Planning Board Minutes - 2025-10-01

Town Of Durham Planning Board Minutes Fire Station Meeting Room, 6:30 pm October 1, 2025

1. Roll Call & Determination of a Quorum

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

2. Pledge of Allegiance

3. Amendments to the Agenda: None

4. Acceptance of Meeting Minutes (September 3, 2025)

Allan Purinton noted that the vote on Item 7.a was incorrect. There were no abstentions.

Motion made by Allan Purinton: To accept the minutes for the August meeting as amended. Motion seconded by Juliet Caplinger: Votes to approve: 5-0

5. Informational Exchange on Non-Agenda Items:

a) Town officials: The Town Planner provided his monthly report and answered questions about the proposed South Durham economic development district, the grants that could support it, and the need for a citizen committee if it moves forward. The Select Board supports focusing on this part of Durham because of the specific opportunities there and the need to begin to build the non-residential tax base quickly.

b) Residents: None

c) Non-Residents: None

6. Continuing Business:

a. Public Hearing on Conditional Use Review of a proposed Bulky Waste Pick-up Company at 28 Soper Rd., Map 4, Lot 97

Matthew Moorhouse appeared as the applicant to answer Board questions. He presented the Board with certified mail receipts from additional abutters and signed copies from others.

The Town Planner quickly checked the documents against the Town website and indicated they seemed to include all abutters.

Board members expressed concern that the additional requested documentation that included a more detailed site plan and proof of right title or interest were not submitted before the meeting to give the Board time to review the submissions.

Mr. Moorhouse stated that he thought the site plan in the original application was acceptable. He brought a copy of a deed that documented BWP LLC’s ownership of the property.

The Board majority indicated that it was unwilling to review the application without some detailed indication of what portions of the property would be used for the proposed business.

Juliet Caplinger asked for clear indication of the Resource Protection District on the property.

The Board discussed the required timeframe for making a decision on the application and indicated its position that it had not received a completed application. Upon that determination they have 60 days to make a decision per the Ordinance.

To accommodate the applicant, the Board agreed to hold a special meeting on October 15 provided the applicant submits the requested detailed information by October 8th.

Motion made by Allan Purinton: To table the application and schedule a special meeting on October 15 provided the applicant submits information by October 8. Motion seconded by Brian Stickney: Votes to approve: 4-0 Votes to deny: 1

7. New Business:

a. Review of a Maintenance Agreement for Cedar Drive at the end of Hemlock Drive, Map 7, Lot 6 Heather Roy presented the application for StoneX. The applicant has worked with staff on preparation of a road plan meeting all Ordinance requirements.

John Talbot read through the maintenance agreement requirements of Section 5.24 and the Board determined that the draft maintenance agreement meets the requirements. Motion made by Allan Purinton: To approve the maintenance agreement. Motion seconded by Juliet Caplinger: Votes to approve: 5 Votes to deny: 0

8. Other Business:

a. Planning Board Discussion of Public Review Process for Draft Land Use Ordinance Amendments

The Town Planner summarized the framework of the proposed minor policy issues and the administrative changes. The editorial and legal analysis and codification will be a separate warrant article, but it will be included in the list of administrative changes for the public informational meetings. He previously sent the Board copies of the summary sheets for the administrative items and would distribute the summary sheets for the minor policy items at this meeting for review and discussion.

Juliet Caplinger questioned a few items in the editorial and legal analysis responses related to floodplain management and groundwater studies.

Mr. Thebarge presented the summary sheet for back lots and private ways. The proposed minor policy change is to split the provisions for single back lots from the ones for multiple back lots and to move the latter to the section on approval of private roads, which will be retitled “private ways.” The Code Officer will review single back lots per current practice and the Planning Board will review private ways, including the plan and maintenance agreement.

Durham Planning Board Meeting Minutes – Oct 1, 2025                                                Page 2

The Board discussed the required driveway and roadway widths with the Fire Chief. The Fire Department can accept the proposed 16-foot width for a single backlot driveway, but the Chief does not want responsibility for approving the construction of private ways.

The Town Planner clarified that the sign off is only for single back lots and only covers ability of the Fire Department to access buildings on the single back lot.

The Board discussed the basis for requiring 5 acres for a back lot and only 2 acres for lots on a private way. The Board recognized that the 5-acre back lot is a long-standing policy and that 2- acre lots on a private way are necessary to support the cost of road construction. The Board favors presenting the draft amendments to the public as proposed.

The Board reviewed the proposed elimination of water cisterns as a subdivision water supply with the Fire Chief and agreed that they should be eliminated per the problems noted by the Fire Department. The Board went on to discuss the pros and cons of fire ponds and sprinklers and concluded that the draft amendments should offer the equal options installing a new fire pond, using an existing pond or stream, or going with residential sprinklers. Juliet Caplinger noted the typo in subsection 2 of the draft amendments (delete “For” at the beginning).

The Board reviewed the summary of changes to the noise regulations. Three classes of use (residential, agricultural, & commercial) will be added to provide more reasonable and enforceable standards. The Board discussed adding a specific exemption for fireworks but felt that issue needs to be researched before doing so. The terms “impulsive” and “intermittent” should be defined.

The Board directed the Town Planner to add a resubmission deadline of 2 weeks to the proposed changes in Planning Board application deadlines.

The Board chose October 22 and November 12 as the tentative dates for the public information meetings. A third meeting can be discussed based on results of the first two. The goal is to have a recommended set of Ordinance amendments to the Select Board by the end of December.

9. Adjournment

Motion made by Alan Purinton: To adjourn the meeting. Motion seconded by Juliet Caplinger: Motion carried: 5 – 0. Meeting adjourned at 8:46 p.m.

Durham Planning Board Meeting Minutes – Oct 1, 2025                                                Page 3