Planning Board Meeting 08/20/2026 Brentwood, NH
The Planning Board voted unanimously to seat Liz Fia and Doug Finnen as alternates. The board held a public hearing regarding an application to alter a stone wall at 175 South Road. The property owner, Brian Dennant, requested approval to move a driveway onto his property. The board voted unanimously to approve the request. Robert Tuttle, the fire inspector, presented draft changes to site plan review regulations. The board instructed the Town Administrator to determine the cost for SFC to review the draft. The board unanimously approved a motion regarding driveway permits. The board voted to approve the minutes from the August 6th meeting.
All right, everyone. We will open the open the meeting. >> Um, can we have a motion to add our alternates? >> So, me. >> Oh, sorry. Um, so should we do one at a time like we normally >> do? Yeah. So, I'll make a motion that we seat Liz Fia as a voting member this evening. >> Second. >> All in favor? >> I >> I. >> And I will further move that we sit Doug Finnen as a voting member this evening. Second. All in favor? >> I I First up, we have a public hearing regarding an application to alter a stone wall on a scenic road at 175 South Road. Property owner Brian Dennant, if you are here, could you um >> give us would would you be able to just tell us a little bit about what your >> the mic? Um, yeah. >> Thanks. >> Yep. Thank you. Y >> if you could just state your name for the record, please, sir. >> Thank you. >> Name's Brian Denn. >> Beautiful. Thank you, sir. >> Somewhat hearing impaired. >> Bless you. >> Right. that that might be a good thing in this meeting because sometimes people get tired of hear of hearing us. So, >> right. >> So, you are asking to alter the stonewall boundary between your property and the right of way to install a driveway. Yep. Is there >> I'll make a claim to you folks right now. I built that stone wall. [laughter] >> Okay. >> All the way from Peggy Allen's property to my driveway along South Road. in in being a neighbor >> work Tommy Land has helped me a little bit. >> Being a neighbor of yours for 53 plus years, I can attest that you did make some improvements. >> You can you can verify that. >> I can hear. >> Sure. >> Can you It's where uh >> just for the audio. Yeah. Thank you. >> So uh my name is Eric Dennett. I'm a son. Um the reason being we want to move this the driveway is because the existing driveway is is far too close to our our our building. Um the corner post we were we were unaware of how close the property line was down our driveway and like my father said we've been taking care of that driveway for 53 years and it's just it's it's too close to have people driving up and down there walking their dogs. I understand that it's it's a public way for them to do it. But we want the liability. We want to move our property, our house inside our property line more to give you, you know, what we recommended was to try and get like the 35 ft within our property. And reason being is if we repl our vehicles. My dad has a pickup truck and it would just be enough room for him to park in front of where the garage is now. Now once we are able to get the approval to move the house in the existing garage will be torn down. It's merely right now it's just storing what we could salvage out of the house. Um because again it is within I believe 20 ft of the property >> right the building itself. >> And just to clarify you correct me if I'm wrong your your what you call your present driveway is actually a class six town road. >> Yes. and >> correct. >> And in 1973 when the family moved in that was a class five road. Then subsequent to that the town voted at a town meeting to declare that a class six road. So the town still owns the property. Anybody has the right to use it, including the Dennis, but their house is within just feet of that class six road. So they'll have a place to park. they'll have, you know, reasonable privacy by moving the driveway out onto South Road. And their address is for, as far as I can remember, has always been a South Road address, even though the access was off from a class, excuse me, a class six road. >> Was Was there anybody else from the applicant? >> Yes, my name is Nancy D. Sharm. I'm their daughter. >> I also want to add that, you know, my parents are living with me right now and that's totally fine. They can stay with me for the rest of their lives. I love them. But one of the options that was presented to them was through their insurance company. They offered to have a singlewide mobile home brought into their property so that they could live there throughout the process of them rebuilding their home. They can't do that because they technically don't have a driveway on the property. And I don't think you guys want any single wide temporary mobile home put on your town property, class six, whatever it is. Okay? So that's why I'm here so that you all know this and that's it. Thank you. >> And probably everybody's aware of it. Their their home was damaged or really destroyed by fire about a year ago. So they haven't been able to live >> 14. >> Um do we have any of Butters here who would like to comment? >> Do have a letter from >> if if sorry if you can >> if you could come to the podium sir. and just push the red button on it. >> I'm Dean Bowman, 174 South [clears throat] Road, right across the street. And I certainly would support the town doing this. Uh it seems more than reasonable to uh make this modification and u we might actually be able to see that stone wall again because it's pretty overgrown at the moment. I'm a big yes for this. Thank you. Come on up. >> My name is Richard Coney. This is my wife Florence. We live at 173 South Row. Now, when my house was built, it was a gentleman that worked for the post office in Exor and he must have got approval to use the road. And my driveway comes off from that road, Hey Road, I guess they Hey Road. Also, the town uh gentleman that took care of the town roads, I believe, was Bill Pinkham back in those days. >> Red, >> huh? >> Red Hubert Wendle. Well, what they did for me, we were building all the stone walls back around the house and the section where [clears throat] my garage is built. It's lowered at my house quite a bit and back into the woods. What they did the town, they were remodeling the whole South Road. They needed place to dump the rocks, the old gravel, old tar. So my part of the land floods from the pond that the town uses as a fire, thank God, [laughter] for their house. But they came to Florence and I and asked if they could dump where the flood area was from the culver towards the h road. I said, "Sure, do do what you want." And they filled it all in, gave me a nice from the town to build a nice garage set way back. and I and this gentleman and his son helped me build stone walls. Those stone walls weren't there. They were all distributed all over the place. So, I support Mr. Dennet and his wife to have that new driveway. Thank you. >> Thank you. So, these aren't historic? >> No. >> Stone walls. Well, I I will assert that there was a stone wall visible, but they they greatly improved it. They added to it, made it taller, but the uh stone wall does show on some old tax records. >> Oh, okay. >> And the just the fundamental basic >> Well, you have to have a driveway. >> Are you restricted with scenic road as far as removal of it? Can >> are we able to make this decision? >> That's why we're having these. Absolutely. >> And there's no opposition with the conservation. There's a letter in your >> submitted a letter. [clears throat and cough] >> Um it >> I was just going to say are there any other public comments? >> I just one of our neighbors. >> We got their letter. >> We got it. >> Yeah. >> Yep. We have um a letter from the conservation commission that they voted and didn't have any objections to this application. And we have a letter of support from Jay and Lorie Hipkkey at 180 South Road and both are in your packet. >> I'll I'll move approval. >> Any other board discussion or questions? My only question is how are you accessing the house now? >> Right now we are only have our garden which is between our old house and we're using the new driveway. So I don't have to have my mom walk from the old again. She's 77 years old. She got diabetes and I don't want her walking uneven ground. driveway is the new driveway. I park in there. We unve I've seen when he was looking at the house always in the yard and the last >> it it is a little confusing Paul because >> is the driveway >> already built? It's already built and actually you signed the permit or the town the town engineer signed the permit and the town building inspector code enforcement signed off but they were just not that there was any malfeasants. They were just unaware of this law that's been on the books for over a quarter century. It's rarely used. Traditionally we hear requests come in for uh utilities cutting trees. But of course it also applies the RSA applies to stone walls and trees. So, I just thought it would be cleaner if we had this meeting so it wouldn't cloud title down the road. It's very clear if we pass this that they have a right to use the new driveway which is already in existence. >> Kind of cleaning >> cleaning up a little mess. >> Yeah. So, so it's it's sort of a retroactive, you know, in order to clear the >> we're dotting eyes and crossing tees. again. He actually had the approved question and he put it in, placed it in there. Everything seemed [clears throat] to be up to your >> Any other comments, questions? We had a >> We have a motion and we have a second. >> Second. All right. All in favor? I >> thank you everybody for coming out tonight and >> save for the rest