Planning Board - Regular Meeting

more than a couple of weeks. Good to see you all. Uh we will open the meeting. Uh we have a design review for 44 Route 125. If you can come up and introduce yourself and give us an overview and everybody turn that mic on for me. Big button right in the middle. Yep. There you go. Okay. Thank you. You all have um small plan sets and big plan sets in front of you.

Yep. So, uh I'm Nick Loren's uh Jones and Beach Engineers filling in for Wayne Moral uh representing the applicant. Uh Peter Griie, who's also here as well. Um we're here for design review and to answer any questions you may have about the uh proposed site plan. Um the site's located on Califf Highway, um across from Tractor Supply. uh currently operates as a welding and fabrication business um with some exterior vehicle storage. Um the intent of this application is to construct additional gravel storage areas um as well as a building addition. Um also part of this application um is some reveation of existing gravel adjacent to Calif Highway. Um and we are aware that there was some u premature tree clearing in the rear of the site. Um that was stopped um as soon as the owner was made aware. Um stumps are still in the ground. Um and since then uh we've had the wetlands delineated and the design is laid out such that um we don't have any more wetland buffer direct wetland impacts. Um and with that I'll open it to any questions you may have.

What's the purpose of the 1840 foot storage trailers in the back that being added? Peter. Um, sorry. That's a lot of stories. I think this say I think this says 40. I'm Peter Gersie, the owner of the property. Um, this says 40. Oh, then waiting to put 40s on.

We I thought we were going with 20s and mainly for storage. contractor business, my welding supplies, stuff like that, rather than it be outside on the ground and as much additional storage as I can have without any

Yeah. I haven't seen any comments from Glenn yet. Glenn Glenn, I haven't either. Glenn typically doesn't do comments at this particular stage. It's just an application. It this is a design review hearing. So, these are very conceptual. They typically don't get comment letters from our engineer or Mr. Greenwood. Could you turn your microphone on, Bruce? Thank you so much.

Sir, on the original plan, I think it shows a uh a fire protection water line from the other property, from the adjacent property. Yes, I believe it does.

And that should show on here. Maybe it does. Maybe I'm just not seeing it. But, you know, nothing to do with tonight, but just ultimately we ought to see that um previously approved, you know, fire suppression components. And, you know, speaking of like fire issues, I don't think there are many with there aren't many, you know, real fire concerns probably with the containers, but the fire department always likes to see a line or a roadway depicting, you know, the width of a, you know, fire lane basically. So that you know, regardless of where you put the trailer or the boxes or where you want to put them, that there is plenty of room, you know, should some crazy fire break out there that there would be access for the fire department. They like to see a little, you know, turn around area.

Yeah, there is ample room there for Oh, I think there is. There is quite a bit. That would just be a feature that could show. Yep. Yeah, we can on the next set of plans, we can show the truck um running through the site. And to uh to to Bruce's question, um is is fire going to be um looped in and and will they um be weighing in on the project just to make sure that everything is compliant? It's always a condition of approval. I figured. Okay. Um, can you talk a little bit about the gravel access road and is that something that's there now? Are you taking vegetation down to get

get not currently on site? Um, we show the tree line on the plan um as best as we can. Um, right now we're not anticipating any tree clearing over in that area. Um but as they get into construction, they might have some minor trimming to do um as they build that road back there. And is the shape of that and the storage area all to have the wetland buffer? Is that why? Yeah, that's why it's laid out like that. We're not within the buffer, Nick. This area right here in the front right hand front left hand area.

This is currently how much of this has already been filled in into the wetland and what is your plan to mitigate that? So right now I don't believe there's any fill in that wetland. Okay. Um and within that area um you look up a little bit um on the next sheet actually on the site plan. Nope. I think this is existing conditions. Um, so we're proposing currently there's uh some gravel right in that area and we're proposing to uh take that out and reveate that area. Um Okay. Yep.

This area here. Um, also in kind of the southeast corner there, you've got a vehicle parking area, something that looks like trees, and then the snow storage behind the trees. Oh, so it's the it's the same line type as the trees, but that basically that island um that has that line type that looks like the tree line is all going to be snow storage. Okay. Y the existing tree line falls behind that. Okay. Then you might just need that arrow there. Yeah, we can call that out a little bit clearer.

Yeah, I think you just expanded that vehicle display area just when you took over the property. Cleaned all the garbage that puts down some gravel. If if if this is going to be a display area, would you mind showing the display area in its entirety and how many vehicles can be in that display area? I think um you have multiple kinds of vehicles out there at any time. Yeah, there's been a few smaller vehicles. Yeah, basically I guess dump truck size vehicle that type of

Could we just get some delineation of that on the plan set? Yeah, you want we could call it like a square footage of the a square footage. And if we're going to use it as parking spaces, I I I I like to look at it like um like a used car lot for instance. They're allowed so many vehicles on site. I can there's some accountability there. Um if the site becomes too congested, um there's having it well defined and well designated is just a way for us and the applicant uh to be accountable. The square footage may be more descriptive because uh gentleman's line of business a lot of times you'll have trailer trucks there. You have

small trucks. So rather than a count exactly I think a square footage of the display area. I mean is it really a display area or is it just a working lot working parking lot? I think it's both. Yeah. To be honest with you it's wise to to label it as a display area. Yeah. Doug has a question. Okay, if you could just come to a microphone, my friend. Thank you so much.

