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[4:50] - I like to welcome to the exit planning board meeting

[4:53] of Thursday, September 24th, 2026 at 7:00 PM

[4:58] in the NOAC room of the town office building

[5:00] located 10 Front Street exit New Hampshire.

[5:03] To consider the following,

[5:04] however, we will first start off by introducing the board

[5:08] and I'm Langdon Plummer, the chair of the board.

[5:11] And Aaron Brown, left Vice Chair Quinn, English regular

[5:15] - Member, Nancy Bees, select Board Representative

[5:18] - Dean Hubbard. Alternate.

[5:20] - Elaine Hayes. Alternate. - Jen Marel.

[5:23] - Marty Kennedy. - Ryan Kelly, alternate.

[5:27] - Okay, I'm gonna start off

[5:29] with a little board business this evening.

[5:32] And John is not with us this evening.

[5:36] He has medical issues he's dealing with

[5:40] and he's very interested in

[5:41] continuing his service on the board.

[5:44] So there's three options here. This is for board discussion.

[5:48] I'll tell you what I'm talking about and we can discuss it

[5:51] and even agree or disagree.

[5:54] One would be a leave of absence that's not allowed in, in,

[5:58] in that town of Exeter.

[6:00] That also applies to the select board is likely.

[6:04] So that's not an option really.

[6:06] A second would be have Dean our most

[6:11] experienced alternate sit in

[6:14] and while he, while John takes the place of the alternate.

[6:18] That would require, as I understand from Dave, that

[6:22] that would require a board, the chairperson's,

[6:27] excuse me, the select select board.

[6:30] Thank you. Action.

[6:35] The third option is that I would

[6:40] Have an appointment person be appointed an alternate

[6:43] appointed while he's absent.

[6:46] So he'd be appointed in his absence.

[6:49] I would try to keep in, in that process.

[6:53] I'm not sure just how it's gonna work out,

[6:55] but have, if I have an alternate on case 3, 8, 6, whatever,

[7:00] I'd like to try to keep them on there.

[7:02] But I also wanna work by alternating my alternates.

[7:06] So here that's, at any rate, I think, I think

[7:09] that's the best option.

[7:11] I think it's a smoothest option to allow us to go ahead and,

[7:14] and continue our business in that fashion.

[7:17] So, any comments, discussion, thoughts?

[7:22] Am I right, wrong or otherwise?

[7:25] - So just to clarify, the option

[7:26] that you're suggesting is basically at every meeting

[7:30] - I appoint - You are appointing and all similar.

[7:32] That's kind of what we do.

[7:33] - Yep. - Just continuing staying the course. Yep.

[7:36] Yeah, that seems to make sense. Versus

[7:38] - Dean just being the standard full-time member.

[7:42] - Excuse me. - Versus Dean being

[7:43] the full-time member all the time

[7:46] - Until, until John comes back. Yeah.

[7:48] - Just wanted - To clarify. I don't want

[7:50] the other A to sit here.

[7:51] Who knows? I mean, time will tell.

[7:55] - So out of curiosity, - History's a great teacher.

[7:57] - Could it be that you temporarily assign, you know,

[8:01] just like we do normally an alternate to fill in,

[8:04] but then have the select four,

[8:05] just if there's not knowing what's going on with John,

[8:10] not wanting to ask those questions.

[8:12] But could the select board,

[8:14] because if it would require the select board, it would have

[8:17] to be at the next select board meeting.

[8:19] But could Dean, if he were willing to do so, have a

[8:24] permanent position till John came back as opposed to

[8:28] rotating people through?

[8:30] That's an option. That's an option.

[8:31] Just we would still be rotating

[8:33] alternates for other positions.

[8:35] But for that position,

[8:37] maybe having somebody

[8:39] solidly in there. Do you follow what I'm saying?

[8:42] - Yeah, that's option two. Two.

[8:45] - Right. But then with the idea that

[8:48] tonight you just are gonna appoint Dean,

[8:51] probably, or maybe not.

[8:53] - Well, I kind like my plan

[8:55] because it keeps all of you alternates.

[8:57] Okay. Alternating,

[8:59] - Okay.

[9:00] - If that makes any sense in the world of planning board. So

[9:05] - Yeah. Okay.

[9:06] - Alright. That's, that's how we'll proceed. Thank you.

[9:09] Next we have some minutes to approve August

[9:15] oh, 27th

[9:22] and then the 10th of September.

[9:25] Any comments on, on the minutes of August 27th?

[9:32] - I have, I think I have two. Okay.

[9:34] One on page four,

[9:38] line 1 67.

[9:43] I, I think this, this is,

[9:44] this whole paragraph is attorney LTA was

[9:47] kinda explaining his position.

[9:49] It says here that he said if there is to be a restaurant,

[9:53] they would need to come back.

[9:54] That's not what he said.

[9:56] He, what he said was, if, if there was a change in use,

[10:00] they would need to come back.

[10:08] - Be a change of use. Yes. Right.

[10:17] Okay.

[10:18] - One, one other. On page seven,

[10:21] - Page seven, - Line 2 81.

[10:30] On the vote it says that I abstained.

[10:33] I didn't abstain, I voted no.

[10:36] - Say that again. - The, the vote on it says

[10:39] that I abstained.

[10:41] Yes. I didn't abstain. I voted no on that.

[10:44] - You voted no. Okay. You, - That's

[10:48] - It.

[10:49] I remember that.

[10:53] - So - Should that be six

[10:54] - One?

[10:55] So it should read 6 1, 0 6 1 0 1 0. Yeah.

[11:03] Anyone else?

[11:05] - Mr. Chair? This is minor. Yes. On line 1 24.

[11:09] - 1 24 minor.

[11:12] - Actually think Nancy was the one

[11:14] who asked about the light trespass

[11:16] and if it would had been taken care of.

[11:18] - Are you on page three? Yes. 1, 2, 4.

[11:21] Mr. Smith indicated need.

[11:25] - So how should - It waiver for grading within? How should

[11:27] - It read?

[11:29] - Read? I have to read. She's asked because, oh,

[11:31] - Okay.

[11:32] - You said 1, 2, 4. Oh, yeah, yeah, yeah. You are. Okay.

[11:34] Mr. Smith indicated need for waiver for grading within.

[11:40] - It's not a big deal, but I, I don't,

[11:42] I don't think I was the one

[11:44] - Asked.

[11:45] I think you asked. I asked it. So sorry.

[11:47] You wanna do it or you want me to go ahead?

[11:50] Okay, so line 1, 2, 4.

[11:53] It it, second sentence, it starts with Ms. English asked

[11:57] if light tr, and it should be that Ms.

[12:01] Belanger asked that

[12:06] and it was, it was,

[12:08] I think Mr. Smith had indicated there was no change.

[12:11] Right? The light trespass was there.

[12:13] They asked for a waiver, they fixed it.

[12:15] I asked if it was still fixed.

[12:17] If there was any, yep, that's, I remember.

[12:19] So instead of on line 25 saying Ms.

[12:22] Belanger indicated no change, then it would be I Mr. Smith.

[12:28] - Okay. - Sorry. Thanks. Perfect.

[12:31] - You're welcome. - Do I have a motion?

[12:36] - I, I have. Okay. Oh, I think I just got ink all over me.

[12:42] I have one. So on line 1 6 9. Oh

[12:46] - Yes.

[12:47] - Page four of 10. The last sentence.

[12:50] This is a rote process. I think it should be written

[12:54] - Just a minute. 1, 6 4.

[12:56] - Is that a term I'm unfamiliar with?

[12:58] - I wrote - It would be ROTE if it's, if it's,

[13:03] it's not WI,

[13:05] - I checked the tape and that's what he said.

[13:07] - I'm not sure. So ROTE.

[13:09] And I'm just not familiar with the term. Yeah.

[13:11] So we should probably take off the W.

[13:13] Remove the W. And

[13:17] - What line are you on?

[13:18] - 1 69. - The last sentence. 1 69 Process one

[13:24] - 60.

[13:25] - Remove the W. - Okay.

[13:28] - Okay. - And then on line 2, 9 9 7.

[13:32] Yes. Brentwood Drive should say Brentwood

[13:36] Road. And that's all I have.

[13:39] - Okay. - I

[13:44] think came again.

[13:45] - Mayor, is there a motion - I move

[13:49] that the draft minutes from our

[13:51] August 27th, 2026 meeting as amended.

[13:57] - Be - Approved. Be approved.

[14:00] - Second - Move and seconded.

[14:02] A voice vote will be appropriate.

[14:04] Those in favor, please indicate, wait a minute,

[14:07] Dean. You're acting tonight.

[14:09] - Okay. - Alright.

[14:14] Those in favor please indicate by saying aye. Aye. Opposed?

[14:18] Nays? Ayes have it abstain. Oh, board abstention.

[14:28] - Alright, - Sorry.

[14:29] - Now we move to the oh,

[14:34] minutes of September 10th, our last meeting.

[14:40] And probably Aaron,

[14:44] you were there and I wasn't.

[14:47] - I know I have a correction Mr. Chair,

[14:51] - That's, so I abstain.

[14:56] - I have a correction. Go ahead.

[14:58] On line 21 and 22, I can't make a motion

[15:02] and second the motion.

[15:04] So I'm not sure who did what.

[15:08] - You didn't second the motion. Okay.

[15:10] - It's usually and I, - Yeah. Acting chair so

[15:12] - We can, - Barbara can't answer that.

[15:16] Does anybody wanna fess up to seconding that motion?

[15:18] - I'll, I will. - Okay.

[15:20] - Because it usually we sit

[15:22] next to each other and we do that.

[15:23] So I'm fine with that answer.

[15:25] - Okay. Thank - You.

[15:32] - All right. - Opposite.

[15:51] - Is that it? I have one. I'm good. I'm good. Oh, I'm sorry.

[15:54] Okay, so I, on line 1 65, that's page four seven.

[16:00] Noted. Portsmouth Ave is, it says being upgraded

[16:04] but it, I said it's in the CIP,

[16:06] which is our capital improvement plan to be updated

[16:15] and I should have added if the voter's

[16:18] approve, but I didn't say that.

[16:20] - Okay,

[16:38] - Got it.

[16:39] - That's it for me. I move

[16:43] to accept the September 10th, 2026

[16:47] draft meeting minutes as amended.

[16:50] - Okay, - Second

[16:54] - You Gwen.

[16:55] That's me. Thank you. That's me. Okay, got it.

[16:58] - That's aye. Alright,

[17:00] - Those in favor please.

[17:01] Enc keep saying aye. Aye. Aye. Opposed? Abstention.

[17:04] I abstain the pass. Thank you.

[17:09] Okay.

[17:13] First order of business.

[17:14] We have a request by the extra Presbyter church

[17:17] for an extension.

[17:19] Extension of the site plan review approval 73

[17:23] water Winter Street tax map 73 lot 1 43.

[17:28] Planning board case number 25 dash six

[17:32] I. Oh

[17:34] - Good.

[17:37] - Do we need you, you wish to speak to this?

[17:41] - Yeah, we can just give a quick Okay. Overview.

[17:44] Paige Libby with Jones and Beach Engineers

[17:45] for the record here with Skip Phelps from

[17:47] Exeter Presbyterian Church.

[17:49] They have planned on starting construction next spring

[17:53] and our LA our original approval was

[17:56] of in September of last year.

[17:58] We did come back in July of this year

[17:59] and get the project basically reapproved but

[18:02] because the original approval was last September,

[18:04] we're just here to request a one year extension so

[18:06] that they can get started in the spring.

[18:09] - That's reasonable. Any questions

[18:11] the board would have for that?

[18:15] Well I would like for a motion then

[18:22] now we'll all speak at once.

[18:23] - Okay. - I wanna say, John, how about a motion?

[18:29] - I can make a motion. I move,

[18:32] hold on, I gotta go back to the thing.

[18:35] Oh, thank you. I move that

[18:41] the extension request for site plan approval for one year

[18:45] for the 73 Winter Street project tax map.

