STATE OF VERMONT ENVIRONMENTAL COURT } Town of Warren, } Plaintiff, } } v. } Docket No. 94-6-99 Vtec } Bouse Knight Anderson, III, } Defendant. } } Decision and Order on Town=s Motion for Partial Summary Judgment The Town is represented by Glenn C. Howland, Esq.; Defendant Bouse Knight Anderson, III, represents himself. The Town moved for partial summary judgment in this enforcement action. The Court granted Defendant several extensions of time to file a response to the motion, which he did not...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Edward Deptula } Docket No. 9-1-00 Vtec } } Decision and Order on Motion to Dismiss Town as Party Appellant Edward Deptula appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Montgomery granting a permit to Appellee-Applicant Joseph Nastasi to operate a machine shop. Appellant represents himself; Appellee- Applicant also represents himself; the Town of Montgomery is represented by Amanda S.E. Lafferty, Esq....
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Gary Audet, d/b/a } Audet Management Associates } Docket No. 89-4-00 Vtec } } Decision and Order Appellant Gary Audet, doing business as Audet Management Associates, appealed from a decision of the Zoning Board of Adjustment (ZBA) of the City of Rutland regarding the property at 40 E. Center Street. Appellant appeared and represents himself; a neighboring landowner, Andrew J. Perry, appeared as an interested person and represents himself;...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Docket No. 87-5-99 Vtec Pearl Street Mobil, by Fred Loyer } } Decision and Order on Cross-Motions for Partial Summary Judgment Appellant Fred Loyer, doing business as Pearl Street Mobil, appealed from a decision of the Zoning Board of Adjustment (ZBA) of the City of Burlington denying its application for conditional use approval for the installation of a canopy over existing gas pumps and to replace an existing non-complying sign....
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Midway Oil Corporation } Docket No. 84-4-00 Vtec } } Decision and Order on Motions for Summary Judgment Appellants Midway Oil Corporation and John Rehlen appeal from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Castleton, denying Midway Oil=s application to update its gasoline pumps, pump island, lights, and storage tanks. Appellants are represented by R. Joseph O=Rourke, Esq.; the Town is represented by John S....
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Davine Bigelow, et } al. } } Docket No. 8-1-00 Vtec } } DECISION and ORDER Appellants Davine Bigelow, Patrick McWilliams, David G. Cassidy, Mary Cassidy, James Nolan, Mary Beth Nolan, Linda Emmons, Suzanne Gray Osterman, John Matsinger, Lewis F. Springer and Margaret Springer appealed from a decision of what appears to be a combined Zoning Board of Adjustment and Planning Commission (ZBA/PC) of the Town of Danville, granting a conditional 1...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Davine Bigelow, et al. } Docket No. 8-1-00 Vtec } } Decision and Order on Motion for Partial Summary Judgment Appellants appealed from the December 3, 1999 decision issued by the Zoning Administrator as a decision of the Planning Commission and Zoning Board of Adjustment (PC/ZBA) of the Town of Danville granting a zoning permit to the Danville Rescue Squad. Appellants are represented by Edward R. Zuccaro, Esq.; Appellee-Applicant...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Shane Farrell } Docket No. 74-5-99 Vtec } } DECISION and ORDER Appellant-Applicant Shane Farrell appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Jericho, denying conditional use approval for a golf driving range. Appellant is represented by Vincent A. Paradis, Esq. The following individuals entered their appearance representing themselves: Jeffrey B. White, Virginia Shores, Monique Gilbert, Todd Barker,...
STATE OF VERMONT ENVIRONMENTAL COURT } Town of Hartford, } Plaintiff, } } v. } Docket No. 72-3-00 Vtec } Marc and Susan Wood, } Defendants. } } } } In re: Appeals of } Marc and Susan Wood } Docket Nos. 37-2-00 Vtec; 91-5-00 Vtec } and 102-5-00 Vtec } Entry Order Four cases have been filed involving the above parties, and some confusion regarding which docket number pertained to which case, and how the cases should be grouped for consolidation, was resolved at the May 15, 2000 hearing. This...
