Category Archives: Development Review Board

DRB PUBLIC HEARING NOTICE

Town of Newfane Vermont Development Review Board

The Newfane Development Review Board (DRB) will hold a public hearing at Tuesday, February 13th at 6:00 PM at Newfane Town Hall 555 Vermont Route 30 in Newfane and via Zoom. The hearing is to consider application #24-002 by David Belt for a variance to the zoning by-law to allow for the construction of a 50-foot-tall lookout tower at 21 West Street (Tax Lot #00B-043).

Per Section 310, Article 3, Paragraph 1 of the Newfane Zoning By-Laws, there is a height restriction of 35 feet for new construction in the village district. The conditions for the granting of a variance are found in Section 212.4 of the Newfane Zoning By-Laws.

 A site visit at 5:00 PM will precede the hearing.

The application to be considered at the hearing is available for public review at the Newfane Town office, Monday through Thursday from 8:00 AM to 5:00 PM.

Persons wishing to appear at the public hearing may do so in person or via Zoom as well as by a representative or attorney or through written comment.

Participation in the public hearing portion of these proceedings is a prerequisite to the right to take any subsequent appeal.

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Newfane Development Review Board
Erica Walch, Secretary
January 22, 2024

November 21, 2023, DRB Findings and Decision

Town of Newfane, Vermont Development Review Board
Hearing Regarding a Variance to Setback Requirements
Findings and Decision November 21, 2023

 

Re: Request for setback variance for construction of a balcony at 5 Baker Brook Road

Permit Application Number: 23-044

Background
Newfane Development Review Board (DRB) held a public hearing on July 26, 2023, to consider application 23-044 for a variance to the setback requirements in the Rural District and from a stream/brook.

Applicant Tara McEnroe Kent submitted documentation showing that the proposed balcony would be sited approximately 70 feet from the high water mark of Baker Brook, in line with the existing home and existing balcony/deck on another portion of the home. The applicant stated the balcony would be attached to the structure of the house and would not be attached to or touching the ground.

Guiding Policy Provisions
Town of Newfane Zoning Bylaw adopted February 19, 2015

Materials Submitted
Sketch of proposed balcony, map with measurements to Baker Brook.

Findings of Fact
The sketch and map provided and the testimony of the applicant show that there are unique physical circumstances of the land that make it impossible to develop in conformity with the provisions of the zoning bylaw and that the home already has a balcony in another portion of the building that encroaches further into the setback.

Further, because of the physical circumstances, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning bylaw.

Conclusion of Law
Based on a review of materials submitted and presented testimony, the Newfane DRB concludes this application warrants a granting of a variance as follows: “For the construction of a 7×5.5 foot balcony, to be attached to the building and not touching or attached to the ground, a variance of approximately 3 feet from the required 75-foot setback to the high water mark of Baker Brook is granted”

Decision
Application 23-044 is unanimously approved, and a variance to the setback is granted, allowing the applicant to construct a 7×5.5 foot balcony from the second floor of the house, not touching the ground.

Appeal
Pursuant to Title 24 VSA Sections 4471 and 4472, an interested person who has participated in the review of this application may appeal this decision to the Environmental Division of The Vermont Superior Court by certified mail within thirty (30) days of the date this decision is issued. A copy of the notice must also be sent to the Zoning Administrator or the Municipal Clerk, who is required to provide a list of interested persons to the appellant within five days of receipt of the Notice. The appellant is required to send a copy of the Notice via certified mail, to each interested person.

Town of Newfane, Vermont
Development Review Board
David Cotton, Chair

 

 

July 26, 2023, DRB Hearing Minutes Application 23-025

Present:
Edward Druke, Jr.(applicant)
Steven Wolf (applicant’s representative)

David Cotton, DRB Chair
Walt Dadik, DRB
Lynn Forrest, DRB Vice Chair
David Lucido, DRB
Erica Walch, DRB Secretary
Geoff van Kirk, DRB alternate
Ellen Nuffer, abutter and President of the Rolling Meadows Homeowners Association

Site Visit
A site visit to 7 Loop Rood was held at 5:00 PM. The applicant and DRB members Cotton, Dadik, Forrest, Lucido, van Kirk, and Walch were present. Abutter Nuffer was also present. Applicant showed the proposed new building, where the setback variance was requested, and how trucks would access the new site.