of the show but thank you [laughter] for us So this is one step in the process. >> All right. Thank you everyone. >> Good job. >> Well, this is just offensive. [laughter] Thank you. >> Thank you, Bruce. >> Thank you for the blueberry pie. [laughter] >> Don't forget mine. All >> [laughter] >> right, we'll um >> we'll need to wait till Mark comes back, but um you're up next. >> It only took about 15 minutes. >> I promised you. I promised you. >> All right. Um next up, we have Robert Tuttle, our fire inspector. talk about >> looking sharp >> changes to our site plan review regulations. [clears throat] >> Um, and I will be upfront. I have skimmed this, but I haven't had a chance to read it in detail and I was hoping you could kind of >> walk us through it a little bit. >> Yeah, sorry that it's it's a little bit of a lot um that a guy sent you, but having a discussion with Mark um basically from our last conversation while I was here talking about things um started to go through our actual zoning to see if things matched like we discussed. >> Um, and there was some things that match, some things that aren't in there. And so this is more or less trying to clean that up and figure out within your um so I kind of more or less looking for like a work session with you guys more than like voting anything in tonight >> because that's the way Mark described it to me is >> more of like a work session with you guys than a actual like voting in things because I don't understand fully yet how things get voted in. >> Yeah. Because we need to have a full public hearing. >> Yeah. And will this end up being a warrant article because Oh, no. You're adding >> the most changes to >> uh I think there was I think there was one that might have been a warrant article. >> Yeah, correct. There is one. There was one and I think that was specifically or when I was looking for like NFPAs and building codes, it just basically sites like SF SAF600 which is >> I mean if you want to go digging you can dig, but I think this that cleans that section up >> to be very more specific. So we >> but for most of it we'll at least have to have a noticed public hearing and give people opportunities to comment. But this was more of a like a work through >> um red pen night. If you don't and if we don't need to go through it all tonight, I'm okay with that, too. >> Maybe highlights or things that you think might be a sticking point. >> Yeah. Uh is there another >> Yep. Right over there. >> Yeah. I I think that's a good idea because if we do end up doing a work session later, it might be good to know in advance what some of the what some of the quote unquote problem areas might be, if there are any. >> Yeah. It's just more like revising and cleaning things up, trying to figure out like >> things that to make the town a little bit safer for people coming in because there's a lot of construction coming into this town. Um a lot of projects coming in. We don't our biggest thing in the firehouse is um the water supply in town. don't have it in this town. We just don't. Um like I just found out we had a fire pond that almost no one knew we had in town on 125. >> Well, that inoperable. >> Well, it's got that little just a little bathtub. >> Uh no, out behind suburban propane. >> Behind suburban propane. >> Oh, it's tied into the water system. That's a water system. >> Sure is. that that's also tied to the Gersie property which >> is how this really got exposed. Um >> it'll be it'll be >> and that's what triggered that resolved. I got I got the site plan for that and and no one really knew that was even back there. >> Well, it's the source of the water supply. >> It is. >> Was that the thing you showed us, Mark, where we went into like Okay. Yeah. >> How that's supposed to operate? There's supposed to be pressure in those lines all the time. When the pressure drops, that pump is supposed to kick on. >> So, there's some electrical issues there. There should be some inspections being done on it. >> Yeah, it's currently being fixed right now. >> It's current it will be fixed um by the time Gersie comes back to this board. >> Um before you jump in, I did have one question. I think I I saw you had written somewhere that um we have a lot of buildings that we don't know exactly when when they're approved who the tenants will be. >> Correct. >> And I'm wondering if you have any recommendations for the board. >> So that actually there is I think a section in here for that specifically. Um >> and I probably should have labeled it a little bit better. Um but there is some of that in here because early detection >> shells speculative and multi-tenant buildings. >> Yes. >> Yep. >> Because it is you're getting we're getting those multi-bay just they're building a a cookie cutter metal box and then they're just going to rent it out to whoever. >> I'm Yeah. I'm wondering if you would recommend that we limit that somehow. like we we say you can have this type of business but you can't >> I wouldn't say limit it because it does bring a lot of stuff into this town. >> Um but we just need to be able to get in there. So like when these guys come in to site plan for you guys they're just saying hey I want to build this building but once it's built there's nothing that says what you know for us to go back in or they need can't there's nothing in there for them to come back even to you where it says okay well now I want these tenants in there >> and certain tenants trigger >> there actually is >> there is there I think most all this is covered by our existing rigs but you won't believe this but personally I gave you a very hard time last time, but I I kind of like uh the fact that you're, you know, maybe cleaning up and condensing it. >> Uh, you know, we have that note on all plans always on upon approval. It says that uh the build out before building permits issue that uh you know, plan is submitted by a licensed fire professional >> detailing what aspects of the codes are to be addressed. Uh, and I think it's great to have It's just too much if people haven't had a chance to read these. >> No. And I >> pages. It's too much tonight. Maybe I just would suggest we maybe not hold the public hearing for a month because I'd love to see FFC as our PE, our professional engineer fire consultant, uh, review this and maybe make some suggestions as well. We might have to make sure we have budget for that because our budget is >> quite tight and I we might I think we have a small line in there for >> we we do >> well again we don't have to address everything in this packet tonight. >> Um just it was given to you know talking with Mark and how things worked, right? We didn't want to form a quorum or anything like that. So what I did is I forwarded to him so he could forward to you if we have to come back to another night or look at one or two tonight and come back. I'm but I can work with that. >> I'm looking for nothing in stone tonight. This is more of like a let's >> work together work session. >> I think a lot of these things are going to be addressed through better communication between the planning board and the fire department. Getting applicants into their purview into their review earlier within the process. I think the fire regulations and the amount of gallonage that is required when you don't declare a use. I've heard some comments from some engineers to say that they will never submit another plan unless they can nail down a use because you'd be wildly surprised with the gallons per minute required when you don't declare a use and when you do. >> But that would come into play that would be reviewed when the building application is submitted. So when another either instance >> and I'm looking >> applicant can come in very with an idea it's easier not to >> right but a lot of cases they don't >> but what Mark is pointing out is that it may be easier in the short term not to but when they find out what the ramifications can be on the other end >> they should have they should have talked with someone >> because most of them have an idea when when they have five units they know of one person that's talked to them. >> Um, they just don't know who the other four people are going to be >> and they should think about that more >> practically. >> Y so blows don't cash when it absolutely does. >> And if it does, >> we have an applicant that came before us and we approved the plan and then they found out because they didn't declare use they were required to put 80,000 gallons. >> Uh the which one? uh Revolution Real Estate, >> I'm trying to think of that. Uh 180 >> 180,000 gallons of water. >> And I'll point that out right now actually with the very first page here. Um with regards to the system, uh it's a very short two-page one. Um basically it would revise because right now what your zoning board says it says it um the use the minimum usable capacity be 30,000 gallons. Now all developers anywhere I talk to they're like oh well that's what your thing says. It's 30,000 gallons. Well no that's the minimum. >> And when it comes to NFPA1 all buildings have a fl a fire a flow requirement when something [clears throat] happens. So any building from zero square feet to 12,000 square foot building comes out to the 200 uh the 1500 gallons a minute um for two hours. >> I could be a little disingenuous in telling you that because every town and city in New Hampshire is governed by these same rules. So they all know it's based on load and other various factors. >> But if we the problem with us in particular as Brent where we don't have the water supply. So, for me to meet this as uh in instant commander, right, I've got 30, let's say I've got 30,000 gallons on site minus the 180,000, right? Or 180,000 minus the 30. I have to bring in 14, 15, 16 