Planning Board - Regular Meeting

Wednesday, September 2, 2026

The Planning Board approved the Pinkham Brook GLC Solar Energy System site plan application and the Ivy Ridge Final Subdivision Plan application, both with amended conditions. The board also discussed a new preliminary application for the Bowie Hill Subdivision Phase Two, which included a lapsed permit and tree clearing issue, and scheduled a site walk.

About this meeting

Government Body
Planning Board
Meeting Type
Planning Board
Location
Durham, ME
Meeting Date
September 2, 2026

Transcript

844 sections

0:00Speaker 7

Because they projected declining enrollment, but they also didn't have to.

0:04Speaker 3

Like anywhere. Yeah, anywhere people want to be. It's a double-edged sword.

0:11Speaker 7

Consolidating wealth and opportunity. Small pockets.

0:17Speaker 3

So do we need another chair?

0:18Speaker 9

I don't think he's coming.

0:20Speaker 3

Oh, he's not coming?

0:22Speaker 9

No. He said he couldn't make us one.

0:27Speaker 10

Hey Ryan, how are you?

0:28Speaker 7

I'm well. How are you Sunny?

0:29Speaker 10

Good, how are you?

0:33Speaker 3

How's the summer going?

0:35Speaker 9

Good. Summer's winding down.

0:37Speaker 3

It went well. It went well. The leaves are turning. It went. I'm running out of water yet. How are you?

0:50Speaker 7

The yard is very crunchy.

0:53Speaker 3

Yeah. We're getting a lot of rain tomorrow morning.

0:56Speaker 7

Yeah, half an inch or something. Every time it's Sunday, it passes us.

1:00Speaker 3

I know, it was supposed to be today. It always just goes around us.

1:11Speaker 7

They had to mow in like three weeks, so.

1:16Speaker 9

Yeah, you have to mow because you're mowing the weeds. They grow well.

1:19Speaker 7

That's all it grows.

1:20Speaker 8

I can We're good to go at the time. Everything's screaming wild. Thank you.

1:51 – 2:26Speaker 4

It's dark. Yeah. It's dark. It's dark. oh nice

5:06 – 5:26Speaker 10

yeah 631 yeah you're right there all right welcome to the uh september 2nd uh 2026 regularly scheduled meeting of the town of durham planning board um

5:29Speaker 4

We have a quorum.

5:35Speaker 10

And unless somebody has a request, we'll go with the Pledge of Allegiance.

5:46Speaker 9

I pledge allegiance to the flag of the United States of America, and to the republic for which it stands,

6:03 – 6:15Speaker 4

Do we have any amendments to tonight's agenda? I don't have any. Negative. All right.

6:16Speaker 10

Any comments on last month's meeting minutes or our last meeting?

6:28Speaker 9

Good to go. I move to accept the minutes of August 5th as presented.

6:34Speaker 10

I'll second.

6:36 – 6:47Speaker 4

All in favor? Informational exchange on non-agenda items.

6:49Speaker 10

Mr. Thabarge, would you want to roll through your report?

6:53 – 8:47Speaker 8

Yes, I did include the report in the packet that I do monthly for this planning, excuse me, town manager and the select board just to brief them on what we've been doing and also to address other work program things that I'm involved in. So I did update them on your meeting of August 5th and also included in the report an update on the Agriculture Energy District and the formation of that Interim Economic Development Committee that will be meeting on September 15th is the target date to start the first meeting. We have two representatives here. Also updated you on my use and development of AI, artificial intelligence, in terms of processing and pretty much training the system to view projects and produce documents. And it's just, as you've seen in some of the recent reports, it's just greatly enhancing and improving accuracy. It picks up on things. All those nasty typos I miss. And then also, I've dated you on the Select Board's August goal-setting process, where they pretty much went through what their goals are for this year in terms of issues, and they in the past have met with boards and committees, but I think what they're going to be doing is just sending out a report. And my sense was, having watched the meeting, that they're pretty much prepared to delegate the details to staff and the boards, including the planning board. So hopefully we can get, and at the end of this agenda, we have the potential policy issues to be addressed in the next town meeting, and we can get into the details of that at that point. I'd be happy to answer any questions.

8:49Speaker 3

Yeah, I've got a question. The EDC, the Economic Development Committee, so that's meeting on September 15th. Correct. It's not on the agenda. So is that here? And do you know the time?

8:59 – 9:22Speaker 8

I'm looking to GPCOG, the Greater Portland Council of Governments, that's managing that project. And they just got the list of all the members. Okay. The Conservation Commission and Ag Committee just got their representatives communicated. So I anticipate they'll be sending out an email to all members of the committee. And as you point out, we should get that on the website. Okay, great.

9:23Speaker 3

So at some point on the 15th. Okay.

9:26Speaker 8

The date is confirmed or is it still? Well, it's tentative. I mean, that's what the town manager has proposed.

9:34 – 9:48Speaker 4

And we check, obviously, competing meeting schedules. Okay. Oh, yeah.

9:51Speaker 10

Anything else, George?

9:53 – 10:04Speaker 10

Any other comments on Mr. Thabarge's report? Okay, so any informational exchanges from residents?

10:09Speaker 4

Any informational exchanges from non-residents?

10:15 – 10:36Speaker 10

Okay. Alright, continuing business. Substantive review of the Pinkenbrook GLC solar energy system site plan application, not for lot 85. Public comment will not be taken here. George, you want to run through your staff notes?

10:38 – 16:09Speaker 8

Yes, the applicant has submitted a supplemental packet of submissions. addressing some of the additional information that was requested from the board. They did include that as a packet, which I've posted. The full application is still posted under the last ones. But what we really focused here on was the issues that were brought up at the last meeting. As you will recall, there was some focus on the issue of the 100-year floodplain. and what happens when the minimum design storm is exceeded, which is a 100-year flood. It's called a 100-year flood. And so they did have their engineers look at that, and my understanding is that they designed it to pass the 500-year flood. So they've elevated it, and they also put in hardening of the abutment supports so that if you do have one of those catastrophic storms, hopefully it'll pass it without washing up the bridge, which was kind of goal. So that as well as some of the other engineering details have been reviewed by the peer reviewer, Goro Palmer, LJB, and they have pretty much signed off on everything. They did have a few minor details of notes on the plans, but I think those can easily be handled through the draft conditions of approval. Chief Tripp has also endorsed their emergency access and management plan. including the applicants are going to be providing a specialized piece of funding for a specialized piece of equipment to guarantee that if the road is not plowed and somebody's in there, they can get in there to them to provide assistance. They have requested two waivers. One is on the requirement to do a formal stormwater plan. Pretty much other than the road and bridge crossing, It's going to be left vegetated pretty much and is well below the thresholds for having to do a full stormwater plan, which is all those about 150 pages of calculations. And again, LGB has said that they agree that granted that stormwater waiver would be appropriate in this situation. And then they also had submitted a visual impact analysis, as you will remember from the site walk. It's pretty much back in the woods. There's no visibility issue of neighbors or the public. So again, LJB has indicated that in their professional opinion, it would be appropriate to grant a waiver on hiring a landscape architect to do a report and come to that same conclusion. That's pretty obvious. So those were the, and then the last item I think that you had brought up was the issue of containment of their transformer in terms of any chemicals that are in there. They've submitted a proposal to do a specialized fluid, assuming that's kind of biodegradable or something like that, and then containment in addition to that. So I think those were the issues and what actions are required here tonight, if you're uh satisfied with their documentation which is obviously you want to have that discussion would be the stormwater and visual impact waivers and I've embedded those into the decision-making document and you can address those whether to great you should probably discuss it first but when you get to the decision-making document you don't have to take a separate action on those it'll be incorporated into the findings conclusions and draft approval conditions, which are included. And I did a short list of notes of what those are. And again, just suggestion for the review process, confirm that you are accepting those supplemental submissions. Allow the applicant to give a brief update summary, any points of clarification from what I've told you and put in the notes. Again, discuss whether the stormwater and visual impact waivers And then if you're ready, go forward with a review of the draft findings and conclusions and approval conditions. And as we've discussed in the past, rather than reading through every single one of them, if the chairman will just simply bring up the criterion or standard and then ask the board to, if you've reviewed all of the draft findings and the conclusion, And if you want to make any changes to that, additions, deletions, or modifying the wording, someone can make a motion and then you can vote on the amendment and then move on to the next one. So when you go down through all of the 24 standards, by the time you get to the end, you can then indicate an action to approve it with those modifications all incorporated. And the AI, thankfully, is going to between my notes and the transcript of the meeting is gonna keep track of all those and we'll update to incorporate all of those. So that's pretty much it. And I'm happy to answer any questions.

16:10 – 16:50Speaker 3

I have one point of clarification. George, you mentioned that the, I think it's the transformer pad, right? We're talking about, it's not, you're not proposing containment. You're just proposing, not just but you're proposing to grade so that if there is any unexpected spill any spill material would go away from the brook right so you said containment i just wanted to i thought in the notes contained from the watershed against you make the argument great we can maybe hold on okay yeah no i just wanted to correct just just your word that you said in the notes that you typed it doesn't say containment or just wanted to yeah those are two different things thank you

16:56 – 17:07Speaker 10

Okay, so are we okay with the additional submission package that in the final peer review memo that we've received?

17:11 – 18:04Speaker 3

In relation to the peer review, I was wondering, George, where the first set of comments are from LJB or the response. I see the response from flycatcher generalizing those but i don't see the comments directly from ljb in the in the packet and i don't know if i've missed it or i believe the packet the original peer review is probably in the last packet but i do believe that the current peer review should be in this packet i think is it true the first set of comments came on like August 18th, like right before the second set. And you guys worked really fast too to get that. I don't know how you did that. But so there, I don't think the first set could be in the first.

18:05Speaker 5

There were two sets of comments. One was on the 18th and one was on the 21st. Right. The comments on the 18th we responded to with the sawmill packet materials.

18:14Speaker 8

Yeah. The comments on the 21st, it was not insufficient time to provide feedback.

18:19Speaker 3

Right, right, right. No, I get that. No, the comments from LJB. I see the ones from August 21st. I don't see the ones from...

18:27Speaker 8

Okay, the first set is incorporated into their responses.

18:33Speaker 3

Yeah, Flycatcher.

18:34 – 18:45Speaker 8

Yeah. Okay. And then the follow-up, I think, is on page 321 of the packet. Okay. Let me just confirm that.

18:47Speaker 10

I think you're too far down, George.

18:49Speaker 8

No, I'm sorry. That's June 2nd is the page 321. But is this for, this is for Ivy Ridge?

18:58Speaker 3

This is Ivy Ridge. 46 is Pinkham Brook. I was looking at a very far outscaled one. Okay.

19:17Speaker 10

I'm still there.

19:22Speaker 8

Okay, so there is the August 21st peer review. It's on page 46.

19:31Speaker 3

Yeah, I have that one. I don't see the other one.

19:34 – 19:45Speaker 8

Again, the one that they originally responded to is in the response memo. Yep. So all of their comments are included in that response memo.

19:45 – 20:00Speaker 3

Okay. No, I see those. I read those. So that's fine. I think, I don't know, maybe I'd love to hear from the board, but maybe in the future we just make sure that all comments are included in the packet coming from the third-party reviewer.

20:00 – 20:27Speaker 3

Like I think the applicant did a good job summarizing or not even like copying word for word, but it would be good to have the comments directly from the third-party reviewer. So is this a point in time when we can ask questions, or do we just talk to ourselves here?

20:27Speaker 10

No, if we have any other comments on the supplemental information, otherwise we should have the applicant come up and give their pitch.

20:38 – 21:06Speaker 3

Okay. I do have a question about, we talked about clearing windows last time, and you had responded saying that you would at a minimum, I think, avoid clearing between May something and something date. But it doesn't say the exact dates in there, and I was wondering if you could just clarify those dates.

21:06 – 21:21Speaker 2

Yeah, so part of it is... Yes, Jesse Hutchinson with Lancaster. As the agent representing... Pinko, Brooke, JLC, Solar, LLC.

21:22Speaker 6

Jeff Martin with Norwich Solar.

21:25 – 22:14Speaker 2

Yeah, so we tried to kind of be a little careful in our wording because technically we were trying, saying we would adhere at a minimum to the federal requirements and their dates. We won't fully know what their request is for their clearing because sometimes it's like differs between like pup season for bats versus like summer occupancy so we don't have those specific dates until we get their um the permit actually from them so like that'll be a permit condition that's why you didn't yeah so he's like whatever dates that they give us but it's generally kind of during the more um the like summer occupancy kind of period it's I think it's

22:16Speaker 9

Isn't it May 15th through August 15th?

22:18 – 22:43Speaker 2

That's the state. That's like IFNW's general requirements. I think it's April. Their latest one that they gave was maybe between the summer occupancy or the pumping season. I think it's like one of them is April to November. Yes. And that's what the Conservation Commission was asking. They said that you were going to try.

22:43Speaker 3

Yeah. But that a minimum you would you would do the later one, which is May through something.

22:48Speaker 2

Yeah, we would do at a minimum whatever we're kind of required to by the Army Corps and the US Fish.

22:58Speaker 3

And that should be May. It shouldn't change much, right?

23:01 – 23:15Speaker 2

No, I think it's not going to be like, it shouldn't be greater than that, but it would kind of generally be around those time frames. We just didn't want to give specific dates until we get it. what they request pretty much.

23:16Speaker 3

I understand, that makes sense. Yeah.

23:18Speaker 2

I was wondering. The dates are kind of getting confusing now. Okay, thank you.

23:22 – 23:34Speaker 10

Yeah, yeah. So do you want to discuss any new information that's been submitted since the last time we've met?

23:34 – 25:36Speaker 2

Yeah, I think George did a nice summary of kind of what we have submitted. I would say just kind of a little overall overview because now we're talking about the site plan application. So in the site plan application, we're kind of going into a little more detail than what we've been talking about with the conditional use. And so that's addressing directly the solar energy standards that are in the ordinance. So that's including the operations and maintenance plans submittal, emergency response plan, decommissioning plan, some of those kind of more specific things kind of technical details. And then we submitted additional supplemental information in response to the peer review questions. In our response, we also addressed some of the comments of the Conservation Commission, which we'd kind of talked about last meeting, but we just wanted to have that in writing. And then, yeah, so that kind of includes the, most of it was around kind of the engineering the kind of bridge redesigned to meet the 500 year storm rather than a 100 year. And then we also got a letter from the fire chief just to have something written for approval there. And then we also submitted a waiver request for the visual impact assessment with the supplemental information. If you have any specific kind of questions for more on that or on the overall site plan, our site plan application also addressed the standards for a shoreland zone and flood development permit as well.

