By Tara Fischer

Staff Writer

(Oct. 22, 2026) Berlin’s Planning Commission last week discussed the possibility of basing the zoning code on a building’s size and appearance rather than how it is used.

Called “form-based zoning,” this modern approach to development would encroach on residential areas, commission members said, adding that neither the town nor its citizens had reviewed the process — despite it being incorporated into a draft comprehensive plan.

Councilman Matt Stoehr, the commission’s former chair, raised the issue at the group’s Oct. 14 meeting. Dominating the session was talk of Berlin’s efforts to update its comprehensive plan, the document that guides the town’s vision for growth, infrastructure investments, and preservation.

Stoehr took issue with the plan’s recommendation to change how the municipality approves development projects.

During public comments, the councilman argued that Mead & Hunt, the firm hired by the town to overhaul its comp plan, prematurely incorporated into its draft a hybrid form-based code—a zoning type that emphasizes a structure’s appearance rather than its use, like residential or commercial.

Traditionally, the primary zoning consideration is whether the intended purpose of a structure is similar to those surrounding it. Mead & Hunt suggested the zoning modification when representatives presented their initial comprehensive plan draft in August.

At that meeting, planning commission members worried the zoning method would wreck residential neighborhoods with higher density, as it could allow offices or triplexes to be built next to houses.

Stoehr this week said the code was included in Mead & Hunt’s comprehensive plan without public or town participation.

“The comprehensive plan should remove every single mention of form-based coding from the plans,” Stoehr said. “This was never discussed with the planning commission or in public…This is a complete 180 of our current zoning system…The vast potential changes to all of the zoning, especially the R-1 and R-2 zoning districts, are unfathomable and a complete [disregard] of Berlin’s way of life.”

He also noted the overhead expenses of transitioning to form-based zoning would be too costly.

The Eastern Shore towns of Cambridge, Salisbury, and Easton have explored the modern development technique, but Stoehr said using these municipalities as a feasibility test is impractical, as they have far more residents.

For instance, approximately 33,000 people live in the City of Salisbury, while only around 5,000 reside in the Town of Berlin.

Commission member Newt Chandler maintained his concern stems from the impact a form-based code could have on residential areas. While Mead & Hunt in August argued the change could increase walkability, housing options for young or lower-income families, and infill development, Chandler said density and compression could damage Berlin’s historic small town character.

Additionally, Stoehr said that if the zoning code is included in the town’s guiding framework, the town must first hold conversations with all interest groups.

“Before this can be entered or even mentioned in the town’s comprehensive plan, there must be buy-in from the town’s staff, planning commission, and town council,” he said. “You are asking us to change one of the foundations of Berlin.”

Chandler agreed, saying, “Even if we were going to consider it, no one knows what it is.”

A broader dialogue on the new comprehensive plan’s creation was also discussed last Wednesday.

 Commissioner Logan Hall said he’s concerned that the group hasn’t had enough collaboration with Mead & Hunt during the document’s drafting process.

“My bigger issue with the comp plan is that nine months went by from when we first sat down and talked about it to then something was presented to the public for us there, and we hadn’t seen or been a part of that conversation,” he said.

Hall added that the document’s quality has suffered because of the commission’s lack of involvement. He noted that the August draft spent limited time on sidewalks and other transportation issues, despite 96% of residents identifying the topic as their top concern.

Town staff said Mead & Hunt plan is to submit an updated draft to the commission in time for its Nov. 18 meeting. The firm will join virtually to go over the document. The goal is for the firm then to forward the plan to the council for review.

The commission, however, through municipality staff, has asked Mead & Hunt to submit their new comp plan early so they have time to review the details ahead of the November meeting.