Section 9.3.3 Notice of Appeal

This report is in accordance with 24 V.S.A. §4441(c).

1. Provide a brief explanation of the proposed amendment including a statement of purpose as required for notice under §4444 of this title.

Brief explanation of the proposed amendment:
The proposed amendment adds a statement that neither the zoning administrator nor any party to an appeal will be obligated to respond to any grounds for appeal that were not stated in writing in the notice of appeal.

Statement of Purpose:
State law guarantees interested parties the right to appeal any act or decision of the Zoning Administrator (24 VSA §4465). State law goes on to prescribe the format of an appeal notice, wherein the appellant is asked to describe the alleged grounds why relief is believed proper (24 VSA §4466). The purpose of this amendment is to make it clear that appellants cannot expect to request an appeal hearing on one set of grounds and then be entitled to judgement on additional grounds brought forth at the hearing - grounds that were not cited in the original appeal notice. This puts the zoning administrator in the position of having to respond in the moment to grounds for which he/she is not prepared or the Zoning Board having to continue the hearing (perhaps multiple times) to give the Z.A. time in which to prepare a proper response to the new grounds.
This is, in the opinion of the Commission, an inefficient use of time and an abuse of the appeal right.

2. Provide findings regarding how the proposal:

(a) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing;

This bylaw and its proposed amendment is not driven by the Town Plan nor does it have any effect on the goals and objectives of the Plan.

(b) Is compatible with the proposed future land uses and densities of the municipal plan;

This bylaw and its proposed amendment is not incompatible with the proposed future land uses and densities of the municipal plan.

(c) Carries out, as applicable, any specific proposals for any planned community facilities."

At this time there are no proposals for any planned community facilities.