Planning Board - Regular Meeting

Everybody, I will call to order the March 11th, 2026 planning board meeting. If you could please rise for the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. I don't see uh Mr. Ferrell or uh Ian here tonight. So, make a few appointments. We'll make appointments and we'll have a uh full house here. want to uh you want to appoint uh Steve for an and we'll do Ryan for uh John. Yep.

Perfect. Fantastic. All right. Uh approval of minutes. We only have one set of minutes. We'll wait until we get through uh March. We'll talk about March's minutes in April. We were out a little on the late side, so need some time to review. Yeah, absolutely. Uh regional impact determinations. Do we have any? None this evening, Mr. Chair. Fantastic. Any discussions with town staff? I have nothing this evening. I have nothing.

You have two extension requests. The first being for the gateway um site plan and they're requesting, excuse me, an extension to December 6, 2026. Gateway site plan to when? December 6. Is there a date on that? The extension 212626. Oh, okay. And then what was the other one, Kelly? The second is for the technology hill Envision site plan extension to April 10th, 2026. All right. So, I am looking for a motion to grant the uh gateway site plan extension to December 6, 2026.

So, moved. I have a motion. I have a second. All in favor starting with Steve, please. I. Tony D. I. Javanni Veroni. I Ryan Wlette. I Arthur Rug. I Jeff Pent. I Sean Faber. I John Cruz. I And the chair votes in the affirmative. This has been uh the extension's been granted to December 6th, 2026. I'm looking for a motion to grant an extension on the Technology Hill uh site plan for April 10th, 2026. I have a motion from Tony. Do I have a second? Second somebody second from Ryan. All in favor starting with Steve please. I say name Steve Bigford. I Tony D. I Javanni Bernie I Ryan Wat I Rug I

Jeff Penta I Sean Faber I John Cruz I and the chair votes in the affirmative. All right. Anything else Kristen?

Wonderful. Um we're going to get on to number three old business. We do have a continuence um that I'm going to go through first. Um looking to continue the public hearing for an application for formal review of a site plan for 40 residential units and a conditional use permit on 1,023 ft of buffer impacts including associated site improvements in the commercial twozone 225 Rockingham Road. Tax Mat 15 lot 126 Gen X Construction Group is the owner and uh applicant. This was continued from February 4th and we are looking to grant a continuence to April 8th. So moved. I have a motion for Mr. D. Do I have a second?

Second. Second from Mr. Rug. All in favor? Starting with Steve, please. Steve Bigford. I Tony D. I don't know if I'm I should abstain from this because I'm not Yeah, that's fine. Ronnie Vani abstain. Ryan Wide I. Arthur Rug I. Jeff Penty. Sean Faber. I John Cruz I.

And the chair votes in the affirmative. This has been granted to April 8th, 2026, and this is your one and only notice. All right. Uh let's move on here to a public hearing on an application for formal review of a subdivision to permit an organic waste processing facility in the Gateway Business District at 162 Lichfield Road, map 14, lot 39-2, zoned uh GB. Purpose Energy London Area LLC is the applicant. Nicholas Codner Trust 2012 is the owner. And this was continued from uh the 14th of January and the 11th of February. All right. Uh folks want to come on up. We do have looks like we have a handful of checks list items we need to take a look at. I'd be looking for a motion to accept these uh for acceptance purposes only.

So moved. I have a motion from Mr. D. Do I have a second? Second. I have a second from Giovani. All in favor starting with Steve, please. Steveford, I. Tony D. I. Giovanni Vani. I. Ryan Wlette. I. Arthur Rug. I. Jeff Pent. I. Sean Faber. I. John Cruz. I. And the chair votes in the affirmative. Again, these have been uh waved for acceptance only and now become a condition. All right. Uh John Kelly, do you have anything before we get going? Kristen, do you have anything before we get going? No. All right, gentlemen. Away we go. Good evening. Floor is yours.

All right. Good evening. Uh my name is Nick Goolan. I'm a licensed engineer and principal of the firm TF Moran. Uh to my right is Mr. Sean O'Neal, senior vice president uh and developer with Purpose Energy. Uh representing the applicant, that being Purpose Energy London LLC, who is both the developer and the operator. Excuse me, Nick. There's a there's a lot of people here tonight. So, you're gonna have to All right, I can do that. Just could I actually add something? I'm sorry. Before you continue, so you've got two agenda items. First being the subdivision, second being the site plan. Just from the standpoint of the public hearing portion.

Just maybe you want to make clear how you're going to handle that from a discussion hearing standpoint. Yeah. I mean, you're going to you're going to have two hearings or are you going to act on the subdivision first? Usually, we take we take them as we take them usually as one. We do a subdivision and a site plan. Take take our hearing all at once and then make expectation from the public should be they can get up and speak to either or once you open the hearing. Absolutely. Thank you. Thank you.

All right. I've got our direction. Um, also from our team in the audience, uh, Dan Bonukario, who's president CEO with Recycle Works, uh, our attorney representation being Mr. Ari Pollock, uh, from Gallagher, Callahan, and Gartrell. Uh, what are we here for? All right, this is an address of 162 Lichfield Road. And here's the important part with access from North Wentworth A. Um, no access to or use of Lichfield Road is proposed for this project. I think we did ourselves a disservice at our last meeting in January. We did where we did not make emergently clear that all of our access is to North Wentworth. Um so no use of Lichfield Road in this proposal. Uh the subject lot is tax map 14, lot 39, which is zone Gateway Business District. The existing parcel is comprised of approximately 50 acres. Now our proposal is to subdivide that lot. Oh, this is great. Um would you mind putting on the conservation layer, too? That'll tell us exactly. There it is. All right. Uh where we're proposing to subdivide the 50 acre lot into uh a 15 acre area uh which is the portion outside of the airport access road mitigation area. So the box that we're looking at that is behind you is the lot that we're looking to develop. The remainder of the lot, if we can zoom out maybe just a little bit to get perspective. Um, goes all the way down to Lichfield Road. It's approximately a thousand feet from the property line. Um, no portion of the area south of that line are we touching. Uh, which includes that hatched area. So, no work is being proposed in that area, just that uppermost uh, rectangular shape with access to North Wentworth. Now I I did make mention that we are proposing to subdivide that lot.

Nick, that was this right here. Yes, sir. Just that. Yep. Thank you.

So everything south of that remains in its current and present state. Trees remain. No changes topography. Uh nothing of the sort. Um so what are we proposing? This is the Southern New Hampshire green energy campus. Um which will reduce the waste burden on New Hampshire by addressing the food waste problem with two connected resource facilities. Now, Sean did a really nice job last time. Um, did a slide deck. We went through each element of the project. Um, we weren't planning to do that this evening, but as follow-up questions, should they arise from the audience, we'll make sure we touch on each one of those elements if that's acceptable. Um, so the first element of this uh resource recovery facility is recycle works. They will receive food waste that normally goes to a landfill, including food that has passed its sell by date or is out of specification but is wrapped in glass, plastic or metal packaging. Recycle works will remove the organic waste from that packaging and send it to the second facility on the campus that being purpose energy lendary. Purpose energy will pump the food waste into tanks that digest it in a process similar to a human stomach. The digtor tanks will produce renewable bio gas that will be cleaned to pipeline quality and injected into the local natural gas network. All right, so we talked a little about who our team is. We've talked about the location and our project description. We give a little bit of an update on what we've accomplished since we've last seen you. As far as those updates are concerned, um our wetlands dredge and fill permit has been approved. Our alteration of terrain permit has also been approved. Our FAA permits have been approved.

Those are all approved through the state. Yes, sir. Um FAA being the Federal Aviation Authority, so not the state, that would be feds, but the first two are our state permits. Thank you. Um another federal permit is our EPA Neptis permit for construction storm water discharges. That has also been approved. And our solid waste permit, I believe now is at a stage where it's been deemed administratively complete. Correct.

All right. So, that permit is still under review, but administrative complete. Um on a more local level, we can look at we have an endorsement from the concom um on our wetlands permit that has been approved as well as the CUP for buffer impacts that's before you this evening. Um regarding the sewer division, uh they have conducted additional flow monitoring testing to evaluate our proposed discharge. They're evaluating those results right now, figuring out which tool in the tool belt to use so that we can bring that to resolution. Mr. Chair, thank you. Sorry. Yes, sir. Roll back a little bit. You went really fast. Okay.

And I want to make sure that people heard it. Number one. Number two, that it gets in the record of of this meeting that's being taped. It's live, but it's also being taped. So, I want to make sure that it's clear. You you real quick said a word. Concom, conservation commission. And so, say the whole thing over again, please.

Certainly. So the conservation commission in town is tasked with evaluating your natural resources that has to do with wetlands, rare and endangered species and even stone walls. So they've reviewed this project. They provided a recommendation for approval of the project to both the state as part of that state wetlands dredge and fill permit as well as the site plan approval and the conditional use permit that's before you today for the buffer impacts. Thank you. I apologize for the interruption, but I think that was important.

I agree. Thank you. Thank you for the clarification. Um and then lastly on a local level, uh we did submit our a full traffic impact and access study. Uh we received comments back. Uh those comments were specifically targeted towards making sure that we evaluated uh the need for turn lanes at our primary intersections. We've conducted that work. Uh we found that mitigation is not required. We'll make that formal submitt so staff then has the opportunity to review that. What are your primary intersections? Um, that would be Harvey Road and Pentingill and then uh North Wentworth A and Harvey Road.

Thank you.

Of course. So, this is where we sit, folks. Um, relative to the subdivision application, uh, there are a couple outstanding or there are a couple comments within the staff report that I think would make sense to address. Um the most primary of which was the access consideration. Um there is an unimproved portion of North Wentworth AB that would provide access to our facility. Uh the applicant had the opportunity to meet with town council as well as staff and and probably know more about this than I do. Um so feel free to jump in if needed that they had the opportunity to meet with town council and town council is willing to sell that access to the applicant that will provide them with the appropriate frontage for this project to exist. still need to go through the actual sale process. Um, but I believe there was an understanding from town council at that meeting, Kelly, that that that would sale could go through.

I can confirm and you have a your vice chair of the council seated up there as well. I can confirm. Confirmed. All right. Was there was there a vote taken that night? Yeah. Do you remember the the vote? I think it was 50 if I remember. 50 unanimous. 5 million and and and the the vote was to sell the land to whom the vote was for the town to convey the a portion the end portion essentially it's point about 08 acres uh to 8 acres

to uh purpose energy which is the applicant before you this evening and the town will receive about $7,500 for that transaction. So what the council authorized was for the town manager to finalize that process which that finalization cannot take place until the site plan associated with that um proposal is is finalized by this board. So it is a condition of this approval. Great. Can I continue? Thank you. And so that allows this site to be accessed only from Wentworth North Wentworth. North Wentworth. Sorry, because there's two Wentworths out there,

which makes it even more confusing. And have zero access on the main road, which is the trail road. Litfield. So, no access to Witchfield for this project. Correct. Ever. Unless they have to come back and ask for whatever they have to ask for after the build after the project is done. Correct. They're creating they're proposing to create an entirely separate lot with an entirely separate access from your current 162 Lfield Road. Thank you.

All right. So, continuing. So, relative to the two applications uh the site plan and the subdivision, each uh application carries with it three waiver requests. I'll address the subdivision uh waiver requests first. Um, it is kind of a long list, but it's purposeful in that all of the data, design data that's required for our access for the subdivision has been solely contained within your site plan application. So, we're not asking for a waiver not to provide information. We're just asking for a waiver so that it can all be consolidated within your site plan. Um, we did make one update today to add section 3.09F 09F um to the list of the subdivision regulations that were already requested and that was just as a clarification as part of the comments that staff was able to provide us that that one waiver element was missing. So that waiver is again specific to the subdivision plans do provide the necessary information to convey the ownership rights of the property consistent with the regulation. Um there are no physical improvements associated with just that conveyance of land. So we've included all of that design data within the site plans themselves. Um the second waiver request is specific to HIM mapping. So HM mapping is the typical standard you use for evaluating soils when it comes to septics. The proposed lot that will be 15 acres will be on uh a municipal service. The remainder of the that 50 acres that 34 35 some odd acres that would remain is currently on a septic and would remain on a septic. So, we're simply just asking not to provide that data as it wouldn't provide a public good. And then last um and this was an item that was specifically reviewed with the conservation commission is the placement of the conservation overlay district signage. The conservation overlay district signage will be located on the lot to be developed. The remainder of the lot is already under conservation, already has appropriate protections, and we're not looking to provide additional

signage essentially in the woods. um it would just be immediately adjacent to the areas of improvement and again these were this was an item that was reviewed with the conservation commission um and they did not take exception with Sorry Nick I need to interrupt you again Mr. Chair I'd like to record to show that an Champa a planning board member has just uh entered the meeting and you need to make a decision on how you're going to handle that. I think it would be appropriate to leave Steve in for the time being because he's been appointed at time of when this started and then when we get through when we get through this then we would move swap them over.

I think you're fine. Come on in. Just to be clear, Steve Bickford is voting on this correct matter. Ann is a full member that will participate but doesn't have a vote in this instance. Steve would be voting in this. Yes. For in in place of an whereas the hearing is already started for Thank you. the application.

Okay. Um so not a lot to talk about relative to the subdivision. it is relatively straightforward with the clarifications as far as the access and those three waivers. Um if I may, I'll I'll jump into the site plan elements. Um I did mention that we do have three waivers that are associated with the site plan. Um the first of which we had the opportunity to review at the meeting in January was internal parking landscape area. Because of the nature of this facility, we have no centralized location. This isn't a shopping center. Um there aren't outside visitors that are proposed. This is specifically used for the employees that will be at this facility. Um, as such, what we're asking uh we're asking for is to wave the internal parking landscape area requirement in its entirety. There are grass areas within the development, but because of the dispersal of the parking spaces, there is no formal landscaped areas um outside of a couple of select locations to provide the necessary street trees, um, shade trees, things of that nature. So, we've met those requirements. It's just that internal green space calculation. Um, the other waiverss that are associated,

sorry, Nick. Of course, I think I had too much caffeine today. That's okay. Keep them coming. On a percentage basis, total site. Do you know the the amount of total green space that you have on this site?

Oh gosh, it's a great question. Uh, if you'll give me but one moment. Sure. So, of our 15 some odd acres, um, our area of disturbance, just to give us a little bit of a order of magnitude, if we flip to our storm water management sheet, which is C12, uh, if I recall correctly, we were in the order of magnitude of less than 10 acres of impact for the overall site, which would leave an additional five acres in their existing natural edition.

So although we are developing a portion of this and you can see it within the site plan with the package, um we do have some large sloped areas to transition to grade which will be grasped. Um but given this is more of an industrial use, the immediate areas surrounding this building are pavement and intended to be pavement. Yeah. So in so in total give or take without actually putting the ruler on it, you have probably around five acres untouched green. Yes, sir. Staying green. Thank you. I have a question. Um, now when we're talking about these 15 acres, is that the whole parcel or the new parcel that you're going to create? That's the new parcel we're creating. What is the total area including the area on the Rich Litzfield Road?

Uh, there's an additional 34 some odd acres that are will remain with Mr. Codner. Um, so so it's safe to say it's about 34 acres between Litzfield Road and this project. Correct. Yes, sir. Thank you. Good way to put it. is that so that's so it's 34 acres from Lichfield Road into the site and then the project starts. So you're 34 acres away from Lichfield. Tony real quick. Thank you. Because I got a little turned around here. I'm not sure how or why.

We do have completeness items that we need to work on for the site plan itself. So, I think what we will do is let's get through the subdivision. I know we usually take them together, but let's let's go through the subdivision, discuss the subdivision, we'll open it up to public comment for the subdivision, make a decision on the subdivision, and then move on. I know they're usually together, but they're a little separate here. So, this is a little more complicated than

Yeah. So, what we're going to do, um, I'm going to go through town I'm going to go through town staff on the subdivision only. So, this is just subdividing the land from one lot into two. We're not going to talk about the site plan yet. We're only going to talk about the subdivision itself. We'll come to the board. We'll talk about the subdivision. Any comments on the subdivision? We'll open it up to you guys out in the public. Um, and then we'll come back here. will make a decision on the subdivision. From there, we'll then begin to talk about the site plan, the building, uh what they're putting on it, and all that. Um I'm pretty sure that 90% of any of the comments are going to be related to the site plan, not the subdivision, but we'll still give you an opportunity to come up and and talk about the subdivision of the land itself. Um, with that on the subdivision before we get going here, does the board have anything?

Kristen, do you have anything on the subdivision itself? Um, did you want me to go over the Yeah. Do we have do we have waivers on the subdivision? It looks like we have a handful of waivers on the subdivision. You want me to go over those? Yeah. Okay. Um, so the first one is to do with the storm water report. Um, but they have a waiver. I mean they've submitted a request request. Okay. But I heard a lot of people say

okay there's a waiver for the storm water analysis report. There's one for the H and too um there's one for the monumentation and the um conservation overlay district. One for the sewer utilities. um one for the water utilities and one for the construction details. Are these waivers that are captured into the site plan when we get there? Yes. So, we're waving they they're waved, but they're not waved. They're they're addressed inside of the site plan as opposed to the subdivision. So, we're not addressing them twice. Correct. Yes.

Okay. Um anybody have any questions, comments? All right. This is a public hearing. We're going to open it up to the public. Again, if you have comments on the subdivision itself, so the division of the land from one lot into two, now would be the time to discuss it. Um, if you want to talk about the site plan, give us a little bit of time. And there will be another another public hearing on the site plan itself before we make a vote on the site plan. With that, does anybody have anything they'd like to discuss on the subdivision of the land? microphone there. Ray,

where is this? Ray Brlin, 3 Gary Drive. Uh, I I just would like uh some clarification on the subdivision. What? Ray, hold on one sec. How are you, pal? Let's get this somewhere where we can actually hear you. There you go. You got it. Thank you. Thank you, Rick.

No, I just wanted clarification. Uh, as I understand that um there were two parcels of land that I thought were put into one at some point. Maybe I'm wrong. Uh, and this one here is the northernmost portion of it. The other one uh is a portion of land that goes back to Leechfield Road. Um am I wrong or I I need clarification on uh these folks that are moving forward Southern Green New Hampshire Energy Campus. Uh do they own both parcels of land or or not? So Kristen, help me out with this. We have 162 Lichfield Road. Has that always been a 47 acre site or was this at one time two lots that were brought into one?

As far as I know, I never knew it to be two separate lots, but John or Kelly, can you confirm that? So, what it is is one overall lot, right? It's 49 acres. Okay. Okay. which includes this

it's a rectangular lot we'll call it in the in the middle third or halfway through it is where the conservation easement is associated with the airport access road what Kelly is showing here see that see the see all the green that's the 49 acres the white in the middle is a conservation easement okay it's still all one one piece of property right now the idea is is to subdivide it into two pieces. Now, there you go. Kelly is I highlighting there's the new lot, then the parent lot, I call it the parent lot is the white and then the lot that goes to Lichfield Road. You follow me?

Yeah. So, who who owns all this front? Nick Cardner. And he's not transferring it to He will be he will be if if it's subdivided. Just the top. Just the top. So, so Ray, let me let me try and help. Yeah, help me out here, please. So, this land right here is owned by Nick Codner of 162 Lichfield Road. Okay.

Inside of this piece of land, in the middle of it, there's an easement, a conservation easement on this piece of property. The uh the owner of 162 Lichfield Road, Nick Codner, is looking to subdivide this land. So, this right here would now be 162 Lichfield Road. This would be the new piece of land that is has a North Wentworth address

subdivided by uh by Nick to the applicant with access off of North Wentworth Fab. There's a little culde-sac right here that will extend through and into this piece of land. Kelly, is this what is getting conveyed to the applicant? A portion of that. Yeah. The 0.8. Yes. Does that help a little bit, Ray? Yeah. But I'm I'm I'm just trying to clarify whether that I I wasn't even aware that conservation area. When did that become conservation or has it been quite a while ago? 2001. Yeah. Pardon? 2001. 2001. Okay, that's good to know. Um,

so the part on Lichfield Road and the in the in the conservation area will remain with Nick Cardner and has nothing to do with these folks. Correct. There you go. Okay. That's what I I wanted to clear. Yes, sir. Thank you. Thank you. Anything else on the subdivision? Did they say it correctly? You just give us your name and address, please. John Sauy Aspen Circle. I appreciate it, sir. So, they're saying it's 1,000 ft from where they're going to have their property to Lichfield Road. Is that what I heard you say? Would you be able to measure with the tool? Yeah. It's not 34 acres. It's a straight line, 1,000 ft.

Let me He said yes. So, from Oh, yep. Y there you go. Third of a mile. So from Lichfield Road to their property, it's 1,000 ft. Yeah. Plus or minus, right? What I got?

Anything else from the public on the subdivision itself? So how so? Wait a minute. That so that was contradictory. So how how many acres is left in the remaining parcel after after it's sub? Excuse me, sir. Excuse me. Thank you. I think they're saying it's 34 square acres. The remainder portion will be 34.157 acres. So this there is remaining 34 acres of green space that's going to be untouched that's not going to be owned by

the 34 acres includes all of what remains with Nick Codner which also includes the portion on the very southerntherly end of the site where he has his homestead. Thank you. So it's between 13 and 14 of the 34 is what's getting subdivided. Yeah, we're we're pulling that northerly 15 acres off. I'm going to develop that. Yes, sir. Thank you. Yes, sir. Our only concern is how by direct line from Lichfield Road to their factory. It's 1,000 ft. Third of a mile. What's a third of a mile? The edge of the property. So, it's probably slightly further, but is that what is it? 1,000 ft. It's actually a little bit more than that.

What is it? 3500 ft in a mile. 500,280. So, there's roughly All right, folks. Hold on one second, please. 5,280 ft in a mile. It's a third of a mile. We're looking at that 1, 800 700 ft. I did it to be exact 34 miles is 1,795 ft. Thank you. All right. Anything else from the public on the subdivision? And as as Kelly just mentioned, and I think Nick did too, the building is not going to start right at the edge of the property.

Correct. So there will be additional additional um trees frontage uh between the edge of the property and the building. So it'll actually be more than that. Thank you. Martha Martha Smith, 38 Shasta Drive. Um I need clarification too in terms of the um way they're going to access now is through North Wentworth, but they don't own that piece yet. Is so is that considered part of the subdivision or is that considered part of the site plan? Kelly, I'll let you answer that.