[18:50] 73 lot 1 43. Where's the project number?

[18:54] It's not on here. Ah,

[18:59] planning board case number 25 dash six B.

[19:03] Approved or be extended for one. I'm messing this up.

[19:06] Be extended for one year.

[19:09] - This is a tough one. - Yeah. To September, 2026.

[19:18] - Do - We have to have an actual date?

[19:20] - September 25th? Yeah. - Okay. It's, sorry.

[19:23] - September 25th. - 20 20, 27.

[19:26] - Sorry, my please. - Yes, thank we'll second that.

[19:30] - Okay, moved and seconded.

[19:32] Let's do a voice vote on this one please.

[19:34] I think that's adequate. So those in favor

[19:36] please indicate you saying aye.

[19:37] Aye. Aye. Opposed?

[19:40] The ayes have it, so be it. You're all set.

[19:43] Thank you for the detail and good

[19:45] - Luck.

[19:46] Thank you. See you.

[19:49] - Alright,

[19:54] Next order of business.

[19:54] I'm gonna move, adjust the agenda slightly

[19:58] to the planning board case.

[20:00] 26 dash 16.

[20:02] Peter A. Smith revocable trust

[20:06] and we've, I, my judgment is not ready to be heard yet.

[20:11] It needs to have a land license,

[20:12] land survey surveyor stamp on the plan.

[20:16] It needs to show note number one states

[20:21] that the law is to be serviced by municipal water and sewer.

[20:25] Actually cannot allow that at any additional applications

[20:27] to connect to our municipal water system at this time.

[20:31] Nor can it be approved.

[20:33] A preliminary, preliminary application to connect

[20:36] that was included in the application.

[20:39] Please advise the note that plans show

[20:41] that an adequate private water source can be

[20:45] provided to service the lot.

[20:47] So those in that have not been provided

[20:50] - In the septic. You think about the

[20:53] - Septic and also in, in

[20:58] this is from do Dave Sharples.

[20:59] In his conversation with Mr. Smith,

[21:01] he indicated the existing dwelling is on a septic.

[21:04] So please show that on the plans.

[21:07] So there's three things that are missing in order for me

[21:10] to open this case.

[21:12] So I'm looking for a motion to extend.

[21:17] - It's really we haven't accepted yet. Haven't

[21:19] - Accepted yet. We haven't

[21:20] - Accepted it.

[21:21] Really don't even need a motion. You

[21:21] - Don't even need a motion unless

[21:22] - You want to converse with the a.

[21:24] - We'll have, you can do, have

[21:25] to get those squared away with you

[21:27] - Can, you can talk to them for a second. Yeah,

[21:29] - Sure.

[21:30] - Informally. Yeah, sure. Like an informal review.

[21:33] Do you have any questions? Do just come to the mic

[21:36] and introduce yourself if you have any questions.

[21:38] Certainly, unfortunately Dave couldn't be here, but, okay.

[21:44] - All right. Peter Landry,

[21:45] Landry surveying, prepared the plans.

[21:48] Certainly wasn't expecting to have all of that,

[21:53] that information done for this meeting.

[21:55] And, and in addition to,

[21:57] I thought it was the way this letter came across it,

[22:00] it looked like there would, we could have possibly

[22:03] taken this in and maybe had a conditional approval with

[22:07] the minor additions that he's looking for on here.

[22:12] I would like to point out though that the septic system

[22:16] is shown on the plan

[22:18] and that's one of the deficiencies that he's asking for.

[22:21] - Okay. - Okay. Okay. And again, we're

[22:25] - Not opening the case.

[22:26] - I, I don't know how far I can go on this.

[22:28] It sounds like we're not gonna have a meeting tonight.

[22:29] - You can, you can get feedback like an informal

[22:31] - Review.

[22:32] Well, again, I get, I I wanted to go through, first of all,

[22:34] these are Dave's comments as the planner.

[22:36] And my experience has been that

[22:39] of course the board is the, the active members.

[22:41] Yeah. So they, they may have additional information Sure.

[22:44] That they might want to see on the plan.

[22:46] Now, as for stamps, that's something nowadays, especially

[22:50] with electronics and back

[22:51] and forth to make sure you get all the

[22:53] housekeeping items done.

[22:54] That it's just typical that every board I go to that,

[22:58] you know, I've got a wetland scientist stamp I want

[23:00] to put on the plan that's not on the list,

[23:02] but we're gonna get that on there.

[23:04] 'cause we've had a certified wetland scientist out there.

[23:07] And the same with the LAN survey stamp

[23:09] that's going to be on there.

[23:11] So again, those are usually something we put on

[23:14] as a conditional, again, with the monumentation,

[23:17] I normally will set, come to the board meeting,

[23:19] discuss the law configuration before I set any monuments.

[23:23] Yes. And

[23:24] of course we don't have any monuments in the ground at this

[23:26] point, so we're gonna wanna set those.

[23:28] But I wanted to at least get the boards I

[23:32] opinion on this.

[23:35] There was just like number two was asking about what I meant

[23:38] by when I added on the checklist, the word known that on

[23:43] that checklist it was discussing easements.

[23:46] And I simply wanted to point out

[23:48] that I was showing the known easements at

[23:51] times as certain survey.

[23:54] We may find an old pass that cuts through a wall. Yep.

[23:57] And we just don't know what any is.

[23:59] Really nothing written, no history

[24:00] or anything on it may just be a

[24:02] pass a path through the wall.

[24:05] And I didn't want anybody to think that I was maybe,

[24:08] and we do have that in this case.

[24:09] So I didn't want anybody to think that

[24:11] that might have been an easement of sorts.

[24:12] We're showing known easements, easements

[24:14] that are and are written in a deed.

[24:16] We've gone through all the deeds they have pointed out

[24:18] and reference and any apparent easement,

[24:21] the ones you see on the right of way,

[24:23] they're all out into the town right away.

[24:25] They're all shown. There're some are close to the lot line,

[24:28] but any what that word known was, was meant for was just

[24:32] to point out, no easements obviously can't be responsible

[24:35] for something unknown or unwritten.

[24:38] Yep. And of course, had we, if there was a driveway running

[24:41] through our property without an easement, we would've shown

[24:44] that and it would've been addressed.

[24:46] So that, that's, I wanted to clarify that.

[24:48] So technically we may be just down to the two,

[24:51] two items on here.

[24:53] The stamps that I mentioned

[24:54] and the note, which, you know, I don't know,

[25:00] it's, it's been a while.

[25:01] I, I did look on the town's website.

[25:03] I got a call, I think it was the first of the month

[25:09] and it's, it was six 30 at night, it said, town of Exeter.

[25:12] And I'm like, oh my God, I've never had

[25:13] a call from a town of Exeter.

[25:14] It's six 30, any town, it's six 30 at night

[25:17] and the way the world is now.

[25:18] I thought, man, I'm gonna get scammed.

[25:20] So I didn't answer it. And five minutes later I got a call

[25:23] from Mr. Smith who got the same call from the town telling

[25:26] me that there was a problem with the water.

[25:28] Okay. So I, we first,

[25:30] we put the application in in August 18th

[25:32] and we heard about on, no on September 1st about

[25:37] a potential moratorium.

[25:38] And at a quick glance,

[25:40] I was down coming back from Kensington of about a month ago.

[25:43] And I, off the corner of my eye,

[25:44] I saw something on Drink water road

[25:47] before I was noticed of, of, of, there was no water,

[25:49] but some, something about looking for water, maybe on looks,

[25:53] I think that's academy land, but looking for water source.

[25:56] So it was sort of going through, man.

[25:57] So I got on the official town website

[25:59] to find some information

[26:01] and I couldn't find anything on about,

[26:04] on the 1st of September about the moratorium.

[26:07] So I, and the reason is, is so I could advise my client,

[26:12] is it gonna be a year?

[26:13] Is it gonna be 10 years?

[26:14] How is this, how long is this going?

[26:16] Because this note isn't saying we're

[26:18] gonna get hooked up to water.

[26:19] It's just saying vis the, my notes was simple lot was going

[26:23] to be hooked up town, Watertown sewer.

[26:25] Dave's suggestion is to rewrite that to, you know,

[26:29] put on notice to the client that the water's not available

[26:33] tomorrow, let say,

[26:35] or it could be a while Now we were

[26:37] told verbally it could be a year.

[26:39] But I don't know. So I think what,

[26:42] what this whole note is about is

[26:44] to put the client on notice.

[26:45] That if you want to get this plan approved, which we do

[26:48] as a, as a lot and you wanna build

[26:51] before the water is available, you simply have

[26:54] to find an alternative water source.

[26:56] Is really all this note is saying typically a

[26:58] well would, would, would do it.

[27:00] And we have no problem putting that on here.

[27:03] So I had, and again, I wasn't crystal clear

[27:06] because of the way it's mentioned on the bottom

[27:08] here, plaintiff board motion.

[27:09] So I thought I could come in, have this discussion,

[27:13] walk away with the conditional approval.

[27:14] That's my, my fault.

[27:16] And I, you know, with the client and all,

[27:18] because I could have made these changes.

[27:21] We could have put 'em, you know, I got this last I think on

[27:23] the eight 16th.

[27:24] So I had time, I had to go over it with the client,

[27:27] could have put it on here, emailed it,

[27:29] and then all of the plans that you guys asked

[27:31] for at the beginning on in August would be moot.

[27:33] All the ones that you looked at wouldn't be the,

[27:36] the u the plan I submitted originally.

[27:39] Because now you've got this plan, which I wasn't,

[27:42] I scratched my head and go, do I gotta make new paper

[27:44] prints and bring 'em in?

[27:45] Can I do this electronically? You know, what do I gotta do?

[27:49] I'd rather discuss this.

[27:50] Two more items might come up, one or two might go off.

[27:54] And I thought why can't we just, I don't know the history

[27:56] of this town, but why couldn't we just do this in a,

[27:59] as a conditional approval?

[28:01] And that's what we were looking for. Yeah. Okay.

[28:03] For tonight. So I'm hearing now that I gotta make,

[28:07] maybe I need to talk to Dave and, and, and clarify this.

[28:11] Do it. I mean, talk to Dave.

[28:13] I didn't think he, maybe he has more, I,

[28:15] I guess I thought the, the board would make the decisions

[28:18] but based on Dave's recommendations, which are here.

[28:22] Yeah. That's sort of been the way I've done it for years.

[28:25] And I didn't want to just jump to making these, you know,

[28:28] without the board having some input.

[28:32] I don't know if that makes sense, but

[28:33] that's just the way I've always done it.

[28:35] Yeah. Well but appreciate now

[28:37] you want me to make the changes.

[28:38] Make the changes please. Just so it's clear. Yep.

[28:41] And it sounds like I'm coming back. Check, check with Dave.

[28:43] Please check with Dave. Yep.

[28:44] Clarify a couple of things, which will, was he going to,

[28:47] okay, I'll assume he'll make another a

[28:49] comment after I speak with him.

[28:50] We'll probably drop a couple of things,

[28:52] maybe add a few things, I'm not sure.

[28:54] Oh. And then we will address the note changes.

[28:57] He'll then have a electronic plan.

[29:00] You don't need this in paper, I presume.

[29:02] 'cause I handed in a lot of oversized paper copies

[29:05] that now are, I don't even know where they are, but, so,

[29:09] and you've got the smaller ones

[29:11] and now you're doing, if you don't need paper, you'll do all

[29:14] of this electronically is what I'm hearing these changes.

[29:17] Alright. Check with Dave. All right. Alright.

[29:20] - So the septic system you refer

[29:22] to is on I think the second page.

[29:25] - Yes, it is. - Probably gonna want more detail

[29:28] than what that says.

[29:30] Like what it just says. Septic system.

[29:33] - Yeah. That's what - It Well, well I know.

[29:35] I want to know more about what it is. What's a septic

[29:37] - System?

[29:38] I think you and the owners do this. It

[29:39] - Be a tank and it could - Be a,

[29:41] - It could be whatever somebody defines

[29:42] as septic system. We need more information.