tankers into this town, which this area does not have. We have a staffing issue across the board in New Hampshire. We don't have the water supply for that either. that would be taxing the the water tower or any what little ponds we do have in town. >> But but our existing ress if you declare that they need x number of gallons based again on the use >> then they have to comply. I mean they they can't they can't go back and say well your ordinance is a minimum of 30,000. I mean because this would make it clear right yeah that it's but that's what every developer does. >> They may try that. You just go, "Okay, your your thing says 30,000 gallons." >> Yeah. So, this this would make it more defensible. >> This will make it more precise based on the buildings you have coming in. >> And or they have other options because you do have in your thing that they have other options. You can just sprinkle the building. That changes things completely with the sistern size or the tank size that they need. >> Is this like an impediment to development though? Is that >> you know in terms of in terms of like the uh lack of water, you know, and and now putting regulation in place that will expand what what what's necessary. Is that going to be an impediment? >> I don't >> I I thought so, Paul. And I don't know that you were here at the meeting when um when the chief was here, well, he was here last time, but I started right off. I went after him on that basic issue. The town of Brenwood hires SFC there. professional engineers authorized or license to do fire inspections. So the only other thing I really I don't feel there's going to be any impediment to business because it's just following the law that's already on our books. There really is nothing really new. The the idea here is that it would be more clear to applicants. But I mean the basic law hasn't changed. And and something that is worth keeping in mind is that I if I'm interpreting the new RSA correctly, which is a big if, um I I I think that we have some flexibility here to evaluate some of these multif family projects on a case-byase basis based on our water capacity because the the new law that was passed that amended House Bill 631 made it even clearer that towns do have some um discretion when it comes to town infrastructure like sewer and water. >> But that's only for multif family. >> That's only for multif family. But I but I think >> these apply to everything within the parameters of cycle. >> Right. But the reason why I bring it up is that I think to Paul's I I don't know if this is really where you were going with this, but I think that with the increased multif family development in potentially on 125, it could it could become relevant. Yeah, I I mean I >> I was I was thinking more expansively, but I I understand what you're saying. I mean, it's true. >> A very good point, >> but I don't think this is in any way that >> the only thing I'm a little bit uncomfortable with is uh what what do you guys call it the agency with jurisdiction? >> Uh AHJ >> AJ >> uh the authority having jurisdiction >> and certainly you have independent jurisdiction on your own. I mean, if you see see an unsafe situation due to life safety uh impairments, you have the right as a fire chief to address those. >> We we do. We do. And >> the the biggest thing with this like the the system thing originally came from one of the NFPAs that's not being you we can't enforce it because it's not under 10 or 101. It's under NFPA 1142. um which is basically the the primary standard for uh suburban and rural fire fighting water supply. So that's where this sistern thing came in. So that NFPA isn't technically enforcable. So we don't actually we actually can't like enforce the system size. >> Well, that's why I think that uh gauging SFC to do some review here is is important. Uh because that's how we started with SFC at the first. We had the fire department dictating to the planning board or suggesting what the um approval would would allow. And the fire department at the time, nothing to do with the present crew, but at the time they were coming up with suggestions and requirements, demands that weren't supported by any fire regulations. So, we hired SFC. So, just so you understand, the planning, the fire department is advisory to this board. I mean, you still have your own independent jurisdiction, but I want to see SFC still involved. So, if there's an issue, a U, you know, somebody an applicant is thinking that they're being unjustifiably demanded to do far more than they think the code is, will have SFC. >> The last the last SFC report I got is all suggestions. It's not even the you must. It just says these are things you should do. Well, >> yeah, there's a the I want to say a couple things real quick. Um, one is I, you know, I appreciate what you're saying, but this is also, you know, the the town hires professionals to, you know, come up with >> SFC >> and the fire department, >> someone has >> um, >> but SFC is a credential PE professional engineer. Our fire department does not have that accreditation. So, when it comes down to brass tax, if they think that they're being Are you a professional engineer? >> I'm not a professional engineer, but I have the credentials. >> Well, you have some credentials and also I've gone through the classes that I need to. >> We're not asking them to calculate loads. We're asking them to regulate fires and fire suppression. So, let me give you a bit of example. So, the last applicant that I just talked about who got the 180,000galon system and was told to do that was reviewed by SFC. And do you know what SFC said? I concur. So I don't think we're making that fee also. >> Yeah. I I don't want to create a problem that that we don't have right now. I think you know we have recommendations for changing our our site plan review. >> Based on you know I think what we asked you last time is can you tie it to our ordinances and give us justification and I think that's what you've you've done very thoroughly. >> Yeah. Um, and there's always a process too if an applicant comes in, circumstances, what you know, whatever they might be at that site and they have a justification to try to, you know, get go to the zoning board and >> it won't be the zoning board. We want we'd want to have a professional. And I mean, I concur with Paul. I'm worried not about this. >> I know. saying I'm saying if if we have rules on the books and then we get advice during a process >> and those two things don't quite line up and there's some there are other processes is what I'm saying what we want to do is get the rules >> yes we want the rules to be properly stated so they don't infringe on the rights of future applicants and that has >> well to Paul's question about um would this inhibit development I think has to be weighed against public safety. >> And what I'm hearing is that >> the way things are written currently, you are not comfortable with more development coming in. >> It's not that I'm uncomfortable with more development coming in. I think we just need to meet the standards. >> And unfortunately, there's another development in town, too, that um I'm working with and I had to give approval for because before me, there was a 15,000galon sistn on that site, which does not meet your >> your ordinance as written currently. And there was an argument between them about So now he's building and he's putting a 15,000galon system on site to make a 30,000gallon system on site that has three four buildings on that one grouping area all kind of close together. >> Not not ideal. >> So >> um so uh I want to set aside the S SFC thing for now. Let's look at the budget, see where we are. It's already almost September, so we we'll have an idea. There might be >> we have the engineering line and we might be able to cobble together a little bit. >> I just can't believe though we would consider making changes to our ordinance because we didn't have the money to hire our qualified engineer at the town of Brentwood that you signed the contract for to provide the technical assistance to us that you wouldn't want to have them review it. I'm not saying that we're first of all, we're not making any decisions for a while. We need to go through a public hearing process. We all need to read this and mark it up and get Glenn's insight about how it meshes with our current ordinances. >> And if it means we need to wait and or we need to go to the select board and ask for money. >> Well, we can't spend what we don't have. It's not a matter of, oh, this we think this is really important, so we should we still can't spend what's not in our budget. So, we can go to the select board or we can wait until January and we can put it in a new >> Yeah, I but I I would I think the select board will find a way to help us finance it. >> That's fine. >> If if if they don't, I would make a big deal out of not approving any changes until such time maybe put these changes off till after January. >> That's fine. We have the money. >> That's fine. I just think we're getting a little bit ahead of oursel. I see a path for that of >> Right. But you see, I'm concerned that we we make decisions and enact ordinances and regulations that that make sense. >> Not that not that given us anything wrong, [clears throat] >> but the way they're implemented and there's always needs to be a safeguard where a professional engineer can be consulted if there's a disagreement between parties. So yeah, if I could just say every now and then it feels like we have discussions here where even though it feels like we all agree, we're like talking like we don't agree. Um so [clears throat] I I I feel like we we we have a path forward here. I mean we're we I I think we're in agreement that we um you