25:37 – 25:53Speaker 10

Just going back to the transformer. So this is the transformer you plan to buy for this? Or are you going to wait until this contractor... Are you going to direct the contractor to buy a transformer similar to what you're proposing?

25:53Speaker 6

Yeah, what we're committed to is the fluid that's in the transformer, which is a biodegradable fluid rather than a petroleum-based one.

26:01Speaker 10

So it may not be what the spec that you've given us, but that's...

26:06Speaker 6

FR3 or equivalent type of thing.

26:10 – 26:22Speaker 10

Thank you for addressing that and thank you for making the effort to provide some kind of containment there. Where do you stand with the 911 addressing in the street name?

26:25Speaker 6

I believe that's something that's assigned when we get the building permit. It's typically how it's addressed.

26:33Speaker 3

Is that how that works?

26:34 – 26:48Speaker 8

Okay. Basically, they'll have a road address right there. Okay. Because that's all that's back there. Okay. If they were to do more than this development, then they'd be getting a street name and you're going through that process. Right, like a subdivision. Basically, it's just a driveway.

26:49Speaker 10

But in the subdivision, we typically ask for that now.

26:52Speaker 3

Right, but like he was saying, they need a road for a subdivision.

26:55 – 27:20Speaker 8

Yeah, and the code officer cannot assign it until they locate it. In an application permit, because sometimes it's not so much in this case, because they have designed where it's going to go, but in subdivision, they have to know precisely along the 300 feet or 150 feet front where that. So the code officer typically does not assign an address until they apply for the driveway permit.

27:21Speaker 10

Okay. Yeah, I just don't lose sight of that. I know you've had all kinds of conversations with these guys here.

27:27Speaker 10

things go sideways, we just want to make sure everybody knows where to go.

27:31 – 27:42Speaker 3

Yeah. We can make that a condition too, if we want, of the start construction, right? So get the E911 address or something.

27:42Speaker 4

It's a given. They can't do it without a permit. Right.

27:48Speaker 3

So we're focusing right now on whether the application is complete, right? That's what this round is.

27:56 – 28:19Speaker 8

Well, you already have determined completeness. What you did, you're allowed under the ordinance after you determine that it's complete to request additional information that comes up, which is what happened. So I don't think you need to redo the completeness. You just need to indicate whether they've satisfied you. with the supplemental information on the issues that were raised. Right, right, right. That's what I mean.

28:19Speaker 7

The peer review was what we asked for.

28:21Speaker 3

Peer review and then so are the waivers something we have to figure out during this?

28:26Speaker 10

Yeah, I think we'll get through our comment period and then we can move on to the draft findings. Okay.

28:36Speaker 4

Any other comments from the board members?

28:43 – 30:07Speaker 10

I have one regarding the decommissioning plan. The actual estimate was in last month's package, but you verbally state that you'll get rid of or decommission overhead and underground structures, but it's not listed in your cost estimate to be complete. So I'd like to see a number for that exercise. Additionally, I didn't see a cost for the bond, which I think should be part of the lead commissioning cost estimate as well. And lastly, I'd like to see Well, this is my opinion, but I think it would be nice to see an escalation or contingency on that value as well, because you're 25 years out. And I know it's supposed to be reviewed every five years, but it'd be good to see that number now so that in five years from now, when it's revisited, you don't lose sight of the fact that you need to plan for escalation costs or contingencies.

30:08Speaker 3

So you're looking for a table? that shows the next 25 years.

30:12Speaker 10

No, I just think it's a line item. George, do you have last month's, do you have the cost estimate?

30:20Speaker 2

The supplemental.

30:21 – 30:33Speaker 10

It's on a table. It would just be a line item. And I think typically it's like 10 or 20% for escalation or contingency cost on top of the bottom line.

30:34Speaker 8

Right now it's 37,000. That's what I remember.

30:40Speaker 3

What did I say for contingency? Not contingency, escalation. I'm sorry.

30:45 – 31:03Speaker 10

We don't, but I think that number should be listed in the decommissioning cost estimate. So overhead and underground utilities are not specifically listed there. The cost of the bond should be there and an escalation cost.

31:04 – 31:30Speaker 8

Typically on these types of things that they do, they tie it to the consumer price index. So what this does is there's no calculation until every five years. So I think Brian's raising his issue of wording could be included, but just saying that the amount of the bond should be tied to the consumer price index to account for inflation. Something along those lines is how they're typically done.

31:33Speaker 10

Yeah, I'm not sure how it's typically done, but I think it needs to be documented for sure. There's going to be a cost to that, so it should be there.

31:40Speaker 8

We don't know if the applicants have dealt with this on projects.

31:45 – 32:17Speaker 6

So Maine has its own decommissioning. The state has its own decommissioning requirement. And like the towns, there's a requirement to revisit the cost estimate first after the first 15 years and then every five years thereafter. I'm just not quite sure how tying it to a certain escalation rate would then interact with revisiting of the cost estimate every five years.

32:29 – 32:43Speaker 10

Sorry, I'm focused on the broken wing right now. You're right, but I guess I don't want it to be lost in the next five years. I think that it could be overlooked.

32:49Speaker 4

But probably not.

32:49Speaker 10

If it's actually revisited every five years, then those costs would be revisited.

32:56Speaker 6

Yeah. At least when it comes to the state's requirement, I believe that's the intention is to then revisit the cost based on factors such as inflation.

33:07Speaker 10

What about contingency? I don't know what could happen. Anything could happen, really. Would you consider adding a contingency dollar amount to that?

33:18 – 34:11Speaker 6

So, I mean, one of the things that's not... I believe it's actually... required to not be considered by the state is like the salvage value of the project itself. So that's not included in this cost estimate, but there's a significant amount of salvage value from all the steel that goes into the solar array. So, I mean, like in that sense, there actually kind of is a contingency built in because we're not factoring in that value to the to the cost of decommissioning. So we're not allowed to say, well, we could get $30,000 from the salvage value of this, so it's only a $7,000 decommissioning cost. So in some sense, that is a contingency that's just not factored in.

34:15 – 34:55Speaker 10

Yeah, excuse my ignorance. This is the first time we've seen this, and I just want to make sure that I'm trying to cross all the i's and dot all the t's for sure so what have you done in the past this year so that decommissioning cost estimate is what you've typically done on all projects yes yeah yeah again because it is a state requirement it's it's something that we've done on all of our our main projects i'm concerned with the town Of course, you have to meet state requirements, but from a town's perspective, I just want to make sure that we're covered as well.

34:55 – 36:03Speaker 3

I will say that it's not uncommon to have a contingency or an escalation included in a decommissioning financial plan at all. It's not. but what that number is is the question i think george you brought that up like whatever number you said we can refer to the growth number whatever that is um but i have seen somewhere they're like two percent every year or x percent every year um so that's not unheard of and i think it is important because it is gonna it's not gonna go down it's gonna go up um i think A really important part is to make sure that you and everyone else is good with what's listed in the decommissioning estimate as far as line items and costs. Because that's really where the costs are going to be born, right? Like if we're missing anything and like say, you know, you walk away or something happens and we have to decommission the site ourselves, is it really going to cost $37,000 or is it going to be more than that?

36:04 – 36:15Speaker 10

Those are the only three items that stood out to me that are costs that are going to be borne by decommissioning.

36:16Speaker 3

And what does our ordinance say we review every five?

36:19Speaker 10

I think it's five years.

36:22Speaker 3

So the bond will stay at $30,000 or you'll add the things Brian mentioned maybe. You'll consider that.

36:29Speaker 2

Yeah, so could you just clarify again what the like as I'm kind of looking at the list of line items here too, like which pieces you were wanting to see.

36:39 – 36:56Speaker 10

Overhead and underground infrastructure. In written text, you list that, I forget, it's number six. Yeah, exactly. Number six, but it's not listed in your line item.

36:56Speaker 2

The electrical collection system.

36:57Speaker 10

Yeah, right, exactly. That's it.

37:00 – 37:14Speaker 3

Actually, on that note, is CMP, do they require the removal of the poles or do they want them to stay? I know not many projects have been decommissioned yet, but like, I don't know what they want.

37:14Speaker 6

CMP's infrastructure, I imagine, would stay because it's, you know, their poles and equipment. Yeah. The project's infrastructure would have to come out.

37:25Speaker 3

Okay. So you would, of course, just figure that into your estimate that it would be your poles coming out not sampling poles. Right. Right.

37:33 – 37:46Speaker 2

Yeah. So like there is a line item for like a removal of electrical equipment, but it's just not. Yeah. How much is that one? Necessarily specific. I don't have it in front of me. 943.

37:46Speaker 3

Yeah, it's really low. 943? Yeah.

37:50Speaker 10

That's not poles and underground stuff.

37:52 – 38:05Speaker 9

So Brian, why don't we, under finding his facts, There's a couple of items. You have decommissioning plan, then you have financial assistance for decommissioning. Why don't we address it there?

38:05 – 38:16Speaker 10

Yep. I just want to bring it up now and see the applicant's response before we get there and have this conversation again. Okay. Yeah.

38:18 – 38:55Speaker 6

I mean, I will say this is, like I said earlier, this is very typical of the projects, all projects that we do in Maine. it has been reviewed by the town engineer. And then it will also then be reviewed by the state as well, because like I said, they have their own requirement. And so they've reviewed hundreds of these decommissioning plans. So there's also that sort of certainty that the town has that there will be a separate state requirement for a decommissioning plan with financial assurance as well that will also be reviewed by.

38:55Speaker 3

So did we know that? Do we know about that?

38:57Speaker 6

About the state?

39:00 – 39:17Speaker 2

So how does that work? So, yeah, we would kind of submit this plan. The decommissioning plan. Yeah, to the state kind of along with any other kind of state permits. And then they review and it's typically kind of like a couple months.

39:17Speaker 3

Okay. And they review the decommissioning plan. Yes. Mm-hmm.

39:21Speaker 2

Because they have a solar decommissioning law.

39:24Speaker 3

Yeah, okay. So I wonder... That's interesting. I didn't know that. Did you all know that?

39:31 – 39:52Speaker 3

So I just wonder, we have our own standards and our ordinance, but in reality, we might want to be deferring to the state on this. So this is our first one in our town. And I don't work in Maine. So yeah, I wonder if... It's not anything we can fix right now, but something to put as a review.

39:52Speaker 7

I think Brian's point was we don't want to get stuck with a bill as a town. 100%. The state's not going to take care of it.

39:58Speaker 6

It will be a state requirement that the project come out. So it is a state obligation as well. Okay.

40:05Speaker 10

Are you opposed to making those changes?

40:09Speaker 6

I'm just, again, just trying to understand the escalation piece in relation to the then five-year requirement to read this.

40:18Speaker 10

What if we changed the escalation to contingency?

40:22Speaker 6

So adding a contingency line? Yeah. And what would that contingency be?

40:29 – 41:20Speaker 10

I heard 2%. In my old life, it was 10%. Yeah, contingency and escalation. Yeah, right. They kind of intertwine, but they mean something very different. I'm just looking at... Use your discretion. um i would like to see something there so then five years when you revisit it that that that it's not forgotten and that it's there because who knows what could happen that could change your decommissioning plan that you haven't accounted for or the town would have accounted for i don't know what that could be but well it's in the five-year review that's what you'd be looking at that that's just the part that i'm i'm sorry i'm not trying to be um

41:21 – 41:40Speaker 8

difficult but that's just the part that i just am not wrapping my head around is if we've got a cost could go down not likely but theoretically it could be so if you say they've got to build in an escalator Nope, not an escalator now. Well. Yeah, that makes sense.

41:41Speaker 10

And you've seen it. I've seen it. Oh, yeah.

41:43Speaker 3

Not in Maine again. Not in Maine, but in other states. Yeah.

41:46Speaker 6

And in other states, do they have a review, like a review period as well? Yeah, they have a review. Okay.

41:51Speaker 3

Yeah. And I think what it is, is it's like a set escalation. And if it goes above and beyond that, then it can go further up during the review period.

42:00 – 42:15Speaker 3

but it's assumed to be like two or 3% increase every year, but it is reviewed, but it's just a known number that folks can anticipate it going up, you know, but it is still reviewed.

42:15Speaker 7

So it's just guessing what the increase is going to be.

42:18Speaker 3

Well, that's why I said table is because sometimes like a table submitted and saying year one, it would be this year two, it would be this year three.

42:25Speaker 2

So I guess like, is your kind of concern more so in the first few years before it would be

42:32 – 43:15Speaker 10

like visit revisited um no it's my concern really is just it's a cover yourself cost for something that because right now you're leaving yourself no room you're like this is the number if anything goes wrong that or something else comes up that you haven't accounted for you don't have that covered right now and two percent is a small number on that Bottom line. It is. It's just a way to... And it's to cover yourself. It's not really... And the town as well. But just something to hold on to in case you don't know what's going to come up.

43:17 – 43:29Speaker 8

Actually, to clarify, this is only for the town, I think. They have to pay for it. But this is beyond that. They have to guarantee that they will pay for it. That's what we're on this for.

43:30Speaker 8

for the town and for the state so that if they don't, then the town has the money to go and do it. I think that's the intent. Right.

43:38Speaker 10

Bond is separate from contingency.

43:41 – 44:18Speaker 8

Well, the contingency, what you were saying is put that into the amount that has to be bonded, correct? Yeah. But the bond itself should be 100% guaranteed that the developer will do what they say they're going to do, like any other performance guarantee. But yeah, you could, if the majority of the board feels it, you could have them put in a 2%, 10% contingency and address it that way. Probably be better to go in that direction than to try to figure out a formula. And again, recognize in five years, that's what you look at.

44:19Speaker 4

What's the new cost that you're anticipating?

44:25 – 45:04Speaker 3

Yeah. But I wonder if the bond has to include that, would it just be increased? every year um or you add that now right to cover the next five years but you have to you have to read every year anyways 15 is the state requirement with the town requirements i'm looking at the state i'm sorry i had no idea about this i'm looking at the state rules regarding decommissioning it doesn't mention anything about an increase in costs um It does talk about certain things that you have to include in your cost, but it doesn't talk about an increase, which is really surprising.

45:04Speaker 6

There is the requirement to revisit the cost.

45:08Speaker 3

Yes, it talks about that, but it's every 15, right?

45:14Speaker 6

It's after the first 15 years and then Every five years after that.

45:20Speaker 3

Right. So it's the next 15 years.

45:23Speaker 10

But the town requires five years.

45:28Speaker 3

So maybe that's.

45:29Speaker 7

So the town's requirement is stricter than the states.

45:36 – 45:47Speaker 7

And we're not waiting a long time and say it gets abandoned year 14 and the cost is doubled. We don't know. That could be a bad scenario. But three or five years, it's less likely that something like that would happen, I think.