STATE OF VERMONT ENVIRONMENTAL COURT } Town of Hartford, } Plaintiff, } } v. } Docket No. 72-3-00 Vtec } Marc and Susan Wood, } Defendants. } } } } In re: Appeal of } Marc and Susan Wood } Docket No. 37-2-00 Vtec } } Decision and Order on Petition for Preliminary Injunction In Docket No. 72-3-00 Vtec, the Town of Hartford has sought a preliminary and a permanent injunction and fines against Defendants. In Docket No. 37-2-00 Vtec, Appellants Marc and Susan Wood appealed from a decision of the...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Melissa N. Sullivan } Docket No. 69-4-00 Vtec } } Decision and Order on Motion for Summary Judgment Appellant Melissa N. Sullivan appeals from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Sheldon, denying her application to build a single-family residential dwelling. Appellant is represented by Timothy S. Hawkins, Esq.; the Town is represented by Michael S. Gawne, Esq.; two adjoining landowners, Mr. Edwin Levick and...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Clark W. Hinsdale, III } Docket No. 62-3-00 Vtec } } DECISION and ORDER Appellant Clark W. Hinsdale, III, appealed from a decision of the Planning Commission of the Town of Ferrisburgh, denying approval for a boundary adjustment. Appellant has appeared and represents himself. Despite notice to the Town and to other potentially interested parties by Appellant and by the Court=s August 30, 2000 entry order, neither the town nor any other...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Ran-Mar, Inc. } Docket No. 60-4-99 Vtec } } Decision and Order Appellant appealed from a March 18, 1999 decision of the Development Review Board (DRB) of the Town of Berlin granting Subdivision Permit #98039 and amending conditional use Permit #98040. Appellant is now represented by David R. Bookchin, Esq.; the Town is represented by Robert Halpert, Esq. Two issues remain in the appeal: the first sentence of Condition 2 regarding the...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Cumberland Farms, Inc. } Docket No. 59-4-98 Vtec } } Decision and Order on Motion for Clarification Appellant Cumberland Farms, Inc., appealed in Docket No. 59-4-98 Vtec from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Richmond, upholding the Zoning Administrator=s notice of violation. In Docket No. 32-2-00 Vtec, the parties filed an enforcement complaint and answer under V.R.C.P. 8(g). Appellant is represented by...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Cumberland Farms, Inc. } Docket No. 59-4-98 Vtec } } Town of Richmond, } Plaintiff, } } v. } Docket No. 32-2-00 Vtec } Cumberland Farms, Inc., } Defendant. } DECISION and ORDER Appellant-Defendant, Cumberland Farms, Inc., appealed in Docket No. 59-4-98 Vtec from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Richmond, upholding the Zoning Administrator=s notice of violation. In Docket No. 32-2-00 Vtec, the parties...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Daniels, et al. } Docket No. 58-4-99 Vtec } } Decision and Order on Motion to Dismiss and for Summary Judgment Appellants Robert V. Daniels, Alice M. Daniels, Walter Danco, Helene Danco, George S. Colpitts, Jr., Denise H. Colpitts, Michael Agusta and Diana Agusta appealed from a decision of the Zoning Board of Adjustment (ZBA) of the City of Burlington regarding the property at 421-427 Main Street. Appellants are represented by Paul S....
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeals of } Randy Maxon and Muriel Palmer } Docket Nos. 58-3-00 Vtec and 59-3-00 Vtec } } Decision and Order on Motions to Dismiss In Docket No. 58-3-00 Vtec, Appellants appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Bennington granting an amendment to the conditional use approval for Breckenridge Village. In Docket No. 59-3-00 Vtec, Appellants appealed from a decision of the Town of Bennington granting an amendment...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Richard and Betty Harrison } Docket No. 48-3-99 Vtec } } Decision and Order on Appellants= Motion for Summary Judgment Appellants appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Castleton denying approval of their plans for either an attached or a detached garage. Appellants are represented by John D. Hansen, Esq.; the Town is represented by John S. Liccardi, Esq. Appellants have moved for summary judgment....
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } David Jackson } Docket No. 43-2-00 Vtec } } Decision and Order on Motion to Dismiss 1 This is the third of three related appeals now pending in Environmental Court. In Docket No. 43-2-00 Vtec, Appellant David Jackson appealed from a January 24, 2000 decision of the Zoning Board of Adjustment (ZBA) of the Town of Castleton. Appellant is represented by John D. Hansen, Esq.; Appellees Gerald and Patricia McCue are represented by E. Patrick...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of } Joanne Bergeron } Docket No. 40-3-98 Vtec } } } Town of Colchester, } Plaintiff, } } v. } Docket No. 226-12-98 Vtec } Joanne Bergeron, } Defendant. } } Decision and Order In Docket No. 40B3-98 Vtec, Appellant Joanne Bergeron appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Colchester upholding a notice of violation letter issued by the Zoning Administrator. In the related enforcement case, Docket No. 226-12-...