Minutes
The hearing was called to order at 6:00 PM and applicants and members of the public were sworn in.

Applicants explained that they propose to renovate an existing storage building, demolish a lean-to shed, and construct a new building to create a warehouse space for their business, WW Building Supply. The footprint of the new portion of the building is slightly larger than that of the previous location of their retail store.

Applicants request a variance to the village front yard setback requirement (of 35 feet from the center line of the road) for the northwestern corner of the proposed new construction. They explained and showed with architectural drawings that trucks will enter the building from the east and west ends and travel along a 20 foot wide drive in the building to load and unload building supplies. In order for the trucks to safely operate, that drive needs to be straight and wide enough to unload building materials of 16 and 20 feet in length, which necessitates the variance. Loop Road diverges from the proposed frontage of the building and as the frontage continues eastwards towards Route 30, the proposed building complies with the 35 foot setback requirement.

Chairman Cotton asked applicants if they could have a step-back on that portion of the building to be in compliance with the setback requirement and applicants explained that the interior drive was needed (as above) and also that by having anything other than a solid unbroken line of frontage would interfere with the integrity of the building’s ability to move water away and around the building, which is an integral part of the plan, due to the former structure’s permeability and susceptibility to flooding.

Nuffer, the abutter, presented concerns with the project, and applicants and DRB addressed them as follows:

  1. Heavy trucks drive up Loop Road and over the bridge in the road, which places undue wear and tear on the road and bridge and is a nuisance to homeowners. Loop Road also appears to be a parking area, due to lack of roadway markings, such as a center line or lines and sidelines.

Applicant and abutter agreed to go together to the Newfane Selectboard to see if the town would paint markings in the road and advise on signage to deter trucks from driving beyond WW. Applicant further noted that the proposed design is expected to result in fewer trucks driving on the road.

  1. Will the construction result in more congestion on the road, such that the 25 households on Loop Road will have to drive through the WW lumber yard to access their homes?

Applicants said they can ask construction vehicles to park on the back property and that the construction will be quick, but there may indeed be inconveniences.

  1. The proposed building seems closer to the road than 27 feet.

The DRB Chairman measured the front of the proposed building from the center line of the road and determined it was 27 feet (+/-).

  1. Will there be lighting on the building? It might improve public safety.

Applicants hadn’t considered lighting the front of the building, but there will be security cameras. DRB members noted that there are zoning requirements for lighting in each district.

  1. What if other Rolling Meadows residents want to ask questions?

DRB members noted that the time to provide input is at the hearing, but if neighbors have concerns or ideas, they should communicate directly with the property owner.

David Lucido made a motion to grant a 10 foot variance to the Village District front yard setback requirement for the northwest corner of the new building, with the condition that any changes to the building as presented be in compliance with the Newfane Zoning By-Law. Forrest seconded the motion and it passed unanimously.

The hearing concluded at 6:55 PM.

 

 

July 26, 2023, DRB Hearing Regarding a Variance to Setback Requirements Findings and Decision

Re: Request for setback variance for construction of a warehouse at 7 Loop Road

Permit Application Number: 23-025

Background
Newfane Development Review Board (DRB) held a public hearing July 26, 2023, to consider application 23-025 for a variance to the setback requirements in the village district.

Applicant Edward Druke, Jr. and representative Steven Wolf presented testimony at the hearing that in order for trucks to safely enter the drive-through warehouse and unload their wares, a straight 20-foot wide interior drive was required and further, that in order to make the building compliant with flood resistance and water diversion, a solid frontage is required for the proposed new building. They also noted that only part of the proposed building requires a variance to the setback requirement as the bulk of the building is sited in compliance with the setback.

Guiding Policy Provisions
Town of Newfane Zoning Bylaw adopted February 19, 2015

Materials Submitted
Preliminary plat showing the location of the proposed building.

Findings of Fact
The site plan provided and the testimony of the applicant show that there are unique physical circumstances of the land that make it impossible to develop in conformity with the provisions of the zoning bylaw.

Further, because of the physical circumstances, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning bylaw.