45:50Speaker 6

Very unlikely that a project would be abandoned.

45:52Speaker 10

The bond cost changes with the cost of the decommissioning estimate.

46:00 – 46:52Speaker 3

But it is up to us to review. That's why I said the decomm estimate line items to make sure everything is in there that we want in there. Because that's where the money's, you know, the potential payment for those items is going to come from. If it's not in there in five years and they walk there's nothing we can we can do but i think that's what's most important i'm thinking of this site um it's not farm land so you don't need to like re-vegetate it for that um it is fully forested and so there's you know i don't but i don't know if we're going to want to grade it near the brook you know i don't know how much impact we're going to want so i wonder if like I don't know. It's hard to say what we're going to want in X amount of years at the site to be done. Do we want everything just to be pulled into the site left alone? No grading done?

46:52 – 47:04Speaker 10

Do you want to keep the pulls in underground infrastructure for future years? Do we want to keep that so it doesn't erode? Actually, you don't own the land. You're leasing the land. Correct. You have to get to the landowner.

47:04Speaker 3

Yeah, it's really the landowners.

47:05Speaker 10

What they would want.

47:07Speaker 3

And in the lease, it talks about the removal of the equipment.

47:11 – 47:59Speaker 6

It's in the decommissioning plan. So it's not in the lease itself, I don't believe. But the lease is a 25-year term and then basically up to four years. At that point, it would be up to the project and the landowner to decide if they wanted to re-permit an array at that point or not okay so if the answer is no then it's decommissioned okay so it doesn't say anything about a termination of projects everything must be pulled out or honestly i don't i don't know yeah but i obviously it is a town and state requirement did i read you the language yeah yes the decommissioning plan identifying the party currently responsible for decommissioning timeline and process for decommissioning the system

48:00 – 48:57Speaker 8

and an engineering investment for the cost of decommissioning, including all costs for removal and disposal of solar panels, structures, cabling, electrical components, roads, fences, fencing, and any other associated facilities above ground over low grade, and site restoration to its original condition, including grading, loaming, and seating, The decommissioning plan shall include a description of any agreement, for example, a lease with all landlords regarding decommissioning and include a deadline for completion. So that should be in the decommissioning plan. I think if you want to address that in findings and then address it in the conditions of approval, that could be done. Or if you want to hold off on this until that's straightened out, that's another option.

48:58Speaker 7

So in that case, does that mean the cost of removing the bridge has to be factored in too? Because this road, I mean...

49:03Speaker 8

It says all improvements, basically.

49:06Speaker 7

I don't even know how you... Is that expensive? Moving a bridge?

49:09Speaker 3

If you had that as a line item in there, removing the bridge?

49:12Speaker 10

Putting it all back to its original state is not in there either. Well, they have grading, right?

49:19Speaker 6

Yeah, grading.

49:20Speaker 10

But not seeding.

49:24Speaker 3

Seed. We have seed listed.

49:27Speaker 3

What was the last thing you read about the lease?

49:30Speaker 8

That just said they're going to have the terms of the lease have to spell out who does it, when they do it, how long.

49:36Speaker 3

And they have to talk about the decommissioning in the lease. In the lease, yeah.

49:41Speaker 8

Or it says a description of any agreement with all landowners.

49:46Speaker 3

Oh, okay. So maybe it'd be a separate document, not the lease. There's removal of solar facility.

49:53 – 50:04Speaker 2

Yeah, in your lease. Yeah. Okay. Okay. So it does talk about decommissioning. It's basically within 180 days after the last termination that it would be.

50:06Speaker 3

And the decommissioning estimate and plan was reviewed or completed by an engineer?

50:12 – 50:36Speaker 4

Yeah. I mean, yeah, it was also like peer reviewed by. Right. Yeah. Yeah.

50:36Speaker 7

Because what if the planner says, I like that road, I walk my dog on that road, like on the bridge, I want to keep it. Do they have that option or does it have to be removed?

50:45Speaker 8

Well, theoretically, at that point, they could come in and request an amended site plan approval.

50:51Speaker 7

But it needs to be accounted for as a worst case scenario.

50:55Speaker 8

Yeah, it has to be covered financially for the worst case scenario.

51:05Speaker 4

And this may or may not be modified within the next 25 years.

51:25Speaker 7

Julia, is this something you ever deal with in your professional life? Oh, yeah. Okay.

51:28 – 52:12Speaker 3

Yes. Yes. But again, this is different. I mean, the states I work in don't have a state review process like this. They don't have a... I don't know what that is, a rule, ID commissioning. And a lot of the ordinances that we work with spell it out a bit more, like as far as like escalation or whatever. So... I feel like we're not, we don't want to compete with the state, right? We definitely don't want to do that. I feel like it's a little confusing right now. So I think that maybe our next revision of the ordinance will look at this section. And then maybe I would recommend that we refer or defer to the state.

52:12Speaker 8

Like we did with the code. Or at least have the same rule.

52:16 – 53:22Speaker 3

Have the same rule. Yep. Yep. Maybe consider the, I'd want to look further into the escalation piece though, because prices do increase, I think. And we will be on the hook to do it. So I think that is important. So all that being said, I don't know. Whatever you all want to do here, I have no idea. This is a smallish project, right? This isn't a huge project. I think for reference, 37,000 is low, but it's not like... super low i think if if you look at the items that brian brought up and maybe consider some sort of planned escalation for x years or something then maybe that could cover it i think if it would be all right i think the contingency not rather than the escalation sorry just so that we don't have conflicting plan like we have to file with the state with a decommissioning plan with the state as well so

53:24Speaker 6

I just feel like that could be simpler to do a contingency rather than a built-in escalation.

53:29 – 53:40Speaker 3

Absolutely. Sorry, I keep saying that word. I say maybe propose something like you did with the tree clearing and the fence, you know? Maybe propose something back to us on that.

53:40 – 54:00Speaker 6

Well. Is it possible to agree to something here tonight so that the condition of approval is that we have to include X in the decommissioning plan?

54:01Speaker 10

Yeah. Unless there are any other comments, we can run through the findings and facts.

54:09Speaker 9

Do you want to address the two waivers?

54:13Speaker 8

Should we do that first, George? Just indicate that conceptually you're okay with it, and then you can deal with the specific part.

54:22Speaker 8

If someone has a problem with the waiver, then we need to talk about it.

54:27Speaker 3

Okay. I would like to hear folks. If it's okay, Brian, if I could just start.

54:32 – 55:15Speaker 3

I am absolutely okay with the visual impact waiver, but we cannot see this project. Stormwater, I would love to hear what others think as far as waiving that. requirement of the stormwater plan so a couple things i'm thinking of is that the site is fully forested um it's very close to a brook um there is some terrain here um and you are very close to that five percent it's not five percent yeah that minimum whatever it had to be i think you're 4.9 you had to be at five so um That one doesn't sit as well with me, but I'd love to hear what others think about waiving the stormwater management plan. Yeah.

55:17Speaker 10

Unfortunately, I haven't seen the site, so I'm not that familiar.

55:21Speaker 8

And again, just recall that the floral farmer said they supported it.

55:26 – 55:44Speaker 3

I meant to say that. So they did say that the applicant has met the requirements that need to be met in order to waive this certain thing, but that it's up to the planning board to make that decision. Yeah. And yep, absolutely. So I kind of just wanted to hear from y'all. Are you all good, okay with it?

55:44 – 56:02Speaker 9

They did add the additional riprap around the abutments going across the bridge. So that's going to eliminate, should eliminate that or minimize any erosion there. And that was one of our original concerns and that has been added to that plan.

56:04Speaker 4

So I... You're okay. I'm okay with it.

56:11Speaker 7

I'm okay if Alan and the peer reviewer are okay.

56:17Speaker 3

Yeah, it does help that the peer review did not call out.

56:20 – 56:31Speaker 9

That's one of the big things that we're always pushing is having a peer review. We have a peer review and now I don't think, I don't have reason to be questioning that.

56:31Speaker 3

Okay. Sunny, do you have anything? You agree? Yeah.

56:37Speaker 10

And I think if the pair is okay with it, then I'm good with it.

56:46Speaker 9

So, the consensus of the board is that we are agreeing with the wave is correct.

56:51Speaker 8

Yeah, do we need to vote on that George? No, just you will do it when you do the decision.

56:55Speaker 3

Okay. Why don't we talk about the comments? Do we talk about those just when we get to a topic or something from?

57:07Speaker 10

Well, these would be findings and conclusions, so there should be some in there referring to the peer reviewers comments.

57:15 – 58:09Speaker 3

OK, there was one I would just like to bring it up the. I think he they had asked to see additional specs and measurements of regarding the bridge that proposed bridge and the applicant had responded back saying that it's going to be a later stage thing in which you do get those specs. I'm of the opinion that it would be good to see those specs ahead of building permit. I think that's what the applicant had said, that it's at building permit stage. But I would think that like, LJB brought up elevation, they brought up materials that the bridge would be made out of, the, what do you call it, the apron thing. just some things that I would think would be in the basic design of the bridge.

58:10 – 58:35Speaker 10

Would you know that before? You haven't hired a contractor to perform any of this work, have you? No. So then that would be when the contractor is hired, when they'll submit the bridge design, which will be engineered, stamped by an engineer, and LJB will review those engineered drawings.

58:36Speaker 3

Are they going to?

58:36Speaker 10

That's what I read. I thought they were.

58:40Speaker 3

After this, I think if we approve this.

58:43Speaker 8

Unless the code officer says, and typically they do for something like this, that you've got to have an engineer. They would say they have an engineer stamp on it. Well, yeah.

58:53Speaker 3

I mean, all of the plans have stamps on it.

58:55 – 59:18Speaker 8

I mean, what they've got in your packet is the specs that whatever they do has to meet. LJB has said those specs if they meet that. But I don't think that the LJB is being hired either by the peer review escrow or by the town to review the engineering plan. Calvin could do that, but it's up to his judgment.

59:19 – 59:32Speaker 3

No, but what I'm saying is I think those are important enough that they should be in the design. But I do understand that they're expensive. It's not cheap to do that review or to design it. you know, maybe you're holding off.

59:32 – 59:53Speaker 6

So, and I believe the condition, proposed condition, one of the proposed conditions was that we submit those final stamp designs and that the town has the right to have a third party review those designs at that point. Okay. I believe that was in one of the findings.

59:53Speaker 3

If we could do that and just like anticipate LJB looking at them, the final set, that'd be great. Sure. Because that would include everything in there, right?

1:00:03 – 1:00:52Speaker 4

I'd be okay with that. Thank you. So if we're okay to move forward with findings. Findings, conclusions, and conditions of approval. There's a page four near the bottom. Page what?

1:00:52Speaker 7

Page four near the bottom where the findings start.

1:00:55Speaker 10

Yeah, I know. I'm not on the same page with you all.

1:01:02Speaker 9

Well, it should be item D, article 8.

1:01:05Speaker 10

That's what I'm... Oh, you're in the overall packet.

1:01:09Speaker 10

Yeah, I hear you, Alan, but I'm looking at C, which... No, we're good.

1:01:20Speaker 4

Okay, you're right. It is D. Yeah. Okay.

1:01:25Speaker 10

Article 8. Yep. Sure. Okay.

1:01:31 – 1:01:56Speaker 4

So we have five findings in fact here. Is everybody in agreement with these five? And it includes the waiver for the stormwater management. Yep.

1:01:56Speaker 10

As well as the visual impact assessment.

1:02:00Speaker 4

Yep. As well as the waiver for the vision.

1:02:04 – 1:02:19Speaker 7

Well, it says our actions on the waivers are further down. This is just saying they asked for a waiver. But then I think we grant the waiver further down.

1:02:20Speaker 4

That's correct. Yeah, it is way at the end.

1:02:28 – 1:02:52Speaker 3

I know there were a couple of additional comments from the peer reviewer, and I believe they're minor. And I think we're probably thinking of making some of those conditions possibly. I don't know if that needs to go in this or not. Mention of that. We talk about finding five talks about the two additional submissions addressing the peer review.

1:02:52Speaker 10

Oh, yeah. No, we should add that to this thing before we vote.

1:02:57Speaker 3

just that there's still a couple of outstanding items that we haven't even discussed yet today, and maybe we can down further, but that I think we should make those conditions of approval.

1:03:07Speaker 10

So the addition to Article 8, site plan review submission requirements would be?

1:03:16Speaker 7

The August 21st file period.

1:03:20Speaker 3

Yep, yep, yep, yep. Thank you, thank you. Do you want to read them? You want me to read them?

1:03:26Speaker 4

Yeah, go ahead.

1:03:27 – 1:04:20Speaker 3

Okay. In general, sorry, sorry, sorry. One of them is the proposed roadway contours still do not appear to accurately represent the passing areas. Currently a 12% cross slope is shown within the passing area. So it's update the passing area along the road. And then the next, One has to do with the vegetated ditch. We recommend that the ditch be located on the cut slope side of the section opposed to the fill slope side of the section due to runoff. So those are the two. Do you agree with those? Yes. It's not a big deal to change? Okay.

1:04:20Speaker 2

Yeah, we've already done it. We kind of notify the engineers with those comments.

1:04:24Speaker 3

So in general, we can say...

1:04:27 – 1:04:39Speaker 8

Suggestion on note five, finding five, says the August 19th and 21st. You just add a sentence there, the approval conditions will incorporate the final recommendations of the peer reviewer.

1:04:40Speaker 3

And then we don't have to spell them out again. Yeah, I like it.

1:04:48Speaker 10

Is there a motion?

1:04:51Speaker 4

Again, we can keep track of it and then just approve all of these.

1:04:54Speaker 10

Okay. All right. We all set with site plan review submission requirements.

1:05:04Speaker 10

All right. Next is utilization of the site, and there are five findings there as well.

1:05:16Speaker 4

Any additional comments or edits to that?

1:05:27Speaker 10

No, I like number five, but that's in there.

1:05:34 – 1:06:06Speaker 4

Alan. Okay, next adequacy of the road system. Does this include the bridge? It talks about your ditch. It talks about their revised. Interesting if there's anything else.

1:06:15Speaker 3

We might want to include, I would say it does include, it should include the bridge, right? This is the road. Which is part of the road.

1:06:23Speaker 7

It doesn't binding to. Bridge cross.

1:06:27Speaker 3

All right. Okay.

1:06:31Speaker 10

All right. Number three, vehicular access into the site. Any additions or it is to that.

1:06:39Speaker 3

Sorry, back to that one that we're just talking about the road. Yes. Can should we add that once the final site plans are developed that

1:06:49Speaker 4

The peer reviewer will review ahead of building permit to this one.