So just so this is why we're talking about them separately because as soon as the board acts on the subdivision and technically once it's recorded it becomes two separate lots.

So for discussion purposes and noticing purposes it's one lot being proposed to be two lots. From an ownership standpoint, Nick Codner Trust legally owns the land right now. Until there's a purchase and sale in a a land transaction, that's not going to change. But for the purposes of a subdivision and a site plan review, ownership isn't entirely I don't want to say entirely relevant, but the intent is to sell the land to these folks. That's why they're the applicant before you

and and thank you, Mr. Chair. And so this is typical of how a subdivision works. This is typically how land is subdivided. This is typically how the process of subdivision of someone's property works. So this is not irregular. This is this is a normal course of events for subdividing a parcel of land and we have a lot of process and procedure that we have to go through to make sure that it's meeting all the requirements that are necessary of subdividing Martha which is what we're doing. Your question was on

the rightway the access road owned by the town. Sorry, did I a little bit because Yes. So, what are you asking on the rightway? I the access road

the basically the one of my concerns here is the um tra traffic going in and out from from that um exit which I think is the appropriate exit but I'm want to make sure that the way that they go in and out is through Pennill Road and and then into the site. I don't want them going anywhere into the town roads. So I I would say that would be relevant for the site plan. Thank you very much, Jake. Not a problem. Anything else from the public?

All right, seeing none, I will close public comment. Um, all right, we have a couple waiverss to act on here. Um, Kristen went through them. Do we want to take these all at once or one by one?

All at once. All right. So, I am looking for a motion um to accept waiverss one through six in the subdivision um the subdivision plan. Uh and that neither neither of these waiverss will result in um in undue hardship on the owner of the affected property. I have a motion. So, move. Can you add sorry can you add the one the applicant referenced which is um 3.09F 3.09F give it to me again what what is 3.09F is this one that was in for acceptance only

and this is specific to providing design details as part of the site plan. Okay. So they'll be addressed in the site plan itself. Yes sir. Okay. So I will add 3.09. Uh, if I could get a motion, please. So moved. I have a motion from Jeff. Do I have a second? Second. Second from Arthur. All in favor. Starting with Steve, please. Steve Pickford. I. Tony D. I. Ronnie Vernie. I. Ryan Wlette. I. Arthur Rug. I. Jeff Penta. I. Sean Faber. I. Sean Cruz. I.

And the chair votes in the affirmative. Uh, these waiverss have been granted to include uh number seven, which is with regard to section 3.09. Um, do we want to act on the subdivision itself? I'd be looking for a motion to continue the sub uh, excuse me, a motion to approve the subdivision. So moved. I have a motion from Mr. D. Do I have a second? Second. I have a second from John. All in favor, starting with Steve, please. Steve Bigford, I. Tony D. I Very I Ryan Wlette I

Arthur Rug I Jeff Pent I Sean Faber I John Cruz I and the chair votes in the affirmative the subdivision of the two lot uh one lot into two has been approved. Uh with that we're going to move on to the site plan. This is a public hearing for for a site plan. Um yes sir. Um, should we note that I know like all our documentation says 162 LRA Road, but as of two minutes ago that's no longer correct. Correct. It's not not technically not until not until it's recorded. Go through the whole because after that it'll be like 23 Northworth. Correct. Correct. Thank you.

Yeah. Once we get through. So, with that, I'm going to move on to the public hearing on an application for formal review of a site plan and conditional use permits to permit an organic waste processing facility in the Gateway Business District at 162 Lichfield Road. Um, Zone GB, Purpose Energy, London LLC is the applicant. Nicholas F. Codner Trust uh is the owner. This was also continued from January and February. Uh, we do have a few outstanding checklist items. Um I am looking for a motion to uh accept this as complete uh for or for acceptance purposes only in that these items would then become a condition of approval.

There's three three waivers that uh we can wave. Those are waivers down the road though. We're looking at we're looking at completeness. We have we have three checklist items that we're looking to wave for acceptance purposes only. That would then become a condition of approval. Do I have a motion? I have a motion. Yes. Second. I have a second from Arthur. Uh, all in favor starting with Steve, please. Steve Bickford, I Tony D, I. Javani Veron, I Ryan Wide, I Arthur Rug, I. Jeff Pent, I. Sean Faber, I Cruz, I. And the chair votes in the affirmative. All right. Uh now that we are on to the site plan, um I'll let you guys talk for a bit and then we'll go to uh Kristen.

All right. Uh going to keep it fairly straightforward. Um I'm going to rely upon the information that Sean was able to provide last time. Um which really had a lot to do with the performance standards for commercial and industrial districts specific to us being located in the Gateway Business District. Um that was talking about sound, traffic, odors. Um if there are additional questions that we receive from the audience, we'll be happy to reiterate any of those components. Um relative to the items that were waved for completeness, I denote that one item it was to provide an updated traffic report. So we have provided a traffic impact and access study. We have received some minor comments when I mentioned as part of our opening um and we would be looking to incorporate that as a condition of approval.

Talk to me a little bit about your waivers.

Certainly. So the three waiverss that are before you um I started to speak to these earlier that being the parking landscape area requirement. This is whereby green spaces are required in and around large parking areas mostly to reduce heat island effect. We don't have those. Um we don't have large parking areas, although we do have some large masses of pavement, but those are specifically uh designed for this facility um for ease of access because we have overside vehicles coming in and out. And then also for police and fire appar apparatus uh noting that both police and fire have provided their approval of the project um which was provided to staff. So relative to that first waiver, it's for the parking landscape area. Um the second one, and it's a fairly common one we bring before you, is to show trees with greater than 15inch diameter on the site plan. Um it's a 50 acre lot. Once subdivided, we're looking at 15. Um providing those trees that would be cleared um and denoted on the plan as 15 inches of diameter or greater doesn't really provide a public benefit. Um, so we'd be looking to wave that requirement. And then the third waiver is in regards to our parking generation. So what we've asked to do is use the Institute for Transportation Engineers uh parking guidelines versus the town regulations. Um there really isn't a use the town has in your parking calculations that fits this use. If we were to look at this building area, the building areas, which is a little less than 60,000 square ft as warehouse, it would be one per 1,000. So approximately 60 spaces. If we looked at this as an assembling or or testing or manufacturing facility, it'd be 1 in 800. Um, which would require 74 parking spaces. Um, it has a land use code 110,

which is for general light industrial, which requires 76 spaces per employee. So at 30 employees that requires 23 spaces. This is a highly automated facility. Um we don't have the need. We have some bigger buildings but that's in order for us to transfer the waist streams. It's not for additional employees. So the applicants have evaluated their parking needs against it to confirm that those are appropriate and that waiver is being requested and those are the three waivers that are associated with the site plan. Fantastic. Uh Kristen, do you have anything? Um I think Nick summarized what they asking for. Okay. Um

um did you I mean there's there's also two conditional use permits. Um if you want there's also two conditional use permits if you wanted to go over those or you want to wait for that later. Yeah, please. No, let I mean let's talk about them now. Um, and then then we can start to deliberate as a board here. If you can if you can talk on the conditional use permit, what it is, what we need, what they're asking for.

Okay. Um, so this is per the zoning ordinance section 4614A and this is for um the work in the conservation overlay area. What is the area of impact on the conservation overlay? Uh let's see. Um it's approximately 8,937 square ft of permanent and 348 square ft of temporary wetland impact. And do we have a buffer impact?

Um yep. And then there is 117,210 square ft of buffer impacts for the construction of the facility. Talk to me about buffer impacts. What do you have? What do you have?

We have this oddity of this long linear wetland finger which reaches into the site. So you end up although uh the wetland in itself is fairly narrow, adding that buffer to both sides over a considerable length creates an excessive buffer impact. Um, one of the things that was great when we met with the conservation commission was there was some institutional knowledge as to this site when this original subdivision uh took place and the fact that this was purposely excluded from the airport airport access easement and was intended for future development that the wetland functions and values were evaluated at that time. they were evaluated again as part of this project and that in that they were lower functioning wetlands that the impacts to both the wetlands and to the buffer could be substantiated to make way for this project. Um there is a much larger wetland community located further south which is within well the conservation easement aptly put um that will remain uh in an unaltered state. um from a site design standpoint when we look at what those buffer impacts and those wetland impacts take place. Um these are essentially the headwaters to those wetlands. So it's feeding those wetlands. We've strategically placed our storm water management areas which act very similar to wetlands to remove pollutants and to recharge our groundwater in the downstream areas of our site where they discharge to the remaining wetlands that then discharge off to the property. So, we've maintained that hydraulic conductivity of the existing wetland and made sure we will continue to recharge the aquafer at a consistent rate.

Did we have a comment from the conservation commission on any of the impacts? The chairman sitting in the audience. Let me give staff a chance to answer it. Let me just get get to that sheet. Um

um I don't have it in my Do you Marge? Do you mind coming up and just discussing what any com comments were from conservation commission? Um, Mr. Chair Kelly, do you have any idea what they recommended approval of the buffer impacts as presented? Okay. They So, they didn't really have any comment on it. Not for the site plan. Okay. Just strictly subdivision. The subdivision comment was relevant uh if I'm recalling correctly to the signage. Okay. Uh and and makes sense. Yeah. Basically being being reasonable to not uh put the signs or monument the signs okay in the middle of the woods where no one will even see them. Okay.

If I am I Okay. So So to be clear, Mr. Chair, it appears I guess that the conservation commission had no objection to the waiver. Correct. To the conditional use permit. The conditional use permit. Thank you. Thank you. Uh this is an industrial use. Do we have any sort of performance standard in our ordinance on the industrial use itself? Um I don't think we I'd have to look that up, but I don't have my book with me. Um,

John or Kelly, do you know off the top of your head if there's any sort of performance standard for an industrial use here? That I'm aware of. So, the applicant alluded to it a little bit in the zoning ordinance. There are um performance standards for commercial and industrial uses and they primarily relate to noise, vibration, odor. Yeah. Okay. Things of that nature. Um, and I believe that they have submitted uh essentially a response to each of those items. Thank you. Which I'll defer to them to speak to the details on. Do you want to go through that? Certainly. You don't Kelly, you don't happen to have whatever packet he has.

Um, it should be in the slideshow of everything that you have. Um, so if you recall when Sean and I were were based before you in January, uh, he took the time to go through just to educate us all a little bit about who is purpose energy, who is recycle works, and then step through the process of of how this facility would actually work. When we look at your performance standards for commercial and industrial districts, uh, section 5.16 talks to vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments or at any point beyond the lot line. Um noise all noise except that generated by normal automobile truck or rail road service shall be muffled so as not to be objectional due to intermittent uh intermittence beat frequency or shrillness at property lines. Noise may not exceed a maximum of 75 dB. And then there's also a subsection that talks to air pollution which is a bit longer and I won't read verbatim. Um Sean would you do me the favor of and I've got

a little bit on the air. Yeah. Let's let's talk a little bit about air. Um sure on the on just the overall process if you would sir. This is this working? Yes. Okay. Just don't be afraid to talk.

I'm not afraid. So, um, I think the key thing to appreciate about the way we're going to run this is everything is covered on its way in. It enters a building and dumps into the building where it's covered. Um, the waste is depackaged and makes a slurry that is pumped in a pipe underground and into tanks where it's covered. So it's and then when it leaves it leaves either as water, clean water leaves as gas in a pipe. Um there will be some soils that are essentially the spent bacteria from our processing leaves in a covered truck and then there'll be recyclable materials that also leave in a covered truck. So this is not there's not open lagoons, there's not composting, there's nothing that smells. Everything is covered. It's processed, comes in, processes, goes into tanks, processes, and leaves. All covered all the way through you. We won't uh we've invited folks to to come and visit our facilities. Um Tony D was good enough to do that and can talk to the smells. Recycle Works facility is impeccable and our digesttors are all covered. They don't smell. And I think that's a primary concern. As to noise, we won't be any noisier than the other industrial activities that are around. We have trucks coming and going. That's pretty much it.

When you're talking on an open lagoon, you would be something similar to like a wastewater plant treatment. There's nothing like that. There's none of that. So, what's off exit 4, you get those little pond looking things out there. There's none of that. These tanks are entirely enclosed. Okay. Um, we're talking performance standards. We've talked smell. What what is the what is the outline for you know is there a standard for smell? I am not aware of that but um I think it's a and isn't a New Hampshire dees issue.

Can you talk can either of you two talk on that? Is there a standard for a smell coming from a site? I'll just read what the zoning ordinance says. Yeah. So in within that same section 5.16.4 it says odors. It states any condition or operation which results in the creation of odors such as intensity and character as to be detrimental to health and welfare of the public or which interferes unreasonably Tony's favorite unreasonably with the comfort of the public shall be removed stopped or so modified as to remove the odor. So, as is typical with any regulation, it's somewhat open to interpretation.

Um, I I don't know if the applicant wants to speak further about how this applies to their Before you do, let me ask you this. Do you feel as though we have a method to address an odor coming from the building that would is what would be considered unreasonable? We have a method to address that. Well, our method to addressing any would obviously be code enforcement

is code enforcement. And then it's challenging to answer exactly how we would handle it because other than to say generally speaking, if we get a complaint, it's investigated and an assessment is made based on what the complaint states and what is observed by the enforcement officer, whether they're going to the site inspecting it, uh, or whether or not there is a measuring tool to apply to an odor. I don't know the answer to that question, quite frankly. Um, but I think my point is is that if somebody complained about an odor and they made a claim that it came from this facility, we would follow an enforcement process to determine whether or not it's in fact from this facility, how to address it, if it is from the facility, and go from there. Now, I know this is a one of the primary points of concern for the public. So, I want to emphasize that the language in our zoning ordinance as we're talking about points out interferes unreasonably and it doesn't explicitly state that it shall stop. It says shall be removed, stopped, or so modified as to remove the odor. So I guess what I'm saying is if somebody says they smell something coming from the site, we have to one determine if it's in fact from the site and then if it in fact is figure out if something has to be stopped, modified, I think you kind of understand what I'm getting at. So I know that's not a very straightforward answer, but that's how the regulation's written.

Do we have a way to further condition a smell. I wouldn't advise going outside of what how this is written cuz I I don't think that would be reasonable to impose from an enforcement standpoint or to the applic trying to figure out how to enforce it, I guess, is ultimately

Well, I think it's it's what I was saying in that this is part of the condition of the approval. They have to maintain compliance with section 5.16 performance standards which includes the odor standard as it's written in the zoning ordinance. If there is an issue, it's handled through the code enforcement office and it's investigated according to what the complaint is alleging. So I think what would be part of it is how many people are complaining. I mean to me that no I mean a complaint a complaint a complaint is a complaint. It's handled as it as it's presented and investigated from there.

Tony, did you have something? I saw you kind of raise your hand five minutes ago.

Um, so as as one person on this board, having having studied the zoning regs for many of our meetings, the things that we're talking about here are codified, codified, however you say it. There's a there's a code in our regulations that says for all intents and purposes you can't do that. There is a process in place if if someone if any business and we've been through that with many businesses in in town. You can't do that. They're doing it. It goes there's a process for that. It goes to the zoning enforcement officer. The zoning enforcement officer is the one that that that does an investigation. And by the way, the z the zoning the zoning enforcement officer carries a badge is is it's a real thing. Um and and most people don't understand that, but it's a real thing. Um and can take steps to remedy. Is life a perfect world? Of course it isn't. but it is codified and as a as a municipality it's kind of the best that you can do. So I just want to throw that out there that that there is and in fact and in fact I don't know if if Sean O'Neal is in the building tonight.

Okay. I knew it was you. I was just testing. Um, so at one point, Mr. O'Neal, you said in a in a publication, and I and I'm going to need you to say it again to get it on camera. You said, "No one will see us, no one will hear us, and no one will smell us." That's what I said last time I was here. And could you say it again, please? No one will see us, no one will smell us, and no one will hear us.

Thank you. And so we now have that on record. We now have codification of those things that we can remedy and and and take care of. And we have this board which is going to make a decision one way or the other. So thank you for your patience, Jeff. Um thank you for that. I appreciate it. And I just I have a question regarding

other communities where obviously with that statement, have they had any type of um reports to their municipalities that the odor has that they're smelling something from your facilities? There are are none. Um, so we have four facilities I could mention that you know of or that I know of. I'm pretty sure that there have never been any and I can explain a little give you a little bit more information on that. Thank you.

Um, so one is in St. Albins's, Vermont next to the Ben & Jerry's factory where they're making food. Generally food makers don't want bad smells around the place people work. Um, they we've never had a complaint there. We're in an industrial part of Middbury, which is a small town. Um much more uh much closer to kind of other development than we would be here. Um no complaint ever. We're in South Burlington, Vermont, which is pretty that's much more urban than where we're going to be here. Um and we've been there for 15 years. We don't have any smell complaints. Um we built the digtor for Fiddlehead Brewing. If you've had Fiddlehead beer, um there's a pizza place next to the Fiddlehead digtor. Our favorite thing to do to prove the smell point is take people to eat at the pizza place. It's great. You can have fiddlehead beer. You don't smell the digtor. So,

well, it could be the beer that it could be the beer. Um but with that, um now thank you. Could you also explain the trucks? So, you said that the trucks are covered when you're taking out. Um, now could you explain what exactly that means? What type of truck? What type of covered? How is it's covered? I'm assuming it's not just a, you know, a pickup truck with a with one of those draw downs things. So, I'm going to invite Dan Boragario uh to come speak. Mo, he will manage the gate and all the trucks. So, he's going to speak much more intelligently about that than I will.

Great. Dan Bonagario, uh, Recycle Works. So the trucks can really be broken down into three types all of which are covered. First type what we call collection vehicles. So those are servicing grocery stores. So all the Shaws and Aldi's in New Hampshire picking up small containers there collecting the organics, transporting that in a covered sealed aluminum body to the facility. They'll back inside, close the door and dump. Open the door. Truck leaves. nothing's ever exposed to the open air. The next type are bulk liquid tankers. So those are large tractor trailers that are essentially a vacuum tank on the back. A hose connects to the tank at the production facility. So that would be um lactalis. This facility now is a current customer. We back up, hook up a hose, pull a vacuum, fill up that tanker, transport it to the facility, offload via hose also. That's all under vacuum and completely sealed. The third type is like a drive van tractor trailer. So that's all palletized roadw worthy shrink wrapped product. So that's distribution center um you know offsp spec or expired organic food from a distribution center. The associated grocerers DC um when they have a pallet that goes out of code, they will load it onto the tractor trailer. Doors close, heads to the site, doors open, backs up to a gate or excuse me, a loading dock with an air lock on it, offloaded via forklift, all contained inside the facility at all times. Um, so those are those are really the three ways that organics would enter the facility, all of which are closed to the outside air at all times. Um, do the trucks have any is there any any impact with climate like different climates? Obviously winter,

summer, humidity, that type. That's what I'm trying to like is is there any impact or is it throughout the year? It's the same climate within that truck. All sorts of problems running trucks in the wintertime, uh, as you guys know very well. Um, but in terms of the operation or the exposure to the elements, none at all. Um, yeah. So, they're all run the same way. you know, swap out fluids and any of the trucks that do have hydraulics in them have biodegradable hydraulic fluid. It's vegetable oil based hydraulics in all of our trucks. Okay.

So, it's uh I was more kind of Yeah, sorry. I was more or less kind of thinking through the contents of the truck like if if there's a from a humid um if does humidity impact it at all or like middle of August? Middle of August. Yeah. Middle of August. middle July when you're pumping out uh kind of basically will the sun make it smell more?

No. Short answer, no. Um I mean everything smells a little bit more in the summer. Um but because everything's moving daily. There's no You really get smells from stagnant product which we don't have. Um it's going from the grocery store into the truck on the truck to the facility. The trucks have pressure washers on them for anything at the store and then the facility will have wash down capabilities and then collection capabilities for that water that'll be fed to the digtor. So the trucks will never be um the operation of the of that plant, the trucks will never be stagnant.

Never at all. No, it's should be less than 15 minutes of queuing time. We want them in and out of there. If they're stagnant, we're not running it well. Okay. Right. Thank you. Um, so I'm just trying to remember from last time and I did some research. So you're taking food and you're making energy out of it. So, and I know you can't guarantee this, but when there's more energy, energy prices go down typically. Correct. Correct.

Okay. So, from what I'm seeing here is we're taking bad food and we're making energy. And so I guess I'm trying to think as a citizen in the crowd because there's a lot of people here. I'm trying to figure out because we haven't heard from a lot of people yet. What could the possible problem be? Because the biggest problems that people have in town are taxes, which this will help taxes and energy costs, which this is going to help energy costs. I right now I'm trying to figure out I, you know, I'm waiting to hear from all these people because I I don't see the other side of that. That's what I want to see. So right now it sounds it sounds great. But okay,

that's and there's going to be no smell. We won't hear you. We won't see you. We won't, you know. So, yeah. So, I just wanted to make sure I was clear on all that because seems too good to be true. Jake, are we in board comments or is this still working? I'm still talking. Mr. Rug, you add one.

Uh, I think if anyone wants details on this, much more details than we heard here. New Hampshire Department of Environmental Services Solid Waste Division has a very easy uh process to get into to see the whole permitting process for this facility. There's all sorts of letter exchanges and everything that go back and forth. It's very thorough. You can learn all the details on anorobic digestion. You'd be well educated on it. So, I'd recommend you go on. I spent a good part of the day thanks to uh John and our staff uh pointing me in the right direction. I was uh close but not quite there. But it is a very excellent website and I would suggest that everyone go and view it. There's going to be stuff you probably don't understand but I think you can find the science behind it if you take the time.

Mr. D. Thank you, Mr. Chair. So, um we heard testimony at one of the meetings. I can't remember where it was, but somebody said something about there's going to be garbage trucks running through our neighborhoods. And so my question is, first of all, what's a what's a garbage truck? What's the definition of a garbage truck? And number two, is are there going to be garbage trucks in your facility?

No. So short answer, no. This facility will not accept MSW, which is kind of the industry term for garbage. The only thing coming into this facility will be unwanted organic waste and packaged organic waste. There will be no garbage. There will be no commercial or residential recycling at this facility. Thank you, Mr. Chair. I have a follow-up. That's okay. So, so if I if I heard you correctly, you said something about a a rollup door going up, a truck going in, the rollup door going down, offloading happening inside of the facility. When the truck is empty, the rollup door goes up, the truck drives out. Is that is that a correct representation of what happens? Yes, sir.

