Notice of Development Review Board Decision

December 21, 2021

Background
Newfane Development Review Board (DRB) held a public hearing November 23, 2021 to consider appeal of the Zoning Administrator’s action regarding application 21– 034 for a 3 lot subdivision at 524 Vermont route 30.

Appellant Daryl Johns proposes to subdivide the 10.3 acre property into a total of 3 lots. The Zoning Administrator did not approve this application because the Newfane Subdivision Bylaw requires Development Review Board approval for more than 2 lots.

Guiding Policy Provisions
Town of Newfane Zoning Bylaw adopted February 19, 2015
Town of Newfane Subdivision Bylaw adopted October 4, 2007

Materials Submitted
Preliminary Subdivision plat showing, among other details, proposed lot boundaries and access easement, proposed leach field locations, existing house and barn on lot 3 and location of one proposed house each on lots 1 and 2.

Findings of Fact
Only lot number 1 with the existing house and barn has frontage on a public road. Applicant has proposed an access easement to provide road access for lots 2 and 3. As proposed, each of the 3 lots would contain portions of this easement.
The proposed leach area for lot 2‘s septic system is partially located in lot 1 The owner is pursuing approvals for septic system and access to route 30

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 subdivision criteria.

Decision
Application 21-034 is unanimously approved subject to the following conditions:

  1. Approval is subject to any and all applicable local, state and federal permit approvals
  2. Boundary between lots 1 and 2 is to be adjusted so lot 2’s leach field will be entirely located in lot 2
  3. Boundary of access easement is to be adjusted so the entire access easement is located within lot 3’s boundaries
  4. The preliminary subdivision plat is to be revised and subsequently approved by the DRB Chairman and at least one DRB member who participated in the hearing of this application to confirm the plat incorporates conditions 2 and 3 described above.

Confirmation
Subsequent to the DRB hearing, Chairman Cotton and DRB member Walter Dadik reviewed the revised preliminary subdivision plat and confirmed it incorporates conditions 2, and 3 described above.

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 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