know want SF SFC's eyes on it and but you know we need to just make sure that we have that we're staying within our means. um you know so I I don't know I I think that we're we're largely in agreement here um in terms of what the proper path forward is. I don't know if it'll be prudent to make a motion to schedule a work session or if maybe that's still a little bit premature. Maybe we should look at the budget first. But I'm curious what folks what the temperature of the >> Oh, there's the budget right there. Although we don't know what it would, you know, >> we don't know exactly. >> Why don't you make a motion, Doug, to uh contact SFC to see what a curse review of these advocated changes would cost. So, at least we know what what monetary value we're talking about so we can go to the select board, maybe somebody donate some money. >> If I make a motion, will you second it? I'll second. >> Well, I guess what are we asking them though? Are we asking them to read this and provide comment or attend a work session? Um, I was just looking for your guys' input to start. I'm not trying to go down the big huge rabbit hole. >> I would much rather we whittle this down. Yep. >> I mean, I can't ask for a quote on something that she's never seen. You know what I mean? And and how much volume there is will dictate the price and the hours that >> Yeah. I mean, maybe we read through it and a lot of it's basic. We don't think we need an engineer, right? >> So, let So, let's do this. Um, I can Did you send this to us in a word doc? >> I emailed it over to um Mark on a word. >> Um because one Okay, we have a couple options >> for the >> if not I can't it was either PDF or or Word, but I'm pretty sure it was Word. >> Because I'm just thinking we've got a couple options. One is everybody has a copy of this in their mail. they can just use the the comment function and go through and make comments on it and send them all to Mark. Or I could make more of a spreadsheet and put each section in a column and you guys can write notes and maybe that way we can say we don't need to worry about this. This is, you know, this is consistent. >> I think we just make comments on this. It takes a couple hours to really read through it several times. >> Yeah. Again, like I said, I I've been working with Mark. It was more of a we can't do a quorum. We didn't want to go down that rabbit hole, right? So, sent it over to him so I could come talk to you guys. >> Hey, we really want to meet with with you guys, but we appreciate all the work you've [laughter] done. >> We really do. Yeah. Some sometimes we stumble into rabbit holes without without even >> So, um so let's set a deadline for ourselves to comments um and then get back together and do more of a close reading together. >> We're not meeting on the first of next month, September. So, about the second meeting of September. [clears throat] Do >> we have any >> for the 17th? I believe it is. >> We have that one hearing that's continued. >> We do. Let me um >> We're not meeting on the third. >> We are not. That meeting is canceled. Yeah, we have Garcy >> GI. Yeah, >> Geri Geresi and they're going before the ZBA to Monday. >> So, may I just suggest something? >> Yes, please. >> Absolutely. >> I started reading this yesterday. >> Um, and I would really like to send something to the board about it and I would like to do that earlier than later. So regardless of when you people decide you're going to have a work session, I would like to commit to finishing looking at it when I'm here next week >> and put together what I think we need to how we need to address moving forward. >> Perfect. >> I mean, you pay me to do that and I would like to do that and I did start doing that yesterday, but I >> we appreciate that. Said that 10 minutes ago. Well, sometimes it's just fun to see how we work through things. >> Well, and I know I'm sure everybody wants to >> and everyone should look at this. >> So, we don't need FF SFC yet. We just >> just I'm just saying before we vote as a board to adopt >> it and and and we agree. So, I think we can hold off on any motions. >> Yeah. And we need a public hearing, too. So, there's lots more to come. >> Does Does that work with his schedule? You know, his schedule. I make a schedule. Yes. >> Will he have enough time? >> Yeah, I'll have I will have enough time next Wednesday. Okay. I've got comments. All you have to do is go through the Gersie comments to make sure they are uh sufficed. >> Um Yeah. And you already got the >> You're going to make a recommendation to us by email? >> I Yes. And and I'm not [clears throat] saying I'm making recommendations about the content. I want I will be making recommendations about what our steps forward are. Okay. and how I think these are meshing in with what we currently require. >> So board assignment is to spend some time with this >> send any comments questions to Glenn and Mark and be prepared on the 17th having read Glenn's comments in this document and you're available on the 17th and that'll be the next step. We may have a review step, timing, TVD. >> That's fine. Um, >> and we'll have a public hearing step. >> I like learning how you guys work and working with you guys. So, >> we're uh, [laughter] >> I I really think they're on the right track. I just want to make sure that >> Absolutely. I agree. >> When do you >> So much for your work. >> When do you go to Florida? [laughter] >> 17. >> All right. Well, again, thank you for all the work you've done on this. Thank you for coming out again tonight. We appreciate it. >> Yeah. Very nice. >> Oh, actually, sorry. I had one one quick thing for you. Um, so back on this idea about buildings that you're not exactly sure what's going in them. So, the town did put together a like a business registration process where >> owners are supposed to notify the town of new tenants, >> but I don't know how that's been implemented. And one of the big issues we have here um and I see you have approval should not con constitute approval of any future tenant. we don't have a lot of enforcement mechanism or inspe you know like making sure like >> tenants have changed um >> so that's that's an area >> somebody told me you guys had like a registry of businesses because I want to get out myself to the businesses because get out and do safety inspections and lights and and get back into these businesses >> and we really should know that a business moving in >> it you know is approved under the site plan and that um >> because I assume if something's changed there, they're not following your rule, >> right? >> It could just be the same kind of business. >> Mhm. >> But if it's something different, >> that's may or may not. >> I I know you're concerned about see business you should be concerned about. But I I believe you have the right maybe it's in conjunction with code enforcement or building inspector New Hampshire RSA. I think you have the right own. Certainly the planning board doesn't have any jurisdiction once the approval has been given. >> There are some like if they have like um a permanent assembly or certain things I have to go in yearly and go check. Yeah. >> Other things >> permitting emissions of a paint shop or body shop. >> So you do really have that. >> There are Yep. We don't we don't have any enforcement power, but we're a resource if you need to know what's approved at a site. >> But doesn't the building inspector um uh issue a um occupancy permit? >> We do. We've been working together with every all new buildings. I I give him my life safety inspection report and that in conjunction will give an occupancy. But if it's an occupancy for a square metal building that has nothing in it, that doesn't mean it's it's literally an occupancy for that shell. >> But now what's going in there? >> It's not a like a business license. >> They could say, "Oh, it's, you know, a business, but really it's B business and now it's a high hazard with >> So when you have somebody moving in, how do you get more teeth into that by having a new business go in? You start with the shell, then you have a gun factory going there, >> right? I >> we have nothing. >> I would only find out if we go and do an inspection, right? >> That's why our note is on every plan that says any use of this will conform to all. >> Doesn't sound. >> No, no, it's >> it's like condo docks. Nobody ever reads them. five or seven years ago, we put in a requirement that said that acknowledges by note on the plan that they understand that Brentwood Fire Department has the right to annual inspections. >> It's in our it's in our regulations. We make >> and do you do that on an annual basis? >> So the problem with that is again funding budget. I'm only there so the previous inspector was only there every Friday for eight hours because that's what the budget allowed. I try to be there Tuesdays and Thursdays. We've gone to 10 hours because that's what we're figuring out. Um but I mean that's five hour two five hour days. >> And I do come in a lot and do a lot on my own time as well for this town. Um just because I really do like Brentwood Firehouse. >> Um >> and now we're your favorite planning board too, right? >> Okay. Anything else? Thank you again so much. >> All right. Uh board review of the new compliance enforcement form. Thank you Mark for making that we have an electronic version and a version somebody can fill out by hand. Um, so the conversation, Paul, you weren't here last week, but we talked about, you know, we all kind of see something once in a while and we don't, um, you know, like an individual, anybody personally can send something to the select board, but we talked about, well, if we've all talked about it here, should we as a board report something rather than making an