Agenda
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[0:00]
September 16th, 2026.
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We start our meetings with the Pledge of Allegiance.
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If you would rise and join me,
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I pledge allegiance to the flag
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of United States of America
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and to the Republic for one Nation under our
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indigenous justice for role.
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So we'll start with some administrivia.
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The playing board continues to allow remote participation.
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If we have remote members,
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we will do vote roll call votes for the public.
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To attend the meeting, you go to www.zoom.us.
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Enter your meeting ID
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seven five four six six three nine one two.
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You may also call in by phone for audio only.
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You may call area code (646) 558-8656.
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Same meeting ID 7 5 4 6 6 3 9 1 2.
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If you are experiencing technical difficulties, please
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call our local number here in the room.
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6 0 3 8 4 5 5 5 8 5.
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If you are on the phone and wish to speak, toggle star nine
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to raise your hand and then toggle star six
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to unmute yourself Once you have been recognized,
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I will introduce the members
[1:37]
and staff who are present this evening.
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To my far right are our alternates. Mr. Mousy. Mr. Appleton.
[1:44]
Good evening. And Mr. Young.
[1:45]
Good evening, our planning director, Ms. Du.
[1:47]
Good evening, our planning clerk. Ms. Wilson.
[1:50]
Good evening town Council liaison, Mr. Chase.
[1:52]
Good evening, member Mr. Wood. Evening member. Mr. Menini.
[1:56]
Good evening. To my far left is Mr.
[1:59]
Viner who does all the wonderful video for us.
[2:01]
We thank you for that. Good evening member, Mr. Pier.
[2:04]
Good evening Secretary. Mr. Maby. Hello.
[2:07]
We are missing vice chair Mr. O'Connor.
[2:11]
And I would like to sit Mr. Ey, for, for John, please.
[2:16]
We're also missing Mr. Fishman.
[2:20]
So we can seat Mr. Appleton.
[2:23]
At least for the voting portion. Mr.
[2:26]
Cella was absent, but he doesn't have not have an alternate.
[2:36]
First item of business is escrow.
[2:41]
We have item number 26 dash 33. Steven Marquee.
[2:46]
Okay. This is for the proposed car wash at
[2:49]
10 Manchester Road.
[2:51]
The escrow type is a performance bond.
[2:54]
The request is to establish a performance bond number
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0 2 7 8 1 3 8 issued by Berkeley
[3:02]
Insurance Company in the amount
[3:03]
of $262,928 81 cents.
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For the above noted project.
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There will be no expiration date on the bond.
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So moved And moved by Al.
[3:15]
Be seconded by Pier to accept the bond as presented.
[3:19]
Any questions? Mr. Chase? Yes. Mr. Wood? Yes. Mr. Mni?
[3:24]
Yes. Mr. Ey? Yes. Mr.
[3:28]
Appleton? Yes. Mr. Pier? Yes. Mr. Malvin? Yes.
[3:31]
The chair of votes? Yes. Second item on the agenda is
[3:36]
item number 26 dash 34 FW Holdings.
[3:40]
Okay. This was for the subdivision
[3:42]
of five Mount Pleasant Street.
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The escrow type was cash, escrow
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property location was five Mount Pleasant Street.
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The request is to approve a final release
[3:51]
of cash escrow in the amount of $22,885.
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For the above noted project, the amount to retain is zero.
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So moved. Moved by ee, seconded by Pelletier to
[4:04]
approve the escrow as presented.
[4:07]
Mr. Chase? Yes. Mr. Wood? Yes. Mr. Menini? Yes. Mr. Mousey?
[4:11]
Yes. Mr. Appleton? Yes. Mr. Peltier? Yes. Mr. Malam? Yes.
[4:16]
Chair votes? Yes. And we then
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move on to the minutes of September 2nd.
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Has everyone had a chance to review them?
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Are there any errors or omissions?
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Motion to approve the minutes as written.
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Second. Motion by ee, seconded by Pier
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to approve the minutes of September 2nd, 2026 as written.
[4:44]
Mr. Chase? Yes. Mr. Wood. I'll abstain as I was not here.
[4:47]
Mr. Menini? Yes. Mr. Mousy? Yes. Mr. Appleton? Yes.
[4:52]
Mr. Peltier? Yes. Mr. Mal? Yes.
[4:55]
Chair votes Yes. Correspondence.
[4:58]
Mr. Chair, we have one piece
[5:00]
of correspondence today from the town of Salem.
[5:03]
Jacob LaFontaine. They're planning director.
[5:05]
It's a notice to the abutters just letting us know
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that there's gonna be a master plan update 3.0
[5:10]
for the West Village project.
[5:13]
And the next date it's on the agenda is, I believe
[5:15]
that's Tuesday, 9 22 7 o'clock at the Salem Town Hall
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if you'd like to hear about it.
[5:22]
Thank you very much. Under other business we
[5:27]
just have planning director and chairman updates.
[5:30]
Okay. So very quickly,
[5:35]
I wanted to let you know we did receive,
[5:39]
or the building department received an application
[5:42]
for the installation of 15 EV chargers at 33 Chester Road,
[5:47]
which is the first student busti.
[5:51]
We permit EV chargers in any parking lot that has six
[5:56]
or more parking spaces.
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So we're determining that so long as the
[6:02]
electrical structures that need to be, you know,
[6:06]
the box they need to build to put all the
[6:08]
electrical things in.
[6:10]
And then the chargers themselves would just require a
[6:13]
building permit rather than planning board review.
[6:16]
Okay. But I did wanna let you know,
[6:18]
so when people see activity there, that's what's happening.
[6:23]
Southern New Hampshire Planning Commission's annual meeting
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will be next Thursday the 24th at Bevan in London Dairy
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that starts at four o'clock.
[6:32]
This is their, it's the 60th year I'm looking. Yeah. Okay.
[6:37]
They're celebrating their 60th year planning board members.
[6:40]
You are invited. We would just need to know if you wanted
[6:44]
to attend or not so that we could secure a seat for you.
[6:48]
We would need to know that probably no
[6:49]
later than Monday or Tuesday.
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The very latest.
[6:53]
Okay. Everyone got that? Great.
[6:57]
I don't have any updates. So we now have a workshop.
[7:03]
I'm gonna suggest that Mr. Young sit with us.
[7:07]
He will not actually be seated as a voting member.
[7:09]
I don't expect we'll actually take any votes.
[7:12]
But if we do, we'll just skip over you.
[7:17]
My proposal is that we actually do an old fashioned workshop
[7:21]
where everyone contributes rather than just
[7:24]
reviewing a draft and, and nodding.
[7:28]
You have several reference items.
[7:34]
Some from staff,
[7:35]
some from the New Hampshire Municipal Association.
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We should look at each section of law.
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And you know, the NHMA legal staff has said,
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well, what must you do?
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What can you do and what you must not do?
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So I think it's important to review all of those pieces
[7:56]
of guidance and then figure out what it is we propose to do.
[8:00]
Does that work for everyone? Absolutely. Sweet.
[8:04]
I'm just nodding that.
[8:07]
Well, you know, I, I am capable of doing Anyone, anyone?
[8:10]
Ler. Ler. Yeah. So, okay.
[8:14]
Do you want to lead us through this?
[8:17]
I noticed that we've got a markup. Yes. A couple.
[8:21]
I have a couple of different markups. Okay.
[8:24]
And at least mm, the ones I have begin with definitions.
[8:29]
Yes. So do you want you, do you want me
[8:32]
to skip the staff report?
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'cause you've, you have all seen it in read it or do you
[8:36]
Yeah, no, let's just, just get right
[8:37]
into it and you can kind of Okay.
[8:38]
Alright. Bring up the selling points as we get there. Okay.
[8:41]
So attached to the staff report, you did have a draft.
[8:45]
You all have a more red draft, which is the,
[8:50]
the words are exactly the same.
[8:52]
The more red draft is the one you wanna look at
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because it actually shows the changes that we had.
[8:58]
We were suggesting. So starting with definitions,
[9:04]
state law has changed with regard to
[9:06]
how we look at accessory dwelling units.
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So we are suggesting it no longer has to be,
[9:14]
they, they changed the definition of how it is
[9:16]
or attached within the principal dwelling unit.
[9:19]
And you can also have a detached.
[9:21]
So we've adjusted the definition of accessory dwelling unit
[9:24]
to capture those changes.
[9:28]
We have also added, there's changes to the childcare laws.
[9:33]
So we have added a definition of childcare center.
[9:37]
And that is a, to clarify, that is a group
[9:43]
childcare agency.
[9:47]
It is not one that is in the, like
[9:49]
that someone would have in their home with up
[9:52]
to six kids or so.
[9:56]
So what we also did was we updated our daycare definition,
[10:01]
our current, it had previously referred you
[10:05]
to the group daycare.
[10:08]
We want to make sure that we capture that childcare centers
[10:11]
as defined would also under group daycare
[10:16]
include our adult daycare.
[10:18]
'cause that was something we had talked about
[10:20]
having available previously.
[10:23]
So we made those changes. So,
[10:25]
Yep.
[10:26]
I I think I'm gonna invite everyone to just jump in please.
[10:29]
When you see something, rather than having group daycare,
[10:34]
which includes childcare and adult daycare
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and then a separate childcare since we have a separate
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childcare, why don't we simply have a separate adult daycare
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and that way one's not kind
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of buried and nested in the other.
[10:50]
That may mean that more words have to change. Okay.
[10:55]
But I don't know whether one thinks nested definitions kind
[11:00]
of are a little more confusing than
[11:02]
standalone definitions, I thought.
[11:04]
But I, I agree. Anyone feel the same way?
[11:09]
Yeah, I I think it's, it's kind of unnecessary
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to have the group daycare that includes child and adult
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and then also have a single child definition rather than
[11:18]
just having one child definition of one adult definition.
[11:21]
Okay. Yeah. So let's, let's decide that,
[11:24]
we'll, we'll do that.
[11:26]
And, and we've had the adult daycare for a while, right?
[11:35]
Or is that new?
[11:38]
Lemme see. Well, we,
[11:42]
we can get that answer, you know.
[11:43]
Yeah. In a follow up look. Yeah.
[11:45]
It sort of doesn't matter for the definitions. Yeah.
[11:48]
I don't think, I'm not sure if we define,
[11:50]
we may have defined at adult day care.
[11:51]
Okay. Yeah. If we don't have a
[11:53]
definition, we can create one.
[11:55]
So we're gonna keep child care center
[12:01]
and remove just daycare. 'cause it says see child,
[12:03]
Well, a child care center and adult care center
[12:06]
And Oh.
[12:07]
Kinda make them symmetrical sounding
[12:14]
and the, the definition
[12:16]
and language can kind of mirror each other, I guess,
[12:18]
other than child versus adult.
[12:20]
Okay. And then group
[12:25]
daycare care stays the same.
[12:27]
I would or remove it. I would get rid of it.
[12:29]
You have two kinds, child and and adult
[12:32]
and I don't think there's a third kind.
[12:34]
Right.
[12:35]
Yeah. Family.
[12:38]
Yeah, there's child, there's the child daycare centers,
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which are like the one on Shanita Road
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and then there's the family child centers,
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which are the more home occupation type.
[12:51]
Alright. So group daycare as written does not
[12:54]
have the word family in it. So
[12:57]
Because family is, family is under a different,
[13:00]
it's under a different set of laws under the state as, so
[13:05]
they're, they've put, let me grab the,
[13:32]
sorry.
[13:33]
I am looking for the guidance from
[13:34]
New Hampshire MA on that one.
[13:41]
I didn't print that one out. They changed,
[13:44]
they changed a whole bunch of state law definitions
[13:48]
with regard to, they wanted to clarify what is,
[13:52]
what do we consider family childcare so that those are the,
[13:58]
you know, people who bring kids into their homes up
[14:01]
to X number of STU students.
[14:03]
I wanna say it used to be like six,
[14:05]
but I think it may have gone up a little bit up to like 16.
[14:09]
I think. Don't quote me on that.
[14:12]
So that people had the ability to manage
[14:16]
that in their homes, you know, kids on
[14:18]
and off the bus, that type of thing.
[14:20]
As opposed to the actual centers themselves
[14:23]
where you would go and drop your kids off for the whole day.
[14:28]
So is that a, a home occupation
[14:31]
For the family childcare that's more of a home occupation?
[14:35]
And is it something that the planning board reviews
[14:37]
and has jurisdiction
[14:38]
Over?
[14:39]
We do, we do not, we don't review home occupations.
[14:42]
The ZBA would.
[14:43]
Okay. So that the, the definition is obviously shared
[14:48]
between the planning board and the zoning board with regard
[14:50]
to the zoning ordinance.
[14:51]
So. Okay. Okay. Makes sense. Okay. Okay.
[14:56]
Then there'll be a third one.
[15:07]
And while you're taking that note,
[15:08]
let me just go on Innovative housing structure,
[15:13]
a unique single residential unit such as a tiny house,
[15:18]
tiny house on wheels or a yurt.
[15:21]
Does that come directly out of the statute?
[15:24]
It it does, it does.
[15:29]
Because innovative housing structure sounds a little,
[15:32]
I don't know, meta
[15:37]
Yeah.
[15:38]
Meta description is opposed
[15:38]
to an actual definition, but, okay.
[15:40]
Yeah. So if it's in the statute, we better have it.
