 I'm going to call the meeting to order. It's a regular schedule meeting in the town of Berlin Development Reboard. I have one item I agenda tonight. That's application by Henry Yu, Inc. to do a subdivision. Subdivision would be off of Wander Road. Wander Road. And do we have anyone here that's interested in this application, like besides the applicant? If not, they do start by swearing in the applicant and the zoning administrator. Swear to tell truth. If that's about truth, imagine before this board tonight. I do. I do. I do. Chip? Yep, I do. Yes, I do. Yep, thank you. So we've heard your application with regard to this site before, but not for subdivision. This is a two-lot subdivision, Chip. Yes. Is there anything else you want to tell us about it? No, it's just for a lot for a house. And it's just a subdivision off a contiguous piece of land that we own, and that's about it. OK. Questions by the board? Just for the record, it's 1.5 acre lot that they're looking to take off of a larger piece. And the minimum lot requirement for this subdivision, for this district, is 40,000 square feet, right? It is top. It is top. OK, yes. OK. Yep. Yep. Yeah. Wasn't really a question. Sounded like one, though. Well, I was checking to see if he was here. All right. Well, I figure we're going to go through the criteria anyways. Yeah, we are. Hold another story, but the criteria here under subdivision standards, Chapter 350, are different than the standards that they refer us to at the end of administrative procedures for subdivisions. But that's beside the point. We're going to go with the Chapter 350. Sounds good. Com, do you have any comments with regard to this application? No, I do not. OK, let's go through the criteria. Chip, did you have anything to offer besides what you submitted, which was your application on the site plan? Yeah, no, just off that property for a house for a family member. OK. Nothing terribly exciting. About the only question I have for you, Chip, is, well, I have a couple of questions, but the one that's most pressing for me is, you've looked at 20-foot buffer behind between the back of that property and the property number one. Is that just to connect the two properties or what? Yes. Yes, to keep them together. If it ever came down to it, I guess, in a way later, if there was ever an issue, we could do a boundary line adjustment. So it's just to keep it as a two-lot subdivision. As opposed to three-lot. Right. Yeah, the 20 feet you have left back there really is not enough for a right away. I mean, it is legally a right away width, but I think in terms of a road back there, that's pretty marginal. Yeah, no, to be honest, never planned on making it a road or a right away at this point. It's all owned by the same group for less of a lack of a better term. All right. So capabilities, community facilities, and utilities? Yeah, it shouldn't be, I said, it's, I guess, an average size home. It will be connected to the municipal sewer. And not sure at this point whether we will try to see about moving the town water down Warner Road or not. I haven't had a lot of positive feedback from the neighbors, whether they'd want it or not. So at this point, probably a drilled well. And there's a green mountain power pole right there. So shouldn't really tax anything. Hopefully it'll add to the number of students at Berlin Elementary. Mr. Chair, they have received a wastewater allocation from the Berlin Public Works Board. All right, thank you. And I'm not familiar with Warner Road. Is that paved or not paved? Not. Gravel, gravel, OK. Yeah, I've talked to the road commissioner about whether we need a culvert or not. And he basically talked about, depending on where the driveway is, we may or may not. And he would, whoops, I keep covering that camera, sorry. He'd let me know what he thought when we got further along into the building part of it. Chip, just to remind you, you'll will need a curb cut permit from those. Yeah, yeah, absolutely. I'm going to go through these unless people have questions on the subjects. I think this is pretty straightforward. Suitability of the land? Yeah, it's fine. Not subject to flooding? No, no. If it is, we're all in trouble. Yes, certainly. The criteria and design and configuration of partial boundaries really is more aimed at multiple lot subdivisions. Does anybody have any questions in regard to a lot of arrangements or a lot of dimensions or building envelopes? I have one question. Our criteria do require that your application indicate what the building envelope would be. You do not show a building envelope on your subdivision. In this case here, we're assuming that the building envelope will probably be the setbacks, unless there are restrictions on the property like wetlands or riparian restrictions. Right, no, there's no restrictions as far as that go. And I thought we had done one with a house drawn on it, but that may have been something else I submitted that showed the potential where the house was. It's well inside all the setbacks. And there's really nothing on either side, front or back, close at all to it. OK, but it is missing from the drawing. It's supposed to be on the drawing according to our bylaws. OK. Yeah, I will get one. I did not look at your initial application with regard to the house site. So I don't remember if there was an envelope on that or not, Jim. Well, it's the last time. Yes. About this, but I don't have it still. So. Yeah, I will have that added when we get. Well, I can have Chase add that on. That's no problem. And just for the record, those that that drawing was submitted, it was never made part of the record, because the last time we were just talking about