BETTER THAN HEARSAY - To Z or Not to Z is the Question

WINDHAM  - Something that once seemed utterly inconceivable may soon become reality in Windham as the first public hearing on the possible adoption of zoning rules takes place.

The community is invited to the open session on Tuesday, August 19, at 7 p.m. at the Centre Church, hosted by the special Zoning Commission formed to prepare the document.

That group, composed of local citizens from many walks of life, “has been working over two years on the draft regulations,” says Helen Budrock, a senior planner with Delaware Engineering brought in, through a State grant, to help oversee the complex process.

The public hearing is focused on receiving “Initial feedback and comments from residents and property owners,” Budrock states.

Depending upon what happens that night, the Commission could modify the draft, or not, subsequently offering a final version to the town board.

It is the town board that will ultimately adopt the law, or not, following their own public hearings, so nothing is a done deal at this point.

“This has been a long process,” town supervisor Thomas Hoyt said in a press release. “The town board recently had an opportunity to provide some preliminary feedback on the draft regulations.

“The Zoning Commission has worked very hard on this proposal. This first hearing will give our residents an opportunity to ask questions and let us know what they think,” Hoyt said.

Virtually no opposition has been voiced to the plan since November, 2023, when a very preliminary draft was presented to the public in an informational format.

A few changes and clarifications were suggested at that time in what was a very peaceful get together, a far cry from the past when the mere mention of the word “zoning,” produced loud protest.

The recurring negative theme was based in the concept of “don’t tell me what to do with my land,” and the idea was always quickly quashed.

It is vastly different today, especially with the housing development activity during and after the pandemic, transforming the Windham landscape.

“Some people may have objections, but what I mostly hear is this should have been done twenty years ago,” Hoyt said in a phone interview.

Any and all opinions will be welcomed on August 19, with written comments  to the town of Windham accepted through August 26, Budrock states.

“For the first time in its history, the Town of Windham, is contemplating adopting zoning regulations to guide future growth and development,” Budrock states.

“Zoning is a tool that is commonly used by communities to regulate the built environment. It is a local law that establishes different districts or “zones” with specific regulations that govern the type and intensity of future development within each zone,” Budrock states.

“While Windham does not currently have a zoning law, over the years the Town has adopted several other land use laws designed to regulate

the built environment, which are still in effect,” Budrock states.

“If zoning is adopted, some of those existing laws such as the Site

Plan Law, Setback Law, and Sign Regulations will no longer

be necessary because they will be incorporated into the

new Zoning Law,” Budrock states.

Five distinct Zoning Districts would be established:

—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.