[15:42]
It is in the statute. Let me just see if I,
[15:45]
I'll pull out the actual words for you.
[15:51]
Does the innovative housing structure
[15:54]
exclusively include the tiny house,
[15:56]
tiny house on wheels in yurt?
[15:58]
Yes. So if you want to look at, I think it's HB 1681
[16:04]
in your packet somewhere, you're gonna have to
[16:07]
flip through and find that
[16:10]
It's in that thick, It's in
[16:12]
the, yeah, it's in the loss.
[16:14]
Would it, would it be worth it then to in,
[16:17]
in rather than saying such as a tiny house, just be like,
[16:21]
No, they're, they're, That's
[16:22]
the specific wording that they want.
[16:24]
It's innovative.
[16:26]
So chapter three 30, HB 1681,
[16:31]
subsection two, innovative housing structure
[16:34]
or IHS means a unique single residential unit
[16:38]
such as tiny house Tiny.
[16:39]
We took it right from the state definition.
[16:44]
It's only those three. So innovative housing structure is
[16:46]
those three at this time.
[16:48]
Yeah. What what I kind of meant by that was it says
[16:52]
a unique single residential unit such as a tiny house,
[16:55]
tiny house on wheels or your, which kind of implies
[16:57]
that there is more than those three things.
[16:59]
Okay. And it's just giving examples.
[17:02]
So does, I still can't follow the, the, the numbering.
[17:05]
And there's no page numbers here. I
[17:08]
Know. So
[17:09]
Which, which HB is it in 1681? Eight numbers are at
[17:13]
The top 16 Towards the back
[17:18]
Six pages from the back.
[17:20]
So 16 81, 81. Yep.
[17:22]
All
[17:28]
nor shall it include an innovative housing structure
[17:31]
pursuant to 6 74 81.
[17:39]
So 6 74 81 is where
[17:52]
it's probably in this book.
[17:54]
6 74 81.
[18:00]
It's not this right here. Is it 6 74
[18:03]
0.810, Okay.
[18:07]
Is it? Yeah,
[18:09]
Number four.
[18:10]
So yeah, they're amending, they're amending 6 74
[18:14]
and they're adding a new section in the RSA.
[18:17]
So it's not in the blue book yet.
[18:24]
Oh, I just didn't see that. This was 6 74 81. Okay.
[18:27]
Innovative housing structure shall be treated.
[18:33]
Yes. But that doesn't define them.
[18:36]
The, the section that uses the language
[18:38]
that we're looking at is line seven of this
[18:43]
1681 bill.
[18:48]
Okay. Line seven.
[18:50]
It's section Roman two
[18:55]
innovating housing structure
[18:57]
or IHS means a single unique single residential unit such
[19:00]
as a tiny house, tiny house on wheels
[19:02]
that were a yurt. Alright,
[19:03]
So it's done on, It's the, so this is,
[19:07]
this is the exact language from
[19:08]
the bill is what we're pulling, which
[19:09]
It's chapter three 30, HB
[19:13]
1681, page two.
[19:16]
Index number what? Seven?
[19:19]
It's line seven. Yes.
[19:20]
Line seven
[19:25]
mm Let's
[19:26]
Stop.
[19:27]
That's Exactly this innovative housing,
[19:32]
This Red.
[19:33]
Alright, so is exactly that.
[19:34]
This is not the same page that I'm on
[19:39]
Because That's
[19:42]
What he's referring.
[19:44]
Okay. Let's be, yeah, let's be innovative
[19:47]
Housing.
[19:48]
Yep. Right here. Line seven.
[19:51]
I wish they put unique line numbers on all the pages.
[19:54]
But anyway, so innovative housing structure
[19:59]
or IHS means a single unique residential unit such
[20:03]
as a tiny house, tiny house on wheels or a yurt.
[20:08]
I suppose my complaint is more about the wording
[20:10]
of the original bill then.
[20:12]
'cause this just seems to imply
[20:13]
that there are more things than those three.
[20:15]
Yeah, well they're just giving examples.
[20:17]
Whereas there is not more than those three things.
[20:18]
Those are the only three that are added.
[20:21]
So we can always ponder
[20:23]
what legislative services meant when they drafted it.
[20:28]
Typically, when they say such as, or such as,
[20:33]
but not limited to,
[20:34]
it really means there could be other things.
[20:38]
How do those other things get to come into play?
[20:42]
Probably through a court proceeding would be my guess.
[20:45]
So it's mainly more just them predicting
[20:47]
that there will be additional items.
[20:49]
But if it says such as in the statute, we probably need
[20:52]
to follow that and include it.
[20:54]
Even though we don't necessarily mean
[20:57]
know exactly what they meant.
[20:58]
Fair enough. Yeah.
[21:02]
And the reason I couldn't find it in, in the
[21:04]
statute book is it's a new, a new section.
[21:09]
Okay. So that kind of explains where that came from.
[21:15]
Given that we've copied it directly outta the statute.
[21:17]
I assume there's no objection to any of that,
[21:22]
even if there's potential confusion.
[21:26]
I mean, my confusion is how, how,
[21:27]
how do you grant a building permit for a yurt?
[21:34]
I thought a yurt was just kind of a, a tent with,
[21:36]
You know, it's like MRI tenting,
[21:38]
I, you know, it's like A light wood structure
[21:40]
with like Yeah.
[21:42]
So hide Or flesh.
[21:44]
I predict litigation on this one.
[21:45]
But anyway, tiny house,
[21:50]
does that come from the same?
[21:52]
It does. Okay.
[21:54]
That's on line 17 of
[21:55]
that same on numbered page.
[21:59]
The fir the first page of chapter three 30
[22:06]
means a detached building used
[22:08]
or intended to be used for human habitation providing
[22:12]
permanent provisions for living, sleeping, eating, cooking.
[22:20]
I'm, I'm, as, I'm curious as to why,
[22:25]
if the statute goes on at some length,
[22:30]
why we didn't just copy it verbatim.
[22:33]
We can be, as I'm reading ahead to the proposed,
[22:37]
like the next page for innovative, we have a conflict
[22:41]
because it says tiny houses can be 600 square feet or less.
[22:45]
And then
[22:49]
they must have changed that.
[22:51]
'cause I have like four, I had written 400.
[22:53]
That might have been a typo.
[22:55]
So we could do, I think
[23:06]
yeah, we can, we can add that.
[23:08]
I think putting dimensions in a definition can be
[23:12]
problematic because if someone wants something larger,
[23:16]
then they're asking for a variance from the definition.
[23:25]
Well, yeah. I, at least to me though,
[23:29]
this definition would seem to apply to any house
[23:32]
because there's no specification
[23:34]
that it needs to be of any size.
[23:36]
Or why is it a tiny,
[23:38]
any house built in dairy currently would be a living space
[23:40]
permanently constructed on a stable surface designed
[23:43]
for using his permanent living corners.
[23:45]
That would, that would be every house endeavor.
[23:47]
Well that's a very good And maybe the,
[23:49]
the 600 feet square feet is the actual
[23:52]
unique definition of tiny.
[23:54]
Okay. So we can I can add those three items into the,
[23:59]
into the definition then. Yeah.
[24:00]
My, my feeling is that I know you want
[24:03]
to make it sound simpler than it is.
[24:08]
Maybe not a good idea.
[24:09]
When the statute has potentially convoluted wording
[24:14]
and, and we are asking our boards
[24:16]
to work off a simplified version, that means at some level,
[24:20]
even though it might be not
[24:24]
meaningful in most cases, there's a disconnect.
[24:29]
I would lean toward just cloning
[24:32]
the statutory definition.
[24:35]
And, and when they, they have it in, in a section
[24:39]
6 74, 81 definitions.
[24:41]
Okay. So they're defining it. Okay.
[24:43]
We'll edit In. I I would, I would not try
[24:46]
to improve on the works of the general court.
[24:48]
'cause that's one of the ways you get yourself into trouble.
[24:51]
Okay.
[24:54]
I think the sanitation is important to include that too.
[25:01]
See that at the end of 18,
[25:07]
I mean if you want to,
[25:12]
if you want to have a short definition in the zoning,
[25:15]
you could have a short definition
[25:17]
and then add at the end as further specified
[25:21]
in RSA 6 74 81, you know,
[25:25]
Roman four.
[25:28]
That way someone can't just say, oh this is all there is.
[25:31]
No, I have to go read the law. If you wanna save some,
[25:35]
some characters do a reference.
[25:37]
But I wouldn't just leave it
[25:38]
Dangling.
[25:39]
Yeah, no, especially where these are starting
[25:41]
to become more popular.
[25:42]
It's probably better to put the whole definition in there so
[25:45]
that it's clear for the general public.
[25:49]
'cause it would be asking a lot for the,
[25:50]
they'd be like, well I don't know where to find that law.
[25:52]
Ask you a lot for the public to know how
[25:54]
to use Google. Well,
[25:55]
Well they could, I don't know.
[25:57]
Sometimes Google doesn't, can be asking a lot.
[25:59]
Give you the, give you the right answer.
[26:00]
Okay. I I stand direct it. I'm sorry. Yeah.
[26:05]
I think the safest thing
[26:06]
to do is just clone the whole thing.
[26:08]
Alright, we'll do that. And I think that would go for
[26:11]
all of these definitions.
[26:15]
For example, you yurt says a round freestanding structure,
[26:19]
but the statute says a style of tiny house that is round
[26:24]
or similar shape.
[26:28]
So they don't really say the same thing.
[26:30]
'cause the similar shape could mean, you know, oval octagon
[26:34]
or octagonal or ellipsoidal.
[26:37]
I mean, so I think we wanna be careful Okay.
[26:40]
That if the state is issuing a definition,
[26:44]
we'd literally clone it.
[26:45]
Okay. 'cause I think that, I don't wanna speak
[26:50]
for the planning board, I don't wanna speak for the ZBA,
[26:52]
but if someone is, is going solely by this
[26:54]
and isn't aware what the definition says,
[26:57]
and then the, the lawyer who's representing the applicant's,
[26:59]
ah, but that's not what the state law says.
[27:02]
That just gets us looking bad, so. Got it. Right. Yeah.
[27:06]
Yep. Okay. Okay.
[27:09]
And as she said too, these yurts
[27:11]
and tiny houses are starting to become, starting
[27:14]
to see them, they're starting to become
[27:15]
Hard.
[27:16]
Well, yeah, I mean tiny houses certainly.
[27:17]
I I, again, I don't, I don't know how you put heating
[27:19]
and plumbing in a yurt
[27:21]
or maybe someone who is, is in, you know,
[27:24]
construction trades can enlighten me.
[27:25]
'cause maybe I, maybe I'm,
[27:26]
I'm thinking too simple there, but
[27:30]
I think a yurts just basically a round
[27:32]
tiny house at this point. Yeah,
[27:34]
Yeah.
[27:35]
Neither of these definitions specify, unlike the tiny house
[27:39]
that this needs to be on a,
[27:41]
a permanent foundation or anything.
[27:43]
So that, so what we can just like drive stakes in your yard
[27:46]
and call it a yurt.
[27:48]
That's, that's an interesting addition.
[27:50]
Well, yes, it's is a freestanding structure modeled
[27:54]
after traditional nomadic dwellings, which to me means,
[27:59]
you know, you can pick it up
[28:00]
and put it on your pack horse and move it.
[28:02]
Yeah. The only thing I can think of is
[28:04]
that including the engineering for use as a permanent
[28:07]
or long-term residence might imply that there needs
[28:09]
to be some kind
[28:10]
of concrete foundation or something. So I, I
[28:12]
Think we, we do need to be a little bit careful about
[28:14]
whether or not we think that we have statutory authority
[28:19]
to require that the tiny houses
[28:21]
and the, especially the yurts have self-contained
[28:24]
sanitary facilities
[28:27]
That would be under the building code.
[28:33]
Oh, that's always interesting when land use
[28:37]
and the building code collide.
[28:39]
Although I usually wanna walk away from that, but Yeah.
[28:42]
Although I, I did just notice that it, it seems the way
[28:45]
that this is written is that
[28:47]
tiny house is an overarching category
[28:49]
and tiny house on wheels and u are within that category.
[28:53]
So the, the well,
[28:54]
because it says a style of tiny house for both of them
[28:58]
implying that maybe they are also under the same constraints
[29:02]
or requirements of the
[29:04]
Previous tiny house.
[29:05]
That's, that's true. Although the, at the roman numeral
[29:08]
top level section number under colon 81 tiny house is four
[29:14]
and your is six.
[29:15]
So they, they appear to be on the same hierarchy level
[29:20]
of the, of the law.
[29:21]
So that's confusing.
[29:26]
I would recommend just copy everything will do straight out
[29:28]
of the state law and then if anyone is confused, say,
[29:32]
oh, go ask a lawyer,
[29:35]
We can do that.
[29:36]
Okay.
[29:37]
I'll talk to your representative.
[29:39]
Okay. So we can, we can then move on to the next page.
[29:44]
So this, one of the changes was that they wanted to
[29:49]
protect Existing single family structures
[29:54]
in their existing setbacks.
[29:56]
So, so that,
[29:59]
I think municipalities couldn't come in afterwards
[30:01]
and say, well, we're only gonna apply it
[30:05]
to new single family dwellings
[30:06]
or dwellings that, you know,
[30:08]
meet the applicable setbacks now.
