STATE OF VERMONT ENVIRONMENTAL COURT } Appeal of Stohl } Docket No. 98-6-04Vtec } Decision and Order This appeal came on for merits hearing on June 3, 2005, Thomas S. Durkin, Environmental Judge, presiding. Appellants Jocelyn and Donald Stohl appeared at the hearing and were represented by Robert R. Bent, Esq. Appellee-Applicants Kristen and Julia Haupt also appeared at the hearing and were represented by Peter Nowlan, Esq. Paul S. Gillies, Esq. entered his appearance for the Town of Braintree (...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Petition to Revoke 1996 ZBA Action on } Extension of Tuttle Street Right-of-Way } Docket No. 98-5-06 Vtec (Appeal of Steen) } } Decision and Order on Motions for Summary Judgment and to Dismiss Appeal Petitioner-Appellant Colleen Steen appealed from a decision of the Development Review Board (DRB) of the Town of Fairfax, upholding the Zoning Administrator’s ruling that there are no grounds to revoke a 1996 approval of an extension of the Tuttle...
STATE OF VERMONT ENVIRONMENTAL COURT } Harvey & Symmes Final Plat Application } Docket No. 96-5-05 Vtec (Appeal of Bevan) } } Judgment Order This matter came on for a hearing on the merits on February 2, 2006, Environmental Judge Thomas S. Durkin presiding. There are two appeals pending of the two lot subdivision approval issued by the Charlotte Planning Commission as of May 5, 2005. The initial appeal was filed by Appellants John and Rosemary Bevan, who are represented in this proceeding by...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Entergy Nuclear/ Vermont Yankee } Thermal Discharge permit amendment } Docket No. 89-4-06 Vtec (Appeal of Connecticut River Watershed Council, } Trout Unlimited (Deerfield/Millers 349 Ch.), } and Citizens Awareness Network) } (Appeal of New England Coalition } on Nuclear Pollution) } (Cross-Appeal of Entergy Nuclear } Vermont Yankee, LLC) } } Amended Decision and Order on Motion for Stay of Permit Amendment Pending Appeal Appellants and Cross-...
STATE OF VERMONT ENVIRONMENTAL COURT } Town of Greensboro, Plaintiff } v. } Docket No. 87-5-05 Vtec Donna Lynn Pellegrini, Defendant } } } In re: Appeal of Pellegrini } Docket No. 157-8-05 Vtec } Decision and Order In Docket No. 157-8-05 Vtec, Appellant Donna Pellegrini appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Greensboro, denying conditional use approval for a guest apartment in a storage/workshop/garage building, and denying a variance for the sideline...
STATE OF VERMONT ENVIRONMENTAL COURT } Secretary, Vermont Agency of Natural Resources, } Plaintiff, } } v. } Docket No. 85-5-97 Vtec } (post-judgment petition) Richard F. Towns, Respondent. } } Decision and Order In an earlier case involving this respondent, Docket No. 162-10-96 Vtec, this Court had ruled that Respondent had violated 10 V.S.A. §6605(a) and the Solid Waste Regulations from January 1, 1980 to June 28, 1987, and had remanded the remedial order to the Agency of Natural Resources....
STATE OF VERMONT ENVIRONMENTAL COURT } Appeal of V.G. General Store, Inc. } Docket No. 84-5-04 Vtec } } Decision on Appellee’s Motion for Summary Judgment V.G. General Store, Inc. appealed from a decision of the Town of Waitsfield Zoning Board of Adjustment (ZBA) dated April 20, 2004, upholding a notice of violation issued by the Town Zoning Administrator on January 6, 2004. Appellant is represented by Richard Johnston King, Esq.; the Town of Waitsfield (Town) is represented by Amanda S. E....
STATE OF VERMONT ENVIRONMENTAL COURT } Nowicki Building Permit } Docket No. 77-4-05 Vtec; (Appeal of Nowicki); } **************************************** } **************************************** } Richards v. Dechert, et al.; and } Docket No. 156-8-05 Vtec; and } **************************************** } **************************************** } Nowicki NOV Appeal } Docket No. 220-10-05 Vtec (Appeal by Richards) } } Decisions on Pending Motions There are three actions now pending in this...
STATE OF VERMONT ENVIRONMENTAL COURT } South Village Communities, LLC } Docket No. 74-4-05 Vtec (Appeal of Vallee) } (Master Plan Appeal) } Decision on Appellee-Applicant’s Motion to Reconsider and Amend Appellee-Applicant South Village Communities, LLC (“South Village”) filed a motion pursuant to Vermont Rule of Civil Procedure (“V.R.C.P.”) 59(e), requesting that this Court reconsider and amend its Decision dated July 6, 2006, in which this Court ruled on Appellants Skip and Denise Vallees’ (“...
STATE OF VERMONT ENVIRONMENTAL COURT } South Village Communities, LLC } Docket No. 74-4-05 Vtec (Appeal of Vallee) } (Master Plan Appeal) } Decision on Pending Motions Skip and Denise Vallee appealed from a decision of the City of South Burlington (City) Development Review Board (DRB) dated March 10, 20051 granting final approval to South Village Communities, LLC s Master Plan Application (#MP-04-01) for a planned unit development in the City s Southeast Quadrant Zoning District. Appellants are...
