Findings and Decision August 11, 2024
Re: Request for approval of a revised site plan, per VT Environmental Court Order (Docket 21-ENV-00060, Dated May 31, 2023).
Permit Application Number: 24-018
Background
Newfane Development Review Board (DRB) held a public hearing on July 16, 2024, continued to August 6, 2024, to consider application 24-018 for a revised site plan for the Higher Ground Natural Burial Cemetery, part of the Manitou Project, Michael Mayer applicant.
On May 31, 2023, the Vermont Superior Court, Environmental Division, issued an order for the Town of Newfane to issue a zoning permit to Higher Ground Conservation Cemetery Association for conditional use provided that 24 conditions were met. One of those conditions (#8) was to seek a Jurisdictional Opinion from the VT Act 250 District Coordinator that any changes to the site plan agreed to on 5/31/23 were immaterial and thus not requiring another revised site plan. Another condition (#23) ordered the applicant to present a revised site plan to the DRB, and for the DRB to then approve that revised site plan, so that it will comport with the stipulated zoning permit.
As the Jurisdictional Opinion had not arrived by the July 16, 2024 hearing, and because it was not clear to the DRB which site plan was the one referred to in the May 31, 2023 court order, the hearing was continued.
Guiding Policy Provisions
Vermont Superior Cout, Environmental Division, Order 21-ENV-00060, May 31, 2023.
Materials Submitted
Multiple site plan revisions, letter and testimony from Hodgman Engineering & Permitting, LLC, Act 250 Jurisdictional Opinion JO 2-354 (for permit number 2W1278-2).
Findings of Fact
At the August 6, 2024 hearing, the JO was received, indicating which revised site plan was referred to (the one dated 11/16/23) and that said plan contained only minor modifications and thus, did not require a new Act 250 permit.
Conclusion of Law
Based on a review of materials submitted and presented testimony, the Newfane DRB approves the revised site plan dated 11/16/23, in accordance with the Environmental Court order.
Decision
Application 23-018 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, Chair