Planning board directs request to add two apartments at 3 Door Road to planning review, not ZBA

At the board business portion of the meeting the planning board considered an inquiry from Charlie Zilch and property owner Ray Durbin about adding two apartments to an existing apartment building at 3 Door Road (Map R3, Lot 26), which lies in the C-3 commercial zone and is within the Aquifer Protection District.

The property owners asked for direction whether the proposed addition of two dwelling units to an existing nonconforming residential use would require Zoning Board of Adjustment review or could proceed directly to the planning board. After discussion about the town ordinance’s language on nonconforming residential uses, Robin Duguay moved that the request to add two additional units go directly to the planning board and not require ZBA approval. The board approved that motion by a 6–1 vote.

Board members debated how to interpret the ordinance language that allows “residential use” existing at the time of rezoning to be continued or expanded. Several members urged caution because expansions can trigger additional permitting requirements (septic, parking), while others noted state law and local ordinance language that can allow a nonconforming residential use to be improved or expanded. The board’s direction enables the applicant to file a planning-board application; technical reviews (septic capacity, parking, building-code compliance) will follow the planning-board process.

The motion and vote provide procedural clarity for the property owner and staff; the board did not approve the additional units at the meeting and no building or occupancy change can occur until planning-board review and any required permits are completed.