Development Review Board Minutes – March 18, 2015

D R A F T                                                                                                       D R A F T


Town of Newfane

Newfane, Vermont

Minutes and Decision

Appeal  15-2003

Edward Carter

March 18, 2015

Members present:   Thomas Colligan (Chair), Ed Nelson, John Mariano, Al Weisbrich, Rick Wilson

Zoning Administrator:  Merle Tessier

Others:    Edward Carter,

Also: (Hendrik W. ‘Piet’ van Loon,Chair Emeritus, & see attached sign-in sheet


Edward Carter applied on February 17, 2015 for a zoning permit to allow construction of an addition to a dwelling, a new attached garage (with a new associated driveway desired as well) at 12 Clark Farm Road (Tax Lot #00B241).

Zoning permit, #15-2003 application was denied by the Zoning Administrator on February 17, 2015 for inadequate setback from the road. The desired setback is approximately 35 feet from the center of the highway (Clark Farm Rd.) instead of the required 65 feet.

Appeal DRB 15-2 was brought by Edward Carter seeking variance from the front yard setback requirements set forth in Section 334 of the Newfane Zoning Bylaws to allow construction of an addition to a dwelling and an attached garage.

A hearing on the appeal was scheduled for this date. The warning was duly published, posted in the town and provided parties as set forth in statute (24VSA, SS4468).

The hearing was opened at 7:00 p.m.  and potential witnesses were sworn.

Mr. Colligan called attention to several details in the case that might need clarification in the course of the proceedings.  Foremost was the primary focus of the DRB is concern for safety, accessibility and placement/setback.

In light of these concerns, he inquired about the type of exterior lighting to be installed, to which Mr. Carter responded that, in essence, these would be simple over the door type lights and no problematic flood lights impinging the roadway.  Mr. Carter furthermore pointed out and explained, using  the map he provided, that the planned setback may, in actuality, be slightly more than 35 feet. It was also noted that a new driveway was to accommodate the new garage. This prompted a comment from Mr. van Loon that there is a preference for single driveways in Newfane.  However, it was noted out that the old driveway could not easily serve the new garage  and that the new driveway provided safer access to the road.

Mr. Weisbrich inquired whether the requested variance would cause any problems or objections from neighbors and other interested parties.  A response from the closest neighbor was that there was no objection to the proposed variance, and no other present party voiced an objection.

Mr. Colligan noted that, in view of the addition of a new driveway, a drive access permit will have to be obtained from the Selectboard.

Mr. Wilson motioned that the Zoning Permit be approved, pending noted condition  being met, which was seconded by Mr. Mariano and Mr. Weisbrich.


The Board finds that the Zoning Permit be approved, pending condition being met prior to the Zoning Permit taking effect.


The landowner, should he wish to continue his proposed project, must secure a new driveway access permit from the Selectboard.

Dated at Newfane, Vermont

this __18th__ day of March, 2015


Thomas Colligan, Chair

For the Board