1:06:59Speaker 10

For the bridge?

1:07:00Speaker 3

For the bridge, yeah. Well, it's a review of the site plan, but it includes the bridge. That's what I was interested in.

1:07:11Speaker 7

Yeah, the bridge is covered again in the vehicular access. Yeah, sorry. Yeah. Excuse me.

1:07:17Speaker 6

Yeah. Does that... Are you suggesting another review of the full site plan or the bridge design?

1:07:24Speaker 3

I was just talking about the bridge.

1:07:25Speaker 6

That you were talking about earlier. But... I'm sorry I don't have it in front of me. I thought that that was one of the conditions was that...

1:07:35Speaker 3

I think we say that it's up to... It's pretty much they can have it reviewed.

1:07:40 – 1:08:15Speaker 6

Okay. Yeah. I want it kind of like... And you're suggesting it's... They will review it. Will. I guess... my um request is that it would be focused on the bridge rather than i'm okay with that take a look at the language when we get to the sure yes yes visit it yes this will be noted okay we'll do yeah good thought okay moving on to vehicular access into the site any board additions or answers to that

1:08:18Speaker 4

Go with it. Fine. Sunny?

1:08:23Speaker 10

Good. Number four, internal vehicular circulation and emergency access.

1:08:33Speaker 9

Are we all good? It's all been reviewed by the PI chief and documented, so it's good.

1:08:39Speaker 4

Number five, parking layout and design. Any comments there?

1:08:45Speaker 3

Not parking lots.

1:08:49 – 1:09:03Speaker 4

Number six, utilities. Any comments there? No, it's good. It covers our concerns in the last meetings.

1:09:03Speaker 7

The grading and the spillage of the fuel.

1:09:07Speaker 10

I think, I'm sorry, Brian. Don't apologize.

1:09:13 – 1:09:42Speaker 3

I think we had talked about asking for the IA, the interconnection. approval or the agreement from CMP? We have the interconnection agreement. Perfect. And it's in the packet. I'm sorry. I've missed that. So we have that then. Okay, good. So I don't know if we want to add that as a finding, George, that the interconnection agreement, CMP interconnection agreement has been submitted.

1:09:45Speaker 4

That sounds a great edit.

1:09:48Speaker 3

Thank you so much.

1:09:53Speaker 4

Number seven, lighting and signage. Any comments there? No, looks good.

1:10:01Speaker 10

And you haven't decided to add any additional lighting. It's just for maintenance purposes. Nothing's there 24 seven.

1:10:08Speaker 9

No motion detectives for deer and like that.

1:10:13Speaker 10

Number eight, fire protection and public safety.

1:10:19Speaker 4

Any edits or additions to that?

1:10:25Speaker 3

You talking about the fence in here?

1:10:29Speaker 9

It is addressed in here somewhere. I'm not under this particular one.

1:10:33Speaker 3

I don't know if you want safety, public safety. That's part of it, right? The fence?

1:10:45Speaker 7

It's It's in Article 4, or Article 5, we're talking about the fence, so it's further down.

1:10:50 – 1:11:07Speaker 4

Okay. Okay. Number 9, general buffering. It's not an issue based on location. Exactly.

1:11:07 – 1:11:21Speaker 10

And you're going to have the required clearance on either side of the fence, correct? Or maintenance. Tree clearing, you mean?

1:11:21Speaker 6

Or clearance from the panels.

1:11:30Speaker 10

No, I mean on the outside of the fence, there should be a maintenance strip that's maintained.

1:11:38 – 1:11:56Speaker 4

There's a maintained area. Yes. Number 10, historic and archeological resources. Seeing issues there.

1:11:56 – 1:12:08Speaker 10

Financial capacity, we've seen the appropriate argumentation there. Number 12, technical ability.

1:12:08Speaker 3

Just FYI, the DCOM is included in 11, decommissioning plan. I don't know if there was anything we wanted to add to that.

1:12:19Speaker 4

separate financial assurance and required decommissioning.

1:12:25Speaker 10

So, I think it's somewhere, it's further down. So, we do have financial assurance, but we can address the details.

1:12:34Speaker 3

Oh, okay. Okay. I apologize there.

1:12:40 – 1:12:57Speaker 4

Any comments on technical ability? Do you wanna add that the final bridge design will be reviewed by LBJ, peer reviewed by LBJ?

1:13:00 – 1:13:17Speaker 8

This is just a measure of their technical ability. This is not about the town's peer review of that, which is covered elsewhere, I think. So you're just determining that these applicants have the ability to do this project properly.

1:13:20 – 1:13:34Speaker 10

And then it does state something number 3 that the final bridge structural design will be submitted to the town of the stamped plan.

1:13:35 – 1:13:51Speaker 3

Sorry, finding 1, the applicant identified experience, solar development, environmental permitting, civil engineering, surveying and other professional consultants. I mean, the applicant consulted with. What are we saying there? Identified?

1:13:52Speaker 8

Well, their packet includes other professionals, including crabs. Right, right, right.

1:13:57Speaker 3

We talked specifically about crabs. I was just thinking flycatcher was, you know, the lead permitting. I just wonder if that's...

1:14:03Speaker 8

Pretty much all of that is documented into the actual list of submissions. Okay. All of their professionals are listed.

1:14:10Speaker 4

Yeah. Okay. Yeah, yeah.

1:14:16 – 1:14:31Speaker 10

Thank you. All right. And on to Article 5, solar energy submission and design standards, project classification and capacity. I think we're good with that.

1:14:32 – 1:14:44Speaker 3

And I just want to say that number one is really important, and I like how LJB picked it out, that we have large-scale ground-mount solar in our ordinance can be this

1:14:45 – 1:15:18Speaker 10

site plan and conditional use or you might need to go to contract zoning so it's important that we mention that so okay installer owner operator on property authorization we've seen the contracts with the building owner and cmp I'm building, or I'm sorry, property owner in C&P.

1:15:22 – 1:15:52Speaker 10

Electrical design and equipment specs. We've seen some, but I think it really is based on whoever you hire to build this to see the final specifications. Yeah, it's really dependent on what kind of approved submittals you get from the contractor.

1:15:53Speaker 7

It does call out the biodegradable fluid, though.

1:15:59Speaker 10

Setbacks, height, and layout. Everything checks there. Fencing security and emergency access. There's your fence.

1:16:09Speaker 4

Yep, there it is.

1:16:17Speaker 10

I'm just going to roll through. You guys just jump. Visual impact and screening. I think we're good with that. Vegetation management.

1:16:26 – 1:16:44Speaker 4

We've seen their O&M plan. Noise, glare, and lighting. We talked at our last meeting, we talked about any noise from the generator, which would be

1:16:45Speaker 10

insignificant when you're within the boundary.

1:16:50Speaker 4

The next one talks about that.

1:16:54 – 1:17:07Speaker 10

Utility connection. Yes. Emergency services plan. We've seen that. The fire chief was good with that. Stormwater erosion control, wetlands and water resources.

1:17:18Speaker 10

So based on the peer review, we're okay with the waiver for the stormwater?

1:17:31Speaker 10

Bridge crossing and flood hazard. They've gone above and beyond what's needed there.

1:17:39 – 1:17:50Speaker 4

Thank you. plan we've seen, decommissioning plan we talked about.

1:17:52 – 1:18:13Speaker 3

Sorry, let's go back to bridge crossing. So we talked about number six, the final bridge and abutment structural design will be prepared and stamped by the selected bridge vendor or other main licensed professional and submitted to the town prior to construction. You might want to add there that ahead of that LJB will review.

1:18:15Speaker 10

Yeah, some of this is very redundant. It is redundant. George, we should talk about this.

1:18:19Speaker 3

This is the first time we're going through this like this, so that's why, like, oh, this is down here. Oh, let me talk about this again. There's a lot of redundancy.

1:18:26 – 1:18:41Speaker 8

Yeah, let me address that point. It is redundant. However, what you're doing is you're documenting that this applicant has met every criterion. So if there's duplication, they're submitting the same comments and materials, and I think that's okay.

1:18:41Speaker 3

Yeah, I'd rather that be the other way around.

1:18:42Speaker 8

I think if AF was ever challenged, you will point to that is the documentation, and that's the basis on which you made your decision. Okay.

1:18:54Speaker 3

No, like, what kids can bend? I'm sorry. I don't feel too well. I think I'm going to leave early. Oh, yeah. Yeah, yeah. Okay. Good to see you.

1:19:05Speaker 4

Good to see you.

1:19:07 – 1:19:26Speaker 4

We still have a quorum. We still have a quorum. Okay. 13 we've seen the O&M plan. Any comments there?

1:19:33 – 1:19:54Speaker 10

Decommissioning plan we've discussed and so we'd like to see in the line item removal of overhead and underground structures. the cost of the bond, and a contingency line item. You're okay with that?

1:19:55Speaker 4

Mm-hmm. Great.

1:20:09 – 1:20:25Speaker 10

All right. So number 15, financial assurance for decommissioning, this is going to have to be reviewed by our town attorney. Once you've made some adjustments, we'll pass that by them.

1:20:27Speaker 4

Okay. Okay with that?

1:20:34Speaker 4

Any other comments there at this point?

1:20:38 – 1:20:50Speaker 3

Just to clarify, we're asking the lawyer to review the bond form or the decommissioning plan or the estimate. or all of the above?

1:20:51Speaker 7

It's just financial assurance. Financial assurance, which would be the bond form.

1:20:55Speaker 3

Making sure it's a legitimate bond. Right, okay, great.

1:21:07 – 1:21:36Speaker 4

Number 16, outside permits and continuing compliance. We've discussed DEP, MDOT, I love CMP, Corps of Engineers, right? Any other comments there? When do you think you're going to get your Corps permit?

1:21:39Speaker 2

So it has been submitted, but it's about like, I can't remember. It's like 45.

1:21:48Speaker 4

45 to 60 days. 60 days.

1:21:49Speaker 2

A couple months out.

1:21:52 – 1:22:04Speaker 3

Maybe we add. It depends on their staff. Once we get your core permit, right, that's going to show the dates for the back clearing. So I don't know. Do you submit that to us anyways?

1:22:05Speaker 6

I think I'll have to state.

1:22:07Speaker 3

We just want to see that those dates that you're going to adhere to the tree clearing. Not tree clearing. So whatever those dates are.

1:22:18Speaker 8

So probably a condition could be that they submit those permits once they're issued to the town.

1:22:23 – 1:23:10Speaker 3

Yep. Perfect. And then note about finding one, we say at the end, all required permits and approvals must be obtained before the related activity begins. I'd like to propose a revision and say all required permits and approvals must be obtained before building permit received. Right? Versus related activity begins because really you know like cmp has to do with utility stuff and sometimes that doesn't happen until later in the project and but you want you get that approval before you already have that approval with the interconnection agreement right like you'll you'll have all of this before you get building permit yeah we should have all of our state and federal permits before we get a building permit yeah

1:23:17 – 1:23:33Speaker 4

You get that George yeah okay. Article 14 shoreline zoning standards. Any comments revisions to this.

1:23:42 – 1:23:56Speaker 3

So this is where we would want to. bring out the specific comments from LJB or no, we already covered that, right? They did comment about the rip rap, right?

1:23:58Speaker 4

Yeah, it's in number 15. Yeah, number 15 covers that.

1:24:02Speaker 4

Sorry about that. I think so. Yep. 15 floodplain management standards.

1:24:18Speaker 7

Yeah, like I said before, they want to bump beyond going to 500 a year here, so. Yep. I'm good with it.

1:24:23Speaker 4

I'm good with it. Julia?

1:24:32Speaker 3

I think so. We'll talk about the final comments at the end.

1:24:36Speaker 10

Well, if you have something, I think we should bring it up pretty quick.

1:24:38Speaker 3

Well, where is the riprap comment?

1:24:43Speaker 9

It was in their design, so.

1:24:45Speaker 4

It's in Article 14.23. Then article 15, finding 5.

1:24:55Speaker 10

Remaining floodplain related plan comments to show the rip rap line and bridge cross section.

1:25:02Speaker 3

Okay, great. So that one's in there and then. The passing area contours is in here too.

1:25:11Speaker 7

I think it just called out the August 21st.

1:25:19Speaker 8

findings earlier mentioned refer to those comments, because those came in too late to submit for the meeting.

1:25:26Speaker 10

Okay, that's fine.

1:25:31 – 1:25:45Speaker 4

Sorry, delete the stormwater submission waiver. Okay, with that, and they've submitted the appropriate form.

1:25:48Speaker 10

It was actually in, it's not in this package, but it was in last month's package.

1:25:53 – 1:26:19Speaker 4

I'm okay with it. The peer reviewer's okay with it, so. And the visual impact waiver, I'm okay with that. Yep. You all? Yep. Good with that one. All right, decisions and conditions of approval.

1:26:25Speaker 10

George, will these be amended based on the comments that we've just made for?

1:26:32 – 1:26:44Speaker 4

Yes. All right, so there are 16 draft conditions of approval.

1:26:55Speaker 3

but there's more per what we just talked about, right?

1:26:58 – 1:27:16Speaker 10

So it's kind of like a... No, and I think we've been through this. You all seem to have agreed to our previous conditions, so that will all be documented in the final meeting minutes from tonight. I don't think there's anything more that we need to add to these, correct?

1:27:17 – 1:27:46Speaker 6

Can I just, sorry, can I ask just one clarifying thing on the decommissioning plan that I was just thinking about? Mm-hmm. The cost of the bond, is that something that we could provide a cost estimate that's not part of the decommissioning plan? Because it's not a decommissioning cost. And I just don't want two different decommissioning plans, one with the town, one with the state, that could get complicated. So just provide a cost estimate for the bond separate from the decommissioning plan.

1:27:46Speaker 10

I think it needs to be part of it.

1:27:50 – 1:28:18Speaker 6

Say that again? The cost of the bond is not a decommissioning cost. It's the cost that the project's paying for up front. And so rather than putting it in the decommissioning plan, provide the town with an estimate for that cost that's separate from the plan. And then because we have to submit a decommissioning plan with the state, I would prefer to keep the plans identical so we don't have two separate decommissioning plans for

1:28:19 – 1:28:32Speaker 3

Yeah, actually, can I ask, what do we, why are we asking for that cost? So we're talking about like the, it's like a 5%, 10% bond fee. Right. Right, to get the bond. Right. That's what this cost is.

1:28:32Speaker 6

I mean, realistically, that's something that we have to get. Is borne by the applicant. That we have to pay for. Right.

1:28:40Speaker 3

So why do we?

1:28:41Speaker 6

It's not a decommissioning cost.

1:28:43Speaker 3

Right. You don't want to include that in your decomm estimate.