[30:11]
So they have said that if you have a lot
[30:14]
that has a single family detached dwelling
[30:16]
that is in existence as of July 1st, 2025,
[30:21]
you can have an A DU.
[30:23]
The A DU of course would have to meet setbacks,
[30:25]
but we wouldn't as, we wouldn't have to make
[30:30]
them go for variances like setback variance in things.
[30:35]
Especially if they were doing it internally
[30:39]
because they're adding that internally.
[30:41]
They don't want you to have to jump through a lot of hoops
[30:44]
to have to get that permitted.
[30:46]
So they're taking away some of the roadblocks.
[30:49]
So it's just, and,
[30:50]
And when we are, are looking at this section, this applies
[30:53]
to both attached and detached.
[30:57]
Yes. Because it doesn't say one way or the other. Correct.
[30:59]
Okay. Yeah.
[31:05]
And then so we add, so at the top, we just under,
[31:08]
you know, the, the the top piece we say,
[31:10]
so if you're existing as of July 1st, 2025, that's okay.
[31:14]
And then we add on language that says if you don't comply
[31:19]
with current dimensional, we are,
[31:21]
we can issue the permit if,
[31:24]
and then I believe that language follows the
[31:26]
RSAI Can double check that.
[31:44]
6, 7, 4 6. So
[31:51]
6, 7, 4.
[31:53]
I'm reading what our proposed zoning ordinance is
[31:56]
as the creation and an accessory dwelling unit on a lot
[32:01]
containing a single family detached, dwelling
[32:06]
existing as of the enact mandate shall be subject
[32:09]
to all the following conditions.
[32:15]
What the NHMA summary says
[32:20]
that additionally any legal preexisting structures built
[32:25]
before the enactment date that violate the current
[32:29]
and existing zoning ordinances for setbacks and
[32:33]
or lot coverage shall be permitted to be converted
[32:36]
to an A DU by Right.
[32:37]
That's not the same concept.
[32:40]
Is that what we were looking at when we wrote this?
[32:43]
Lemme see 6 74.
[32:52]
So it's, I
[32:58]
We should probably add language.
[33:00]
So if you have a new one.
[33:04]
So any legal structure that's being converted is vested
[33:12]
and if they're preexisting non-conforming with regard to
[33:15]
setbacks or lock coverage, they retain the Right,
[33:19]
they're grandfathered.
[33:20]
That's what, that's what the law says.
[33:29]
So
[33:29]
Yeah, I'm, I'm just, We may need to lay add language
[33:32]
with regard to conversions to cover that vesting.
[33:37]
Yeah. This document from
[33:43]
NHMA seems to talk about
[33:48]
conversions and it seems like the language of our
[33:53]
zoning order in section 1 6 5 25 is about the requirements
[33:59]
for creating them prior to
[34:03]
the current chapter law.
[34:08]
And it talks about all these other things
[34:10]
that just aren't mentioned here.
[34:13]
So I'm wondering if it does need to be a,
[34:18]
a whole separate section on,
[34:22]
on conversion and, and grandfathering
[34:26]
Because Yeah, I think we need to,
[34:28]
I do think we need to add that.
[34:32]
Just looking to see,
[34:41]
So this is HB 10 79.
[34:45]
I guess we should find that right?
[34:49]
Anybody have any idea where that is in this package?
[34:57]
Okay, I found 10 79.
[35:07]
It's right in the middle.
[35:10]
Yeah, but are there any,
[35:14]
so there is a a 25 dash 2 5 9 4?
[35:18]
I don't know. I don't know if
[35:19]
that's No, that's not a page number.
[35:20]
I don't know. It looks like this
[35:23]
guys, oh.
[35:28]
Although they are in numer, the,
[35:30]
the bills are in numerical order.
[35:31]
So, so it says the bill
[35:36]
expands the definition of accessory dwelling in this
[35:38]
to allow them to be built within non-conforming structures.
[35:51]
So this seems to talk about existing structures. Gotcha.
[36:00]
If the existing structure does not comply
[36:01]
with the dimensional requirements for setbacks
[36:04]
or lock cup coverage
[36:05]
of municipality may determine eligibility for placement
[36:10]
of an accessory dwelling within an existing structure
[36:13]
by requiring applicant for the building
[36:15]
to demonstrate either it qualifies
[36:19]
as preexisting or the existing structure
[36:23]
received prior zoning approval.
[36:24]
So if I read 10 79, it doesn't to me
[36:30]
read in anything like section 1 65 25.
[36:42]
What we do say
[36:49]
we do say that
[36:52]
I, They can
[36:57]
be converted from existing structures in existence as
[37:00]
of July 1 25, including detached garages, regardless
[37:06]
of whether they violate current dimensional
[37:08]
for setbacks or lock coverage. And where
[37:10]
Does it say that? Which,
[37:11]
So on in our text on page two,
[37:15]
section 1 65 25 A.
[37:26]
Okay. So the overall
[37:32]
section says, shall be subject to all
[37:34]
of the following conditions.
[37:36]
And the first itemized condition says Oh, except
[37:39]
for, okay.
[37:43]
So yeah,
[37:44]
It's a little confusing.
[37:46]
So it soon, if, if a is triggered, does
[37:49]
that mean you ignore the rest of them?
[37:51]
Maybe we should.
[37:55]
I'm thinking ought be a separate section just
[37:58]
because the, the if and else of of Yeah.
[38:02]
Well if, if it hits a, then you skip the rest of the,
[38:06]
the section is a bit confusing.
[38:09]
I mean it's, it's, it's more like code than,
[38:11]
than regulations.
[38:12]
What if we, what if we started with a
[38:15]
and said accessory dwelling units
[38:17]
may be converted from existing structures existing as
[38:20]
of included, but not limiting to detached garages
[38:23]
and complete that section
[38:25]
and then make new structures shall meet the appropriate.
[38:30]
I I'm, I'm gonna suggest you, you, you leave
[38:32]
1 65 25 the way it is
[38:34]
and create a 1 65 21 25 0.1 for
[38:40]
conversion of accessory dwelling units.
[38:43]
25. Okay.
[38:44]
And then we can make innovative housing structures 25.2.
[38:48]
Okay.
[38:50]
Okay. Or whatever the numbering works.
[38:52]
All, all I'm saying is maybe leave what we have alone
[38:54]
and then add a new section that basically describes
[38:58]
what happens in 1 65 25 A in a,
[39:02]
in a standalone section so that Okay.
[39:05]
It literally can say if it's not a conversion,
[39:10]
it shall be subject to all of these conditions.
[39:17]
And then I think it'll be clearer to folks which set
[39:21]
of conditions they should be reading.
[39:23]
Okay.
[39:40]
Okay. We can do that. And what is the,
[39:43]
so on the other page there's a whole new MA and B.
[39:50]
Oh, so maybe that m goes in the,
[39:55]
the new.one?
[39:57]
Yep. Okay.
[40:03]
Okay. Yeah, I think
[40:07]
that's cleaner. Okay.
[40:08]
We can do that.
[40:14]
Just one quick note on that.
[40:17]
M reading through HSB
[40:22]
10 79, it looks like everything is, you know,
[40:25]
at shall receive,
[40:26]
we're essentially grandfathering all these existing dwellings.
[40:30]
Right? So I'm thinking m should that be,
[40:33]
if an existing structure does not comply
[40:35]
with current dimensional requirements for setbacks
[40:37]
and lock coverage, a building permit shall be issued.
[40:44]
Well there it would be a shall there might be other
[40:46]
reasons why a building permit wouldn't be issued.
[40:53]
So here's just a, a medic question.
[40:58]
Building permits are really under the, the police powers
[41:02]
of the governing and legislative body, the council.
[41:05]
Right. They're not controlled by the ZBA
[41:07]
and they're not controlled by the planning board
[41:10]
other than I guess the ZBA is an appellate agency.
[41:13]
They are. Right. So
[41:18]
let me ask a silly question.
[41:19]
Why is the zoning ordinance talking about
[41:22]
issuing building permits at all?
[41:27]
Lemme see.
[41:37]
Good question. I'm my, I'm, I'm thinking about this
[41:40]
because up until recently,
[41:44]
The, The, the law allowed up until recently,
[41:49]
some of the powers of the building official was
[41:52]
captured under 6 74.
[41:53]
Six 70. Like the six seventies.
[41:56]
So there it was in the land use regulations,
[41:58]
which is why we, we have some building permit things
[42:01]
in the zoning ordinance.
[42:02]
Okay. The recent law change under 2 44
[42:06]
just removed all of that and moved everything to 1 55.
[42:10]
Ah, okay. So we haven't caught up with that part
[42:13]
Either.
[42:14]
No, we're still catching up.
[42:14]
So we are, we're used to being able to say,
[42:17]
well we can issue a building permit if you meet X, Y, and Z.
[42:20]
But now everything is defaulting to 1 55
[42:23]
and it's removed from the six seventies. And I presume
[42:26]
That exists in some other complete chapter
[42:28]
With the town code.
[42:29]
It does whole, yeah. That 20, the 28 pages at the beginning
[42:32]
of your packet is that removal.
[42:35]
Yeah. Now I know that there are times
[42:38]
Mr. Chase will remember that sometimes we talk about,
[42:42]
you know, NFPA and fire code as it interacts with land use
[42:45]
if it becomes one of those overlapping jurisdiction things.
[42:51]
But I had typically tried to not specify in, in zoning
[42:56]
anything that isn't deriving its power from the land
[42:59]
use authority of statute.
[43:01]
So otherwise it can get like, well who gets
[43:04]
to have the final say? Yeah.
[43:06]
Yep. So I'll look at, I'll look at that wording
[43:10]
with regard to building permit may be issued
[43:12]
and that whole new section will really more mimic
[43:15]
what the law says and then we can go from there.
[43:18]
Yeah. I think Mr. Melby is right.
[43:19]
I think the law intends like Yeah, if if existing structure
[43:23]
and they wanna make it a a amen to you,
[43:26]
you gotta let 'em period.
[43:28]
So do we, alright, do we want it to say shall
[43:33]
Well, I guess the question is if we don't talk about
[43:36]
building permits, we don't have to worry about
[43:37]
the the verb do we?
[43:39]
Okay. But my understanding is
[43:44]
that,
[43:58]
so it it says if an existing structure does not comply
[44:01]
with current dimensional requirements for setbacks
[44:04]
and lot coverage, a municipality may determine eligibility
[44:08]
for placement of an accessory dwelling
[44:12]
unit within an existing structure by requiring the applicant
[44:16]
or building permit or for the building permit
[44:18]
to demonstrate either one or two.
[44:21]
Okay.
[44:29]
So I think that's what you've done with,
[44:31]
with A and B, right?
[44:33]
Yeah. We'll we'll put that in the,
[44:35]
So maybe just say,
[44:37]
if the existing structure does not comply
[44:39]
with current dimensional requirements or setbacks
[44:41]
and coverage, the applicant shall demonstrate either a
[44:47]
b that kind of mirrors the state law.
[44:55]
Anyone have any other ideas on that?
[44:58]
That makes sense.
[45:03]
Okay. Okay. Okay.
[45:07]
And then innovative housing structures,
[45:12]
which is the ordinance that deals with the new definition.
[45:16]
Innovative housing structures are tiny houses,
[45:19]
tiny houses on wheels and yurts.
[45:23]
The purpose of innovative housing structures,
[45:27]
That's great English. Okay.
[45:28]
Is Our to bring,
[45:30]
I think it is.
[45:31]
I I think it's single 'cause the purpose is
[45:34]
Oh, Yep.
[45:35]
To bring more housing opportunities into dairy.
[45:38]
These shall be subject to the same in inspections
[45:42]
as any single family dwelling under construction provided.
[45:50]
Alright. So which chapter do we find
[45:56]
the regulation for?
[45:59]
Tiny houses.
[46:01]
So this seems to be covering
[46:02]
what was changed in the definition.
[46:04]
1681. 1681. So let's find 1681 that's
[46:08]
Towards the back.
[46:09]
It's like six pages from the
[46:11]
Back.
[46:12]
Alright. 1681. Okay. Found it.
[46:16]
So the bulk of it starts with
[46:22]
that 3 31 new,
[46:26]
new new section innovative housing.
[46:31]
And then it's under 6 74 81 definitions.
[46:34]
We've talked about the definitions
[46:36]
and then I think we were moving on to 6 74 82.
[46:40]
Location and use, which should be tracking
[46:46]
what's in 1 65 25 dot something.
[46:54]
Well, Do we wanna say innovative housing structures are
[46:57]
tiny houses, tiny houses on wheels and yurts?
[47:00]
Or should we say they,
[47:02]
or should we say unique single
[47:06]
residential units such as a tiny house,
[47:08]
tiny house on wheel or a yurt?
[47:10]
It, it seems like the state law definition
[47:14]
could include other types.
[47:16]
I, you know, I'm gonna, I'm going to
[47:20]
give you two separate conflicting opinions on this.
[47:24]
We Could remove the number one,
[47:27]
if you have a definition, it's always better
[47:29]
to refer back to the definition.
[47:31]
That way you only have to change it one place.
[47:32]
You don't have to find all the places
[47:34]
that say the same thing.
[47:37]
The contrary opinion is that, well
[47:39]
that makes people flip back and forth in the book
[47:41]
and they have to go find the definition
[47:42]
and then they find that inconvenient so
[47:44]
that there's pros and cons. Right.