Doug Finnen, alternate on the planning board on the setback on the uh additional trailers you're putting on there at the 18. Are you doing additional lighting? And if so, what type for safety? probably be solar powered lighting back there because there's no electricity in the rear. You know, see a need putting hot. There are solar lighting lighting up put a put a pole up with some solar powered flood lights that charge.

Yes. They charge during the day and then yeah that's rational request where you get product out there absolutely engineering firm uses we have a light requirement just to shield the lights so it's not a big deal something they will address we also don't have any residential abutters too um so light pollution isn't a big concern on the site but still we have that requirement yeah absolutely Yeah. And now do not

um just thinking ahead, we this zone now can have multi-family residential, so in the future there could be more residential development. Just something to keep in mind. Um yeah, I think I know this is a design review, so I think a lot of questions will be about details like parking spaces, marked, the lighting. I'm, you know, interested more in just how the the flow of things will go. Um, could we do a sitewalk? Folks interested in a sitewalk. Yeah, definitely.

It would give us a better sense. I'm always interested too in I know you said that there's no residential around it, but just what the property looks like and how it looks, you know, around the the edges and along the front. Um, schedules. Yeah. Is that Are you fine with those sightwalk? Absolutely.

Does anybody have a preference? 23rd, 30th. Oh, yeah. Not the 23rd. I shouldn't have said that. Not the 23rd. Um 30th. Do you need more time to The other option for a sidewalk to wait until you have a more detailed plan and get comments from Glenn? I think as soon as we can do a sidewalk so you guys can see it. Um have a better idea of what it looks like. 30th. That works for me. Good.

Saturday. We usually do nine nine o'clock on a Saturday, May 30th. Okay. Um, do we need to make a motion to continue the the hearing? I mean, because it's I take a motion for a sidewalk and and Kristen made that motion. I need a second. Yeah. Continue. Yeah, that's fair. Um, I'll second the sidewalk motion. Uh, in favor for a sitewalk on May 30th at 9:00 a.m. I I Any other questions? Are there any other really nice there so far?

A lot of trash and everything out in the back that we cleaned. Bringing the business back. You know, I'm in the repair business up here family business. Well, good luck to you. Support you. Yeah. No, we we've definitely I have next generation looking forward to. That's great. Somebody wants to get their hands.

Yes. Yes, I have uh I have a few with me that my son, my two nephews, very hard work, employees, my trucking company and it's really um building forward is what because I when I purchased the place he was afraid that I was going to buy it and resell it not interested for the long Our family's been in this business since the end of the Second World War. We've been at it for quite a while. Last remaining beginners generation pretty much I appreciate all considerations and any questions available.

Thank you. Um were I don't think so. Were there any butters here or any questions from the audience? Okay. All right. Thank you. We'll see you in a couple weeks. Thank you. I just got one more question about next. So, after the sitewalk, um full site plan application moving forward. That's on your time frame, sir. Yep. Um you could This is too large an addition for an addendum, right? I would say with the I would I would say yes, 100%. more than 15% of the original building square footage.

Yeah, you're going to have to have fire look at that. I I think it's far beyond what I would consider to be an item that could be placed on an addendum. It's always good to come in and talk to Glenn, too, as you're working on that. Yeah. And get in touch with Yeah, absolutely. Also, the how extent how old the original site plan is. I'm sure this board is going to want to see that updated for future use. Thank you. Thank you. Thank you. All right. Yeah. Are you staying up there? Yes.

Um, so we have a letter of intent from SIG Sour to change the previously approved range reconfiguration. And everybody should have a small set, one of them. Hi. Can you reintroduce yourself?

Yeah, absolutely. I'm Colin Murphy. So, I'm the senior operations manager at the 6h hour academy and and SEC. I wasn't able to do a sitewalk um with some of you, I guess maybe two months ago, something like that. Some people came out, right? So, um while you were out there, you went out to the Patriot area and likely witnessed our new overhangs. um what we've done out there, what was probably still out there was what we like to call our um facilities managers uh house of horrors, which was like, you know, a bunch of these oddshaped conxes and junk everywhere. And so um what we've done is is, you know, we've cleaned that area up. We've removed it. That area um had previous site work, just gravel and and uh had electricity running to it. And so this plan is for an open air um timber framed pavilion that is 100 ft long by 40 ft wide. Uh it's all Douglas fur. So the pad would be a 6-in pad with um footings under each uh 10x10 uh post. Uh it have standing seam roofing. Uh the electrical is on site where it will be built. So we'll go ahead and and branch off of that. The lighting is is is minimal. It's all LED um lighting and and there'll be um you know uh I think three or four fans in it. Um but it but it's open air. Um and that's really um generally what what it's going to look like um in terms of what you see there on on the picture. um a little bit bigger than that in terms of order of magnitude, but um previously a a site with a you know an isore and a bunch of junk on it uh it will resemble you know what you see there in terms of overhangs but the the timber is um larger um and it's it's Douglas Douglas fur

fairly flat minimal sight work so you know in 100 ft you do have um a little bit of of drop. And so we'll bring the the near side to the road down to grade about 5 in and then that pad will be um pushed out 100 ft. And they'll there'll be a you know light light grading, but um nothing that will disturb the you know the the wetland feature which is a man-made pond which I I figured out uh some weeks back which is interesting. But um anyway uh it'll be an event pavilion, right? And so it's not a shooting structure. It's it's when we have our our larger events and stuff, people can come. Um we typically, you know, in place a a giant plastic tent there with some of these larger larger things, right? Events and and and such. So that is the plan barring any questions.

