Londonderry BnB operator ordered to seek Act 250 permit | Local-news

Correction: This article originally stated that the Natural Resources Board ordered the business owner in question to cease operations, which is incorrect. The business owner was found in violation of Act 250, and warned that continued construction and operation would also constitute ongoing violations. Vermont News & Media apologizes for this error. 

LONDONDERRY — The owner of a bed-and-breakfast complex has been ordered to submit an Act 250 application for the construction, operation and maintenance of at least 10 units on Under the Mountain Road and Cross Road.

“[T]he project includes the construction of improvements for a commercial purpose including, but not limited to, the yoga barn and disc golf course …” wrote Act 250 District 2 Coordinator Stephanie Gile in a jurisdictional opinion released on Monday. “An Act 250 permit application must be submitted for the properties described herein immediately. Continued construction and operation on the properties constitutes ongoing violations of Act 250.”

The owner of the properties is listed as Benjamin Sargent of Arverne, N.Y. He has 30 days to appeal the coordinator’s decision.

The request for a jurisdictional opinion was submitted by attorney Merrill Bent in April on behalf of Brett Williams, who lives next to the properties.

“The various structures on the properties are being offered as short-term rentals on Airbnb.com and bentapplefarmvt.com,” wrote Bent in the request. “The properties are also advertised as ‘ideal locations for weddings, social and family gatherings, romantic getaways, and corporate retreats.’ … Currently, there are eleven units being actively listed, marketed, and promoted. There are (at least) two websites on which the owner lists the properties for rent … with over five hundred marketing photographs.”

Bent Apple Farm consists of three lots on 11 acres, with a three-bedroom house, a one-bedroom cottage, and four one-bedroom homes. The Cross Road property is 61 acres with a two-bedroom and a one-bedroom cabin, as well as a town permit for a single-family home and an accessory dwelling unit. Another 5.4-acre parcel has state permits for a two-bedroom home and a one-bedroom home, and a town permit for a single-family home and an accessory dwelling unit.

Bent wrote that an Act 250 permit is required “for the owner’s commercial operation” of more than 10 units and because he is engaging in commercial development on over one acre of land in Londonderry, which is a one-acre town.

“Mr. Williams is a neighboring property owner whose use and enjoyment of his own property and the character of the neighborhood have been impacted by the proliferation of a large number of additional dwelling units being used for commercial purposes within a quiet, rural, residential neighborhood,” wrote Bent. 

In the jurisdictional opinion, Gile wrote that the disc golf course is complete and is in the process of building a yoga barn.

“The Applicant … should be sure to include details about events on the Act 250 application along with the relevant information pertaining to the units and construction,” she wrote.

Sargent spoke to the Londonderry Select Board on Oct. 2, 2023, during a discussion of short-term rentals in town, where Sargent said he purchased his family farm and surrounding properties with the intent of using short-term rental income to pay their preservation.

At its Dec. 19 meeting, the Select Board adopted the ordinance, which went into effect 60 days later, though registration requirements will not go into effect until July 1.