From: Michael Behrendt Sent: Monday, November 06, 2017 1:31 PM Subject: RiverWoods - comments from Robin Mower To the Planning Board, Please see the comments from Robin Mower below. I inserted my responses below in blue. Michael Behrendt Durham Town Planner Town of Durham 8 Newmarket Road Durham, NH 03824 (603) 868-8064 www.ci.durham.nh.us From: RobinM [] Sent: Sunday, November 05, 2017 5:42 PM To: Michael Behrendt Subject: RiverWoods | questions, comments on draft Notice of Decision Greetings, Michael -- Please forward this email to the Planning Board for consideration as the public hearing continues. Thank you. * Members of the Planning Board, Please consider my questions and comments on the Planner's draft Notice of Decision, excerpted below. Thank you. 1) What happens if the RiverWoods project is built PRIOR to such NHDOT action as described in the Condition? What kind of enforcement / follow-up will there be? If they do not already exist, shouldn't baseline photos be taken BEFORE any construction on the project commenced -- even before any NHDOT notice of an impending cut? As we have seen in previous projects, such a baseline may prove a useful reference. 1. 20) Route 4 buffer. “In the event that NHDOT removes a significant portion of the tree buffer on the southerly side of the site, adjacent to the westbound exit ramp of Route 4, then the Planning Board shall make a determination as to whether the project building and/or retaining wall is significantly more visible. If the Planning Board makes such a determination, then the applicant will submit an evergreen planting plan for the area between the face of the retaining wall and the NHDOT boundary for the purpose of creating a tree buffer which will be similar, but not necessarily identical, to that which existing prior to when NHDOT removed the trees. Baseline photos, showing the tree buffer, once construction is complete, will be attached to these conditions of approval as part of the as-built package. Additional photos may be provided by the applicant to show the tree buffer immediately prior to the NHDOT cut. The Planning Board shall then review the planting plan and may accept comments from the tree warden and the public although no public hearing will be required. The applicant shall be required to install, it its own expense, the evergreen planting plan approved by the Planning Board. Planning Board approval of the plan shall not be unreasonably withheld.” [Attorney Somers prepared this language. I think that it meets the objective.] We should discuss this. * 2) Please add precision to the below Condition by replacing the words *dark-sky friendly*with *certified Dark-Sky Friendly* [note capitalization, referring to a proper name and the international organization's program; in my opinion, this wording should become standard in Durham's Notices of Decision] 36. 38) Light fixtures. All exterior light fixtures must be dark-sky friendly. Provide cut sheets of all additional fixtures, including building-mounted lights. Cut sheets have been provided for freestanding lights and meet the requirements. I will look into this. 3) Is this really the appropriate timing, i.e., should this meeting occur earlier? 55. 55) Energy checklist. The applicant shall meet again with the Building Official when the building plans are being prepared to review the energy checklist to see which specific items can be included in the building plans. Note that the applicant completed a checklist and met with the Building Official and a representative of the Energy Committee earlier as required. Most applicants, including Riverwoods, would not be willing to commit themselves to meeting certain objectives, at least those pertaining to the building itself, until they have a contractor hired and can prepare detailed building plans. So, I think this is the appropriate next step. 4) How does the timeframe of three years in this Condition coordinate with the zoning ordinance definition of DAMAGE (five years) and with Condition 82 (*in perpetuity*)? The landscaping guarantee is for 3 years but the requirement to maintain all pertinent aspects of the development is for the life of the project. This distinction is unavoidable as we cannot retain a guarantee for more than a few years. If the landscaping fails if would most likely occur within the first few seasons. If the landscaping fails in ten years or so then we would need to pursue other methods to get the owner to replant. Regarding the 5 years stated under Damage perhaps we should look at that. Perhaps it should match the 3 years or not give any time limit. I will make a note of that. 65) Landscaping Guarantee. The applicant shall post an acceptable surety to be approved by the Tree Warden/Director of Public Works (and the Town Business Manager for form) to guarantee the success of the landscaping materials. The guarantee shall be for a period of two three years commencing from the time the certificate of occupancy is issued or installation of the landscaping materials, whichever occurs later. If replacements of any materials are subsequently needed, as reasonably determined by the Tree Warden/Director of Public Works, within this three-year period then the applicant shall promptly replace those materials (subject to weather constraints). This guarantee and/or the other guarantees specified above may be combined at the discretion of the Business Manager. A cash deposit or letter of credit is an acceptable form. [The length of time in the Site Plan Regulations is actually three years.] Zoning ordinance—175-7. Definitions. LANDSCAPING – Some combination of planted, living trees, shrubs, hedges, vines, ground cover and flowers suitable for the climate, exposure and site condition. In addition, the combination or design may include earth sculpture, cobbles, bark, mulch, edgers, flower tubs, rock and such structures as fountains, pools, artworks, screens, walls, fences or benches, but such objects alone shall not meet the requirements of this provision. The selected combination of objects and plans for landscaping purposes shall be arranged in a manner compatible with the building and its surroundings. Specific definitions pertinent to landscaping, buffers, the Wetland Conservation Overlay District, and the Shoreland Protection Overlay District follow: Damage - Includes any intentional or negligent act which will cause vegetation to decline and die within a period of five (5) years, including but not limited to such damage inflicted upon the root system by the operation of heavy machinery, the change of the natural grade above the root system or around the trunk of a tree and damages from injury or from fire inflicted on vegetation which results in or permits infection or pest infestation. 82. Draft Notice of Decision for RiverWoods 82) Maintenance of project components. All elements of this approved site plan that are pertinent to ensuring the quality and effectiveness of this project, such as the landscaping, shall be maintained in perpetuity, for the life of the project, except where a modification/amendment is approved, or the subject element is considered by the Town to not be integral to the project. Regards, -- Robin Robin Mower Durham, NH 03824 Unless someone like you cares a whole awful lot, nothing is going to get better. It's not. -- Theodor Seuss Geisel, author and illustrator * * *