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Planning Commission advances draft Design Overlay District language on fences, review role, fees and waivers
Summary
The Planning Commission continued its multi-part review of a Design Overlay District, agreeing to propose permit review for fences over 4 feet in the district, to designate the Development Review Board as the Appropriate Municipal Panel (AMP), and to add review procedures, fee and documentation requirements, and a waiver process for design standards.
The Town of Lyndon Planning Commission continued a multipart review of a proposed Design Overlay District on May 27, 2026, discussing fence permitting thresholds, which body will perform design review, the review procedure for small and large projects, fee and documentation requirements, and a waiver process for design standards.
On fences, commissioners returned to a prior question about whether walls and fences should be treated as structures. Under current bylaws, walls and fences are not considered structures and do not require permits. The commission agreed language should be proposed to require review for fences over four feet high within the design overlay district and to add the following formulation into the bylaw: “for the purpose of this bylaw, the term structure does not include a wall or fence unless it is both located in the design review district and over 4 feet high”. Heather Carrington will draft the specific amendment language for the commission to review.
The commission also decided to designate the Development Review Board (DRB) as the Appropriate Municipal Panel (AMP) to carry out design review, citing the advantage of using an existing body that already reviews permits instead of creating a new volunteer panel. Commissioners discussed incorporating design review into the DRB’s existing procedures (subdivision review, site plan review, planned unit developments), requiring design review for one- and two-household dwellings in the overlay district while allowing administrative review for walls, fences and small backyard structures with limited visibility. Additionally, the commission asked that fee language be added to Section 13.2 of the permit rules and that permit applications require additional documentation covering materials, architectural elements, fenestration and lighting. Finally, commissioners agreed to draft a waiver process authorizing the DRB to grant waivers to specific design provisions under specified criteria; that waiver language will be reviewed at the next meeting on the Design Overlay District.
No final bylaw amendments were adopted at the meeting; commissioners asked the consultant to prepare draft text for consideration at a future session.
