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Council narrowly endorses reinstating fifth‑story setback standards for parts of CB1, forwards to Planning Board
Summary
By a 5-3 vote the Council endorsed reinstating previously drafted fifth‑story design standards (setbacks/step-backs) for portions of the Central Business 1 district and forwarded the recommendation to the Planning Board for review; Councilors debated human-scale design, viability and Master Plan consistency.
On April 20 the Durham Town Council voted to endorse reinstating design standards that would require setbacks or step‑backs for a fifth story in portions of the Central Business 1 (CB1) zoning district and forwarded the proposal to the Planning Board for further work.
Councilor Carden Welsh, recalling a multi‑year working group and prior unanimous Council action in 2021, moved to restore those standards. "This was done with a lot of thought… it should be preserved," Welsh said, urging the Council to send the material back to the Planning Board. Councilor Jim Lawson, a member of the earlier working group, said the setbacks were designed to make five‑story buildings consistent with the Master Plan and that requiring step‑backs is a common tool used in other towns.
Councilor Michael Lehrman raised concerns about viability, noting that step‑backs affect design and could make some parcels less suitable for five stories; he referenced Portsmouth standards and argued the town should examine both step‑backs and lot‑line setbacks when assessing feasibility. Councilor Heather Grant and Councilor Robin Vogt opposed the endorsement, citing questions about current economic viability and the potential design constraints on developers.
The motion to endorse and forward the draft standards to the Planning Board passed on a 5‑3 roll call (ayes: Ford, Lawson, Welsh, Friedrichs, Friedman; nays: Lehrman, Grant, Vogt). Councilors noted the Planning Board will consider the item at its April 22 meeting and asked staff to ensure work is consistent with the Master Plan.
The Council’s action was an endorsement and referral; no ordinance change was adopted at the meeting. The Planning Board will review the reinstated standards and may propose formal zoning amendments if it deems them appropriate.