1:28:45Speaker 6

I don't want to include that.

1:28:46Speaker 3

The state doesn't need to see that. Right. They don't want to see that. Yeah, so what are we including it for?

1:28:54Speaker 6

And ultimately, the town's attorney is going to review that financial assurance too.

1:29:00Speaker 3

Because it ends up being whatever it is, and you have to pay it to get it.

1:29:05Speaker 6

Right, exactly.

1:29:07Speaker 3

And I think it's a renewal, really, to keep the bond going.

1:29:12Speaker 8

Yeah, they're on the same lines. They're not required to bond for the road or anything else.

1:29:16Speaker 3

Right. So I don't know why we wouldn't even need to know that. But I know it's brought up.

1:29:26Speaker 10

I thought it was our requirement to include the bond and just running through it right now.

1:29:35Speaker 8

From the ordinance? Yeah. Yeah, I'm fine.

1:29:37Speaker 3

That could be it.

1:29:39Speaker 8

Well, let's take a look.

1:29:43Speaker 3

estimated decommissioning costs and how the set estimate was determined.

1:29:59Speaker 4

Decommissioned funds. Okay, you want me to read you that language again?

1:30:11 – 1:30:30Speaker 8

Okay, cool. Uh, engineers estimate for the cost of decommissioning, including all costs for removal and disposal of solar panels, structures, cabling, electrical components, roads, fencing, and any other associated facilities above ground or below, and sites and restoration to its original condition, including grading, welding, and seeding.

1:30:30Speaker 4

Nothing to mention on the lawn.

1:30:37Speaker 10

You changed it.

1:30:42Speaker 4

For other projects, how much have you paid for the bond?

1:30:45Speaker 8

I don't know. I don't know.

1:30:47Speaker 3

It's like 10% of, if it's going to be $37,000, it'll be like $3,000. Not even, maybe. Yeah.

1:30:58 – 1:31:09Speaker 6

$3,700, something like that. But I mean, for fine sharing of estimated costs, I just don't want it to be part of the decommissioning plan.

1:31:13 – 1:31:24Speaker 4

So, George, if you go to the next number 14. Number 14 in the findings?

1:31:24 – 1:31:36Speaker 10

No, number 14 in the land use ordinance under decommissioning or, you know, it's not under decommissioning, but it's number 250-5.2514.

1:31:47Speaker 3

This is talking about.

1:31:48Speaker 4

This is all about the letter of credit bond.

1:31:50 – 1:32:44Speaker 10

Yeah, and it says, shall I read this? Prior to the issuance of any construction permits, the owner operator shall submit a financial guarantee in the form of a performance bond, certi bond, irrevocable letter of credit, or other form of financial assurance acceptable to the town attorney to provide assurance the facility will be properly properly removed and remediated upon abandonment or termination of production so that tells me that a bond needs to be accounted for in the commission so we in order to provide that to the town attorney we would have to pay for that insurance um so that's an

1:32:45 – 1:33:02Speaker 6

I guess what I'm saying is that's like an upfront cost to the project. It's not a decommissioning cost. It's a cost that the project has to pay for upfront for that attorney review. So it's not typically something that we include as a decommissioning cost.

1:33:04 – 1:33:24Speaker 4

It's an upfront and ongoing project cost. Yes. Agreed. the decommissioning cost is the cost to actually decommission the system, right?

1:33:25Speaker 6

Like what is that gonna cost?

1:33:26 – 1:33:48Speaker 10

All right, I'm not gonna read all of 250-5.25, but I think we need to adhere to number 14 regarding this bond and get the attorney's blessing

1:33:49 – 1:34:05Speaker 4

that what we have satisfies our manage ordinance. I think we have that already. We need to add it. Where? 250-5.25.

1:34:05Speaker 3

And then you're 14. So draft condition of approval number 13,

1:34:20Speaker 8

does mention getting the town attorney to approve the form at the moment.

1:34:29Speaker 10

Fantastic. Yeah. And who initiates that interaction?

1:34:35Speaker 8

Well, the code officer will be reviewing these conditions of approval before he issues the permit. So it'll be the code officer's responsibility to get that covered.

1:34:46Speaker 10

To the town attorney? Town attorney, yeah. Okay.

1:34:48Speaker 4

All right. He loves this audience. I'm sure he does.

1:34:56Speaker 10

Sounds like more work for him, more emails, he knows the track. Yeah, okay.

1:35:04Speaker 3

Are we good there with that one?

1:35:09Speaker 4

Sorry to derail.

1:35:13 – 1:35:28Speaker 10

No problem. This is good. We're learning. We're learning. We're learning. Again... Someone's going to be first, right? But I didn't renew from day one. Couldn't let that happen. It's all good.

1:35:28Speaker 3

So did we decide there that we don't need to know the costs of the bond?

1:35:33Speaker 10

Right? Yeah. As George just said, it'll be handled through the CEO and the town attorney.

1:35:42Speaker 4

All right. I think I'm looking for a final motion here.

1:35:57 – 1:36:22Speaker 7

I'll make a motion that the planning board adopt findings of fact conclusions approved submission waivers and conditions of approval as amended and approved the site plan review application of Pinkham Brook GLC solar LLC for the proposed 600 kilowatt AC ground-mounted solar energy system at 360 Pinkham Brook Road tax map 4 lot 85 second all in favor okay

1:36:25Speaker 4

Thank you very much.

1:36:31Speaker 9

Thank you for the experience.

1:36:33Speaker 10

We welcome comments if you've done this another time.

1:36:37Speaker 3

We'll send you a service. How did we do?

1:36:41Speaker 6

You were great. Thank you very much.

1:36:42Speaker 9

Thank you. Five stars would be accepted. It's new. I just want to say the codification is awesome.

1:36:55Speaker 7

I mean, you think 250-5, like, pull it right up. It's awesome. It's right there.

1:37:00Speaker 6

Do you guys have a policy that you don't take when it's after 8.30?

1:37:04 – 1:38:25Speaker 10

Is that a real... Yeah, so I will name... Hold on. Let me just... Let me just... I will address that. I'm sorry. I'm going back to... I'll be right with you on that. I had planned for this. So our continuation policy is that our regular planning board meetings end at 9 p.m. No new agenda items will be considered after 9 p.m. unless the board determines otherwise. At 8.30, we have a check-in. At 8.30, we will review the progress on the agenda, determine whether any new items can be reasonably taken up before 9, and announce whether items scheduled later on the agenda may be heard or will be carried forward so so yeah 8 30 and a half an hour we'll do a check-in um and if we decide that we cannot look at something afterward um we will put you on first on the next agenda you have been adding a out of your planning board meeting just goes to the next month right correct

1:38:32 – 1:38:57Speaker 4

Yeah, automatically carried over to the next regular training board meeting. Oh, so just a table for the next meeting as well.

1:39:22 – 1:39:50Speaker 10

All right, next on the agenda, substantive review of Ivy Ridge final submission subdivision plan application 335 Millbrook Road, Map 5, Lot 61, public comment will not be taken. All right, George, if you would like to run through your staff notes.

1:39:51 – 1:42:56Speaker 8

Yeah, as with the last application, the board asked for some specific documentation to address the problems preliminary approval conditions that had not been indicated in the original application. And so the construction cost estimates were peer reviewed and confirmed at 422,000. And the other issue was the street addressing, 911 addressing approval. We're in kind of this transition between the former code officer who was the addressing officer and commissioner who is now taking that over, still trying to work through some of those issues. The main requirement is that the street name be approved before as part of the subdivision approval process, because it goes on a subdivision plan. And then also that the engineer include along the road plan the 50-foot increments that will establish what the road is addressing numbers will be. That's all that's required. And the code officer has been confused about it. He doesn't issue an address until the driveways go in. So we're still kind of working through that transition. So he did submit an email indicating approval of the proposed Ivy Lane road name. And we can make that a condition of approval in terms of the increments for addressing. So that's that issue. You also were concerned with the financial capacity letter by the bank just being an indication of their good customer. They've since submitted a follow-up letter indicating that they've reviewed the project proposal, including those costs, and they're prepared to issue financing if the project is approved. So that addresses that. And then they did update sheets C10, C20, C21, and C40, addressing the preliminary approval conditions and the peer review comments. They also subsequently submitted, and it's in the packet, the actual MDOT permit for the road entrance increased use. And they also issued a documentation of having applied for the main general construction permit, which is the basically requirement of DEP that any contract site is certified as being trained in their methods of erosion and sedimentation control. That did indicate that those are all related to substantive review. And so at this point, you're back to making a completeness determination. Once you do that, if you're satisfied that this additional documentation constitutes a complete application, you can just make a motion and take action on that decision first.

1:43:04 – 1:43:21Speaker 4

Then again, you probably should give the applicant an opportunity to weigh in on this if you have questions. before the completeness review or after?

1:43:22Speaker 8

If you have any questions on their documentation, you could, again, you could give them an opportunity to address.

1:43:30Speaker 10

All right. Would the applicant like to address the board?

1:43:45Speaker 4

Greg Burgess with Acorn Engineering.

1:43:48 – 1:45:44Speaker 1

So George did a pretty good job explaining what was resubmitted. The main construction general permit, although it's really not required to be submitted until prior to construction, we went ahead and just submitted it anyway. It's automatically approved after 14 days, not business days. And that 14th day is actually tomorrow. We haven't heard from main DEP. Yeah, the main DOT driveway entry permit was updated. We did have an existing driveway permit for this, where the driveway is going in. But when we dug into the documentation, that was really geared toward that wedding barn use. So we went ahead and went back and forth with main DOT on having that updated to be specific to a 12-lot subdivision. And then the more recent site plans that were submitted, Uh, we're really in response to, I just noticed a couple of drafting errors as it relates to the, how we depicted the tree clearing. So I really wanted to make it a little bit more clear, the trees that were being removed. I just, it was a little bit of a drafting error where I saw the tree line was encroaching on that property line. So we just went ahead and updated it again. It was just a drafting thing that I noticed, but I just wanted to make sure that that was taken care of. Um, as part of our app, our application, we also submitted a pretty detailed a memo going through each of the preliminary conditions of approval and outlining how we met each of those conditions. And then we also submitted a final plan checklist identifying where in the plan set or where in the application material that specific item could be found and generally compliant with that checklist. So those were some of the more recent items that we submitted.

1:45:45 – 1:46:21Speaker 3

think at this point the application is complete um but i would turn it back over to the board for any comments you have on it thank you thank you i have a question uh similar to the last application we looked at comments from ljb where are those in this application um i know that the applicant i think did a pretty good job summarizing those but i don't Are they in the last meetings, right? We talked about this last time.

1:46:21Speaker 10

They're in both. Some are in the last meeting and some are in this meeting. There's two sets of them? Yeah.

1:46:31 – 1:47:08Speaker 1

When we did the cost estimate, I wanted to make sure that because that wasn't included in the final application, I sent the cost estimate to them. so that they could put their eyes and that they agreed with our cost assessment, which came in a little bit higher than anticipated, but they did approve that. So that was the latest correspondence with them. They went ahead and reviewed our final application and we provided comments, we addressed them and we got a letter from them that all the comments had been met. I thought that was in one of the last sections of the application.

1:47:08Speaker 3

Probably is. I have trouble finding things sometimes.

1:47:16Speaker 8

I think it's around page 365.

1:47:18Speaker 1

Yeah, it's section O of the application.

1:47:23Speaker 8

This is June 2nd. June 2nd? Yeah, this is where I was before.

1:47:29 – 1:47:40Speaker 3

Oh, right, right, right. Yep, okay. And I see the August 7th ones. Okay. Okay, we'll get it. Thank you so much. That's all I have.

1:47:45Speaker 3

I believe that. Sorry.

1:48:23Speaker 4

All the comments.

1:48:28Speaker 10

So it's completeness review right now, George? Yes.

1:48:32Speaker 8

Getting into comments. Completeness. Then you can move on to the substantive discussion. Okay.

1:48:38 – 1:49:03Speaker 9

Are you entertaining motion? I would. I'll move to find that the IV ribs final, Subdivision plan application substantially complete and adequate for substantive review with remaining minor administrative items, including written street addressing. Officer approval, which is the CEO to be addressed through conditions of final plan approval as appropriate.

1:49:03Speaker 4

Second on favor. Thank you for following up on this.

1:49:13 – 1:49:31Speaker 4

Obviously, it's a condition of approval. We just needed to see that before I end. Okay. All right, let's get into substantive review.

1:49:31Speaker 3

I apologize. I shouldn't have brought up that comment about the LJB until now. I skipped ahead.

1:49:40Speaker 10

Would you like to start?

1:49:46Speaker 3

No, that was my only... That's it?

1:49:48Speaker 3

That's it. That's it.

1:49:52Speaker 6

That was weird. Let me find something. Hold on.

1:49:58Speaker 10

That's okay. I think this... My comment...

1:50:06 – 1:50:55Speaker 4

relates to the um uh conditional agreement and uh it appears that um sheet c10 um notes 8 and 20 um conflict each other what were those eight and eight and twenty So instead of the performance guarantee, you're looking for the conditional agreement, which is fine.

1:50:55 – 1:51:29Speaker 10

We don't need to vote on that. That's allowing the ordinance. But one says in part of the conditional agreement, all infrastructure improvements need to be complete, basically 100%, including paving. But if you go to 20, 20 says that it's less paving. So I think no 20 needs to come off and that all paving needs to be complete to meet the regulations of the conditional agreement.

1:51:31Speaker 1

I would defer to George on that.

1:51:32 – 1:53:29Speaker 8

Let me explain how that comes about. Okay, so if they were doing a performance guarantee, an irrevocable letter of credit, and they put up a big IR rock of $460,000 to cover all the improvements, then they can start selling lots right then. And they can apply for building permits. But they need the road to be it. And the question is, and we had like Windgate Farms, the code officer couldn't get in there to do inspections. because the road was a mess. And so the purpose of Note 20 is to say before the code officer issues a building permit for any of the lots, the road has to be completed and passable up to the lot that's being proposed. Say they have 20 lots, they get the first five lot road done from five lots, they can start building on those houses while they keep going. That number 20 is typically there for the case where somebody puts up a performance guarantee and it says code officer, don't issue the building permit until a fire chief can get to the house to deal with the emergency. When they do a conditional agreement, they can't sell any logs and you can't get any building permits until the road and everything else is all in. Typically, they come in and post a bond for the paving and then they're good to go for everything. and they don't have to carry the bonding costs all the way through the project. So they are somewhat in conflict, and the reason is because the conditional agreement trumps the other provision. So what could happen is just delete number 20, and when they come back to have the performance guarantee or the conditional agreement released, because they have to get an amended plan to release the performance guarantee, or to release the conditional agreement, then they come in with an amended plan,

1:53:30 – 1:54:39Speaker 10

they remove that they put it then no 20 goes in but by that time the road will be all finished anyway so just deleting number 20 would probably satisfy your concern right yeah it doesn't meet the letter of the law for conditional agreement uh when you remove pavement from that so I think you drop 20. drop yeah keeping drop 20. exactly yeah The only other comment I think I have is regarding the buffer on Newelbrook Road.