[47:47]
So maybe we just remove that first sentence
[47:49]
because we've already defined it.
[47:51]
That would be one solution. Yeah.
[47:53]
What do people think on that?
[47:55]
Yeah, I think that makes sense.
[47:56]
Seems okay.
[48:06]
Alright.
[48:07]
Do we have something that's tracking 6 74 83? No,
[48:13]
6 7 4 83.
[48:23]
Seeing, does that really apply?
[48:25]
That's Not really, I, I'm, I'm, there's really not much
[48:28]
to 6 74 82.
[48:33]
There's just Roman one, Roman two and it doesn't say much.
[48:38]
Yeah. And,
[48:39]
And we've got a lot of stuff.
[48:40]
So where do we get that?
[48:45]
6 7, 4 8 2
[48:52]
Oh right here. Gotcha.
[48:53]
So we talk about, so setbacks, they would have
[48:56]
to meet the setbacks.
[48:58]
And I think that's in the,
[49:02]
Is that in another section of the statute?
[49:05]
No, but any, I think any
[49:08]
new location and
[49:12]
Use, well, so it, it is just hand wavy.
[49:15]
Right. So I'll, I'll, I'll read these 'cause they're short.
[49:20]
It's subject To anything is allowed to be used
[49:22]
as an accessory dwelling unit pursuant to 6 74 72.
[49:26]
Subject to all applicable, applicable land use requirements.
[49:30]
So you have to Meet subject, what
[49:32]
what do we think is applicable in this sense.
[49:34]
So that, that to me, I interpreted that to mean
[49:38]
when you're talking about a structure, you're talking about
[49:41]
what is its location on the lot.
[49:43]
So it needs to meet the setbacks.
[49:46]
Alright, so you're expanding all applicable land use
[49:49]
requirements to, to this list of things that,
[49:52]
that we would require traditionally?
[49:54]
Yes. Okay. And then the second paragraph says,
[50:00]
shall meet all applicable regulations
[50:03]
regarding drinking water supply
[50:05]
and wastewater treatment and disposal.
[50:09]
And that is, we pulled that from,
[50:13]
if you look at line 36 on page two
[50:17]
of HB 6 81 Oh
[50:21]
that's adopting rules regarding that.
[50:23]
So,
[50:26]
So, you know, scanning down one,
[50:29]
the innovative housing structures subject
[50:32]
to the same inspections,
[50:36]
providing the structure shall meet building setbacks
[50:38]
of the zone, adequate provisions
[50:41]
for sewer discharge and disposal.
[50:43]
Yes. One additional off street parking
[50:48]
provided for the innovative housing structure.
[50:49]
Now is that Yes. Is that under the all applicable land use?
[50:55]
I think we took a lot of this from the A DU section.
[51:02]
Okay. They need, you need
[51:04]
to have at least one parking spot.
[51:06]
I mean, we, we don't have public transportation.
[51:08]
The, the general court has said you could
[51:10]
build stuff without parking.
[51:12]
So I wouldn't put it past them.
[51:14]
They haven't, they haven't done it yet though. So Well
[51:19]
Total living space shall not exceed
[51:23]
And that should likely be 600.
[51:25]
That's gonna be 600. 600. Yep. According
[51:27]
To line 19.
[51:28]
Yep.
[51:30]
19 says 600
[51:31]
Square feet on us.
[51:32]
Yep, yep, yep. Shall be composed
[51:37]
of a kitchen, living room, bathroom and bedroom.
[51:40]
That, That was again from the A DU.
[51:43]
Yes.
[51:49]
Room sizes and innovative hunting structure must conform
[51:52]
to the minimum requirements
[51:54]
of the India International Res Residential code.
[51:56]
Well, unless it ex, you know, exceeds 600 square feet.
[52:02]
I think they, This is where I, you know,
[52:07]
that we may be introducing an inherent turf war conflict
[52:11]
between different authorities.
[52:13]
The International Residential Code is not under
[52:15]
the control of the General Court.
[52:17]
General Court has said that these things are 600 and under.
[52:21]
And if International Residential Code requires a total
[52:24]
for all those rooms of more than that,
[52:26]
then we've got a, a court
[52:28]
Case we can take that out.
[52:29]
And then that would be when they apply
[52:31]
for the building permit, it would be under that, the purview
[52:35]
of the building official to ensure that room size is met.
[52:39]
Code
[52:42]
Structure is not a trailer, semi trailer camp trailer
[52:45]
or recreational vehicle.
[52:47]
I think that kind of meets the definition of,
[52:53]
although did we sort out what the difference between a,
[53:01]
a mobile home and a tiny House on Wheels is,
[53:06]
Wasn't that a point of discussion a few weeks
[53:08]
Ago?
[53:09]
It was. And have we resolved it? I don't,
[53:11]
I think we tabled that.
[53:14]
I'm guessing it's just space.
[53:17]
So I I I kind of know that the code enforcement folks want
[53:23]
I item G because that's, that's been a problem.
[53:27]
My only concern is that the new statute, including
[53:32]
a tiny House on Wheels
[53:36]
without much further discussion, it it
[53:38]
Does say built on a trailer chassis in
[53:41]
that definition too.
[53:43]
Yep. Yeah. I'm wondering if,
[53:44]
if G is at least partially obsoleted by this new statute.
[53:49]
Well, it, the statute itself says it,
[53:53]
nor shall it include any recreational vehicle
[53:56]
or park trailer as defined in the
[54:00]
American Standard Institute for Recreational Vehicle
[54:03]
or NC a 19 standard for park trillion
[54:08]
Trailers.
[54:09]
Okay. So that means that a, somebody help me
[54:12]
on, on the lingo here.
[54:13]
There's a, there's a mobile home
[54:16]
and then there's a pre-manufactured home.
[54:18]
There's Yes. So there's yeah.
[54:21]
Mr. Chase, you help. So
[54:22]
The difference, the difference between a modular
[54:25]
and a mobile home is a modular home is constructed
[54:29]
set on a frame towed to the building site,
[54:32]
lifted off the frame and set on a foundation.
[54:35]
A mobile home is constructed on a frame
[54:38]
that is permanent to that structure.
[54:40]
You cannot remove the frame from the structure.
[54:42]
So it's towed to the site.
[54:43]
Either set on a concrete slab on concrete blocks,
[54:47]
or it can be put on a foundation
[54:49]
and the axles and tunnel removes.
[54:51]
So That's the difference between the two.
[54:53]
Then other than that, they're identical. So
[54:55]
A mobile home, according to
[54:56]
that definition, is not a trailer?
[54:59]
No. No. Okay.
[55:01]
I think this is where we just have
[55:02]
to be careful about words about art.
[55:04]
I think we're probably okay then.
[55:06]
'cause I think that tiny home probably means a,
[55:10]
a mobile home among other things.
[55:13]
A mobile home would likely be larger than 600 square feet.
[55:16]
Yeah. I'd also, not to circle back
[55:19]
to the same thing we were talking about earlier,
[55:20]
but it really does seem like the tiny house on Wheels five
[55:25]
and Yurt six are definitionally referential
[55:29]
to four tiny house.
[55:31]
So the implication is that the reason why it can't be
[55:35]
a mobile home or, or,
[55:36]
or a trailer that can just leave easily is
[55:40]
because it's within the definition of Tiny House is the,
[55:44]
the caveat of, of permanent provisions.
[55:47]
Like, it, it is hooked up in a permanent fashion
[55:49]
to the spot that it is in.
[55:51]
Well, so a a a mobile
[55:56]
home, which is a, a House on Wheels
[56:00]
is parked typically jacked up
[56:02]
and they put a, a block wall under it
[56:04]
and it is hooked up to utilities permanently.
[56:06]
You can't drive it off without disconnecting them,
[56:09]
at least not without much damage. So I think
[56:12]
That would fit in the definition, but something like a
[56:14]
camper wouldn't because Correct.
[56:15]
It has a tank and it's not connected into the
[56:17]
Infrastructure.
[56:18]
So I, I think based on on that clarification,
[56:20]
we're probably okay with G.
[56:22]
Okay.
[56:27]
Now, innovative housing, does that include,
[56:29]
that includes yurts?
[56:30]
So each structure has heating, cooking
[56:33]
and sanitary facilities.
[56:35]
I guess I'm gonna leave that up to code to figure out how a
[56:39]
a yurt contains all of that.
[56:42]
Okay. I mean, hey, the Native Americans had
[56:47]
heating, cooking and sanitary facilities in their lodges.
[56:51]
In their yurts. Yes they did. Yes they did.
[56:52]
They probably don't necess meet current code though. No.
[56:56]
Yeah, I don't think they had, they had plumbing.
[57:00]
They were going outside to do their business.
[57:03]
Yeah. Mr. Mr. Chase. So
[57:05]
A a little off subject, but the, it's sooner
[57:09]
or later it's gonna come.
[57:11]
Somebody's gonna put in a tiny home on a house lot
[57:14]
and then wanna put in a second tiny home for an A DU.
[57:20]
Somebody's gonna come up with that someday.
[57:21]
So be ready for that.
[57:27]
A tiny home park. Yep.
[57:30]
Yeah. Wasn't that one of the proposed developments
[57:33]
that they were wanting to do was these kind
[57:34]
of like cottage community type things? That's
[57:37]
In Chesta.
[57:38]
Yeah. Cottage. Yeah. Dover
[57:39]
Has one too.
[57:40]
Yeah. Cottage court. Yeah.
[57:41]
Yeah, yeah. I mean Probably an intentional,
[57:44]
We, we, we could either see it legislated or,
[57:46]
or somebody request us to have, that's sort of the
[57:51]
new millennium version of cluster development,
[57:52]
right? It is.
[57:54]
Yep. It is. It is.
[57:56]
And the real side track, the,
[58:01]
the survey that went out
[58:02]
for the housing needs needs assessment that we did in Derry,
[58:06]
the cottage court concept scored very
[58:10]
high. So
[58:12]
I'm gonna guess though, if we had a one
[58:14]
of those high density tiny home parks,
[58:18]
it's gonna require, you know, pound water and sewer.
[58:21]
Yeah. We would likely look
[58:22]
For that.
[58:23]
Or at least community water and sewer. Yeah.
[58:26]
Depends on the amount of land.
[58:28]
If you've got 10 acres of land, you're gonna use two
[58:33]
for your cottage development.
[58:35]
That leaves eight acres for your wastewater disposal. Yeah.
[58:39]
Which in look at the size of the units
[58:44]
as some of our neighboring
[58:45]
communities have put in without, well
[58:46]
There was a bill, I, I think it did not pass.
[58:48]
I actually went to the hearing on it that said
[58:52]
municipalities are prohibited from creating any
[58:56]
dimensional requirements for residential
[59:00]
construction beyond that, that the DES would require
[59:04]
for approved septic designs.
[59:06]
Yep. Yeah. So yeah.
[59:08]
Yeah, that'll probably come back.
[59:17]
Okay. So I I, I'm okay with leaving that in there.
[59:22]
I think some of this stuff, based on what HB
[59:27]
1681 actually says
[59:29]
is probably gonna be sorted out in the courts, sadly,
[59:33]
because it's just not all that specific
[59:36]
and each town's gonna do something a little different.
[59:39]
Right. Is there specific recommendations in
[59:42]
the NHMA?
[59:47]
I didn't see one about tiny homes.
[59:52]
See one about ADUs.
[59:57]
Oh, the innovative housing structures are in the,
[1:00:03]
they're in the, the guidance
[1:00:05]
that talks about HB 2 44 16 81
[1:00:09]
in SB 94.
[1:00:11]
And
[1:00:16]
Is that not one of the ones I printed?
[1:00:18]
They're, they're, they're treated innovative housing
[1:00:21]
structures shall be treated as single family dwellings
[1:00:24]
or accessory dwelling units for zoning purposes, which is
[1:00:27]
where we pulled that information from subject
[1:00:30]
to all applicable land use requirements and state laws
[1:00:32]
and regulations regarding drinking water supply
[1:00:35]
and wastewater treatment and disposal.
[1:00:38]
RSA 1 55 A 3D provides a pathway for construction
[1:00:43]
and inspections to ensure
[1:00:44]
that they meet building code requirements.
[1:00:47]
It includes offsite construction elements
[1:00:49]
that must undergo review
[1:00:50]
and inspection either by local building officials
[1:00:52]
or the state fire marshal to ensure compliance
[1:00:55]
with the state building code.
[1:00:58]
So I, I think the A DU law as it stands,
[1:01:02]
makes an A DU either detached or,
[1:01:04]
or detached a use of Right.
[1:01:06]
But I don't think it grants you two or three.
[1:01:09]
No, Today,
[1:01:12]
Today it does not.
[1:01:13]
No. You can have you
[1:01:15]
and you can have your structure, your single family home,
[1:01:19]
you can turn your garage into an A DU
[1:01:21]
or you can build an A DU.
[1:01:22]
We have had a couple of applications to the zoning board
[1:01:26]
to permit to ADUs on a lot.
[1:01:29]
Hmm. Well just
[1:01:32]
because it's not in the zoning doesn't mean you can't
[1:01:34]
get a variance to do it.
[1:01:35]
That is correct. Yeah.
[1:01:42]
So hope hopefully our, our regs do talk about proper
[1:01:48]
utilities for however many they're granted by a variance.