Is is this an application? This is an application. No, what Glenn felt was appropriate um the same thing we did with the range reconfiguration is just a note to file. this really isn't going to hurt the calc the runoff calculations. It it it doesn't really meet the standard for a full-blown site plan, nor did the range reconfiguration. Do I wish they had included this in the last one? Yes. But they're figuring their way through how they want to set this up. And you're you're exactly right. Uh things and that's okay. I mean, I we I can't hold you to one standard and then all of a sudden change that standard. So,

I appreciate that, sir. I'll bring in my marketing team and you can beat them up because this is for them, not me. I mean, this to me, this is something that kind of is a no-brainer out there. Um, it's weather dependent. It's part of what is the furthest away from the experience center. Do you want to be able to people to have lunch on a nice day or hold an event there? bringing in tents um is very uh with the fire department tents are a whole another deal and if we can just get this approved I think it's really a no-brainer for what that area is building for taxation I'm sorry sir

we love a quality building which I tax tax base so after giving buildings we kind

I'm trying my best um and and I will you know, um, forewarn you, you know, some of the other overhead structures that you guys approved and that we built, I think we may build, uh, in the future a couple more of those. Um, so they would be the, you know, other than a a difference in size, they would mimic what's out there now, right? That that hasn't been approved yet, right? Um it's a it's a process for me to get these things approved, but um you know that's on the dock and we'll we'll go ahead and and send advanced warning. Um this was a quick one because we have a a next event coming up um towards towards the end of summer and it was like hey we want this thing out there make it happen. So that's why I'm here.

Welcome to come in peace. I think Mark was just trying to suggest that from an economics or engineering different components of Sure. Absolutely. I'm sorry. Sorry. Uh will there be any propane out here? I know there tanks. Okay. Nope. No. No tanks, no heating. Um you know, the only thing that that will be powered is is the electrical, which is is lighting and and fans. I was just going to say, I don't see an out outdoor kitchen of any sorts.

Um, we typically bring in furniture. Um, we rent that. We're still planning on doing that. There's no there's no permanent fixtures going in there. You know, they typically cater stuff. So, somebody comes in, they lay out a table, we put food in there, and that's and and we rent. Um, you know, we we may see uh in the future we purchase, you know, tables and chairs, but I I don't know if that's a requirement to be approved at this level. Right. Okay. Uh I think though when we were out there there was some discussion of more of a master plan of other things that were going to happen out there. So I think like Mark said,

you know, this this is similar to what you proposed before and we should follow the same process, but if we don't want to like incrementally just keep doing that. Absolutely. So, we'd rather at some point see your vision for the, you know, whatever expansion or whatever.

I will um do my best to get you that as soon as possible. Th this for this area, I think near-term is the last time you'll see like, hey, can we expedite this? Um we'll give you certainly more lead time in the future. um those other overhead structures that's again we haven't even built the business case for those or gone to the man for the funding for it. So um that'll be a little bit but I will I'll go ahead and and rectify uh a master plan in this area um and and give you guys a little bit um more warning on on that. So just not it's not like a yeah no question no issue with that

because this is site plan review we have a little discretion but I think that addendum clause in our book speaks to addendum is allowed for a expansion of not more than 15% of the floor area of the original but it also says there's a limit you can use that dendum one time right maybe we ought to change our zoning requirement or site plan requirement for that

well in addend Enum. An addendum is something that you would record at the Rockingham County Registry of Deeds. It's a letter that Glenn would craft and and there's a recording fee. It's not much, 10 bucks, whatever it is. This is simply just a note to file, meaning we're not creating an addendum. I'm creating a file. These plans go in that file and they go in my office. There's different kind of different levels to that. I I don't think our book speaks to that. We have the addendum allowance. We can also do a note to file size to the number of times it can be employed and I'm fi I'm fine with this. This is great but seems like it's a little bit loose.

This is on the recommendation of Mr. Greenwood. I'm sure when he returns he'd be more than eager to have that conversation. Yeah. I just like to incorporate that authority within our rules. Agree. Because I'm kind of wondering like what do we how do we vote on this? Uh the motion would be to add the note to file for the proposed pavilion area for 6 hour and I'll I'll make I'll I'll move that motion. Second. Any comments or questions from the public? Any further discussion? All in favor? I All right. Thank you.

Thanks, guys. Good seeing you again. All right. Let us know uh what your plans are. Absolutely. All right. Um 2025 to 2030 CIP and impact schedule. Where my

um So this is this is about the emails, correct? Well, uh you wanted them placed on the agenda, so it's your your floor.

All right. So there were some questions um being raised by the budget chair about the CIP and the funds that come in and how they are tracked and so um then one of the questions was what is the planning board's role and I wanted to confirm so um if you are interested in our ordinances starting on page 45 it talks about the impact fees and our role um which is you know doing the capital improvements plan but not um it falls short of tracking. Um on page 50 it talks about tracking and how the funds are collected. Uh the board of selectmen have a role in collecting the fees and seeing how they are spent. Um, we do have the um we do have the ability to update um the plan and update the fees. Obviously, we update the plan. Um, so I do want to look at that and I think it's a discussion with Glenn, but given the um increase in inflation the last few years, I don't think we've looked at the fees. Um,

but I think a precursor to uh adjusting the fee schedule is to hire a consultant to review the CIP guidelines. That's something that, you know, Glenn, we can wait to talk to Glenn about that the next time, but that's that's something that is required. It's not just a matter of us upping the fee or increasing the fee, but it has to be based on the research to back up the Yeah. the methodology. I think we Yeah, I think we should look at it though because I think if the if the methodology is established and the proportions aren't changing, I think but we'll look at it. We have the ability to, you know,

we just need somebody to tell us that. And Bruce Mayberry was a person who instituted our our initial fee schedule, but there it was is based on on a lot of data. It's not just something that we come up with on our own. But yes, it would be a great idea to do that. Yeah, Bruce Mayberry is does not do that anymore. I think we had a a preemptive conversation with resilience planning and they might be interested in doing that, but it's going to be expensive. It's Oh, it is.