1:54:41 – 1:54:55Speaker 4

Your drawings show a buffer, but we talked about this in the past couple of meetings, actually,

1:54:57 – 1:55:56Speaker 1

um putting in vegetation there yeah some type of tree buffer on new old brook road yeah and there are no clear standards for that buffer when it is in the condition that it is in today which is mostly grass the applicant is fully prepared to plant that buffer with up to 30 evergreen trees um Whatever the planning board would like to see for the purpose of that buffer, whether it's a visual or decorative, the applicant is open to planting up to 30 evergreen trees in that area for buffering. In fact, I even put together a visual so that whole front area can be planted with a buffer, five to six foot trees, similar to the buffer that's being planted on the property line. We are open to that. Fantastic.

1:55:56 – 1:56:08Speaker 10

Thank you. I think it's important for the cluster subdivision. And we've heard comments from the public as well regarding that visual bucket.

1:56:08 – 1:56:21Speaker 1

So the applicant would request that that be a condition on however the board wants to 30 evergreen trees planted in a way to buffer Lot one.

1:56:22Speaker 10

Does your visual, how many trees are in that?

1:56:26 – 1:56:41Speaker 1

That's about 30 trees right there. That's using AI to quickly generate that. But this plan, and we actually kind of started to go through the effort to show what that plan update might look like with that tree buffer along the front there.

1:56:44Speaker 10

Oh, I see you flipped. It's upside down. Anyway. Oh, sorry about that. Yeah.

1:56:49 – 1:57:18Speaker 1

So, but those trees would likely be staggered a little bit more throughout that with that number of trees. Okay. And we think that with, I talked to the landscape architects at my company and I know that arborvitaes aren't ideal, but there is a species like a green arborvitae that grows really quick and it really fills out the space and it would provide, that would be ideal for like a visual buffer from the roadway.

1:57:26Speaker 4

Yeah, I love it.

1:57:27 – 1:57:38Speaker 3

I love it. The only thing I would, I think we should have it as a condition versus just this, because there might be other things that you need to add to match. So, yeah, but I like that. I saw there.

1:57:38Speaker 10

Absolutely. It's a fantastic effort. Thank you.

1:57:42Speaker 10

Can you copy that? Okay. Can you give me that copy? Yes.

1:57:51Speaker 10

Ellen, are you okay with species?

1:57:55 – 1:58:06Speaker 9

Well, the only thing about arborvitaes, which I had stated before, was they deer love them. And before you know it, the first three or four feet are missing.

1:58:07 – 1:58:20Speaker 4

So that's as long as it's something that's going to stand up to deer abuse. Okay.

1:58:22 – 1:58:38Speaker 9

whatever that may be. I don't know. I mean, there's got to be some species with data. I have them on my property and the first one has been sacrificed. And they can go along and they can just clean them out. I think we've all seen those in certain places.

1:58:40Speaker 10

You said this is a native species? You said it was a...

1:58:47 – 1:59:15Speaker 1

I don't... I'm not a landscape architect, so I don't want to go on record saying it's a native species. I... can certainly, this came up on a similar project and the same thing, the deer issue was brought up. I do understand in talking to our landscape architects, there's certain versions of the arborvitaes that maybe the deer don't like. But I'm not the professional to say what that is.

1:59:15Speaker 9

I would go with the landscape expert.

1:59:18Speaker 10

A native species would be preferred. Anyway, I'm not going to, I'm not going to nitpick you. I'm just glad that you're providing with buffer.

1:59:35Speaker 10

And it will... LJB... God, it's so hard. I don't know why it's so hard. Did you want to say LBJ?

1:59:51Speaker 10

They are happy with the $10,000 for the soil and erosion opposed to the $4,000.

2:00:00 – 2:00:18Speaker 1

Yeah. And the $4,000 just came... The applicant did solicit several bids, and they were in the $4,000 to $5,000 range. The peer review engineer didn't agree with that cost, so we just agreed to double that, bump it up to $10,000. Yeah.

2:00:50 – 2:02:18Speaker 4

Brett KenCairn, Any other comments from the board. Brett KenCairn, Good me. Are you okay to get into the draft findings of that? Yes. Yeah, absolutely. Okay, so... Submission review criteria. There are... First is, number one is pollution.

2:02:18Speaker 10

And there are five findings of that.

2:02:24 – 2:03:14Speaker 4

Are there any... additions or edits needed to be made to these five. Thank you. I am also. Number two, sufficient water. Has sufficient water. Yeah. There are, sorry, there are five findings of fact here as well.

2:03:14Speaker 10

Are you all good with that?

2:03:21Speaker 7

Brian? I wish my well did 15 gallons a minute.

2:03:26Speaker 10

Me too. Number three, erosion.

2:03:31 – 2:03:58Speaker 4

Five findings of fact there. We talked about the soils in previous meetings. I'm good. Okay. Julia? Mm-hmm. I'm great. Number four, traffic.

2:04:00Speaker 10

Five findings there as well.

2:04:04Speaker 4

I'm okay with this.

2:04:07 – 2:04:19Speaker 4

I'm good. Alan? I'm fine. Yes. Sewage disposal. Four findings. I'm okay with these. I'm good. I'm good.

2:04:22Speaker 10

Number six, municipal solid waste disposal. We've received the letter from Casella. That's good.

2:04:31Speaker 10

Number seven, aesthetic, cultural, and natural values.

2:04:36Speaker 3

I'd like to say that did a really good job preserving.

2:04:44 – 2:05:02Speaker 4

No wetland, a bad girl. Right, exactly. It does reference in number seven, it does reference that 50 foot buffer.

2:05:03Speaker 3

Okay. Which number?

2:05:05Speaker 8

Number nine and number nine, I think. No, I'm sorry. So we'll get to the conditions. Okay.

2:05:16Speaker 4

There are some drafts in there that need to be modified.

2:05:24Speaker 4

Number eight, conformity with local ordinances and claims as a cluster.

2:05:32 – 2:05:53Speaker 10

I think we've been through this a few times. I'm okay with this. I am too. Number nine, financial and technical capacity. There are six findings here. We've seen the...

2:05:54Speaker 7

but greatly improved from the last meeting.

2:05:56Speaker 10

Totally, big time. I'm okay with that, with this one. I'm also. Number 10, surface waters.

2:06:08 – 2:06:36Speaker 4

Again, we've been through this. We've seen where the streams come in, where they stop. Number 11, groundwater. And there are five findings there. You're okay with that? Yes. Number 12, flood areas.

2:06:36Speaker 10

I think we had everything we require there. That's good.

2:06:45 – 2:06:58Speaker 3

I like how we mentioned that the traffic analysis indicates that the proposed driveway design assumes 100-year flood. I just like that add in there. Just a shout out.

2:07:04 – 2:07:19Speaker 10

Thanks. Yep. 13, freshwater wetlands. There are four findings there. I think we've seen all of this in the past as well. There's nothing new. Number 14, farmland.

2:07:19Speaker 4

There are three findings there. Good.

2:07:27 – 2:07:57Speaker 3

Yes. Sorry. Can we just go back up to the wetlands one? I think finding four. Number 13? Yes, number 13. What it's trying to say, number finding four, is that the applicant, the design is preserving all wetlands, right? Is that what we're trying to say there? I think it's that last part that and incorporates those resources into the overall subdivision layout.

2:07:57Speaker 4

I think they're identified.

2:08:05 – 2:08:19Speaker 3

Yeah, identifies. But the idea here is to state that the wetlands are being preserved by the design. Right. I think that's what we're trying to say, George, right?

2:08:20 – 2:08:50Speaker 10

yep number four okay all right if everyone's good with that then i'm good with that um well there are some wetlands that are in the in the residential area correct um but for the majority of them are in the common common yeah is that what this is saying i think what yeah i mean they're they're throughout the site So if you would like to edit this or add to it, because not all wetlands are in common.

2:08:51Speaker 3

No, no, no, no. They're throughout the site.

2:08:54Speaker 8

But you will recall testimony from the applicant's representative indicated no wetland impacts.

2:09:00Speaker 3

That's what I think 4 is trying to say, is that. So if we just want to edit it to say subdivision design.

2:09:07Speaker 8

So that the project will result in no wetland. There we go.

2:09:12Speaker 10

Pretty clear, yeah. Thank you.

2:09:14Speaker 4

Yes, they're throughout the site.

2:09:16Speaker 10

Fantastic. Thank you, Julia. 14.

2:09:27Speaker 3

Yeah, we said yay to farmland.

2:09:29Speaker 10

Okay, 15, river, stream, or brook. And there are four findings there.

2:09:37 – 2:09:51Speaker 4

I'm good. Alan, Juliet, I'm fine. Number 16, stormwater. Seven findings there.

2:09:54 – 2:10:08Speaker 3

Sorry. Let's go back to stream one. Finding four, same thing. I think we need to just say preserving stream corridor and associated buffers throughout the site. Right?

2:10:08Speaker 1

The stream is only located in the In the open space. Oh, okay, okay. Way far away.

2:10:13Speaker 3

Okay, that's why we called it out then. Okay, all right. Different than the one before. Thank you.

2:10:17Speaker 10

And that stream comes from another property and just kind of dead ends, right? Is that what I remember?

2:10:22 – 2:10:35Speaker 1

It kind of comes, yeah, from off property, the drainage swell, and then it flows back on. And then when it's on the property is actually when it becomes a stream, and it flows off the property as an unnamed stream.

2:10:35Speaker 10

Okay. Thank you. Yeah, 16 is wrong.

2:10:42 – 2:11:06Speaker 4

any um conditions or edits to number 16 that has seven findings okay okay No, I'm good.

2:11:06 – 2:11:47Speaker 10

Okay. 17, spaghetti lots. That's a given. It's not happening. There are three findings. I'm assuming we're all okay with that. Yes. Number 18, great pond phosphorus concentration. There are three findings there. Good. Number 19, impact on adjoining municipalities where we don't. There are three findings there. I'm assuming we're all okay with that. Yes. Number 20, land subject to liquidation harvesting. It's already been harvested, so there are three findings there. We okay with that? We are.

2:11:52Speaker 4

And last, the cluster development alternative.

2:12:01 – 2:12:44Speaker 10

We have a draft findings of fact for that, and there are eight findings there. Any additions or edits to the cluster subdivision? We've addressed most of this, if not all, in previous meetings. We're okay with the yes. Mr. Burgess, are you okay with our edits and additions to these that this concludes the findings and facts?

2:12:44 – 2:13:19Speaker 4

Yes. John Potter, Alright, so I think we can move into. John Potter, Final plan. John Potter, conditions yeah yeah. I have a question on.

2:13:20 – 2:13:33Speaker 3

The document that we're looking at here George on the top of sheet. 14 no 15. In bold, it says administrative conditions not required as recorded plan notes.

2:13:34Speaker 3

I think that's just saying that below, the below ones aren't required to be recorded, right?

2:13:41Speaker 8

That's correct. Okay. And you don't want administrative items on this condition recorded. Right. Okay. You do want ones that are related to the long term.

2:13:49Speaker 3

Absolutely. Yeah. I just wanted to confirm I understood that. Yeah.

2:13:51 – 2:14:06Speaker 4

Thank you. Mr. Chair? Yes.

2:14:06 – 2:14:20Speaker 9

I will make a motion to adopt the findings of fact, conclusions, and conditions of approval as amended and grant final plan approval for the Ivy Ridge subdivision subject to the conditions of approval contained herein.

2:14:24 – 2:15:11Speaker 8

A couple of items would be adding a condition of approval number 19, which is to remove note 20. Okay. And also, you need to modify, let's see, I think it's 13 and 14 deal with the buffer. And that was prior to the discussion with the applicant and their proposal. So you want to modify 13 and 14 to simply restate what the applicant's representative said earlier about planting the buffer. with up to 30 trees appropriately spaced with a species recommended by the landscape architect.

2:15:12Speaker 4

That's all you need.

2:15:17Speaker 4

As amended. All in favor?

2:15:21Speaker 10

Oh, I'm sorry. Has it been seconded?

2:15:23Speaker 3

I did. I seconded it. Yep.

2:15:25Speaker 10

As amended. All in favor?

2:15:28 – 2:16:07Speaker 10

Thank you very much. Thank you. Thank you, Mr. Bursch. Alright, it's 841. We have a new application Bowie Hill subdivision phase two. We want to take this up tonight or. Push it to next month. We have two other things.

2:16:07 – 2:18:07Speaker 8

Chairman, there were a couple of, as I indicated in the notes, there are a couple of threshold issues. One being what is the status of what's being proposed? Is it re-approval of the prior elapsed one or brand new? I think the applicant has conceded that they're submitting a new application. for a preliminary approval under the 2026 land use code. So that was the first issue. They're here tonight. I see them nodding that that's their intent. And the second issue is there has been an investigation of a potential violation of the clearing of the trees. I've spoken with the code officer and he's going to be making a determination of whether it is or is not, was or was not a violation for them to cut trees Basically, his inspection indicated that the applicants here tonight can indicate what their take on the situation is, but his field inspection indicated they cleared the roadway and also the proposed house lots. As you recall, that was an issue on Durham Heights. The language has been clarified in the ordinance, but the town attorney previously determined that even under the language of the prior ordinance, clearing the trees before final approval was not allowed. Now, in this one, it's a little bit complicated talking to the code officer today because I think that the trees were cut after the lapse. So technically, they did not have an application before you. So the code officer is going to try to work through that with the applicant and get a determination. And that wouldn't stop you from going through preliminary approval anyway. So we just thought tonight, just You get an update on that and have the applicant, you could schedule a site walk and then schedule a public hearing for the next meeting and then pick it up at that point. By then we'll have some determination from the code officer.

2:18:08 – 2:18:20Speaker 10

So are we all in agreement that this is not a resubmission and it's a new preliminary plan submission? Yes. Okay. Fantastic. Yes. Okay. Because it's lapsed, right? Exactly. So it's new.