Thank you, Jason. Um, so I asked you a question last time you were here. Um, uh, I'm going to bring it up again because we've got more people and and I want to I want to make sure it gets on the record. Um, I live direct line about a mile and a half from this place. uh on a road that is no through trucks and sees 18 wheelers blow past it all day long. Sure. Um I want to make sure that your trucks will not be going on any roads they're not supposed to. Um so can you confirm with me on that?

Yes, absolutely. Confirmed. Um, I would like to, if possible, and I don't know if this is something we can do or not, but get something in the record that says that those trucks will not be will only be coming in from the north as opposed to coming down Harvey Road from the south, which is north truck. Um, I'm not saying I don't trust you, but businesses change hands. People don't necessarily abide by what they say they're going to. So, I want to get on the record that uh any trucks coming in will come in from the north and will not come from any roads that they're not supposed to be coming down and will exit from the north.

And yes, yes, both exit and enter from the north off Pentingill and I can't remember what the other side of that is, but um yeah, that they will only come in from that way and exit to that way as well. No problem at all. We'd accept that condition. Can we can we get that in there? Is that something that So it's very similar Jason to what uh the requirement for Lumis that's on aviation who who blows up and down my road all day long. So there you go. So again that's that's shows you how much it works though. Yeah. Right. So they put a put they put a sign as their drivers are leaving their site. They are only to head south on Harvey Road. The sign is only as good as

Oh I I I agree. But at least we've got something in there. You know just to answer you. Yes. To there's two things there. Yep. One, sounds like we have an issue with Lumis. Can we ask code enforcement to talk talk to Lumis about that? Because we do have a condition that gives us the ability to tell Lumis, cut it out. The resident should make a formal complaint. H you know how that works. That's so moved. Seconded. Instead of the resident making the formal complaint, can the board make the formal complaint? I already wrote it down. Thank you.

Um, I didn't mean to cut you off, but just I want a clear answer. Cut me off. So, yes, it can be a condition. That was the expectation anyways is to provide signage on their private site directing their drivers as to what they're supposed to do. from an enforcement standpoint to your complaint point. If that for some reason is not occurring, the only way that we are able to address it is if somebody tells us through code enforcement and then we would contact in this instance if they violate that requirement purpose energy and they would be responsible for correcting their drivers. All right. Thank you. Thank you.

Um do you have GPS trackers on your trucks? Yes, every truck. Are you do you um track them? Do you know exactly where they are on every road? Are you able to provide to the town an audit like a report out of that traffic so potentially that it could be audited? Yeah. Yeah. Like if we set I don't know if that's I mean even better. Is there a way is there a way that if they Hold on. Hold on. One person talk at a time please. Let's be professional. Um, if you could I first of all I want to kind of confirm with Kelly that that

I would suggest that I wouldn't place that as a formal condition. I would say that given we understand that they have GPS tracking if it were to become an issue and somebody complains we would say I like that prove to us that you're not violating this and they would I assume provide us that data at the time. Yeah. I I I kind of I like that better because I'm not quite sure what we would do with the data. Right. Right. When we get it. Yeah. If there's no issue. Okay. Well, that's good that we have we have GPS trackers and if there's a play we can easily kind of trust but verify. Jason, do you have something? Sorry about that, Jason.

Yeah. Um, so what I was wondering is if with the GPS, and I should probably be closer here. If with the GPS, is there a way that if they go someplace they're not supposed to, it can notify them?

Yes. Okay. Absolutely. And so the most direct efficient route is the best for the business. And so what we do with the GPS is we can set custom routes. We can set roads that they're not supposed to go down or not allowed to go down. And if they do violate those uh I forget they're called, trip points, that their manager will get a notification. and it goes down as a performance issue. Same with harsh braking, harsh cornering, all that kind of stuff. We have 42 trucks on the road and we monitor them obsessively. Whatever the route regulations are, they will be followed. Okay. Thank you. Yeah. Thank you. And

where does the um full trucks where do they come from? Sure. So, different types of food production distribution and retail distributions locations throughout New Hampshire. So the collection ones, grocery stores, Shaws, Aldi, that kind of stuff. The bulk tankers are coming from production facilities. Black Talis is a good example of one. And then the drive van trailers are coming from beverage bottling plants. There's a large soda manufacturer in London or um distribution centers. The associated grocerers distribution center um right down the road.

Okay. So it's local a lot of local. So what it's doing is really supporting New Hampshire's solid waste master plan to get that onethird of the trash stream that is organics, food and beverage waste out of your landfills into this facility, which brings down disposal costs for citizens and gives the landfills a longer life for the state. Okay. It's good to know it's benefiting the people of New Hampshire, too. Absolutely. Thank you. Anything else from the board on this? Yeah. Yep. So the product that goes off the site, does that go out off in form of like compost or something to that effect?

That's exactly right. So the I guess there's four ways that product leaves the site. Natural gas, which is wonderful for the energy grid, bringing energy cost down. Clean water, which is meets the sewer standards that Sean would speak to that a little more. the digestate which is the compost leftovers of the process and then there's a small bit of recyclable packaging and outthrows from the depackaging process that are all sent to recycling or landfill diversion.

I'll take two more seconds on the compost if that's okay because that's a scary word to some folks. It's actually not com it's the spent bacteria and the thing about the digesttors is they they consume all pretty much all the organics. What smells is an organic rotting, right? If the organics are gone, there's nothing really to smell. So, our it's it's actually not dig it's it's um dewatered solids is the right way to describe this. It's it's the spent bacteria from our digesttors with very little organics left in in them to smell and they're trucked away. Thank you. Where is it trucked?

Farms. Some composters might take it. It has um NPN and K nitrogen, phosphorus, potassium of about 65.5. So it's valuable. Solid waste daily with French. Let's talk.

So I understand. I was just wondering if we were sharing the same place or not. So, one thing um uh one thing I I would like to point out is that um the state has identified food waste as the number one issue that it needs to resolve. Um looking here, up to a quarter of the solid waste stream in New Hampshire is food waste. over 180,000 tons of food annually um goes in and and again it has it is the number one thing that the state has identified. So if you're with all the talk of landfills and and obviously climate change um so neither here nor there but I just wanted to point that out.

Anything else from the board? Um Mr. Chair, before I go to the public, can I grab you, John, and you talk about any outstanding items? There's three things that I really want to bring up. One being that the uh the traffic analysis that was done.

Nick indicated that a traffic reports uh updated reports been done. It was dropped off today. I've not had an opportunity to look at it and nor has the third party consultant. Basically what it is is that they're uh the analysis that they've done thus far again there is a high trip high truck trip generation that's going to happen out there and is a depreciation in what happens at the intersection of North Wentworth and Harvey Road. So what we've asked them to do is to take a look at does it warrant turn lanes out there again. So that three-way intersection, if you will, because North Wentworth comes out into a a tea on to Harvey Road. So again, we have not seen that. I don't have any comments to it. Nick says it's been addressed. Proof will be in the pudding. That's number one. The uh the other item though too with regarding the traffic, they had not looked at all the other traffic that has transpired. So again, when we sit down with it, typically when we sit down with the the consultant, we talk about all the other development that's occurred in town, the uh the DEA building that's going to be a new trip generator. All that needs to be taken into account, not just their own uh their own facility. And and we need current traffic counts. The traffic counts that were done were back when 60 Penting Road was developed. That was the the um the high high bay industrial building at the intersection of Pentingill and it's been a little while. That's that's regarding traffic. Regarding the sanitary sewer, I know again we've been working with uh with Sean probably at le we're pushing two years now. Um we did do some continuous flow monitoring. Um the field data has been collected and has been completed. The initial review of the flow trends

within the the uh the receiving sewer lines has been performed uh and there's a potential concerns regarding the effect of the the peak discharges uh to our system itself. So again there is I believe you people have a copy of the email that that uh correspondence that that occurred as recent as today. Uh so right now again a more detailed analysis is in the process to eval to evaluate what if any modifications will be required to the facilities uh proposed discharge method. Part of that also is that they they are required to have an industrial discharge permit an IDP. Again that that's uh what we do with that. We identify any of the the constituents within the waste and what impact it may have on our system. because obviously we have limits. So we are a they would be a customer to the town of Londereerry. Town of Londereerry is a customer to the city of Manchester. There's a lot of industry up there. Stonyfield AES I still call it AES Brainer Ridge whatever you want to call it.

That's you know you all know what I'm talking about you know. So there is there's some significant flows the methodology that that they're going to be discharging into our system. they end up pumping up into our system. It's not a continuous discharge. So, we've got some concerns. We're evaluating it. So, it's still something yet to be uh flushed out. The last thing I want to pun intended, I see what you did there. That was very clever.

Yeah, very clever. I think and the last thing I want to bring up though too is that since the January meeting Stony and I'll ask Sean Sean Stonyfield you're still you've kind of disassociated with Stonyfield at this time. No, no, I wouldn't say that. It's just that ongoing negotiations. Um, and they in part because it's confidential, it's hard to, you know, explain exactly the state of things. You know, there you're trying to figure out all right, how much flow are you going to send, when, that type of thing. And so, um, and so there's nothing finalized there. I can't sit here today and tell you we have something going with Stonyfield.

So, so that's what I'm saying. You're disassociated. It's the way I'm Stonyfield is not tying into you. We're not asking for any permission for approvals of pipes to Stonyfield right now. If we do, we'll come back to you. Got it. They would be inflow. They have waste um from other places that will come by truck. This just a question of whether and how we direct pipe. And um we're not asking for that approval right now. We we recognize that we'd have to come back with easements and show you that pipe and get a we'd get to see you again. Mhm. But in January, we're talking Stony Field was tying in. That's right. So, what we're talking about are off-site improvements. Correct.

For the purposes of this board. That's what we're talking about. Those aren't being asked for with this application. If they are to proceed with it, it requires a trip back to this board for review and approval. That makes sense. Yeah, that makes sense. and um is this a 24/7 operation? No. So the bugs that are doing the work work 24/7. The trucks are six to six. Is that right? Yes. What are they? The truck traffic is six to six. Okay. How many trucks an hour would be coming in and then leaving?

I don't know exactly what's in the traffic survey. I can maybe I can help a little bit. So just from a traffic standpoint, your peak generation hour rules weren't met to even require a traffic study. We had less than 50 peak. We had less than 50 peak. And less than 50 peakpm trips, period. Forget if it's traffic, passenger vehicle, they didn't exist. Um, the reason why we ended up having to do a traffic study had to do with the background for uh, truck trips and that we were going to exceed 30% of the baseline. We needed to provide a traffic study to show that that wouldn't be an issue. So, when we think about what we have as far as specific to trucks, we'll try and look it up from this study as we're sitting here. Um, but it wasn't a significant amount.

So, you're saying it's an average of 50 an hour? less than less than the the peak. Confusing. The your peak trips are no more than 50 an hour. 50. If they were over 50 an hour, what would happen? If it was over 50, that would necessitate a full traffic impact and access study. Now, we ultimately had to do one um because of our truck traffic because although you're not 50 trips an hour, 30% of your trips are truck traffic. Yes. which has required a more comprehensive study. Yes, sir.

And that is addressed in our response uh to the Stantech and staff memorandum and acknowledging no one's had the opportunity to review that. So, I'm just giving you guys kind of the preview. Um as far as how we've addressed that, um specific to the comment on the the background traffic. Um we actually used uh Stantex 2023 memorandum for Pentingill Road as the baseline for those additional trips. still needs to be vetted with staff to make sure we didn't miss anything. Um, we've got a memo into them saying these were all the ones we used. Did we miss anything? And we'll make sure we update it accordingly because again, we get we get into there's been additional, you know, things that actually have come to construction since.

You got it. You know, again, when we do a projection, we say, you know, it might have a heartbeat, but or might have a pulse, but until it has a heartbeat, it's like, okay, this is real. No. So, we'll go through with staff to make sure we've gotten everything. Um, I believe as part of that 2023 study, they forecasted all these uses. I had the opportunity to sit down with our traffic group. Village on Technology Hill was one of those uses um to make sure that all that traffic was incorporated. Again, to John's point, if we miss something, make sure it gets included. So, um, the traffic studies consistently and regularly totally confuse everyone.

It's fair. There is nobody that's not confused by a traffic study except except maybe the professionals who do it for a living. So, let me try and unpack it a little bit. Let's say for example it was the the the the the number that came out was 50. Okay. We're not saying you're not you're not saying I don't think you're saying tell me what you're saying. If it's 50 if it's 50 trucks that's a truck a minute

every hour from 6 to 6. I know that's not true because I've been sitting up in this board for a long time. But they don't know that. And the people that are watching here don't know that. And some of the people who are new knowing this board don't know that he only owns 43. So the so so so you understand where I'm going. So you you you got to break that out and help the the uninitiated through no fault of their own. If you don't do this for a living, you don't know. And and so please blow that up for me, please. Whichever. I when I start and you finish if there's something because again Tony it's always the peak hours. Yep. So again it's

I know that I'm for everyone's edification peak hour trips represent the highest volume of traffic generated by a site or on a roadway during the busiest 60-minute period. Typically 7 to 9 or 4 to 6. So it the Institute of Transportation Engineers uses that as their baseline. So when we're 7 to 9 4 to 6.

Yep. Um, in some cases you'll have a peak hour of a generator. Maybe you have a shift work or otherwise it takes place at an off peak time and as part of a traffic study we'll be asked to evaluate that too. So that way you're always getting the worst case scenario as far as the trips generated. Um, so I'll read a little bit from our conclusions and see if that helps. Um from the existing conditions, existing background traffic volumes in the study area are moderate with all intersections operating at overall level service of B or better. From a trip generation standpoint, this is what we were just talking about. Uh the project generates a total of 44 a.m. peak hour trips and 48 p.m. peak hour trips for the full build of the site. In addition, site trips are distributed in multiple directions, reducing the number of trips in downstream intersections. From an operational consideration, let's look at North Wentworth and at Harvey. In opening and future years, the northbound and southbound movements function favorably in all scenarios. The eastbound left turn experiences some delay with about 5 seconds added in opening year and less than 19 seconds in the future year for build conditions. So, future year, we're talking 10 years in the future. We extrapolate the traffic and say, "All right, how much traffic's going to be added?" We increase our traffic load so that we can then look at those intersections as a forecasted event. Again, forecasted like the weather. It's not a perfect science, but at least gives us some indication if there's going to be trouble at any of those intersections. So, the maximum queue at the North Wentworth approach is a three cars, which does not impact any driveways along that road. So meaning any driveway along north of Wetworth A as we approach that intersection, the queuing of those vehicles would not restrict the ability for somebody to get out of one of those driveways. At Harvey and Pentingill in both opening and future year AM and PM peak hours, the signalized intersection can accommodate the project with a maximum of about 5 seconds of increased delay to any movement and one car added to the queue.

So, just from a perspective standpoint, if we have those trucks on the road or otherwise, we're looking at that potential delay of an additional 5 seconds. Thank you, Mr. Chair. So, and thank you, Nick, for that clarification, but I I just I want to put a bow around it and and I know you're itching and your head's going to blow out, but I got to do this. Please be patient. I'm not, so I I respect what's what you're going through. Um so so the number 40 peak hour that but peak hours that's two hours 40 and that number came out of a book. Is that fair to say that came out of a traffic study volume book or

international something international or whatever on traffic for for a typical for a typical site like this. It's not actual the trip generation. Yes. is it's based on a calculated value from a book that's then applied to the intersections. Correct. Right. And so now the actual before the before your head blows off, we can get into that because you said earlier how many trucks you had. So the the the book may not make sense and sometimes it doesn't when we're in when we're in these situations. So please,

so when I the number 40 sounds really scary if you break it down into kind of the busiest peak hour, 25 employee cars, four trucks, which represents eight trips, one in, one out. The IT guy, two trips, the uniform guy, and the food cart. That gets you 38 trips in an hour of a very normal standard business of just employees driving to work, couple trucks in and out, a few service vehicles. There's 38 of your absolute maximum 40. What it'll really end up being in all reality is three, four trucks an hour and employees coming and going and it uniform services, the food cart, and other industrial and commercial services. Um, but these numbers sound very scary. One, because they include all trips on and off the property, and two, because they double count coming and going. Um, but the real impact on the day-to-day life and the traffic flows, especially given strict adherence to any trucking rules that are given, should be very minimal.

Thank you. Yeah, thank you, Mr. Chair. I just want to verify something. All your trucks would be coming in from the north on Harvey Road going south and going into your the road connecting to your place and leaving. They'll be going if you're going to Harvey Road, you'll be taking a left and going north. Correct. Okay. Well, we got to remember also peak hour is peak hour for so many work work people, you know, going, you know, morning, night, same thing. So yeah, thank you.

You had to do an additional traffic study b because of volume of truck traffic being more than 30%. Yeah, the additional traffic study. Is it just a study of trucks or does it's it's the entire thing? Yep. So we originally you guys have a couple different forms of traffic studies. Traffic light, there's a short traffic study which is more of a trip generation memorandum so we understand the distribution of the traffic and then there's a full traffic impact and access study. We're evaluating each one of those intersections, level of service, in some cases lane needs or otherwise. Um, so no, it wasn't just truck traffic. We evaluate all traffic. Okay. Anything else from the board? Uh, John, Kristen, anything before I go to the public?

Um, we didn't talk about the second conditional use permit. Okay. Okay. So, um there's a second one for um dimensional relief from the minimum required 150 ft of frontage under um the GB district. So, um that's just another one that you need to you're talking 150 ft of roadway frontage. Yeah, it's less than. So, you need to consider that as well. Do you know what the frontage is? The actual frontage is I want to say it was like 62 and a half feet something like that. It's just under 63 feet in its current condition.

And that is on North Wentworth in its current state. Correct. Okay. Um anything before I go to the public? No, that that one item though, one person's opinion is that's a housekeeping item that we deal with all the time. It's not it's not unusual. This is this could be I was actually looking at the standard today. This could be considered a back lot development. Correct. Which which would then totally negate the frontage need anyway. And so it is what it is. This this is not unusual that one particular thing cancels out. Ex.

Well, exactly, Arthur. It does. It does. And that's why the back lot regulations are there for something like this. There always something gets stuck back. All right, this is a public hearing. I'm going to open it up to the public. If you could come up, uh, state your name and address on the, uh, the podium here, and the floor is yours. Really?

Hello, my name is Steve Botcher, 31 Yellowstone Drive in London. And uh yeah, I was just wondering u I noticed that gas has been mentioned a couple of times. What kind of gas? How is that going to be transported? What is it being transported through and going and all that kind of thing? That's one question. I'll wait for the second. If go through your questions and then I'll I'll let them answer. And if you could just address them to me. I know it sounds a little confusing, but talk to me not. Okay. Thank you.

Sure. Uh so like you know I also noticed that fertilizers are mentioned too. Now, fertilizers, of course, they are very flammable and they do generate a lot of odors usually, but apparently you're going to have systems to lock that down. I just like a little more clarification of what that is. And u did notice in one of our reports here about the storm water thing, you're asking to wave that and also the uh sewer the sewer line. Um wondering how that's going to be handled and where is it going and I believe you had mentioned that before. So just, you know, I haven't heard any clarification as what's going to happen with that. I want you to start. Can I just help? What you're reading from though is that that's from the subdivision. That's from the memorandum from today.

Yeah. But but what is it relating to, sir? Is it relating to the subdivision? Oh. Um I don't know. It was written by Yes, it is. Yeah. So, so again, so what what what's happening is in order for him he's going to all those things are typically required prior to the subdividing the lot, but he's addressing those in the site plan portion. Oh, okay. Okay. So, they were they were waved in the in the subdivision. They're being addressed at the site. Okay. All right. Fine. Yeah, I'd say I wasn't clear on that. Thank you very much. Um yeah, I think that's the end of my questions for now. Thanks. Yeah,

go ahead. I'll I'll address gas and and not quite fertilizer, but so gas um as these organics digest, the bugs eat them, they create methane. Methane is the same molecule that's in the natural gas that you cook with. Same molecularly exactly the same. When it comes out of the digtor, it needs to be cleaned up. The primary cleanup is getting rid of CO2. So there's methane and CO2. About 65% of what we get is methane. 35% of CO2. So, we have to clean the gas. Um, it's in our digesttors at very low pressure. Um, so this is not like a storage vessel or something. We're not storing gas on site. It comes out at very low pressure, it goes into a um cleanup system that then pumps it over to um after it's cleaned up, the CO2 is released into the air. um the cleaned gas, the methane goes over to a um what they call a metering station that Liberty owns and Liberty then injects it into the gas pipeline. Now, Liberty has a system where if something's wrong with the gas for whatever reason, it could go to a flare if there's some kind of emergency. We do have a flare. That flare is only for absolute emergencies. We anticipate it running hours a year, like very small amount of time. It's just for an emergency. There's no gas storage on site. There's not something that can blow up in that regard. Um so hopefully that's clearer. Um the um fertilizer is not I mentioned that it has fertilizer value. What comes out of our digtor is the spent bacteria. So it's comparable to the bugs in your stomach. um the spent bacteria um become a solid. They get they come out in the liquid and they get um de dewatered. So

we take all we filter all those solid spent bacteria out. They look like a fluffy dirt and they have fertilizer value in the form of nitrogen, phosphorus and potassium. But what smells in fertilizer is usually ammonia um which we're not going to have. um very limited nitrogen in this um so and or rotting organics. And since the digtor is processing the organics, there's nothing really to smell. Um you know, it's it doesn't it's if you were to get a handful of our soils, it it smells like soil. It it doesn't smell like, you know, waste material.

And to answer the other question, so relative to the waiver for storm water, that is just specific to the subdivision. We provided a comprehensive storm water uh management report as part of the site plan that's also reviewed by the state as part of the alteration of terrain bureau. They've reviewed and approved that as well. Um and from the sewer standpoint um the discharge is going into the municipal sewer system. Thank you. All right. Anything else from the public? Excuse me. Um, are you taking just questions or can I read a statement or the floor is yours, sir? Whatever I want to do. Okay, good. Well, within reason. Where do you live?

No singing.

