Development Review Board

The Development Review Board (DRB) hears appeals resulting from decisions of the zoning administrator, and grants or denies variances to the zoning bylaws.  24 V.S.A. 4464, 4468.

Shaftsbury’s zoning bylaws have been developed by the planning commission and approved by the selectboard. The seven members of the Development Review Board are appointed by the selectboard for staggered three-year terms.

Shaftsbury zoning bylaws state that the Development Review Board may grant variances, and render a decision in favor of an appellant, if all the following facts are found by the Board and such finding is specified in its decision:

• 8.6.1.  That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning regulation in the neighborhood or district in which the property is located;
• 8.6.2.  That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulation and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
• 8.6.3.  That such unnecessary hardship has not been created by the appellant;
• 8.6.4.  That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
• 8.6.5.  That the proposed use shall not emit any noxious gases that could endanger the health, comfort, safety, or welfare of any person or which could cause injury or damage to property, businesses, residences, animals, or vegetation. The proposed use shall not emit any dust, dirt, smoke, or odor that is offensive at any off-site property, or that exceeds nuisance levels in any roadside commercial or residential zone.
• 8.6.6.  That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and from the Town Plan.

In rendering a decision in favor of an appellant, the Development Review Board may attach such conditions to such variances as it may consider necessary and appropriate under the circumstances to implement the purposes of the zoning bylaws and to carry out the intent of the Town Plan.