TranscriptPublic Hearing: Proposed Land Use Ordinance Changes ~ May 20, 2026

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We're good. back on again, which I already did. Fixed it. Cool. That's all you need. It's clinking now three times. Okay. Welcome to the um May 20th, 2026 Durham Planning Board meeting uh regarding the um enhancements to the land use ordinance and what will be presented to the uh to the public and town residents at the um June town meeting. Um we've had three prior meetings um uh October 22nd, November 12th, and March

18th. And um our statemandated meeting tonight uh was it 2 weeks or 3 weeks before I how far out we are? It can be what I understand is no more than 30 days in advance of the town meeting and no less than 7 days. Okay. So this meeting uh meets those statemandated requirements uh for public notice. Um the select board um um

approved the uh uh updates or um proposed updates and the format for um town meeting um the articles. Um no changes can be made at this time. So this meeting is really just to let everybody know um where we're at and uh to invite public comment. Um

part one u minor policy changes um part two administrative changes and part three uh codification to the land use ordinance. And um unless anybody has any objections, I'll just run through each one each part of each part. Okay.

So part one, proposed minor policy changes. Number one, back lots and private ways. This stream streamlines the review process of the code officer approval for single back lots and planning board approval for private ways serving multiple lots and it reduces single back lot driveway width from 20 ft to 16 ft. Number two, expansion of non-conforming structures. This simplifies the standards for residential expansions and eliminates confusing language, removing planning board reviews of issues typically reviewed by the board of appeals. I'm sorry, reserved to the board of appeals. Number three, uh subdivision road buffers. Um this grants the planning board discretion to require vegetative buffers where new subdivision roads a bit exist above existing homes. Number four, fire protection water supply. Uh this eliminates water storage systems as an option uh uh and uh allows

fire ponds, existing water sources or residential sprinklers in subdivisions. And um this question came up during the select board meeting. We did meet with the fire chief on this one and uh he was okay with propos proposal. Um, number five, cannabis cultivation facilities. Uh, this establishes clear definitions and prohibit aggregated growing operations that are exempt from state permitting requirements. Number six, manufactured housing and accessory apartments. Uh, brings local standards into compliance with state law on tiny homes and standalone accessory apartments. uh placement of mobile homes on individual lots and mobile home parks.

determination. Uh this clarifies how road frontage is measured on lots with curved frontage on corner lots and how frontage is measured on a turnaround. Um this one came about through um uh sub mostly through subdivisions um in coordination with um communicating with the CEO on how we determine frontage at

the end of a subdivision law. So that takes care of the proposed minor policy changes. Part two, the proposed administrative changes. Any before I move on, any comments on part one? Great. Part two, proposed administrative changes. Uh, number one, subdivision road standards. Uh, this updates the design standards to reflect current engineering practices. Number two, driveway standards. Clarifies the applicability to of the standards to various roads in town. uh

updates for safety and adopts M do sight distance standards and and similarly we've we've worked with the uh road commissioner um on this to make sure that um we're all on on on the same page. Number three, zoning boundary interpretation. This assigns interpretation authority to the planning board um in lie of um sending it to the board of appeals.

this requires a readiness to serve letter on internal solid waste collection plans for subdivisions. reduces the scope of planning board reviews to avoid duplication with state permitting. Um we've seen this recently with a a couple of campgrounds in town. Um but the state has uh strict ordinances and rules that um uh

supersede what what we all we all have. Uh planning board general submission requirements um adjusts deadlines and reduced uh printed copies. Um I think I like this one a lot. Um it's been a short time period to get things turned around. um gives us another week I believe in the process and reduces print copies and two weeks for resubmissions that had no timeline before.

Right. Yeah. Yeah. Number seven, ordinance correction provision. Uh this delegates the authority to the select to the select board for nonsubstantive text corrections. Um we also discussed this with the select board uh last week. Um

and it's understood that um if they find something in the land use ordinance that needs to be changed, some text um uh um punctuation when they have the authority to to move forward with those changes in coordination with with this with this board as well. Number eight, proof of payment of taxes. This requires proof of tax payment with the planning board applications uh by the applicant. Um and um it even

if the applicant is not the current owner of the property, and chime in here, George, I know there's some detail on this one. Um, but we still require proof that the taxes have been paid on the property within the application.

submissions. Um, this added uh detailed submission requirements to the ordinance text. George, can you elaborate a little bit more on that one? Conditional use submissions. Yeah. added detailed submission requirements to the ordinance text.