2:18:21 – 2:19:51Speaker 5

UM AND IS THE APPLICANT YOU HAVE ANY COMMENTS ON THAT WOULD YOU LIKE TO TRUST THE BOARD UM JOHN LOBOZO MOST OF YOU'VE SEEN BEFORE UM WE GOT PRELIMINARY APPROVAL TOO MANY MONTHS AGO UM AND THE SKETCH PLAN APPROVAL NOT PRELIMINARY WE GOT PRELIMINARY YEAH YEAH AND IT WAS EXTENDED AND NOW IT'S LAST WE EXTENDED IT ONCE Miss the 2nd extension, the application has been with the DP. For again, too many months, um. I agreed that, um. Not maliciously, but in April, um. I, under my direction, I had the road and and. Parts of the lots cleared, um. It was not for the town had the, um. had that state forester swing by the state determined that we hadn't violated any of the state ordinances um it was this is a nuance that i didn't know from george just to be frank i didn't it wasn't like oh i saw that the application had lapsed therefore it wasn't under your view therefore i could go in and clear i wasn't even aware of that nuance until george just which might help my favor but which george just uh just brought to our attention. So it was clear.

2:19:51Speaker 10

Do you understand why that is part of our ordinance?

2:19:56 – 2:20:28Speaker 5

Retrospectively, I can. My point of view at that point was we had received preliminary approval. There was zero wetland impacts. So it's not like we went through and destroyed wetlands when we logged that road or when we cleared that road. And then in retrospect, we were waiting for DEP approval. Retrospectively, I understand why that action can't occur on the developer side while it's still going through the approval process.

2:20:29 – 2:20:47Speaker 10

Good, good. No, because it's important. Yeah. I think, you know, we're not done reviewing the project, right? There's things that we need to look at. Peer review stuff comes up and, yeah, altering the site in any, whether it's a cluster or traditional subdivision, has implications.

2:20:48 – 2:21:13Speaker 5

And I'm not dodging my responsibility for that. That's 100% my responsibility. What I am trying to communicate to you is that it wasn't done maliciously and there was no wetland impacts and the state forester who went on site determined that it wasn't violating any state ordinances for whatever that's worth. Thank you.

2:21:13Speaker 3

Can I ask a couple questions? Sure. When did this lapse? When did the permit lapse?

2:21:19Speaker 8

November of last year.

2:21:22 – 2:21:33Speaker 3

Of last year. Okay. And you cleared it in April. And what DP permit are you waiting on? Were you waiting on?

2:21:36 – 2:21:49Speaker 3

Okay. And so when you're waiting on that permit, are you the state doesn't require you to not cut trees when you're still in the application stage per site law?

2:21:50Speaker 4

I can't answer that. I don't know if that's the case or not.

2:21:55Speaker 8

Okay. Stormwater things.

2:21:58Speaker 5

They're looking at the stormwater system.

2:22:00 – 2:22:28Speaker 6

So the reason is, this is one of the implications of... Yeah, you come up and state your name. Yeah, I'm Charles Burnham. I'm the engineer. One of the implications, or one of the arguments behind this ordinance is that if you do clear the roads, you can technically boost up your existing conditions curve number by saying, oh, it's not wooded anymore. It's woods. We didn't do that. We still treat it as if it was in all of our stormwater calculations. We still said it's a raw piece of land, tree forested and that

2:22:30Speaker 5

And you can look at that by comparing our previous application to our current application that those numbers didn't change. Okay.

2:22:37 – 2:22:51Speaker 3

Well, that's probably something that we'll talk about later to go forward. But, yeah, it's interesting that the site law doesn't require you to not do any clear cutting or not clear cutting, sorry, any cutting until you get your permit.

2:22:51Speaker 5

Yeah, they're looking at stormwater, as Charlie said.

2:22:54 – 2:23:07Speaker 3

Right, but, you know, green trees, there is an impact. So, okay. Okay. And my last question is, has anyone gotten confirmation that you will get something back from the CEO within a month? Maybe you need to wait for George for this.

2:23:07 – 2:23:21Speaker 5

I spoke with Calvin a few weeks ago about this. We didn't talk about... I don't want to give the impression you gave me, so long story short, no.

2:23:22Speaker 3

So no confirmation. I'm just curious when you might hear back.

2:23:26Speaker 5

No, I haven't spoken with I didn't even know that it was Calvin who determined whether it was violation or not.

2:23:32Speaker 9

I assumed that it was the board and George legal legal has to address that. Yeah.

2:23:39Speaker 9

So, from the, from the time you said you started. Clearing in April yeah. When did it commence when did it when was it final?

2:23:49Speaker 5

It was about a 10 day process.

2:23:53 – 2:24:09Speaker 5

And during that 10 days when, and Calvin, I believe Calvin called the state forester during that period. It was being cleared when the state forester made his visit. But Calvin can confirm all these facts.

2:24:09Speaker 9

Did it continue into May?

2:24:12Speaker 5

By a couple days, I believe, yeah.

2:24:14Speaker 4

Okay. Definitely on a site walk.

2:24:23Speaker 10

Yeah, yeah. All right. So let's schedule a site walk.

2:24:41Speaker 5

George, do you know if Calvin indicated whether we would receive his opinion on whether a violation had occurred?

2:24:49Speaker 8

Any kind of timeline to him that the chairman would likely be sending an email requesting a formal determination. So I informed him today that potential.

2:25:01Speaker 4

Yeah, it's it's. Yeah. Should be part of the record.

2:25:11Speaker 3

Have you received anything for regarding the DP permit? Anything from DP word constant?

2:25:17Speaker 5

Back and forth, them asking for information, not supplying the information. It's just taken us a long time to supply the information. Okay.

2:25:23Speaker 9

But no official documentation? No.

2:25:26Speaker 3

And no issue regarding the tree clearing? No. Came up with them?

2:25:32 – 2:25:44Speaker 4

Okay. All right. When would we like to schedule a site walk? Two weeks from now?

2:25:45Speaker 7

Is that the same time as the regular meeting? Or is it too dark? September 16th.

2:25:49Speaker 4

September 16th now.

2:25:50Speaker 10

The 16th works for me.

2:25:52Speaker 4

It doesn't for me. Okay.

2:26:15 – 2:26:42Speaker 10

15th we just learned it is tied up with the interim economic development stuff 17th watch me something's good yeah you're good yeah does that work for you uh the 17th what day is that that's uh thursday september 17th okay i can make that work uh do we do we have a time That's the next question.

2:26:43Speaker 9

It gets dark at 7.15 now. Sunset is at 7.15. We're losing time quicker. We're losing three minutes a day.

2:26:49Speaker 3

What's the earliest y'all can be here or there?

2:26:55Speaker 3

For those that work. What do you mean? 5.30 is early. 5.30 is good, yeah. What about you?

2:27:00Speaker 10

September 17th at 5.30.

2:27:10 – 2:27:43Speaker 4

Does that work for you all? Yes. So, George, this will be publicly posted? Yep. What is this? And I will send a notification out to other departments in town.

2:27:49Speaker 10

And then after that, we'll have the public hearing, which would most likely be the October meeting.

2:28:01Speaker 4

That's like the 7th? Yeah, 7th.

2:28:06Speaker 10

Sounds good. And George, these folks will be first on the agenda. Is that correct?

2:28:17Speaker 9

Okay. I noticed that. I also didn't notice for that. I said I didn't notice for this one.

2:28:24Speaker 10

I said I didn't notice for this one.

2:28:25Speaker 4

You didn't notice. Okay. That was one, yeah. Yeah.

2:28:37Speaker 10

Sorry, we didn't even have any materials to review based on the fact that we thought that this was going to be pushed up. So do we have any other comments?

2:28:46Speaker 3

It would be great to hear from Calvin maybe before next meeting.

2:28:54Speaker 10

Yeah, I'll reach out to him.

2:28:58Speaker 10

Yeah, there you go.

2:29:06Speaker 4

We're all good? Yeah. Good.

2:29:08Speaker 10

Thank you so much. Thank you everybody for your time.

2:29:24Speaker 4

Well, the reason I was asking about the clearing time frame was the

2:29:36Speaker 9

Protection of the bats. Sure. I want to make sure that wasn't a violation.

2:29:41Speaker 3

I think Calvin might, you know, I think them answering about sight loss.

2:29:49Speaker 3

Because that falls into there.

2:30:11Speaker 4

Are we done? No.

2:30:14 – 2:30:26Speaker 10

Just four more items. Maybe. So, George, you want to roll through the next agenda item regarding homework for the board?

2:30:29 – 2:34:47Speaker 8

So obviously, we're a little bit behind the curve on setting a policy goal for the next town meeting. However, we're in pretty good shape as far as some of the research. And now that we have the new assistant town planner, AI, ChatGPT, just is revolutionizing this position. That's a good job, man. So basically what we've identified, and the select board is also on their radar, is affordable housing. We did almost everything in the last round, but there's a couple of additional items. Technically, under state law, if you were to put in the three allowable housing units on one lot at the same time, they need to come for a subdivision review. If they put two accessory blocks with a house, that's three units for sale or lease, subdivision approval. After the fact, state law said, wait a minute, that doesn't make any sense. We're trying to simplify the process. So they modified the state legal definition of a subdivision to specifically exclude those units that are classified as affordable housing under the law. So the town attorney, the state is providing funding for the town attorney to review all of the provisions that we've previously adopted and the ones that still have to be done and she will be drafting the amendments. She's projecting mid to late October. She'll have the draft and she'll just provide a summary of what she's done for that. So that'll be covered. And then gravel pits are continuing of interest, high interest. So part of how I got the town to this point, my take on it, it was the confusing way that the, used to be a gravel pit ordinance separate from the land use ordinance. And that made this, and I understand what they were trying to do at the time. They didn't want to duplicate what the state was doing. They were trying to close the loophole of five pits that were five acres less. And so they adopted this two strand ordinance that said, town planning board will approve the five acre pits. Here are the standards. If it goes to the state, you have to do all, you don't have to do, All you have to do for Durham is meet these ones we're concerned about, buffering and setbacks. Okay, so they kind of put that into the ordinance. And I think what has happened over the past 25 years or so, that's been the program code officers have interpreted. If it's five acres or less, we review it. If it's more than five acres, DEP reviews it. We don't touch it. The town attorney has said, no, it's always said conditional use. You approve both. So I think there's been confusion in the way that the pits have been regulated, and I don't think that the code officers have been enforcing the pit rules because they didn't think that they needed to. In any case, going forward, the track that we're going to do is take a look at all the pits, look at the DEP licensing of all the pits, and just see where things stand. And then look at, just take the two different treatments, put them together. All pits have to be reviewed. And then here are the standards. If it's five acres or less, here are the standards if it's more than five acres. And just have it be one set of regulations instead of this two strand thing that's leading to the confusion. already started doing the aerial photo reconnaissance of all the pits requesting we'll be requesting their records to see what the history of these things is and drafting some amendments to just simply overhaul the regulations to make it a straightforward easily understandable system even as complicated as as the issue is so that uh that's that one the uh go ahead

2:34:49Speaker 10

It's 9pm. Is everybody okay with staying a little bit longer to get through this?

2:34:54 – 2:36:19Speaker 8

Yeah. Thank you. And then the Agriculture Committee has been wanting to do a complete overhaul of the way outdated 1960s agricultural definitions and standards. They had drafted some new definitions earlier this year, this winter. We said it's not enough to just do the definitions. You need to say, okay, if you're going to add these 14 different types of agriculture, where are they going to be allowed? Do all of them just get a buy, no permits? Or do some of them like, you know, Replanova added the farm fair, you know, what has to go to the planning board for either conditional use review or site plan review? They didn't have any of those details and they finally understood that they needed to. So they've been working with the Maine Farm Land Trust. I'm not sure exactly what the status is, but that's probably gonna be in some shape or form on the agenda of the next town meeting. Transmission towers, there's an application in the works. And we've been saying we need to do something just like solar. There's no standards. So I've been consulting with the town attorney to say, okay, what do we do in the interim?

2:36:19Speaker 3

What do we do?

2:36:20Speaker 8

Do we have an answer yet?

2:36:23Speaker 8

Okay. We need an answer from the town attorney to say, what can we apply under the current condition?

2:36:30Speaker 3

Do we have a submitted application in?

2:36:32Speaker 8

Not in, but an inquiry. Is coming. With a plan. Yeah. With a plan for a tower. Okay. Is in the works.

2:36:37Speaker 3

Well, I'm glad you're looking into that. Yeah. Okay.

2:36:39 – 2:38:49Speaker 8

Okay. And then finally, you had the carryover punt of the noise standards. And it got hung up on the issue of fireworks and shooting ranges were the two primary things that kind of stalled that issue. And so just kind of continuing to process it, I think it was kind of a mood issue because the one existing run gun club that you have with shooting range is Grandfathers. And it's protected by state law. You cannot restrict their noise as long as they do what they've always done. They expand, then you get a look at it. Same thing with fireworks. State law covers that. You're never going to go out there and say, oh, you're too noisy. So it's kind of a mood issue. And rather than kind of making that the focus, we need to give specific exemptions. The standard that was there is from 1961. That's the noise data that you have. And it's not really clear how you measure it, how you determine whether it's math. So just kind of what we were going to do before I got bogged down in those difficult questions, we just update the standards pretty much. So those are the five, affordable housing, gravel pits, agriculture, towers, and noise. Unless you think, oh, wait a minute, we forgot that one. One of them came up was several times, the lighting and white-tailed moth, brown-tailed moth. Remember that? And then another one was we should be allowed to have four campers and not have it considered a campground. So there were some things, but one person in each case brought up that issue. Do you want to go there for one person? Maybe, if you think it's important. So what I proposed to do is for the next meeting, Basically write a white paper, one to two page summary of each of these issues and say, here's the proposed direction. See what you think. So let's talk about it at a policy level before we get into the weeds of the details. Yeah, yeah.

2:38:49Speaker 3

And this is for the next town meeting.

2:38:52Speaker 8

Yes. Next June. These will be drafting amendments for the June 2027 town meeting. Okay.

2:38:59 – 2:39:18Speaker 3

If I could, can I just add one? And I mean, we talked about it, but just today, the decommissioning plan for solar. I think that that is something that could be really quick, but something that's going to be really important to do. I didn't realize that the state reviews the decom plans for solar. It doesn't make sense for us to do the same thing.

2:39:18Speaker 7

Do they do all solar decommissioning?

2:39:25Speaker 3

They do, yeah. It looks like they, I did a quick look, solar decommissioning plans.

2:39:29Speaker 8

No, but do they do all scales?

2:39:31 – 2:39:44Speaker 3

Oh, no, but they do large, they do five acres and greater or something like that. Like, they do what we're talking about.

2:39:45Speaker 8

I think if you just synchronize them, have the same one as they have. Exactly.

2:39:49Speaker 3

Something like that.

2:39:49Speaker 8

As opposed to say, we don't do decommissioning plans. Right, right, right.

