Development Review Board (DRB) Decision regarding appeal of Zoning Application 20 -0001

Subject:

Development Review Board (DRB) Decision regarding appeal of Zoning Application 20 -0001

Background

Application 20-0001 is for change of use at 25 Moss Hollow Road from residential to commercial in order to allow operation of a Wellness Retreat/Nature Retreat as described by the appellant, Kathy J. La Bombard in her application and at the public hearing for this appeal on July 30, 2020.

Findings

  1. The property is located in Newfane’s Rural District and is part of an established neighborhood with rural character.
  2. The appellant wishes to operate a Wellness Retreat/Nature Retreat as a conditional use utilizing the existing residential facilities at 25 Moss Hollow Road.
  3. The appellant described her proposed use as an opportunity for small groups of healthy people to spend 3 to 5 days in nature and the surrounding community while focusing on their own well-being
  4. Section 331 of the Newfane Zoning Bylaw allows limited commercial uses in the Rural District that avoid unreasonable burdens on town roads and services or other adverse impacts on the rural character of the district.
  5. Section 212 / 5 /a of the Newfane Zoning Bylaw requires review of any proposed conditional use to determine whether it adversely affects:
  •  Capacity of existing community services or facilities
  •   Character of the area as defined by the purpose of the zoning district and specifically       stated  policies and standards of the Town Plan
  •   Traffic on roads and highways in the vicinity
  •    Any bylaws and ordinances of the Town of Newfane then in effect
  •    Utilization of renewable energy sources

 Conclusions

  1. The proposed conditional use is consistent with that of a Lodge/Inn whose function is providing their guests a program of organized group activities.
  2. In order to meet criteria of Zoning Bylaw Sections 331 and 1 / 5 / a and to limit adverse impacts on the rural character of the area, it is necessary to apply conditions to the proposed commercial use that limit its size and scope while preserving the overall rural character of the neighborhood.

Decision

Effective August 27, 2020, the Newfane Development Review Board  approves, with the following conditions, the application of Kathy J. La Bombard for change of use from residential to commercial (Wellness Retreat/Nature Retreat) at 25 Moss Hollow Road (also known as Moss Hollow Lane).

This approval is subject to the following conditions:

  1. The number of Retreat Session participants including leaders shall not exceed seven (7).
  2. Use of the property for Retreat Sessions shall be limited to twelve (12) days per calendar month.
  3. When travelling to or from the property for off-site activities, participants shall car pool to the extent possible with no more than two (2) vehicles involved.
  4. Noise generated by operations shall at no time exceed seventy (70) decibels measured at the property line.
  5. On-site parking shall be limited to seven (7) vehicles.

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