DURHAM — Residents will have the opportunity to share their thoughts on four amendments to the land use ordinance, one of which could increase the amount of buildable land.
The public hearing will take place 6:30 p.m. Tuesday at the Eureka Center.
Town Planner George Thebarge previously told the Select Board that the town’s resource protection zoning is outdated and stricter than state standards. If reevaluated using the most recent Federal Emergency Management Agency floodplain maps and state standards, the amount of land designated as resource protection would likely decrease.
Thebarge told the committee Oct. 26 that some property owners were unable to build on certain parts of their land due to the resource protection zoning.
While Durham’s overall resource protection land would likely be reduced, additional sections could be designated as resource protection during the reassessment if they meet state criteria.
Other proposed amendments will make approving new roads simpler and abandon the practice of designating roads as public or private. Instead, roads will be classified as either “minor local” or “local,” under the proposal.
The third amendment will remove the ability of the Appeals Board to modify a decision by the Planning Board or any other town board.
“This provision of the current ordinance has obscured the lines of delegated authority and puts the Appeals Board in the position of second-guessing the Planning Board (or other board) and making a different decision than that of the board with appropriate jurisdiction,” according to the town website. “That has the potential and actually has led to confusion between the boards.”
The Appeals Board will continue to be able to uphold, reject, or send a decision back to the Planning Board for further consideration.
The final amendment would modify the fee schedule, moving several articles from the land use ordinance to an annually adopted fee schedule to “ensure that application and permit fees cover the full costs of providing services,” according to the town website.
Residents will have the final vote on the proposed amendments at the town meeting at 9 a.m. April 2 at Durham Community School.
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