Uh, so Mike, Syracuse, 170 Lfield Road. Um, with regard to the business gateway district, according to the statement from the town, it's a very broad definition offering nearly endless categories of structures and businesses to be to be built. uh as defined by the town, this definition is too broad to be considered something that could be used to classify a business or structure that does not fit. Uh so concentrating on the purpose as stated uh it is to be an introduction to our town. I'm not sure that a bio gas plant qualifies that especially on a kind of a deadend road, no throughway. Um that's obviously just a minimal uh item. So, uh, let me see. Moving on from that, as a neighbor, um, heard we won't hear them. Um, those of us that live in the area heard the same information with the airport expansion. We're not going to hear them. Uh, and then they started cutting the trees down and we heard the tree cutting in the airport. Uh, then they started the construction. We heard the construction, the vehicles, the tree cutting in the airport. So, uh, if I can hear the trucks constantly at FW web and this is the same distance or closer, certainly going to hear the trucks coming and going, uh, all the time from there as well. The biggest issue obviously is, uh, is the smell. That's what everybody's concerned about. Um, while I'm willing to accept, and I'm sure everybody else is, that the plant may when operating at 100% efficiency have no problems with any odor. And I'll contend that that is the way it is expected to run all the time. Uh but obviously we are human beings and we're not perfect nor are mechanics. So uh there are several conditions or issues that may cause odor to come out of a bio gas plant. Uh let me see. Sorry I lost my place. Uh improper temperature boilers, vat storage tanks, broken temperature sensors, control modules.

uh failure of hydraulic or mechanical valve assemblies, cog pipes, filters, screens, storage tanks, electrical or mechanical failures, issues with one of the many computer systems or software employed to manage the operations of the plant. In addition, environmental factors such as rapid changes in weather, temperature or humidity, excessive moisture from rain or snow, excessive wind, and other naturally occurring weather events. Lastly, simple human error. Uh we're all human beings and we can make mistakes and can have s uh serious consequences for the people that live nearby this plant. Um from the EcoRI news, a plant that by my review appears to be similar in nature to the plant being proposed here is a story about Johnston anorobic digesttor odors in Johnston, Rhode Island. Story is available online. I urge the board to review this news article to verify that what I'm saying tonight is accurate. Excuse me. I chose this story because the plant is fairly recent and located within reasonable distance to London area. Uh but there are plenty of more of this type of story out there for you to look up. Johnston plant was open in mid 2022. By August 2023, little more than a year later, local businesses began complaining of an odor coming from the plant. It should be noted that this plant was located amongst other commercial businesses and not close to homes and down the street from a landfill, which seems like a more appropriate location for this type of plant. The businesses complained of an odor so strong that it was permeating in their buildings. Customers would not stay. The businesses and often had to send uh employees home with complaints of headaches and nausea. Many of the complaints were of an odor described as strong toxic chemical and gas smell. After weeks and complaints, the Department of Energy Management visited the plant September 13th. Department employees were not able to remain on site because of the strong odor and the inspectors left in a hurry. Uh follow-up inspection on the 18th

found the inspector could not remain on site with for more than a few minutes and had to immediately leave. Remediation plan was requested of the plant who issued their plan on dece September 28th. Uh in that plan, the plan the plant blamed the issue on channeling within the facility's BOF filter believed to be related to heavy rains that occurred August 19th. So 5 weeks later issue not been fixed and been blamed on heavy rain. Uh I guess we don't have to worry because we don't have heavy rain in one area ever. Um so

can happen though. Despite being the plan being in place to remediate the odor, the complaints continued. December 22nd, four months later, Department of Energy Management finded the plant for failing to remediate the odor. The last update on this story is a reporter going to one of the impacted businesses in mid January 2024. Now, 5 months after the excessive rain, the smell was still present. Business stated that the odors continue. Sometimes it's worse in the morning, sometimes worse at night or when it is quote wet outside. Um, I doubt that the technology has changed that drastically in the last couple of years to claim that something in the plant's design or operation is now obsolete and this plant is incapable of failure uh and or not subject to weather impact or human error. The Rhode Island plant is surrounded by commercial businesses down the street from a landfill. that location, this location that's proposed relatively close to people's homes where we raise our children. Um, these homes are 40, 50, 60 years old or older. They're not airtight. Um, when an odor is emitted from this plant, it will get into the house uh the houses, our homes, and there is no way for us to get that smell back out again without significant expenditure. Um, I know we can't stay in our homes if that smell happens, gets into our house. Uh, we can't live there with headaches and nausea. I know I don't possess the financial means to go and stay at a hotel for however long it takes to mitigate the problem. Um, so I don't want to speak for all of my neighbors, but I certainly can't afford to take my family and leave for an extended period of time. Um, so should the odors enter into the home and permeate the wood fibers or insulation, the cost to make my home habitable again would be far more than I could afford. Uh, I did call my

homeowner's insurance company to ask about if such an issue would occur. Is there coverage in my plan? Uh, there is not and is not offered so I can't even buy the coverage for it. Um, our property values will be impacted purely by the fact that this plant is built. Our values have already been impacted by the ever growing commercial zone to our immediate north. Uh not that it's been reflected in the assessed value of our homes uh for property taxes, but the impact is tangible. Uh a significant failure at the plant causing odor and/or hazardous gases to permeate our homes could lead to financial ruin for a lot of us that live in the area. I personally lacked the savings to go through something like this and there is no way for me to pay for any mitigation that may be needed should sign uh should a significant issue occur. Uh in my own life both personal and professional I'm I'm not a risk averse person but I am risk aware. Uh this plan poses uh health safety quality of life and financial risk to my family with zero reward. Um the proposed plan has no positives for me or my family. there's only risk and that's uh purely negative. Uh I would ask the board to con consider the same risk versus re reward regarding the project. Uh what is the risk to residents of this town? Specifically those of us that live in the area, what are the residents going to get out of this? What positives are we going to see? Uh if any, if you make uh a list of pros and cons, I'm I'm guessing you're going to find much more on the cons list than you will on the pros list. Um it is my hope and my feeling that the operators of this plant uh will look for a more suitable location that is uh amongst other commercial businesses and not in such close proximity to homes. Um that's all I have. Thank you.

Thank you. Thank you.

All right. Um talk to me about remediation. What if it does smell? So um I have a few a few thoughts on that. So the first thing you should know is that um our our founder likes to say a lot of people have built digesttors but very few have built more than one. That's because there are people in our industry who build digesttors and they don't work or they have problems. I've never I wouldn't begin to know how rainwater could cause a problem in our digesttors. They're entirely enclosed. So something is absolutely wrong with that. I strongly suspect it's a somebody's first digtor. Um our our first digtor was built 15 years ago and it's never gone down. Now what can happen if you overfeed a digtor, you don't manage its loading rate properly. Um it can pickle and you have to drain it. Um that also would be done by aloating into tanks and things like that. Um so um remediation we actually have to provide money um a fund to the state for decommissioning our digesttor and we have to post that with the state. So if anything like that was suggested were to happen to us. I can't imagine how it would happen but let's just say it happened. The state would probably shut us down and they've already made us post money for the remediation. So, um, you know, I I would think that the best predictor of future performance is the is the past. I've invited residents and and that if we need to do it, I need to post another in invitation. I did send one round to take people to Vermont to get them comfortable. Um, I'll buy the pizza um to to see a digesttor in action and smell it and and see that these things have been up for a lot of years. They run fine. They're not they're not a worry. we would not continue to get hired and you would hear you'd be able to go on websites in Vermont of

residents complaining if any of this was true of us. You won't find it. Um we don't have any complaints on us. We've been and the South Burlington one is closer to populations than than this one will be. So I totally understand the concerns and I looked up while he was talking the Rhode Island facility. It looks like a shocker and everything he said looks like it's true. It's just not true of us. I mean, lots of businesses can misoperate. Um, you need to look at us. I think I would recommend looking at us as, you know, look at your past performance. Look at the prior communities we've worked in. Come visit our plants. I think you'll feel a lot better. Thank you. Clarification. Yep. Did you Did you say that the state made you post a bond?

No, it's a we have to fund um several hundred,000 to drain and close everything down. So if anything were to happen to us and we go bust or there's a problem, we've already posted the money for that cleanup. So in in in in my language, if if a catastrophic event happened and you guys were bankrupt or whatever whatever calamity it was, the state has money to hire somebody to come in and decommission. Yes. what what you built. Yes. Thank you. Anything else from the public?

Uh Sean Craig, 29 Yellowstone Drive, right next to Steve. Um jumping off what the last gentleman just said, uh it's not just Johnson, Rhode Island. Uh recently another company in Wrighttown, Wisconsin, BC Organics opened up in 2022, 3 years since it's open. Uh they've complained it smells every day since it's open. Um another one in Lynchburg, Tennessee, Jack Daniels Distillery, uh company owned Three Rivers Energy. People complain of foul smell so bad that it was left on their clothes when they leave when when they when they walk around. Not only that, they had a tank eruption causing thousands of material to spew into neighborhoods causing road damage, power lines, infrastructure damage. High school complained of foul smell and nausea miles from the Jack Daniels. Teachers and students were affected. Nausea had to go home. I live a thousand feet right now. High school is how far away? Two miles, three miles, not even. Um, all these communities were promised nothing bad would come, but from what I've read so far, it's nothing but bad. So, negatives, there's too many negatives to outweigh the pros. Um, other than revenue, tax revenue, what I ask you guys, what benefit does the town have for this company coming in? That's it.

Thank you. You want to talk on any of the ones that he just discussed?

Sure. Um, so two other things to point out. I mean, we know the Three Rivers one well, the Jack Daniels one first first digtor. They may not get to build another. Um that that was we we could have told them that design was not going to work, but anyway. So, that one did um have problems. Um you can't judge our business by other people's businesses. Um, so I guess I would add um with respect to the Wisconsin one, I don't know that one well, but a lot of digesttors are manure digesttors. They take cow manure and they digest it and they produce a digestate that isn't dewatered. And so you get a basically, for lack of a better word, it's partially digested manure, watery manure that they have to spread on fields. It's not pleasant. We don't take any manure. We dewater all of our solids. So if you sat if you live near a manure digtor um in Wisconsin it wouldn't smell good. That's just not what we do. So um there's I think there's thousands of digesttors in the US. The vast majority of them are manure ones. Um you could point to failures in any industry and go well you're going to be like this one. All I can tell you is we have a track record. Um our owners were we're in the midst of our 12th digtor. Um, our track record is fantastic. We're on um a dense island of Hawaii where we built a digtor for Kona Brewing. Um, they reclaim water that performs so well they reclaim the water out of it and use it for cleaning the brewery. Um, you would hear about us if that digtor didn't work well. You would be able to go learn about the smells or the problems we were creating. I welcome folks to look up and see if you can find bad news about us. Um, we have a a much longer track record than any of the companies that have been mentioned as having failures. A lot of

people fail with their first one. They haven't done it before. Um, again, I'd welcome and I will personally take folks to visit the ones in Vermont. I think they'll feel I don't know if we can show the um that clip at all of the PBS. Let's get through public comment first. I'd like to tour the one in Hawaii. be clear in your offer as to where uh before you come up. There was a lady behind you somewhere that tried coming up a minute ago. There she is. You want to come on up? There's a great batch of M&M's.

Hi, I'm Susan Steinson. I live at 217 Winding Pond Road. Um I just want to clarify a few things. So you said the only waste that's going to be coming in is food waste or things produced as a byproduct of like Stonyfield yogurt or places like that. Can you decide in the future to bring in manure or sewage or gunk from drain traps or anything like that?

Go ahead. So, um, under permit, I think we'd have to ask the state first of all, but we're not designed to take it. Our digtor would not perform well, and it does something very important to our that fertilizer that comes out. It becomes what they call a a class B. It's a different class of sludge. Um, it becomes MSW, municipal or not MSW, maybe it is. It's municipal sludge which is very hard to get rid of. We avoid that stuff like the plague. It's bad for our business. We don't want to be near it. What about uh so you said the the water the decanted water from this process.

It goes into the sewage system. Uh we hooked up to something somewhere. We design our plants. So um published on your website is the standards for well it's London standards but it's Manchester's wastewater plant. It tells us how much BOD, which is biological oxygen demand, how much nitrogen, all those things are allowed per milligram or per milliliter of water, per liter of water. Um, we design our plants to meet that standard. And we will be tested and we'll get penalties if we don't meet it. Okay. And this the solids that you have that you know nobody wants, what what do you do with those? How do we sell them? Okay. people want them.

So they're they're not going to go into a landfill or may they may may not. I mean they wouldn't harm a landfill but I don't think it'd be a good use of the space. You you'd want it to go on a farm field. Okay. And you said that the the trucks that are um either tanker um or uh trucks that this the substance that's going into them if it's coming from grocery stores etc. It's wrapped and it's not just let's throw some lettuce and everything else into the truck and which would be a garbage truck in my opinion. Um that's the two of the transportation.

Just for speed, I'll I'll try to answer that and Dan may add to it. Um the most of the waste we're taking has to be depackaged. The whole process that they do is called depackaging. So it's coming and wrapped in something. It might be in a can, it might be in a bottle, right? or it's wrapped plastic

so it's not exposed to Yeah. Okay. Um let's see what other questions did I have? Um what monitoring do you have to do um of what what's brought in for contaminants or anything that they're not supposed to send to you? Um and any comes out of your plant. What how do you monitor? What do you monitor for? Good questions. So, um, we have various sensors that are in the pipes of our system because our own biology, the way your own stomach is sensitive to what it's going into it, our bugs are sensitive. So, we have to know if something's going in there that shouldn't be. So, we have probes that measure the organic strength. They test for various um materials that could cause problems for our bugs. And that's on the way in.

Okay. On the way out, um the state will require us to test our soils and we have to get a license to sell them. Um the water gets tested in a manhole that John's going to make us put in with probes in it that that actually we don't test, they test, but we have to facilitate that. Um they're coming to test in the manhole. So pretty much the ins have to get tested so that it doesn't damage our system. The outs have to get tested so it doesn't damage your environment.

Okay. And you said that there's no storage onsite, but it takes I thought I read 15 days to pro to get through the process of the digestion or so. I'm sure you have a way obviously to monitor what's coming in, how much you can work on, and how. So, we have a what's called a flow equalization tank to make sure that we're feeding at a steady rate. And then to digest um the we have a term we use called resonance time. Um that refers to how long a piece of food's got to stay in that digtor to get fully um decomposed and make all the gas. We don't want to release it when it's still full of organics because it it will smell and we're losing money because we want the gas,

right? So that residence time is it's not you could call it storage but for us it's processing time

and I believe I know um are you from dees Oh no you're not okay sorry but um so if there is an escape of odor um it could be made to investigate it or somebody would have to come in and investigate it but you can't enforce an odor Um, and the only recourse would be to ask you to mitigate it, identify it, what's causing it, and how to mitigate it and get, you know, stop it. Um, and you said you've been very good about wherever you've been, that there haven't been complaints as to your process goes. Um, any chances that you're selling the company anytime soon? Um, so purpose energy and I hope I hope hope they hope I stay with purpose energy. The the purpose energy could be sold. Any company could be sold,

right? Um, but um, the the people who run it dayto-day and live with it and design the plants. Um, our CEO won't leave. So the same and the reputation of our founder is pretty he's a New Hampshire guy. We're a local company. Um, we're headquartered in Salem. So, if we cause a problem, it won't be people won't have very far to go to find us. Um, we're down right off of uh or it's exit two, the Ananda building. Um, so you can find us there. Um, my wife is from London Derry, so if I screw screw anything up here, I'm going to hear it for the rest of my life. Not just from her.

Her first. Anything else from the public?

John Sauy, Three Aspen Circle. I just want to reiterate some of the facts. We investigate all the facilities and nobody was 100%. They all had the smell. Some more than others. The one in Rhode Island was very serious. That gentleman that wrote that article owns the building. He did have to have his employees leave numerous times. They're being fined $15,000 a month. They haven't corrected it and they continue to pay their 15,000 a month. They probably can afford. You said you in any of your facilities you've never had an odor. Correct.

We have uh polymers we use to dewater. Like an odor is a subjective thing. All I could do is invite you to come to one. I'll I'll take you. I That's great. But again, have you ever had a complaint on orders? Never had a complaint on odor that I am aware of. And you mentioned that your Vermont facility, you do have one on a farm. Four. They're there. None on farms. We don't do farm digesttors. They're either next to food companies or they're in industrial parks. Um some are near residential. The south manure or any of that. We don't do manure.

Okay. You're very confident in that there's not going to be would you be willing to put up a bond or something should you have a problem that you'd pay the residents of Brook Park State on a monthly basis. You have recourse through the courts if we cause a problem. Oh no, no, no. You're asking us to hire a lawyer. Excuse me, Mr. Chair. Tony, Tony, Tony, Tony, settle down. Thank you. you're borderline well beyond anything that has to do with site plan regulations.

Well, it's a concern of the community. So, if there is a mistake made and they back what they're saying, then they can back it up with money to Brook Park State your residents that'll suffer as a result of the smell. That would be beyond this board. But his answer was hire a lawyer. That's his lawyer. That's his answer. No, he said that. There's a there's a law that dictates the appeal and recourse for residents or anybody else that has an issue with the facility. That is why the response is you may seek legal representation at that time.

I'm very familiar that I did that for years with AIG. So that's the factual legal answer.

So now I'm going to say it to you. If you believe them that we're not going to suffer, fine. But I want you to use your minds, your hearts, and your common sense. If you lived in our community, you're in your forever home. And this happens to us. It devaluates our homes. If a friends were going out with the family and grilling and having fun in the pool and playing in the backyards and we're stuck. We're stuck. She said, Kelly said that, hey, you can investigate the smell and stuff, but I didn't see real serious recourse on that because I don't think it's well defined as far as your recourse is concerned. That was pretty obvious. As a result, we continue to suffer. I know it's important to bring in tax bases in this community. Totally understand it. Been here since 79. But is this the right fit for London Dairy? But yourself living in my community over a hundred homes, some just a thousand yards away. And then they have to live with us. And they've been there and they put invested in their homes. And this is their forever homes, as I call it. The community's done a great deal in cleaning up. We got the park where the kids play. Everything would go south. Our lives would change forever. So if you think this is necessary for our tax base, come live in our homes. Understand what we're going to put up with. Understand what it could do to us. Thank you.

Thank you, Kelly. Just to the point about no recourse when it comes to an enforcement matter. If it is founded, there are fines and monies at stake, if you will, that we, the town, would impose on the applicant in this instance. Do we have any fine schedule or structure? We do. It's through our code enforcement process and it's dictated in state law. I believe it's 275 for the first day 550 per day thereafter. Okay. Until they come into compliance. Okay. When we get to Thank you.

I was just going to ask her. Okay. What? Go ahead. No, I just want to ask on that topic. Um, is there a way to if if this causes an issue like through our regular reg regulations, not courts and everything else, just shut have them shut the plant down. They submit a complaint and it's founded, then we'll follow that uh enforcement process which dictates fines and fee schedules that need to be adhered to, but it could lead to get it getting shut down as well. Correct. I think what he's asking is if they can afford the fine and they're just figuring it into the cost of doing business and they're just going to roll with punches. Yeah, there's a I think that's what he's ultimately asking, right? There is an end all that the courts

what's the end all that the court would a judge would need to determine that a judge would need to state whether or not they're shutting it down and paying the not the type of thing that John can walk in and say shut this place down. you would need a court decision ultimately for that. Okay. But there's all I I got to finish this up because there is there is other there's other things at stake because if if it goes into failure, there's a there's a better than average chance that the federal and state permits are in violation as well. Not to mention the wastewater permits and all the others. If if that happens, then then there's recourse there as well.

Yeah. Not just locally. And I should clarify talking about the code enforcement process is a municipal process. The town is

following through with whatever the complaint was and following its process. Whoever complained is not incurring a fee. The town is going through our process, utilizing our staff. And my assumption would be if we go through the courts that we would ask whoever the applicant is that the complaint is against that they they incur the attorney's fees. That's what we typically do. So that is a municipal enforcement process that's followed, not something that has to be initiated by a private resident. Ray, real quick before you talk, Ari, you looked like you had something to say. Thank you, Mr. Chair. Could I just use that microphone for you for a moment?

I'm Ari Pollock, the attorney for the applicant. I only rise because the question was raised. Uh the remedies for the municipality are statutory. They're um the fines that were mentioned. Attorney's fees can be collected from a violating party uh as well as the issuance of a cease and desist order to shut down the activity that is alleged to be violating the municipal codes. Um the other comment that was made is of course accurate as well, which is there are multiple levels of authority and review. Uh so if there's a state permit that's violated, the state has similar remedies as well as the feds for their permitting. And so yes, the town has recourse. Uh and uh obviously any complaint can be investigated and if it's found to be true, action can be taken. Thank you.

You're welcome,

Ray. Thank you, Ari. uh Ray Berserlin 3 Gary Drive and uh I I I just want to mention uh I'm speaking as a private citizen but I don't know some people may not realize I'm on the utility committee. I'm on the water subcommittee and on the sewer and solid waste committee. Okay. I'm not speaking for them. I'm speaking as a citizen. Okay. And we've heard a lot here this evening. A lot of people citizens have concerns and a lot of the concerns is what is the benefit to the town of Londereerry and the citizens and that needs to be something that takes in uh you take into account. You've heard a lot here. Okay. Um as far as the biodigestertor, I think that's a great idea. taking food waste out of the stream that's going to landfills. That's a great idea. But the impacts also have to be concerned. Okay. The impacts on our roads. We're talking about a lot of trucks coming in. I would like to uh find out whether all these trucks are coming only from the state of New Hampshire or are some of the trucks coming from out of state. I I would like to know that. But we're impact with a lot of things here and and and taxes are one of them. A lot of people getting to the point where they wondering where they can afford to live here, but where you going? Because wherever you go is you're going to run the same thing. Our impacts on roads. We're talking about Pettingan Road increasing the length of it, increasing put additional lanes in because of the traffic we have right now. And now we're going to have more traffic and we don't not even sure

how much traffic is going to be. How many trucks? We've heard about a a traffic study. Um yeah, traffic studies can be a little confusing. Um, I'm not sure there's been one that's accurate. I think the town should do their own actually personally. But all of this impact and we're talking about, wait a minute, the the the traffic study about cars coming and going, the people are working there, they're going to work there. They're not leaving during the day to go to lunch, I don't think. Maybe they are. So, most of it is going to be truck impact. and truck to impact. If we're talking about large trucks, diesel trucks, we're talking about the uh the air. Wait a minute. We're talking about these buildings where we come in and they unload. Okay. So, now you have fumes in the building. Are you going to have any any in uh in u

ventilation?