[1:01:54]
One of the things that we might do is
[1:01:59]
put something in the land development control regulations
[1:02:02]
regarding septic and,
[1:02:07]
and water and other utilities for, or ADUs
[1:02:12]
or innovative housing structures
[1:02:17]
as a defensive move.
[1:02:18]
'cause the DBA cannot grant a variance to the LDCs.
[1:02:25]
Okay. Yeah, I know that for the ADUs currently,
[1:02:28]
they've been asking them to, if water's available,
[1:02:31]
they've been asking them to connect
[1:02:32]
to the public water supply.
[1:02:34]
And I know that the, if it's septic, it's same rule
[1:02:39]
that it's always been, you know, you need
[1:02:41]
to have a replacement septic plan approved
[1:02:43]
by the state on file in case you know if and when the
[1:02:47]
Existing money does.
[1:02:48]
Right. So where, where is that written?
[1:02:53]
It's not in our LDCR.
[1:02:59]
Is that not part of our A DU
[1:03:02]
or is that, that might be building code.
[1:03:05]
My suggestion is that we put it in the,
[1:03:08]
into the LDCR maybe even if it's duplicative.
[1:03:11]
Okay. Because then when summon comes to the ZZBA says,
[1:03:15]
I want five ADUs,
[1:03:17]
and we say, fine, we'll get, we'll grant you approval
[1:03:21]
as long as they all have proper septic hookup
[1:03:24]
and the ZBA can't just waive or,
[1:03:28]
or give a variance to that septic requirement.
[1:03:31]
Does anyone else think I'm being too Machia Valley in there?
[1:03:38]
Are we No, I think that, I think that makes sense.
[1:03:42]
Are we okay under state law to do, to do that?
[1:03:46]
Well, my understanding is that the state law for
[1:03:49]
idiots does require that they have approved septic.
[1:03:53]
Okay. And I don't think such a thing as approved
[1:03:57]
drinking water, but certainly the approved septic.
[1:04:00]
Now it could be that you built a, an oversized
[1:04:04]
septic system on your lot and,
[1:04:05]
and the existing design could support the primary dwelling
[1:04:09]
and an IDU, in which case you just need
[1:04:13]
a subject designer to sign off on it.
[1:04:16]
Okay. I just don't think we ought allow that to be
[1:04:22]
subject to a variance.
[1:04:25]
Okay. I will, I'll come up with wording
[1:04:28]
and I'll work with the building inspector on that.
[1:04:34]
Now if it's, if it's in the building code, then who, who,
[1:04:36]
who gets to control that
[1:04:40]
Would fall under the, the building official
[1:04:43]
to make the final determinations.
[1:04:46]
How we've been handling it is when we get applications like
[1:04:49]
that and the building permit comes through Fire
[1:04:54]
and public works sign off on the, the building permits.
[1:04:57]
So that's how we check those boxes for code compliance.
[1:05:03]
And technically the planning board doesn't review
[1:05:09]
two one and two families.
[1:05:11]
So if it's, if it's, we don't a primary
[1:05:13]
and an A DU, it doesn't fall under our jurisdiction.
[1:05:16]
It doesn't. Okay. I guess that's the best we can do then.
[1:05:20]
Okay. Alright. Okay.
[1:05:31]
So there's a list of zones in which they are permitted.
[1:05:34]
What does the state statute say about
[1:05:37]
where they're permitted?
[1:05:40]
Let's see,
[1:05:45]
I guess what it says is it may be
[1:05:50]
on an individual house lot
[1:05:52]
where single family dwellings are allowed.
[1:05:55]
So is this the listing of all Yes.
[1:05:58]
Districts that allow, okay. Yep.
[1:06:08]
Alright. Anything else on
[1:06:11]
Native Housing?
[1:06:12]
Yeah, I just want to bring up one thing.
[1:06:14]
We're saying the housing structure is composed
[1:06:16]
of a kitchen living room, a bathroom and a bedroom.
[1:06:19]
If we're limiting it to 600 square
[1:06:22]
or if it's limited to 600 square feet, do we really want
[1:06:25]
to tell people they can't have a studio layout?
[1:06:29]
Well, I guess the question is, is that a,
[1:06:33]
a functional requirement
[1:06:34]
or a, a structural requirement if you have a, a kitchen area
[1:06:40]
and a sleeping area
[1:06:43]
and then you probably want walls
[1:06:44]
around your bathroom. I'm thinking, but
[1:06:46]
Probably, yeah, But I, I I, I would not presume it
[1:06:51]
to preclude studios.
[1:06:55]
Okay. Yeah, I think it is interesting to note that in,
[1:07:00]
what is this
[1:07:05]
in E one six?
[1:07:07]
5 2 5 1 E It, like you said, it mentions
[1:07:12]
kitchen, living room, bathroom, bedroom as if those are
[1:07:16]
necessity separate rooms
[1:07:18]
because in, in, in h it mentions the requirement
[1:07:22]
for the actual functional things like the fact
[1:07:24]
that there's cooking facilities, sanitary facilities.
[1:07:27]
If those are both there,
[1:07:28]
it does make it seem like e
[1:07:30]
is implying that you need support.
[1:07:31]
Right. That's, that's how I read it at first.
[1:07:34]
Well maybe we could go back to those more generic terms
[1:07:36]
about areas dedicated to cooking, you know,
[1:07:40]
sleeping and,
[1:07:42]
Yeah.
[1:07:43]
'cause 'cause h if that's san,
[1:07:45]
How do you, how you describe your bathroom things
[1:07:48]
politely in the zoning ordinance?
[1:07:50]
Because if that's the only thing
[1:07:51]
that we're requiring is this, the fact
[1:07:53]
that those facilities are present in the building
[1:07:55]
then h covers that, that has heating, cooking, sanitary,
[1:08:00]
I guess we could add sleeping and whatever. Yeah,
[1:08:03]
Probably add sleeping.
[1:08:04]
Good
[1:08:05]
Think that's how, how it says it in here.
[1:08:07]
Okay. Yeah, because here it says provisions for living,
[1:08:10]
sleeping, cooking, and sanitation. That's
[1:08:12]
A very good catch because I think the thing we wanna avoid
[1:08:15]
is words that when we're thinking about it,
[1:08:19]
oh yeah, that makes sense.
[1:08:20]
But someone else trying to apply it, oh no,
[1:08:22]
it means our room, you gotta have walls.
[1:08:25]
And I don't know that that's justified
[1:08:30]
in the state statute itself. Yep.
[1:08:32]
Okay. So we, we can, I think that's the intent.
[1:08:34]
Delete e and then on and we will renumber these
[1:08:37]
and then h would structure contains heating, cooking,
[1:08:42]
sanitary facilities in a sleeping area.
[1:08:45]
Yeah. Yeah. I think taking the wording,
[1:08:47]
maybe not the wording but the, the contents of
[1:08:51]
the description of Tiny House
[1:08:52]
where it says providing permanent provisions for living,
[1:08:56]
sleeping, eating, cooking, and sanitation.
[1:08:58]
So just something that encompasses each of those things.
[1:09:02]
Okay. Okay. Alright. Yeah, good catch.
[1:09:06]
Anything else on innovative housing?
[1:09:12]
Do we wanna list the zones
[1:09:13]
that it is allowed in in case there's nonconform?
[1:09:16]
Well, I mean there, I'm assuming there are single family
[1:09:19]
houses in other zones that are preexisting.
[1:09:24]
I don't know if we wanna,
[1:09:29]
I don't know if it makes sense to list the zones innovative
[1:09:32]
Housing.
[1:09:33]
This is not the same
[1:09:35]
as an accessory dwelling unit. Right,
[1:09:38]
Right, right.
[1:09:39]
Alright. Yeah, I I take that back.
[1:09:41]
So you you you're putting it on a, some sort of lot
[1:09:45]
of record where it can fit,
[1:09:46]
whereas ADUs can pretty much go anywhere
[1:09:52]
and the town has less control over compliance.
[1:09:57]
Yeah. Oh okay. I take that back.
[1:09:59]
Especially for conversions. Right? Yep. Alright.
[1:10:02]
Yeah, I agree. It makes sense to list them.
[1:10:05]
My, my only thing is when we list them, if,
[1:10:08]
if we then change the zoning so that some other residential
[1:10:14]
is created, we have to come back here
[1:10:16]
and then add it to the list.
[1:10:17]
So you might say all districts, which allow
[1:10:22]
single family residential uses that way you don't have
[1:10:25]
to come back and revisit it.
[1:10:26]
But that's just, I don't feel strongly about that.
[1:10:28]
It's just, just a suggestion.
[1:10:34]
I mean, as, as long as you guys, you know, when
[1:10:38]
whenever we revise something, you find all the things
[1:10:40]
that are dependencies,
[1:10:45]
that would be fine.
[1:10:47]
So make that change. So all districts which permits single
[1:10:50]
family dwelling units.
[1:10:53]
Yeah, I mean, back to, again, it just means
[1:10:58]
that it's lower maintenance for future revisions,
[1:11:01]
but Okay. Not a big deal.
[1:11:03]
Okay. Anything else?
[1:11:09]
All right, let's move on to general commercial. Oh
[1:11:13]
Actually hold on.
[1:11:14]
I do have one thing. Oh no.
[1:11:15]
If we do end up adding, if we do end up adding the,
[1:11:18]
the separate definition for adult care center.
[1:11:21]
Yeah, that'll, we'll have to modify the types of uses
[1:11:26]
page 'cause it has childcare center
[1:11:28]
and group day care in that list. Oh,
[1:11:31]
You're, you're already onto the next page.
[1:11:33]
Oh, that's okay. I thought this was part
[1:11:35]
of the section we were about to leave
[1:11:36]
When you said Oh, before I I thought you were
[1:11:38]
Yes.
[1:11:39]
I I thought that, I thought we were moving
[1:11:40]
past this to something else. No, no.
[1:11:42]
So I wanna make sure we No, no, you're looking at changes
[1:11:45]
to general commercial, which adds
[1:11:49]
childcare removes daycare,
[1:11:55]
so we should probably add adult care.
[1:11:58]
And then family care. Is family care allowed?
[1:12:02]
No, No,
[1:12:04]
No.
[1:12:05]
Family Family care is not permitted in commercial districts.
[1:12:09]
That's, That's, they wanted to separate those out.
[1:12:13]
So suppose I, I live in a townhouse,
[1:12:18]
in a multiunit residential structure
[1:12:22]
and I want to have a family daycare.
[1:12:27]
Multi-unit residential is allowed in any business district.
[1:12:33]
That's, that's all a change we haven't gotten to yet. But
[1:12:37]
If, if the townhouse was located in the general,
[1:12:42]
in the general commercial, industrial
[1:12:45]
or manufacturing district by state law, family
[1:12:51]
daycare is not permitted.
[1:12:54]
Oh. So they, they they carve that out in the statute.
[1:12:56]
That's, that's why they
[1:12:57]
separated those two out. Okay, great.
[1:12:59]
Alright, we're good. Yep. So we're adding
[1:13:03]
adult daycare here.
[1:13:05]
Child day child care center stays
[1:13:08]
and then, I'm sorry, remind me what we're doing
[1:13:10]
with group daycare that goes well I
[1:13:12]
Thought we, you know, either had child adult care
[1:13:16]
or family care.
[1:13:17]
We had three flavors. Okay.
[1:13:19]
So group daycare probably becomes
[1:13:23]
adult care center. Okay.
[1:13:24]
Alright. I'm thinking.
[1:13:26]
Okay. And then
[1:13:31]
the next biggest change is f all
[1:13:36]
of the other sections
[1:13:37]
for multifamily will re refer back to this section.
[1:13:41]
So this is where we'll want
[1:13:42]
to make sure we capture everything.
[1:13:44]
This will need to be amended
[1:13:46]
because the state guidance says we cannot
[1:13:51]
permit these through a conditional use permit.
[1:13:53]
They're permitted as a matter of, right. So my state, so do
[1:13:57]
I have one without sufficient read on it?
[1:14:03]
You should, because this one includes Shelby approved
[1:14:06]
for a conditional use permit. Right.
[1:14:08]
This, so when I drafted the proposed changes,
[1:14:12]
I did not have the state guidance that reiterated
[1:14:15]
that we can't do conditional use permit.
[1:14:17]
Yeah. So that's, so I'm suggesting changes
[1:14:20]
Wells also because my understanding is
[1:14:22]
it is a use of, right.
[1:14:23]
Yes.
[1:14:28]
I would suggest that f be amended to say,
[1:14:33]
so f would just say multi-family residential uses
[1:14:37]
and then get rid of the rest of the language in
[1:14:41]
that paragraph.
[1:14:43]
And then
[1:14:46]
You've gotta get rid of the whole number.
[1:14:49]
'cause those are the, the, the findings of fact in order
[1:14:52]
to issue a conditional use permit.
[1:14:54]
Right. So I would suggest deleting.
[1:14:59]
So just have it say multi-family residential uses
[1:15:03]
or multi-family residential period in period, get rid
[1:15:07]
of our, our permitted as a blah blah,
[1:15:10]
and then get rid of the rest of that paragraph.
[1:15:13]
And then just start with one, when you're converting it,
[1:15:16]
you get an exemption for your setbacks.
[1:15:19]
We cover our density.
