From:	Michael Behrendt
Sent:	Thursday, August 20, 2015 4:57 PM
To:	Karen Edwards
Subject:	FW: Site Plan Review REgulations | land use board approvals | 
Architectural Design Standards

Karen,
For the packets and website for site regs.  Thanks.

Michael Behrendt
Director of Planning and Community Development (“Town Planner”)
Town of Durham
8 Newmarket Road
Durham, NH  03824
(603) 868-8064
www.ci.durham.nh.us

From: RMower [] On Behalf Of RMower 
Sent: Thursday, August 20, 2015 4:36 PM 
To: Michael Behrendt 
Cc: Todd Selig; Ann Welsh 
Subject: Site Plan Review REgulations | land use board approvals | Architectural Design Standards

Greetings, Michael --

Please forward this email to the Planning Board for consideration relative to its overhaul of the 
Site Plan Review Regulations. Thank you.

                        Regards,
                                    Robin

*

Dear members of the Planning Board,

As you no doubt are aware, residents have expressed concern that the community has recently 
ended up with projects that somehow failed to meet Conditions of Approval set by our land use 
boards in areas that do not fall under the categories of health and safety, which are generally well 
covered by Town staff. 

Formal Planning Board Notices of Decision include the phrase: “It is the applicant’s, site 
contractor’s, and building contractor’s responsibility to follow all requirements related to this site 
plan approval.” 
The Orion project, alone, suggests that approach doesn't always work. Even though it eventually 
hired an architect welcomed by the community, it suffered a number of significant snafus 
relative to requirements established by the Historic District Commission and incorporated into 
formal Planning Board Conditions of Approval.

In addition, construction management relative to environmental concerns raised by the 
Conservation Commission, e.g., protection of trees and of the Pettee Brook, has fallen short on 
some projects. 

Therefore, I'm writing to ask that you take action to improve the chances of avoiding such *bad 
situations* as well as to establish the grounds for enforcement measures, should they become 
necessary.

It would seem that the appropriate regulatory tool is the Site Plan Review Regulations. Relative 
to architectural elements  and primary concerns of the Historic District Commission, the relevant 
section would be Part III, Article 2. Architectural Design Standards. Other sections of Part III. 
Standards should be scrutinized for their adequacy to address environmental/natural resources 
issues -- not always on the radar of Town staff that is stretched thin to address code compliance.

The City of Portsmouth also has experienced non-compliance with land use board conditions 
concerning issues other than health and safety. The City recognized that established procedures 
were not adequate, that bloopers were costing taxpayers, and that its residents were unhappy. Its 
solution was to hire a Land Use Compliance agent, who started work this past February (2015).

First, let me state that I have not asked the Council to follow suit and hire a Land Use 
Compliance Agent. We can nonetheless learn from the experience of Portsmouth and try to 
develop a solution that will work for Durham.
According to a conversation I had with Portsmouth's Planning Director, the Land Use 
Compliance Agent reports to the Planning Director but works closely with Planning staff who 
support the Historic District Commission and the Conservation Commission, as well as with the 
City’s inspection staff. He has three responsibilities, all variants on reconciliations of plans:
-- Making sure that HDC approval matches the approval by the Planning Board (e.g., doors, 
windows, sidewalks are in same places); and 
 
-- Reconciling the construction drawings with land use board approvals and the building 
inspector’s compliance for building code; and 
 
-- Evaluating changes made in the field, some of which are significant. For example, 
transformers in downtown were shown on a Planning Board-approved site plan but then 
EverSource said they wouldn’t approve the location.


In conclusion, I hope that the Board will insert in the Site Plan Review Regulations requirements 
that get to the heart of the above types of conflicts.

Thank you for your consideration in this matter.

Regards,

            Robin


Robin Mower
Durham, NH 03824

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