Conclusion of Law
Based on a review of materials submitted and presented testimony, the Newfane DRB concludes this application warrants a granting of a variance of 10 feet to the front yard setback requirement in the Village District.

Decision
Application 23-025 is unanimously approved, and a variance to the setback is granted, allowing the applicant to construct a warehouse with frontage along Loop Road that includes the northwest portion with a setback approximately 27 feet from the centerline of the road.

Appeal
Pursuant to Title 24 VSA Sections 4471 and 4472, an interested person who has participated in the review of this application may appeal this decision to the Environmental Division of The Vermont Superior Court by certified mail within thirty (30) days of the date this decision is issued. A copy of the notice must also be sent to the Zoning Administrator or the Municipal Clerk, who is required to provide a list of interested persons to the appellant within five days of receipt of the Notice. The appellant is required to send a copy of the Notice, via certified mail, to each interested person.

Town of Newfane Vermont
Development Review Board
David Cotton, Chair

 

 

Development Review Board PUBLIC HEARING NOTICE

The Newfane Development Review Board (DRB) will hold a public hearing at 6:00 PM on Wednesday, July 26 at 6:00 PM at Newfane Town Hall 555 Vermont Route 30 in Newfane and via Zoom. The hearing is to consider the application #23-025 by Ed Druke, Jr. for approval of the redevelopment of a currently vacant building at 7 Loop Road (Tax Lot #B-127) into commercial storage. The applicant is also requesting a variance to the front setback requirement.

Per section 322 of the Newfane Zoning By-Laws, commercial use in the Village District requires DRB approval. The conditions for the granting of a variance are found in Section 212.4 of the Newfane Zoning By-Laws.

A site visit at 5:00 PM will precede the hearing.

The application to be considered at the hearing is available for public review at the Newfane Town office, Monday through Thursday, from 8:00 AM to 5:00 PM.

Persons wishing to appear at the public hearing may do so in person or via Zoom as well as by a representative or attorney or through written comment.

Participation in the public hearing portion of these proceedings is a pre-requisite to the right to take any subsequent appeal.

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Newfane Development Review Board
Erica Walch, Secretary
July 6, 2023

Town of Newfane, Vermont Development Review Board Otis Lane Subdivision Hearing

Hearing Minutes & Conditional Findings July 5, 2023

Re: Minor subdivision of Tax Lot ID D-001
Permit Application Number: 23-015

Present:
Beckley Gaudette (applicant)
David Cotton (DRB Chairman)
Lynn Forrest (DRB Vice Chair)
Erica Walch (DRB Secretary)
Walt Dadik (DRB Member)
David Lucido (DRB Member)
Carleen and Bucky Pelsue (abutters)
Alice Ryan (abutter)

The meeting was called to order at 6:00 PM and all present were sworn in. The Chairman gave a summary of the application and applicant affirmed that summary was correct. Chairman also noted that once land is subdivided, it cannot be further subdivided in the following five years and applicant acknowledged understanding of that restriction.

Applicant desires to make a minor subdivision of a 102 acre parcel, Tax Lot ID# D-001. Applicant resides on this parcel and will continue to do so while making two new lots on the Otis Lane side of the land. Applicant is not developing the land further but intends to sell undeveloped, unimproved land.

One parcel is irregular and applicant noted that is due to following existing stone walls, which is allowed under Section 5.4.3 of the Subdivision Bylaw.

All DRB members present reviewed Article 4 of the Newfane Subdivision Bylaw and noted that certain components of the Plan were missing and are required to be submitted to the DRB in order for a final decision to be made. Applicant noted that the surveyor cannot be reached, but that all of the missing components are in Town Hall records and can be collected by applicant.

With that noted, Lucido moved to accept the application with the following conditions:

That within 30 days of July 5, 2023, applicant submit a full Subdivision Plan to the DRB which includes the following items:

(1) From Section 4.3 of the Newfane Subdivision Bylaw: “One or more maps or                                    drawings containing or accompanied by typewritten information that contains:

• The number of acres within the original parcel; location of existing property lines; existing easements, deed restrictions, and existing features, including buildings, wooded areas, streets, water courses and wetlands, existing foundations and other existing physical features, including prime and statewide agricultural soils

• All parcels immediately adjacent to the proposed subdivision, including those separated by a public or private right-of-way, with the names and addresses of owners of record of such adjacent acerage.

