LONDONDERRY-Following a row, a resignation, and a passel of accusations, the Selectboard will host a public hearing on Monday, June 17, at 5 p.m. to take public comments about the proposed revision of the town's zoning bylaw to establish Unified Development Regulations (UDRs), including a zoning map.
Proposed changes in the 218-page document would affect all properties in town.
The Planning Commission has prepared a report, also available on the website, that summarizes the proposed bylaw changes.
Residents and property owners are encouraged to submit written comments on the proposed regulations in advance of or at the public hearing.
Copies of the full text are available for review at londonderryvt.org or at the Twitchell Building/Town Office at 100 Old School St.
Comments may be sent to Londonderry Selectboard, 100 Old School Street, South Londonderry, VT 05155, or to [email protected].
Not enough notice, too cumbersome, no public input
An early May discussion of the changes prompted the resignation of Selectboard member Melissa Brown, who noted that she found the tone of some in attendance at a May 13 meeting "disrespectful, malicious, and personal, leaving me feeling vulnerable and uncomfortable."
She added that the same tone had been directed toward another Selectboard member and a member of the Planning Commission.
An election will be held on Saturday, July 13, to elect Brown's replacement.
At a subsequent board meeting, a county sheriff's deputy stood by as more than 100 residents offered their opinions about the planning commission's process, the failure of the commission to inform the public with sufficient advance notice of possible changes to allow for other input, and the resultant and daunting 218-page zoning plan.
Whether the planning commission had solicited input at all - and if so, when, how it came to decisions regarding bylaw changes, and whether the entire Commission should be revamped - also surfaced.
Londonderry resident Tony Boston called the planning commission's draft "shameful," saying Londonderry and South Londonderry were built by tradesmen and industrial workers.
"Our town is not an HOA [homeowners association] and shouldn't be regulated that way," Boston said, adding that he was saddened and disappointed that this was the best the commission could do.
Boston's comment was followed by applause, as were most others.
The proposed document, which is two or three times larger than the current one, has drawn harsh criticism from firewood processors and other residents. One common complaint is a prohibition on firewood processing and delivery on weekends, and that limiting of such work to between 8 a.m. and 6 p.m. on weekdays.
In response to a question about what in the document was actually required by state law, Zoning Administrator Will Goodwin said he would mark a draft of those parts, but that in general, it is anything that has to do with water, such as flooding, wetlands, erosion, and stormwater treatment.
A sentiment repeated by several people was that Londonderry is changing too fast and that the changes don't align with the town's long-term character.
"I'm as old-school as anybody in here. I've been here all my life, too, but change is inevitable," said Selectboard member Jim Fleming. "Things move along, but they don't have to move at a pace we can't stand."
"We still have to make progress," added resident Steve Twitchell. "When this is done and over, you might want to look at how the word can get out more effectively." He also noted that a bigger state government puts more requirements on towns.
Resident Amy Corwin suggested that rather than coming forward with the whole package, the Selectboard could break the document into smaller, more manageable pieces.
Near the end of the meeting, Brooke Cote said she would do whatever it takes to attend every meeting going forward.
"If that took years to put together, that's shameful," said Cote. "Take back the town."
Town planners' report
Londonderry initially adopted a zoning bylaw in 1975 that was last amended in 2009. The town does not currently have a subdivision ordinance, but it does regulate land subdivision through the bylaw.
The 2017 Town Plan recommended a number of zoning changes to realign the bylaws with the town's current planning policies.
Also noted was the need to address inconsistencies resulting from the many changes that have been made to state statutes since the regulations were updated and to fix identified shortcomings.
"There was also a commitment from the Planning Commission to improving the clarity of the regulations and the town's development review and permitting processes," says the April 2024 report. "To achieve those aims, the Planning Commission has prepared the UDRs to replace the zoning bylaw, including a zoning map with new districts and boundaries.
"While the draft UDRs appear very different from the zoning bylaw in their structure and organization, the overall planning policies the UDRs are implementing remain largely the same. There are a discrete number of substantive policy and procedural changes that are critical to aligning the UDRs with the goals and objectives of the Town Plan and to conform with the statute."
In the proposed plan:
• The list of exemptions (structures and activities that do not require permits) has been expanded and clarified.
