On Thursday, February 23rd at 6:45PM there will be public hearings on proposed amendments to two local land use laws. The first public hearing will be to solicit comments on changes to the Site Plan Law, which was last revised in 2006. The second public hearing will be on the Setback Law, which was last revised in 2003.
The Site Plan Law sets forth the processes and procedures a property owner must follow to develop their land, including what type of development triggers review and approval by the Planning Board before a building permit can be issued. The existing law only includes a list of exemptions (instances where site plan review would not be required). The proposed revisions include a new section that lists the types of land alterations that would trigger site plan review. For example, single-family homes on lots less than two acres in size and homes over 3,500 square feet regardless of parcel size. As was the case with the existing law, commercial and multi-family developments would still be subject to review by the Planning Board. Other proposed changes include increasing the length of time required to notify adjoining property owners, and imposing a one year expiration on approvals.
Windham’s Setback Law dictates the minimum distance from the property line a proposed building must be located. The proposed changes to the Setback Law would impose a standard set of setbacks town-wide with an “exemption” for parcels under two-acres in size. For parcels over two-acres in size, new structures must be set back a minimum of 65 feet from the center-line of the road, and a minimum of 40 feet from all other property lines (side and rear). For parcels under two-acres in size, new structures must be set back a minimum of 35 feet from the center-line of the road, and a minimum of 10 feet from all other property lines (side and rear). Setbacks only apply to new structures (both principal and accessory) but do not include driveways, walking paths, gardens, or recreational facilities. Under the new law, setbacks will not apply to any parcels located on private roads with pre-existing deed restrictions that are enforced by a Homeowners or Property Owners Association.
These proposed amendments are designed to be a stop-gap measure to protect property values and control undesirable development while the Town develops a Zoning Law. For more information, and to request a copy of the proposed revisions, contact Town Clerk Bonnie Poehmel at 518-734-4170 or windhamnytownclerk@gmail.com.
Windham Comprehensive Plan Update 