Back to Article 4: Citizens Petition Amendment #7

Citizen’s Petition #7:

To amend the zoning ordinance by inserting the following Section 704.2.7 to read: In the Residence Districts A, B, C and Rural District there may be the outdoor parking of one Commercial Vehicle used by a full time resident at the property subject to the following:

704.2.7.1 The Commercial Vehicle shall not exceed more than 8000 pounds gross vehicle weight (GVW)

704.2.7.2 Where a rear yard is reasonably accessible or a side yard is of sufficient size to accommodate the Commercial Vehicle, the Commercial Vehicle shall not be stored in the front yard of the lot.

704.2.7.3 Commercial Vehicles performing work on a lot pursuant to a valid permit issued by the Town of Windham may remain temporarily on the lot during the construction process.

704.2.7.4 Dumpsters and storage units shall be permitted only on a temporary basis not to exceed, in the aggregate, 60 days in a given calendar year.

Ms. Skinner read Citizen’s Petition into the record.

Mr. Sneider asked what the Board does with unregistered vehicles and vehicles that cannot be registered; for example, tractors-vehicles that cannot be driven on the road. Ms. Scott explained that the Town waits for code enforcement complaints. There are two situations: One where the vehicle is for personal use and one where it is part of the person’s business. They have been addressed on a case by case basis. The intent of the Board was to keep the Ordinance for registered vehicles with axels. The Town allows one unregistered vehicle on a property.

Vice-Chair Crisler opened the Hearing to the Public.

Mr. Belair said they had tried to take a balance approach and not be overreaching. This petition goes hand in hand with #6 and is not meant to limit anyone’s ability to make an honest living and park overnight. They simply meant to tighten up the Ordinance.

Mr. Blanchette noted that Windham will not hire an 8,000 pound truck to plow for them, because they are too small. Now the plowing would have to be done by out of towners.

Mr. LoChiatto asked of our Town so unbearable that we need to change it. If I want to buy a larger truck, do I now need to buy another vehicle to drive to it at its storage place?

Mr. Dubay thinks this is a gripe between neighbors. The intent may not be to prevent him from his machines, but a new neighbor may not like it. His previous answer about “intended” has not been answered and the definition does not address it. Sixty days is not enough if you’re doing a major house renovation.

Ms. Scott located two places in the zoning regulations about the unregistered vehicles. It will be deleted from one place and remain in the parking regulations section.

Ms. Senibaldi asked if the Board will discuss vehicle weight in the future; Yes. He said that the average truck for anyone in a small business is between 10-16 GVW. The 60 day allowance for a dumpster is unreasonable. It takes 6-8 months to build a house and often longer when doing a roof. He urged the Board not to support this Petition #7.

Mr. Bauchman who has received approval to have 3 vehicles outside and then to build a garage for them thinks this an argument between neighbors.

Vice-Chair Crisler closed the Public Hearing.

Ms. Webber read from Attorney Campbell’s memo where it stated, “…I deem it to be unenforceable provisions.”

Ms. Webber motioned to not support Petition #7. Seconded by Mr. Wrenn.

Ms. DiFruscia urged the concerned people to come to the Board and work with them to develop a fair, reasonable, and balanced proposal for all parties. She does find it somewhat overreaching.

Vice-Chair Crisler thought it is unfortunate that the petition could not be modified. There is a lot of value in it.

Motion passed: 7-0