Planning Board Meeting ~ March 4, 2026

2026-03-04 · Planning Board · 45:23 · watch on YouTube →

The Planning Board met on March 4, 2026 with four members and town planner George Thebarge present. It held the public hearing on the preliminary plan for the Durham Heights subdivision at 439 Quaker Meeting House Road; no members of the public attended, so the hearing was opened and closed, leaving the board 30 days to decide, with the decision due at the April 1 meeting unless the applicant agrees to extend. The rest of the meeting was spent on the land use ordinance codification, where the board directed that deleted text be shown struck through rather than merely noted, and worked through the schedule leading to town meeting. Members were reminded that the last chance to change the amendments is the March 18 public hearing, after which the select board approves the final versions on April 14 and the town meeting vote is up or down with no amendments from the floor. The planner also reported that the agriculture committee has deferred its definition work, that the town has received a grant for an economic development study, and that three subdivision or pit applications may come forward next month.

What was discussed

1. 0:18
   Roll call, minutes and agenda

   Four members were present, making a quorum. The February 4 minutes were accepted as presented, with members complimenting their thoroughness. The chair moved to strike continuing business item B, a subdivision discussion, because no new information had been received.

2. 0:18
   Town planner's report

   George Thebarge reported the agriculture committee has agreed with the select board to hold off on amending definitions, recognising that the standards must be dealt with alongside them, and will work through a public process over the coming year. In the interim it is asking the select board for relief on the fee schedule for high wind tunnels and temporary greenhouses, which are currently treated as commercial structures with substantial building permit fees. He also reported the town has received the grant for the economic development study and the town manager has signed a contract with the state, with the Greater Portland Council of Governments leading the work once it starts after town meeting.

3. 5:27
   Public hearing on the Durham Heights preliminary plan

   The chair opened the hearing on the preliminary plan for the Durham Heights subdivision at 439 Quaker Meeting House Road, map 2 lot 60, with StoneX Construction LLC as applicant and Sightlines as owner's representative. He read the procedural script, including that the hearing is not a forum on broader town policy, that the board's authority is limited to whether the application meets the adopted subdivision standards, that questions go through the chair, and the ordinance definition of an aggrieved party.

4. 10:28
   No public comment received

   Nobody from the public attended, and after a short wait the board voted to close public comment. A member asked whether written comments would be made available to the board and was told they would be, as has happened before. There had been comments from the conservation commission but no written testimony from residents.

5. 10:28
   Decision deadline

   The board has 30 days from the public hearing to decide on the preliminary plan, running from the original 60 day application clock, so a decision is due at the April 1 meeting unless the parties agree by mutual consent to extend. The deadline for the applicant's materials is March 25. The applicant was asked to say as soon as possible if an extension is wanted.

6. 15:48
   Codification: showing what is being deleted

   The chair had asked why some sections simply say a definition or section is deleted without showing the original text, since a phrase being removed might belong elsewhere. George Thebarge explained the deletions are mostly leftover historic district definitions from the programme repealed last year, and duplicate severability and penalty provisions carried over from separate ordinances such as gravel pits and mobile home parks that were folded into the land use ordinance. He offered three options; the board asked that the removed text be shown struck through, consistent with the rest of the document.

7. 15:48
   Scope of the codification draft

   George Thebarge said the consultant originally raised about 140 items, of which roughly 40 overlapped with the board's minor policy issues and were pulled out, leaving about 100 largely editorial changes. Some concern flood plain management, where the consultant compared Durham's wording with the current state model required for eligibility for the national flood insurance programme and flagged the differences, including provisions for RV parks that were never picked up.

8. 21:12
   Schedule to town meeting

   A public hearing on March 18 will cover the minor policy issues, the administrative changes and the codification in three parts, each with comment taken separately. That is the board's last opportunity to recommend changes to the select board, which approves the final versions on April 14, after which the warrant articles go into the town meeting report. A further legally required public hearing follows on May 20, at which no changes can be made, and the town meeting vote is up or down with no amendment from the floor.

