BETTER THAN HEARSAY - Zoning in On Zoning

By Michael Ryan

WINDHAM - Even as perhaps the most tedious element of their creation simultaneously unfolds, the thrill of seeing the first-ever Zoning Maps in Windham will be happening soon.

“We are close to presenting them to the town board,” says Helen Budrock, a consultant hired by the town to steer the years-long process of writing zoning regulations, something many folks thought could never occur.

There was a time, not that long ago, when mere mention of the “Z” word was politically risky, at best, and bound to stir up trouble at worst.

The subject was raised, now and again, as Windham began to very visibly change, with housing and businesses popping up anywhere on the rural landscape, but nothing ever came of it.

Until now. Three years ago the town updated its Comprehensive Plan, a document that contained a vision of the town’s future and the ways to implement that dream.

Topping the list of priorities was a recommendation to take a serious look at establishing more stringent land use rules.

A special Zoning Commission was formed, composed of local residents from various fields of expertise and having deep ties to the community.

Budrock and the Commission were unsure of what to expect, but barely a peep of protest was heard from the citizenry.

It was similarly peaceful and quiet when Budrock and the Commission, in December, 2023, hosted their initial public information meeting.

Several questions were asked about four zoning districts that were proposed and detailed on a preliminary mapping of the town.

Those districts were:

—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).

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.

Those rudimentary drawings, since then, have been continuously fussed with and are on paper, color-coded, ready to be officially unveiled.

The maps will be on the agenda for a May 22 town council meeting, says Budrock, followed by public information gatherings in June.

Formal public hearings will be held in July, ultimately leading to a decision, by the town council, on whether to adopt the rules, or not.

As all that is necessarily unwinding, members of the zoning commission will be plodding through probably the most boring part of the entire procedure.

“I sent out the final zoning text to them to review,” Budrock says. “Zoning text is not fun but it is very important, so the wording is clear, not ambiguous and open to interpretation.

“There is a delicate balance between trying to ensure future development has framework and control without going too far one way or the other,” Budrock says.

“We are putting our toe in the water, so to speak, of having some protections, fine tuning this down the line,” Budrock says.

And meanwhile, Windham sole assessor, Richard Tollner, recently informed government leaders there has been a gain of $24 million in the assessed value of the town, a positive and eye-opening economic sign.

“That is outstanding for a small town,” Tollner said in a followup telephone interview, noting the tax burden can consequently be spread over a wider and deeper pool, helping lower or keep-steady yearly payments.

Tollner emphasized his office is consistently in the field, updating the town’s 3701 parcels for new housing, additions to existing homes, etc.

The goal is to maintain records accurately without being picayune, keeping taxation equitable across the income spectrum.

While the added assessments are welcome, they also point to the timing of zoning being considered, as undisturbed lands in Windham disappear.