the change of views. OK, yeah. So we will most certainly make that a condition of this permit that you have the ability envelope shown on the drawing. Yeah, absolutely. Yeah, to be honest with you, I didn't even notice that it wasn't there. Yeah, it's not a big deal. The design layout of necessary improvements are no roads, there's no bicycle pedestrian facilities, no water and wastewater facilities, because while there's going to be water facilities, we need to go well. Correct. Right. Or the town, as I said, I'm not sure about that. At this point, I would assume a well. OK. Landscaping. Hopefully lots of grass, fewer dandelions that are then are at my house right now. And to be some trees, there'll be, I think, some pines planted and maybe some apple trees on the back. Not entirely sure, but something along those lines. The back of the lot is mostly trees right now. Is it not? Yes, sir. Stormwater management is probably not applicable. I look through construction maintenance of necessary improvements. And I don't see that being relevant. Character of the area. Yeah, it's mostly houses. So it pretty much fits in. It's obviously in an area that is designated for other uses. But right exactly where that house is, there's a house across the street. And then the next one down is my brother's house. So it's pretty much just pretty much what's there. And my parents' house is just up the road a little bit. I thought it back. Isn't it back onto other residential areas or something? Didn't we talk about that last time? Yes, there's, like you said, kind of, let me think, north of it towards Airport Road is where Steve's was, but he's not there anymore or the Rue House, but my parents' house. And then across, like I said, right across, directly across Warner Road is the pastor's house for the church. And then the next lot is my brother's house. So it's mostly houses. Wow, yeah, mostly houses, I guess. And the next house, the next property up is, oh my goodness, I can't think of a name. The Kelly's on Colage Trail. So pretty much what's there. There are some, there are other uses, but about average, I guess. Kelly's have a residence there, do they? Yes, yes, the Red House is, or somebody's in it. I'm not sure exactly who it is, but. And Paulie, the property that is just north of this is zone Rural 40. So that's, I think that's what you were thinking about being a residential. Yeah. Oh, is it really? Yeah, I mean, the back lot line borders Rural residential. No kidding, I didn't pay attention to that. No. Soil preservation that speaks to how you do your work doesn't, not necessarily a criteria. And the other last criteria is conformance with these regulations. We already agreed that residential use and light industrial could be permitted that was accomplished our last meeting. So otherwise, if you meet the setback requirements you can perform with these regulations. Okay. The actual application for the residence will go to the zoning administrator who will determine whether or not it does, it does not meet the standards. Are there questions by board members? Tom, you have any comments beyond this? No, sir. I really hate to close in five minutes, but. Okay. Five. I got a piece of meat in there calling to me. Carla would be proud of me, you know. It's 7.15, Bob, it's more than five minutes. All right. I'll make a motion to close the hearing then. Okay, John, most by John, second by Pollock, does she beat to her? Structure that motion. All those in favor of that motion, please think about by saying aye. Aye. Aye. Opposed? Hearing none opposed, the motion carries. And this hearing is closed. Thank you very much, Chip. Thank you. Thank you. And I will get that coffee change. So you said I'm not sure why it wasn't on there, but I will remedy that tomorrow. Tell Billy knows better. No kidding. Really. Well, very well, hey, thank you so much and everybody have a nice night. Have a good day. Bye. We have one more item of public interest in which is the approval of the minutes of May 4th. So we saw those, right? We saw them. I reviewed them. Polly, I believe you and I both commented that they looked good. Yeah. So I'll make the motion to approve the minutes of May 4th as written. All right, I'll second. Second. We forgot to repeat you. Ah, that's what it is. Most have been made and seconded. Is there a discussion of that motion? Any comments on those minutes? Hearing none, all is aware of that motion. Please think of everything. Aye. Aye. Aye. And those opposed. The minutes are approved as written. Does anyone want to go into a little procession with regard to this application? I don't see a need, but. I don't either. If there's no one that needs to do that. I think Christy's obviously not on, but she's going to see the minutes on Orchard and also you're recording them, Tom. I think it's pretty straight. Very straight forward. Yep. Yes. Can we, can I ask a question? Go, Carla. It's not about this application. I want, I'm curious in regard to residential lighting, how do we determine how strong, how, what a light, what lights are covered under the regulation? Because it's a certain camera, what we call it. Is it lumens or? Well, lumens and downcast and all that other stuff. Tom, have you been copied on all those correspondence? No, but I did. I was excited to know when I didn't. I'll send it, I can do that. But I'm just wondering how we determine if it's if it's within our jurisdiction. Tom, you really is the first to ask that question. Tom, what, what, what lights are within our jurisdiction for new bylaws? I think the first thing is new lights, right? Anything that was there before these bylaws were in place. Really, there's, we have no jurisdiction