It's going to cost us I'm This is I'm just shooting from the hip 50 40,000. But that that's the legal basis by which we can collect. Yeah. And without it you you you can't. So yeah.

Yeah. I again we'll you know we can we can check but I think it our ordinances say that we can redo review and update the impact fee based on our methodology like our existing methodology. we can use that and we can take into account current construction cost u demographic data census information. So I I think there's something we can do short of a a complete review and overhaul to just I just like to see a discussion take place on that. And I know the budget committee we'd have to have a public hearing.

Yeah. in budget committee did have questions on how that was tracked. But the planning board once we institute the fee and the the applicant, the home builder, the commercial applicant pays that fee when they get their building permit to construct whatever they've asked for. But that money is paid to to the town of Brentwood. But is the trustee the trust the trust funds who where does that plot of money somebody the board's never been involved? expressly says within our ordinances, the treasurer. The treasurer. Okay. Yes. Who who has done that all the years we've had the 25 plus years that we've had impact fees.

And I guess I always just thought somebody is keeping track of those expenditures because those expenditures are authorized by the board of slight to spend the money. So we we've never been involved in I don't know that we have the capacity to No, we do not track that. That would be a financial person working for the town would be correct regulated. Yeah. Do that.

We are in charge of the implementation of that fee. The record the recording of that fee on myars the updating of the methodology and the CIP. But we are not uh the board of authority when it comes to the actual tracking and expenditures from those funds. And I'm not sure that we have the technically required uh information to update that as a board. So could we we asked Glenn to we put it put this discussion on the agenda for the next meeting? Um he we would put it on the fourth. He he's away right now. He's on vacation. So it it would be the fourth.

I my my gut feeling is

move with caution. Move with caution. You have to justify that. And that's what the methodology does. I I think as members of the RPC I'm wondering uh Doug and Doug uh there must be somebody Doug I'm sorry I've been out of town for a while but it seem seems like uh we pay our dues there that that is a u that's information or help that the RPC would give our town maybe we could have somebody come from the RPC to explain how that system works not the tracking part but what what what kind of methodology update how specific do we have to be to do that. And even if it was like late June or even the 1 of July, it' be nice to have somebody with some real understanding.

We just updated it in 2022. Uh not methodology. We did. It's definitely since I've been Who who did that work? I thought Hold on. Bruce Mayberry. Who? Mayberry. Did we hire a firm to do that? Yeah. Yeah. It's been probably four years. Um, Oops. I got back. Okay. Well, I think we're all on the same page. So, would you mind asking? Yeah, sure. RPC if they have any resources? Certainly do that. Yeah. Yeah. 2022.

Yeah. And I'm just concerned that, you know, everything costs more than it did in 2020. What was the update by a lot? Just out of curiosity. Um, from what to what? Well, what was the 22 update? I guess this is the methodology right here. Back up. Can you send me that while you have it open?

Sure. Um, I also just wanted to mention on page 51 of our ordinances that um, payment of the impact fee under this article does not restrict the town or planning board from requiring other payments, including such payments relating to the cost of water and sear, which you don't have to worry about, or construction of roads or other infrastructure and public capital facilities specifically benefiting the development as required by the subdivision or site plan review. So, Just keep that in mind. So, there was an off-site improvement kind of thing. Um, supposed to be speaking to it. Yeah. I mean, other infrastructure, public capital facilities specifically benefiting the development.

I'm thinking that's what it is. It's off-site improvements, you know, rather than a diesel lane for development. But that's something else we can ask, you know, our BC to those. Keep in mind, especially um as we see new proposals. Okay. But is there is there Paul is there is there a question on whether or not anybody's been tracking the payments the uh impact fee dispersements? What do you mean is there a question?

Yeah. What why why is the I see there's a lot of talk from the uh budget committee about questioning that and saying where is it? Nobody seems to know where it is. But is the boardman clear as to whose responsibility that is? Well, that is the treasurer's responsibility. So, it is something that we're looking into. Oh, okay. So, yeah, there's certainly a question. Okay. Every house that's going up on Mills Falls is 10 grand, right? Uh, yeah. $9,889. A lot of money. Yeah, it is.

Okay. Um, so that's that that consent agenda. We lost Mark. Um, approval of the April 16th minutes. Um, we'll we'll give Marcus I I'll move approval of the um April 16th minutes. I'll second that. Any comments, changes, questions? All in favor? I I'm going to abstain. I think too.

Um, so Mark, we have you just

Okay. Did you want add something?

Oh, yes. what we were talking about. That's not relevant. All right. Uh in in your packet, you will find right before the minutes, you'll find a letter from Bag Land Consultants. This is in reference to the RULO property and the test pit data that was dug on that property to find any thing that was buried on it uh that shouldn't have been. They identified one area. If you go to the next page and on the back of that, you'll see where the test pits were dug. And if you look on the line down below here, I apologize. One second. I'll bring it up here so we all can do it together.

