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
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
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.
Application 23-01 is unanimously approved
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