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Variance for garage and ADU at 165 Kendall Pond Rd raises turtle-migration and buffer concerns

Town of Windham Conservation Commission · June 11, 2026

Summary

Applicants requested variances to build a garage and 30'x30' ADU approximately 33.8 feet from a wetland where Windham's ordinance requires a 100-foot buffer; wetland scientist Luke Hurley described mitigation including silt fence, a pre-construction wildlife sweep, and a replanting plan.

Julia and Corey Sheperd requested a variance to construct an attached 24-foot garage with a 30-by-30-foot accessory dwelling unit and a septic design sited about 33.8 feet from a wetland, where the Windham Zoning Ordinance requires a 100-foot buffer. The application seeks relief from Sections 601.3, 601.4.2 and 601.4.8 of the WZO.

Wetland scientist Luke Hurley presented findings, saying the proposed disturbance is minimal—".02 percent" across roughly 137 acres of open space—and described measures to reduce impacts on turtle migration, including timing considerations, a silt fence to deter contractors (and turtles), a pre-construction wildlife sweep, best practices for invasive-plant removal, and a replanting plan. Commissioners pressed the applicants on clearing methods, invasive-species removal, and timing of construction to avoid disrupting turtle movement.

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