• The process for allowing for multiple use of buildings on a lot has been simplified.
• The requirement for a minimum amount of land per dwelling unit on a lot has been replaced with a new lot coverage standard.
• Dimensional standards in village districts have been modified so the town can seek a state Neighborhood Development Area designation in future to support creating village housing.
• A requirement to designate building envelopes that specify where buildings will be placed on a parcel has been added to the Rural district to guide development away from significant agricultural and natural resources.
Additionally, in the districts intended to accommodate businesses, more businesses and other nonresidential uses will be permitted rather than conditional. Planners say this is intended to "simplify the development review process for those uses, reducing the time and cost of permitting."
The plan proposes a clarified Class 4 road development policy, with further residential development accessed from Class 4 roads not permitted without a road upgrade.
Specific requirements for erosion prevention and sediment control and stormwater have been added, establishing "specific triggers related to the amount of disturbance or impervious surface being created to determine whether applicants will need to meet the standards."
Steep slope provisions have been strengthened with a definition of what constitutes a steep slope and additional criteria for reviewing development on steep slopes.
The proposal bylaw also adds more detailed site design and performance standards for landscaping, parking, outdoor lighting, outdoor use areas, and other aspects of proposed multi-unit or nonresidential development.
"Other additions and clarifications relate to regulation of land subdivision, a conservation overlay district, and the authority of the administrative officer to 'review signs, minor projects, boundary adjustments, sketch plans, and small modifications to approved development has been expanded.'"
The commissioners' intention is to "streamline the permitting process for small projects and avoid unnecessary delays and expense."
Zoning districts and the map have been replaced entirely in the proposed plan, which affects all property in town, though the extent to which zoning district standards are proposed to change varies depending on the district.
"For most existing homeowners, the zoning change is unlikely to affect typical projects like small additions, sheds, carports, pools, et cetera," commissioners say. "The dimensional standards of rural districts remain largely unchanged."
Changes to zoning districts, say planners, "were guided by clear and specific strategies laid out in the 2017 Town Plan."
"The objective and challenge of Londonderry's land use plan is to retain its rural character and compact villages while providing an appropriate economic and employment base for its citizens," planners write.
"The Town should direct commercial development in the designated commercial areas, retaining large open spaces and agricultural uses between the commercial areas as well as open spaces among residential development.
"Additionally, Londonderry's land use plan must provide for a sustainable forestry base, recreational opportunities, public and quasi-public facilities, as well as recognize the need to provide space for and protect flood plains, wetlands, ridgelines, and conservation and fragile areas."
The proposed UDRs provide for commercial and industrial uses, including recreation and tourism-oriented businesses, primarily in the Village Business, Village Mixed Use, General Business, and Recreation districts.
Some provision is made for traditional rural businesses, primarily resource or recreation-based, in the rural district. The Village Residential and Residential districts have limited opportunities for commercial and industrial uses beyond home occupations and home businesses.
The proposed UDRs allow for residential uses in all districts except General Business. They seek to expand housing choices in Londonderry by allowing for a range of housing types in most districts.
The Village Residential and Residential districts are crafted to promote a neighborhood residential setting with small to moderate lot sizes.
The Rural district will continue to offer a rural, residential setting with moderate to large lot sizes. The Resource Protection district is intended to discourage residential development, but does allow for housing at low density with thoughtful siting to minimize natural resource impacts.
The proposal is intended to guide development away from high-elevation land and other important resources.
"The draft UDRs continue to implement a community vision and set of land use policies that have been in place for many years," planners write. "Growth will be directed to the Villages, Business, and Recreation districts. Residential areas will welcome new housing in the villages, existing neighborhoods, and nearby suitable lands.
"Outlying development will fit into the landscape, seek to preserve rural character, and protect natural resources. Further fragmentation and development of high-elevation, inaccessible, and environmentally sensitive lands will be discouraged. Given that there is no substantive change in direction, the draft UDRs are not anticipated to create new or different demand for community facilities than the current zoning bylaw."
This story incorporates reporting from Shawn Cunningham and Cynthia Prairie which originally appeared in the Chester Telegraph and is used with permission.
This News item by Virginia Ray was written for The Commons.