[29:44] - This could be, - You can provide whatever

[29:47] - You like, - Three, five gallon drugs.

[29:48] I'm not gonna be happy with the words

[29:49] that just says septic system. Well,

[29:51] - I don't know what else we could do.

[29:52] Okay. See it. I'm just wondering.

[29:54] I mean, I'll talk to Dave about that.

[29:56] I didn't know he, if I, I'm, I guess I came to the point

[29:58] that he didn't see it.

[30:00] 'cause he said it wasn't on the plan, but he saw it.

[30:02] But now he wants, instead of an X, he wants a rectangle.

[30:05] - I think we want more detail on

[30:07] what a septic tank system is on an existing lot

[30:09] that we're being asked to approve a subdivision of.

[30:14] - I'll do the best I can, but I'm not sure.

[30:15] Sure there's any more info somewhere. It's a very old house.

[30:18] Well it could be a very old

[30:19] - Septic, it could be a very inadequate septic

[30:21] system that's existing.

[30:22] And you're asking to subdivide the property. That's

[30:25] - Why we missed that.

[30:26] Is that it? Well, okay, it's town sewer up front.

[30:30] But you start tying into it.

[30:31] - I, if you're gonna tie into town sewer,

[30:32] then you should indicate that then you don't have

[30:35] to indicate the septic.

[30:37] But if you're gonna ask us to approve a subdivision

[30:39] with a new lot, we need to approve a lot

[30:42] that's gonna function properly in the town.

[30:45] Yeah. And if it's an inadequate existing septic system,

[30:47] we would be remiss our duties if we approved it further

[30:50] subdivision of the property.

[30:53] If the existing structure

[30:55] - I'll the best I can on that.

[30:56] - Well it's not that hard to do really.

[30:58] You have to do some work. You

[30:59] have to determine what's there.

[31:00] When someone buys a home, every time

[31:02] that I've been experienced with,

[31:04] they check out the septic system, they see what's there.

[31:07] They find out if it's adequate or not.

[31:09] It's the same thing when you subdivide.

[31:15] I, I would think Dave would probably

[31:16] help guide you through most of this.

[31:17] Our typical processes you come in

[31:19] and most of these type of Yep.

[31:22] Situations. It's a one meeting show.

[31:26] So I think what he's trying

[31:27] to give you is a list to get through this in one meeting.

[31:30] - Well right. I think, yeah,

[31:31] - I think that's what he's trying to do.

[31:33] Yep. We don't normally go very far with one lot subdivision.

[31:37] Usually if we have all the information we need

[31:39] to make a decision, we make the decision

[31:41] and you get your approval typically that night.

[31:45] So.

[31:47] - So you want a mile hour that night or just bring Myer

[31:50] - In?

[31:51] I wouldn't, I wouldn't make a mile hour without an approval.

[31:52] But that's your decision.

[31:56] - Okay. So I guess I got my marching orders.

[31:59] We're thank you for your time. Thank you for

[32:01] - Coming this - Evening. Thank you.

[32:03] - We'll get it squared away. Thank you very much. Come back.

[32:11] - You need to, you're gonna have to go

[32:12] to the mic and identify yourself.

[32:13] Sir.

[32:15] - We haven't - Opened the case. Well we haven't but

[32:18] - Whatever. I mean you opened it up.

[32:19] - Sorry, it's not open. This is informal.

[32:21] Well it's not accepted, it's not open.

[32:24] Is an informal discussion.

[32:25] - 1 29 High Street. If its not what?

[32:27] It's not what your name it not connect. Peter Hutton.

[32:29] 1 29 High Street.

[32:32] - We're not hearing the case sir. What's that?

[32:34] We're not hearing the case either.

[32:36] - I know, I'm just wanted to make a point.

[32:37] If there's no municipal water

[32:38] or sewer minimum mod size is one acre, not 0.78 according to

[32:43] - The - Zoning ordinance. Oh, okay. Thank you.

[32:45] - So if they're, - We are aware. Thank you. So

[32:49] - Their plan is - Inadequate.

[32:50] We are aware. Thanks.

[32:52] - That's why I said it's not ready to be heard. Yep.

[32:54] - That. - Okay. Let's see. Now

[33:01] - Reset.

[33:06] - Next we have continued application

[33:08] of stone arch development, LLC for lot line adjustment,

[33:12] a minor subdivision

[33:14] and a site plan review for redevelopment

[33:16] of property located at five Brentwood Drive.

[33:19] The redevelopment will consist

[33:20] of eight residential condominium units

[33:23] of single family homes.

[33:25] Project includes a new roadway, underground utilities

[33:29] and drainage structures.

[33:30] Tax map 62 parcel 1 1 1.

[33:34] And is planning Boris case number 26 dash 11.

[33:37] And gentlemen, are you ready?

[33:41] - Yes. Good evening. Mr. Chair. Members of the board.

[33:43] John Lordon with Beals Associates. John O'Neill

[33:48] - With Stone Notch.

[33:49] - I very briefly, I don't have a lot to say on this.

[33:53] We were, we have performed a site walk combination

[33:57] of the conservation commission and the planning board.

[34:00] We were before the Conservation commission

[34:02] where we received a favorable recommendation for approval.

[34:06] And we were before this board about a month ago.

[34:11] Since that time, we've made some plan changes.

[34:14] Very briefly, the road was changed from a public

[34:18] to a private road just really to remove some waivers

[34:21] that were being asked for.

[34:24] We made some minor landscape and utility revisions.

[34:28] We also moved all the decks outside of the wetland buffer

[34:32] and that just really required shifting the buildings

[34:35] and rotating them just a bit.

[34:40] And the last thing is that we have addressed all

[34:43] of Underwood's comments.

[34:45] We have a letter from them saying

[34:47] that everything's been addressed.

[34:48] One thing I do wanna say, my apologies,

[34:51] is I believe the landscaping plans that were

[34:54] provided were not updated in the set that was distributed.

[34:58] So if it's okay, sure. I'd like to just hand out

[35:01] - The updated set.

[35:06] Yeah, thank you. Thanks.

[35:12] That's all I had. I have one for Yes, I'll, okay.

[35:26] Could I have one please? Yeah.

[35:27] Oh, he's got speed it up brownie. He was holding one back.

[35:32] I just forgot. Thank you Aaron. Wow.

[35:37] - Vice chair, - Mr. Vice chair.

[35:40] - I just can't hardly get a

[35:43] - And that's all we had.

[35:44] We'd be happy to take any questions the board might have.

[35:47] - Okay, Glen ahead, let's start over with you.

[35:54] - I've, I've looked at this a dozen times

[35:57] and I hope I'm wrong,

[35:59] but on lot number 24,

[36:03] you don't show the 75 foot building wetland buffer.

[36:08] And I think the house,

[36:10] the lot 24 is entirely within the buffer.

[36:16] - It is within the 75 foot buffer. It is.

[36:18] - It is. So you're,

[36:20] - Which, which sheet are you looking at in the yield

[36:23] - In four.

[36:24] Oh, I'm not on the yield plan. I'm on

[36:26] - Okay.

[36:27] - The master set. So you don't show the, you don't show the

[36:31] 75 foot buffer on, you show it on lot 14,

[36:36] but you should don't show it on 24.

[36:39] - Right? It - So you're gonna build a house in the buffer

[36:42] - Within that, within the 75 foot buffer. Yes.

[36:45] - And we're expected to prove that. Yep.

[36:49] - It's outside of the 40 foot buffer as shown

[36:51] that wraps around the house.

[36:54] - But it's in the, it's in the building wetland buffer.

[37:00] - It is in the 75 foot buffer.

[37:02] - So the buffer hugs the structure,

[37:05] - The buffer goes right.

[37:06] It's right in it. Okay. I mean yeah,

[37:10] - The 40 foot buffer hugs it, the foot,

[37:12] the 75 foot buffer encompasses It

[37:14] - Is, it encompasses it.

[37:15] Yeah.

[37:22] Well I'm, I'm certainly not crazy about that.

[37:24] I didn't notice it before.

[37:26] - The pretty unique situation, Gwen,

[37:28] what happens is we did the wetlands out there

[37:30] and, huh, just to give a little brief history,

[37:33] when McCain drive was built,

[37:36] they were building the apartments out there

[37:37] and it was a field and the separate

[37:39] were what they are today.

[37:41] And they actually put two water services

[37:43] and a force main sewer line out there

[37:46] to service this in the future.

[37:48] And because of the, it's a, it's a,

[37:51] there are no trees out there.

[37:52] It's a, an open field

[37:54] and it's unfortunately encumbered by

[37:57] that little tiny peninsula,

[37:59] which really wipes out that setback.

[38:01] So it's really, it's unique. It's a very unique situation.

[38:04] If it weren't for that little thing,

[38:07] you'd be, it'd be totally clear. Yeah,

[38:08] - Of course.

[38:09] But it's there.

[38:12] I I don't know how the board feels about it,

[38:15] but I'm, I'm sensitive to buffers.

[38:22] - Hmm. - I'm having a hard time following the buffers.

[38:28] I'm wondering if

[38:30] - You wanna look at this. Yeah.

[38:31] - Can I look at your, your version?

[38:33] You got color, you got the nice

[38:34] - Color. Oh, she's

[38:37] - Got it.She always does her homework

[38:38] - In here. She's so good.

[38:40] - Quite frankly, gr when we did the site walk,

[38:42] we were in a position where we were looking

[38:44] for a 50 foot waiver and if we had gotten the 50 foot

[38:47] waiver, we would not be out in that lot at all.

[38:49] So the decision was made

[38:50] and it was sort of hinted to us

[38:51] that it made a little more sense,

[38:52] but put that second lot out on Mcca versus

[38:56] going from the 50 foot waiver.

[38:58] So it was, it was a push and pull

[38:59] and that was a decision we made.

[39:01] And we're hoping for your support. It's, it's a field.

[39:03] It's very unique. It's not

[39:04] like we're cutting trees to do it.

[39:06] It's a completely open field

[39:07] and it's been, it's been hay and cutting.

[39:11] It's very good land.

[39:12] Unfortunately it has that encumber of that little thing.

[39:15] It's a very unique situation.

[39:18] - So essentially, yeah, there's, there is no 75

[39:21] because you can't get 75 feet away from the wetland.

[39:25] 'cause there's another wetland. Got it. I understand.

[39:27] Thank you.

[39:30] - Yours too, - Please.

[39:45] - How do the regulations address that?

[39:47] - Hmm? - How do the regulations,

[39:48] they would have to request a waiver

[39:50] - For the buffer.

[39:51] Yeah. Okay.

[40:20] - While the board is looking at that on, on lot 14

[40:26] or the, is the patio in the back,

[40:31] are those, is that made with pervious papers?

[40:33] - That is previous papers, correct.

[40:46] - Okay. So with what Gwen just brought up

[40:49] a waivers requested or no,

[40:51] because I'm not seeing that one's been requested

[40:54] for the 75 being within the 75 5.

[41:12] - Well, we'd like to make that waiver a request

[41:13] to put all possible on that particular What?

[41:18] - So - It wasn't in the plans.

[41:19] - Yeah, it's, it wasn't requested. He's doing it now.

[41:34] - Gwen, I don't know. Did you talk to any

[41:36] of the conservation commission?

[41:39] - Did I? - No, I just, I found this.

[41:41] So did you look at their letter from August

[41:44] - On?

[41:46] I have it

[41:52] let here.

[41:53] - Is that, you think they're talking about that law

[41:55] - In That's what I thought - The just brought up.

[42:07] Seems like it, right? You have the

[42:12] letter from the Conservation Commission dated

[42:16] August 12th, 2026.

[42:23] You don't, I can give you my copy if you don't have it. I,

[42:26] - I - Recall it if I don't have it.

[42:28] Okay. I have their memorandum. Yeah, that's fine. Yeah.

[42:36] If you look at under the bold heading conditional use

[42:41] permit, particularly number three.

[42:45] Yes. I think they're making the same comment

[42:49] that board member English just expressed.