• Any zoning district boundaries applicable to the proposed subdivision.

• Location and size of any existing individual or community sewage disposal systems, wells, culverts, and drains on the property to be subdivided

• The proposed lot lines.

• A vicinity map drawn at the scale of not over 1,000 feet to the inch showing the relation of the proposed subdivision to the adjacent properties and to the general surrounding area.

• Name and address of the proposed subdivision.

• Name and address of person or firm preparing the map

• Total acerage of the subdivision and each proposed lot with lots numbered and identified.

(2) From Section 3.3.1 of the Newfane Subdivision Bylaw: A copy of the current                                      deed (a required component of all Zoning Permit Applications)

Forrest seconded the motion and it passed unanimously.

Once the required documentation has been received by the DRB, at least two members will review it and if all conditions are met, the final decision will be issued.

The hearing was closed at 6:45 PM

Respectfully submitted,
Erica Walch, DRB Secretary

Development Review Board Organizational Meeting Minutes June 13, 2023

Present:
David Cotton, Chair DRB
Walt Dadik, DRB
Erica Walch, Secretary DRB

Beckley Gaudette

Minutes

The meeting was called to order at 6:02 PM by Chairman Cotton.

Beckley Gaudette came before the DRB to clarify what she needed to present to DRB as part of an upcoming application for a subdivision. This is allowed by Section 3.2 of the Newfane Subdivision Bylaw, adopted 2007.

DRB members referred Ms. Gaudette to Sections 3 and 4 of the Newfane Subdivision Bylaw, including the checklist of plan requirements in Section 4.3 and suggested she check with an attorney to further clarify the submission requirements, if needed.

After Ms. Gaudette left, the DBR members confirmed that David Cotton will stay on as Chairman and Erica Walch will stay on as Secretary.

At a future meeting, the full DRB members will again review some revisions to the DRB application form in hopes of making it easier for applicants to understand the zoning bylaws in advance of their hearings.

Chairman Cotton mentioned some possible applications coming up in the pipeline.

Walch mentioned attending a Planning Commission meeting about revisions to the flood zoning regulations and said she will try to keep up to date on any developments on that front.

Meeting was adjourned at 6:40 PM.

Tuesday, June 13, 2023, at 6:00 PM Development Review Board PUBLIC MEETING NOTICE

PUBLIC MEETING NOTICE

The Newfane Development Review Board (DRB) will hold an organizational meeting on Tuesday, June 13, 2023, at 6:00 PM at Newfane Town Office, 555 Vermont Route 30 in Newfane, and via Zoom. The hearing is to consider organizational matters of the board and to meet with a prospective applicant, Beckley Gaudette, who has asked for a pre-application informational meeting about a possible subdivision of undeveloped property on Otis Lane, Tax Lot ID# D001.

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Newfane Development Review Board
Erica Walch, Secretary
May 23, 2023

Development Review Board PUBLIC HEARING NOTICE Tuesday, April 18, 2023, at 6:00 PM

PUBLIC HEARING NOTICE

The Newfane Development Review Board (DRB) will hold a public hearing on Tuesday, April 18, 2023, at 6:00 PM at Newfane Town Office, 555 Vermont Route 30 in Newfane, and via zoom. The hearing is to consider the application of Todd Swim for approval of an application for a variance of the zoning law, for the premises located at 89 Timson Hill Road, Newfane, Tax Lot ID# D-66.

Per section 334 of the Newfane Zoning By-Laws, a setback of 65 feet from the centerline of road is required for new construction; the applicant is requesting a variance to instead have a 35 foot setback from the centerline of the road.

A site visit at 3:00 PM will precede the hearing.

The application to be considered at the hearing is available for public review at the Newfane Town Office, Monday through Thursday from 8:00 AM to 5:00 PM.

Persons wishing to appear at the public hearing may do so in person or via zoom as well as by a representative or attorney or through written comment.

Participation in the public hearing portion of these proceedings is a pre-requisite to the right to take any subsequent appeal.

