Final Zoning Law Report Awaits Public Comment

WINDHAM - The final report is in on a proposed zoning law in Windham, after thirty months of preparation, and now awaits comments from the public and potential passage by the town council.

Town board members, at a meeting last week, received the document from Helen Budrock, their outside consultant from Delaware Engineering, paid for with a New York Department of State grant.

Budrock, noting the preliminary report was submitted this past summer said, “there is light at the end of the tunnel.”

A special commission of local citizens was formed, two-and-a-half years ago, to delve into zoning following an updating of the community’s Comprehensive Plan.

The new Master Plan listed zoning as a top priority, breaking from the longstanding perspective that viewed it as an invasion on individual property rights.

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

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

“Some people may have objections, but what I mostly hear is this should have been done twenty years ago,” town supervisor Thomas Hoyt said when the commission began its task.

Their work is finally finished and they were thanked for their arduous efforts including Lisa Jaeger, Carol Shaw, Matt Rodrigue, Patrica Charbonneau, Bob Rhoades, Marianna Leman, Richard Tollner, Michael Troccoli and Leonard Shapiro.

“We are now at the ten yard line,” Budrock said, using a football analogy for being close to the goal of deciding whether to enact zoning, or not.

Addressing town council members, Budrock said, “this is your document. It is up to your discretion. You can accept this report as is, make tweaks or say ‘thanks but no thanks.’”

Before it becomes law, at least one and possibly multiple public hearings will be hosted by government leaders, likely starting early next year.

Some changes have already happened as the result of recommendations offered by the public when the initial report was shared.

Those modifications are highlighted in red within the final report that will soon be available for viewing on the town website.

Meanwhile, essential elements of the proposed land use regulations have stayed the same. “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 zones districts will be established; Rural Residential, Hamlet,  Planned Residential Development, Resort District and Business District.

The overall Purpose and Intent of zoning in Windham is to:

—Guide future development, foster an orderly pattern of growth and prevent intrusion of incompatible uses;

—Conserve the taxable value of land and buildings throughout the town and provide for the accommodation of new development in such a way as to create a harmonious appearance and enhance the desirable aesthetic qualities of the town;

—Encourage flexibility in the design and development of land in such a way as to facilitate the adequate and economical provisions of streets, utilities and parks;

—To preserve the natural and scenic qualities of open lands for public use and enjoyment and to provide housing opportunities suitable to the varied needs of the population;

—To preserve the integrity, stability and beauty of the community and the economic value of the land by means of the wise use and management of natural resources throughout the town.

—To prevent and reduce traffic congestions, and promote safe and efficient circulation of motorized and non-motorized vehicular traffic, and pedestrians.”