individual do it? So that was the idea behind this. Mark, is there anything you want to add? >> No, it's pretty self-explanatory. I wanted one that you could fill out at home a as you saw something and you could fill it out and the other one's really for me to be able to type on it or for you if you want to type it out on your computer and print it. I just didn't want to have to delete all the lines when I wanted to fill it out. So, provided them both to you. Um, I did steal the Kingston one and sort of revamped it. That's what I >> I removed a few things that I re rewarded some things that I felt were a little clearer. >> Kingston's brilliant. >> Did um who >> what' you say? >> I said Kingston's brilliant >> because he wrote it. >> The form was >> So did we >> No, I I felt there was a few things that could be eliminated and I did. >> So I guess it wasn't so brilliant. So >> So Glenn, would you make changes on this? >> Okay. I you're insulted by my changes by the one you made in Kingston. I can see. >> So, which one were you supposed to go by here? Either one or the one with the lines. >> Yeah. The one with the lines. >> They say the same thing. >> Yes, I did. >> Yeah. The the one without the lines is just easier to type in on a computer. >> So, um if you don't >> Did we vote last time on submitting a request for the containers under the power lines or did we leave that open? We we did talk about that, Paul. In fact, there was uh you spoke about a couple meetings ago about going out viewing that um banner here on Sanborn Lot. >> Did that happen? >> You said you were going to do it. So, I'm going >> personally. >> Yes, you did. I I'll even rewind. I'll sit come over here and watch that tape. >> No, I said I would I would report it to the building inspector, which I did. >> What happened? >> Don't know. >> That I can't tell you. >> And then I I I made a recommendation. I think Kristen brought up the idea of checking out the banners, see if that conform with standards >> and then I mentioned the containers, the three containers on the second parcel which has no site plan approved at all at all. >> Period. >> So, you know, I don't mind being the jerk, but uh I think Christian had a good idea if the planning board were to write this up. I don't mind going around and writing up these these these uh legislation, but just so you won't think we're trying to ser the power of the board of selectment. you turn to page. I'm I'm not thinking that at all. >> We just we just notice things and if it's a site plan that we've worked with, then people know what's off. >> Yeah. I I think that kind of documentation, you know, with the planning board stamp of, you know, approval is, you know, that that would help the process. So, does somebody want to make a motion to have our land use administrator fill out an enforcement request related to the containers? >> I don't have the address under the power lines, >> right? We have I can >> I I would feel more comfortable creating that document for you and you reading it and voting on it because you're what what you're do. It's too gray. If I put something in there that you don't like, then >> we don't know you don't like it. I don't know. You don't like it. >> You've got something going on. All right. >> Can you draft Can you grab something? >> Okay. For the containers. >> Containers under the power line. >> Yeah. So, I've got to look up on our site plan review regulations and our zoning regulations. What? That's a violation of >> I'll give you I'll give you a note in writing early next week. >> They appear abandoned. >> Yeah. Because you already sent it. No, I haven't. I held you. >> But we can do it in two minutes. If you could just >> I want them to be aware that they need to follow us up with >> Let me read under site plan regulations on page 31. >> Mark under section 10 administration enforcement 10.1 is general and it says these regulations shall be administered by the planning board with the assistance of the building inspector, town engineer and and such other persons as the board shall designate. It shall be the duty of the board of selectment to enforce the site plan review regulations. The selectment in enforcing these regulations shall act upon a complaint or information from the planning board, building inspector, town engineer, or otherwise, and shall whenever practical takes take such action as the planning board or such other officials request. >> I thought you were going to give me what they were in violation of. I was ready to write it down. >> And the board of selectment have done that seven times. Yeah, I I think I think the reason I >> suggested [snorts] that we have a forum like this is because there are meetings where we just kind of talk around circles >> and we don't actually do anything about [laughter] that. Not that that would ever happen here, >> but this way we get it down on paper, >> we all agree, we send it to >> You make a motion, you vote on it, and I will I will make sure >> it would help the building inspect because I know he wants that. >> Plus, it's like prioritizing. It's not just something you heard. [clears throat] It's an official request. All right, our land. >> He probably draft >> he probably asked me to put >> So you like the form >> and then that question we would be voting on this after >> after he drafts it. >> After he I I'm uncomfortable without you looking at the verbiage first. >> So the containers but not the signs. >> Well, let's just start with [laughter] >> one. >> And would that Are you going to put the vote down on paper? >> Um just an approved signature. be specific action and request by the planning board. I it being reflected in the minutes that be reflected in the minutes, >> right? As long as it's reflected in the minutes and you have an approved signature that I think that suffices. >> All right. >> Next item. Board discussion regarding driveway permits. So, we talked a little bit about this last time. SFC gave us two options. How did we leave this? >> I [clears throat] do. >> Um, so looking at the billing that's been coming in, um, I reached back out to SFC to say, "Hey, do you have a number that you can come up with that would be a one fee that I could pay you per driveway permit and then you would handle it or could you bill direct?" and her answer is in that email that they are uncomfortable billing direct. >> And really lays out the two fees that they are comfortable with collecting and the amount of service they would give under those two fees. Um, this is my personal opinion. I I think $1,000 is far too much money to to ask for a resident uh for a driveway permit. Um, but you're not going to get it's you're not going to get the pre-insspection, which I think is important as well. >> Our application does not know they asked for a picture of the existing condition. In fact, if you want to pull up that approval for the Denet lot, you'll see all the pictures that were taken by >> the applicant. Right. >> Right. No, those were taken by the engineer. >> Okay. But during a pre-insspection, >> um, leaving it up to a homeowner or a possible, uh, person putting in the driveway to judge that sight distance of 400 ft. Um, this this is why I'm bringing it to the board. This could be a board discussion. >> If you I I concur with the thousand bucks is too much. I like the second one, but if you read a little further below that, the SFC is offering to help us improve our application process. So, they might ask for for pictures. Uh, if somebody lies about the line of sight, and I agree with you, not many homeowners would even know what a line of sight is, but if they put down information put in the driveway and then the information that they gave is untrue, they don't get their final sign off. >> Well, then it's already constructed and built. >> Yeah. That puts puts everybody in >> and they don't really know how to properly do line of sight either. There's a procedure to that. >> I'm sorry. >> Please, Mr. Go right ahead. Thank you. >> I I understand that you're worried about $400, but the $400 in this instance is whether or not we're going to have an engineer go out before the driveway is put in and show up after the driveway is put in. And I think that because of our history, >> we should work on that premise for a while. >> And if it seems like it's overkill, >> we can readjust it. But what we have spent two years kicking ourselves for not providing for the ability for our town engineer to show up before anything happens and verify after everything has happened. >> And they told us it costs more money >> and it's $400 to is the difference between having them on site before and after >> on an $850,000 home. >> Why are we Why is this an issue? >> Well, this is also a conversation of Right now we're charging three. Your typical driveway. Let's just say this one on Selfro. That's a one of she goes out and does that and then goes back to the office. When she does the one say in uh Riverrun, it's three at a time or four at a time or five at a time. So, the differential there if if she is charged if we're going to get charged $1,000 for every or the applicant is going to get charged $1,000 for every one of those and then they go out and do five at a time, that's a profit to them. Can't we expect a professional organization like SFC to treat that reasonably? So, if they do go out and they do five inspections, I don't think they're going to charge us for 15 hours at work. I mean, they're talking five hours. >> If they do, that's something we should talk to them about. Absolutely. Well, that's >> but be but it just seems we have spent an awful lot of time upset that we didn't have the right eyes on the driveways at the right time. >> You bailed us out again >> and the only way