Ventilation. That's the word I was looking for in the building. And if the inventilation is going out, where is it going? It goes to the atmosphere. Um, natural gas propane. Methane has to be cleaned before it's put into a natural gas line. There's a process for that. And sometimes it has to be fleted off. That happens. Do we really want to see that? Probably it's not going to happen very much. But sometimes it does because if it doesn't meet the right standards, it's pretty much got to be flared off. My point is this. There's an awful lot of impact. And I don't see much benefit for the town of Lenderlay outside of impact that we're going to have to deal with. A lot of that potentially is going to be put on the burden of the taxpayers. So I'm concerned about the benefit for the town of London area. Once again, I'm not against biodigesttors. I'm not against taking food waste out of the stream that would go to a landfill. That's all good. I have another question and that is I I I'm concerned about water. I'm concerned about storm water runoff. I'm concerned about whether there's going to be a parking area. Is going to be an area where these trucks are going to come in. Are any of the trucks going to be staying there? They immediately going to leave. I think they're going to come in and leave. I think that's what I heard.

But this particular area, if you were to look into it, is actually an area of concern for water. We have some real concerns for water in this town that we're trying to deal with. And that particular area up around the airport is also an aquifer. There's also a small stream up there. I think it's called Host Trail Tail or something like that that feeds directly into the Baron River. And all the water that goes into the American River then has to be cleaned up and put back in the uh the pipes as clean drinking water. I think we have a lot to be concerned with here. I think you've heard it from a lot of the citizens and uh the balance is between impact, good impact for the town and bad impact for the town. and and the company seems like a very good company that's had very good success in the past in different places and I I can appreciate that. Personally, I'd like to go to see one of them, but um but these are really serious decisions that we need to make and I would like to hear more from what the benefit is to the town of Londereary. Thank you for allowing me to speak.

Thank you, Ray. Anybody else from the public? Thank you, Mr. Chair. Kevin Smith. I'm a consultant with the purpose energy project. Uh, and also a resident of the community at six King Phillip Drive. And, uh, by the way, Ray says he speaks as a citizen. He actually speaks as a citizen of the year, I think. Right. RIGHT. SORRY, VOLUNTEER of the air. Volunteer of the year. Sorry about that. Um, I appreciate the concerns raised by the citizens and the residents who are here this evening. Certainly any concerns about odors uh are reasonable in nature. Um, I'd like to offer the board a couple of u real life anecdotes about how the town's ordinance on uh this particular matter on odors has actually been enforced uh in the past. Um, way back in the day when I occupied the TMC, uh, we had a complaint from a resident, uh, whereby another resident in the neighborhood, uh, who owned one of these food trucks, uh, was firing the truck up at 6:00 a.m. in the morning and, uh, firing up their slow roasting barbecue cooker. It was a barbecue food truck. Um the irony is is that some of the residents loved the barbecue smell in the neighborhood, but some did not. Um but it did smell. And so uh the zoning officer and myself went down at 6:00 a.m. one morning to see for ourselves or smell for ourselves whether or not you could smell it. And you could. And ultimately what resulted from that uh is that the uh owner of the truck was made to move the truck off the premises uh outside of the neighborhood uh if they

were going to be starting up the the slow cooker uh because ultimately they were found to be in violation of the town's uh odor ordinance. We had a similar issue with another resident uh who owned livestock off of Beacon Street and the residents were uh complaining of odors uh coming from that as well. Um same type of thing. It was investigated. Uh it was found that they were in violation and eventually uh that sit situation ended up being uh resolved as well. So my I guess my point is that if our zoning office is willing to go after food trucks and livestock, if this is emanating odors, I have uh no doubt in my mind uh that they will follow up follow up thoroughly investigate it and take the proper action uh that is given to them uh through the zoning ordinance. Um, we did have a situation uh of another business uh who was in violation of the zoning code, not for odors but for other reasons. And they refused to come into compliance and we did take him to court. We took him to superior court. Um, they knew at that moment we were very serious about shutting them down and uh that case uh was settled quickly. uh they conceded to a number of provisions uh and so uh that also resolved itself as well. The other thing I would offer is that uh prior to uh taking on the consulting role with this project uh I went and visited their facility, the recycle works facility in Brainree. Um it legitimately is in the middle of a residential neighborhood. In fact, I thought I was lost when I got there because I thought there's no way it could be here. And then when I even found the building, it did not appear to

be what I thought it was going to look like. Uh it was on a humid 85°ree day. Uh and not only were there no smells emanating from outside the building, there were no smells even inside the building. So I feel pretty confident uh that they have the track record and will stand by it when they say there aren't going to be odors emanating uh from this facility. But in the unlikely situation that they do, I also feel pretty confident that our town uh has the proper tools and the toolbox um to address it swiftly uh and efficiently uh to bring them into compliance uh along with whatever the state would decide to do in that situation. Thank you.

Thank you. Anything else from the public?

Good luck. Frank Donlin, 10 Woodside Drive. U just to clarify, I guess, um isn't the guy that's selling the property the code enforcement guy for the smell. No, no, we have Oh, he's Okay. We have a code enforcement offer officer that is a separate position. That's a separate position. Okay. But they're in the same town offices.

Okay. So, there's no conflict there. Um is there I actually sent an email uh today to Kelly and uh I wanted to see about a conditional use permit. I wanted to see if that's something we could look into to kind of, you know, hold their feet to the fire cuz I mean everybody's it's it's great when they're all promising that it'll be good, everything will be good, but when it goes bad, like we've heard a lot of people say, "What happens then? Where's the remedy?" Um, so I I was curious today and I called I I uh emailed Kelly and Kristen and I asked about a conditional use permit and maybe you guys can talk a little bit about getting one of those to kind of hold their feet to the fire on smell and on noise and on, you know, ash maybe if something comes up and burns off or any of that kind of stuff. Um, what are your thoughts on a conditional use permit to you know, if this goes forward to get that in place.

I guess I wouldn't really understand how that I I didn't catch your name. I'm sorry. I'm assuming you're Mr. Don Donlin, correct? Yeah. Yeah, I respond I did respond to his email, but I think it So, okay. It's around about 6:30 p.m., but um I think what he's asking for is a condition of approval, not a conditional use permit. And yeah, in short, my response was

if that's if I'm interpreting, they asked correctly, then it's already addressed by way of what we've been talking about this entire time, which is the performance standards. And then if those are not met through the um code enforcement process, so you already have a condition of this review that dictates they need to follow those standards. And then if they don't, there's an enforcement process. Anything else from the public?

Marie Coons to Aspen Circle. Um, you answered already answered quite a few of the questions I had thought of. Um, uh, one thing is, uh, where what is your water source going to be? And um also um in researching this uh bio gas issue online uh hydrogen sulfide is one of the gases that came up that needs to be dealt with. Um I'm wondering if that is a concern to you guys or not. You did not mention it when you were mentioning other things. Also um how is the sludge that's at at the end of the process? how is that going to be disposed of? And um and you guys basically answered everything else. Um also, will this facility get inspected or monitored in some way to to make sure they are following all the rules and regulations? And that's that's all I have today for questions.

I'll start with monitoring inspections. for last one here. Is there any inspection process? Is the state involved in any sort of inspections? The state has the right to inspect us, I believe, at any time. We have to keep log books. We have to submit um our operation and maintenance plan. We have to submit a closure plan. Um by the way, all of those things are in the office, the planning office. um as part of posting our solid waste permit, we had to put all those plans and materials up there.

Um I don't know if the state has a regular cycle of doing that. Um there aren't many facilities like this in the state, so I suspect that they will exercise. I know they have the right to come anytime they want. Anything else on on her question? Yes. So um hydrogen good questions both of them on water and hydrogen sulfide. water. Um we won't take a lot of um fresh water from the town. We have maybe a little bit for employees and sanitary. We'll we'll be adding net water

because the water that comes out of our process will be cleaned up and go to the to um the the sewer system, but it won't be water coming generally won't be coming from your water supply. Okay. So, you'll be putting water into water, right? will go up to the Manchester wastewater plant. What about the hydrogen sulfide? So, there is a trace there are trace amounts of hydrogen sulfide that come out of gas when you clean it. Um that goes into a specific vessel um where it is absorbed into carbon and taken off site. So, it will not go into the air. It's going into the air. Doesn't go into the air. It gets it gets um soaked up into this carbon media that gets regularly replenished and hauled away. Oh,

okay. It's a good question. Thank you. Okay. Thank you. Thank you. Anything else from the public?

Hi, Patricia Robbins, 532 Mammoth Road. Um, I have to go let the dog out. So, could we answer the question about how this benefits the town other than tax revenue and how often you burn the methane off? So, I can't really speak on tax revenue because I don't know that that's necessarily Well, it's not going to help our property taxes go. I don't know that that's necessarily a planning board purview type thing. I mean, we're here to talk about regulations and if it meets it, not as several times how it benefits the town, how it benefits focus is on it. I understand regulatory compliance.

I understand what you're asking. It's not the planning board discusses regulations and if a site plan meets a regulation. So who answers the question for that? Well, who do I ask? Council, what is I guess are they ask is the question what is the tax revenue from the project? No. How does it benefit the citizens? The town of London. So in my view, the benefit is whatever the revenue from the tax what's brought in from the project that but that's for the town. That doesn't help my property. Well, it does. Right. Okay.

Right. But that that's a that's a very subjective question. And that's why we stay kind of away from it because again we're I I understand what you're asking. But you need to understand that we as a board work on regulations. Yep. There's no regulation about what the benefit is to the town of London area to the board. We have to sit here. We have to sit here and look at okay has the application adhered to what the site plan rules and regulations are for the town of Londere. That's our job. That's our purpose. Right?

That is the point of this board of which is a quasi judicial board. We work on fact of sight plans and subdivisions not feelings of but somewhere in the process there should be a a benefit for the town besides tax revenue. We're not even focusing on tax revenue really though we've discussed it. It's not it's not inside of what we are here to discuss which is

does this follow the site plan rules and regulations for the town of Londereary school.

Okay. If I were to talk about feelings and how I benefit something or how something benefits the town of Londereerry, I can think of plenty things that have come to this board like very high income or high density housing that I don't feel benefits the town of Londereerry. I can't make a decision based on the fact that I don't like it. I don't like for instance high density housing in most apartments and stuff like that. That's not a regulation. I'm here to look at what the regulation is. If it fits into the regulation, if it meets the regulation, if it meets the standard, doesn't matter what I think about it because we work off of what the regulations are.

Okay. And then can you answer the other gentleman's question about how often they burn off methane? You guys, I will let you answer. I will answer that. So, um, the answer is as rarely as possible. So, we a critical source of our revenue is selling that gas. If we're burning it, we're burning money. So, it is a extreme circumstance um if if for whatever reason we're offsp spec um for what goes into the Liberty pipeline, we have to fix it immediately because we're losing money every minute. So, it would be an extreme circumstance. Um it's it's just not it al also is shrouded. So you won't be able to see it. Okay.

If it's burning, you won't see it. In fact, it's another circumstance of you won't see us, hear us, or smell it. Okay. Thank you. Jason, did you have something?

No, I I was just going to say when you when you take something subjective like does it benefit, right? What one person thinks benefits a town, another person is steadfastly against. And if you start approving or denying things based on whether you whether I think it benefits or Jake thinks it benefits or you thinks it benefits, that opens up that developer can then turn around and say, "Well, you denied my request based on something subjective that you can't prove." And that opens us up to liability. So the idea of we reject something based on our collective feeling of whether it benefits or not is not a standard that can hold up in court.

I think Tony

I think thank you Mr. Chair. I think we need to you need to go even fur Jason, you're right, but you need to go even further down into the base and and and and recognize the fact that back whenever the town council or the administrative body of the town zoned the land, right? They were the ones that that had to approve and say this land is commercial, this land is residential, this land is whatever. following that um um the what that meant. What does residential land mean? What does commercial land mean? What does industrial land mean? And there's a whole list of things that are allowed that are and it's it's called are permitted, which is another word for allowed in specific zones, right? And in our subdivision plan um books, which some of you look online, but I have this color air hair, and so I have it all printed out into little books. This is the this is the subdivision plan. There is a list of all of the different kinds of zones in the town. AR1, R3, C1, C2. I'm not going to go through all of them. And and all of those are here that says what what you can build in that. in that zone. Okay, we are talking about the GB zone, right? And that has its also has its own set of uh uh regulations

regulations and allowable uses things that can be put there. Now, we also have to understand, and I've said this a lot over over the past years, we have to understand that the that the owner of the land in any of these projects that we look at is owned by somebody who's paying taxes to the town of Londereerry. Many times we have seen at this board, in fact, more often than not, it it's probably an oldtime local person who bought the land instead of buying stocks and is now ready to sell the land to cash out and retire. that happened on a massive parcel of land in London that is is still being processed for lack of a better term. So, so state law, the RSAs say that you as a town, as a municipality, must honor what you have on the books, which protects two groups of people. It protects the owner and it protects the uh developer because the de developer is going by a set of standards. You cannot according to the the state of New Hampshire's laws and regulations, you cannot have the rules and regulations and allowable uses for a piece of land and say, "You know what? what this we don't like that

and if you do that you're going to end up in court and that has happened and 100% of the time the town has lost this town other towns in our area one who's very close to our area is in court all the time uh I can't even imagine their legal bills but but the point is because they're doing things like that they're saying, "No, we're not feeling it." You know, "We're not feeling it." And the applicant is saying, "Yeah, but your rules and regulations say we can." And they go, "Yeah, sorry. We're not feeling it." Now, you end up in court, you lose, and there's severe ramifications that that happen as a result of that. So, so the the the process and and and to your point, Mr. chair. Uh what we are looking at are points of law, rules and regulations, and we're looking at two sides of of an issue, right? And and to be clear, these ordinances, the zoning ordinances were put in to protect the citizens of Londereerry. the divisions of that we weren't involved in. Well, maybe Arthur because he's older than all of us, but he might have been he might have been involved. I did that just so he'd wake up. But but it might Thanks.

He might have been he might have been involved in it. I I'm not sure. But but but you know, back in the day, predating zoning, it was a mess. You could you could have a manufacturing plant next to somebody's house and nobody could do anything about it. And so and so these zones and people who are buying land uh uh what do what do you do? What what do we do? What we do is we follow the ordinances. We follow the RSAs to try and protect the municipality as a whole from incurring fees due to litigation. So, a little bit of a primer. I could go on for longer, but it's not necessary.

It's important. It's important to to to get that out on the table so that that people understand whether we like it or not. And and I would never I will never say because it's not part of my role here as one person on this board that I take very very seriously. I would I would never play my cards on whether I liked it or not because it's not it's not a valid thing. It's not a valid uh position to have an opinion. It meets the point of law. It doesn't meet the point of law. It meets the zoning. It doesn't meet the zoning. Very simple.

Thank you, Mr. Chair.

One sec, Brian. Yeah. So, thank you, Tony. Um, yeah. So, it's our job that I I see is for us to to hear all these plans, work with people like Tony that know all the regulations. I'm still getting there. And and try to see, okay, does this meet regulations? Does it not? Um and so one of the one of the residents actually mentioned, gee, um you know, maybe there's got to be another spot in town. So, I was like, you know what, I'm curious. I put it into AI and said I figure it has it has food going into it and pile going out. Show me where food you know where the good place for this to be would be and actually gave me the north went where have because I didn't even know this. There's a power plant a gas power plant right there and obviously Stonyfield. Um I know they can't confirm or deny what their future plans are. Um, I know some were alluded to tonight, but it's I I mean, I understand the concern, but if we're gonna have it in town, in my opinion, this is the place to put it.

Point of order, Mr. Chair. Did you close public comment? No, I didn't. I'm going back. I'd like to ask a question. I want to go back to the public. And everybody else has been doing it. I've had my hand up for the last four minutes. Can Can you let me get through the public? Do you want to talk now or do you want to Can I get through the public talk now? Is there anybody before this gentleman comes back up that hasn't had an opportunity to talk that would like to?

Yes, sir. Allen Law, 13 Woodside Drive. Um, I guess one of the biggest things that I have concerned here is a gas manufacturing plant right in line with an airport runway. Is there any concerns about zoning? As far as the FAA is concerned about if there's a catastrophic event at this gas facility, something happens, what's the blast radius? How far is this going to affect everybody around it? And is that going to shut down the airport?

Did you have any FAA permitting that you needed to do for it? FAA permits have been filed and received. So you've filed with the FAA on the project that you've received approval from the FAA on the project. Correct. It's in their application before the state and everything and the airports import. So they have had they've weighed in on it and no problems.

For a little perspective on this, there's a different volumes of gas lines, right? There's transmission lines and then there's distribution lines. We're going into a distribution line at very low pressure. And while I'm proud that we'll supply enough gas for somewhere between 2,000 and 5,000 homes, New Hampshire homes, it's a very minuscule amount. There's a stub line that comes off the transmission line, which is a vast volume of gas that goes to the power plant. It's the gas line and the gas volume that goes to your combined cycle natural gas power plant is thousands of times bigger than than our line in terms of the volume it takes. So we're we're minuscule. We're not a threat any anywhere close to what say your power plant is.

Thank you, sir. Anybody else? All right. Come on up, sir. I just want to clarify what you said. So basically, here's what you said. Everything we have said to you, you will not take into consideration. No, your job is simply to see what My job My job is to follow regulation. So everything we've said here is not even going to be taken into consideration. I don't think you can say that. Is there anything here? Is there anything here that you've discussed that is not on feeling of something? Is there anything here that you've discussed and has said this is not following our regulation? So the fact that we don't feel this is for Londoner makes no difference. Everything we've said really

is there a regulation that says is there a regulation in here that says how how do you feel about something? Is there any regulation inside of our site plan? Trying to define your job. I'm not doing battle with you here. You're not trying to define my job. You're trying to pick us apart. No, I'm not. We have we have we have one thing we do. We follow regulation. Find me a regulation inside of our regulations that say, "How do you feel about this project?" Take it down a bit. This is all I'm saying. I'm asking there's no reason. Can I talk? Can you find me the regulation that says, "How do you feel about this?"

That's not what I'm defining. What I'm saying is for my clarity, I had no idea that all this that we presented was moot. That it's not something you do. From what you just said, I now understand that I'm not picking you apart. I'm not picking on anyone. There's been a lot of pleasing, how we think it's going to affect our community. Simply put, if you told us this in the beginning of our first time here,

no, nobody would be here because we're wasting our not your fault. I understand your job, but we wouldn't be here cuz it's a mood issue that none of thing anything we presented because it's not a regulation can't be taken into consideration. Am I correct? May Sean. Yeah.

So, I think this is important because I really I empathize with this. I empathize with everything that you've been saying. I empathize with, you know, waiting in the room. There's a lot of people that came out are really passionate about this and it's a good as much as this may seem like a waste of time. I think it's a good thing to get out for the community because unfortunately this is not the only night this happens and we have to it's not even do we care about what you have to say because I deeply care about what everybody in here has to say and all how they're feeling and and and what could happen to your property, your house, you know, smells making unlivable. But when it comes down to what can we consider and I and what you said back, it seems like you you understand that, but I think we've got to get that out to more people.

I only understood it when you started talking about the regulations and what you do here. But I think yeah, we have to get that out to more people because I think there's a lot of misunderstanding that we approved something within the regulation because we like it and it's that has nothing to do with it. It's just does this follow the law? Does it not follow the law? And we can look through different parts and go how does that and some of the questions I think are very appropriate like the the airport question is you want to know what happened and then you find out a permit was filed with the the FB

and then you can you get your question answered that way and you know there's assurances in the process to cover some of these contingencies and I think those are valuable questions too as well but as far as us for considerations it's just it's purely law based and then that's that's all we can do at this level. I just understood that. So thank you. That's it. I want to keep moving on. Anything else from the public?

Just a quick question on on that. Please come to this first. Yeah. Thank you. Thanks, John. As far as the board is concerned, I think everybody's in the same boat. We didn't we didn't know the purpose. Um I why do we get notified and informed that as an abuter we can testify? We don't know to look up regulations. So it kind of seems moot to send us a letter saying you know as an abuter you can testify but I mean what what is the point? I I would like to know the reason for that. You know it's it's a law and a regulation. Our law requires us to notify. Again, we work on law. Our law

the notification I get. Our law requires us to notify abutters of development going on abudding their property. Yeah. So, but it says the right to testify, but it doesn't say right to testify about regulation or something else. Our obviously our personal opinions are what we're going to testify about. So, I don't understand the point of saying you have the right to testify if it doesn't matter. That's, you know, I don't think it necessarily doesn't matter. It's just what we can interpret. Jake, I'm I I'm not saying that you put no weight on what we feel. That's not what I mean.

What I mean is if you put in the letter, you can testify about tell us something more than you can just testify is that have a regulatory question, issue, whatever it may be. then a lot of us I think would have maybe done a bit more research and be better prepared instead of looking at the type of facility and what we can comment about that and I I just think we would have had a better opportunity to maybe bring something that was more valuable. So I I want I would end with this it is

we can't tell you what you can testify on. You could come up here and tell us all to go pound sand and I'd listen to it all night long because you have every right to say what you'd like to say. So I can't necessarily we can't dictate what you can testify about. Okay, if that makes sense. But no, no, it makes perfect sense. And for those of us that haven't been here before, now we know this, which we wouldn't have known before. And just seeing you can testify, none of us knew what we were supposed to have for information. So I appreciate the clarification. I appreciate it. I think it's time. Anything else from the public before I close up public comment? All right. Seeing none, I will close public comment. Jeff,

I have an um a follow-up question to the for the applicant. Um so, there was a lot of testimony tonight about odors and and such like that. Um and my initial questions also stemmed on that aspect. Um there was questions about having the you know, when it gets to where it gets to um financial ruin and stuff like that. Do your facilities monitor odor output, both odor that you can smell and odorless

aspects? Because I would think that your facility should be sophisticated enough to identify the problem at the root cause before it becomes our community's problem. Right? So, I'll break that into two pieces. Um, odor. The smell odor um is is subjective.

Actually, can I just clarify? So, I'm thinking I apologize and thank you for starting. I just want to clarify when I hear testimony saying odors could cause, you know, a headache or nausea or some other physical ailment. Um, is there, you know, and I'm not a odor scientist, um, by any stretch of the means, but is there any types of mechanisms that can predict or, you know, predict, okay, this is above, this is approaching failure. This is kind of getting to a point of this gas. We know that this gas if it gets out into the our community, our residents are going to have some type of um reaction to it. I would what I'm trying to get at is if there is a type of barometer or measurement or something that um you know I'm just did a Google search and there something I don't know how effective it is. Again, it's not my cup of tea here, but what do you guys how do you guys measure this?