Is this the area that was logged? The back lot. Yeah, that line represents the portion of the property that's residential to commercial. Yep, I got Okay. So, you'll see on that map where these points are. Those are all I didn't include in your packet the test fit data because that would be a much more lengthier discussion. But

it's it's good so we've all been out there and walked that entire area right here that I'm circling with my cursor that contains brick and concrete that should not have been buried. They're going to dig this up and remove it and bring in clean fill. Um within your packet you have the our town engineer Tara had taken a look at the results from the test bit data and there's a brief comment letter on that. But what the owner of the property and the potential buyer of the property want to know is if you want someone to go out there and witness them digging up the old material before they bring up new material to make sure they get it all. That's something that I am more than capable of doing and witnessing. Um, if you would like me to do that, that's fine. I will do that. If you would like to send the town engineer out there to do that, then we can do that as well.

Doesn't the applicant normally do at least an level one environmental uh survey of the property? Yeah, that that's what this is. It's it's identifying wetlands. They went out and identified all the wetlands on the property. Um, you can see the bottom right hand corner that little the bottom lefthand corner that little flagged area here. That's the flagged wetland area. It's not much on this property. Well, if there is some concern, we ought to really have Ara be the person to sign off. She'd come up and take a look. I mean, she's a credential person to review environmental.

Yeah, it that's all what you guys want to do. I mean, looking at the test pit pictures here, these are all clean. Clean what we're looking at. You see that brick right there? They started scratching around. As you'll notice on your map, once one brick was found, several other little holes were dug. I know this one's upside down. um probe limits, fill brick, cinder block, etc. You can see the cinder block going right there. So, basically what they're going to do is dig that area out.

So, do you have an estimate in terms of how long that will be to do? Uh the potential buyer contacted me and wanted to know if we wanted to witness that or not. You and saying, "Do we want that really?" witnessed. I I think the engineers should do it because it's bound to be questions come up from above as this process continues. We get into the building layout. It's it's it's almost maybe a one day job. It's not a it's probably like a one-hour job. I mean, but do you really need like the engineer out there? Well, I think just to sign off is there's going to be questions. I don't really understand why brick I mean you dig anywhere in this town where there's been old houses and everywhere.

That's kind of my point. Like this is not hazardous material. I know a brick when I see it. Why? Why? Why are they labeling it something that they ought to dig out? Why would you dig something like that out? Because you're not supposed to use building materials as fill and brick and concrete are building materials. Well, when you go over to uh Galloway and in Plasto, there's a mountain there and it's all crushed brick and concrete and they sell it for fill everywhere. These areas here were identified by the bag consultants and you may read their data.

A bag is really working for the developer, the applicant. Who Who is Beg working for? Who bag I don't I'm thinking I I mean I'm I'm not really at liberty or or comfortable speaking about whatever arrangement that the property owner and potential buyer have. I'd like to ask you the question a different way. Did the planning board request that that environmental? No. No. So, but you wanted our engineer to review the data from it.

Well, I guess the developers fine with so developers developer or the bank the institutions loaning the money for all this wants to see that. I'm sure we want to be clear. So, if they're happy. Well, that's where I'm a little hesitant like we have no application of development on this particular piece of property. Is there a high potential that that's going to happen? Yes. Um having this data um is a good start to that process to to answer those questions that a butters uh may have um as to things that may have been buried uh and the test bit data that came back.

I think we can rely on our engineer. We have good confidence in our engineering for employment. Right. But I think what you're suggesting maybe is we we don't need to witness it. We don't have a role here. There's no application and our engineers looked at it and said, "I've identified nothing that would cause me to question or doubt the report's conclusion. It looks to be building materials." So, I mean, if you're our only role here is that this site was flagged for non-compliance. So yes, our building inspector is aware of the compliance issues and is trying to wrap all those compliance issues up before someone potentially buys it.

What appears is the now that we look at it that the bag engineering company has the same knowledge and uh understanding of the process. So, if they're cool with that and SFC doesn't have any issues with BAG, then I mean, I personally would be happy with a good set of pictures. We dug all that area out. Here's the picture of the area. Here's the picture of the embankment around the area that we've excavated. That's a good point. It's obviously not a brick or a piece of cinder. You know what I mean? And the pictures of the clean fill being brought in. I'm happy with that. And but you are the people I'm happy with that. I mean, if I was seeing, you know, barrels of Exactly.

stuff, um, I might wanted to go out there for 10 minutes and see that they're starting to do what they're supposed to do and then take off and tell them to take some pictures. That, too. That's kind of where I'm going with this. Yeah. You know, I don't think you need to spend hours. How How Right. Right. Tell me when you have the hole excavated. No, I don't think it's I guess my question was I mean you or I we don't we don't have any authoriz not authorization but we don't have the credentials to label that. So it would be better if somebody like the BAG people did it that that's perfectly fine whatever whatever this board is comfortable with.

I'm a question comes up it's going to come to us. Are you guys credentialed to do it? No, we just went out there on a coffee break and got to see the two bricks in the bottom of But I guess like I'm still not sure what it is that we are doing that we have any role in. I think the only time we would have a role in it if our engineers came back and said we have reason to believe that there's some environmental issues on the on the property. Shouldn't Shouldn't they be reporting that to our code enforcement even that or the the bank the lending institution is going to want to see certain tests done and it looks like the applicant hired Bag to do just what he knows the bank's going to require. The the land owner did.

I'm assuming he's the one who responsible for it. He's the one being held to his feet to the fire to clean it up. And I imagine anyone interested in buying it would want to make sure that was done properly. Case closed. Moving on. Anybody feel differently? Nope. No. Okay. Good. We turned you around, Bruce. So, pick from spending big bucks on an engineer to Well, it wouldn't be your spending. No, we're not. So, so pictures will will suffice. Fair enough. Thank you.