Yeah. So, what what happened was the uh conditional use criteria didn't really have any submission requirements in the ordinance. And so, the planning board put together a fairly detailed list including a site plan with everything required to be on it to get more accurate information submitted by applicants. and it had a a long set of instructions. And so the board pretty much put that

together and adopted it. And we reviewed that with the town attorney in terms of is that enforceable? And their opinion was that in order for it to be enforcable, you have to have it in the ordinance. You can't just have a planning board vote on a on a document that's not part of the ordinance if you're going to p put this as a requirement. So, this just takes what was on the information sheets prepared by the planning board saying telling applicants what you're looking for and it puts it in the ordinance.

Thank you. Mhm. And um lastly, number 10, tree clearing and subdivisions. This was a late ad since we started the process. Um it just clarifies that clearing trees for development purposes prior to final subdivision uh final final approval um is a violation. And that ends part two of the administrative changes. Any comments or questions on those?

Just one clarification. Uh on the issue of the campground, um unlike the manufactured housing, uh which is mandated by the state in terms of what the town can and can't do on the campgrounds, the issue there was trying to eliminate the duplication of reviews and deferring to the state on like things like licensing and uh monitoring occupancies and those sorts of things. Uh so basically the planning board will focus on zoning issues, impacts on neighbors, buffers, those sorts of things and defer to the state on sanitation and campground management. So it's not that the state uh is is imposing this. It's that the state we're trying to avoid duplication and have the planning board focus on things that are most important to Dur. Let the state deal with the larger issues. Thank you.

Yeah. land use code. Um so there are over 100 editorial and grammatical changes um cross references that were um rectified. um changing things from as an example uh the board of select men to the select board. Um and u I'm not going to get into more than 100 changes. We've seen those before. Um and that pretty much

summarizes the three parts of the land use ordinance um enhancements. Um, state that all this information is available online too and at the town office if anyone needs to get a copy of it. Sure. Thank you. Um, they are summarized on the town website. Um, there's nobody here physically

uh for public comment. I heard that I did too. I I did. Hello. Yeah, I have been waiting today. It's all about you, Carolyn. Huh? It's all for you. I've been waiting. Glad to see you. Well, I'm glad to see all of you. I did I did meet with this lady today and she had some questions about the ordinance which I hopefully answered for her.

Um, it was well done. Good. Yeah. But I don't know if questions ever end, you know, they never do. Um, just to bring you up to speed, we just completed the review of the three parts of the land use ordinances that are going to be proposed at the town meeting. Um, and uh, if you

have any questions or comments, please state your name, um, address, and address the board. Well, I guess my biggest question in your name and address, please. My name is Carolyn Mortar. Um, and my questions were just in general on

apostle property that has become quite obvious to quite a few people other than just myself. And um do you have any questions or comments specifically to the land use ordinance amendments? I have questions about um how many units are going to be and what size the units are going to be in our town. um

units being um I believe it's what's being discussed as far as um one person having um engaged in morning to have 19 units built in apostle property that's in Durham. So, it's you're you're referring to a specific subdivision.

Well, I think there's about three of them going on. Yeah. At least. So, I have questions about all three of them. I mean, this is a big parcel of property that is next door to a piece that I own. So, this public comment period is not for specific subdivisions that are currently before the board. Um, this meeting is strictly toward geared toward um looking at the land use ordinance amendments that are proposed uh that will be voted on at town meeting in in June.

Okay. go over those and I understand perfectly what is on that particular agenda. Um are we going to as public are we going to be um given these these areas and what is proposed uh is this legible for JQ public at large?

Um so um I'm not sure exactly which three subdivisions you're referring to, but I have an idea. There are three cluster subdivisions that are in front of the board right now. Um, and they each have a process that needs to be followed. Uh, I believe we've held public comment period on two of them.

