First Zoning Law Information Meeting Held by Windham

WINDHAM - The first formal public information meeting on the potential creation of a Zoning Law in Windham was held last week.

An inquisitive crowd of roughly 50 people gathered at the town ambulance headquarters, on November 30, to hear, for the first time, where the process of developing the plan is at and where it needs to go.

Helen Budrock, a consultant from Delaware Engineering, served as Emcee for the evening, providing a powerpoint presentation.

Budfock explained that her role is to guide the town through the legal necessities, allowing the community to adopt zoning rules that are specifically fitted to Windham.

“This has to be a living document,” Budrock said, noting that a local Zoning Commission was put together, this past spring, to undertake the arduous task of putting something on paper.

The commission was formed in direct response to an update of the town’s Comprehensive Plan in 2022 that contained as one of its priorities the possible writing of more stringent land use regulations.

Since then, the commission, composed of local citizens from various walks of life, has been compiling data and focusing on the drawing of a zoning map, dividing the town into basically four districts.

Those currently proposed districts are:

—RURAL RESIDENTIAL (low-density residential, predominantly single-family residential uses, limited commercial uses by special permit); 

—HAMLET RESIDENTIAL (moderate-density residential, wide range of residential uses permitted, wide range of commercial uses by special permit); 

—BUSINESS (moderate to high-density residential, predominantly commercial uses, more commercial uses permitted “as of right”); 

—RESORT DEVELOPMENT (high-density residential, ski resort & commercial recreation uses permitted, use & area regulations and other standards to be developed on a parallel track with planning board review of Windham Mountain master plan).

The Windham Mountain master plan would bring about a major townhouse development on the ski lodge property. It has been been submitted to the planning board and is in the earliest review stages. 

Budrock further broke down the particulars of each district, describing that a Rural Residential zone would include, for example, the outlying Big Hollow region of the town, outside the hamlet of Maplecrest, etc.

Each district would be defined by the long range mission of zoning which is to preserve the character of Windham, with its tourism-based economy, while encouraging commercial and residential growth.

In her power point presentation, Budrock stated, “zoning is a tool that is commonly used by communities to regulate the built environment.

“It’s a type of local land use law that establishes different districts or “zones” with specific regulations that govern the type and intensity of future development permitted on each parcel of land. 

“Most communities in New York State have had zoning laws in place for decades, but some communities have resisted adopting zoning due to concerns over private property rights and government overreach.”

The power presentation continues, “just because Windham does not currently have a zoning law, it doesn’t mean that development is unchecked or unregulated. 

“Over the years the Town has adopted several land use laws designed to regulate the built environment, which are all still in effect. 

“If zoning is adopted, many of those existing laws will no longer be necessary because they will be incorporated into the new Zoning.” 

In terms of what will happen if and when zoning is adopted, the power point presentation states, “nothing will change [related to current development] until a Zoning Law is formally adopted by the town board. 

“Any plans for new development or expansion of existing uses will continue to be reviewed by the planning board under the land use regulations that are currently in place. 

“Under the existing laws, any commercial development, multi- family residential development or single-family homes on parcels under 2 acres in size or greater than 3,500 gross square feet of floor area need planning board approval. 

“The zoning regulations will only impact new development going forward after the date of adoption. 

“Once adopted, any uses, lots, or buildings that don’t conform to the new regulations will be “grandfathered” and allowed to continue within certain parameters. 

“There will be a section of the zoning regulations that will explain how “pre-existing non-conforming uses” are handled and under what circumstances they can be altered or enlarged,” the power point presentation states.

Answering the question, “what happens next,” Budrock’s report states, “the Zoning Commission will continue to meet monthly and work on fine-tuning the Zoning Map and drafting the supplemental regulations.

“This will take some time. Working drafts will be published on the wearewindham2040.com website under the “Zoning Info” tab as they are completed. 

“Additional Public Information Sessions may be scheduled in the future as needed. Once completed, the draft Zoning Law will be referred to the town board for review and discussion.

“At least two public hearings are required to be held prior to adoption. The town board makes the final decision whether to adopt the Zoning Law and there is no strict time frame or deadline for adoption.”