Right. So, the only thing I can think of that is an immediate danger is the H2S that was mentioned and we have sensors for that. So, if that that would alarm and we would know immediately something was wrong. Um but um so so you asked about sensors that and there's an odor to that too. Um, but we have and that's a very sensitive sensor because it's it's it's um it's gas you have to keep keep track of and if the sensor goes off you know that there's a potential problem that's percolating. It has to get remedied immediately. Carbon and chloride um carbon and chloride for H2S2, right? Yeah.

So um we well you need sulfur, right? So it comes from from from sulfur um and it's bruised by a specific bacteria. So, um, so, uh, as far as the subjective side of smell, we have employees that man these all day long. Mhm.

Um, if we had a chance, I could show you the clip. Um, PBS did a pretty nice feature on us in a news show about our St. Albins's digesttor that serves Ben and Jerry's. You can see a guy in a lab who's testing our water. He's monitoring stuff all day long. We have labs in the building um, that are testing things all the time. um we have to produce reports. One of the things that John asked us for was um show us the out the effluent reports. Actually, I guess it was Bob Kerry asked for us to send some effluent reports from other digesttors. And I could only share what those wastewater plants track for. So, they wanted to know, you know, TSS um um total soluble solids, right? They wanted to know um nitrogen. And so, I had we produce those reports daily. Um, so there's lots of things that the regulations make us track. Sometimes it's a local regulation, sometimes it's a state regulation. Um, the state is tracking us. Um, for our solid waste permit, a bunch of the things they made us answer were, um, what what do you produce that could pass the perimeter of your property? Um, and the answer was really nothing, but you have to go through all the concentrations. We're still working on our air quality permit, and we won't get our solid waste permit done until we've satisfied the air quality permit. So, um, there's things the state makes us do that go far beyond what you you have to enforce here. I don't know if that helps.

I mean, it does. I think, you know, kind of just um thinking through that and I So, yeah. No, I think you answered my question. I would add one more thing, which is we're in business to grow and do these in other places. These a lot of towns are eager for these to come because we help out the local wastewater plant in some cases, not so much here. Some places we're actually taking a burden off the local wastewater plant. We're allowing the local businesses to grow. Um Danon's yogurt plant in Ohio is going to add jobs, make more yogurt because we're building next to them.

Um they've visited our plants. They know that we don't smell. They know we're going to be able to serve their needs. If we had a bad track record, we wouldn't get hired and you'd look us up and we'd look like these guys who got mentioned at the podium. No, I do I do agree with that statement. I'm definitely just looking for kind of just a simple monitor that says this is outside of kind of normal operations. We're going to have an issue if we don't address it today like at this moment. We're also going to be a community member and we're going to hire here. So if we're going to take quite seriously if somebody looking for an alarm that goes off

uh there's no alarm for alarm for this smells bad to me. But if it smells bad to a bunch of neighbors, we're going to fix it. Uh we already have odor control measures in our So you don't have like so there's no like there's no like standards of odor. Not for this smells bad to me. Again, for all the reasons you pointed out, it's subjective. Yeah, it smells bad to you might not smell bad to me. Well, I'm not saying but if it Yeah. if it has any type of smell, but it's I'm just trying to kind of All right. No, I just Yeah, you answered my question. Mr. Chair, I believe Ann had a question earlier and there was one correction I wanted to make to an earlier comment. Go ahead. Did you want to make the correction to

um It was just it was asked earlier about the amount of green space. Um 25% is required. We're providing 64% on the lot. That equates to 9.6 acres. the area that's being left in its natural condition is approximately 3.6 acres. So, I just wanted to make sure I clarified that. Ann,

thank you. Um, I had a question. Um, it may never this situation may never happen, but I was just wondering, um, if there is an issue, can the plant be shut down quickly without any danger from shutting it down quickly? I I don't know. It's a good question. I mean, it's a it is a stomach. Um, the c the plant is not full of chemicals. It's full of parts digested food. Um, if you had to shut it down, you have to drain it. So, you literally bring in trucks and the same way it's fully enclosed now, it would be fully enclosed in a truck and you'd have to drain it and and um recommission it. That means you bring in new bugs, you refill it. We've never had to do this because when we commission a plant, it doesn't go down. Like I told you, the plant we commissioned 15 years ago in South Burlington, Vermont has never gone down. It's never had a small problem. So, we've been at this a long time. We've never had these problems. Um, but if you did, you you drain it. You'd fill the trucks, tankers of trucks, they'd take it away, and you start again.

Wouldn't it be cheaper to just buy a bunch of bottles of Tums and just throw them in the I would probably a stomach. That's what I do. I think I might I might run a foul of John's regulations. I might process Tony, I just it's a good idea. I I certainly keep them around. Patent pending. I'm not sure if that's an option. Anything else? No, that's it.

Tony, that's Mr. Chair. Um so um first of all just as as a general statement um public comment is very important. Um I will tell you tonight that that on four different occasions because of a comment that was made in public comment, it triggered something in this crazy brain that I had and it caused me to ask a question that I hadn't thought of before. And so the public comment is is extremely valuable. I would also say and remind this board and others that that while it's it's ordinance and RSA enforced, there have been many projects that have come to us in in in a format other than a formal application um where we have said, "Wow, you to get that in that zone, you're you're going to have to go through a lot of hoops and many of those we never see again. There are also have been some recently within the last year and a half or so where because of traffic concerns which we can have have some comment on u projects have stopped and left and not and never followed through with the rest of of the the process. And so uh to say that uh public comment is not valuable uh is wrong. Uh to say that we don't listen to public comment I think is wrong. Um and to say that we don't do anything with the public comment um I also think is wrong. Um, now I would like a clarification uh from a piece of

public comment that came in that said we're only 1,000 ft away. It it seems to me it's got to be farther because 1,000 ft. A house that's 1,000 ft of this would intimate that these digesttors are right on the lot line. It's 1,800 ft to 1800 to the lot line. And then you've got beyond that. So the testimony that was given that said we're only 1,000 ft away is not true. Yeah. Is that am is that Yeah. It's it's 1,800 to the lot to the lot. It's 1,800 ft to the lot line and then whatever that distance is to the digestive

and then another 50 ft 100t whatever it got to be a 15t setback then another 50 feet or whatever it is. So I just Yeah. So whatever. Um and um one uh another person uh asked about and I believe we heard that we're only taking New Hampshire waste. New Hampshire trucks New Hampshire. Am I wrong? Did I Did I hear that wrong? You heard that? For in for incoming inflow. Yeah. For the first Please stand, please. Thank you.

Dan Bonigerio, Recycle Works. Uh the plan right now is all New Hampshire based waste. Okay. Um, thank you. I just I wanted to make sure that I that I heard that correct. Um, now I I also want to say and it was mentioned so um yes, I did go on one of the look see tours. It was the same one that u Mr. Smith um talked about earlier. Um, I did want to say uh on the record that he was late for that meeting as well. Cuz I couldn't find it.

But but that's cuz your mother told you to follow your nose and there was no smell. But I will say that what I saw and in and in my and in my lifetime and and I've I've been so fortunate to have um lots of different careers and lots of different experiences or whatever. And I've spent a lot of my youth that I'm not going to get into in warehouses. And I will tell you that I spent many days in grocery what they called then back rooms which before the advent of large warehousing. Every grocery store had a back room where they had a week's full of groceries or two weeks full of groceries to restock the shelves. Now, in modern times, you have grocery stores sometimes getting two or three deliveries a day, sometimes more in the multi-million dollar a day stores. And I can tell you that I went into a recycling plant that was cleaner than most of the grocery store back rooms that I was in. Now, I will also tell you because of how the operation works, we were not allowed to have our phones out because there was some proprietary stuff going on. But I can tell you I saw pallets of of soft drinks, for example, and th those pallets of soft drinks in the can were going to go into a special machine that smashed up the cans and then the fluid drained down in in in all enclosed into collectors that went to a

magical place that connected to a hose in a truck. And it it was unbelievable. And this is what happens when you have and help me out. Shake your head when I make a mistake. This is what happens when you have when when product is stale dated because the manufacturers won't put it on the shelf because it's bad for their brand to do that. And so you have in this case millions and millions of cans probably I'm guessing on a on a monthly basis going in getting crushed fluids going one way one way the crush cans are going another way and what I saw was a very clean very well-run family operation which in my life anytime I dealt with a family operation it was all good. So, I just wanted to let you know that I did do that and I'm glad that I did it and had an opportunity to see it and that that's my opinion on on what I saw. So,

hope that helps the board. All right. Uh Kristen, we have a couple things that we have to work on. What are we working on here before an approval? Three waivers, I believe, Mr. Chair. And then I think two cups. You have two cups that we talked about before and then um the site Flynn um approval a decision. All right. So we have some Did did the waivers already? Right. No. No. Okay. So them too.

Okay. All right. Uh we have three waiverss. One is to internal landscaping. The other one's to parking spaces and then the other one is to trees greater than 15 in. How does the board want to act on these three waiverss together or separately? We can do them together. All right. I am looking for a motion to grant ravers 1 through three um on this site plan. Okay. The memo was dated today from uh Kristen. So, I'll make that motion. Uh, Mr. Chair, motion for Mr. Rug. Do I have a second? Second. Second from uh Mr. Cruz. All in favor? Starting with Steve, please. Steve Bickford. I

Tony D. I Javanni Veronnie. I I Arthur Rug. I Jeff Pent. I Sean Faber. I John Cruz. I And the chair votes in the affirmative. Uh, these three waiverss have been granted. Uh we have a conditional use permit uh that I'm looking for a motion to grant uh conditional use permit for conservation overlay district buffer reduction approximately 8,937 ft of permanent and 348 ft of temporary wetland impacts and 117,210 ft of buffer impacts for the construction of an approximately 11.23 acre organic waste processing facility.

I move that, Mr. Chair. Can we add the truck? This is conditional use per Oh, I'm sorry. I'm sorry. Yes. So, I have a motion from Mr. Rug. Second. Who gave me a second? Second from Ryan. All in favor starting with Steve, please. Steve Bford, I Tony D. I. Javanni Varane. I. Ryan Wlette. I. Arthur Rug. I. Jeff Pent. I. Sean Faber. I. John Cruz. I.

And this conditional use permit has been approved. The chair votes in the affirmative. We have one more for the GB district. Um, looking for a motion to grant approval of the conditional use permit for dimensional relief from LZO 4.5.2B to allow less than the required 150 ft of frontage for the construction of approximately 11.23 acre organic waste processing facility. So moved. I have a motion. Do I have a second? Second. Have a second. All in favor starting with Steve, please. Steve Bickford I Tony D I Javanni Vani I Ryan Wlette I Arthur Rug I Jeff Pet I Sean Faber I John Cruz I

and the chair votes in the affirmative. All right we are on to a site plan recommendation. Um I'm looking for a motion to uh conditionally approve the application. Um do we have it? I believe we have a couple things we're trying to add to the condition. Jason, you were just asking about one. Yeah, I'd like to add the the condition that the trucks have to come in from the north and leave from the north. Kelly, we can do that, right? Signage on the property directing truck traffic or what? Sorry. We still have some I wrote it down.

What? But is that what you're asking for? Yeah. Yes. Yes. So that they don't go to the town to the south from the north. But Officer Cruz couldn't or Lieutenant Lieutenant Sorry. Lieutenant Cruz can't just pull somebody over if they take a right instead of a left, right? Can he? Well, if it's a truck and it goes past the no and it's in a no through a truck. No trucking is fine. So, we're talking about two different things. Okay. If he's in the no trucking area, you're talking about a no through trucking sign. Yeah. If they're violating that on a no through trucking posted road, that's enforceable pull over. Correct. But this is a I'm talking about wanting to

signage on the private site that directs the truck drivers as to where they can go. Correct. So they are aware in advance of leaving the site. Correct. Yep. Yep. Yep. Do we have any other conditions that we are attempting to put about the traffic study? It's part of the conditions. You have to complete it to our satisfaction. Okay. Okay.

Excuse me, Kelly. Would be appropriate. And Mr. Chair, um there is a restriction imposed by the Army Corps of Engineers relative to tree clearing that starts on April the 14th and runs through November relative to two specific species of bats, bat and northern longear bat. Um, one consideration we wanted to make with the board this evening is assuming we've been able to fulfill all of our conditions with the exception of the uh solid waste permit um that we would have the ability to cut trees prior to April 14th as it would be a considerable hardship for the applicants to wait till November to cut trees to move their project forward. This request would come specifically from the land owner uh Mr. Nick Codner. We would not be seeking to um grub or do any subsurface work. It would be specifically the opportunity to cut the trees because of this limitation imposed by another permit.

I mean the land owner to cut trees anyway have to fly. They can it's once an application has been before the town though. You've historically asked for any work on the project to stop. Well, exactly. I mean, you're, you know, you're now asking, that's like having a land owner start a site plan without a site plan approval. So, the trigger point for clearing that we get concerned with is when we have to consider erosion controls. Chime in when I'm off. Erosion controls, anything that impacts water. Yeah. On the site. Yep. Generally speaking, that concern raises when you're rubbing trees, meaning fully taking them out of the ground,

dumping, not necessarily if you're just cutting. But the reality of it is though is that once they start cutting, they're going to they're going to yank those roots, too. Thank you, Mr. Chair. So, the so the purpose the purpose of the of the bat thing Mhm. in the trees is knock the trees down so they can't nest or or have h have a have a so they don't have the opportunity time I don't know whatever they do they don't have the opportunity they call it roost you're you're avoiding their roosting period so so that's the purpose correct

so if we say if we if we say you can do that but you can only you can only go you have to cut it more than a foot and a half to two feet off the ground, the chances of grubbing that or or or or changing the subsurface flow of water or the surface flow of water is is going to be zero because you're not really disturbing anything else. But I would say having been on a couple of wood lots in my day

uh in in developing commercial buildings, um those skiitters make a freaking mess and and that will affect things. And so my concern is more with the with the with with those skitters coming in. And so I would ask, Mr. Chair, that if we allow this that that we make them rake it, York rake it to to level the so there isn't I mean you could you could have ruts that those machines are huge three and a half foot ruts in the in the in the land, right? You I think you've probably seen it. Yeah.

And so, um, I would suggest if we're going to if we're going to do that, those trucks could could change, uh, surface water, uh, direction and drainage or whatever. And maybe somebody else has a better idea now that I've discussed what I've seen. Um, and I throw it out to the board. M, Mr. chair, we'd be willing to conduct an inspection after the tree clearing is done and provide that report directly to the board so that you would have the results of that to ensure there would not be an issue with that. It wouldn't be to us. It would be to staff or or whatever. What if there was an issue?

Then we it'd be our responsibility under our storm water pollution prevention plan to immediately resolve it. So it gets into that hierarchy of all these other permits. We have to apply for the the SWIP which are you comfortable with that? No, not at all. Okay. Not at all. Tony, sorry. That's all right. No, that's all right. It does make I'm throwing things against the wall. Yeah, I I get I get the the predicament that they're in. I do, too. I don't know. I don't know what else we can do. Does John have any suggestions? You finish your site plan. Either that or you put together a site prep plan. So, you'd be comfortable with the site prep plan in the event that they can't get this done before the

bats go to roost. You'd be comfortable with a site prep plan? Absolutely. Like everybody else. So that's the condition. So what's involved with a site prep plan? Is that just putting out your soap vents or then then where does that where's that storm water going? They'll have some temporary storm water ponds. Yeah. A temporary storm water pond. That's right. That cut them down and leave them there. Have a guy go through the woods with a chainsaw. There you go. I mean, I guess it it also depends on when you do it, right? If you did it if you did it yesterday or today, not so good.

You're going to be it's going to be a mess. If you if it's if it's done the second week in August, not so much. Unless it's unless it's wet before April. Unless it's wet and April 14th. Um if al like we are absolutely willing to work with you in any capacity. If it's strictly just felling the trees and leaving them there, we would we'd be agreeable to that as well. It's I think it's more the heavy machinery that's going to cut the trees.

Um given the considerations we have for this site, we'll be a little limited in what we we can use just as far as access. We're not cutting in logging roads. Um, so if there's any particular conditions that the board would want to consider for how we cut those trees, we'd accept that as well. It's just it's such an operational nightmare. Um, the feds have given us this rule and said, "Okay, from April to November, you can't cut trees." That that's just so unfeasible that would essentially put all projects to a stop. Cut down trees.

Um, so we're we're asking for your considerations. We're we're willing to work with you in whatever capacity that is um relative to Mr. Troier's comment about temporary storm water. If the desire for is for us to cut the trees and then immediately build our storm water management areas, we could do that too. Um the reality is there's earth movement involved with doing so without assigned sight plan. Exactly. That's for sure. So we got we got kind of chicken in the egg here. Might have an answer. Why don't you ask if they were to cut them manually and just leave? Are you are you guys walk through there with a chain? go old school with a chainsaw and cut it down and then just leave it there like and leave it. Yep.

I wouldn't have if you guys aren't bringing in any heavy equipment. I don't have a problem.

Yeah, maybe that's the solution. One of the challenges that we have is that this board assembles uh once or twice a month. Um, the idea of putting some sort of a site prep plan together and having it acted upon with enough time to get anything accomplished before the middle of April is the same as not allowing it at all. Uh, so, you know, maybe the best we can do tonight instead of all um throwing ideas out is would the board consider some uh condition that allows us to work with staff behind the scenes. John is the reason that I think some of the concerns have been voiced. They're all legitimate. We're not discounting his his input. Um, if we can satisfy uh his department that we've got some sensible way to proceed, maybe we can get a jump start on things and if you know John knows his job and he does it well. If we can't satisfy him, then the rules are the rules and we'll follow them.

But it at least give us a chance down without putting any equipment on it. Yeah, Mr. chair. I think that I think the answer is old school. No machinery, guys with chainsaws. How about hands? I was about to say don't even use chainsaws. What's going No, we have a vlogging competition. Hey, hold on one sec. So, John, if you if we do that, what's your unrealistic? I've never seen a contractor go out there and do that. That's kind of where I'm at, too. I don't see how realistic. Kind of silly. I mean, the other I'm just being you're asking me. I know. You're right.

I was about to say, but if that's the if that's what we say they can do, then it's up to them to decide whether or not to do it that way. All right. Couldn't we condition this to say they they either can cut it by hand, not hand, you know, chainsaw, or work with the town until John is happy? Like either or. either you're gonna go out there and do the manual thing, which we all agree is not ideal, or they figure something out with John. Let's figure something out with the town. Talent. Sorry. Sorry. Not taking Sorry. No problem, John. Mr. Tri, listen. I think most practically, we're reinventing the wheel here. We've given them an option. They can do what they want with it.

I we'd be perfectly agreeable that that solution that was just mentioned. Can I just Mhm. So the condition is they can clear trees in advance of plan signature but they are not to use any equipment any logging equipment heavy machinery heavy machinery there you have it only machinery would be a chainsaw

right so could I just you're you're off to definition land already and and so this is why I'm suggesting rather than try to resolve it on the fly right now does the board have enough you know comfort that we could reach some discussion points and satisfy uh the engineering group um or you know or not I think we might be easier to please I understand I understand that comment but I don't know that you'll be easier to please at this moment as a group

so then so be it if he wants if if that's the condition that the applicant's asking for is to to work with town staff to come come up with some sort of solution to be able to do it before 30 days from now. Yeah, I'm going to I'm going to be the denter. I'm going to be the dissenter on that one because we know as as much as I'm a rules guy, John is a real rules guy and he already gave his answer. Correct. He already played his cards. So, so they're not going to be able to cut until December. Yeah. Correct.

Well, the suggestion that I heard was hand cut or satisfy. that that's what I would like, but I'm not I'm not the But then you didn't want us to stop making terms. So, which is it? Well, I I think the ore made sense, right? We have and it didn't make sense until you heard the or but yeah, no, no, we we we have a pathway forward, but we can at least have a conversation about whether we can use conventional machinery in a way that satisfies the town's concerns. Maybe we can, maybe we can't. Maybe the the the no heavy machinery rule makes sense, maybe it doesn't, but we don't have to decide all of that right now without conferring with a contractor on really what the consequences of that are. Okay, that's fair.

That's fair. I'm really fast. I could have that cleared by November just just by myself. Are you available? Yes. Conflict of interest. All right. So, yeah. No kidding. Um, so what's the what's the So, we're looking for a motion to grant conditional approval uh with the added condition that we've discussed with Kelly on signage and direction out of the facility and that uh the applicant is to work with town staff to come up with a solution to uh cutting trees before was it April 15th

in a way that would satisfy the town or by doing it mechanically. Can you say it? By hand. By hand. By hand. Yeah. What are the other conditions would need? This is contingent upon the signature, the signing of the uh subdivision plan that created this lot. Yep. Absolutely. Absolutely. So moved. I have a motion. Do I have a second? I have a second. All in favor, starting with Steve, please. Steve Bford. I. Tony D. I. Javanni Veron. I. Ryan Wlette. I Arthur Rug. I Jeff Penty I Sean Faber I Cruz I and the chair votes in the affirmative. Uh gentlemen, thank you very much. Thank you for your time. Thank you for your service. You

they have to clear 5 acres of land. Have fun in a month. They can start tomorrow. I got to go pee. Thanks. Thanks notice. You want help? Took me a while. We did already.

All right. Uh we are on to the next step here. We have a public hearing of an application for a site plan for a two-story 41,700 ft building with 12 indoor pickle ball courts along with 21 outdoor pickle ball courts and associated site improvements in the C2 uh district. Two Highlander Way map 28 lot 10 cities of Manchester. The Benton family is the applicant. Five Highlander Way map 28 lots 10 and 10-4. Uh, Benton, the Benton family is the owner and applicant. Uh, C2 zoning district, 3385 Brown Avenue, map 28, Lot 9, City of Manchester is the owner. And again, the Benton family is the applicant.