[42:55] I'm not certain, I haven't confirmed that with anybody from

[42:58] the Conservation Commission, but when I had read that

[43:00] before, it seemed to me to tie in.

[43:04] Did they talk to you about that at all?

[43:08] Yeah, I think that was the reference lot. That lot? Yeah.

[43:11] Okay. Does the board know what I'm talking about?

[43:15] You're following me? Okay. Yep.

[43:19] - Can you see it for a second? Lemme it must be in my stuff.

[43:21] Three. Yep.

[43:25] - Is there an alternative?

[43:30] - The alternative is a, a waiver for the 50 foot step back.

[43:33] And we know that's not favorable.

[43:35] We know you don't like, that's a tough one to get.

[43:37] So there really isn't much of an alternative.

[43:40] - Okay. Interesting. See, - I'll tell you this.

[43:45] - The system request a waiver.

[43:48] - Yep. That's not what I was asking.

[43:50] I was asking if they, if they had an alternative

[43:52] configuration Oh, okay.

[43:54] In mind. But I think they've expressed that

[43:59] they went with this direction believing

[44:03] that they could get two off of McKay fit in.

[44:06] And then until you see the detail

[44:08] of a plan, it's hard to indicate.

[44:10] Right. My my personal preference would be two off of McKay,

[44:13] but I don't feel excited about encroaching on buffers at

[44:16] that level a whole That's so horrible.

[44:19] Yeah. Yeah. A whole

[44:21] building structure within the buffer is pretty significant.

[44:26] - But what's unique is that we're actually not gonna change

[44:28] the topography whatsoever.

[44:29] That's the uniqueness of it all because Right.

[44:30] It's the field and we're not cutting trees

[44:32] or changing the terrain whatsoever.

[44:34] So what you see out there,

[44:35] can you speak a little louder please?

[44:38] I mean, get the microphone. Yes. Okay.

[44:40] Can you hear me now so I can hear you? Yes.

[44:42] Oh, sorry about that. Got the hearing aids.

[44:44] I can hear myself now. Anyways, but we thought

[44:46] because of the nature of the property itself,

[44:48] it's a field entirely.

[44:49] We're not adjusting it.

[44:51] We're not cutting it, we're not doing anything.

[44:53] And yes, we are putting a building in there,

[44:54] but the field itself is not no topography change

[44:58] will take place whatsoever.

[44:59] So what you see out there is what you're gonna get.

[45:01] So even though we are working within it,

[45:03] we're not altering any terrain that you,

[45:05] you'd almost be doing if there were trees

[45:07] and anything with topography associated with it.

[45:10] It's a relatively flat terrain.

[45:12] Just a, a mild hump right there.

[45:14] And, and I hate to say it,

[45:16] but if it weren't for that little finger

[45:17] and it just does exist when I get it.

[45:19] But it, it definitely, it, it looks

[45:21] and wants to have a house right there.

[45:23] It definitely feels it.

[45:26] - Well we have to keep in mind that buffers serve a lot

[45:28] of purposes and

[45:31] that field may be serving a purpose for wildlife

[45:35] that is depending upon it.

[45:39] I mean it's, it's not a, it's it, we don't have buffers just

[45:43] for just for one particular reason.

[45:46] We have them for multiple reasons, whether it's a field

[45:50] or if it's forested

[45:54] - And all that wetland will be an open space.

[45:57] - Yep.

[46:11] - Oh, I don't what the solution is here.

[46:23] - Is this, - Well, the solution may be a,

[46:27] a duplex on that a lot.

[46:28] Get my yield. What are your thoughts of that?

[46:32] A duplex on 14? Yes. Yeah.

[46:37] So I haven't exceeded my yield at that point.

[46:39] Put a duplex on that lot.

[46:47] That's a possibility.

[46:58] - Oh, that's, - So these are all

[47:01] - Okay.

[47:02] Yeah. It's just that one. Thank you.

[47:10] - Yeah, I mean the non waiver approach would be just to

[47:15] increase, combine a couple of the condos right.

[47:19] From single detached to attached

[47:24] - Wherever - Within the project. Yes.

[47:26] - Or make this a

[47:28] - Duplex.

[47:29] Any of them could do it with any of 'em. Yep.

[47:33] I think it's more applicable to do, do that water

[47:35] as sistance from the other project.

[47:36] Sure. Okay.

[47:47] - I don't, I'm not totally comfortable

[47:52] not seeing something.

[48:06] I don't

[48:06] - Know.

[48:07] Is there any other, other things anybody wants

[48:08] to discuss on this plan?

[48:10] - Yeah, I have another question un unrelated to this. So

[48:13] - Let's let this one perfectly.

[48:15] - Okay. Yeah. I, on your, in your September 17th

[48:20] letter with responses to the comments to Underwood,

[48:25] some of them, well, you know, there's,

[48:28] there's the original comment from

[48:29] Underwood is your response.

[48:31] They come back with another comment.

[48:32] You come back with another response.

[48:34] And particularly in the drainage report, you've come back

[48:38] with additional responses to, I presume, is there latest,

[48:41] the previous comment was there a final sign off on,

[48:46] so this is, do you have something from Underwood, you know,

[48:48] after September 17th?

[48:51] - We do. We have a letter that I can, I can show you.

[48:53] Dated September 18th. Okay.

[48:57] Signed by Underwood.

[48:59] All previous comments have been addressed. Satisfactory.

[49:01] Okay. I have no further comments.

[49:03] - Yeah, that's fine. Okay. - Okay.

[49:06] - Thank - You Marty. Yeah, thank you.

[49:08] I was concerned because I had a few questions

[49:10] that now aren't relevant.

[49:13] - Thank you.

[49:19] - I'm sorry you said that was dated September 18th.

[49:21] - 18th, yes. Okay.

[49:28] - I seem to remember last time we met there was like a

[49:30] question about a crosswalk

[49:31] that was being shown on the plans across Brentwood Road

[49:34] - That has been removed.

[49:35] Okay.

[49:39] - Was that discussed with the town?

[49:41] Is that why it was removed

[49:42] or what, can you like elaborate on that a little bit?

[49:46] - I wasn't at the last meeting,

[49:48] but my understanding was it was requested to be removed.

[49:51] Whether it was from Dave or this board

[49:53] or the town, I'm not sure.

[49:54] I just knew it was a request to remove it.

[49:56] - Okay.

[50:06] - Isn't there an existing sidewalk on

[50:10] - Brentwood - Road on the other side of Brentwood?

[50:12] - There is no north side. I mean south side of Brentwood.

[50:14] There is, yeah. Okay. So the question is about,

[50:18] - Yeah, I seem to remember - Pavement or something.

[50:21] - I think that Mr. Smith said that there was a request

[50:24] to add the crosswalk maybe with somebody.

[50:28] And then we were like,

[50:30] we kinda had a little discussion about, well is

[50:32] that really a safe place to have a crosswalk?

[50:34] So I'm just curious how that conversation resolved.

[50:37] - I believe the way we, we left it, we had a discussion

[50:40] and then I think we left it and said, you know, DPW

[50:42] or planning should take care of that.

[50:44] And I think Dave was gonna do that. So I Okay.

[50:47] I'm maybe that's where it came from.

[50:48] You must have, yeah, it didn't come from the board.

[50:50] The board had, you know,

[50:52] okay, somebody needs to make this decision.

[50:53] Go back to public works or whatever.

[50:55] - Yeah. Alright.

[50:59] - Can we go back to the September 17th letter?

[51:03] I understand that you've got a lot of data the next day,

[51:06] but I do have one question

[51:08] and it was about the lighting at the kiosk.

[51:10] Your responses that people will check their mail based on

[51:14] their, using their car headlights,

[51:16] - Either their car headlights or their phone or something.

[51:18] But it's not a, it's not something that's lit.

[51:21] His comment and concern was that there was a tree

[51:24] that could potentially block some of the lighting from the

[51:28] - Yeah.

[51:29] And to and to please remove the tree if needed. Yeah. Right.

[51:34] - Yeah. So I looked around at a lot of different ones.

[51:37] They are not typically lit it.

[51:41] They adjust either the car headlights

[51:43] or someone with their phone, but they are not typically lit.

[51:49] Okay. And they're not necessarily near a, an overhead light

[51:52] that projects light down for them.

[51:55] - That's a chance to come up with a solar light

[51:57] for the mailbox kiosk. Yeah.

[51:59] - Right. I mean check your mail.

[52:02] - Oh, your - Headlights. I don't know how that's possible,

[52:04] but anyway.

[52:06] Okay. Thank you.

[52:10] - But you do have, I think

[52:11] - There's a lot of lit mailboxes.

[52:13] - A lot of - What? I don't think there's a lot

[52:14] of lit mailboxes.

[52:17] - Really. Okay. Mine is wherever I look, but okay.

[52:22] Yes, I've been lucky.

[52:24] - But you do have a light at the entrance way

[52:26] - There is a light. Yes.

[52:27] - Okay. There's some little bit of spillover.

[52:30] Yes. Okay.

[52:33] - Yeah, good point. Thank you.

[52:35] Just thinking of safety

[52:36] and being right at the entrance there.

[52:41] Someone walked through their mailbox.

[52:46] - Other questions

[52:50] while we're pounding that?

[52:51] Let me open the leading to public,

[52:54] see if someone else would like to speak to this case.

[52:57] So if you have something to say, please step

[53:01] to the microphone over there and introduce yourself

[53:05] - One at a time.

[53:06] Please

[53:11] - For the record.

[53:16] Other questions or concerns we may have.

[53:24] How about the landscaping plan?

[53:25] Let's take a look at that a little bit.

[53:27] 'cause that's now a finished product, quote unquote

[53:34] - The new one.

[53:43] - Now it may change slightly de depending on which unit

[53:46] becomes a duplex,

[53:52] - I would definitely move the, the unit on McKay driveway.

[53:54] With the duplex land, we wouldn't do a duplex up front,

[53:59] so this wouldn't change at all.

[54:01] Well page two does. I'm sorry. Yes. Thank you. Yeah.

[54:06] - Any thoughts? - Oh dear.

[54:19] - Any questions? Any concerns? Any suggestions?

[54:30] - That one, yeah, that's what he's saying.

[54:36] So

[54:38] - In terms of the, the issue with number 24

[54:41] and McKay, is the applicant looking at making number

[54:44] 14 McKay a duplex? Is that what

[54:46] - You're That's correct.

[54:47] - Okay. Are you thinking you'd build in the

[54:50] existing envelope as shown on the existing plan? A

[54:53] - Hundred percent.

[54:54] - Okay. - Yeah,

[55:01] - It kind of makes sense to do it there.

[55:03] - Yep.

[55:19] - So probably the only change would be the,

[55:21] maybe the driveway paving, parking,

[55:25] - Maybe plant things too.

[55:26] I thought maybe it might

[55:31] - And we could very well stay

[55:32] with the single quite frankly, depending on what happens.

[55:34] But it's nice to have the option of the duplex

[55:37] and the driveway may center

[55:38] and it may be the garage in the middle

[55:40] and the units on the side.

[55:42] Yeah.

[55:44] - Are you confident you have enough room on that lot? Yeah.

[55:47] Without going into the, yeah. Going into the buffers.

[55:56] - How - Many days in

[55:58] - Have I,

[55:59] - It'll have a unique configuration,

[56:01] but it certainly is, is absolutely, I mean it's able

[56:04] to be done without a problem.

[56:11] - Okay. - I wonder if you might want to stretch it

[56:15] towards McKay.

[56:18] - Yep. Looks - Like you have room to do that

[56:21] versus the box that you have on there now.

[56:26] You know what I mean? Agree

[56:33] - That way.

[56:34] Yeah. Yeah.

[56:36] - You've got plenty of space there to do that. So

[56:38] - We may be nearing the front setback there, but we, we

[56:41] - Will look at it.

[56:42] Yeah. Trying

[56:45] to figure out if we can move forward without kicking you

[56:47] back on this one lot.

[56:49] That's what I'm trying to work on.