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Newfane Development Review Board

Erica Walch, Secretary

March 30, 2023

DRB Permit Application Number: 23-01 Findings and Decision March 5, 2023

Town of Newfane, Vermont Development Review Board Appeal of Zoning Administrator Decision Findings and Decision  March 5, 2023

Re: Change of use from food service to retail Permit Application Number: 23-01

Background
Newfane Development Review Board (DRB) held a public hearing February 7, 2023 that was continued to March 1, 2023 to consider appeal of the Zoning Administrator’s action regarding application 23-01 for the change of use from food service to retail at 386 VT Route 30, Newfane (Tax Lot ID# 00D175). Per section 333 of the Newfane Zoning By-Laws, a change of use for a commercial establishment requires DRB approval.

Appellant MJJ Realty LLC (represented by member Jason Freeman) proposes to operate a cannabis retail store at the site of a former restaurant, subject to any and all applicable local, state and federal permit approvals.

Guiding Policy Provisions
Town of Newfane Zoning Bylaw adopted February 19, 2015

Materials Submitted
Preliminary plat showing, among other things, property lines, sketch of right-of-way and parking area.
Findings of Fact
The site plan provided shows adequate parking, trash screening, and lighting for the business per the Newfane Zoning Bylaw

Conclusion of Law
Based on a review of materials submitted and presented testimony the Newfane DRB concludes this application as proposed and when finalized and implemented in accordance with the conditions below does meet town of Newfane zoning criteria.

Decision
Application 23-01 is unanimously approved

Appeal
Pursuant to Title 24 VSA Sections 4471 and 4472, an interested person who has participated in the review of this application may appeal this decision to the Environmental Division of The Vermont Superior Court by certified mail within thirty (30) days of the date this decision is issued. A copy of the notice must also be sent to the Zoning Administrator or the Municipal Clerk who is required to provide a list of interested persons to the appellant within five days of receipt of the Notice. The appellant is required to send a copy of the Notice, via certified mail, to each interested person.

Town of Newfane Vermont
Development Review Board
David Cotton, Chairman

 

DRB Hearing Minutes March 1, 2023, Application 23-01 Part Two

Newfane Development Review Board Hearing Minutes March 1, 2023 Application 23-01

Present:
Jason Freeman, Michael Freeman (members of MJJ Realty LLC), George Lazarakis, David Cotton (DRB Chair), Walt Dadik, DRB, Lynn Forrest, DRB, David Lucido, (zoom) DRB, Erica Walch (DRB Secretary), David Hull (zoom) DRB Alternate)

Town Officials Merle Tessier (zoom) (Newfane Zoning Administrator), Wannetta Powling (Admin Asst to Newfane Selectboard),
Others, In-person: Aurelia Simonds, Tristan Simonds (abutters), Via Zoom: Attny. Sandy Shriver

Minutes
The hearing was called to order at 6:00 PM and applicants and members of the public were sworn in. The DRB unanimously approved the minutes from the first date of this hearing (February 7, 2023).

This hearing had been continued from February 7, 2023. The applicants were asked to bring a revised application and site plan, which they did.

Applicants were joined by Attorney Sandy Shriver, who was representing the applicants and the abutters (Aurelia and Tristan Simonds). Atty Shriver informed the board that the easements on the two deeds allow for parking on the land owned by the Simonds. He further informed the DRB that the applicants are in the process of purchasing that land (parking area) from the Simonds’. There is a delay due to the lack of available surveyors. Once the land is surveyed, the transaction will occur. The DRB was provided with an Agreement to Adjust Boundary Lines related to that pending transaction.

Upon review of the newly submitted plans and application, the DRB decided unanimously that the change of use was permitted, the parking as described was adequate, the trash screening conforms with the by-laws, and the lighting proposed does, too.

The application was approved unanimously and the hearing was adjourned at 6:20 PM.

