BETTER THAN HEARSAY - Pretty Quiet on the Zoning Front

The specially-formed Zoning Commission hosted a public hearing at the Centre Church, Tuesday night, on a potential Zoning Law in Windham, fielding questions and comments on the draft document.

WINDHAM - There has never been a law in the town of Windham saying a person can’t build this or that here or there or wherever. 

Some protections are written for a downtown Historic District, but otherwise a chicken coup could be non-existent one day, but be your cock-a-doodle-do neighbor the next morning and forever thereafter.

While that is a bit of a stretch - it would take more time than that - there has been basically nothing to stop anyone from doing on their land whatever they wished, adhering only to simple site plan and setback rules.

It has never been clear, however, whether it is fair or right for the chicken farmer to essentially force their life style on somebody else, whether it might be a crowing rooster or other sound, sight, smell or whatever.

An increasingly asked question in Windham has become - where does the line get drawn between freedom to do what you want on your land and freedom for your neighbor not to be impacted by it?

That question extends throughout the town as the rural landscape changes with housing developments, and uncertainties surround the future of the Windham Mountain Club, the local economic engine.

All of which is a long-winded way of getting to the public hearing that took place, Tuesday night, on the possibility of enacting zoning in Windham.

The gathering unfolded at the Centre Church, drawing a crowd of about 50 people, following two years of work by a special Zoning Commission formed to potentially do something historic.

Zoning, over the years, has been a four-letter word in Windham, rooted in the aforementioned “don’t tell me what to do on my land” mindset.

Change, however, could be in the wind, and if the public hearing is any indication, zoning is coming, perhaps as soon as late autumn.

The purpose of the public hearing was to receive input from the citizenry on the Zoning Commission’s draft document including maps and a concise breakdown of what zoning is and how it would operate in Windham.

There had been speculation, leading up to the hearing, that controversy might emerge as folks opposed to the rules voiced that opposition.

If there is deep resistance in the community, it was not in evidence. Some concerns were raised and suggestions were made for modifications to proposals contained within the draft document.

But nobody yelled “heck no” to zoning as occurred in the past (in much stronger and more colorful terms). The night began with a power point presentation by Helen Budrock of Delaware Engineering.

Budrock was brought in as a consultant by the town after receiving State grant money to pursue zoning, a complex and painstaking process.

Pinpointing the purpose of zoning, Budrock said, “existing laws in Windham don’t regulate the use or intensity of future development. There is no separation of uses that says you can build this here and not there.”

Budrock showed how the proposed zoning map would divide Windham into five different development districts, each with its own parameters:

—Rural Residential, The purpose of this district is to preserve the rural residential character of the town and protect the outlying areas from intense development. This district is the largest in the town.

—Hamlet. The purpose of this district is to provide for moderate-density residential development and low-intensity neighborhood commercial development in and around the town’s hamlet centers.

—Planned Residential Development. The purpose of this district is to allow for the continuance of existing, high-density developments in the town of Windham. 

The intent is to allow these existing residential developments to continue in their present form and configuration, regardless of any nonconformities with regard to use or dimensional standards, but to limit new high-density, planned residential developments to the Resort District as part of an approved Master Plan of development.

—Resort District. The purpose of this district is to maintain the existing ski resort and associated facilities in the town of Windham. The intent of this district is to allow any existing uses to continue uninterrupted and allow for reasonable future expansion. 

Future expansion would only be permitted in accordance with a Master Plan of development approved by the town board and planning board.

—Business District. The purpose of this district is to provide for stable, viable commercial districts to serve the needs of the local community and support the local economy.

This district is the most intensely developed part of the town and is predominantly located along major travel corridors with access to public water and sewer facilities.

Budrock, opening the floor to comment, said all comments received will be reviewed by the Zoning Commission which meets again on August 28.

Remarks included the draft document being short-sighted on issues such as affordable housing for new families, preservations for generational families, downtown parking and Smart Growth in Windham.

A suggestion was made to increase the amount of lands set aside for rural protection. Another suggestion was made to decrease mandated lot sizes in the rural residential zone from five acres to three acres.

One business owner wondered if requiring new businesses in the Main Street hamlet areas to be on at least a quarter acre of land was “too restrictive,” noting many current establishments are on less land.

Budrock noted the Zoning Commission exhaustedly considered every land use factor, saying “ as everyone can tell, this is a balancing act,” further emphasizing current lot sizes, acreages and buildings etc. would be grandfathered within zoning.

In a followup telephone interview, Budrock said, “there was a lot of good feedback” at the hearing. “My gut feeling is the Commission will need another meeting” after August 28 to properly assess that feedback.

That meeting would likely unfold in late September, “giving us a chance to do more analysis and mapping,” perhaps leading to some tweaks to the draft document prior to presenting it to the town board, Budrock said.

It is the town board that will ultimately approve zoning, or not, following at least one additional public hearing and possibly more, giving the community every opportunity to express their view.