Town of Newfane Development Review Board

P.O. Box 36 Newfane, VT 05345

(802) 365 7772 / Fax (802) 365 7692

January 16, 2021

 Subject:

Decision of the Development Review Board (DRB) regarding appeal of Zoning Application 20-0043

Background

Zoning Application 20-0043 is for a food takeout shed operated as a home business on a non-conforming lot at 492 Vermont Route 30 in the rural district.  The zoning administrator denied the application on November 17, 2020 and applicant appealed the decision to the Development Review Board (DRB).   The appeal was heard at a public hearing convened on December 17, 2020 and continued to January 14, 2021.   On January 14, DRB voted to allow issuance of a zoning permit for this project.

 Development Review Board Decision

Effective January 14, 2021:

Zoning permit #20-0043 is approved with the following conditions:

1. That the food shed be situated as close as possible to the location shown on the Google map submitted in connection with this application.
2. That the zoning administrator be notified prior to any proposed relocation of the shed.

Further, the Board specifically notes that approval of this permit constitutes granting a variance from the Newfane zoning bylaw in that the subject lot does not meet current acreage and/or setback requirements.

Findings of Law

1. Proposed location of the shed does not comply with the Newfane Zoning Bylaw with respect to setback (35 feet proposed vs 65 feet per the bylaw) and lot area (less than 1-acre actual vs 2 acres per the bylaw).
2. Newfane Zoning Bylaw allows home businesses and food service establishments as conditional uses in this district.

Findings of Fact

1. The proposed location is on a main highway with some existing commercial development
2. The applicant has developed a workable parking and traffic management plan that can be accommodated by the limited space available.
3. The proposed use is consistent with the essential character of the neighborhood.
4. The proposed site plan represents the least deviation from the zoning bylaw that will accommodate this project
5. Unnecessary hardship has not been created by the applicant

 Appeal of this Decision

In accordance with Title 24 VSA, Section 4471, an interested person who has participated in the Public Hearing of this matter may appeal this decision to the Environmental Division of the Vermont Superior Court by filing a Notice of Appeal directly to the Court within thirty (30) days of the decision.

Participation in the referenced hearing shall consist of offering oral or written testimony, evidence or a statement of concern related to the subject of the hearing.

Newfane Development Review Board

David Cotton, Chairman

The Newfane Development Review Board will hold a public hearing as a Zoom electronic meeting on Thursday, December 17, 2020 at 6:30 pm to consider appeal of the Zoning Administrator’s rejection of Zoning Permit Application 20-0043.

Applicant Alan Scott-Moncrieff is seeking approval to operate a home business providing food take-out with window service only.  The business would be located in a 48 square foot garden shed to be added to the same property as Mr. Scott-Moncrieff’s residence at 492 Vermont Route 30, parcel D-145.

The hearing will be preceded by a site visit a 3:00 pm   Facemasks must be worn and social distancing is required.  Alternately, individuals may make site visits on their own prior to the meeting.

use link below to join the hearing at 6:30 December 17th.

Join Zoom Meeting https://zoom.us/j/95877620226?pwd=ODJvUDF5ZVFPMGlEYlVNZzNDczdCZz09

The application to be considered at the hearing is available for public review at the Newfane town office.   Copies may also be obtained by contacting the Newfane Administrative Assistant at:  tnewfane@newfanevt.com or 802 365 7772 extension 4 during business hours Monday thru Thursday. Participation in the public hearing portion of these proceedings is a prerequisite to the right to take any subsequent appeal.

Persons wishing to appear and be heard at the Zoom Public Hearing may do so in person, by a representative or attorney or through written comment.

Newfane Development Review Board

Walter Dadik, Secretary

November 23, 2020