DRB weighs municipal limits and state on‑farm exemptions during two hearings

During hearings on June 11 the DRB discussed how state statutes and agency guidance affect municipal review of on‑farm businesses and wetlands setbacks.

Zoning Administrator Stephen Rooney explained that state letters and farm determinations inform municipal review but that VSA Title 24 requires the town to make the final determination whether an operation qualifies as a farm and thus is eligible for certain exemptions. Rooney also referenced Exhibit J and a State wetlands office opinion that a state wetlands permit would not be required if 60 feet is kept from a particular birch tree identified in the exhibit. Board members asked whether the DRB must explicitly apply the criteria in Section 342.B; Rooney said the DRB can place restrictions similar to other business uses but may not outright deny an operation that otherwise qualifies for the exemption.

Members used that framework to review both the Mendell and Haney applications: the Mendell matter resulted in approval with a draft decision to be prepared for signing, while the Haney application was accepted as complete for further deliberation. The board noted that although state determinations are informative, local application of the bylaws and final municipal findings are required before final permits are issued.