Mr. Chair, you have three outstanding checklist items which we are suggesting that you wave for acceptance purposes only. Do I have a motion? So moved. I have a second. Second. All in favor starting. Uh I I would note that Ann is back to the uh the podium here as a voting member and Steve is now no longer. Starting with Anne, please. Gentlemen, you can come sit down. We don't bite. Starting with Anne, please. Ann Champa, I Ronnie, I Ryan Wlette, I Arthur Rug, I. Jeff Hunt, I. Sean Faber, I

and the chair votes in the affirmative. Uh these items have been uh accepted for completeness purposes only and will become a condition of approval. Uh before we get going here, Kelly, anything you'd like to add before we let them have the floor? Mr. Chair, you'll have some waiver requests uh and then the plan itself to act upon this evening after the presentation. Fantastic. John, no, not not at this time. Kristen. Fantastic. Gentlemen, good evening. Thank you for your patience. Thank you. Good evening. Welcome back.

My name is Mike Benton. I thank you. Uh thank you for your time tonight. We uh uh have been in business. Uh purchased the executive back in 1995. Uh that's giving away my age. That's a while back. But we uh over the years uh have created a uh uh a business where we have looked at the lifestyle of families as it relates to health, wellness, that's fitness. We're an integrated wealth uh wellness facility with actually an urgent care on site. Uh we have occupational health. We have um uh a hospital presence, but we also have a large fitness. We have a large nutritional component and a large uh uh integrated health and fitness facility. Uh we've expanded with tennis. In 2011, we expanded to outdoor tennis, outdoor pool, uh, cabana, amenities, restaurant, and now we're looking to take the next logical step, which is to continue to expand what we've already built, uh, which is both indooroutdoor health and well-being, uh, and sports, uh, and we're adding the sport of pickle ball. Um, it's a, uh, growing sport. We expect to be able to uh run tournaments uh but a minimum number of tournaments a year but regional tournaments. We expect to to increase uh our natural flow uh by a limited amount by adding these courts. Um and so we're very excited about the uh the opportunity and um in the community and we're uh from a flow standpoint we have four outdoor tennis courts. So the flow always comes from the center of the club. That's where

people check in and that's where people for pickle ball will also check in and then from there uh they go from our facility out to the outdoor courts or to the indoor courts. Uh so we're not expecting to to change our flow in any way. And that I'll leave it to Bob and TF Moran. Good evening. I'm Bob Duval from TF Moran. uh site engineers for this uh project and um I like to Can I um Yeah, I got to do what I think.

Yeah, I'd like to uh flip to the closer view of the U facility. Let me know. Everything's a little slow at this hour. This will work. Um, so the this is a a a perspective view of from an aerial perspective of the existing facility. So at the top of the screen, um, is there a pointer here that works?

Should be on that one. That didn't help. Well, actually, this is a better image. So, u this is the existing facility uh on Highlander Drive. Airport Road is in the foreground. Um the parking field for the for the existing Executive Club is is just at the bottom of this this aerial picture. The brown roof building is the main club building that houses the medical uh office center, the uh indoor pool uh indoor racket sports and um in the health club facility proper. The white roofed building in the in the rear is the indoor tennis courts that exist uh at the top of the site. And then of course, Islander Way goes uh from right to left down to and you can see in the in the very background there, you can see u where the new facility is going to be situated. So it's it's it's down Highlander Way a couple thousand feet to the um rear of the site. Then we switch to the next plan. These are just views from from the facility. We can skip through those quickly. This is actually a historic picture showing um that Google still has available showing what was there for the Highlander facility which in this area had they had their conference center and hotel and u and some out buildings. This is at the bottom of the screen here. This is where uh the existing tennis courts are,

existing surface courts. You can see them a little bit grayed out in the lower left of that red outlined area. And then where we're showing the new uh 41,000 ft² building in orange, that's where the other indoor outdoor tennis courts are. And those would be enclosed in this building. And um 12 courts 12 courts.

Yeah, 12 courts. 12. It turned into 12 pickle ball courts indoors. And then as you move up the page, you can see the roadway that goes to from Airport Road to the uh large parking area off to the left off the picture that goes through past the um autofair own building through the site on the uh west side of which you see those outdoor pickle ball courts. The blue colored courts are for ordinary play. The red colored courts have some seating, some bleacher seating. Those are for competition play. And then uh the um multicolored one on the right hand side. That's that's an actual um

yeah, a championship uh tournament type special court with with even more uh spectator seating. So there's a total of 21 outdoor courts, 12 indoor courts here that we're talking about. And um again, a building which is really um a building not unlike the um tennis court building that we just saw at the beginning of the presentation. It's it's really to house these indoor pickle ball courts to provide all weather playability. But there's, you know, that's really the main purpose of the building. There will be some restrooms. There will be a small cafe, juice bar sort of thing. There will be a um some locker rooms, but that's all incillary till the pickle ball courts echo inside that building. So, I think what I'm going to do next is talk about the um traffic and parking impacts of this of this um proposal. They're very really very simple and straightforward. The pickle ball facility is is uh going to be an added amenity to what the club already offers. You will have to be a member to participate. in this these pickle ball courts and you will have to check in at the at the front door up near Airport Road. And generally speaking, that's where you will park. You'll park where you would park now to enter the main door of the of the um club building proper. And then you would walk out the back and then down

um Highlander Way to access the the gates to the to the court facility or the new building. And when you check in, you will get a key so that you can go down there and use a pickle ball court. So the people will not be uh wandering back and forth between um the pickle ball area and the top of the site. It's it's not open to the public that it will be locked for members only. And uh parking is generally going to happen at the top. And uh there are we are providing uh 24 spaces down below. But those are really uh limited basis uh to provide accessible parking and allow um you know maintenance personnel to to go down there in and a limited amount of of parking that's fully within the control of the um the club management. So

Bob, real quick, let's get to some meat and potatoes here. Talk to me about your waivers. You want to go through the waivers? Yeah. Okay, sure. Yeah, we got it. Yeah, we get it. Sports facility. A lot of people visit it. You know pickle ball? Been here before. Forget it. So I told you we had an urgent care. So, if you get hurt on the pickle ball court, we got 15 steps to come in. I like it. And get get service.

All right. The first waiver that we're we're seeking tonight is uh for depth of cover for storm drain lines. And uh so I'll point out in the upper left those darker green areas. The upper left is a storm water pond. Upper right, same thing just above the multicolored court. That dark green area is a storm water pond. uh lower left below the blue quartz is a stormwater pond and then at the very bottom that triangular stormwater pond though so the site is broken up into wersheds that feed all these ponds. The drainage um that we're talking about that um is designed at just over 2 feet of cover rather than the required 36 in is the one that's below the blue quartz. And that's because where it discharges is to a wetland uh just to the left of that uh that's kind of grayed out and that that um discharge point uh is very close to the elevation of the pond. And in order to discharge into that um discharge point the wetland the pipe has to be laid flat. Uh otherwise uh we would have to deepen the storm water pond and it's already graded out um as much as it can be. It's as large as it can be uh without actually impacting the wetland because if we had to draw it deeper then we would have to do more grading and that would start it to impact the uh the wetlands and the wetland buffers. So by leaving the pipe cover at 2 feet then we don't need to do that and we can stay within stay outside of the wetland limit with the depth of the pond. 2 feet is um I know this board

sees that waiver from time to time. It's not unusual and we can put insulation to make sure there's no freezing problem there. And it's only the first two uh uh catch basins immediately adjacent between the discharge point and the and the storm water pond. Catch basin one and catch basin 2. So that's the purpose of that waiver. Shall I go through them all?

Uh well, let me look at this. We I I think we all have a good understanding of utility clearance letters and whatnot. Sounds like they're still in review. Um, obviously if you don't get them, they're from the utility company and and everybody else. Obviously, if you don't get them, you're not building anything. So, I'm sure they'll be uh I'm sure they'll be coming along,

right? And we've actually received um comments from Anderson Waterworks in particular. So, you know, they they're obviously they are providing water to the restroom facility there now. They're going to continue to provide and they're they're looking at our design. I think what I would mapping trees again that's something we see all the time uh sidewalk width requirements talk to me about that.

Well, we've designed the building so that it stays within the footprint of the courts. So the existing fence out there is essentially the outside wall of the building and there's limited room between that limit and this building has to be of a certain dimension to actually fit pickle ball courts inside of it. So that fixes the width of the building, the width of the uh sort of the limit outside of the building width. We can fit a sixoot sidewalk and still have a proper roadway width there, but we can't go that extra foot to make it 7 ft. There's really no problem. Uh you know, parking up against it, right? There's no parking up against it. So it's not like your roadway is there, right?

The roadway is there. There's no parking spaces up against it. So it's it's a budding a roadway, but we don't have, you know, the condition where a car is pulling up, hitting the curb. Correct. And then you got to put a hood on top of the walkway. Right. Okay. The six foot would stay unobstructed. Okay. So you have six unobstructed feet of sidewalk. Yes. Okay. Um drainage structures if you want to talk on that a little bit.

Yeah. Now the again these ponds that I just talked about um are designed as filtration ponds not infiltration ponds and the way that works is um water is directed to the pond and then the bottom of the pond is excavated out and then replaced with filter material for storm water treatment. So the filter material removes all the pollutants but then under the pond there is an under drain system and a liner. So there is no infiltration relied on. So the volume of the pond is is u always available to um you know to do its function of storm water treatment. Um but um because of the way it's built, the water is not um the water is not controlled by an outlet structure. The water is controlled by the uh under drain system under the pond that then flows into an outlet structure and and overflows into the top. But there's no vertical interface that can take a slotted wheel. It's the diameter of the under drain system. itself that serves as the control.

Am I making myself clear? No, not at all. John, did that make sense? I understand what he's saying, but again, we've done they people have done it elsewhere. Mhm. And in fact, their company has done it at other sites. So vertical we can be done. Does it work? In this in this instance or situation, you can apply a vertical we in my opinion. Yes. What is the impact on your end of of of providing a vertical we

because these are shallow ponds? Um, you know, I'm not sure we can make it work. That's really the bottom line here. It's it's it accomplishes the same goal. It meters it meters the water and we have an overflow structure that can take the the big storms, but I'm not sure we actually have the freeboard to to do a slotted wear that will properly calibrate every storm event. So what you're proposing is is an orifice. The orifice is the is the outlet pipe. I know what the under. So it's a round orifice essentially.

So again, they've done it they're doing it on the hill. Well, um I'm hearing John that you would like to see at least an attempt at the design of a standard structure. So, we can do that. Um and if we run into a a technical problem, we'll talk about it. But we'll we'll make an attempt to make it work with a standard structure. So what what that does to the waiver I guess. John, what's your concern with the way they have the structure being performed now?

Because those those orififices will block vertical we again the water can go up and down. So you're concerned about a blockage to the orifice. Correct. Okay. Are they withdrawing the waiver? Is that what's happening? Yes, we we may we may need to come back with it. I guess depending on what we're able to do. Another consideration, by the way, is we do have an AOT permit in hand uh on this design. So, you know, it' be our preference to uh be granted the waiver, but um let's discuss it as we get further down.

Can I say one thing briefly about that? Just one quick.

I'm Jason Hill, TF Maran. I just worked with them on the design. So just the difference is that we still have an outlet structure that has a weir in it but it's not a vertical weir obviously exposed to the pond surface. This design is an alternative treatment system which is bofiltration and that is extended detention. They work different ways. They have different pollutant removal efficiencies. um biofiltration actually typically has higher removal rates for phosphorus and nitro nitrogen than extended detention and so therefore it's in many cases considered a superior system. I'm not saying on this site it is or it isn't, but it's a an LI system that's commonly used that's very efficient in treating those things as well as other things. And we can, if there's not on the plan already, put a trash rack around the the orifice, you know, to

to make sure we're not closing. Yeah. Rather than redesign the whole system like Bob was intimating we may have to do, which may actually end up having more footprint, you know, because of the the modeling and those also let out. So, anyways, this system that has been approved by the AOT, obviously, it's it's traditionally different from the town system. You're you're permitted through the state on this system, the way it stands today, the way it stands.

Yeah. I would I would say maybe rather than withdraw the the waiver, if we could get the waiver approved subject to working with staff to see if we can come up with a an alternative uh vertical wear type outlet structure. So, if this could be approved subject to us being able to work with staff and uh see if we can get John to agree that it's more practical to do. So I just want to put put it out here. This is comment number seven, right? The proposed grading design appears to indicate the proposed swell on the north side of the proposed building will direct runoff to the abuing lot 10-1, but the revised drainage analysis does not address this issue to demonstrate compliance with section 3.07 of the regulations, no increase in the rate of runoff. Please note the applicant's revised storm water report does not address address six items noted in the design review. The applicant proposed the following provided the following response to these items. TFM we thank the reviewer for the suggestions while not addressing in this revision. We will address this point in the final phase of the project. So my point being the design that they presented don't doesn't even address the drainage and we're horse trading to see if what they can do.

It just it doesn't make any sense to me guys. So and ladies, they're asking you for a waiver from the regulation as it's presented. I don't advise you condition waivers. I agree. So they're keeping the waiver request. So you need to make your decision based on the criteria that's outlined in our regs and in the statute reference. Yep. Yep. And again, if we if we deny that waiver, that's it, right? Oh, they just have to build it to standard. They have to meet the standard that they're asking currently to wave from.

And it would also require to uh go back to AOT with the new design. I mean, the AOT is not going to approve a project that that increases runoff offsite. It um does not provide effective treatment, does not match all the storm water rules, which are equivalent to the towns except for the design of the outlet structure. That's really what we're talking about here. There's more ways to skin a cat than that. I understand that's the preference of the town, but um in this case, it's um it may not be feasible. Is that the main reason for the change of the outlet structure is feasibility?

Yeah, it's to do with the shape of the pond and the type of pond. The existing pond, correct? No, the proposed pond. Proposed pond. Okay. So, it's not an existing pond, right? Well, I mean the existing uh as designed pond. Okay. So when not granting the waiver, you have potential to to not be able to propose something that will work efficiently. MS4 isn't so

grab the mic. This extended detention also has it's a different so you're for it's forcing a treatment system forcing you to use extended detention or wet pond which is fine but um to meet the MS4 they have the 40 and 60% removals of phosphorus and nitrogen and the extended detention pond dry extended detention pond is less efficient per gallon of treatment. Generally, it has a the curve is less efficient at treating those pollutants as opposed to a bofiltration system. So, that is therefore we think it's an appropriate use of this land just the switch of the detail. The structure is the same square structure, hatch,

footing. Um, but yeah, that vertical thing we're essentially eliminating. We're just not going with the extended detention uh because it's better treating the water. It has Yeah, we feel it has higher an MS4 requirement more efficiently than therefore we could minimize the volumes and land clearing and such and we've used this dozens of times and not in Londereary necessarily but in other communities. So we feel it's appropriate. We understand the town's John and his concerns and we mirror those on terms of maintenance and for those reasons and and that way we would ensure that we put the

So to summarize it we have a we have a drainage structure right that is different than our regulation however yes the drainage structure is approved through the state through AOT right um your MS4 permitting you're able to treat this water more effectively with with this structure and meet your MS4 requirements. Right. I don't think that's a fair statement, Jake, and I don't want to dwell on Well, that's why I'm asking the question. I don't think it's a fair statement. They haven't proven to us that the that the drainage works.

We'll tell you later, but grant us the grant us, you know, a waiver to the outlet structure, but we're not sure if it's going to work. Thank you for the comment, but we we'll still look at it. So, it's just kind of odd that you they're even asking for it and yeah, just to back up and I understand your comment, John, and definitely we seemed odd potentially, but um you know, what we've intended was that we've reviewed the comments and maybe we should have written it that way and we Let me ask you this.

I I I totally understand what you're saying. Can we have a waiver on something that we think works? Let me ask you this. We grant the waiver or the requirements. They still need to they would still need to show that this drainage works based on the granted waiver. So, they still need to prove to you irregardless that the system is working as designed based off of the waiver requirement. the waved requirement. Correct. You know what it like? They still have to show I I totally know what you're saying. Yeah.

They still have to we grant the waiver and say, "Okay, we'll we'll accept a structure that's different than our regulation. They still have to in order to in order to satisfy the con the the conditions of the plan, they still have to show you the the the math that the sub substituted drainage still works appropriately. Correct. They're they're only asking for a waiver from this particular drainage structure. But I understand that. What I'm getting at is if we grant the waiver, they still have to show you it works. They have to show all the other aspects,

correct? So, what I'm getting at is

So, what if what if the when they do it the correct way or they finish their drainage, what what happens if they can use our outlet structure, then they need to use our outlet structure to let them finish their work. Well, to to me, we're asking a question of are we going to allow drainage that is different than than the town spec which has been done in the past. All I'm getting at is we're saying if we were to grant that waiver, we're saying yes, you can build it in that way. They still have to show you show town staff that it is still going to work as it is intended and supposed to. So why don't they do the finish their work and show me that how the the outlet structure can't work?

The burden's on them. The point is they they're asking you for a waiver. Yeah, they can ask for the waiver. We've heard this position. Yeah. The waiver is specific to that drainage structure and they're asking not to use that. That's the waiver. All the other requirements far as I can see they haven't asked away from as it relates to this matter. So they need to comply with it. Correct. That's that's correct, Tony. But I thought But I thought the objection had to do with cleansing. The one they want to put in gets clogged up and doesn't fix itself. The one our regs has will will self regulate.

Correct. So that that's really what we're talking about, isn't it? So So how do how do you how do you show that? How do you how do you mitigate the So the question is and I've asked it many times before if it does clog up where's the water going to go or or more appropriately when it does get clogged up and no one notices it and we get a thousand-year storm where is the water going to go when it can't get through that pipe? The way that the water gets out of the pond is it goes through this filtration bed which is you know a carefully blended

I'm familiar with those. Okay. Uh and then it goes into an under drain system and is collected. Any potential clogging um accumulates on the surface of that filtration bed. What gets through is like a septic system. Whatever gets through it goes through that septic material. It's only water that gets through that because all of the particulates have been filtered out. That's how the filtration system works. So there's no way that the under drains can get.

So one thing I didn't say as well is that we did look at and have looked at the use of the vertical slot in these some of these systems and the runoff rates are so low on a couple of them at least. They're almost zero in the two-year storms that you effectively can't mitigate the rate the the rate of runoff increase with the town's slop. It's too too big. So, it violates the storm water ordinance because it's letting out too much flow to carry the vertical element. And for that reason, and one of that reasons alone, the bed, the filter bed, we've designed the spec soil spec and the the design that that exfiltration that slow filtration rate throttles the flow down so that you mitigate particularly the smaller storms but for all downstream runoff it's such it's so low on some of these outfalls that the town system actually doesn't work. Yeah, that's a that's an excellent point because that's that's the real truth of the matter for small sites. We're constantly struggling with London outlet structures that have fractional inch slots. And if you want to talk of something that's prone to clogging, something that an individual stick or read can clog is a one quarter inch wide slot. And those are the kind of systems that in order to match storms for a small system, we have to build to comply with the system. This is a much more foolproof system because it has a large surface contact area. It's easy to maintain the system and there's no chance of of a complete uh clog in the system if it's maintained in accordance with the maintenance procedures.

So there's maintenance requirements to the system,

right? Of course. Whereas, you know, you could have a a fall day that puts a bunch of leaves in a in a conventional outlet structure that that clogs it up. And I've seen that. I've gone out to sites that that we've designed and I've I've looked at the pond and the pond is too full and if you take a stick or even your finger and you go down to the outlet structure and you take the, you know, detritus out of it, the pond level drops. That's that's the issue. So, let me ask it a different way. When the pond over tops, where's the water going to go?

Well, it goes it it there is a spillway built into each one that that conveys it to the nearest wetland or discharge point. So, that's that's where it goes. And that that's true of a London structure or a any system, an alternate structure on this site. Yeah. Please show me where does the water go? The one um the two ponds at the top because it's a downhill structure. It's it's it's the the the land is pitching towards Manchester, right? You're starting at 200 ft and it goes all the way down to 140. So you got a 60ft drop, right? You're talking about towards Brown. Is that where you're looking?

Yeah.

Yeah. those those ponds would top and they're they're sort of built a stride some natural water courses that that head towards brown. So those two ponds when they would over top would head uh west plan the top of the plant. The uh the one on the left that we just talked about in regard to the pipe cover issue uh would go due south to a a little uh rip wrap lined uh wetland and then would run into that tributary to coastbrook and would run um to upper left of the plan. the one at the very bottom um would when that one over tops it actually runs to the plan bottom and then runs through a swale that would uh bring it to that same brook a higher point in that same brook that would eventually go back towards uh coheads. So that would run plan left when it when and if it was to over top and all ponds over top there's always a storm. That's why I asked because I know that I know it's going to over top. It's I mean

you've been around long enough to and so have I. So that's why I asked the question and I wanted to know where it went. Where where's it going to go? Because this is a Yeah. So it doesn't it doesn't cause any damage to abuing properties. It goes into existing water courses maybe is the simplest answer. Thank you.

Light trespassing 3.13.12. Uh that's because of the um the property line you can see outlined in red. Um the parking areas and the in the roadway are are so close that we uh you know the light necessarily is going to spill into the roadway which is not a bad thing. It's it's actually appropriate to have that illuminated if you don't do it by street lights. In this case, we'd be doing with wall packs of the building. So, but it would be technically a light trespass crossing the property line into the street. Okay.

All right. Before we go to the public board, do you have anything? Kelly, can you put up the the GIS of this lot, please? And could you put the arrow where the lowest raet ball is going to be? Raet ball court. Sorry. Pickle ball.

Pickle ball court. had a lot of raet ball in that facility in the 70s and early. We still have one court left.

So the two where's the building go this I'm spun around. It's where the two okay sorry vertical tennis courts are. So the uh the back tennis courts will remain intact. It's right there. Yeah. Right at the 28. Right by the road, Tony. To your right. To your right. Those those two courts will go away. These two go away. Those two That's where the building goes. That's where the building goes on top. So, this is the This is a lot line. Yes. Yes. Could you put the topos up, please?

Okay. So, the water's going this way, right? No, it's it's 220. It's going to brown a 140. It's going in a water a brook, a little streamllet that runs um at the base of the hill coming down from Executive Drive and then goes into a a water course that goes uh just below the green property line and then into that u larger brook to the plan left of the of the airport's parking. There you go. Yeah. Okay. And what you're not seeing is culvert connections that link up those wetlands.

Got it. So it's a it's so it's it's really a 180 pad. I'm saying it's 220, but it's 220 up here. This is really a 180 pad. Yeah. 180 to 180. 180 to 180, right? Yes. That makes more sense. Thank you. I had to get that out of my head. All right. Anything else from the board before we go to the public? All right, this is a public hearing. Public comment is open. Is there anybody that would like to talk? Seeing none, I will close public comment. Um, John and Kelly.