[56:52] - What is the, off, off of McKay drive

[56:57] the hashed portions of property? Is that a,

[57:01] - That's an access and utility easement

[57:03] that is in place as these two.

[57:07] These are two contemplated lots. So those

[57:08] - Are, so having the driveway on there

[57:10] is obviously no problem.

[57:11] - Alright. Full access.

[57:13] You smiling enough when they were doing the condos,

[57:15] the, the townhouse is back there.

[57:17] I'm sorry, the garden style to say, listen, I want access.

[57:20] And he said they would offer me money.

[57:21] I said no, no, I want access out there.

[57:24] So quite frankly there's two water services

[57:26] and a force main to tie into.

[57:28] It's all ready to go. So when that project was done,

[57:31] as a matter of fact, my site contractor Dirt Pro did it

[57:33] and said I remember specifically putting those services

[57:36] there and it's likely back then lang at the setback to

[57:39] where it wasn't as extreme as it is right now.

[57:42] So it would've been two viable lots at that time.

[57:46] - So it looks like the front setback in

[57:48] that is 25 feet there.

[57:49] Am I right?

[57:50] - Mm.

[57:59] - Would it be appropriate to ask

[58:00] for a waive it to the front setback?

[58:03] - I, I don't know if you need it.

[58:04] I think you got a, I think you got a lot at land. Yep.

[58:07] I think you've got, I think you're at more than

[58:12] 50, but

[58:14] - Wait, - Yeah, there's plenty there. 40

[58:17] - Anyway.

[58:18] - Yeah. And we'll marry it right to the front step back

[58:21] and that'll be the smart move.

[58:22] There's still plenty of distance because

[58:24] of the extra space from the actual road

[58:27] that we're gonna be accessing.

[58:28] Right. So it'll, it'll look appropriate.

[58:30] - Right.

[58:40] - John just brought up a good point. It's a private road.

[58:42] Do we need a front set back on a

[58:44] - Private road McKay drive?

[58:45] Yeah. I'm not certain on that.

[58:49] - I

[58:54] - No say well it's,

[58:56] - But I think we can make it fit. There's no

[58:58] - Question.

[58:59] It's a good question. I'm not certain on that.

[59:02] - I think you do have to have a setback and I built some,

[59:04] - I think you I think do too.

[59:05] But

[59:06] - I might be 20 feet though, to be quite honest with you.

[59:09] - Not 25. The plan you submitted shows 25.

[59:12] It references the 25 foot minimum

[59:16] on the front, 15 on the sides, 30 on the rear.

[59:20] You're well over 30 on the rear. We'll make it work.

[59:24] You gotta put a mile on the rear. Yeah, we'll make it work.

[59:28] Yeah. I mean from my perspective, if

[59:33] 24 McKay went away Yes.

[59:36] And we went with allowing them to do a duplex

[59:40] at 14 McKay.

[59:42] Yes. And allow them

[59:44] to maximize the building envelope at 14 McKay without

[59:49] encroaching on any buffer zones on 14 McKay,

[59:54] I would be comfortable with that change

[59:55] to the plan at this meeting

[59:58] - And - Meets all the setback

[59:59] - Requirements.

[1:00:00] - Correct. Yeah. - And so can you make it conditional on

[1:00:03] - That?

[1:00:04] We can.

[1:00:08] - Without - Seeing, how does the board feel about that?

[1:00:11] - You're saying without seeing

[1:00:12] that the actual plan for that? Yeah.

[1:00:14] - Yeah. Okay. I mean that's not, I mean that's pretty known.

[1:00:18] We know what it's gonna look like. Right.

[1:00:20] And that's something I'd be very comfortable

[1:00:23] with Dave seeing that final plan

[1:00:25] - Yeah.

[1:00:26] Condition. Right.

[1:00:27] - Really. He's dealt with more than that before. Oh yeah.

[1:00:30] On our behalf. Yep. So, you know,

[1:00:34] and we don't really, we typically just have them show

[1:00:38] the envelope.

[1:00:39] We don't get crazy about that. No. Some boards do, we don't.

[1:00:43] We're pretty liberal with that.

[1:00:47] But when you're talking about buffers, we're not,

[1:00:50] we're pretty strict on those.

[1:00:52] And I think Gwen brings up a extremely valid point there.

[1:01:01] - I'm okay with that. - I think

[1:01:03] it's a pretty good solution.

[1:01:06] I mean, if you'd consider the amount

[1:01:08] of open space you're preserving by doing

[1:01:10] that, it's pretty significant. Nope. It's

[1:01:12] - Pretty significant.

[1:01:16] - This is not something

[1:01:17] - Anybody else should speak from the public.

[1:01:20] I guess not this evening. So let me close the public session

[1:01:22] and bring it back to the board.

[1:01:28] - Can - I put in a request

[1:01:29] that really isn't anything in our regulations to the builder

[1:01:33] and to the applicant?

[1:01:37] - Can I, can I just make a suggestion to

[1:01:40] - Them? Yeah, sure.

[1:01:41] - When you're, when you're positioning houses

[1:01:44] and designing roof lines,

[1:01:49] and this isn't a requirement, it won't be a condition,

[1:01:51] but could you orient those roofs so that they would be

[1:01:58] situated in a way that would embrace the use

[1:02:01] of solar panels if down the road these owners want to

[1:02:06] Oh, put solar panels.

[1:02:09] So it's not necessarily moving the position of your house,

[1:02:13] but just maximizing the southern exposure so that

[1:02:18] down the road people could put solar panels on. And

[1:02:22] - I'll - Give a, see some benefits from that.

[1:02:24] - I'll give you a little unique study on this and,

[1:02:27] and it's as strange as it may sound,

[1:02:29] you want a south facing garage

[1:02:32] and a south facing driveway, it'll melt all the time.

[1:02:36] If you have a north facing garage

[1:02:38] and a north facing driveway,

[1:02:39] it'll be under ice all the time.

[1:02:42] So in all honesty, the back of the house, the front

[1:02:45] of the house is, is gonna be conducive to solar panels

[1:02:47] as long as it's attractive looking.

[1:02:49] But they'll be on the front versus the rear.

[1:02:52] That make sense? If you go to two sides of the street

[1:02:56] and you like a clean driveway, which a lot of people do,

[1:02:59] you want to be south facing.

[1:03:01] So that means if you like solar panels,

[1:03:03] they're gonna be on the front of your house.

[1:03:05] - Which is, I mean, they're making them now so

[1:03:08] that you can, they're better looking.

[1:03:09] - Yeah. - But I I, I appreciate that.

[1:03:11] I think they're, they're a lot of

[1:03:13] - Yeah, no, - Just

[1:03:18] it's, it's a thought.

[1:03:28] - Am I, am I take it

[1:03:29] that we're looking at a landscaping plan?

[1:03:31] There's no comments from this board

[1:03:32] on this landscaping plan.

[1:03:34] - Oh, - I guess we're,

[1:03:36] - I want it mark the time and date. Happy with

[1:03:38] - That.

[1:03:39] It's a good landscaping plan.

[1:03:41] - He's even got - The fall card. Well you could say that.

[1:03:44] - I think it's a great landscaping plan.

[1:03:45] - Oh, she's awake. - There's,

[1:03:48] it's a ni I figure if I don't have anything I

[1:03:51] to say that I know.

[1:03:52] I mean it's a nice variety of

[1:03:56] trees and shrubs.

[1:03:58] I think that, you know, there's significant buffers

[1:04:01] being established.

[1:04:03] I like that there's some landscaping in the cul-de-sac

[1:04:06] and along the streets

[1:04:10] and just, yeah.

[1:04:13] Good species.

[1:04:16] - Would you, are you concerned about the center

[1:04:20] of the cul-de-sac being snow storage?

[1:04:26] - I mean it's, there's a lot of grass there, so no.

[1:04:30] Oh, okay. I'm not concerned.

[1:04:32] I mean, I don't think the snow's ever gonna get all the

[1:04:35] way to the middle.

[1:04:37] And those are pretty big trees on the edges

[1:04:39] that I think will be fine.

[1:04:42] You know, they're far enough away from the edge.

[1:04:43] Like the snow banks end up being the first eight feet.

[1:04:49] Yeah. So they're not gonna,

[1:04:50] - They're - Not gonna go be all the way in the middle.

[1:04:53] - Let's hope we don't have one of those winters

[1:04:55] - Where No, but even last winter, I mean we have, you know,

[1:04:58] my neighborhood has a similar situation.

[1:05:00] I just remember seeing the snow piling up

[1:05:02] 'cause that's where they would put it.

[1:05:04] And it's the first, you know, eight feet

[1:05:08] or so are the big snow banks. Yeah.

[1:05:10] - We typically, typically hire people with loaders

[1:05:13] because a plow can only, can only push so much.

[1:05:15] But a loader can drop the snow where it has to go.

[1:05:17] It makes a big difference. That's

[1:05:18] - Right.

[1:05:21] - Yep. Okay.

[1:05:24] - Are these, I'm sorry, are these gonna be

[1:05:25] condos or single family?

[1:05:27] - Yeah, they'll be, it'll be a

[1:05:28] homeowners association. Homeowners

[1:05:29] - Association. Okay.

[1:05:30] - So actually condominiums,

[1:05:31] it'll be a condominium association.

[1:05:33] - That's what I meant. Yeah. Condos.

[1:05:35] So does the snow clearing company do the driveways too?

[1:05:39] Or are people responsible for the route?

[1:05:40] - We generally do the driveways in the front walkways.

[1:05:41] Oh, okay. Just makes more sense.

[1:05:43] And we try to get the, the landscaping company

[1:05:44] to do all the lawns as well.

[1:05:46] Okay. So it's all taken care of together.

[1:05:57] It might be worth taking a look at wild apple lane

[1:05:59] or a little river just to see how those are all done.

[1:06:01] And those are all done as a condominium association

[1:06:03] and they're very clean and neat looking.

[1:06:05] We saw everything, you know,

[1:06:06] we started to do a nice job with it.

[1:06:35] - Okay.

[1:06:52] So we have two

[1:06:56] motions to deal with here.

[1:07:01] Aren't we there yet?

[1:07:19] - Okay.

[1:07:24] - Did you mark the location of the,

[1:07:26] I know it's pretty well cleared,

[1:07:28] but were there any

[1:07:30] large trees over 20 inches in diameter

[1:07:33] that were marked

[1:07:36] - If we, - Well,

[1:07:41] some odd clusters of trees there

[1:07:43] because they're, they they didn't sell.

[1:07:46] I got stuffed out back. Yeah, yeah.

[1:07:49] With a little father placement, so.

[1:07:51] - Right. - What's very unique about Lee McNaughton is

[1:07:56] she physically goes out in the site,

[1:07:58] you give her the information and she identifies everything

[1:08:00] that's out there and walks every inch of the site to see

[1:08:03] where the trays are and see what she's tying into.

[1:08:05] So this isn't a made up forested area.

[1:08:08] That's exactly what she, she sees on the plan.

[1:08:10] Does a current job

[1:08:40] - Did this is for the board.

[1:08:43] Did anybody discuss with the conservation commission the,

[1:08:46] 'cause I, I missed part of this hearing

[1:08:49] so I didn't have the, get the homework done

[1:08:52] that I normally do on it.

[1:08:53] So the conservation commission memorandum at the end of it,

[1:08:56] they talk about the conservation land

[1:08:58] and they talk about with regard

[1:09:00] to the conservation land dependent density bonus,

[1:09:02] the Conservation Commission also voted unanimously.

[1:09:06] They are supportive in concept of the town holding con

[1:09:10] conservation interest in this land with details on the type

[1:09:14] of deed, easement terms

[1:09:15] and conservation boundary

[1:09:17] to be developed prior to acceptance.

[1:09:21] Anybody discuss that with them at all?

[1:09:24] - No, we haven't. - Aaron, I ran that

[1:09:28] by Christian Smith this morning

[1:09:29] just to make sure we're all set.

