LONDONDERRY-A 218-page proposed zoning bylaw document - the subject of recent controversy over the extent and nature of the proposed regulations - has been sent back to the Planning Commission for revision.
That action followed a June 17 hearing, after which the Selectboard voted 3–1 to reject the draft.
The document, on which the Planning Commission worked for six years, was given to the board on May 1 of this year.
The revision was prompted by the 2017 Town Plan that recommended realigning zoning bylaws with current planning policies.
Planners have said the proposed changes were intended to address inconsistencies in current zoning bylaws, last updated in 2007, and changes in state statutes not reflected in those bylaws.
"We have to have bylaws, so really what we want to do is get information to the Selectboard and the Planning Commission so they can make a better set of bylaws," said Moderator Doug Friant at the start of the hearing.
"I've talked to people on both committees and they are very open, willing, and happy to make changes so we have the best possible bylaws for Londonderry," he said. "That's the sense I get from everybody."
"This is just about the bylaws, not individuals," Friant added later.
"I think it will be pretty easy to 'de-Woodstock' this draft," said Zoning Administrator Will Goodwin. "There would still be some items which will be contentious after that, but I think a lot of it could be done in a new draft pretty quickly."
Board considers a grueling scenario
The Selectboard had warned the June 17 meeting on May 28, starting what would have been a 150-day clock for the board to make the revisions themselves had they decided to do so.
One resident echoed the complaint of many who spoke at previous meetings in May about firewood processing being permitted to operate weekdays only from 8 a.m. to 6 p.m., questioning the audacity of what one person called "a state law that has no regard for a person's livelihood," but Goodwin corrected the general impression, noting that this regulation would not apply to home businesses.
Other issues were also raised, including camping regulations, whether a drive-through car wash should have to be sited parallel to a roadway, short-term rentals, a requirement that holiday lighting be removed within 45 days, and installing a tiny house.
After an almost two-hour hearing, the Selectboard debated.
Board Chair Tom Cavanagh said that if revisions to the proposal aren't completed within 150 days by the Selectboard, the town would stay with its current zoning bylaws. He also said the town could hold up to five public hearings to get there.
Sending it back to the Planning Commission means that they would have to hold one public hearing before sending it back to the Selectboard, and that then another hearing would be set.
The board also could have decided to do nothing.
Goodwin also must review all bylaws vis-à-vis state law and existing bylaws, which takes time.
"Best case scenario, we might be able to do three within 150 days," Cavanagh said. "This is going to require probably a special meeting every single week until October for this board. Four or five-hour meetings to go through bylaws. Every single week. The end is Oct. 25. That's how long we have to do our amendments, if we decide to go that route."
Goodwin must also review all bylaws vis-a-vis the law and the existing bylaws, which takes time.
"I think we have a fairly good start on a revised set of bylaws," said Selectboard member Martha Dale. "I think we work hard towards that date of Oct. 25 and make as many good decisions about how these bylaws should look for our town and strive to get there in time. I'm willing to do that because of the amount of work that we've done, that the citizens have done to raise these points, and to bring it to us to help our town move forward. I think it's doable."
A round of applause
Cavanagh moved to reject the bylaws, to a round of applause from those in the room.
Dale voted "no" after advocating the board "pause" and "take no action, purposefully."
The 3–1 vote also received a torrent of applause.
Town Manager Shane O'Keefe said he couldn't predict how long it might take the Planning Commission to make revisions.
To watch a recording of the June 17 meeting on GNAT-TV, visit youtube.com/watch?v=3CS1CwdagVc.
This News item by Virginia Ray was written for The Commons.