Um, consent agenda. and a milar to sign. Yep, that's right right behind me. Other business.

Uh yeah, while that's going around, I I have a piece of other business. So, um I wanted to bring this to the board's attention just because I don't really know how this process is how this particular process is going to work. So, I'm just kind of lay out what's going on. So, um, next month, um, the RPC, we're having our annual meeting. Um, and that's when we vote on our slate of officers for the following year. Um, so, um, I'm being nominated for vice chair of the RPC. Um, obviously that's something that I would, you know, love to do. I think that I could continue to help Brentwood in that, you know, particularly in that position. Um, but I want to consult with all of you because my term actually expires in November and so I, you know, would want to defer to you all and to the select board. Um, if you want me to continue serving on the RPC and to and to be vice chair, I would certainly love to do that. Um, but you know, has to, you know, it's up to you with the planning board or

No, my term with the RPC uh expires in November. I vote to reappoint Doug. Yes. have have my support. I think that would be great. Well, so just for a point of order, I think they going to come back. Um, so I just for um I believe the motion would be to recommend to the select works the select board the ultimate authority on whether I will continue. So Okay. Yeah. When that when that h when that comes doesn't sound like it's an issue. We don't need to do it until later. Right. Right. Well, so I just want to kind of get We have like a should we do like a little proclamation kind of?

Well, so the reason I want to bring it up is because they're if I get the sense that you all are good to reappoint me, then I will happily accept the role of vice chair. But I want to check with you all first because I didn't want to be elected vice chair. And then you guys decide, well, we actually really don't like this guy that much. Pull the pull the rig up. So, so, so the the the vibe that I'm getting is that you all like having me there. Is that accurate? I will make a motion in the room. Okay. So, so I would like to make a motion.

I don't know that that means we like you. So, obviously the motion doesn't have to happen tonight, but I wanted to get I just wanted to make sure that that I'm trying to think what's the what's the word like what does Congress do when they just want to make a statement, but it's not a he should be acting here. He's taking a straw poll. Yeah. Yeah. Yeah. That's more what I was doing before the before nonbinding referendum. Yeah. I I just wanted to make sure before the vote next month that that I wasn't being presumptuous. It could be very very embarrassing.

We can have uh let the minutes show that the board supports Doug's continuing um board encourages you to run for vice chair. Okay. Okay. As long as you're on good behavior between now and November. Yeah. Yeah. Exactly. Um All right. That that that's helpful. Thank you. Great. Um, so my planning board term ends uh will will expire in March of 27. So, but he doesn't have to be a planning So does mine. He doesn't have to be a planning board member to be an RPC. That's true. Yeah. Yeah. No, you don't.

Um, question on the consent agenda bills. Did we receive all the document? Did we receive all of these um inspection reports from that's the first one from from SFC? All right. But you're getting like you have is that process working well with SFC? Yes. Brilliantly. Okay. I like working with them very much. We actually share files. Um, they put things into the files for me, alert me when they've done done so. Great communication. Um, I have nothing but positive things to report.

Awesome. All right. Yeah. On the subject of S, um, I know they've been busy engaging and beginning the process. Is there any thought by the given by the board to asking them to start working on a driveway inspection permitting process? I will inquire with Tara about that and to see how many they've done so far and has that given them a good basis for the fee. We we up the fee to 300. Um I will inquire with Jillian because I'm not involved in the billing of that. that goes straight to Jillian,

right? I think, you know, and I think that, you know, the 300 is reasonable and rational, but I think we want to ensure that we have a an approval process, but just as importantly, a post construction because I came in with some people yesterday, you know, we talked here with Glenn about a new driveway being proposed. Uh they're going to apply make that application right off quick. So I didn't know if there was a mechanism in place yet to get them out in the field to look at these. So when this party that's going to apply next couple days when that comes in, who who gets that? I mean Jillian would take the application. Chuck the building inspector. Okay. No, Jillian doesn't get that that application that goes straight to Chuck.

So is is the building inspector the person that contacts SF SFC? Um how does that work? I'm not super sure of his system. I think he might send that information to Jillian and Jillian sends it right out to SFC. If you could just ask about that. I can inquire about that process and see how it's working for them. Is very busy right now, but hopefully with another application coming in here soon that we're going to have a process.

Yeah, Chuck is on vacation at the moment. I think he's due back next week. Um, when he comes back, I'm sure he's going to be extremely busy with with the backlog that's come in. Um, but I will start that investigation with Jillian on Monday if you want. Well, I think it's it's something we've all decided as a board is important. We've seen some issues arise from that. Y and be part of the application that there's the process is right there and it you know like SFC review check. Yeah. Money received check. I mean, I've had that conversation with Tara already, but I I will definitely double down on that to make sure that it's going in a manner that that you'd like to see it happen.

Yeah, I I think we probably all would like to see some sort of a typical driveway layout, you know, make sure that we're having the right type of construction, the culverts of the right construction material. I'll tell you, I'll I'll try to gather an application that has been made, reviewed, installed, reviewed again in completion of that has been completed and show you that process about that. I I think SFC is probably aware of the culvert type that we want.