[1:09:30] And you said the best answer is

[1:09:31] to have Kristen Murphy sit down with our attorney

[1:09:34] and determine whether they want a, a deed restriction

[1:09:36] or a conservation, however they want to do it.

[1:09:38] That's how we would prepare it. Okay.

[1:09:40] So, yeah, so it's kind of vague

[1:09:42] but Kristen's worked out very well doing this in the

[1:09:45] - Past.

[1:09:46] Yeah, she's very good to deal with.

[1:09:46] It's just, it's such, it's a, you know,

[1:09:51] pretty open-ended comment by them

[1:09:56] with no one from the conservation commission here

[1:10:01] and we're, you know, potentially taking action.

[1:10:04] So appreciate you bearing with us on that item.

[1:10:10] - Do we need a conditional condition on it?

[1:10:14] - Well, I, I think it's up to the board, but

[1:10:20] - Just a - Matter of we know what they would like.

[1:10:23] - Yeah. - I think they're expressing they want input with

[1:10:26] that, but it's, I just,

[1:10:27] I don't love open-ended stuff personally.

[1:10:35] - Yeah. It could be developed prior.

[1:10:37] - Well that's typically prepared with the,

[1:10:39] - It's pretty strongly worded.

[1:10:40] It is, but that's, they don't dictate to us the advise us.

[1:10:45] So the,

[1:10:49] I think that in this, you know, part

[1:10:51] of you gotta look at the, the land itself

[1:10:53] and part of the, part of the restriction on

[1:10:59] the open space for development use comes

[1:11:03] by the nature of it's, well it's, yeah.

[1:11:05] Right. So, you know,

[1:11:07] unless the world completely changes, what they gonna be able

[1:11:10] to do with it in the future other than

[1:11:12] have it as open space.

[1:11:13] And I'm not trying to be snarky, but that is reality.

[1:11:16] So I think it kind of takes care of itself in that regard.

[1:11:20] And I also know that

[1:11:24] policing these things becomes pretty onerous on any body,

[1:11:28] particularly this town.

[1:11:31] Unless there's a group that you know,

[1:11:33] want to be involved in that.

[1:11:35] My my other experience is

[1:11:36] that if you have a homeowner's association,

[1:11:38] which you obviously will, you've got condominiums,

[1:11:41] you've got a private road, you're gonna have some people

[1:11:44] within that community that want to see that preserved

[1:11:49] that it's an attraction to them to be there.

[1:11:53] It's gonna, I think it's gonna self-police itself frankly.

[1:11:58] So being overly concerned about that, I just wanted

[1:12:01] to make sure we discussed it.

[1:12:03] I think we owe it to the conservation

[1:12:04] board to certainly do that.

[1:12:06] But I just wanted to see if anybody had

[1:12:08] had any further talk about

[1:12:09] - Well what that is your intent is it not 100%.

[1:12:12] And what'll happen is there'll be some restriction

[1:12:15] or there'll be some methodology

[1:12:17] with Kristen saying we want this grass cut once a year.

[1:12:19] This is the time of the year to do it.

[1:12:21] And then we'd put that in the condominium documents

[1:12:23] and these people, they adhere to it.

[1:12:24] They by the Bible,

[1:12:26] if it says can be cut once a year at that time they'll do it.

[1:12:29] So we can make that a condition.

[1:12:32] It's a great attraction to have them on

[1:12:34] the backyard to look at that field.

[1:12:35] It's really a great attraction. Absolutely.

[1:12:41] - I don't want to word that, but, but I think, yeah.

[1:12:50] - Yeah. If I remember correctly, when you had the meeting

[1:12:52] with the Conservation Commission, I watched it,

[1:12:55] but it's been a while and I haven't,

[1:12:57] didn't rewatch it for this meeting.

[1:12:59] There was just different languages and,

[1:13:02] and the conditions of the easement.

[1:13:04] Right. And they were kind of waiting for you to come here

[1:13:09] because of the two lots

[1:13:12] that were being proposed off of McKay Drive.

[1:13:16] So yeah, I guess it would just be worded as a condition

[1:13:20] that, based on the approval of

[1:13:25] Kristen Markey and Dave Sharples, something to that

[1:13:29] - Effect.

[1:13:30] - And they work it out pretty clearly.

[1:13:31] They do a nice job with it.

[1:13:32] - Yes, they do. - So at our last meeting,

[1:13:36] I'm just looking at the notes 'cause

[1:13:38] I remember this was discussed.

[1:13:39] It says, Mr. Sharples noted in order for the density bonus,

[1:13:42] the commission would need to accept the land.

[1:13:44] So isn't that by default, like if they have

[1:13:47] to accept the land, they're sort

[1:13:48] of accepting the terms of the easement?

[1:13:51] - Yes, but it, the, the type

[1:13:54] of easement is where it was vague.

[1:13:56] - Okay. - They, there were more than one,

[1:13:58] there was more than one option for the type of easement.

[1:14:02] So I think that's what needs to be ironed out the language

[1:14:05] and type of the easement.

[1:14:07] - Okay. But wouldn't that be like

[1:14:10] by default be ironed out if they need to accept it?

[1:14:13] I guess I'm just wondering if we need a condition for

[1:14:15] - This.

[1:14:16] I, I would feel safer having the condition more comfortable.

[1:14:19] Okay, good. Just to dot the I's and cross the T's. All

[1:14:23] - Right.

[1:14:27] - I mean, I do trust Dave

[1:14:29] and Kristen to do that. And for the,

[1:14:31] - Oh, you've got the cheat sheet

[1:14:32] - More.

[1:14:34] - You do too, but yes.

[1:14:36] - Oh, I see. I've been looking for that. Okay.

[1:14:41] You said they'd leave it for me.

[1:14:44] - I can get first. Okay. - Alright.

[1:14:49] - Alright.

[1:14:54] - Okay. Are we ready to take some action here?

[1:14:58] - Yeah. So

[1:15:04] start with a conditional use permit.

[1:15:08] - We have an open space subdivision motion.

[1:15:16] - Okay. - That's a lot

[1:15:21] line adjustment on the minor subdivision.

[1:15:27] Someone like to make that motion.

[1:15:31] Aren't we ready yet?

[1:15:33] - Did we approve? I wasn't here. Did we approve?

[1:15:54] Did we approve the yield

[1:15:55] - Plan?

[1:15:56] We didn't, but when I asked about it last,

[1:15:58] - It's in the meeting minutes and one, that's

[1:16:00] what I was trying to remember, which meeting

[1:16:02] - I recall the question.

[1:16:03] Basically Dave said like,

[1:16:05] we don't really need

[1:16:06] to vote on it. It's just like you, we kind

[1:16:07] - Of did it by opening it.

[1:16:09] - Well, no, not by opening.

[1:16:10] I think he said when you, if you approve the plan,

[1:16:12] then you're also approving the yield plan.

[1:16:14] - Yeah, there was something. If we

[1:16:16] - Don't approve of the yield plan, then that would,

[1:16:19] that would've, but we don't need

[1:16:20] to vote on the yield plan is what I understood. Said.

[1:16:23] - Do remember Jen, - It's been a while since we,

[1:16:26] - In these meeting minutes somewhere.

[1:16:32] - Shoot. Excuse - Me Ms.

[1:16:38] - Martel's. So

[1:16:44] I don't think it was this one.

[1:16:52] I don't remember reading. We usually do the conditional

[1:16:54] use permit first.

[1:16:58] It's get it first in here.

[1:17:00] Don't usually do the conditions for first

[1:17:03] - Nancy.

[1:17:04] It's line 3 42 of the thank you.

[1:17:06] - Of the September 10, - Page nine of 10. See

[1:17:09] - I was looking at the first one. First.

[1:17:11] - September 10th 10. - Thank you. Thank you so much.

[1:17:16] - This is the benefit of having it

[1:17:17] digitally. I can do a control

[1:17:18] - App.

[1:17:19] Thank you. I think so. I'll get there one of these

[1:17:20] - Days.

[1:17:21] Oh, what's it say?

[1:17:23] - Ms. Martel asked if the board had approved the

[1:17:25] yield plan yet and Mr.

[1:17:26] Sharples indicated that

[1:17:28] by approving the plan they approved the yield

[1:17:30] - Plan.

[1:17:33] - Oh, okay. So

[1:17:35] - Yeah.

[1:17:36] Yeah, I I didn't remember that. Okay.

[1:17:40] Thanks Jen.

[1:17:43] - Yeah, that was August 27th. I just hadn't gotten that far.

[1:17:50] - Okay. Oh, conditional use permit.

[1:17:55] So do we have language here?

[1:17:57] - Oh, we have these two little two approved.

[1:18:00] We usually do this one first and then we do

[1:18:01] that one, that one first.

[1:18:03] Okay. This one. All the conditions. Okay. You

[1:18:06] - Know what I mean?

[1:18:07] - This is just a, - So

[1:18:10] - Yep.

[1:18:12] - This - Is more,

[1:18:15] - You know what I mean?

[1:18:21] - I, I'm willing to make a motion.

[1:18:23] - Okay. - I'm gonna make a motion

[1:18:27] regarding the conditional use permit.

[1:18:30] After reviewing the criteria

[1:18:32] for wetlands conditional use permit, I move that the request

[1:18:35] of BA be associates on behalf

[1:18:37] of Stone Development Plan Board case number 26 dash one

[1:18:41] for a conditional use permit be approved.

[1:18:47] - Mr. Chair the - Discussion? Yes.

[1:18:51] - There is a condition of approval requested

[1:18:55] by the Conservation Commission

[1:18:57] for the conditional use permit, which is the extent

[1:19:00] of lawn's clearing delineated on the plans is marked on site

[1:19:03] with boundary discs.

[1:19:06] - Yeah. Just - On the second back page.

[1:19:10] - Hmm? Get so much paper. I know it. Which

[1:19:14] - One is that? It's the last one under.

[1:19:16] - It's the last one. Oh, okay. Below all the other ones.

[1:19:20] - Okay. Yeah.

[1:19:24] - It's also on our cheat sheet.

[1:19:26] - Yeah.

[1:19:31] So you'd like to add that as a condition?

[1:19:33] - I would like to propose that, yeah,

[1:19:36] the motion be amended with that

[1:19:38] - As a condition on this.

[1:19:39] As condition. Okay. Does the mover accept that? Yes. Okay.

[1:19:44] Second it is there. Second.

[1:19:46] - I'll second. - Okay. Jen second. Mr.

[1:19:51] Do hand vote please.

[1:19:52] Those in favor please indicate for raising your right hand

[1:19:59] opposed Abstentions carries.

[1:20:09] Now you've got the detail vice chair,

[1:20:13] you have the detail, you have to share the detail with

[1:20:17] - All of this means I'm reading

[1:20:18] it. Is that what you're trying to tell me?

[1:20:19] - Does this have to do with the open space

[1:20:21] subdivision motion first?

[1:20:23] - That's what would be part of, yep.

[1:20:26] So while we discuss this as a board a little further,

[1:20:30] right now Dave has a typical

[1:20:36] 11 conditions prepared that he usually reads.

[1:20:39] But I think I'm gonna end up reading

[1:20:44] and then I had come up through this hearing with

[1:20:49] number 12th

[1:20:51] and the 13th, which I'll let

[1:20:52] you folks know what I'm thinking.

[1:20:54] So delete number 12 would be delete number 24 McKay

[1:20:58] from the plan and then make number 14 McKay a duplex

[1:21:04] that may maximize the building envelope while conforming

[1:21:08] to all setbacks.

[1:21:11] And then number 13, I was looking at adding

[1:21:17] in regards to the open space density bonus

[1:21:21] that the language be agreed upon by the applicant

[1:21:26] and the town in terms of the details on the type

[1:21:29] of deed easement in terms.

[1:21:34] Is that alright with you John? That's fine.

[1:21:37] - That's perfect. - That's what I had.

[1:21:42] Does anybody have anything else

[1:21:44] - For the first condition?

[1:21:45] Do we need to say something like it has to be reviewed by

[1:21:47] and approved by the town planner?

[1:21:49] Is that like implied?