So, that ship has sailed. Um, I believe there's one that we have not held public comment on yet, and that would be Okay. Yeah, all three. Okay. Okay. Again, this is not the um time or place to discuss those three, but we have had public comment on

those three. Are we Are there any subdivisions where we have not had public comment yet? No. Okay. Were you asking at this point? Were you asking about what's going to be on the town meeting like I what I explained to you today?

Right. um not and is that information going to be available? Yes. Okay. So, I think she was now referring to these amendments and asking for information as to where do you get the information about it and will it be will it be available at the town meeting?

Carol, how did you spell your last name? Word wo d Well, the problem is this is like 300 pages. So everything is on the website. If someone wants a hard copy then is and is willing to pay the cost of production the the per page copying fee that is applied to all documents then that can be made available. This is basically this is how many how many pages it is. So certainly we're not going to uh like tonight up there we've got your summary and we'll probably have those available and a couple of copies of this if someone has specific questions. This all has been on the website since January.

We do have those summaries from the last public hearing as well that we had in March that they're detailed but not overly detailed. So it's good to understand exactly what So it's still cloudy. It's for people like myself.

You know, I don't walk my property like I used to. There's 100 acres of it. I take pride in ownership of it. And I also take pride in knowing how my ownership is being resolved within what we're clustering at this point. And I've missed a lot of it. Uh because of anybody's fault, nor even my own

because, you know, I don't go out walking it anymore. But um it's not that I'm not interested in what happens to it, how it's being handled and what's going to happen to it. I know that I discussed with you today that I'm not in fear of it because

you know I also wise enough to know the value of it. So I will be keeping very close eye on it. But the point is that I really want to have my children grow up in the area of Freeport and Durham and I want them to learn how to be

obedient to everybody else's feelings as well. Um, they don't learn that unless they're taught. So, I'm being a real bee about it. That's the way it's got to be. But they learn well that way because a Grammy, you remember what a girl she was, right? Yeah. And Grammys it too. She learned it from a very wise woman as well. But I'm not here to discuss that. I'm I just want, you know, I want to be involved in the process and

I want to cheerfully be involved in seeing something positive come of it. I've seen an awful lot of land eaten up and spit out and then why we do that. finalized and I want to be part of that process. So that's where we are. That's where we were at noon time. Hasn't changed, but um it's, you know, I think it is a process that deserves every every minute that you folks need to spend on it. And I'm sure that we put it

in good hands, right? Yes. I want to put a positive feel on this whole thing. I don't want to go into it being no witches out there. And boy, I'm telling you, she's doesn't. we're doing our best. Well, that's all you can do. any of us, you know, ownership is a responsibility, too. And all you can do is keep yourself involved enough to try to be positive

about outcomes. And that's how we're going into it. That's how we want it to stay. So, can't ask more than that if that's what I'm getting. Okay. But, you know, I I think we're going to there's a lot of going going on. I mean, that's it looks like a big area on the map, but

Durham's a small map in comparison to other things. And um crowding. Yes, crowding. You know, why did I buy property in Durham? Because I could. And I bought it because I don't want to see it just there. And oh, I don't have to worry about my 48 acres because it's only 48

acres. That's not a hell of a lot of land in a big picture. But it's for an individual and I won't let go of things. So anyway, that's my sphere for the night and and so whenever there's a public meeting, you let me know or make sure I have someone that I can call and and bring it up on the web. I I'm capable. I've got a really smart 13year-old computer expert. So, you know, I can get there. It's not going to be easy, but she's not easy.

I can get there. And I just It's It's important. So, that's that. That's my introduction to my life. Well, thank you. Thank you for your time. Well, thank you for spending this time and um I'm glad I looked around to see that I didn't have many followers tonight. Thought, huh, that's a wonderful way to be uninvited, but I'm going to So, so that's that. Okay. nice to have met you indirectly or whatever, but um you

know, we'll be seeing one another again soon. I'm sure. Thank you. Thank you. Thank you for your attendance. You're welcome. can close the public comment portion. Any other comments or questions from the board? Since this isn't a oh me is just a public being there that's no adjournment I don't believe.

Then we're done. All right. All right. Thanks everybody.