9. 26:49
   April agenda

   Members confirmed that land use ordinance amendments will not appear on the April 1 agenda, since there is no window for further changes after the select board's April 14 vote. The board will announce at its March and May meetings that the required public hearing is on May 20. George Thebarge said he expects to give a short presentation on the warrant articles at town meeting and answer technical questions.

10. 32:07
    Definition of structure and fences

    Juliet Caplinger raised the consolidated definition of structure at change 42, which for the purposes of Article 14 shoreland zoning is taken word for word from the state's Chapter 1000 guidelines. She noted that although the definition covers anything built for the enclosure of persons, animals or goods, it goes on to say a fence is not a structure. The practical effect confirmed by the board is that a fence needs no building permit and is not subject to setbacks.

11. 37:15
    Flood zones and the table of uses

    George Thebarge explained that zone A is the 100-year flood plain where no elevation has been established, and zone AE is the same regulation where an engineered study has fixed the elevation; the distinction usually surfaces when someone seeks a mortgage and needs an elevation certificate. He said zone A does not belong in the table of uses because it is a flood plain rather than a zoning matter. Members agreed the table of uses needs a global review in a later round, noting restaurants had standards but no listed use, and that categories such as kennels and doggy daycare are outdated.

12. 37:15
    Flood plain review of bridge replacements

    A member asked whether the road commissioner considers flood plain issues when replacing a bridge, giving the Swamp Road crossing over Meadow Brook as an example. George Thebarge said the town would normally hire an engineer for such work, with the state reviewing and approving, and that larger crossings involve DOT, DEP and possibly the Army Corps.

13. 42:27
    Adjournment and what is coming

    The board adjourned after about 40 minutes and was warned the April agenda could be full. Greystone Ridge has preliminary approval and is with the state, Durham Heights returns for a decision, Ivy Ridge (?) is filing its application, and Crooker Realty is filing a conditional use application to reopen the Jackson Pit on Cushing Road, which the applicant claims was grandfathered with DEP.

What was decided

• 0:18
  Accept the February 4 meeting minutes as presented.passed
• 0:18
  Amend the agenda to strike continuing business item B, a subdivision discussion, because no new information had been received on it.passed
• 10:28
  Close public comment on the Durham Heights preliminary plan application, no members of the public having attended.passed
• 15:48
  Board directed the town planner, without a vote, to show the deleted text struck through in the codification document rather than simply noting that a section is deleted.passed
• 26:49
  Board agreed that land use ordinance amendments will not appear on the April 1 agenda, since the March 18 public hearing is the last point at which changes can be recommended.passed
• 42:27
  Motion to adjourn.passed

An outcome reads "unclear" where the recording does not state it plainly. The recogniser drops short words, and "the motion does not carry" is one missing word from its opposite.

Worth knowing

• 10:28
  Nobody attended the public hearing on the Durham Heights preliminary plan. The board now has 30 days to decide, so the decision falls at the April 1 meeting unless the applicant agrees to extend, with materials due March 25.
• 21:12
  The March 18 public hearing is the last point at which the land use ordinance amendments can be changed. After the select board approves the final versions on April 14 the wording is fixed, and the town meeting vote is up or down with no amendment from the floor.
• 42:27
  Crooker Realty is preparing a conditional use application to reopen the Jackson Pit on Cushing Road, across from the wood processing yard, claiming it was grandfathered with DEP. Three subdivision applications are also in the pipeline.
• 0:18
  The agriculture committee is asking the select board for relief on permit fees for high wind tunnels and temporary greenhouses, which are currently charged as commercial structures. Its wider work on agricultural definitions has been deferred for a year so the standards can be developed alongside them.

Motion language found in the transcript

Located by pattern matching, with no model involved: "I move that", "I'll second", "all those in favour". This is an independent check on the summary above: 1 passage of motion language, against 6 decisions summarised.

Elsewhere

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