[1:21:53] - The design - Implied?

[1:21:54] 'cause he's gonna have to see all this other stuff too.

[1:21:56] Yeah. You know what I mean? But I, in looking at

[1:22:00] what it takes to do it, it's, you know,

[1:22:05] I mean we actually had a

[1:22:06] discussion I'll bring up real quick.

[1:22:08] But you can do a add a unit in a lot

[1:22:11] of properties in this town already by Wright

[1:22:14] without having to do anything.

[1:22:16] That's the way our regs read.

[1:22:18] But you have to, it has to be owner occupied.

[1:22:20] So, you know,

[1:22:21] I don't think there's much that they'd have to do.

[1:22:24] Probably the biggest thing is just making sure they're

[1:22:27] within the boundaries, right?

[1:22:28] Yeah. Modify the building envelope.

[1:22:33] What are you thinking of? I can,

[1:22:35] I can certainly add something Jen if you want me to.

[1:22:38] - Yeah, I just wasn't sure if it needs

[1:22:40] to be spelled out specifically.

[1:22:42] But I mean you're right. I think eventually Dave

[1:22:44] Sharples has to review everything.

[1:22:46] Yeah. So he'll make sure that it

[1:22:47] complies with all the setbacks.

[1:22:49] - Right? So what we're requiring for,

[1:22:52] what we're requiring is we're allowing them

[1:22:56] to use the entire building envelope.

[1:22:58] And that would be something that even code enforcer would

[1:23:01] check for the issue.

[1:23:02] A building permit. So I feel like we'd be okay

[1:23:07] and it's, and the unit count stays at eight so,

[1:23:11] - And do we wanna explicitly call out that it needs

[1:23:14] to stay out of the 75 foot wetland buffer?

[1:23:19] - Yep. That a good one. Well

[1:23:20] - I have in it they may maximize

[1:23:25] the building envelope while conforming to all setbacks.

[1:23:29] And I can say specifically or

[1:23:35] - I - Dunno, what do you want me to say?

[1:23:36] - Yes - And must not encroach on the

[1:23:40] 75 foot wheel and buffer.

[1:23:41] - Okay. - The building envelope.

[1:23:51] - Yeah, - I think that's fine.

[1:23:59] I do want to say that it is a little bit concerning

[1:24:01] that you didn't show that on the plan.

[1:24:04] - Show - What the 75 foot on the,

[1:24:08] - It doesn't, there is no 70 foot.

[1:24:09] It doesn't, I know it doesn't exist.

[1:24:11] - But you didn't ask for a waiver either.

[1:24:14] - Understood.

[1:24:19] - Anybody else wanna add anything else?

[1:24:22] - I think we got - Worked out.

[1:24:26] - Alright, so what I'll do is I'll

[1:24:28] start, I'll make a motion.

[1:24:29] I'll start to read the conditions.

[1:24:31] Feel free to interrupt if something comes to mind

[1:24:36] 'cause it's a long reading.

[1:24:37] I really would love an interruption.

[1:24:39] Alright,

[1:24:45] in regards to open space subdivision motion, I move

[1:24:47] that the request of BA be associates on behalf

[1:24:51] of Stone Ash development plan Board case number 26 dash one

[1:24:54] for a lot line adjustment, minor subdivision

[1:24:57] and site plan approval be approved

[1:25:00] with the following conditions.

[1:25:04] Number one, an electronic as-built plan

[1:25:07] with details acceptable to town be

[1:25:09] provided prior to issuance of a certificate of occupancy.

[1:25:12] This plan must be in A DWG or A DXT file format.

[1:25:17] N-N-A-N-A-D 1983.

[1:25:19] State plain New Hampshire FIPS 2,800

[1:25:24] feet coordinates.

[1:25:26] - I'm gonna stop you for a minute. Yep.

[1:25:28] I think we need to pass this one here.

[1:25:31] First plot line adjustment because of they're all together.

[1:25:36] They're all together. Okay.

[1:25:40] - Paul, they're all together. - Yeah,

[1:25:43] - It's one.

[1:25:46] - Alright. - Do you want me to do it a different way?

[1:25:50] - No, that's fine. Okay. You sure?

[1:25:53] - I think that's what Sharples was

[1:25:56] - Heading towards.

[1:25:57] I think so. Yeah. Okay.

[1:25:59] - Two. A pre-construction meeting shall be arranged

[1:26:02] by the applicant and is contracted

[1:26:04] with the town engineer prior to any site work commencing.

[1:26:07] The following must be submitted for review

[1:26:09] and approval prior to the pre-construction meeting.

[1:26:12] One. The S-W-P-P-P stormwater pollution

[1:26:16] prevention plan if applicable.

[1:26:18] And two, A project schedule and construction cost estimate.

[1:26:23] Three third party construction inspection fee shall be paid

[1:26:26] prior to scheduling the pre-construction meeting.

[1:26:29] Four. The annual port section

[1:26:31] of the storm water management BMP inspection

[1:26:34] and maintenance plan dated May 26.

[1:26:37] 2026 shall be revised by removing upon request

[1:26:41] and adding language that the annual report shall be

[1:26:44] provided to the town engineer annually without

[1:26:45] any action by the town.

[1:26:47] The revise report shall be reviewed

[1:26:49] and approved by the town planner prior

[1:26:51] to signing the final plans.

[1:26:54] Five. The inspection

[1:26:55] and maintenance manual log form in the stormwater management

[1:26:59] BMP inspection and maintenance plan dated May 26.

[1:27:02] 2026 shall be completed

[1:27:04] and submitted to the town engineer annually on or

[1:27:07] before January 31st.

[1:27:09] This requirement shall be ongoing condition of approval

[1:27:12] and including in the con condominium documents.

[1:27:16] Six. All comments in the review letter from

[1:27:19] underwater under Underwood.

[1:27:21] Engineers dated September.

[1:27:24] They're struggling over there dated September 17th.

[1:27:27] 2026 shall be addressed to the satisfaction

[1:27:30] of the town planner and town engineer

[1:27:34] or the designee prior to signing the final plans.

[1:27:37] Number seven. All condominium documents,

[1:27:41] including the declaration

[1:27:42] and bylaws shall be submitted to the town planning

[1:27:44] for review and approval prior to signing the final plans.

[1:27:48] Condominium documents to include maintenance requirements

[1:27:51] for all storm water practices shown on the plans

[1:27:53] and other applicable conditions of this approval.

[1:27:56] Review of the condominium documents

[1:27:58] by the town's attorney shall be at the applicant's expense.

[1:28:02] Eight. All applicable state permit approval numbers shall be

[1:28:05] noted on the final plans.

[1:28:07] All appropriate fees to be paid, including

[1:28:08] but not limited to, sewer, water connection fees,

[1:28:12] impact fees, and inspection fees,

[1:28:14] including third party inspections prior to the issuance

[1:28:17] of a certificate of occupancy.

[1:28:20] Almost there. Nine.

[1:28:23] All landscaping shown on plan shall be maintained in

[1:28:26] any dead or dying.

[1:28:28] Vegetation shall be replaced no later than the following

[1:28:31] growing season as long as the site plan remains valid.

[1:28:35] 10. All lighting, including security lights,

[1:28:38] shall be down lit and shielded so no direct light is visible

[1:28:41] from adjacent properties or roadways.

[1:28:44] And 11, the applicant shall submit the land use

[1:28:47] and stormwater management information

[1:28:49] about the product used.

[1:28:50] The Ptap online municipal tracking tool,

[1:28:54] the PTA submittal must be accepted by DPW prior

[1:28:57] to the pre-construction meeting.

[1:29:09] 12.

[1:29:15] Delete number 24 McKay Drive make number 14,

[1:29:19] McKay drive a duplex

[1:29:21] that may maximize the building envelope while conforming

[1:29:25] to all setbacks

[1:29:26] and not encroach on the 75 foot wetlands buffer.

[1:29:32] Number 13. In regards to the open space density bonus,

[1:29:37] the language and details

[1:29:38] regarding the conservation interest in the land

[1:29:42] will be revised

[1:29:43] and agreed upon in the details regarding the type of deed,

[1:29:48] easement terms and the conservation boundary.

[1:29:51] And then

[1:29:58] number 14, the extent

[1:30:01] of lawn's clearing will be delineated on

[1:30:03] the plans. Marked that

[1:30:04] - That was on the CP.

[1:30:06] - Okay. All right. We're already good with it. All right.

[1:30:08] 'cause we have it on here twice. Okay. Delete. 14.

[1:30:12] Anybody have anything else? No.

[1:30:15] - My - Apologies to

[1:30:16] - Underwater you drink.

[1:30:17] You did great. Whatever things happen. I will second that.

[1:30:21] - Okay. - Okay. Moved and seconded.

[1:30:24] Any discussion again, A hand vote please.

[1:30:28] Those in favor, please use your right hand for aye. Opposed?

[1:30:34] Ab abstentions. Gentlemen,

[1:30:36] - Thank you very much.

[1:30:37] Thank you. Thanks for working with

[1:30:39] - The hammer came down.

[1:30:41] - Good luck with your project. - Thank you

[1:30:46] for your patience and giving us a little extra time.

[1:30:58] - Let's see, where's my Goodnight.

[1:31:04] Thank you.

[1:31:07] - Okay, next on the agenda this evening.

[1:31:10] Thank you for your patience application of Dere

[1:31:14] and Seth Roberts for a conditional use permit

[1:31:17] to restore three areas of buffer,

[1:31:20] totaling 839 square feet by removing lawn

[1:31:24] and installing buffer plantings.

[1:31:26] The subject of property is located at 26 Waley Street

[1:31:30] on the R two single family zoning district tax map

[1:31:34] 54 lots.

[1:31:35] Five dash two highly ward case number 26

[1:31:39] dash 17.

[1:31:42] And who do we have to speak to that please?

[1:31:44] - Thank you, Mr. Chairman. For the record,

[1:31:46] my name is Mark Jacobs, certified Wetland and Soil Scientist

[1:31:52] and the wetland scientist of record for this project.

[1:31:57] I first set foot on this property back in 2015.

[1:32:00] - Could you speak closer to the microphone

[1:32:02] so everybody like me can hear? Thank you.

[1:32:04] - Sorry, miss a Sorry. Is that better? Thank you. Thank you.

[1:32:09] Let's see again for the record, Mark Jacobs,

[1:32:11] certified Wetland and soil scientist

[1:32:13] and the wetland scientist of record for this project,

[1:32:17] which I first set foot on back in 2015.

[1:32:21] And I recognized a number of

[1:32:23] of faces here from the 20 17 20 18 time period when we

[1:32:27] were in front of, do

[1:32:29] - We still look as good?

[1:32:32] - Better. Better, thank you.

[1:32:36] 20 17, 20 18 when we were in front of you for, for

[1:32:41] approvals for the, the project.

[1:32:43] This, this application is for one lot, lot two

[1:32:48] within the subdivision, which is 26 wobbly.

[1:32:53] And due to a communication, too many,

[1:32:57] too many players, if you will, miscommunication between,

[1:33:03] oh, and I should, let me back up for a moment.

[1:33:06] With me this evening is Mr.

[1:33:08] Seth, Robert, the property owner

[1:33:09] and Matt Silva from Profile Homes,

[1:33:15] who, who's built all the homes at,

[1:33:18] out in Rose Farm, if you will.

[1:33:24] So due to miscommunication between

[1:33:30] Mr. Silva, the Roberts, the surveyors,

[1:33:35] the, the, the folks who did some tree clearing out there

[1:33:39] and grading as well.

[1:33:42] Something got lost in the communication

[1:33:44] and part of the buffer that wasn't supposed to get cleared

[1:33:47] of trees or converted to to lawn did get cleared

[1:33:52] of trees and converted to lawn a total of

[1:33:57] a little over a thousand square feet out there.

[1:34:00] And we've, we've submitted an application to

[1:34:05] retain some of that clearing, restore some of it

[1:34:10] as well, and install a, a fence as well

[1:34:16] because the, the, the Roberts have two small children,

[1:34:20] very small children, ages two and four I think.