Yes, that made that very clear. See, I know you see a lot of these things that we don't see, and that's that's great. And I want to apologize. I didn't mean anything detrimentally in terms of the note to file, but when you have a public hearing where you have a publicly noticed hearing and we're approving notes to file, we have nothing in our book that says what that is. How do we apply that uniformly? We need to have some mechanism where a note to file on a simple application like that is great, but there should be something in our ranks that hold out what a what a note to file is. Didn't Glenn explain? He he did. Yeah.

Um I'm just not as wellversed enough to give a presentation on. I'm just saying I will be somebody somebody else comes in and they want a note to file or what the criteria for a note to file? I think it doesn't meet the the uh criteria of addendum, right?

Well, if it is, but then we have we have criteria for an addendum is very specific. It's a a certain percentage, but there's only a one-time allowance for an addendum before you need to have a site plan, a new site plan. That's what a reg say. Now, is that necessary? Perhaps not. But let's change our subdivision regs to uh comport with what you guys think is uh you know, the proper way to do that. The original on six hour was just a note to file. Correct. And this is just now a second note to file. Yeah. Well, well, the the range reconfiguration. Yeah. Was because we're approving a building. You're you're we're talking about moving some sand around and and some Hesco barriers.

Well, that that was a note to file. That's a note to file. You're not changing drastically changing the topography. They've already been through the AOT permit process which the AOT hammered them on because of the new regulations. You're not changing any drainage calculations. Like what are what are you reviewing? You know, like what is there to send to an NG? It's a good size building. The building inspector will issue a permit for fire department will be involved. So there should be again just something to codify what we're giving somebody the authority to do something. That's a good size pavilion that they're building. It's great that they're doing it. It's a perfect no application. It'll meet all building codes. Um,

that's kind of the way I was looking at it. There's no change of use. That's how we normally phrase what an addendum is. Yeah. We're not changing any use. You know, uh, probably doesn't meet the criteria for impervious surface. There's no asphalt out there. Well, again, because we're having a public hearing for or people are notified to come for the next person that wants to build 104. I don't think it I don't think it even was a raised to a public hearing. I don't Well, somebody asked on the agenda tonight. Uh that was the first that was the first one. No butterers are notified. Yeah.

I didn't intake any money from them over it. I'm not consider nothing to review. That's the point. There's there's no nothing to review from a planning board standpoint. From a building inspector standpoint, 100%. We have to review material. We have to review construction standards. The gentleman was here tonight, Bill Starky site. Yeah. He came in, he wanted to build a pavilion like that. What 6500 that's, you know, 6 700 square feet. We would say to him, hey, you have to because that we we actually even a few years ago put in provision that even those temporary shelters, those uh canvas wrapped buildings, we huts on its huts. Yes.

And we say anything that's attached to the ground requires a building permit and requires site plan approval. It's right in our book. It was put in for the um the rock site down there on the Grenice site that came up there. So we changed our regs to require that we say it's called a structure and clearly what I mean I love six hour but clearly what they're building is a structure by our definition. What you could have done as a planning board member you should you should have said if you feel so strongly about that that you should have said I don't think this meets the criteria for a note to file. We should do an addendum or a site plan for it. I Bruce Stevens make a motion that this goes to a site plan. they should create a site plan

and I'm not sure a note to file note to file is a bad thing. I just want to know what a note to file is. Can you can you just ask Glenn to write us a little memo um on his interpretation of this and why he made that recommendation? Absolutely. I can do that. And that's and that's also why I said to him like I don't I don't want to see this again. I don't want to, you know, every couple months see another whatever. Like let's have a Yep. When this came to my office, I met with Glenn. I said, what do you want to do with this? He says, "We should handle this the same way we handled the other the other applications, the note to file." And I said, "Okay, thank you very much, sir."

We can amend our subdivision regime we want. We just have a public hearing so we could come up with a definition of the note to file. That's what you want to call it. Then everybody would know what they had to do to put a note to file. But anybody else in 125, anybody else in the commercial district that wanted to build what they're asking for here that we just approved, which is great, would have to come in and have in addendum to recycle. I would say that it's extremely situational. Well, you can have it situational, but what you write in your Rex, what you write in your in your book is what you have to go by. So, it's fair to everybody. Mhm.

Because you wouldn't let, for example, the uh if Heavenly Donuts said, "Well, we want to put in the same pavilion and so people can sit out there and eat their donuts." I'd be one of them. Well, why are you saying it's you? You are the board, Mr. Steve. It's not me, right? No, you wouldn't let them. I did. You are the board. You may I just want the same standards. Yeah, I I agree. I think we just we need a little information from Glenn. I was going by his recommendation. So if um we're not satisfied with what he comes back with as a legitimate um something that we can rely on in the future then the word the phrase note to file.

Well I think that's what we talked about see them all the time or yeah see them all the time. Maybe you should bring in some notes to the files to file. Maybe maybe maybe Bruce should come in on an afternoon and we can put some notes and files together. All right. Any other business anybody wants?

Uh letard middle road speaking as a private citizen not as a member of any board that I'm currently on. Um just for Nico, can you dismiss my alarm? Um, just for reference, the last impact fee prior to this one that we currently have was in 2014. The total was $9,386. Um, the 33122 minutes, this was discussed for a very long time with Mr. Mayberry. Um, and the number at that time that we're currently using, um, is $9,836. Yes, the eight and the three are just swapped. I don't know when that was actually approved. I couldn't find those minutes. Um like there was one other thing I was going to say about impact fees.

