[0:00] September 16th, 2026. [0:03] We start our meetings with the Pledge of Allegiance. [0:05] If you would rise and join me, [0:10] I pledge allegiance to the flag [0:13] of United States of America [0:14] and to the Republic for one Nation under our [0:19] indigenous justice for role. [0:32] So we'll start with some administrivia. [0:36] The playing board continues to allow remote participation. [0:43] If we have remote members, [0:45] we will do vote roll call votes for the public. [0:48] To attend the meeting, you go to www.zoom.us. [0:54] Enter your meeting ID [0:55] seven five four six six three nine one two. [1:00] You may also call in by phone for audio only. [1:03] You may call area code (646) 558-8656. [1:08] Same meeting ID 7 5 4 6 6 3 9 1 2. [1:14] If you are experiencing technical difficulties, please [1:18] call our local number here in the room. [1:20] 6 0 3 8 4 5 5 5 8 5. [1:25] If you are on the phone and wish to speak, toggle star nine [1:29] to raise your hand and then toggle star six [1:32] to unmute yourself Once you have been recognized, [1:36] I will introduce the members [1:37] and staff who are present this evening. [1:39] 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 [2:57] 0 2 7 8 1 3 8 issued by Berkeley [3:02] Insurance Company in the amount [3:03] of $262,928 81 cents. [3:07] For the above noted project. [3:09] There will be no expiration date on the bond. [3:11] 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. [3:44] The escrow type was cash, escrow [3:46] property location was five Mount Pleasant Street. [3:49] The request is to approve a final release [3:51] of cash escrow in the amount of $22,885. [3:55] For the above noted project, the amount to retain is zero. [3:59] 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 [4:24] move on to the minutes of September 2nd. [4:27] Has everyone had a chance to review them? [4:30] Are there any errors or omissions? [4:35] Motion to approve the minutes as written. [4:37] Second. Motion by ee, seconded by Pier [4:40] 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 [5:07] 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 [5:20] 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. [5:58] 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 [6:25] will be next Thursday the 24th at Bevan in London Dairy [6:31] 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. [6:51] 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. [7:38] We should look at each section of law. [7:41] And you know, the NHMA legal staff has said, [7:46] well, what must you do? [7:48] What can you do and what you must not do? [7:51] 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? [8:33] '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 [8:55] 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. [9:09] 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 [10:37] and then a separate childcare since we have a separate [10:40] childcare, why don't we simply have a separate adult daycare [10:44] and that way one's not kind [10:46] 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 [11:11] to have the group daycare that includes child and adult [11:15] 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, [12:41] which are like the one on Shanita Road [12:45] and then there's the family child centers, [12:48] 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.