Planning Board Minutes - 2024-08-07

Town Of Durham Planning Board Minutes Fire Station Meeting Room, 6:30 pm August 7, 2024

1. Roll Call & Determination of a Quorum

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

Absent (excused): Tyler Hutchison and Anne Torregrossa

Guest(s): David Berringer

2. Amendments to the Agenda:

The Board will add future meeting(s) discussion to the agenda.

3. Acceptance of Meeting Minutes (June 5 & July 10, 2024)

Allan Purinton moved to accept the meeting minutes for June 5th and July 10th with the correction on Marc Derr’s spelling of his last name. Brian Lanoie seconded. Motion carried 5 – 0.

4. Informational Exchange on Non-Agenda Items:

a) Town officials (George Thebarge, Town Planner)

• Code Officer has issued his monthly report, to date, there have been six (6) new single- family homes built in Durham in 2024 and four (4) accessory dwelling units have been added in 2024.

• The Codification Project to transform the current Land Use Ordinance from a hard copy into a digital format. The Town Planner has received the new framework and the company is trying to reorganize it in a more consistent standardized arrangement of provisions.

• The Selectboard has appointed a Steering Committee for the community facilities visioning process and GPCOG staff is helping to update the scope and timeframe and will meet with the committee in August to get the committee started for the month of September.

b) Residents: None

c) Non-Residents: None

5. New Business:

a.) Completeness Review of Preliminary Plan Application for Proposed Phase 2 of Bowie Hill Subdivision, Map 10, Lot 38

The applicant asked to be extended until the September 4th Planning Board Meeting.

Allan Purinton moved to grant the applicant an extension until the September 4th Planning Board Meeting. Brian Lanoie seconded; motion carried 5 – 0.

6. Other Business:

a.) Planning Board Discussion of Land Use Policy Issues for Next Town Meeting

At the July 10 Meeting, the Planning Board reviewed four options for addressing battery energy storage systems:

1.   De facto prohibition using current conditional use criteria;
2.   Express prohibition;
3.   Draft regulations to address safety concerns; or,
4.   A temporary moratorium to develop a response.

• The Planning Board indicated its support for presenting Options 2 and 4 for public input during outreach this fall.

• The Resource Protection working group will review the detailed research on buildings in the RP District on July 31st. Three options to grant property owner relief are under review:

1. Remove all areas designated by Beginning with Habitat as “developed areas” from Resource Protection;

2. Create a 250-foot “development buffer” around existing buildings to allow expansions without Board reviews; or,

3. Create a 100-foot “development buffer” around existing buildings to allow expansions without Board reviews.

• The Select Board will be meeting with the Historic District Commission on August 13 to establish direction for update of Durham’s historic preservation regulations.

At tonight’s meeting, the Board discussed the possibility of working on a moratorium.

Statutory Authority for a Moratorium - A moratorium is a land use ordinance or other regulation approved by a municipal legislative body that temporarily defers all development, or a type of development, by withholding any permit, authorization, or approval necessary for the specified type or types of development. 30-A M.R.S. § 4301(11). A moratorium is normally adopted by a municipality to give municipal officials time and the opportunity to plan for accommodating or managing development that has been previously unregulated by the municipality. Development moratoria are specifically authorized by 30-A M.R.S. § 4356 and subject to certain requirements set forth in the statute. These statutory requirements are express limitations on municipal home rule authority. Perkins v. Town of Ogunquit, 1998 ME 42. Therefore, any development moratorium ordinance must comply with these statutory requirements. Municipalities generally have no other legal alternative for temporarily halting development for which they may be unprepared.

John Talbot moved that the Planning Board has decided that the way to go forward is a moratorium and as of today, August 7, 2024, we will provide a formal request to the Selectboard no later than the first Selectboard Meeting in September (September 10, 2024) for formal endorsement of that proposal. Juliet Caplinger seconded; motion carried 5 – 0.

7. Adjourn:

Durham Planning Board Meeting Minutes – August 7, 2024                                               Page 2

Allan Purinton motioned to adjourn the meeting. Juliet Caplinger seconded; motion carried 5 – 0. Meeting adjourned at 8:00 pm.

Durham Planning Board Meeting Minutes – August 7, 2024                                       Page 3