I think the other thing you might want to say was you talked to us several times considering impact that has come up many times not just from me. Yes. I'm not saying you want to bring it forward. So that might be part of our discussion review. Yes. I also know that at one point um I was on this board as a select board representative and we discussed the fact that um Mr. Mayberry is retired and that we should try to find someone and I think the result of at the time was that nobody does this. So

the thing we did hear is Mark pointed out reminded us all Christian that resilience work on our ordinance has somebody or knows somebody. Great. I think I think the plan right now though is to ask the RPC Oh, yeah. if they have advice, resources, suggestions, maybe um guidance on Nobody's ever done it, but if somebody had a large project, you paid a lot in impact fees and they had their attorney look through the requirements for establishing updating impact fees, you know, could be a challenge.

I I think we're I mean, I read the ordinance. I think I think we're fine where we are right now. Mike, but I I don't I don't think that we're doing anything wrong at the moment. I think we're fine. It says slide. Yeah, let's not drum up anything on this. Yeah. No, Bruce, the ordinance we're talking about spending money.

The ordinance, right? I'm just talking about our responsibilities as a planning board. The ordinance talks about I think the 2021 um uh methodology and plan and then it says you know and or any successive plan is the way that it's written and and we have that. Oh certainly yes. My my only question is um yes I think if we wanted to revisit it and reconfigure it and add different categories we need to hire somebody authority but along with the authority comes the responsibility to keep updated

right and that's where I think we may have the authority to simply apply the CIP CPI inflation and and raise them as long as every you know the formula is not changing, the proportions aren't ch you know nothing's changing. It is more complicated than that because again over eight years it only went up by um $50 or no $500 like it it's not just apply a multiplier. Um you have to take a look at the inflationary rate during that time frame. Oh no, it's actually even more complicated than that. I'm I'm sure it is, but we will step by step that but look Yes.

Uh the language in the ordinance I think says that these are due at the time of the subdivision or site plan review. Is that accurate or am I looking at a vote to approve? Okay. They're not. I just want to make sure I'm looking at the right version of actually, as we discussed before, they don't have to actually pay it until it's until they get their certificate of occupancy. Is that accurate based on the ordinance? That's my question. I think Glenn looked that that up first. Uh, but is that what the ordinance?

It's on page 49. Um section F payment of impact fee and it talks about um building permit shall not be issued until impact fee has been assessed and paid or they've established a mutually acceptable schedule for payment and then says impact fees shall ordinarily be paid in full prior to issuance of a certificate of occupancy. Just so you know, that's what you read is contrary to the New Hampshire's RSA that states that you're not supposed to um impose that impact fee until an occupancy permit. So mandating it before you get a building permit is

well I think it's can't we be more stringent than the state law? We can't be less stringent. No, I thought we could No, you you cannot. No. So well and and for clarity I want everyone to know that but practically speaking it says paid in full before the certificate. Yeah but the previous line says that you have to pay it before the building permit or um with an established Just wanted to add that clarity. Thank you. Yeah. Right.

Okay. So, I also saw language that said it was due at the time of subdivision or site plan approval, which is something that happens here. And my question was going to be how does the town or the select board know that you've done that? And it sounds like maybe that's not the process that's followed to collect.

No, that that impact fee is recorded upon the myar. You cannot impose an impact fee. Um, say we updated it and you've already had an approved subdivision and those houses haven't been built. You have to impose the impact fee. that's on the MYAR. That's why we in our subdivision regulations have a requirement that on the MYAR that there is an impact fee endorsement block and in that block is the impact fee that you have to impose for that particular um subdivision. Okay. So, a proposal. So, it's imposed not elected. We confirmed that this board is not responsible for collecting.

It sounds like maybe the select board and or the treasurer are. How do they know? Is there a process whereby they are notified that there is an impact fee to be collected? Well, if the building inspector gets a copy of all subs that the application for the house planner probably practically what does he do? So there is no current process

actually the buck stops with you because you're supposed to sign well you were until we just changed but past years you were responsible for that sign each building application permit application and you're telling me that these impact fees were recorded in something that I would have signed you should have checked all that was not my question. No, I think it has. I don't think anybody's missing. I would disagree and that's why I want to be clear if you're accusing me personally of not

verifying something. Um, that would be an issue that you'd need to take up with the building inspector. We are not the board of authority for collecting. I I was not implying that you were the board. I was trying to understand if there is any process whereby this board notifies anyone else. Yes, we do. It's on it's on the myar that's provided to the building inspector. Okay. And and to assessing just like the myar behind me. It does not have an impact fee endorsement block because it's a lot line adjustment and no impact fee shall be levied. This going to be very interesting. So,

I I think I mean this is I don't know to you guys would No, it's it it's not a resident of the town of um with the questions that have come up and looking at what's laid out in our ordinance, it probably would be helpful to have a summary of, you know, the steps and who's responsible for what so that it it's not lost with, you know, loss of institutional knowledge because it seems like there's, you know, questions just because people aren't sure. Um, but

I would always have assumed that people were executing as they should, but is legal. We are we are we are we are we are not the board of authority on this and I think the planning board is simply spinning its wheels and wasting its time with this conversation. We know nothing. I was just trying to get clarity if there's any notification. Yeah, I answer is no. And that's

the the only reason that I suggested that as coming from the planning board which is just a suggestion is just for clarity for everybody's sake for all parties to know you know we have this part of the process the building inspector has this part of the process the treasurer has this and the select board has that and then flowchart

everybody flowchart steps checklist whatever um just so everybody's really clear and it, you know, there's been changes and probably things um, you know, haven't been steps and processes haven't been clearly spelled out. That's my any other discussion questions. I'll make a motion to adjurnn. I'll second that. All in favor? Hi. Hi. Please.