DRB Hearing Minutes February 7, 2023, Application 23-01

Newfane Development Review Board Hearing Minutes February 7, 2023 Application 23-01

Present:
Jason Freeman, George Lazarakis, Antonio Ciolfi (z) (applicants), David Cotton (DRB Chair),
Walt Dadik, DRB,,Lynn Forrest, DRB, David Lucido, DRB, Erica Walch (DRB Secretary)
Geoff Van Kirk (DRB Alternate), David Hull (z) DRB Alternate), Merle Tessier (z) (Newfane Zoning Administrator), Wannetta Powling (Admin Asst to Newfane Selectboard)

In-person: Paul Dutton, Wendy Dutton (abutters), Tristan Simonds (abutter), Priscilla Cotton

Via Zoom: Attny. Bailey LaFlam and Attny. Andrew Subin from Vermont Cannabis Solutions, on behalf of applicants, Jean Pollock, Beckley Gaudette, Aurelia Simonds (abutter)

Site Visit
A site visit to 386 VT Route 30 was held at 3:00 PM. Applicant showed the proposed layout, including parking area.

Minutes
The hearing was called to order at 6:00 PM and applicants and members of the public were sworn in. The application before the DRB was for a change of use from restaurant to retail and the application listed Cynthia Hubert as the property owner and Michael Freeman as the applicant. Jason Freeman, who appeared in person, stated that when the application was submitted, the sale of the property had not been finalized, but it has now been closed. Applicants were asked to resubmit application that reflects current ownership and proposed use of the property.

A review of the tax map showed that the parking area for the proposed retail store is owned by abutter Tristam and Aurelia Simonds. The applicant presented the deed to their property which includes easements and rights of way for the abutters to access the applicant’s property, but did not present a deed for the parking area (owned by abutters) showing easements or rights of way for the business to park in the parking area. It is understood that there was some such agreement in place for the previous owner of the property (operating as Rick’s Tavern). Tristam Simonds, the owner of the parking area, said he had not been approached by the applicant about using the land for parking.

The applicants gave details about the exterior of the building, which would not undergo any immediate changes, but they stated they might re-side the building in the future. DRB Chairman noted that the site plan was unclear and asked applicants to meet with their architect/planner and present a clearer site plan with parking, entrances and exits along with screening for trash areas with new application.

DRB noted that signage falls under a separate permit application and the rules can be found in section 460 of the Newfane Zoning Bylaw, trash screening can be found in section 452.3 and exterior lighting in section 480.

DRB Chairman asked abutters if they had any comments. Duttons said they had nothing to say. Tristan Simonds asked about an ADA plan and applicants said the Fire Marshall had approved their plan.

DRB Chairman asked for comments from other members of the public. Jean Pollock, Newfane resident, noted her concerns about impaired driving from cannabis customers consuming the product in their cars. Attorneys LaFlam and Subin and applicant Ciolfi noted the strict VT laws prohibiting consumption of cannabis products on the grounds or parking areas of retail stores and stated there would be signage indicating that.

After no additional comments were made by the public, the DRB Chairman continued the hearing without finding until March 1, 2023 at 6:00 PM, at which time the applicants should come back to the DRB with a new application (listing current owner of the building and the proposed usage including lighting, trash screening and parking), a written agreement or legal documentation of easement rights to use the parking area owned by the Simonds, and a clear site plan.

Continued without a decision until March 1, 2023.

Development Review Board Public Hearing, March 1, 2023,

PUBLIC HEARING NOTICE

Town of Newfane Vermont
Development Review Board
P.O. Box 36
Newfane, VT 05345
(802) 365 7772
Fax (802) 365 7692

The Newfane Development Review Board (DRB) will hold the continuation of a public hearing that started on February 7, 2023, on Wednesday, March 1, 2023, at 6:00 PM at Newfane Town Hall 555 Vermont Route 30 in Newfane and via zoom. The hearing will continue to consider the application of Michael M. Freeman for approval of an application for a conditional use/change of use from restaurant to retail cannabis, for the premises located at 386 VT Route 30, Newfane, Tax Lot ID# 00D175.

Per section 333 of the Newfane Zoning By-Laws, a change of use for a commercial establishment requires DRB approval.
The application to be considered at the hearing is available for public review at the Newfane Town office, Monday through Thursday from 8:00 AM to 5:00 PM.

Persons wishing to appear at the public hearing may do so in person or via zoom as well as by a representative or attorney or through a written comment.

Participation in the public hearing portion of these proceedings is a pre-requisite to the right to take any subsequent appeal.

To participate via zoom: Join Zoom Meeting
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Meeting ID: 264 247 7645
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Newfane Development Review Board
Erica Walch, Secretary
February 22, 2023