over. I don't think we do it. I think they would be grandpa there. I think that was discussion last time. And this light is, I think, well, would be well below the lumens issue. It's a it's a it's a residential standard light. The other light was a commercial standard light. I haven't measured it. I'm just what I'm trying to what I've tried to do is is is reach out to the neighbor who was very helpful to resolve the first time around because I just never had any luck with with the sibling or the child that's named with with with mom just to get that we try to get resolved. I wasn't doing it from a zoning standpoint. I was just trying to help somebody out with a light. No good deed goes unpunished. And so so when I asked the neighbor who was being offended, I said, well, can't you just call your neighbor and ask him to turn the light off? And she said, no, she's not allowed to talk to them for whatever reason. Sounds like a lovely situation. You can see the state of affairs that's here. So my I correct me if anybody here if you think I'm wrong, but my cut at it is it's not a new light. It's not been installed since the adoption of these ordinance. I don't know that this lights been adopted since the prior ordinance. So unless there's evidence presented that says this light is new newly installed, which was the case with the other light. It was a change over in lights. We have no jurisdiction. If we did, I could provide you 1,000 just like this. I got some all over the place around me that just literally shining in all kinds of directions not supposed to be, but they're pre-existing. Right. And you know what? There are curtains and shades and things like that. Can't quite hear you, Polly. There are curtains and shades available if somebody. Yeah, but that's really not the issue. I think the issue is do we have jurisdiction? And the reality is the the Army does not have jurisdiction at all. Well, it's not. We do not administer the regulations. Only one person ministers regulations and that is the zoning administrator. And it well, if it was an appeal of a decision, that'd be one thing, but it's not. It's not. She's asking us to direct the zoning administrator to do something. The zoning administrator is a separate party, represents a town, and does not, you know, other than the fact he's helpful, does not work for us. And I did respond with that message that I certainly don't have the authority to tell the zoning administrator what to do, because it was directed at me. So I responded in that regard. But anyway, I just wanted to, because that was my thought, too, is that we just don't even have, the DRB doesn't even have any jurisdiction in this matter. So. But if the question is, does the town have jurisdiction? Well, she can ask the zoning administrator, but the reality is, is we understand the ordinance. It's really only things that have been built new or revised since the ordinance that fall under this ordinance. Yeah. OK. That's what I tried explaining. But I also said I would try to reach out and to folks who are helpful with me in the last time. But I have not been able to find that individual. And I haven't either, Tom. OK. So, all right. Well, that's enough, I think, at the meeting. I just wanted to raise the issue, because I feel like it needs to be addressed in some manner. That, you know, the email. So anyway. Yeah, that's that's how I understand the laws work. And I'm guessing I agree. Nobody disagrees. Is there anything else to come before this board tonight? I would just like to remind folks that on the next meeting is June 15th, and it'll be a pretty enough full meeting. There may be various sides that may be controversial. So I'm just letting you know that. Just one application, right, Tom? That's correct. And I have not read the paper today. So I don't I saw the headline, but I did not take the time to read it. So I have no idea. This is the Good Samaritan thing. Yeah. That's our next hearing. Oh, and and you're not going to be here. Right, right. I just wanted to make sure you received the email. OK, yeah. Have you reached out to Josh? I have. Yeah, I sent I sent him the paperwork. Good. And you guys should all have gotten that one in the mail. I did get that in the mail. Is there supplemental filings or just a newspaper report? I haven't seen the newspaper, Bob. So I don't even. Yeah, I didn't know. Is this the Times Argus? Yeah, Times Argus article today. I know the select board met last week on it. So that's probably what generated the Times Argus report. Yeah, again, I've not read it because it wasn't top of my list. But OK, so we do have some instant parties, Tom. I believe there will be, yes. OK. On that application, not to get ahead of ourselves, there's no LOI yet, right? We have a letter from BTrans stating that they is their opinion that the LOI would be issued prior to the 15. So it's not in hand yet. OK, so in other words, we have no LOI. Correct. Will we have it by the meeting, you think? That's what they said they would do. Yes. Yes. Thank you. Yeah, I didn't quite hear you. Has the property changed hands already? It's they have an option. Let's not get ahead of ourselves because it's not a formal hearing, guys. Just curious. OK. Yeah, I just. If there's nothing else formal, because it was for tonight, I would. Formal, because it was for tonight. I would continue the motion. I move that we adjourn. I'll second. Motion made by Paul is second by John. There is no discussion. All those in favor of that motion, please think about by saying aye. Aye. Aye. Thank you very much. Good job. Yes. Thank you very much. The recording has stopped. Bye. Have a good evening, everyone. Have a good evening. Bye.