[1:15:22]
We talk about the, we talk about the non-residential
[1:15:27]
use portion and then delete what is currently four
[1:15:30]
and five, talking about applications and appeals.
[1:15:34]
And then so Then adding site, suitability
[1:15:37]
and availability of services.
[1:15:39]
So density, where's is that?
[1:15:42]
We pulled that, that was ex, that was,
[1:15:46]
that was the density we had determined when we put it into
[1:15:48]
industrial two, you can
[1:15:52]
do whatever density you want.
[1:15:57]
Okay.
[1:16:03]
But we're getting rid of
[1:16:05]
three, right?
[1:16:08]
'cause we can't specify that.
[1:16:11]
So, Or we or do you think we can
[1:16:14]
We, in certain districts, you,
[1:16:16]
you can let me find that guidance.
[1:16:19]
I, I'm, I'm having a hard time.
[1:16:21]
If the state says a multifamily
[1:16:24]
residential is a use of, right.
[1:16:26]
That we can say, wow, it's a use of, right.
[1:16:28]
If you have some non-residential in it.
[1:16:30]
I'm, I'm not thinking that works. No, there's,
[1:16:32]
I, I apologize if I'm not understanding here,
[1:16:34]
but it's in 10 79.
[1:16:39]
It not, I'm sorry, not 10 79. 10 10.
[1:16:47]
What does it say, Randy? It says in four,
[1:16:52]
a municipality may require all available ground
[1:16:54]
for floor space
[1:16:56]
or a percentage thereof to be dedicated
[1:16:58]
to retail or similar uses.
[1:17:00]
And that's under the, That's under the state law.
[1:17:03]
That's under the state law.
[1:17:05]
Okay. 10 10. This is, yep.
[1:17:09]
Chapter 3, 1 9, house bill 10 10.
[1:17:11]
And it's on the second page on the top. Yep.
[1:17:15]
So we can Yeah.
[1:17:20]
So we, we can, yeah, we can,
[1:17:22]
we can require the mixed use piece of it.
[1:17:25]
Okay.
[1:17:28]
Interesting. So, so that's a, a use of quasi. Right. Got
[1:17:32]
It.
[1:17:33]
In 10 10, it does specify the ground floor
[1:17:35]
where ours doesn't our
[1:17:38]
Does it say shall, May.
[1:17:41]
May, yeah. And we were, we were trying
[1:17:44]
to be a little bit more flexible,
[1:17:45]
especially when we're converting structures.
[1:17:47]
So, and, and if you look at the next paragraph down,
[1:17:49]
it says the municipality may provide an exemption
[1:17:51]
to any requirements regarding setback, height, blah, blah,
[1:17:54]
blah, of a building being converted to multifamily
[1:17:56]
or mixed use through adaptive reuse.
[1:17:58]
But, but I, I I, I would kind of backtrack on our, oh,
[1:18:02]
the, the 25% can be anywhere in the building
[1:18:04]
that we did previously.
[1:18:06]
'cause it, this is a municipality may require
[1:18:09]
all available ground floor space or a percentage thereof.
[1:18:14]
It doesn't say percentage of the building space. Okay.
[1:18:17]
So I think, I think they've kind
[1:18:18]
of pushed our hand in that regard.
[1:18:31]
So,
[1:18:32]
Well, I think to play devil's advocate, I think on
[1:18:36]
that is yes, we can do that and put it in.
[1:18:41]
But as an adaptive use, it doesn't prohibit us from saying,
[1:18:47]
if an applicant comes to us
[1:18:49]
and says, yes, we understand we have to have, you require us
[1:18:53]
to have a certain percentage.
[1:18:55]
And the state law says ground floor space.
[1:18:57]
But what is
[1:18:58]
to prevent you from letting us do this on the second floor
[1:19:02]
or the third floor there, there's nothing here
[1:19:04]
that says we can't change it.
[1:19:05]
It says,
[1:19:07]
Yeah, If somebody comes in
[1:19:08]
and fights us, we have this to fall back on
[1:19:10]
and say, yes, you have to have a percentage
[1:19:13]
or the whole ground floor.
[1:19:15]
But if you would like to, we will allow you
[1:19:17]
by conditional use whatever to use the second floor or the
[1:19:21]
Third floor.
[1:19:22]
So I, I'm gonna go back to New Hampshire is a di state.
[1:19:25]
The fact that the state statute doesn't say you can't do
[1:19:29]
something doesn't mean you can, you can only do things
[1:19:32]
that they explicitly say you can.
[1:19:42]
I mean, I don't, it, it doesn't matter to me.
[1:19:44]
I was just thinking of, you know, being innovative
[1:19:47]
and like we had talked about when we did
[1:19:50]
our sidewalks downtown.
[1:19:52]
Yeah, I know. And, and I think trying
[1:19:54]
To be more innovative and, and adapted
[1:19:55]
It made sense.
[1:19:56]
But I'm just reading what the Yeah.
[1:19:58]
The statute says and yeah,
[1:19:59]
I'm not arguing with what you say either.
[1:20:01]
And I'm, I don't feel strongly as long
[1:20:03]
as the retail component, retail
[1:20:06]
or commercial component is somewhere in the
[1:20:08]
Building.
[1:20:09]
Well, it's in the zoning ordinance.
[1:20:09]
So if they want to put it somewhere else,
[1:20:11]
they can get a variance.
[1:20:14]
I'm all for trying to clone the state law to minimize our,
[1:20:17]
our, our legal bills.
[1:20:18]
Yeah. I think Mr. Fowler would appreciate that.
[1:20:26]
Okay, so we're gonna change that to mimic
[1:20:29]
and say ground floor, is that?
[1:20:31]
Yeah. Yeah. I I would say 25% of the ground floor, if
[1:20:34]
that's the, the number we want.
[1:20:36]
Okay. I would just limit it to the ground floor.
[1:20:37]
So it kind of matches the state statute.
[1:20:39]
Okay. We,
[1:20:45]
I would suggest that we not change
[1:20:47]
that in the industrial two district, the language there,
[1:20:52]
because we're not required to allow,
[1:20:57]
we're not required to permit multifamily in an industrial
[1:21:01]
or manufacturing district.
[1:21:03]
Well, but industrial two is not really
[1:21:05]
an industrial district.
[1:21:06]
I think the law says you have to allow them in any district
[1:21:10]
that allows commercial or business uses
[1:21:12]
Retailer office.
[1:21:14]
Does it say retailer
[1:21:15]
office? I thought it was more general.
[1:21:18]
Yeah. See if I can find it.
[1:21:26]
Commercially zoned land as defined.
[1:21:29]
I'm looking at the guidance. RSA
[1:21:33]
6 74 43 1 defines multifamily dwelling.
[1:21:36]
Is any structures containing more than two dwelling units,
[1:21:40]
commercially zoned land in 6 74, 79 is land zoned
[1:21:44]
for such commercial activities as retail and office.
[1:21:47]
Where are you reading That? In the,
[1:21:49]
the guidance document.
[1:21:52]
So there, New Hampshire MA is saying that,
[1:21:55]
or BEA is saying that under
[1:21:58]
the definitions in 6 74, 79
[1:22:01]
commercial ac commercially zoned land is
[1:22:04]
land zone for retail.
[1:22:06]
So I, I was reading the front page here where it says
[1:22:11]
RSA 6 74 80 has been significantly amended
[1:22:14]
to expand requirements regarding mixed use
[1:22:18]
and multifamily developments.
[1:22:20]
The current law requires municipalities to permit
[1:22:23]
multifamily residential on commercially zoned land,
[1:22:27]
where an existing building is being repurposed
[1:22:29]
for adaptive use for residential purposes.
[1:22:33]
Municipalities are required
[1:22:34]
to afford exemptions, blah, blah, blah, blah.
[1:22:37]
Law has been primarily amended
[1:22:40]
to limit municipality's authority
[1:22:42]
to regulate multifamily residential development on
[1:22:46]
commercially zoned land
[1:22:49]
and repurposing of existing buildings for adaptive reuse
[1:22:54]
for residential purposes in their ordinances.
[1:22:57]
Yep. So the question is,
[1:23:00]
what is commercially zoned land?
[1:23:02]
That's on page two of the guidance document.
[1:23:05]
Under what you must do
[1:23:16]
Commercially zoned land is defined in 6 3 4 79
[1:23:19]
as land zone for such commercial activities as retail
[1:23:23]
and office spacing.
[1:23:24]
They're gonna, such as,
[1:23:29]
do we allow retail in industrial two?
[1:23:33]
We do. So I'm gonna say that's commercially zoned.
[1:23:36]
Okay.
[1:23:38]
All right. So then we'll have to amend,
[1:23:43]
all right, we'll have to do an amendment
[1:23:44]
to industrial too as well.
[1:23:57]
Okay. Where were we?
[1:24:01]
So we're keeping one, two, and three.
[1:24:05]
Get rid of four and five.
[1:24:07]
Get rid of four and five 'cause we can't have those
[1:24:09]
get rid of G.
[1:24:11]
However, I think you should retain that subsection one
[1:24:15]
and two and add them to that above so
[1:24:19]
that they talk about the site suitability
[1:24:21]
and the availability of the appropriate services.
[1:24:24]
Yeah, I would keep one
[1:24:25]
and two then make g you know,
[1:24:32]
site suitability requirements
[1:24:33]
or some other general topic
[1:24:34]
that would cover the one and two.
[1:24:37]
I don't know. Okay.
[1:24:39]
Leave it up to your editorial discretion.
[1:24:41]
What would be a good title?
[1:24:48]
Or you could make one and two.
[1:24:54]
You know, g and HI don't care.
[1:25:05]
And I think that we need to make it clear in here that
[1:25:08]
we're talking about public sewer
[1:25:12]
or municipal sewer.
[1:25:20]
And that was one thing I wanted to ask the board about.
[1:25:24]
It's, it's the, the, the guidance
[1:25:26]
and the law was clear that it needed, you needed to have
[1:25:30]
that, that the, the town
[1:25:34]
could deny an application if there was not
[1:25:37]
public sewer available.
[1:25:40]
So my question and then I guess it would kind
[1:25:44]
of depend on how we interpret the law.
[1:25:46]
So it says you can deny it if they don't have public sewer.
[1:25:50]
We have commercial zones
[1:25:53]
where we do not have public sewer available yet.
[1:25:57]
So that includes the GC district out near the Atkinson
[1:26:01]
Townline where LaBelle is located.
[1:26:04]
It includes a portion of GC three near the Robert Frost farm
[1:26:08]
because sewer stops at Berry
[1:26:11]
and then our entire GC four district, Ryans Hill South
[1:26:15]
does not have sewer available.
[1:26:18]
So,
[1:26:20]
So one of the other things is in
[1:26:24]
that if there is no public water and or sewer
[1:26:29]
and the developer's willing to extend to provide it,
[1:26:32]
then you have to let that be okay.
[1:26:35]
Correct? Correct. But if someone wanted to develop,
[1:26:37]
if someone wanted
[1:26:38]
to put in a multifamily development on Ryan's Hill,
[1:26:42]
let's say south, you know, a little bit more south,
[1:26:46]
like say south of Fody,
[1:26:50]
they're not by right.
[1:26:52]
They're allowed to do multifamily,
[1:26:54]
but they are not going to run the, they're not gonna pay
[1:26:57]
to have the sewer come all the way down 28 from Berry.
[1:27:01]
So I guess what I'm asking is, do we want
[1:27:05]
to contemplate if they can make the, if they can make
[1:27:10]
septics work for it, is that something we want
[1:27:12]
to contemplate or do we wanna just say, Nope, sorry.
[1:27:16]
State law says if you don't have public sewer,
[1:27:19]
you're, that's where you're at.
[1:27:23]
Lemme sort of free associate here.
[1:27:24]
I'm, I'm thinking that in most commercial districts,
[1:27:29]
the maintenance of private septic systems is
[1:27:35]
gonna be the responsibility of who the the owner,
[1:27:39]
the building owner what, whatever.
[1:27:40]
It's a multiple tenant building. Yeah.
[1:27:45]
I don't know what, what are,
[1:27:47]
I'm just, I'm just throwing it out there for contemplation
[1:27:50]
Specifically. Any thoughts on this?
[1:27:51]
Specifically for Ryan's Hill? I thought sewer was already
[1:27:53]
in the works of being expanded to Ryans Hill and beyond.
[1:27:56]
That is gonna be years
[1:27:57]
before we, we've got the funding to do the, the design,
[1:28:01]
like the engineering design.
[1:28:02]
That's what we have money for right now.
[1:28:04]
And then we'll put that out to bid.
[1:28:05]
But it's gonna be years before it gets that far down.
[1:28:10]
Yeah. My feeling is we,
[1:28:13]
we have a housing shortage in New Hampshire.
[1:28:16]
We, we should be allowing multifamily on septic
[1:28:21]
if, if there's adequate space for it.
[1:28:24]
I I don't think it makes sense to require
[1:28:27]
public sewer when public sewer's not available.
[1:28:36]
So yeah, I think the key word is
[1:28:42]
if, if if there's space on the, the parcel to, to do a,
[1:28:46]
a compliant subject is on given, you know,
[1:28:50]
where the, the general court, especially the,
[1:28:56]
the housing board, the housing committee
[1:28:58]
and the house was, was gone with that.
[1:29:01]
We might be getting ahead of the curve if, if we do that.