[1:34:24] And this lot has very steep slopes on three sides

[1:34:30] of, of, of, of the property.

[1:34:34] And we, we met with the conservation commission

[1:34:38] back in August on the 11th

[1:34:41] and they had

[1:34:43] some concerns to say the least.

[1:34:46] And we had a very thorough vetting, if you will.

[1:34:52] I believe in the end they voted six to one to, to

[1:34:57] recommend that the CUP

[1:34:59] that you folks approve the CUP for this location.

[1:35:05] I can, I can dive in a little deeper,

[1:35:08] but at this point I'm just inclined to open it up

[1:35:11] to questions if you folks have questions in the,

[1:35:14] in the interest of not keeping you

[1:35:16] any later than we have to.

[1:35:18] - Okay. - And I,

[1:35:24] I guess I was of the impression that the, the plan

[1:35:27] would be up on the screen,

[1:35:28] but maybe you have it, maybe

[1:35:30] you all have it in front of you. The package? No,

[1:35:32] - We have it.

[1:35:33] We have it. Okay. We have pictures and the Okay. Plan. Yes.

[1:35:37] - And I, I put together a pretty thorough narrative

[1:35:40] addressing all the various criteria.

[1:35:45] - I, I'll just review the confirmation commission

[1:35:50] have two, have conditions that they're requesting

[1:35:54] the planning board consider.

[1:35:55] One is planning seating will be complete

[1:35:57] by October 10th, 2026.

[1:36:01] And secondly, the buffer boundary discs are to be installed

[1:36:04] and confirmed by staff by October 10th, 2026. Right.

[1:36:09] - And we're prepared to, to do that. We've been,

[1:36:11] - I'm assuming that Yeah.

[1:36:12] - Okay. Yeah. That was acceptable to us.

[1:36:14] And, and, and we've been gearing up to do

[1:36:16] that in anticipation of this meeting.

[1:36:19] Yeah. And which 'cause our meeting with them was

[1:36:22] - A day - And time six weeks ago now. Yeah.

[1:36:24] - It's getting cooler - Quite some time ago now. So

[1:36:26] - Notice that the moon's out tonight

[1:36:28] going chill us a little more.

[1:36:29] Yeah. Any questions, comments, concerns,

[1:36:33] - Thoughts?

[1:36:34] I've watched the meeting it

[1:36:36] and the letter covered really they're short letter,

[1:36:38] the conservation commission letter

[1:36:40] to us covered it really well.

[1:36:43] I mean, I, it was pretty clear there was a lot of uniqueness

[1:36:47] as it says in the letter, the, you know, I did want

[1:36:51] to point out that the last paragraph in the ation commission

[1:36:55] that they were concerned about setting a precedent,

[1:36:58] but felt that there was enough uniqueness

[1:37:01] in this particular site to distinguish it from others.

[1:37:05] So that was a big discussion. Yeah.

[1:37:08] Ation commission about setting the precedent. Yep.

[1:37:11] But I appreciated the conversation that hap the conversation

[1:37:16] that happened at the Constitution Commission

[1:37:19] and how everyone was trying to work together to rectify it

[1:37:22] and find dates that we will,

[1:37:24] we'll actually work for everyone.

[1:37:26] So

[1:37:30] - Anybody else?

[1:37:34] - I think it would be helpful if you could just kind

[1:37:36] of give us a short version of just walking us

[1:37:39] through the proposed approach

[1:37:42] as indicated on the plan.

[1:37:46] - Yeah, I, I should, I'll start at the end and,

[1:37:49] and work my way backwards.

[1:37:52] One of the elements of the restoration proposal, two is

[1:37:57] we've allotted annual inspections

[1:38:02] for two years after these plantings are, are installed

[1:38:06] and lawn is moved

[1:38:08] and there's a swing set that's also proposed to be moved out

[1:38:11] of the buffer and that area is restored as well.

[1:38:14] And so we'll be, I'll be monitoring this area

[1:38:18] for two more years going forward

[1:38:21] and submitting status reports to, to, to the town

[1:38:25] for, for their review.

[1:38:27] If you look in my letter of July 8th,

[1:38:33] we we're proposing in the, the lawn area that is proposed

[1:38:37] to be restored, we'll be seeding that with red top and,

[1:38:42] and switch grass and installing shrubs, gray dog, wood

[1:38:47] beak, hazelnut and,

[1:38:48] and highbush blueberry with a minimum height of, of four

[1:38:52] to five feet each, six to feet, six to eight feet on center

[1:38:58] as well for a total of of 15 shrubs.

[1:39:03] And the, and, and,

[1:39:05] and just so you know, the expectation is

[1:39:08] that this won't be a landscape bed that it, it might look

[1:39:12] that way initially upon, upon planting,

[1:39:16] but it's to be left

[1:39:18] to its own devices after that.

[1:39:22] And so whatever seeds in there

[1:39:24] or there are oak trees, there's a massive oak nearby

[1:39:28] that I'm sure will be dropping acorns in this area.

[1:39:31] So I, I expect we'll have a few oak trees in

[1:39:33] there before long as well.

[1:39:36] This area is intended to just be left alone,

[1:39:40] the restored areas to intended

[1:39:41] to be left alone going forward.

[1:39:44] So again, it probably will look a lot like a landscape area

[1:39:47] initially, but I think by the time two years is up, it it,

[1:39:52] it definitely will not.

[1:39:54] So does that answer your question

[1:39:57] - Detail?

[1:39:58] Like if I'm looking at the plan, there's like a cyan

[1:40:03] area that says area to be restored

[1:40:07] per July 8th buffer restoration program.

[1:40:11] So that's the area that the new shrubs will be going in?

[1:40:15] Correct. Okay. And then the orange area is area

[1:40:19] to remain as lawn, so that's just no change, is that right?

[1:40:23] - Yeah, I guess that's one way to look at it. Sure.

[1:40:26] - And then so where, where's the seating happening

[1:40:29] - In, in that sort of cyan colored area?

[1:40:32] Okay. As well as the two green areas

[1:40:35] to the right, to the east.

[1:40:37] - Okay. - Where that's the, the mulch bed

[1:40:40] where the swing set currently sits.

[1:40:43] And, and the mulch will be removed in those areas

[1:40:46] and that will be seeded and planted as well.

[1:40:50] And the swing set will be moved to the southwest

[1:40:55] out onto other existing lawn, but outside of the buffer.

[1:40:58] Okay.

[1:41:03] - And then a fence is going

[1:41:04] to be installed around the perimeter.

[1:41:06] - Yes. And that fence will tie into the house

[1:41:08] in two locations.

[1:41:10] So, you know, you know, it's not a,

[1:41:14] a privacy fence so much as it is a safety,

[1:41:18] it's a safety fence to make sure the kids can't,

[1:41:21] can't get out and,

[1:41:23] and tumble down those, tumble down those slopes.

[1:41:26] It's pretty steep, especially in the rear

[1:41:29] and to the, to the east.

[1:41:31] And, and then the other, the other hazard that,

[1:41:34] that the Roberts were concerned about is

[1:41:36] that the drainage easement that supports gravel wetland,

[1:41:43] I lose track gravel wetland four

[1:41:46] is on their property as well.

[1:41:48] And there are times, like this weekend for example,

[1:41:52] if we get the rain, they're talking about that thing may

[1:41:55] have as much as two to three feet of water in it for as long

[1:41:59] as 48 to 72 hours while it drains down.

[1:42:06] And that, that was a concern that Roberts had as well.

[1:42:10] And that's why another reason for the fence, they,

[1:42:14] they didn't want their children to become statistics.

[1:42:34] - Is that okay, Jen? - Yeah, no, I appreciate

[1:42:37] that explanation.

[1:42:39] Yeah. Good. It's a little, a little hard to follow

[1:42:40] between the text and the plans, but that's great.

[1:42:47] - Any other questions? - Will the fence be

[1:42:52] installed after the restoration?

[1:42:57] - Yes. - Yes.

[1:43:02] - Okay. - Hopefully

[1:43:06] simultaneously too.

[1:43:08] They, they've had their fence contractor on standby

[1:43:12] for the better part of probably a year

[1:43:14] and a half now while all these details worked out.

[1:43:18] And one, one of the reasons for that is, again, just trying

[1:43:23] to get to come to an understanding.

[1:43:28] My schedule also contributed to the, to the length

[1:43:31] of time it's taken for us to get to this point.

[1:43:34] So I I've, I've got some culpability there myself. But

[1:43:38] - Why was the fence line chosen?

[1:43:41] The northern portion of it chosen there as opposed to

[1:43:46] between the lawn and the restoration area?

[1:43:50] - Just for straight lines Really?

[1:43:53] It, it, and it, it, it also follows it, it, it,

[1:43:56] it may not be perfectly apparent from this drawing,

[1:44:00] but it, it more

[1:44:02] or less follows the, the breaking

[1:44:03] slope, the top of the slope.

[1:44:15] - Okay. - But I see kinda what you're asking Dean,

[1:44:19] it the fence goes through the

[1:44:24] restored wetland portion there that they're restoring

[1:44:27] - Well it's not wetland, but it is wetland buffer. It's

[1:44:31] - Okay - In the buffer.

[1:44:32] The fence does go through, through the buffer.

[1:44:34] It isn't a solid fence, it's a,

[1:44:37] I guess it could be described as a chain link fence.

[1:44:39] Okay. It, it'll be, it'll have openings along the bottom

[1:44:42] for small wildlife.

[1:44:45] You know, any deer

[1:44:47] that might be interested in entering the yard,

[1:44:50] probably gonna have to jump over the top, but,

[1:44:59] so wildlife will be able to pass through the area.

[1:45:01] Small, small wildlife.

[1:45:04] - No bears, huh? - Probably let's,

[1:45:07] unless they climb it, they can climb trees.

[1:45:10] They can climb climb fence. They can climb a fence.

[1:45:13] - They sure can. Alright.

[1:45:28] - Any thoughts, questions?

[1:45:32] Anyone prepared to make a motion?

[1:45:36] - I will make it if, okay.

[1:45:37] If I can get the correct pronunciation of Mrs.

[1:45:41] Robert's name? Deidra. Deidra. Thank you.

[1:45:46] I was probably not gonna get that right so I move

[1:45:49] that the request of Mark E. Jacobs on behalf of Deidra

[1:45:53] and Seth Robert Planning board case number 26 dash 17

[1:45:57] for a wetlands conditional use permit be approved

[1:45:59] with the following two conditions.

[1:46:02] One, planting seeding will be completed

[1:46:05] by October 10th, 2026

[1:46:08] and two buffer boundary discs shall be installed

[1:46:11] and confirmed by Staff town.

[1:46:13] Staff on or before October 10th, 2026.

[1:46:19] - Thank you. Is there a second? I second. Thank you Dean.

[1:46:25] Any other discussion? We'll do a hand and vote again please.

[1:46:29] Those in favor raise your right hand opposed Abstentions.

[1:46:35] Have it. You're all set.

[1:46:36] - Thank you very much for your time. Thank

[1:46:39] - You.

[1:46:40] Good luck.

[1:46:40] - The sun moving that swing set.

[1:46:44] - Boy, does that look like a good time?

[1:46:47] - Hands - In the neighborhood

[1:46:48] - There.

[1:46:49] Oh good. People in the neighborhood helped.

[1:46:54] I love that. Thank you.

[1:46:56] Alright, sorry.

[1:47:04] Okay.

[1:47:06] - Alright. Next on the plan here,

[1:47:12] our planner is on the road somewhere.

[1:47:14] I think he's headed towards Hampton now.

[1:47:18] I won't say why, but any rate,

[1:47:24] I don't think there's anything else that we can respond

[1:47:26] to other than the motion.

[1:47:29] Vice chair to adjourn. Motion to adjourn. Okay. Thank you.

[1:47:33] And thank everybody for coming this evening

[1:47:35] and Dean for your service and

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Planning Board - 09/24/26

Transcript