Windham Eyeballs Possible Zoning Laws

By Michael Ryan

WINDHAM - They have gotten the Memo and government leaders will now huddle to review the first-ever zoning rules in Windham.

While the document is a proposal and nothing more at this point, and exists purely as a “discussion draft,” more than two years have gone into its preparation, awaiting possible adoption by the town board.

That day, if it comes, would likely be in the late summer or early fall and only after more fine-tooth-combing and public hearings.

Setting the stage for that historic moment, town board members shall meet with the specially-formed Zoning Commission, June 26, at 4 p.m., at the municipal building, to schmooze and swap ideas.

Additions or subtractions could be recommended, leading to eventual passage, or maybe the whole thing will be tossed in the round file.

That gathering will take place prior to the town board’s regular bi-monthly session. Residents may attend the workshop which will be limited to conversations between the town board and Zoning Commission.

There will, however, be plenty of time for public input once the preliminary papers are finalized, though changes could still come after the citizenry offers its collective two cents.

The Transmittal Memo, written by consultant Helen Budrock from Delaware Engineering, was received on May 22, containing a multi-colored Zoning Map (similarly a draft version) and all the required legalese.

“A zoning law generally consists of two parts: a map (or series of maps) and text,” the Memo states.

“The zoning map shows how the community is divided into different districts or ‘zones.’ An accompanying ‘use schedule’ and ‘bulk table’ summarize the basic rules that would apply in each zoning district,” the Memo states.

Those specifications include, “the type of uses permitted in each zone along with dimensional regulations governing things like lot size, building height, setbacks and permitted density,” the Memo states.

Under the “Purpose and Intent” section, the Memo states, “this law is specifically intended to implement the town of Windham Comprehensive Plan, as may be amended from time to time.

“The zoning law is enacted for the protection of the health, safety and well-being of persons and property, and the protection and enhancement of the physical and visual environment,” the Memo states.

Purposes of the zoning codes include:

—To guide future development of the town of Windham, foster an orderly pattern of growth and prevent intrusion of incomparable uses.

—To conserve the taxable value of land and buildings throughout the town, and provide for the accommodation of new development in such a sway as to create a harmonious appearance and enhance the desirable aesthetic qualities of the town.

—To 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.

Five distinct Zoning Districts would be established as stated in the Transmittal Memo, as follows.

—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.