HARTLAND – In a last-minute change of course, the Hartland Planning Commission is continuing its opposition to an Act 250 permit for a farm store on Route 5, just outside the village center.

In September 2023, Sunnymede Farms, a 600-acre cattle and maple sugar operation near Hartland Four Corners, received a State Act 250 permit to build a two-story barn-style farm store on property north of Interstate 91 Exit 9. The store would include a deli, bakery, dining area and 45 parking spaces, including electric vehicle charging stations.

Both the Hartland Planning Commission and the Two Rivers Ottauquechee Regional Commission appealed to the Environmental Division of the Vermont Superior Court on the grounds that the farm store’s size, its proximity to the village, and competition with local retailers violated regional and town plans.

On July 8, Supreme Court Justice Thomas G. Walsh denied both appeals.

Sunnymede LLC is owned by Florida real estate developer Aubrey Ferrao, who purchased the 17-acre property on Route 5 in 2018.

The regional commission declined to appeal the court’s denial. The Hartland Planning Commission also decided not to appeal the ruling on July 17 by a vote of 5 to 3.

In a move that confused the Hartland Selectboard, the Planning Commission reconsidered the matter at its August 7 meeting and decided to appeal after all.

“I am still surprised that our Planning Commission did not follow the lead of Two Rivers, which I would say has more experience in this area,” Selectboard Chairman Phil Hobbie said in a statement at the board’s Aug. 19 meeting.

If the appeal proceeds, “we have no idea what it would cost,” Hobbie said, noting that the Selectboard does not have all the information needed to determine the impact of the appeal on the city.

The Hartland Planning Commission did not respond to requests for comment by deadline.

The language in Walsh’s ruling was a wake-up call for city officials as they work to update Hartland’s zoning plan, which expires next May.

Walsh rejected the Planning Commission’s first objection, writing that the wording in the city plan was “purely aspirational” and not normative.

“In reaching this conclusion,” Walsh wrote, “we note the absence of language such as ‘shall’ or ‘shall’, which indicate a compelling and mandatory requirement.”

Hartland has no zoning regulations and relies on the objectives set out in the master plan for development.

“City plans are policy documents. They make general statements about where we want to go,” Tom Kennedy, a Hartland City Council member and director of community development for the Mount Ascutney Regional Commission, said by phone Monday.

“City plans should never be used as political documents,” he added.

Since the planning commission had no zoning regulations to rely on and the development plan was not clearly formulated, it was unable to provide conclusive evidence that the farm shop violated applicable regulations.

Kennedy is not optimistic about the prospects of a new appointment.

“We are not appealing from a position of strength because our city plan is vague and we have no statutes to support the plan,” he said at the Selectboard meeting on Aug. 19. “We will not succeed.”

Peter Gregory, executive director of the Two Rivers Ottauquechee Regional Planning Commission, believes opposition to the farm store would have been more effective with or without a bylaw if the town’s guidelines had been clearer.

“The Supreme Court has been very clear that clear language that applies to city and regional plans takes precedence,” he said in a phone call Monday.

This message has not escaped the Hartland Planning Commission.

“We’re trying to use different language,” Planning Commission Chairman David Dukeshire said at a Selectboard meeting on July 29. “We’re not using the words ‘could’ and ‘might.’ We’re changing them to ‘will’ and ‘shall.'”

Kennedy wants the city to consider adopting at least some zoning ordinances, despite several failed attempts in the past.

“We need to try again,” Kennedy said. “I think the city is ready for sensible, simple regulation.”

Dukeshire indicated that the Planning Commission might be willing to consider introducing bylaws.

“All my time in Hartland, I was against zoning. Now I’m no longer against it because I’ve seen the consequences,” he told the Selectboard.

Hobbie wants to focus on developing a compelling and clear city plan before addressing zoning regulations.

“I would like to see a new city plan finalized by the Planning Commission and adopted by the City Council,” he said by phone Monday. “Then the City Council and Hartland Planning Commission, with the help of Two Rivers, would look at the strengths and weaknesses of the city plan and see what could be addressed with simple zoning.”

Since the Environmental Court’s deadline for appeal had been missed by one day, the Planning Commission requested an extension.

This application was still pending on Monday.

The next meeting of the Commission is scheduled for Wednesday, 28 August, at 6.30 p.m.

Christina Dolan can be reached at [email protected] or 603 727-3208