2:39:54Speaker 3

Exactly right. I don't want to get rid of it at all. I'm just saying we should know about it. We should be prepared to talk about it and address it.

2:40:05Speaker 8

And if you want to look through and see if there's anything else that needs to be tweaked.

2:40:10Speaker 8

Like the decommissioning plan, the last one, they're going to pull out that bridge. Does that make sense?

2:40:18Speaker 3

Right. You mean like for the land, right? Yeah.

2:40:21Speaker 8

How much is it going to cost to put it in?

2:40:23 – 2:40:38Speaker 10

I don't know. Well, I mean, you know, the ordinance is new. Yeah. The ordinance says return everything to the way it was. But we didn't anticipate a bridge crossing, you know, a stream crossing, a river crossing. Right. Right. Yeah.

2:40:38Speaker 3

And in reality, do we want to do all that impact?

2:40:40 – 2:40:54Speaker 10

Yeah, I think it's good to keep it all in there and then address it when the time comes, right? Yeah. Like, oh, maybe it's a good thing to keep. But yeah, how about I can look at that decommissioning for sure too.

2:40:54Speaker 3

Yeah, decommissioning and whatever we just talked about, the other one.

2:41:02Speaker 8

Oh, what's included in the decommissioning. The plan itself in terms of time.

2:41:10Speaker 8

synchronizing with DEP. Yes. And then say, do you have to pull out the road? Yes. Yes. Yeah. The road could be used for something else. Right.

2:41:17Speaker 3

Exactly. Yeah.

2:41:20Speaker 8

Especially if you've got a bridge. Right. Tear out the bridge.

2:41:24Speaker 9

Spending money for no reason. As a place for a transfer station.

2:41:31Speaker 3

Over a bridge. No.

2:41:33Speaker 9

That would be insidious.

2:41:41Speaker 8

I don't have bandwidth for that.

2:41:43Speaker 3

I don't mind. It's actually not going to be that much work. Okay. It really isn't. Yeah. But I can.

2:41:48 – 2:42:12Speaker 10

Even with AI. One item I'd like to look into is asking developers, subdivision developers, or anyway, for an impact statement on the school systems. Okay. just to be informative to the town as to what they could anticipate for enrollment.

2:42:13Speaker 9

It used to be a requirement.

2:42:14Speaker 10

I think we need to... How do you even do that, though?

2:42:18 – 2:43:30Speaker 8

Can I clarify that? Because you can't say it's housing for families or... Yeah. Back in the early 80s, everybody was doing gold caps, and that was the issue. Schools were just... Everybody had the portables. And so... A LOT OF TOWNS WERE LIKE SAYING, YOU KNOW, YOU CAN'T DO YOUR SUBDIVISION BECAUSE WE DON'T HAVE SCHOOL CAPACITY. STATE SAID YOU CAN'T DO THAT. SO THEY STARTED ADOPTING IMPACT FEES AND EVERYTHING ELSE THAT WAS UP THE WHOLE PARADIGM TIME. AND SO ALL THE ORDINANCE CURRENTLY REQUIRES IS THAT THE TOWN STAFF PLANNING BOARD NOTIFY THE SQUADS WHO ARE ATTENDANT. BECAUSE WHAT THEY DO IS THEY TAKE YOUR NUMBER OF PROPOSED HOUSES And they do school enrollment projections based on that. So that's all you can do. Okay. You can't say, oh, you know, this is going to add 10 kids to the schools. That costs this much. We have to get them to pay for that. No, you can't do that. So right now there is a requirement in there. We have not really been following it because it just, you know, is that we're supposed to send a notice to the school department whenever you're reviewing a subdivision.

2:43:31Speaker 10

Reviewing or approving?

2:43:33Speaker 8

Reviewing. Soon as you give it, I think it's either a preliminary approval, then you notify the school.

2:43:40Speaker 8

I think. So it's just a matter of administratively looking at that.

2:43:44 – 2:43:57Speaker 10

All right. Well, we shouldn't fall down on that. Yeah. Is there something I can do to follow up on that to make sure that it happens?

2:43:58Speaker 4

I will put a note on it, but you're free to follow up and ring my bell.

2:44:06Speaker 4

Added to the meeting minutes. Thank you.

2:44:13 – 2:44:25Speaker 10

So next meeting, you'll have a white paper, and then we'll decide what we need to do for the next town meeting. Yeah. Is it June now? It's June. Yeah, it is June.

2:44:25Speaker 4

Okay. All right.

2:44:30Speaker 10

Any other comments on?

2:44:31Speaker 4

No, I think that's a great list.

2:44:33Speaker 10

Yeah. All right.

2:44:35Speaker 3

not sure we can handle it all, but we'll talk about it.

2:44:39Speaker 10

Yeah. Yeah. Next month.

2:44:43Speaker 3

What'd you say?

2:44:44Speaker 10

Less than last year.

2:44:45Speaker 3

Yeah, that's true.

2:44:46Speaker 10

Um, all right.

2:44:50Speaker 4

Last item on the agenda, uh, AI. So I've been keeping you up to date with what I've been doing.

2:45:00 – 2:45:14Speaker 8

And, uh, you know, as time prevents, I'm trying to get that system to take over a lot of this paperwork. And you can see the thoroughness that it's doing. I mean, imagine how much time it would take me to go through and develop all of this.

2:45:14 – 2:45:29Speaker 3

Like, for example, if I can just state, like, in real time almost, all of those conditions that you listed out for both of the applications that we reviewed, that was supported by AI, right? Yes, yes.

2:45:30Speaker 8

It mined every piece of information.

2:45:34Speaker 3

We hadn't had that before. We hadn't had it like that before. No.

2:45:38 – 2:46:34Speaker 8

And I'm actually using it. So what I'll do early next week is I've got my handwritten notes from this meeting. I'll scan those in. I'll upload it to ChatGPT. I'll get the transcript from YouTube as garbled as it is. I'll include the staff notes and the agenda, which has all your names in it, and it will generate those minutes. And I just go through it, and that's what generates those minutes. It's just phenomenal what this does for us. Yeah. Yeah. So the question for tonight, I think, that you're raising is, what about you? So, number one, it's like anything else. If you do something with ChatGPT or any other AI, set up a separate account and only use it for planning board-related matters.

2:46:34Speaker 3

Or it could be our Durham.gov, right? Or whatever.

2:46:37Speaker 8

Well, the town has already gotten one for the staff, like me and Calvin and others. They're using it.

2:46:46Speaker 3

Well, I mean, it doesn't need to be ChatGPT. Gemini is a Google.

2:46:49 – 2:47:31Speaker 8

Yes, but what I'm saying, whatever you do with AI, number one, recognize the town account right now, as I understand it, is for town staff, but technically your town staff. So if you're interested in using it, we could check with Jerry and Kimberly to see how much capacity they have. But if you set up your own, either a free account or... I'm paying like 20 bucks a month for my personal one. I'm trying to migrate everything over into that is anything Durham related. I've been going through that process as well and just keep them separate because if there's a freedom of access, they have access to your AI.

2:47:31Speaker 7

Well, we already have, like Juliet said, these Google accounts and Google has Gemini. So we can use the Gemini as tied to this account and it's already separate by definition. Right.

2:47:39Speaker 8

And there are limitations on that, but I explained to Brian, Okay, he had a question about, I can't remember what it was.

2:47:48Speaker 10

The 10 grand and whether or not- Yeah, the 10 grand. Yeah.

2:47:51 – 2:48:12Speaker 8

Yeah, and I basically had, because I had had the AI process all these, I had the AI say, where does that, and in 30 seconds, it brought up the specific reference. So you could be using it to process and prepare your questions and other things.

2:48:14 – 2:48:27Speaker 7

But you got a pixel, you get the advanced for free. You have a pixel, right? A what? A pixel, Google pixel. Yep. If you sign into your Durham account with that, depending on what model you have, you might get a free year of the AI pro.

2:48:28Speaker 10

And donut for your Google account. I like reading through the thousand pages. All right.

2:48:34Speaker 3

And you're good at it too, Brian.

2:48:37 – 2:49:10Speaker 8

And that brings up a point. That brings up a point. At no point will this ever replace humans. We need to take ownership of this. So every document that goes through here, I need to own it. When I give it to you, you need to own it when you take action on it. So you do need to review everything it's doing. Because it does make mistakes. I'm training it. The better you train it, the better job it does. But initially... I was telling it, no, no, no. You don't understand.

2:49:10 – 2:49:22Speaker 7

I use it for work all the time if I'm writing as-built documentation. This is what I want. Write this document up and then I just tweak it. But you need to read it. Yes, I've got to read it and I've got to tell it, no, change this. Make it sound like this.

2:49:23 – 2:50:54Speaker 3

I would like to bring up a couple things. I do agree that AI is a good tool to use i am myself using it um not as as much as probably most people but i am using it like in work um but i do like you said we need to be careful um with what we're doing especially when it comes to like opinions and recommendations and suggested outcomes and things like that where We're asking it to review something that someone else has provided to us. We just need to make sure, I mean, we can possibly do that as long as the review is completed, human review is completed, and then before it's published. I just want to make sure we're not caught in a situation where we print something that AI said and it's wrong. you know, and it was based on an opinion or a recommendation or something like that. Yeah, exactly. I think using AI to summarize documents or find things, like you were saying, George, is super, super, super helpful or develop the documents we looked through today. But when it comes to like public comment or, you know, anything like that, I think we have to be really careful.

2:50:54Speaker 8

Yeah. And as long as you review everything.

2:50:57 – 2:51:19Speaker 3

And that was the other thing is I want to make sure that if there is anything that is using, aside from, you know, the typical forms, if there's anything that is using, we're using chat, GBT or any other AI that, that maybe we get like one other person at least to review it before it's published or something. Like I would be okay if you want to send out documents to us.

2:51:19Speaker 8

You've got them.

2:51:21Speaker 3

Oh yeah. Yeah. like if you, and then what we do is like kind of do a check, like someone, you know, responds back and says, looks great. You know, especially if it's AI.

2:51:31Speaker 10

So before it's publicly sent out as the agenda for the meeting.

2:51:36Speaker 3

Yes. Before it's publicly, yeah, before it's published online.

2:51:39Speaker 8

Yeah. Right. I don't think that's workable.

2:51:44Speaker 8

Just from the time standpoint.

2:51:45 – 2:52:19Speaker 3

Oh, I'm not talking about, so it's like certain things. I'm not talking about like, you like diving into an application and pulling out the details. That's not what I'm talking about. I'm talking about more like, you know, I think there was a good example is the Conservation Commission. They provided that opinion, their comment, and then we use ChatGBT to review that comment. And then we published the review of that comment from ChatGBT without Review like things like that.

2:52:19 – 2:52:37Speaker 8

Like if anyone sends in an opinion or get a comment, just understand anything I'm doing on chat GPT. Yeah. Including before it's published, it's published under the freedom of access to information. Everything I'm doing, every email start to finish is publicly accessible.

2:52:37Speaker 3

Oh, absolutely. And, and no, but what I'm saying is when we put it out, we publish it. That's us saying, yeah, this is us.

2:52:45Speaker 8

Yeah, I'm taking responsibility. If Chad GPT says this is what the Conservation Commission said, and it didn't say that, I shouldn't be putting it out.

2:52:56Speaker 8

So how do you know? You don't have time to review everything I'm doing.

2:53:00Speaker 3

No, no, no. Yeah, I guess I definitely don't want, no.

2:53:03Speaker 8

I mean, it'd be great. It'd be great if we had somebody, if I had a planning manager to review my work. Yeah. That'd be wonderful.

2:53:11Speaker 3

But when it comes to like opinions and...

2:53:14 – 2:53:41Speaker 8

recommendations and things like that i think we should have an extra reviewer but it all comes back to you as long as you know if somebody has an opinion whether it's me or anybody else yeah as long as you don't act on it then that's just an opinion okay but it's the opinion of ai no i mean you will have the record of in the minutes of what people say okay so how about this then how about if if

2:53:42Speaker 3

And I understand that there's not much time sometimes between when you do your work and when we have these meetings. Understood. So how about when we review things, if there's something that comes up, we can bring it up.

2:53:54Speaker 10

Right? Absolutely. So we'll do that then. It's a matter of being prepared for the meeting, right? Yeah. So if you see something in there that's an opinion that doesn't look squirrely, bring it up. Say it.

2:54:04Speaker 8

That should be taken out.

2:54:06Speaker 10

Then it'll be recorded.

2:54:10 – 2:54:36Speaker 3

okay yeah i just i i think it's an important tool but i just want to make sure that you do it smartly and i think you are don't get me wrong yeah but yeah so do you have a name for yours yet claude i do not i do not treat it as a person okay i will not do it okay some people do i guess it's creepy i want you to talk like you have relationships and

2:54:37Speaker 8

Hey, Siri, let me hear your John Wayne impersonation. I was wanted after the GPS.

2:54:52Speaker 10

All right. I'm sorry. That was good.

2:54:55Speaker 3

Thank you for bringing it up and talking about it. I think it's important.

2:54:58Speaker 10

It is. It's very important. And thank you for putting it on the agenda. Glad it's out there.

2:55:04Speaker 3

Oh, and I'm glad I know now that we have an A.I., Policy? I had no idea.

2:55:09Speaker 10

And you are all bound by it. Right?

2:55:12Speaker 3

Absolutely. So I'm glad I know about it.

2:55:15 – 2:55:36Speaker 10

Yeah, no, if you hadn't brought that up, I wouldn't have known that there was even an AI policy. It would be good to have known. I'm glad we have one. That it was even out there. And knowing that we're bound to it. I had no clue. Good stuff.

2:55:38Speaker 4

Alan? Compliment you on running the meeting today. Mm-hmm.

2:55:44 – 2:56:00Speaker 9

Tonight. It was a challenge. Granted, it's the first time we've had solar, and it was a learning experience, but that way, yeah. Every one-off as possible. How do you spell adjourn?

2:56:00Speaker 7

How do you spell adjourn?

2:56:02Speaker 3

Oh, my gosh. Well, I had to put that in. Yeah. Yeah. Mr.

2:56:11Speaker 10

Chair. Oh, yeah.

2:56:13Speaker 3

He asked how to spell adjourn. I think I spelled it right.

2:56:22Speaker 10

Let's hear it. Motion to adjourn.

2:56:24Speaker 3

Oh, yeah. I'll second.

2:56:26Speaker 10

All in favor? Let's get out of here. All right. Thank you all very much.

2:56:30Speaker 3

Thank you so much. Good meeting. Yeah, I shut down.

2:56:37Speaker 8

video. I get punchy at this stuff. Oh, yeah. Yes, I'm prepared.

2:57:07Speaker 4

George Tyson, George. George Tyson, yeah.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.