[1:29:05]
'cause that may be coming next.
[1:29:08]
Yeah. So
[1:29:13]
now I'm gonna do devil's.
[1:29:14]
I agree with, I agree
[1:29:16]
with your statement, that's why I brought it up.
[1:29:17]
So I'm gonna do devil's advocate on like the
[1:29:21]
economic development side of it.
[1:29:23]
We have very little commercially zoned land left
[1:29:29]
if we're only requiring 25% of the building to have
[1:29:35]
some sort of commercially use use.
[1:29:41]
I wonder, I guess I don't wanna see all of,
[1:29:49]
all of our commercially zoned land in areas that
[1:29:53]
we are looking forward to redevelopment once we have water
[1:29:57]
and sewer available to be all a
[1:30:02]
mixed use like all apartments.
[1:30:04]
Well, so I'm like, I'm like trying to, I'm like
[1:30:07]
What is our, might wanna get some, what does
[1:30:08]
Our master plan say?
[1:30:09]
We might need legal advice on that. Yeah.
[1:30:13]
My reading of the tea leaves is
[1:30:16]
that the general court doesn't care about our tax base.
[1:30:20]
They're way more concerned about housing people.
[1:30:23]
Okay. And, and is it,
[1:30:25]
but are we, are we permitted to do something that's contrary
[1:30:29]
to our master plan if our master plan envisioned that as a,
[1:30:33]
or has that set out as a different use or whatever?
[1:30:40]
Let me answer that differently. Okay.
[1:30:43]
If the master, if, if complying
[1:30:44]
with a master plan requires us to violate state law, we need
[1:30:48]
to violate the master plan.
[1:30:49]
Correct? I, I, I agree. Okay.
[1:30:51]
I just wanna like make sure we line up all of our ducks.
[1:30:54]
Okay. Okay.
[1:30:57]
Now Should we
[1:31:02]
increase the amount of commercial space we're
[1:31:05]
requiring on the ground floor?
[1:31:08]
The 'cause we said 25% of the entire structure and then
[1:31:13]
because we realized we, we possibly can't do that.
[1:31:16]
We're saying 25% of the ground floor. Yep.
[1:31:19]
May maybe we should up it to 50% of the ground floor.
[1:31:24]
33%. I don't know.
[1:31:28]
Well, state law allows us to a hundred percent
[1:31:29]
of ground floor if we want.
[1:31:31]
I don't personally want
[1:31:33]
to do a hundred percent of the ground floor.
[1:31:35]
Is there, if we're concerned about using up all the
[1:31:38]
commercial zoned area, maybe we, we differentiate between,
[1:31:43]
you know, if it's in one
[1:31:44]
of those areas we're concerned about overdeveloping into
[1:31:47]
apartments, maybe in those areas it has to be 100%
[1:31:50]
of the bottom floor or a higher number of some sort.
[1:31:55]
Well, I mean we do have a number of zones
[1:31:58]
that fall under the general definition
[1:32:01]
of commercially zoned.
[1:32:03]
And I think we could have differing percentages for
[1:32:08]
those different districts, I think.
[1:32:12]
Yep, we could. So this is for,
[1:32:15]
we're we're talking about general commercial right now.
[1:32:18]
So general commercial district currently is Crystal Ave
[1:32:23]
mostly developed.
[1:32:25]
There's a couple of places if someone wanted
[1:32:28]
to, they could add this.
[1:32:31]
Then the other remaining portion of general commercial is
[1:32:34]
that small section.
[1:32:36]
That is where LaBelle Winery is.
[1:32:40]
There's a very, there's a small section.
[1:32:42]
It kind of hits that, you know, 14,
[1:32:46]
16 route one 11 area.
[1:32:48]
Well de depending on the density that can be obtained,
[1:32:55]
I think we have to also envision the possibility of
[1:33:00]
redevelopment to tear down and,
[1:33:02]
and building a high rise in an existing commercial,
[1:33:07]
general commercial district.
[1:33:08]
Especially if, if there's a, a property
[1:33:11]
that isn't performing or is kind of
[1:33:14]
slightly less valuable than others.
[1:33:16]
So when we, when we say, oh, all the lions built, yeah,
[1:33:20]
it can be rebuilt if, if the economics work
[1:33:23]
True.
[1:33:24]
Yeah.
[1:33:31]
So for gc, what do we want to change?
[1:33:34]
Do we wanna change the percentage?
[1:33:42]
Again, I've seen in the past where we come up with
[1:33:49]
aspirational things to, you know, protect our,
[1:33:53]
our ability to grow the tax base.
[1:33:55]
Right. But no one wants to use them.
[1:34:00]
We do say a minimum.
[1:34:02]
So I mean someone could come in
[1:34:03]
and say, well I'm gonna put a restaurant,
[1:34:05]
which is, you know Yeah.
[1:34:07]
The entire ground floor with apartments above.
[1:34:13]
So I do understand that the town has
[1:34:18]
a parochial interest in maintaining our ability
[1:34:22]
to expand our commercial tax base.
[1:34:26]
'cause property taxes are expensive everywhere.
[1:34:33]
We just need to be careful that we don't put in requirements
[1:34:36]
that cause developers to have a lot
[1:34:39]
of unrented space going begging.
[1:34:42]
And that's kind of like predicting
[1:34:44]
where the market's going in future years,
[1:34:46]
which is I don't have a crystal ball.
[1:34:48]
Yeah.
[1:34:50]
Okay. So I don't know what this is gonna,
[1:34:54]
this is gonna be a judgment call.
[1:34:56]
I don't know that we have, I mean,
[1:34:58]
unless we, you know, Brian's not here.
[1:35:01]
Where's Brian? He's our, he's our realtor.
[1:35:03]
You could tell us, right? Yeah.
[1:35:05]
But, but, but by my opinion is I've seen a lot of
[1:35:10]
storefronts, you know, with
[1:35:11]
for lease signs on them recently.
[1:35:15]
Yeah. I I think a small minimum gets a
[1:35:19]
foothold in there for commercial.
[1:35:20]
And I, I would much rather have an apartment than
[1:35:23]
a empty storefront.
[1:35:27]
Do we wanna just leave it for now
[1:35:29]
and we can highlight it for the next workshop?
[1:35:32]
We can do that. We could, we could
[1:35:33]
kick the can down the road.
[1:35:34]
Yep. 'cause I'm sure this will not be the last workshop.
[1:35:38]
No, no, No.
[1:35:40]
So, alright. We can, we can do that. All right.
[1:35:45]
So we will do that. And then so GC two,
[1:35:48]
the general commercial two district, which is
[1:35:53]
that is, that is our,
[1:35:57]
that's the Shanita road district.
[1:36:00]
So Shanita Road and then it goes north up the bypass
[1:36:03]
and stops right at the cell tower.
[1:36:08]
So, and that was intended to be more
[1:36:11]
of a medical area.
[1:36:15]
So in this one we mimic the requirements
[1:36:19]
that are in the general commercial district
[1:36:21]
and we also add childcare center since we need
[1:36:24]
to permit those in commercial zones.
[1:36:29]
Anyone have any issues with that?
[1:36:32]
Okay. Seems
[1:36:34]
Reasonable to me.
[1:36:35]
Okay. GC three, same changes.
[1:36:40]
GC three is the area right around the Robert Frost Farm,
[1:36:51]
which that one actually gives me angst if the state ever
[1:36:54]
decided to sell property, I'm like, oh,
[1:36:56]
multifamily right next to the farm. But
[1:37:00]
Yeah, I mean, as written
[1:37:05]
you six may come into conflict with a purpose about Yes.
[1:37:10]
Size, height, and architecture.
[1:37:14]
So in, perhaps we come up with our own like a, a different
[1:37:19]
density and maybe
[1:37:24]
this district, because it's so special,
[1:37:26]
might need a different density requirement in an
[1:37:30]
retaining maybe the 25 minimum 25% of commercial.
[1:37:35]
But,
[1:37:39]
Well, I mean, on the face of it,
[1:37:43]
making it a general commercial three
[1:37:45]
and then trying to protect protect the historic neighborhood
[1:37:49]
is kind of oxymoronic.
[1:37:51]
It is. I know.
[1:37:53]
And I, I will tell you that from, you know, case law,
[1:37:56]
you cannot enforce purposes
[1:38:00]
unless there's specific requirements that
[1:38:03]
You have to have a purpose though
[1:38:05]
hooks it lost. You have to have
[1:38:06]
A purpose.
[1:38:07]
But the purpose is not sufficient to limit what goes in,
[1:38:18]
I guess I would not like
[1:38:19]
to see a big apartment building right next
[1:38:21]
to the Robert Foster Farm.
[1:38:23]
But how would we deal with that?
[1:38:32]
Change the density requirement
[1:38:40]
And something is going into
[1:38:41]
that Robert Frost Farm eventually
[1:38:43]
You mean this, you think the
[1:38:44]
state's gonna sell the property?
[1:38:47]
The, the land that abuts the Robert Frost farm, between
[1:38:52]
that and the trailer park where I'm talking, coming down
[1:38:55]
to the dead proof of the old clam haven,
[1:38:59]
something will be in there eventually.
[1:39:03]
So where the Robert Frost farm is, is if you were to go,
[1:39:06]
Oh, that's West Running Brook though.
[1:39:07]
Okay. So that empty lot,
[1:39:09]
the Smith lot is the West Running Brook district.
[1:39:13]
So the GC three starts after that.
[1:39:16]
After that. Okay.
[1:39:24]
Yeah, I'm gonna guess that West Running Brook,
[1:39:28]
because of its allowed uses is probably also
[1:39:30]
considered commercially zoned.
[1:39:36]
We do permit multifamily in there. So with it's zoned.
[1:39:38]
Yep. So that's already, we're
[1:39:40]
Good there.
[1:39:41]
I don't know, maybe we can put a, a pin in this
[1:39:43]
because Okay.
[1:39:45]
If we really wanna have a buffer of
[1:39:51]
neighborhood compatibility around that property,
[1:39:55]
we're gonna have to do something more than we've got here.
[1:39:58]
I think we've just been lucky. I mean, high love Brook
[1:40:02]
waiting facilities just down the road for that.
[1:40:04]
And that's very nice and it sit back,
[1:40:07]
but it, Mr.
[1:40:11]
Ey says at some point something's going to come before us.
[1:40:15]
We have a very limited list of permitted uses in
[1:40:18]
that district, which helps.
[1:40:25]
So maybe we would need to put
[1:40:27]
a different density restriction on,
[1:40:30]
on the multifamily use in that district.
[1:40:33]
Yeah, there's that.
[1:40:34]
And then I'm also, as I'm looking at,
[1:40:39]
as I'm looking at the list of permitted uses,
[1:40:41]
we're talking about, we're, we're talking about like
[1:40:46]
5,000 gross square feet
[1:40:50]
or 2,500, you know, 5,000.
[1:40:54]
Like we, we, we put
[1:40:57]
square foot limits on our uses.
[1:41:00]
So if, if I want to build a multi-family there
[1:41:05]
and I wanna put in a retail store,
[1:41:12]
the ordinance in this section says my retail store has
[1:41:15]
to be 5,000 square feet, which defeats the purpose
[1:41:18]
of not having a huge multifamily.
[1:41:21]
So we may, you know,
[1:41:23]
this the general commercial three district, we,
[1:41:26]
we may wanna take a look at that
[1:41:29]
and look at, like, look at that
[1:41:32]
as a whole and
[1:41:38]
Amend it.
[1:41:39]
Well I'll, I'll be honest with you,
[1:41:41]
I haven't really given this a look,
[1:41:42]
but reading the permitted uses
[1:41:44]
and reading the purpose, they are repeat it oxymoronic.
[1:41:50]
So we gotta change one or the other.
[1:41:52]
Yeah. So let's,
[1:41:54]
I'm just gonna highlight this whole section
[1:41:56]
and maybe we can, we can come back to this.
[1:42:08]
Okay. Okay.
[1:42:09]
And then GC four were the same changes that we made
[1:42:13]
for general commercial and GC two.
[1:42:17]
So where is GC four General commercial four starts?
[1:42:23]
I think It's, it's that just south? No, no,
[1:42:25]
I, I, I geographically where Is that? I'm so sorry.
[1:42:28]
Oh yeah, so it's, it's south of
[1:42:33]
it starts just below, I wanna say it's
[1:42:38]
FO and GC four.
[1:42:39]
That's, I was Wondering too.
[1:42:40]
I should have brought in my laptop with a GIS
[1:42:42]
so we can project it,
[1:42:44]
Put it up.
[1:42:45]
So yeah, so it runs as you're looking at the,
[1:42:50]
as you're looking at like the zoning map, it starts at,
[1:42:54]
I don't know the exact spot,
[1:42:55]
but it starts like right in the general area of like fody
[1:42:59]
and it runs, it's the rest of it
[1:43:01]
and it runs all the way to the townline.
[1:43:03]
Can you bring up the founds website GS and find out
[1:43:07]
For us maybe the zoning, the zoning map.
[1:43:09]
You can find it on the, if you go
[1:43:11]
to the planning board page under forms and
[1:43:14]
or ordinances, it should be a link right there.
[1:43:17]
Thanks. Thank you.
[1:43:19]
So are you saying from fody down to ACE Paving
[1:43:23]
and Vincent's Auto Sale all the way down to
[1:43:25]
The town? That's all the way down to the,
[1:43:26]
That's all g that's all this GC four.
