More than 60 Durham residents, some standing for lack of seats, attend a public hearing Tuesday at the Eureka Community Center in Durham on land use ordinance changes. Vanessa Paolella/Sun Journal
DURHAM — Over 60 residents packed into the Eureka Community Center Tuesday night for a public hearing on four proposed land use ordinance amendments regarding resource protection zoning, roads, appeals and the fee schedule.
For two hours, Town Planner George Thebarge answered residents’ questions on the amendments, with the majority of the time dedicated to discussing the zoning and road changes.
Three hundred residents received letters from the town notifying them that their property could be impacted by the proposed resource protection zoning changes, he said.
In October, the Select Board approved a two-part plan to update resource protection zoning, which Thebarge said was based on outdated, inaccurate data. He expressed concerns that it places an unfair restriction on some landowners who are unable to build in the resource protection zone.
The comprehensive plan adopted by the town in 2018 called for zoning, particularly resource protection, to be reevaluated, Thebarge said. It was last altered in 2002.
The change would “make sure that any restrictions that are put on properties are based on accurate scientific information and not old, outdated maps,” he said.
Durham Town Planner George Thebarge, left, answers a resident’s question Tuesday about how the proposed changes to resource protection zoning could impact their property. More than 60 people attended the public hearing. Vanessa Paolella/Sun Journal
Some residents expressed concerns that the value of their land would decrease if parts of it were to be designated as resource protection in the future.
Select Board Chairman Kevin Nadeau explained that the current amendment would only remove properties from resource protection, not add. Additions will be considered separately next year.
When additions are considered, residents would have the opportunity to appeal the zoning change, Nadeau said. If the zoning is changed, residents can discuss reevaluating the property with the town assessor for tax purposes if they believe the property value was diminished, he added.
Adding land to resource protection would likely not take effect under the current two-part plan until April 2023 at the earliest, Thebarge said. Any structures built on the land before the official zoning change would be permitted to stay.
No resident outwardly opposed removing land from resource protection at the hearing, however Thebarge said some members of the Conservation Commission were not in favor of reducing the amount of protected land in town.
Town officials are also proposing changes to road ordinances, which, among other changes, would allow property owners to build roads with a 16-foot width to back lots, rather than the previous requirement of 20 feet.
They hope the changes will encourage fewer subdivisions and more family-connected construction by making the road construction less costly.
Some residents said the road ordinance should not require such a road to be paved. An informal poll of attendees found roughly two-thirds agreed, according to Nadeau’s estimation.
The amendment would also change the way the town designates roads. The town will not be taking ownership of any roads that are currently private under the proposed amendment.
A map of proposed resource protection zoning changes in Durham. The dark gray area will remain in resource protection and the light gray area will be removed if approved by voters at the Town Meeting on April 2. George Thebarge map
Residents expressed few reservations about the fourth amendment, which would create a separate fee schedule for permitting and other related fees. Currently, these fees are included under different ordinances and require a town meeting vote to alter, making it difficult to update.
Budget Committee member Heather Roy strongly urged residents to vote in favor of the amendment.
In 2019, Durham collected $32,000 from permitting fees, she said. She found that towns with similar population and land area collected from $100,000 to $200,000, indicating that Durham’s current fees are too low.
As is, the amendment would grant the Select Board full authority to set the fee schedule once each year. They will consider amending this to instead allow residents to vote on the fee schedule each year at the annual Town Meeting at the urge of several attendees.
There was little discussion related to the appeals amendment which would remove the authority of the Appeals Board to modify the Planning Board’s decision. The Appeals Board will retain the power to uphold, reject, or send a decision back for further consideration.
While Thebarge and Nadeau said the large turnout wasn’t a surprise, they were both pleased by the participation at the public hearing.
“I thought it was great, especially after two years of not being in face-to-face meetings,” Nadeau said. He described attendees as vibrant and engaged and commended their questions.
The Select Board will consider residents’ comments at their meeting Tuesday at 6:30 p.m. at the Town Office. This will be the board’s last opportunity to modify the amendments before they are finalized.
Residents will vote on each of the amendments at the April 2 town meeting beginning 9 a.m. at Durham Community School.
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