Planning Board Minutes - 2025-04-02

Town Of Durham Planning Board Minutes Fire Station Meeting Room, 6:30 pm April 2, 2025

1. Roll Call & Determination of a Quorum

In attendance: John Talbot (Chair), Juliet Caplinger (Vice Chair), Allan Purinton, and George Thebarge (Town Planner). Excused absences: Marc Derr, Brian Lanoie

2. Amendments to the Agenda: None

3. Acceptance of Meeting Minutes (March 5, 2025 & March 19,2025)

Motion made by Allan Purinton: To accept the minutes for both meetings as presented. Motion seconded by Juliet Caplinger: Votes to approve: 3 Votes to deny: 0

4. Informational Exchange on Non-Agenda Items:

a) Town officials (George Thebarge, Town Planner)

Mr. Thebarge gave the Planning Board an update on the codification project.

b) Residents: None

c) Non-Residents: None

5. Continuing Business: None

6. New Business:

a.) Review of a Private Road Maintenance Agreement for Blue Jay Way Map 2, Lot 35

George Thebarge, Town Planner summarized the applicant’s proposal to relocate the existing Blue Jay Way access from its current location on Pinkham Brook Road to another easement on the lot fronting on the main road to allow the creation of a new lot with road frontage and access meeting the requirements of Section 5.7 of the Durham Land Use Ordinance. Under Section 5.23, the Planning Board review is limited to the maintenance agreement for the back lot access approved by the Road Commissioner and Code Officer.

John Talbot questioned whether the applicant has full access rights to both easements.

Robert Puffer, the applicant, explained that both easements are called out in his deed.

Mr. Thebarge pointed to the certified survey plan as verifying the existence of the two easements.

Motion made by Juliet Caplinger: To approve the private way maintenance agreement for Blue Jay Way. Motion Seconded by Allan Purinton: Votes to approve: 3 Votes to deny: 0

b.) Request for Conditional Use Approval for Outdoor Seasonal Seating at 1252 Royalsborough Rd Map 7, Lot 113C

The Town Planner summarized the conditional use application to add seasonal outdoor seating, a use specifically excluded in the prior conditional use approval of the farm market. The Planning Board’s review under Section 7.1.B is limited to the proposed expansion of use and it cannot require changes to the prior approval unless warranted by the conditional use criteria consideration of the outdoor seating.

John Talbot disclosed that he has a secondary family relationship to a nearby property owner. Other Board members and the applicant consented to his participation in the application review.

Gary Goodrich, the applicant, explained the background information of the proposed outdoor seating, including the daily traffic into the site, the record of sales documented in his submissions, and the expectation that outdoor seating will not result in increased use or traffic. There are two proposed seating areas, one to the right of the entrance and one at the rear of the market. He may crushed stone for the rear seating, as opposed to the possible deck on the drawing. He indicated that seating for between 30 and 40 people would be adequate, except for the charity events he conducts.

John Talbot clarified that the application did not request conditional use approval for the community events and those were not included in the original conditional use approval. He proposed a limit of seating for 40 and indicated the applicant would need to come back with a separate application for the community events.

The Planning Board reviewed the draft findings of fact and made the following changes:

Page 3, Section 5 – Added a new finding j. clarifying that the approval did not include approval of the community events.

Page 4, Section 6.a – Added clarification that days of operation are Tuesday through Friday and Saturday

Page 5, Standards for Restaurants, Food Service, and Takeout Stands – Amended draft finding a. to limit seating to 40 and added finding e. to recognize that the current parking arrangement was previously approved by the Planning Board and no changes are proposed.

Motion made by Allan Purinton: To apply the single approval condition. Motion Seconded by Juliet Caplinger: Votes to approve: 3 Votes to deny: 0

Motion made by Juliet Caplinger: To grant conditional use approval of the outdoor seating for Replanova with the amended findings and approval condition. Motion Seconded by Allan Purinton: Votes to approve: 3 Votes to deny: 0

c.) Request for Amendment of the Bowie Hill Subdivision for a Lot-line Correction Map 10, Lot 38

The Town Planner summarized the request to extend the corner of Lot 13 approximately 90 feet to correct a rear setback violation. The Board has the option of only allowing the transfer from

Durham Planning Board Meeting Minutes – April 2, 2025                                               Page 2

excess open space of enough land to correct the violation or to allow expansion of the lot as proposed by the applicant.

Jonathan Lobozzo, the developer and applicant, explained that grade issues caused the building to be pushed back on the lot. The setback concern was raised by the contractor and the surveyor confirmed the violation. The excess open space allows the lot expansion, and the trail is not affected.

John Talbot questioned whether there had been wetland impacts based on the building relocation.

Mr. Lobozzo explained that there had been some wetland impacts due to access across the lot for demolition of the Parker Schoolhouse and the house construction impacted a bit more. He has filed for a DEP wetland alteration permit.

Motion made by Allan Purinton: To approve the proposed amendment to subdivision plan for the Lot 13 boundary adjustment. Motion Seconded by Juliet Caplinger: Votes to approve: 3 Votes to deny: 0

7. Other Business: None

8. Upcoming Planning Board Meeting

• Regular Planning Board Meeting, May 7, 2025, Fire Station, 6:30pm

9. Adjourn:

Motion made by Allan Purinton: To adjourn the meeting. Motion seconded by Juliet Caplinger: Motion carried: 3 – 0. Meeting adjourned at 7:45pm.

Durham Planning Board Meeting Minutes – April 2, 2025                                             Page 3