receipt of applicable state

[2:33:26] or local permits relating to the project IE amended a OT

[2:33:31] Building Department Fire Department water wastewater

[2:33:34] submission of the appropriate recording fees payable.

[2:33:36] The Rockingham County Registry of Deeds.

[2:33:38] This includes the $25 el chip fee recording fees

[2:33:41] for the Mylar and the notice of decision conditions.

[2:33:44] Precedent shall be met within six months

[2:33:47] and for conditions subsequent subject to onsite inspection

[2:33:50] by the towns engineer.

[2:33:52] Supply site distance profiles

[2:33:53] with the individual driveway permit applications. Second

[2:33:57] Moved by Malibu, seconded by Collier

[2:33:59] to grant conditional approval.

[2:34:01] I do have a a point of discussion.

[2:34:03] I notice that on the pla there are some things

[2:34:06] that say New Lot line adjusted Lot line

[2:34:10] in the past our recommendation has been when you wanna

[2:34:13] record a plot like this at the Registry of Deeds to label

[2:34:17] a lot line to be extinguished.

[2:34:19] Lot line to be added or something like that

[2:34:20] because I, the the nomenclature's a a little inconsistent

[2:34:24] and a little confusing.

[2:34:25] Do you think that would be a good idea for you guys to do

[2:34:29] So?

[2:34:30] I'm not the surveyor on the project promised land is

[2:34:32] this is the cover sheet.

[2:34:34] Typically we don't record the cover sheet.

[2:34:36] We may on this,

[2:34:37] but the individual plans that are the actual subdivision

[2:34:41] and lot line adjustment that gets into the, the detail of

[2:34:45] extinguishing and, and what's being adjusted.

[2:34:48] This was really just for you guys so

[2:34:50] that I could try to explain it.

[2:34:52] 'cause it is a little bit complicated.

[2:34:55] Okay. Yeah. Fine. Did you see the single sheet too?

[2:35:03] No. There's a single sheet. A little bit more clear.

[2:35:06] Well, that's fine. I I just, if this is just a cover sheet,

[2:35:09] this is more presentation and you

[2:35:10] don't plan to record it, I think that's fine.

[2:35:12] More presentation.

[2:35:13] Any other discussion? Okay. Mr. Chase? Yes.

[2:35:18] Mr. Young? Yes. Mr. Menini? Yes. Mr. O'Connor? Yes.

[2:35:23] Mr. Fishman? Yes. Mr. Pier? Yes. Mr. Ello? Yes. Mr. Maby?

[2:35:27] Yes. Chair votes? Yes. Thank you very much.

[2:35:30] Thank you Board. Appreciate it. Thank

[2:35:31] You.

[2:35:34] Yeah, but they're not gonna record that either. No. No.

[2:35:36] They're not gonna record. Alright, we are now on to

[2:35:39] board member comments.

[2:35:43] Do you have any comments? No.

[2:35:45] Can I fish for a motion to adjourn? So moved. It has been.

[2:35:51] All those in favor say aye. Aye.

Planning Board - 09/02/26

Agenda

Transcript