to do that is to have them there before and to have them there after. >> And I believe we spent we had legal fees related to that >> which is a town. >> It's just crazy. If we feel like we're like they're screwing us, I think we talk to them about that because that isn't the relationship they want to have either. >> There is an option C that we pay them the hourly that comes in and we set a fee. >> I think we could set our fee based on what >> we we we would just when they go out and do five at a time, there's just an hourly fee involved in that, >> right? their hourly fee to do just one driveway in the town of Brentwood, just one on some back, you know, uh, back road, it it adds up to almost $1,000. One came out to like 900. So that's why they came up the figure of $1,000, right? But the five in a row that they did that they charged me hourly. We probably I mean I didn't go number by number, but there's only three of them that have been done >> um in a development situation. >> Well, we just we then Tara talks with us. >> And she says, "Look, I have five applications and I can do them all at one time." So, >> like 1,000 per driveway or hourly, whichever is less, >> whichever is the appropriate method. >> Good idea. >> But you but this is a fee that goes on a form. >> Yeah, >> you pay this up front, >> right? If you don't get the money up front, you may not get the money. So, you could but you could always >> then I defer back to what I originally said. We want them eyes on before and eyes on after. >> And if this is what it costs, this is what that's what it costs. Exactly. the fee. Can't we just we take in the fee, they bill us whatever it is. If we have extra left over, we keep it and use it. >> I feel like that's more record keeping and >> we're probably not able to manage. >> I mean, that could stack up and then we could use it for other engineering needs >> No, that goes into general fund. Like, we don't >> I do like the way you're thinking. It really [laughter] doesn't they don't they won't keep it in a pile for us. All right. So, the only there's one other option I see >> get that money, >> which is um >> I like those guys, but >> a fee based on a one-off driveway, a fee based on, you know, two or more in one location is $800. >> But now you take take River Run for example, they may apply for five, but they may only build one at a time. >> Yeah. I I'm I'm not that concerned about there aren't going to be I don't think any you know major new projects like that. I'm not that concerned about it. And the we want to get it right. >> We want to get it right. And if if the difference between getting it right and coming up with some um [clears throat] convoluted >> convoluted reason to not do it doesn't seem logical. And if we if there is if something does go wrong, um it's very hard to get somebody to fix something and it becomes a fight and a zoning >> and it becomes way more expensive way more expensive. And so if if something goes wrong, they got a $600 permit and then they got a $1,000 repair bill and they're going to be upset that we didn't just give them a $1,000 permit and save them 600 bucks. >> You won't believe this, Flynn, but my thinking is has evolved. All right. So, um I would entertain a motion to uh >> Oh, sorry. Is there any public comment? >> Yeah. Sorry about that. >> Come to the podium, please. >> Push the button. >> State your name, please. >> Robert Lambert. Um been with the DOT for 21 years. Um I do driveway permits on a daily. Um, it's part of my job as foreman for my area. Unfortunately, I'm not a foreman over here. I'm in Allenstown. Um, part of my job is driving around and if I see someone paving a driveway or putting in a culvert, um, you know, unless they have their permit in hand, it's cease and desist, you need to stop. Um, I've seen people that our permits are zero. They can go online and apply for it. Doesn't cost them a thing. And I've still seen contractors come in and not do putting a pipe in or making sure the grade was the right way. Um just I guess my question is why isn't the road agent handling it? >> Basically I'll be the will and willing to say we don't we don't have a qualified engineer on our highway staff. >> Period. I'm not full stop, >> but we we've had a lot of problems with this and uh it's just time to make the change. I mean, the state has the money in their budget apparently to provide the service that >> the engineers don't come out and check the driveways. I do. And I'm not. >> But you're still a paid state employee. >> Okay. We yeah, we have um regulations about exactly how they're supposed to be built, which are a little bit different in this town than I think surrounding towns because we still require >> not concrete um concrete >> reinforced concrete. and we have had instances where things have been moved, things have been installed that do not match the plan. And one of the problems that we identified is that we didn't have something like this in place that covered the expense of somebody going out ahead of time making sure it was going to be done correctly and making sure it was installed correctly and that created issues for us. >> Any points well but see you'll go back when you see some incursion like that you'll go back and check on next time you drive through the area. Nobody no problem doing that this fall. That's the problem. Any any other comments? >> Yeah, I just want to make another comment. I still like their SFC's note here would be to assist assist us with developing the driveway permit requirements because a question I asked Mark today uh going back a few years when we had perhaps something different in writing on our application. We said that if you pave a driveway or repave a driveway, you're changing the elevation and the side slopes and all that. Um, you still need to get a building permit. So, I think we need to really revamp or or at least take a look at our current driveway permit applications to make sure that we address problems. >> Can we do that? >> Did we not do that? I thought we I thought we did update our permit application. >> Well, that was always the rule, but I that's in force anymore. I see driveways paved all the time on my road that there's no permit. >> Would it be advantageous to have the building inspector come in and talk to him about it? about the application the process and >> the not the application process is the application process but we need a defined maybe to redefine our our application to ask the questions to state the rules that we want to see enforced because people are again on my road the guy you're I know exactly where >> it's another enforcement issue not having the resources to flag >> you grabbed the bowl I'm just trying to wrangle it okay so what I would like to do I would like to ask the planning board to accept $1,000 to go toward a review of by SFC of our driveway applications to see if we can do that and I'll have a check for you Monday. >> You have $650 in your budget for engineering. >> Well, that's all right. That maybe that can be used on the fire because that's my next big battle. But this one, I'll give you the thousand bucks, too. >> I I don't think it's legal for you to give money to >> Oh, it is a donation. I honestly thought we did this. I thought you redid the form. And >> I can show you exactly what the what the form looks like. >> And I think the problem is that we can we can do that, you know, have a a new driveway permit for a new house, but then I mean I've been in my house nine years and still haven't paid my driveway. Um, what how does that how do you know if that person knows the process, remembers? >> Well, first you first you have to have the process. You can't hold somebody accountable for something that that values a plane board member. I I don't know exactly what that driveway permit requests requires today, but I'm sure SFC will probably come up with some different ideas on what what rules we we would have. >> So, what you're really talking about though is not it's not necessarily a a driveway permit. It's a >> application for >> in Well, but it's when there there's already a driveway. >> Well, that's just one. I mean, over overall 90% of what I I'm worried about is new driveways, but I'm saying there are little incidental sidebars to that like the repaving issue that I don't know. >> See, I feel like I regardless of what's on this, the reason we that SFC would be paid $1,000 is to make sure that the new driveway is installed correctly. So, I'm not I'm not worried about that. The problem with somebody coming back later and putting in a culvert and paving a driveway that's already there and not coming in and getting a permit to that is different. >> But our my question is I guess it's so simple. Uh I think we we need to know we need an engineer needs to tell us what are the the different aspects of a proper driveway installation. Don't. Isn't that in our That's in our >> We have that. >> We do. We do about subgrade and all that and the way >> Yes, that was the whole thing. >> We have that little depiction. We have that little depiction in our book. Didn't we discuss that a few years ago? >> Yeah. And and >> um they've done driveway permits for us. They haven't said, "Oh my god, we think you're requiring horrendous construction requirements for your >> and we do have them because the whole issue that we had last year, the year before was that >> we had the requirements and we looked at what was in the ground and those things and we measured >> most we were there measuring. >> So they are they do exist. Most of the struggle is with not with developments but private homeowners is getting them to submit a proper diagram and elevation scheme for what they want to do. That's where her struggle is and I've