[1:43:30]
Yep. It goes right to the town
[1:43:31]
Line.
[1:43:32]
It's not GC two or any of that stuff? No,
[1:43:34]
It's GC four.
[1:43:35]
Okay, Well that's pretty
[1:43:39]
diverse and pretty businesslike.
[1:43:41]
It is.
[1:43:53]
I guess I don't have a a,
[1:43:55]
So if an assisted living place were
[1:43:58]
to go in across the street from Legis, hypothetically,
[1:44:03]
if an assisted living place was
[1:44:04]
to go in across the street from ACEs paving,
[1:44:08]
which is Vincent's, which was one of those car places,
[1:44:13]
how would the septic and water,
[1:44:17]
They would have to, they would have to, they'd have
[1:44:19]
to make the septic work.
[1:44:21]
We have waters available.
[1:44:22]
They'd have to bring it under, under 28 across the street.
[1:44:27]
'cause water's on water's on the
[1:44:30]
West Side.
[1:44:31]
West side, yeah. Okay.
[1:44:34]
I was just curious. Well, and,
[1:44:35]
and I, I think that's why in the long term capital
[1:44:37]
improvement plan, you know, sewers going down there
[1:44:39]
because there is any limitation on
[1:44:42]
what folks will build based on availability
[1:44:46]
of those utilities.
[1:44:49]
So just because you haven't allowed use
[1:44:51]
doesn't mean anyone's gonna build something
[1:44:54]
until economic sense.
[1:44:57]
And that may mean town silver.
[1:45:01]
Yeah.
[1:45:06]
So unless anyone thinks that
[1:45:09]
allowing those developments in there, assuming that anyone
[1:45:13]
could make that work is, is a bad thing,
[1:45:16]
then I don't see a, I don't see a problem.
[1:45:21]
Okay.
[1:45:23]
Okay. On to OBD
[1:45:26]
And then,
[1:45:31]
so office, business district,
[1:45:35]
what we did, oh, there we go.
[1:45:37]
Oh, here's our map. So,
[1:45:42]
so the, the red section is, the
[1:45:51]
Red section is the fairways. Fairways,
[1:45:53]
Yeah.
[1:45:54]
So that's West running Brook.
[1:45:55]
And then, and then, so the,
[1:45:58]
the red section's west running Brook.
[1:46:01]
And then we go to,
[1:46:07]
Oh, the, the tan stuff south of the red section is west
[1:46:11]
Running Brook is west running Brook.
[1:46:12]
Okay. And then the orange is oranges is
[1:46:16]
GC Three, GC three, and then the pink is GC four.
[1:46:19]
So it starts at GC four,
[1:46:23]
Lawrence Road goes south.
[1:46:29]
Is OBD like Shani?
[1:46:31]
No. So, so we're looking at that pink section
[1:46:34]
that's GC four
[1:46:36]
and I think that is, that looks like Lawrence Road.
[1:46:39]
Yeah, it is. Yeah. Well I think we moved on
[1:46:42]
to, okay. OBD.
[1:46:44]
Okay. So OBD office business district is on the London
[1:46:49]
dairy town line on West Broadway.
[1:46:57]
So you're talking about, no, yeah,
[1:47:00]
scroll up just a little bit Owen
[1:47:05]
up a little bit more
[1:47:11]
and it, oh, sorry.
[1:47:12]
No, you're right. So yeah, go up just a little bit more. Be
[1:47:15]
That white Area.
[1:47:16]
Yeah. OBD is that whitish color?
[1:47:17]
Oh yeah, right along the street. Yep. Yeah. Yep.
[1:47:22]
Okay. Got it.
[1:47:29]
So currently in the OBD multifamily dwellings are
[1:47:33]
permitted as per the section 1 65 49 B
[1:47:38]
one, which is the TBOD.
[1:47:40]
The TBOD allows 45 units an acre.
[1:47:43]
I was thinking the board
[1:47:48]
didn't wanna refer back to the TBOD
[1:47:53]
when we had originally done the zoning for the OBD,
[1:47:57]
the density requirement was much less in the TBOD.
[1:48:12]
All right. Anything else on OBD?
[1:48:15]
Okay, So neighborhood commercial,
[1:48:17]
that's the one we fairly recently created.
[1:48:19]
Yeah. And we tried to make sure that everything
[1:48:22]
that goes in there is kind of like a bed and breakfast
[1:48:24]
and has a a, a residential look to it, at least on,
[1:48:29]
on the one side of the street.
[1:48:31]
So I, I think you will need to
[1:48:37]
make it subject to the dimensional requirements
[1:48:40]
in subsection C.
[1:48:47]
So we have those and then
[1:49:02]
The red is MFR.
[1:49:04]
Hmm. The red is MFR
[1:49:06]
49.
[1:49:08]
And I, I think there's,
[1:49:09]
unless there's tear downs, there's not a lot of
[1:49:13]
new bill opportunity in that district.
[1:49:15]
Right?
[1:49:17]
I don't think. Yeah, I don't think so.
[1:49:20]
It wouldn't be a lot.
[1:49:24]
Okay. Fairways, that's MFR
[1:49:31]
on page one 17.
[1:49:47]
And so it's five Shanita Road,
[1:49:59]
huh?
[1:50:05]
Right. But we were looking at the red on the map.
[1:50:07]
Oh, okay. All right. Sorry. Okay. Okay.
[1:50:14]
Are we on to,
[1:50:16]
We're trying to figure out what
[1:50:17]
you, what you guys are doing.
[1:50:18]
Oh yeah, no, we were, we, were we looking at
[1:50:22]
where we were on the zoning map and I got confused
[1:50:26]
and thought he was, I got confused.
[1:50:29]
So it's after eight 30.
[1:50:31]
Alright, so we're, are we moving on
[1:50:33]
to industrial two now please?
[1:50:36]
Alright. Yep. So that one we're gonna have to get rid
[1:50:39]
of under H subsection one.
[1:50:44]
And then I think we could just renumber that as,
[1:50:49]
so two would become one, three would become two,
[1:50:54]
and then four would become three.
[1:50:59]
And then I guess if we, if we wanted,
[1:51:03]
do we wanna make the same change there
[1:51:05]
and say it has to be on the first floor?
[1:51:09]
Yeah, I think we could mirror this. Okay.
[1:51:14]
The other place we had a conditional use permit
[1:51:15]
and we just got rid of it.
[1:51:17]
Okay. And then we would get rid
[1:51:22]
of five and six.
[1:51:24]
Yep. Okay.
[1:51:27]
And then for the rest of the changes,
[1:51:34]
medium high density residential two,
[1:51:38]
we'd add in the innovative housing structures
[1:51:41]
because we permit single family detached dwellings.
[1:51:44]
Okay. The same is for medium density residential.
[1:51:48]
Yep. And also low medium density residential
[1:51:53]
and low density residential.
[1:51:58]
Okay. And
[1:51:59]
Then that make sense to everyone?
[1:52:01]
Yeah. Is that good? Yeah.
[1:52:04]
This last section changes to the powers
[1:52:07]
of the zoning board of adjustment.
[1:52:09]
I will be completely honest, these came out of
[1:52:11]
that house bill 2 44
[1:52:14]
and there's a whole section towards the back of that.
[1:52:17]
I don't understand what the state is trying to do.
[1:52:21]
Bless you. Thank you. I'd like to hold off on this
[1:52:25]
until we get a little bit more guidance.
[1:52:29]
I,
[1:52:30]
Yeah, Yeah.
[1:52:32]
I think,
[1:52:33]
Oh my god, this is a big, I
[1:52:35]
Think what they're trying to say is
[1:52:36]
6 74 13.
[1:52:37]
That, that's, that, that's an, a new one.
[1:52:41]
I won't find it in the book.
[1:52:42]
Yeah, yeah. So what I think they're trying to say is
[1:52:45]
that when you have, it's, it's related
[1:52:48]
to the change last year when you have
[1:52:54]
like, they're roads that are not on the pub,
[1:52:56]
on the official map of the town.
[1:52:58]
So they're not roads that are accepted by the town of Derry.
[1:53:02]
So when it, I think it relates to how,
[1:53:06]
how you can permit structures.
[1:53:11]
So if you have, have a lot
[1:53:16]
that doesn't have access on a town road,
[1:53:18]
and maybe it's a big lot
[1:53:20]
and you, you wanna like build out in the middle of nowhere.
[1:53:25]
I mean it doesn't really apply to us as much
[1:53:27]
because we don't have a lot of
[1:53:29]
Large track.
[1:53:30]
Is this, is this related to like building on
[1:53:34]
Yeah. Like the
[1:53:35]
Dead end roads and things Discontinued,
[1:53:37]
not the dead end ones.
[1:53:38]
Those take that, that's a different one
[1:53:40]
that takes effect next year.
[1:53:42]
We didn't touch that yet.
[1:53:44]
The this is, these are roads
[1:53:46]
that are not on the official town map
[1:53:49]
and how if the building official denies a permit,
[1:53:54]
the zoning board can under the, how I read it
[1:53:59]
and, and I need to get clarification, I understood it to say
[1:54:03]
that the zoning board upon appeal could issue the building
[1:54:06]
or grant permission to issue the building permit if,
[1:54:11]
if the structure
[1:54:15]
was placed a certain way.
[1:54:17]
I don't under it's very confusing language.
[1:54:20]
Well, so there is an existing
[1:54:27]
6 74 13
[1:54:32]
and it starts on page 4 0 7,
[1:54:37]
goes on to 4 0 8 in the book.
[1:54:40]
And it does say,
[1:54:45]
where do I wanna start?
[1:54:48]
I shall have further power in specific cases by a vote
[1:54:53]
of the majority of its members upon appeal filed to it
[1:54:57]
by the owner of any such land to grant a permit
[1:55:01]
based on considerations of justice and equity for a building
[1:55:05]
or structure on
[1:55:06]
or part thereof in a map, in a map street location
[1:55:12]
shown on the official map.
[1:55:15]
In any case in which the Board
[1:55:18]
of Adjustment finds upon evide the evidence
[1:55:21]
and arguments presented to it upon appeal, A,
[1:55:25]
that the property of the appellant, which
[1:55:30]
such map street location forms a part of,
[1:55:33]
will not yield a reasonable return to the owner
[1:55:35]
unless the permit is granted.
[1:55:37]
Or b, that balancing the interest
[1:55:39]
of the municipality in preserving the integrity
[1:55:41]
of the official map and not increasing to greatly the cost
[1:55:46]
of later opening such a street and the interest of the owner
[1:55:49]
and the use of and benefits of the owner's property.
[1:55:52]
The grant of such permit is required
[1:55:54]
by considerations of justice and equity.
[1:55:56]
So it it sounds like it's following that. Yep.
[1:55:59]
Now the language there is a little obtuse
[1:56:01]
It, it it is and I was not sure how to word this
[1:56:06]
and I'm, I'm almost,
[1:56:11]
I'm almost tempted
[1:56:12]
because it's, it's a, it's a power
[1:56:14]
that's granted in the RSA Do we have to do we have
[1:56:17]
to specify it in in our zoning ordinance?
[1:56:20]
No, Thank you.
[1:56:22]
I mean, otherwise the don,
[1:56:23]
we'd have to add everything in here.
[1:56:24]
Yeah. So can we, we can just not amend that section.
[1:56:27]
I, I'm, I I would say yeah, thank you that way that
[1:56:32]
if, I like that the zoning ordinance, I like that a lot.
[1:56:34]
The zoning board wants to interpret this good look
[1:56:37]
and God speed.
[1:56:39]
Thank you. That totally makes my night. I can't even begin
[1:56:42]
To see you.
[1:56:43]
Anything else disagree? Okay,
[1:56:46]
Cool.
[1:56:47]
Alright.
[1:56:49]
So is that it for things that we think we need to change
[1:56:52]
For now?
[1:56:53]
For now, for now, for now.
[1:56:54]
There there was the change
[1:56:56]
that will be coming up in effective in 2027.
[1:56:59]
I don't think we need to address it right at the moment
[1:57:02]
that talks about, we can't put a, we can't
[1:57:07]
put a cap on how long a dead end street will be
[1:57:11]
and we can't, I think it's,
[1:57:16]
we can't say you can only have X number
[1:57:19]
of houses on a street.
[1:57:20]
So there's, there's things like that Okay.
[1:57:22]
That we can, that will be addressed in the LDCR
[1:57:25]
and we can take care of
[1:57:26]
that maybe once we're done with this.
[1:57:30]
Okay. It's a July, July 1 27 effective date.
[1:57:35]
Okay. And, and some of these are already in effect,
[1:57:36]
so we're kind of playing catch up.
[1:57:38]
Much of these are, much of these are in effect.
[1:57:40]
Okay. Yeah. Alright.
[1:57:43]
Well I thank everyone for, you know,
[1:57:46]
pitching in and being interactive and helping.
[1:57:51]
I think we've got a good first review.
[1:57:54]
Any other closing comments?
[1:58:00]
Okay, so going back to our
[1:58:05]
agenda, do we have any board member comments?
[1:58:07]
I Can. I fish for a motion to adjourn. So moved.
[1:58:12]
Second. Moved by a second to adjourn.
[1:58:16]
All those and chair say aye. Aye. Aye.
[1:58:18]
Please stand adjourned.