WINDHAM – Once a hotly contested issue within Windham’s business community, so-called “Design Standards” are back before the Windham Town Council, with discussion set to begin Tuesday.

The standards, which would regulate the appearance and materials used for new commercial construction and renovations, were first discussed in the early 2000s in an attempt to rein in what was seen as unappealing construction techniques used by developers especially in the commercial zones of North Windham.

The initiative failed due to business owners’ charges of overregulation on the part of the town government. Since 2005, Windham has used a set of less stringent design guidelines, which offer building designers a set of suggested materials and construction techniques.

The issue of instituting a set of standards came back last year at the request of then-Council Chairman Bill Tracy, who served as the town’s economic development director during the original effort to impose standards. For the last year, the Planning Board has been developing a set of standards, an effort board Chairman David Nadeau said has “been extremely hard deciding what were going to be standards and what weren’t.”

In the end, the board devised a plan that offers different levels of requirements for commercial buildings in the town’s three commercial districts, with the heaviest regulation on Commercial-1 zones and the least regulation on C-3 zones. C-1 property tends to be more expensive and is designed for retail, industrial or other traffic-generating businesses. C-2 is considered a mix of commercial businesses and homes acting as a buffer between the C-1 district and residential areas. And C-3 is a mix of small businesses and single-family homes.

The resulting “point system” is a balance between requirements and suggestions. The proposal would force developers to adhere to certain requirements while allowing for some creativity in other areas.

While all new construction would have to meet the new standards, the council will need to decide the level at which renovation projects trigger the standards.

While there are many topics the standards address, one mandatory building requirement under the proposed system would be the elimination of flat-roofed buildings in all commercial areas. Napa Auto Parts, Home Depot, Lowe’s and the now-vacant Tim Horton’s each have flat roofs. The new set of standards would require either pitched roofs or, for larger projects, facades that mimic the look of a pitched roof.

Nadeau said the driving design behind the standards is the “New England village” look.

“The idea here is, do you want to allow anything? Do you want to allow a Quonset hut?” he said. “We’re at the beginning of this conversation, but we wanted to put something on the table so people could talk about it.”

Overregulation

Councilor Peter Anania, who owns several businesses in South Windham, is firmly against the idea of mandating a set of design requirements because he feels the mandate of using high quality building techniques and materials would be too costly for small businesses.

“As a local business person, I feel it is an infringement on private property rights,” he said. “I think it will hurt Windham. Yes, the banks, the big box stores and the different national franchises will be able to comply, but it will hurt the local person wanting to improve their property. It will also stifle creativity. Anybody with an idea that does not fit in with a small group’s idea of what Windham should look like would not be able to build their creative design.”

Nadeau counters that the standards would actually boost the local economy by protecting business owners who build visually appealing structures.

“There are definitely two sides to it, but I’m on the side that we should be protecting the business owner who puts up a nice building. They say we’re taking people’s rights away, but what about all the other people’s rights if they’re expecting the town to look a certain way.”

Nadeau added that the standards would likely cost developers more, but, he said, “That’s the cost of doing business.”

Council Chairman Scott Hayman said he is favor of “some design standards” but he is looking forward to a fuller discussion set to commence at the April 12 meeting.

He agrees with Nadeau that standards would prevent shoddy construction, but he also doesn’t want to discourage businesses from locating in Windham due to construction requirements.

“It’s a tough balance, and it’ll be a tough decision because we as a town have to start somewhere regarding the issue of dressing up the town,” Hayman said. “But I’m also not in favor of driving the cost of development and we certainly don’t want to drive businesses away.”

When asked to comment on the matter, Economic Development Director Tom Bartell said, “If developed appropriately, and implemented consistently as part of an overall development/redevelopment plan for a commercial district, design standards can work. If done incorrectly, however, design standards could lead to a ‘plastic’ look of sameness, inappropriately placed false facades and fake dormers that look out of place. “If we restrict building design and also sign design, it will become very difficult for businesses to distinguish themselves in a crowded marketplace.”

On the other hand, Bartell added, “good design standards around pedestrian access, parking lot design, storm-water management, snow management, etc. can make for a more enjoyable customer experience and help mitigate some environmental concerns.” Overall, the impact on future development will depend greatly on what standards are put in place, and what development or redevelopment triggers the implementation of the standards. Whatever is put in place, if anything, will need to be carefully considered with input from development and retail practitioners as well as residents and customers.”

Hayman is hoping to hear more from the business community as the council debates the issue.

“It is early in the process and I really hope people come and help us in this decision,” Hayman said. “I don’t think it’d be fair for the seven of us on the town council or the seven members on the planning board to make this decision alone without receiving input from the community.”