had to refuse a few and hand them back and say this is not um a completed application >> for new driver. >> So yeah, >> I think it was one of them. Yeah. >> because it wasn't complete. It wasn't adequate to show elevations and slopes. >> So what did you do? >> They redid it. >> And that's why she has to bill for those hours. She bills for the original review. Has to also bill for the second review of coordination between the applicant and herself. >> And that's the struggle. I don't think it's the ordinance itself. It's the actual application these people are filling out and handing in. So, so here's what I'd like to do, and you all can disagree, but um I'm favoring option one with a conversation with FFC to say if you see any way to improve this process so it doesn't take as long and you know, you help the applicant out earlier and the cost could come down in the future, then we can discuss that. >> I I'll I'll make that motion. >> Yeah, Liz wanted to say something. Yeah, I'm I'm confused. We are we only talking about new driveways or are we also talking about getting permits >> if you're repaving your driveway? >> Not repaving but installing a culver or there hasn't been one. >> Well, our old said if you repave, in other words, you have a driveway that's been there for a long time, it's breaking up or something, you need to repave it. >> Sometimes you may be just shimming and repaving. Other times you may be grinding it up and starting from scratch. >> Yeah. Do you need a new driveway permit for that? >> That's what it always was. >> But not like a C, not like >> it's altering reconstruction alter. If you are altering a driveway, meaning making it wider, making it uh raising it, lowering it, if you're altering all the terrain, then you need to apply for a driveway permit because part of the driveway permit process and the most, in my opinion, the most important part of the process is creating proper drainage. Proper drainage ruins our roadways. Improper drainage ruins our roadways. It ruins driveways. It ruins culverts. So proper drainage is what this really the application is all is part of a very important part of the application. >> I I think they should be separated out though. I don't think we should be talking about them. >> Well, I think what he's saying though is if is if it's being altered in a way that would alter the drainage and you're rebuilding the drive. So it's not like if somebody has their driveway resealed, has you know cracks repaired, things like that. It's not that >> sort of >> maintenance. adding [clears throat] dimensional thickness to your driveway. So, which helps there's drainage. >> I mean, >> and I've seen examples, too. I know other people have where people are doing that. They're not putting in the right culvert. They're not following the standards. >> I think >> I think we're overthinking it and I just go with >> Was going to make a motion. >> So, so I I made the motion, but there hasn't been a second. >> I'll second. >> Any other >> for What exactly was the motion, sir? I'm sorry. $1,000 >> for option one >> option one for $1,000. >> There was more discussion >> and there was more to that. There there was the >> and we will that SFC will work with us. Correct. If they find ways to make the process less expensive. >> Correct. Correct. >> Uh who's the second? Mr. Stevens. >> Then they have a question after that. So my question is >> before we vote. >> Yes. Uh process-wise, Glenn, so we we've voted tonight to one item number one thousand bucks. Do we have to have a public hearing on that or is is this vote tonight sufficient to charge somebody? >> I believe it's sufficient to charge somebody. >> So Mark take a new opportunity next week >> because we're we're the town can set their fee schedules. Um we're not writing um uh subdivision regulations. fee schedule. >> So, we're going from 300 to a,000. >> So, should we be clarifying somewhere that this thousand is just for construction of new driveways or >> substantial reconstruction? >> I I think that's really important to do. I in this entire discussion, I only thought about new driveways. >> I I think that's the only $1,000. >> Yeah, I know. We went down a rabbit hole. >> We absolutely did. that [laughter] um I understand there are reasons and every driveway is a particular little universe but from my perspective [clears throat] on this discussion we were talking about new driveways and that was our changes that was our issue although there are so what about existing an existing gravel driveway that somebody builds up paves puts in a culvert do you not that I mean, maybe it shouldn't be $1,000, but do you not want that to go through the engineers? >> Yeah, that's that's what I'm wondering. What What does our our application say now? Does it say that to repave your driveway, you need to get a permit? >> Yeah, I don't know. >> I believe I'll check into that, but I believe so. But I think yes, you do. This just this review process is just as important in those instances because I've seen where they've just filled in the ditch line. They raised the driveway, filled in the ditch line, and put a driveway in. They never even put a culvert in where they should have. >> Maybe we could ask SFC to recommend some language on the permit differentiating. >> That's why I was changing line and grade. >> Yeah. When you read that, I I think my interpretation of what she said was, "If you go with the $600 option, instead of me doing a pre-approval, I will work harder with the applicants over the phone on emails to make sure that they understand and install it correctly." >> But it should be in writing so that anybody that goes in and looks at the permit application understands. They have that little schematic, but to most people, that little schematic doesn't really mean much. We need to say these are the requirements. It lays them out. I mean, it even includes >> the language of the RSA within the permit process. The problem is, Bruce, is that you're working with layman's. Okay. And layman's do not provide very good information or drawings when it comes to these particular applications. >> So, this thousand is going to take care of that. >> It will. Yes. >> But if somebody alters it, comes in on an old existing driveway and of course they're going to put some subgrade in, they're going to get a crown. Mhm. >> I'm going to pave it. That ought to require, I mean, always did require, at least on paper, required a driveway permit. >> Yes, I would agree. You're altering grade. You're altering drainage. That should require a permit. >> You know, but isn't this like a separate question? Anyways, go pertains to what the what the inspector is going to look at. >> Well, no, it's a separate question from from what we're seeking to charge. Yeah, if the planning board members don't even understand what the applicant >> that's why I think they should be separate. They should be separate. This is for new driveways, right? >> What's the difference? >> What is the difference that we were all worried about was in new development? >> That's the difference. We're addressing that. If we want to if we want to spend time over the next eight weeks and make the determination on how this should apply to existing driveways being altered and how we should change our permit, I'm happy to look at that. I'm always happy to look at anything. Um, and I am not shy to say if I think I can give you wording for something. If I think I can and it has to be an engineer, I'm gonna tell you I think it has to be an engineer. >> Well, I think an engineer would just understand what he what he was dealing with on the ground. I don't think he was >> um and that's I I understand that. I I think that we need to look at that has never until tonight that has never been a part of this discussion. >> I've asked that. >> I No. Yeah. Yeah. I I mean that is also we we have talked about that because we I remember talking about like walking around neighborhoods and seeing metal >> culverts and wondering >> how did that happen? >> So um so I I agree that this could be clarified and that we draw a line somewhere between what is >> I don't think it's true truly a you know not a a rebuilding of some kind. >> I don't think we as people know. >> Bruce, please. You're making me interrupt you. Um, we can we can we can make criteria. The criteria could be you're installing a culvert where there never was one. That could be it. Um, you're you're paving a driveway that currently is gravel and changing the driveway. Like, that's a major change. >> Well, I think we've always required that. We just haven't enforced it. Well, that it comes back to what I said earlier. We don't have the resources to be >> Well, I'm going to give you the resources to do that. >> No, no, no. That's not what I mean. I mean, having people with an existing driveway who call up a guy to come pave their driveway knowing that they're supposed to come and talk to Mark and fill out an application. >> No, no, no. >> Right. It's in >> somebody um to fill out an application. That's >> not a rule problem. That's a public education enforcement compliance problem. >> You really have an egregious situation down the road and it has to go to court. You know, the judge is going to want to see what are your what are your criteria? >> Yeah. Okay. I think we I will I I I know >> Let's do three things. >> Where >> one? >> Well, >> guys, let let's just take a pause because this is taking way too long. We've gone down many rabbit holes tonight. I would like to just decide tonight in its current form whatever it is voting for option one and then at a future meeting after Glenn's looked at it and we've all looked at it and Mark's looked at it decide if we want to split out like an improvement