Planning Board Minutes - 2025-05-07

Town Of Durham Planning Board Minutes Fire Station Meeting Room, 6:30 pm May 7, 2025

1. Roll Call & Determination of a Quorum

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

2. Amendments to the Agenda: None

3. Acceptance of Meeting Minutes (April 2, 2025)

Motion made by Allan Purinton: To accept the minutes for the April Meeting as presented. Motion seconded by John Talbot: Votes to approve: 2 Abstained: 2 (Not present at meeting)

4. Informational Exchange on Non-Agenda Items:

a) Town officials: None

b) Residents: None

c) Non-Residents: None

5. Continuing Business: None

6. New Business:

a.) Request for Conditional Use Approval for a seasonal outdoor wedding & event venue at 335Newall Brook Rd Map 5, Lot 61

The Town Planner summarized the conditional use request for approval of a seasonal wedding venue. The use is not specifically listed in the Table of Uses and must fall within “other commercial uses not listed.” The applicant proposes use of an open field on the 47-acre parcel with access through an existing road entrance created with a temporary MDOT permit obtained for forest harvesting. That entrance aligns with a pathway through a wooded buffer between the wedding venue and Newall Brook Road. Mr. Thebarge recommended seeking clarification of the applicant’s intent to improve that pathway to make it suitable for two-way vehicular traffic. He also pointed to the potential need for a permanent MDOT permit for the driveway entrance. The Fire Chief sent an email indicating access for emergency vehicles would use the driveway by the house.

David Thompson, the owner and applicant, confirmed that the MDOT permit only covered forestry purposes. He will apply for a change to the proposed use. He said the only improvement needed on the woods road access is to fill in a couple of wet spots. He provided the Board with signed notices from all the neighbors.

Chairman Talbot proposed doing a public hearing on June 4 and suggested a prohibition on fireworks. He was good with the events stopping at 9:30 p.m.

Brian Lanoie asked for clarification of the applicant’s relationship to Castle Rock LLC and Mr. Thompson responded that it is a sole-owner LLC.

Chairman Talbot walked the Board and applicant down through the conditional use criteria of the draft findings of fact.

On the criterion of public health, Mr. Talbot asked the applicant who would manage the events to ensure that sanitation and other issues are addressed.

Mr. Thompson explained all management responsibilities would be on the event organizers and a contract would cover their responsibilities. It would only be on weekends with one event per weekend.

On the traffic criterion, Allan Purinton asked about the timing of the access improvements.

Mr. Thompson stated that he would pursue them if the Board grants approval.

Brian Lanoie asked for clarification of the maximum number of vehicles and whether that include vendors.

Mr. Thompson said the intent is to have up to 100 guests in 50 cars and vendors would be on top of that. He thought the vendors would set up before the guests arrived and they could enter through the house access. He only wants small and medium events.

John Talbot asked for clarification of lighting for the public safety criterion.

Mr. Thompson indicated he would install solar pathway lighting.

Mr. Talbot asked about the event staff who would be directing traffic.

Mr. Thompson said he would hire his daughters for that purpose.

Mr. Purinton asked about signage for the events.

Mr. Thompson said he was thinking about temporary signs and asked about the regulations.

Mr. Talbot directed him to contact the Code Officer for that information.

Under the criterion of environmental impacts, Mr. Talbot asked about erosion and sedimentation controls.

Mr. Thompson said the site work will be limited to stabilizing the staging area of the wood harvesting. He will do the work himself and will follow erosion and sedimentation control rules.

Under scale and intensity of use, Mr. Talbot asked about neighbors across from the proposed entrance in terms of potential headlight intrusion.

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Mr. Thompson explained there is no home across from the entrance.

Mr. Talbot asked the applicant to give a firm number for the maximum occupancy and Mr. Thompson said 50 cars and 100 guests would be the limit.

Under noise and hours of operation, Mr. Talbot again raised the issue of fireworks as the application mentioned them.

Mr. Thompson agreed to prohibit them.

Mr. Talbot informed the applicant of the need to notify the neighbors about the public hearing.

Mr. Lanoie suggested that the Board should apply the same restrictions as were imposed on Celebration Tree Farm and Events Center.

The Board was good on the applicant’s right, title, or interest and financial ability to conduct the proposed conditional use.

Mr. Thebarge suggested that the Board requires the applicant to submit the proposed contract to ensure event organizers carry out the conditional use requirements.

The Board tabled further consideration of the application until after the public hearing at the June meeting.

b.) Request for Extension of Bowie Hill Phase 2 Preliminary Approval Map 10 Lot 38 (Public comment will not be taken)

Mr. Talbot explained that the applicant’s representative, who appeared earlier in the evening, is seeking a 6-month extension of the preliminary plan approval while they are seeking DEP permits. He pointed to the facts contained in the Planner’s notes as the basis for the extension:

The Ordinance was amended in April of 2025, but no changes affect the prior preliminary approval.

The applicant as submitted a statement indicating the need for time is due to the delay in obtaining a site location permit from DEP.

Motion made by John Talbot: To grant a 6-month extension of the preliminary plan for Bowie Hill Subdivision Phase 2 based on the proposed findings with the prior approval conditions. Motion Seconded by Allan Purinton: Votes to approve: 4 Votes to deny: 0

7. Other Business:

a.) Planning Board Briefing on Codification Project

The Town Planner updated the Board on the status of the project. The consultant provided an editorial and legal analysis with 139 points of clarification needed. These are mostly grammatical and legal corrections, and Mr. Thebarge has proposed letting staff deal with those issues, thereby enabling the boards to focus on 13 minor policy issues that could be included in this round of codification. He will be meeting with the Select Board on May 27 to go over the consultant’s report and the proposed policies to be included.

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Mr. Talbot indicated that he anticipates the Select Board will give the Planning Board and other groups direction after that meeting.

Upcoming Planning Board Meeting

• Regular Planning Board Meeting, June 4, 2025, Fire Station, 6:30pm

8. Adjourn:

Motion made by Allan Purinton: To adjourn the meeting. Motion seconded by Marc Derr: Motion carried: 4 – 0. Meeting adjourned at 8:50 p.m.

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