Zoning a done deal in Windham

WINDHAM―While it may be one of the more momentous moments in the history of Windham, in the end the adoption of zoning happened quietly.

Town council members, at a meeting last week, said “yes” to a zoning law that has been hashed out over the last four years.

A roll call vote was taken which would have registered a unanimous 5-0 verdict if not for the rare absence of councilman Ian Peters.

Town Supervisor Thomas Hoyt and councilmen Wayne Van Valin, Stephen Walker and Kurt Goettsche went on the record in the affirmative, with Peters away on a previously planned family vacation.

“Unfortunately, he was unable to be here tonight but Ian has made it known he was in favor of this for the town,” Hoyt said.

Zoning comes after a forever history of stiff resistance to anything remotely resembling rules that might be interpreted as somebody being told what they can or cannot do on their land.

That mindset began to change over the past decade, particularly in the aftermath of the pandemic as Windham experienced significant growth in single home and condominium development.

Lands that had once seemed untouchable, in terms of rural splendor, were suddenly disappearing with few guidelines in place to preserve what has, for centuries, drawn people to the mountains.

Board voting took place following well-attended public information sessions and public hearings, although only three individuals were on hand during the final decision-making, last Thursday night.

“It’s for the best. If it wasn’t for the best, we would have had a roomful of people here telling us that,” Hoyt said.

“As I’ve said before, this is the world we live in now,” Hoyt added. “Since we started this zoning idea, what I’ve mostly heard, talking to people in the community, is this should have been done twenty years ago.”

Peters, in a subsequent text message, said, “This is great and long overdue. It’s the only way this community can protect itself and guide future development to be sustainable and beneficial to all residents.”

“This is a product of many voices and many perspectives, and we owe a great deal of thanks to everyone who came together to help craft this law,” Peters said.

The legislation will be officially enacted on August 1, giving the town time to appoint a new zoning officer, expected to work in tandem with the current code enforcement office, and a zoning board of appeals.

And while that is unfolding, those individuals will be working closely with Town Attorney Tal Rappleyea to better understand their roles.

Rappleyea, who serves several municipalities and has a private practice, has extensive background in the machinations of zoning, Hoyt noted.

The process began in February of 2022, after the community updated its twenty-year-old comprehensive plan, a vision for the future.

A major recommendation in that plan―and the 2002 plan that preceded it―was encouraging the town board to implement stronger land use controls.

In May of 2022, the town board formed a working committee charged with reviewing existing land use regulations and potential evolutions.

In February of 2023, a special Zoning Commission was set up, composed of community residents from various walks of life.

They set about the arduous task of writing a law specific to the community, guided by consultant Helen Budrock from Delaware Engineering, financed through a Department of State grant.

In December of 2025, the commission published its Final Zoning Report, setting aside five distinct districts:

- Rural Residential 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 to provide for moderate-density residential development and low-intensity neighborhood commercial development in and around the town’s hamlet centers.

- Planned Residential 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 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 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.