Yeah, just a couple of bigger ones. Uh, comment number eight, revised grading design at bas number one indicates the proposed embankment grading extending beyond the property line and onto the, uh, Brown A rideway at a slope of 2:1. and does not provide the proper 3 to1 embankment slope. This impact to the roadway embankment was not uh part of the previous submission design plan does not provide a sufficient uh window to understand the revised impacts to the roadway. Uh item 10 the uh the issue that uh with this particular uh submission this updated submission it includes lot number nine uh but the revised submission does not provide the complete boundary information for lot 9 uh in accordance with the regs. So there's a lot of improvements as shown there that uh lot 9 had not been part of the previous submitt. Some uh comments number 13 regarding the construction details. Uh item 14 was again the the drainage report, the drainage analysis. Uh number quite a few of the those comments there. Then addressing the DRC comments with the plane and police fire concom uh and sewer division. Those are the big items.

Thank you, Kelly. Just to note, Mr. Chair, that there was reference to uh conditional use permit in wetland buffer. That was origin that originated from the one uh design review. Uh we since learned through this submission that the wetland area is less than half an acre, which removes that. Makes sense. Buffer requirements. So that's noted for you. Makes sense. Outside of that, you have your waiverss in the U site plan application itself. All right board, we have any more input? We have some waiverss to go through. Do we want to take these one by one or as a group? One by one, please. One by one, I think would be

all right. So, I'm looking for a motion to grant waiver number one, which is a waiver from LSPR section 3.07 G.3 relating to storm drain system minimum cover. Uh, do I have a motion? I have a motion. Do I have a second? Second. I have a second. Uh, all in favor starting with Ann, please. An Champ I. Tony D. I. Javanni Fry. I. Ryan Mlette. I. Arthur Rug. I. Jeff Pent. I. Sean Faber. I And the chair votes in the affirmative. Uh, waiver number one has been granted. Was that requested with uh converting that to concrete pipe?

I see that. Again, typically we would support that as long as they're using class five concrete pipe because of the application of that. That's acceptable. Okay. Yeah, that's fine. So, to note, you're using a class 5 concrete pipe uh due to the waiver. Um I'm looking for a motion to grant a waiver from the site plan regulations 4.18B uh relating to utility clearance letters. So moved. I have a motion. Do I have a second? Second. Uh, all in favor starting with Ann, please. And Champa. I Hold on though, guys. That That was checklist item, right? No, this is a waiver.

Yeah. What you want to be looking at is the design review items. You ask for it in its entirety down below. So again the checklist item they had asked for a waiver right or you but typically you only we support that for acceptance only. I'm saying they're they presented it as a full waiver. Really? Okay. Sorry. Continue. Uh all in favor starting with Ann please. Ann Champ. Excuse me. Ann Champa. I Tony D. I Very I. Ryan Wlette I. Arthur Rug I. Jeff Pence I Sean Faber I Cruz I

and the chair votes in the affirmative. Uh waiver number two has been granted. I'm looking for a motion to grant a waiver from site plan regulations 4.12 C.19 uh 56 78 mapping trees greater than 15 in in diameter. So moved. I have a motion. Do I have a second? Second. I have a second. All in favor starting with Annne, please. Ann Champa I. Tony D. I. Javanni Veroni I Ryan Wlette I Arthur Rug I Jeff Pent I Sean Faber I John Cruz I

and the chair votes in the affirmative. Uh waiver number three has been granted. I am looking for a motion to uh grant a waiver from site plan regulation 3.0 8. C.2.4 and five sidewalk with requirements. So move. I have a motion. Do I have a second? Second. I have a second. All in favor starting with Annne, please. Ann Champ I measure it again. Just double checking. Your turn to vote. Tony, your vote. Tony I. It's 3 ft taller than you. I wlette I. Arthur Rug. I Jeff Penty I. Sean Faber. I John Cruz eye.

And the chair votes in the affirmative. Uh waiver number four has been granted. I'm looking for a motion to grant uh a waiver from site plan regulations 3.07.8 drainage structures uh for the standard slotted weir outlet. I don't know about this one. Well, I'm looking for a motion motion just to vote on it. Mhm. Yes. All right. Motion made. Motion made. I have a motion. Do I have a second? I'll second for discussion. Uh, does anybody have any discussion or would we like to vote on this? Vote. I I don't know if it's the right thing to do. Let's vote. I'm not I don't I'm not convinced.

Yeah, I'm not convinced either. Not either. Okay. So, let's vote. Yeah, it's good. Do it. Yeah. I mean, we I I I guess my only comment to it was we we have accepted alternates in the past. we have something that does have a a permit from uh AOT and the applicant would still need to show that this works. But I with with the waiver being granted, the applicant still needs to show that the drainage structure is going to work as as designed. And that's why I would support this and um because ultimately if it doesn't show it then sounds this alert al alternative solution also provides cleaner water downstream.

Mhm. But but but I feel I feel like it's the same company that's always suggest I think there's different and newer standards out there that we necessarily haven't got around minds around yet. I I think ultimately at the for me at the end of the day an alternative solution is great. They still need to show that it works. It's not like we're waving the fact that it works. They need to they need to show that this is going to be sufficient. And if it's not, then they end up back here.

And if they they show it works, it fits the spirit of the regulation. My understanding of the construction of it is you don't know if it doesn't work until it's already filled with water and it rains a lot. Well, I I would disagree with that. I'd say they they need to show on paper they need to show how this is going to work. There's some science behind it. Yeah, they still need to show it's going to work. It's not it's not we're granting this and have fun. Here's your ditch. They still need to show on paper that hey this is why it works. So

well it's going to vote right. So is what we're in discussion. So so John so what we have now in the application the engineers have not shown that how they want to build it works. They haven't they haven't completed their drainage study. So I got to go back to that. Remember we gave them the comments and they thanked us for giving them the comments. We haven't the drainage study would they're proposing an alternative solution. So what's a drainage study going to do? They're saying, "Hey, we we want to provide you with an alternate solution."

But you said they have to prove that it works. Correct. But the drainage study is to show that our regulation works. I'm sure they've done enough engineering on the site to understand that they probably need an alternative solution to make their overall site plan.

That's that's what I'm getting at is we they just haven't shown yet why he's looking for the why we're looking for an alternative. I'm sure they've done all their background work in the back and and and saying, "Well, the only way we're going to get this thing to work is to do this alternative branch um structure. They probably haven't presented it to the town yet, but I'm sure I mean I know how these guys work that they've already factored it all in and they said we can use this and then the site the the overall site plan works."

So, how can we give them a waiver on something that they haven't shown the town works yet? a waiver from the other from the standard what we usually ask for. We're asking for a waiver from that when we have when they haven't shown that what they want to build will work. No, they haven't shown what they don't want to build. They will have to show that it works. They they have to show that what they want to build works. What they don't want to have to show they they want to avoid. They they don't it what's the point of showing that the structure through the regulation works if they're providing an alternate? That's ultimately what this comes down to

cuz they want to provide an alternate. So yeah, they want to provide an alternate. So show us that it works. Show us the alternate works. That's what they have to do. What what we're saying here is they haven't met the site plan regulation that shows us that the site plan regulation works. So if we give them a waiver, they still might have to come back because when they present this thing that they want to build and the engineering doesn't show that it works, then they're going to have to come back. Correct. They're taking right now. Correct. I got it. Correct. Sorry. I get it now. Yeah. Yeah. I'm starting to get it, too. Ready to vote? Yeah.

More discussion. All in favor starting with Ann, please. Ann Champ. Tony D. I Javan Van I. Ryan Wlette I. Arthur Rug I. Jeff Pent I. Sean Faber. I John Cruz I. And the chair votes in the affirmative. Uh waiver number five has been granted. Thank you all for your patience and helping me get through that. No. That's what we're here for. Last but not least, uh I'm looking for a motion to grant a waiver to site plan regulations 3.13.12 outdoor lighting design standards. So moved. I have a motion. Do I have a second? Second. All in favor starting with Annne, please. Anne Champ I. Tony D. I Veron I.

Ryan Wlette I. Arthur Rug I. Jeff Pence I. Sean Faber I. John I. And the chair votes in the affirmative. Uh waiver number six has been granted. Uh, we do have a conditional use permit. No, you don't. No, we don't. We just talked about that because it's less than uh Yeah, thank you, Kelly.

Correct. Uh, I am looking for a motion to grant conditional approval of application for site plan for a two-story 41,700 square ft building with 12 indoor pickle ball courts along with 21 outdoor pickle ball courts and associated site improvements in the commercial two uh C2 Highlander Way map 28 um lot 10 city of Manchester and then Benton Family Trust as the applicant five Highlander Way map 28 lots 10-4 4 um and 3385 Brown Avenue, map 28, lot 9, city of Manchester is the owner on that one and the Benton family is the applicant

with the precedent conditions to be fulfilled within 120 days of approval and prior to plan signature and general and subsequent conditions of approval be fulfilled as noted in the engineering memo. Ryan's moved. I have second. I have a motion. I have a second. All in favor starting with Ann, please. Dan Champa I Tony D I Javanni Baron I Ryan White I Arthur Rug I Jeff Penta I John Faber I John Cruz I and the chair votes in the affirmative. Uh you guys have an approved site plan. Fantastic. Thank you very much. Thank you very much folks. The zoning board went to midnight and I have a hundred bucks. Can we stay another 45 minutes on the

I'm going to lose my bet. I get 12, but I very much approve the appreciate the approval. 30 years ago for you here. We still have two more items on the agenda. Oh, okay. Um, we do have uh um we do have some other business. Let's start with the uh Can we unless you put the ski area back? Let's start with the hawk. Can we can we can we move those out? No, the state is here. Here we got it. He's here. Yeah, we got to do it. Let's continue it. Pleasure to meet you. So, this is one of your

gentlemen could just jump out. Gentlemen, if you could jump outside, I'd appreciate it. Thank you. Not a problem. Good evening, sir, and thank you for your patience. Welcome to the Town of London Area Planning Board yet again. Thank you. Yeah, it's been a couple months. since I was here in August of 2025 to tell you what I would be doing. And uh this is kind of a progress update. Uh this is in two parts and it's quite late. So maybe we can just do the first half and uh you know I think if you gave us an executive summary of these two parts in brevity. All right. Well, you have any questions we can answer them.

Yeah. You know what? I gave uh uh Kristen an extensive packet of information that I put together. uh to try to be as transparent as possible what what I've been working on. Uh the two parts and I'll just skip over the slides for for the for the sake of everyone's eyeballs. Um the first part is an audit of the take a while

state RSA changes have taken place in the past year and uh they can be summarized basically in three important factors. There's many uh there's quite a quite a few changes have taken place. I focused the audit just to um land use controls and powers, zoning powers. Uh and uh the three areas that uh are substantative for uh the town are accessory dwelling units uh which you guys allow. Uh but the state law has changed uh some of the framing for that. So, there's a need to revise your uh ADU regulations to to align with the state's ADU regulations. Uh the state has passed a law on um allowing residential and commercial districts, which I'm sure you guys aware of. We basically went through and identified uh the nature of the conflict that exists between what the state requires and and what the zoning currently allows. And um we have another one here.

Parking uh parking is another one. Yes. Uh there's uh you'll see that the parking tables uh require multiple units uh multiple parking spaces per dwelling unit in uh different scenarios. And the state has said that you can only have one parking space per unit. Um and and there's another one that's skipping my they they what they said was you can't mandate more than one. That's right. Yes. So a developer could come along and developer can say we we put two. Yeah. They might want to build more, you know, they can do whatever. Yeah. Yeah. But we cannot mandate we can't mandate two. We can only mandate one. Yeah.

Thank you.

Wow. Um, so, so those are the big ones in terms of the RSA audit. Uh, as far as I went with it, it was to identify where the where the conflicts were. I didn't go ahead and propose draft changes um for your consideration and use as you as you see fit. Um, that would be my next step. Uh, my hope was to get some direction from the board. Uh so maybe one of the things uh the board can consider doing is reviewing the content that I provided in the board packet uh to Kristen and uh share your comments with uh the staff and they can get me a package of uh points back. Um however uh the town wants to organize that. Um but essentially I'm I'm seeking some direction. Basically, I'm seeking some board discussion on this.

So, Kristen, do we have I have it here in the town computer. Do I have on my personal email all all the hop this entire hop file? Because if not, I think we distributed it. Um, but I can do that so that you can is it on the It would be on the be on the agenda, right? It's on the website. Yeah, under the agenda. Okay. Thank you. We can distribute it. I do.

Great. I do think this audit was really important partially for the purposes of the planning board but also part partially for the purposes of there's been a lot of misinformation or overblowing on how some of these things are this actually if we want to answer the question what what changes did the state make that actually affect us here's the information right here and so I think this can be a more definitive thing to refer to in the future when those questions arise or those statements are made

and so is your is your role now that you've done the audit and you've identified in our rags what we need to change. Does your role also allow you to um give us suggestions on how it how you would suggest certain language and certain rags needs needs to be.

That's that's my hope but that's what I would like to provide to you. I've I've done the research and I I feel pretty good about the research I've done and uh I just didn't want to go into that blind without having some direction from the board. The other thing I was note is I've audited this one component this uh change to state laws. There's this other component which is part two of the presentation we're going to go about is basically identifying what the housing preferences of the board are. Where do you want to see housing go in this community in the future?

Yeah. So, can I I'm sorry. I want can I stop you there? So, board members, my personal preference would be for part one to have a redlinined version of what's in our regs that need to change and the correction, which would take pressure off of staff. And so if you could provide that, I I I'm just one person, but I'm I'm asking the board, would you want that? Do you?

Well, I was just going to add to that a little bit and you're looking for direction on this, but if there are items that we need to change because they're mand mandated by new legislation, how much direction do we need to give him on that? We don't. That's why I'm asking them to just do it and then but then we still have to we have to approve it. I think what we have to do we have to do we have to approve it still we have to approve the change but why not just so the reason this is occurring is because we received grant yes to your point normally planning staff would just put this together because the state law changed and we're required to right

we're trying to utilize the funds that we have to the best of to the most advantage to us. So, are you okay if he does what I'm suggesting for him to do that? Okay. So, so step one we're good on. Yeah, absolutely. And just make the changes and then we'll look at them and if we don't like a word or find a misspelling or something, we'll we'll change it. Or it's uh like maybe even inconsistency with the new master plan. Jeff Jeff is thinking and it always worries me when

Well, that's exactly I was just going to kind of say I want you know we just adopted the master plan so I want to see where the synergies are and really kind of show the community where they may be I think but as we were as you were talking about part two where housing is that's where I would want you to start is the master plan basically saying your adopted master plan says that housing should be here. I mean you facilitated the land use map you have the land use session so that should give a good baseline.

Yes I agree. Uh that is very useful and we've had some discussions in the office about the future land use map and it's I think it's a valuable reflection of the input that we saw from the master planning process and that kind of tells us locationational information. Uh but then there's this other component which is typology like what what form factors should housing take? And I I was hoping to pry a little more information out of the board about

uh not necessarily what your personal opinions are although that's fine too. uh really you know um a a sense of the direction of where things should go because um I am not you know I am not deeply entwined in this place. So I don't want to make judgment calls about where and what types of housing belong in which location and then have that not be a useful uh amendment draft for you guys to look at. Um, I think one way we could do this is, uh, and I proposed this back in August, is maybe just a select few people from the board, like a a working group could take the time, even if it would by email, to communicate back and forth about some of the ideas and discussion prompts that were put in there. Um, we don't necessarily have to go that route. I can I can make a pass at it and work directly with Kelly if that's the preference. and really focus on the RSAs. But there is this other component, the deliverable, which is to really look at the housing barriers, identify where you guys want to go for h with housing in the future, and then really review the local land ordinances uh to see what places might be causing hang-ups to achieve the housing outcomes that you want to see.

Yeah. But um what if um the requirement ones aren't the ones we want that that so you're there's uh there's this part two which is about housing preferences and the part one which is the RSA stuff

the RSA requirements the town doesn't really have a lot of control over um where the state has come down and changed the laws and there's revisions needed uh where the town's current zoning ing conflicts with the state's laws, that regulation becomes unenforcable. And so a developer could come in, propose something that doesn't align that doesn't meet the current zoning. If that component that they're proposing not to meet current zoning uh is in alignment with the state law, then the state law holds. The board has no power over that. So maybe just concentrate on redlinining those zoning things, bring them back to us, we'll approve them, and then we can talk about part two.

Yeah. I think what the ask though is in the meantime, can you all look at part two and generate comments to town staff which we can provide to

Yeah, we do have a a closing date of the beginning of September for this uh grant. I'll be gone for the month of June and I'm I'm very lucky to be traveling with my wife on a sbatical and um uh so it it doesn't leave a lot of time although I do have the ability to dedicate uh significant chunks of time at work to this uh exercise. So I can get it done. I just really uh I'm I'm seeking timely input to help direct uh direct the analysis that we do, the auditing that we do of the regulations. before the end of the second meeting of the month of April.

Yep. Give you feedback on end of April at the latest. Yeah. Uh um you know uh and by then I'll I can probably have a first pass on part one, right? Yeah. So let's do that. So just to clarify, there was nothing on the data that was collected, not the output of the report itself, but nothing on the data that is going to give you a good baseline to start from from the master planning exercise. Data. Yeah. Uh absolutely. There's there's lots of good data in there. Um

Right. Because I Yeah. If so, the question you're asking is what type of housing dwellings were prefer. Yeah. Yeah, depot sheds got a got a another good uh look see at the in the local newspaper today that you all will get tomorrow or Friday

there in in in the uh in this auditing process there's something called a diversified housing strategy it's actually part of the scope of work and a diversified housing strategy which you'll see in the packet that I provided to the town lays out uh many aspects uh for housing that you want to consider. And so if you just read through those and you had one thought about each one, it goes far beyond the kind of you know what I'll I'll read through all the documents and then I'll uh I can probably pinpoint my questions a lot better. So yeah, I've I've gone through it, but I think it takes more than one or two iterations to uh

really think about what what is there. And uh my only fear is the uh law of unintended consequences which we commit quite frequently. So rug could you say that ending what you just said again? Oh the law of unintended consequences. Yeah. It's active and alive even today. So I I I think he's asking for help from the board. So we'll we'll provide them any comments by the second meeting in in August. Jesus, April, and uh and they'll just move with that.

You'll provide that to planning staff and we'll provide if you get it backp or the board will send an email to staff saying this is my recommendation and what you have by April whatever it is 11th is what you get. April. Okay. So, if we get him everything by the end of April, that gives him one month to do everything he needs to do. Is that enough? I'll be back in August. So,

well, when you when she said end of April, you definitely had this look on your face of that. Well, what what I'm going to do, and it will be qualified success, is while you guys are reviewing this stuff and providing input, I'm going to go through and start creating a an amendment amended text for the RSA audit. So, you guys will pro may even have that before you've completed your own review of uh have your data to town staff by April 8th by April 8th, which is the second meeting of the month. have your info to town staff or any comment that you would like so she can send it to the powers that be. Okay. April. Yep.

I'm good. Thank you very much. No. Thanks for your patience. That was the most passive aggressive thing I've heard. He's here again. Can we move him to the front? Is that even possible? This is so cool. No, I really I really don't mind. Uh, he's not going in tomorrow. Now, I'm I'm like I'm doing some other work in the back and I'm watching you guys and I'm really astonished at how committed you all are to this to this volunteer job. So, yeah. Thank you. Thank you very much. Appreciate it. Thank you. Thank you. Thank you very much. All right. Moving on. Elections officers.

Mr. Chair, Mr. I'd like to make a motion that we nominate a slate of officers that is uh comprised of Jake Butler as chair, Jeff Penner as vice chair, Arthur Rug as secretary, and Tony D. Francesco as assistant secretary. Second. I have a motion. I have a second. All in favor, starting with Anne, please. Anch I. Tony D. I Arthur Rug I. Defent I. Sh favor. I chair votes in the affirmative. There goes one more year of my sanity. You got a lot of years to go. Jake motion to adjourn.

Kelly's got these your final review of your rules procedure and formally adopt them. Oh by Mr. Rug. All right. Does anybody have any questions on the amended rules of procedure? Where are they? We talked to them on the last meeting. We talked about them last meeting. We just have to talk about it tonight. I'm good with those. We just have to talk about it again. I'm good with those. That's right. Second time to talk about it. Correct. So, after tonight, we have to talk about No, this is it. This is it. After this, we're amending it. So, we just do it. Correct. Do we have it down in copy or something else? Oh, you need a motion? Yes.

M Mr. Mr. Chair, I'll make a motion we adopt the uh uh rules of procedure for uh 2026 uh as presented and also this is the second reading. I have a motion for Mr. Rug. Do I have a second reading? Second. Oh, is it there some? Uh all in favor starting with Dan, please. Wait a second. Is it Is it on the screen? Uh it's not on my screen. We've gone over it the last couple meetings. Yeah. Yeah, the last Yeah. Okay. Um Ana I. Tony D. I Javanni Veroni I Ryan Wlette I Martha Rug I Jeff Pence I Sean Faber I and the chair votes in the affirmative. We are a board of rules

and so Mr. Chair I'd like to remind everybody that apparently we have a meeting on Monday the 23rd. Yep. At 6:00 p.m. And we do need a quorum for that for that meeting. It's kind of important. Um, Kelly will describe or actually let's have Kristen talk tonight. We'll describe what we're doing on that night. Um, that's the PUB um, ordinance review. That's what I understand from my baby. And will we be adopting it that day, that night? Is that why we're meeting to adopt it or just to talk about it?

I not sure. I probably would hope that it would be adopted, but if not, then No, you're having a public hearing. We have a hearing on on the amended amended ordinance of which we would then give a recommendation to. The process is per our zoning ordinance that this board reviews and provides a recommendation on all zoning ordinance changes to the town council. The town council is a jurisdictional body that formally adopts the regulation. Correct. we provide a recommendation. So March 23rd is a public hearing for the board to consider and make a recommendation to the town council.

And we do need a quorum. It will be embarrassing if a lot of people show up and we don't have a quorum. So please I will not be able to make quorum eyes. I will not be here. I'll be on my 17th year of being with my wife. So that'll be what I'm focusing on. Congratulations. You're going to be here. Ann will be here. I will be here. Who else will be here? I'll be here. Will be here. Lieutenant Cruz will be here. So, we're going to have a quorum. Thank you very much. I I think Kelly went through uh