Madbury Commons- Sunday work - Temporary Waiver to Work Sundays Granted by Administrator ***Madbury Commons- Sunday work - Temporary Waiver to Work Sundays Granted by Administrator *** Michael Behrendt Sent: Friday, February 13, 2015 1:42 PM Attachments: Modification request for M~1.doc‎ (246 KB‎) To the Planning Board (and applicant and staff), Please see Todd Selig’s email below. Peter Wolfe has okayed placing the applicant’s request for a modification (attached) on the February 25 Planning Board agenda. Michael Behrendt Director of Planning and Community Development Town of Durham 8 Newmarket Road Durham, New Hampshire 03824-2898 (603) 868-8064 (phone) mbehrendt@ci.durham.nh.us www.ci.durham.nh.us From: Todd Selig Sent: Friday, February 13, 2015 1:04 PM To: Kenneth Rubin; David Kurz; Michael Behrendt; Tom Johnson Cc: Eamonn Healy; Barrett Bilotta; Peter Wolfe Subject: Madbury Commons- Sunday work - Temporary Waiver to Work Sundays Granted Dear Michael, Given Chief Kurz’s concerns about the implications of winter storm-related delays at the Madbury Commons project which he has reiterated to me with some urgency on at least three occasions on as many days, as well as the fact that there is universal agreement concerning the significant implications of the approximately 62+ inches of snowfall we have received in Durham over the last few weeks for all manner of things, under my authority as Chief Enforcement Officer of the Town of Durham and administrator for the Noise Ordinance, I am hereby granting a temporary waiver for Golden Goose to work Sundays at the Madbury Commons project, effective immediately, until such time as the Planning Board can take up the matter and discuss it as part of an upcoming agenda at a reasonable hour. I expect that Golden Goose will work closely with the Durham Police Department to ensure that church services are not interrupted and that noise issues do not create concerns for neighbors. Traffic to and from the site shall also be managed to the Police Department’s satisfaction. If these temporary conditions are not met to Chief Kurz’s complete satisfaction, the temporary waiver will be immediately revoked by my hand. This issue need not be a crises for either the Planning Board or the property owner. A winter such as the one we are currently experiencing is unusual and as such as Administrator I must be sensitive to Planning Board conditions, neighbors, potentially impacted citizens, the property owner, as well as valid concerns expressed by the Town’s departments. Buy my action the parties will have time necessary to work through these issues in a thoughtful manner. Once the Planning Board has had an opportunity to to revisit, discuss, and decide on the request, its determination will take precedent. Alternatively, if the Planning Board opts to allow the Police Department to manage this minor issue administratively, our staff can do so and at the earliest possible time, Sunday work will be administratively revoked as winter conditions warrant. Note that Durham is projected to receive another foot or more of snow this weekend. Please do not hesitate to contact me should you have further questions in regard to this or any other matter. Todd Todd I. Selig, Administrator Town of Durham, NH T. 603.868.5571 | www.ci.durham.nh.us --- From: Michael Behrendt Date: Thursday, February 12, 2015 at 1:41 PM Subject: Madbury Commons- Sunday work To the PB (and staff and applicant), Please see the email below, in regard to the modification requested by Madbury Commons. Michael Behrendt Director of Planning and Community Development Town of Durham 8 Newmarket Road Durham, New Hampshire 03824-2898 (603) 868-8064 (phone) mbehrendt@ci.durham.nh.us www.ci.durham.nh.us From: David Kurz Sent: Thursday, February 12, 2015 11:35 AM To: Michael Behrendt Cc: Todd Selig Subject: Sunday Work Schedule for Madbury Commons I wanted to let you know Michael that anything we can do that would enable Golden Goose to work on Sunday would be helpful from the police perspective. With the snow crisis that we find ourselves in, I appreciate that their work is behind. While I anticipate working with Golden Goose to determine timelines that would not have construction interfere with religious services in adjacent properties, I view this as a common courtesy and not a particular challenge. I cannot emphasis enough that from the police perspective, there are host of positive aspects to having their work completed on time and with that goal in mind, DPD has been working closely with the ProCon management team. I understand that the restriction for them not working on Sunday is Planning Board related as there is no prohibition regarding the noise ordinance. Had I the authority, it would my desire to provide them the mechanism to work on Sundays, with the caveat not during church services. If you have any questions or there is a desire for me to expand upon my encouragement, please feel free to contact me! Dave Kurz Chief of Police 603-868-2324