permit [clears throat] or something and maybe then we have a discussion about what that costs and what how do you define what that >> improvement could I know But I've heard objections tonight to charging that like how how is that defined? We can we can look at that closely [clears throat] before the next meeting. Um and the third thing is public comment. Linda Lambert, I just wondered on an additional perspective, why could you not ask the person submitting the permit to already have an engineer's drawings, opinion, rendering? I'm I don't know the language. >> You could, >> but why why couldn't you just put the cost directly on the homeowner >> to have that upfront so that you're not worrying about this cost being reimbursed or overcharged or >> Yeah. So, this is a this is a fee that does go to them and they do have the responsibility to submit everything that's needed for that application. >> Could it not be part of maybe I'm not saying it right. They already have to incur the cost on their own completely. They they have paid SFC or somebody else. I want a driveway. you come out, do the rendering, figure out the slope, the grade, figure out, you know, if I need a covert, this, that, and the other. And I have to supply that picture. Like you would have to have an architect do drawings before you build your house. And and they've already paid somebody to do that before they come. >> Yeah. We have a peer review process with a lot of our regulations to ensure that somebody else other than us volunteers have has you know looked at that and and made sure that it's being done correctly. And then we want somebody physically on the site because again we've had some problems with things not being done the way we >> I wasn't sure if if somebody came with drawings first that you could say yay or nay to before they're even allowed to move forward whether then the only fee we would have to incur would be someone going out after. Our legal advice though for the last quarter century or probably 50 years has been that the town any fees the town enforces or the town puts into play should be paid that money should be paid to the town and then the town pays >> vendor. I mean that's that was just legal advice. I'm going to throw one more wrench into the >> No. Um, yeah, I was just going to say too that we we want part of the process to be having somebody go out who's basically they're the applicant's paying the fee, but the engineer works on behalf of the town to ensure that we're protected and that the drainage is right and that our roads are protected and things are being done correctly. It's really hard based on experience to try to do something after it's installed [clears throat and cough] that was installed incorrectly. So, we're just trying to It does I know it's a it's a jump. I don't know when the $300 was set, but um I was just hoping that if the somebody could go to get the engineer ahead of time that they can shop. I'm going to pay, you know, this much or I'm willing to pay that much because I'll go to this engineer. This is a separate peer review process for the town. >> I'll give you an example. Here is one in Edgewater which the engineers spent a great amount of time creating this plan and charge the applicant money for creation of the plan. But yet I still have to pay an engineer to peer review it for this particular driveway. This this is one application from Edgewater and this is what they provide. So >> my last comment, I'm not going to ask Gwen for comment tonight, but in two weeks, three weeks when when we meet, >> thinking about authority, the planning board has clearly has authority to regulate driveways within subdivisions or site plans, not on not on state roads, but site plan for commercial business or residential subdivision on a on a new subdivision. The planning board has that right through the application, subdivision application or site plan review application to pass judgment on the driveways. The planning board really has jurisdiction on town roads that are not subject to planning board authority. So it was always the select board who would issue permits for town roads. planning board because they only have jurisdiction on the subdivisions of site plan would have the regulations there. I don't think I think there should be one uniform standard and if the select board's willing to go along with the process the planning board develops I think that's the best thing in the world but technically I don't think we have any authority as a planning board to enforce on on the absence of an application >> that is correct >> we have clearly no we have no authority but if we could help the board >> but the but the town has always held that Whatever standard we developed for subdivision as far as construction was suitable for a property >> separate from it would be that's just a nitpicky little thing. That's how it's always been. >> Yeah. And we don't want four different I mean I'm assuming like this this one or two applications that we have >> not four different >> work for everybody. Not four one two for the SL two for us. Do we did we >> we had a motion second and I'm about to make a motion to move the question if we're >> I have one more comment. This just just throwing a wrench in it. >> I would like to see a ditch option which would be four hours. This is six three hours of time or five hours of time. What about a $800 option per driveway permit? I that was >> I'm I don't I rarely do this, but I am just ready to move the motion tonight and if we need to >> they didn't offer us an $800 >> if we need and and it it'll it can fail. You all can vote no, but um >> but also part of the motion was to work with them. I have an answer if you want me to give it. >> No, I don't. I really [laughter] >> did we want to amend that with what Stephanie had said about being strictly new construction? >> I think for right now it's whatever that >> okay >> document says and then we'll >> leave it at that. >> We'll all Well, we we shall look at it and Glenn's going to look at it. >> And see if we need to separate out >> amendments. >> Where do we find that if we're looking for it? >> Reconstruction. Um, it's on the website. >> Yeah. Where where do you find the driveway permit? >> Yeah. No, where do you find the what is the document you're referring to? >> No, it's the driveway permit because it's got all the requirements listed. >> Yeah, it's on the website. >> On the website. >> Town website. >> All right. I'm going to call the vote. All in favor? nays. >> All abstain. >> Who was the nay? >> There were no One obsession. >> One obsession. Thank you. >> Did you vote? >> We're all exhausted. So, >> yeah, >> we should have a thermostat that just keeps going up as the night goes [laughter] on. >> I don't think that's a good idea. >> People can't take it anymore and we just >> can I answer? >> Um, jeez. So, we have we get two free books and we I do believe have some money in the budget to purchase more books. But if we don't all need physical books, then we don't need to order all of them. Uh so, hands. Who wants a physical book? >> One, two, and Nate wants one. >> Is there one in the office? Like, so I could come and see it as opposed to getting a home. >> Generally, both get one. Are those are two free copies? >> Yes, you get two free copies. >> Okay, so we want to order three. Nate wanted one. You wanted one. Doug wants one. Yeah, there's >> selected >> right also say one. >> I I think for them the blue book will suffice because all the changes are already in it. It's really the cover that's different color. my my my preference would be the digital version just because that's how I normally >> I'm going to stick with that and there will be a physical copy in here >> is that and if I have the blue one I'm probably okay >> but I would ask the ZBA chairman get a copy >> that's not perview it's good to have the most recent one >> easily available for refid hasn't changed >> I see you all brought yours this evening I was just pointing that out just show. >> I know where mine is. [laughter] >> And Mark, you said the covers. >> That's it. >> Yeah. I mean, they're all >> It's all online. Online. >> Okay. All right. >> So, four for free. >> Four. Four copies. Uh, ZBA, Bruce, Doug, Nate, plus the two free copies. >> That's a total of six, >> including the two free ones. >> And I thought Brett, didn't Brett say online one of them? I you know, I'll give them mine. >> I don't remember. >> I'm going to get seven >> emails. >> Seven books, >> okay? >> Because if you think about it, they're $12 each when you were going to pay $150, $200 or something like that if you wanted to buy it. >> So, it's okay to have an extra copier. It's money well spent. Only >> 12 bucks. >> Yeah. Yeah. I think if we buy them, they are really inexpensive. Yeah. It's not like you're throwing money away. >> I thought they were I thought they were 75. Doug, >> well, >> um I'll I'll make a motion. >> I'll make that eight. >> Um [laughter] I'll make a motion to approve the August 20th minutes. >> August 6. >> Oh, August. August 6th. Excuse me. Oh, on the agenda portion. >> Yes, the minutes are correct. >> Sorry. >> My apologies. >> We have a second. >> Um, any edits? wasn't here. >> Wait. >> Yeah. Four is just enough. >> Four is enough. Yeah. >> Just enough. >> So, it's four eyes and three abstensions. Who who was the other two abstensions? >> Paul Liz Len still. >> We have a motion to adjurnn. >> to adjourn. >> Oh yeah, that's fine. Was there anything else? I I I was just going to report that the the legislature overrode the governor's veto of the 10-year plan. We don't have to go too far into that tonight, but that happened and >> Oh, >> appreciate it. Okay. All in favor of adjourning. Hi. >> Hi. Microphone.