STATE OF VERMONT ENVIRONMENTAL COURT } Appeal of Monty } Docket Nos. 7-1-04 Vtec } 47-3-04 Vtec } Decision and Order on pending Motion Appellant-Applicant Al Monty appealed from two decisions of the Town of Barre (Town) Planning Commission denying Appellant-Applicant’s two subdivision permit applications. Appellant-Applicant is represented by L. Brooke Dingledine, Esq.; the Town as Appellee is represented by Bruce Bjornlund, Esq.; Interested Persons Ronald Tremblay, Paula Tremblay, W. Scott...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of JAM Golf, LLC } Docket No. 69-3-02 Vtec } } Decision and Order Appellant JAM Golf, LLC appealed from a decision of the Development Review Board (DRB) of the City of South Burlington regarding a proposed ten-lot subdivision. Appellants are represented by William A. Fead, Esq.; the City of South Burlington is represented by Amanda Lafferty, Esq.; Interested Persons James Marc Leas, Jeffrey Allen, Julia Allen, Marie Ambusk, William Rozich,...
STATE OF VERMONT ENVIRONMENTAL COURT } Appeals of Valsangiacomo, et al. } Docket Nos. 130-8-03 Vtec and 64-4-04 Vtec } } Decision and Order on Post-Judgment Motions In Docket No. 130-8-03 Vtec, Appellants Oreste and Helen Valsangiacomo, Donald and Valencia Giroux, Karen Lane, Joelen Mulvaney, Richard and Joan Parnigoni, Yvette Roy, Madeleine Simonetta, Edward Stanak, Mary Welch and Richard Wobby, Sr., appealed from the July 21, 2003 decision of the Development Review Board (DRB) of the City of...
STATE OF VERMONT ENVIRONMENTAL COURT } Lathrop Limited Partnership } Docket No. 64-3-06 Vtec (Act 250 Application #9A0315) } } Decision and Order on Pending Motions Appellant-Applicant Lathrop Limited Partnership (“Lathrop”) appealed from the partial decision of the District #9 Environmental Commission (“District Commission”) dated March 16, 2006, denying Lathrop’s Act 250 Permit Application #9A0315 for positive findings under Criterion 101 for its 31-acre gravel pit and 700-foot access road on...
STATE OF VERMONT ENVIRONMENTAL COURT } } Docket No. 64-3-05Vtec In Re: Appeal of Nanak Hospitality } Appeal from municipal PUD & Site Plan } Planning Commission } Decision and Order Nanak Hospitality, LLC (hereinafter referred to alternately as Nanak, Appellant and Applicant) filed its appeal with this Court on March 28, 2005, from the March 16, 2005 Decision of the Town of Killington Planning Commission (Planning Commission), denying Nanak’s application for a planned unit development and site...
STATE OF VERMONT ENVIRONMENTAL COURT } Newton Subdivision & PUD } Docket No. 60-3-05 Vtec (Appeal of Hathorn) } } Decision on Cross Motions for Summary Judgment Byron Hawthorn (Appellant) appealed from the decision of the Town of Thetford (Town) Planning Commission and Zoning Board of Adjustment (ZBA) dated February 22, 2005, granting final approval to Donald and Joyce A. Newton (Appellee- Applicants) for a seven-lot subdivision/planned unit development (PUD) located at 6925 Vermont Route 5, in...
STATE OF VERMONT ENVIRONMENTAL COURT } Appeal of Leikert } Docket No. 59-3-05 Vtec } } Decision Michael and Mary Leikert (Appellants) appealed from a decision of the Town of Morristown (Town) Development Review Board (DRB) dated March 8, 2005, denying their application for conditional use approval for an automobile and small engine repair home business on Appellants’ 0.75-acre lot located at 82 Howard Street in the Town’s High Density Residential zoning district. This action is an on-the-record...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Simpson Development Corporation } Docket No. 54-3-05 Vtec (Appeal of Prelim. Plat } and PRD determinations) } Decision on Town’s Motion to Alter and Amend Judgment Appellee Town of Norwich (Town) filed its post-judgment motion pursuant to V.R.C.P. 59(e) to alter and amend this Court’s Decision dated June 27, 2006. In that Decision, the Court vacated the March 4, 2005 decision of the Norwich Development Review Board (DRB) and granted intermediate...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Simpson Development Corporation } Docket No. 54-3-05 Vtec (Appeal of Prelim. Plat } and PRD determinations) } Decision This matter concerns the subdivision and development of a 3.95± acre parcel of land in the scenic gateway of the Town of Norwich (Town). It was heard on the merits at the Windsor County District Court in White River Junction, Vermont, before Environmental Judge Thomas S. Durkin on October 14, 2005, November 4, 2005, and November 29,...
STATE OF VERMONT ENVIRONMENTAL COURT } Town of Randolph } Docket No. 5-1-05 Vtec vs. } Estate of Fred White } } Decision on Motion to Intervene The Town of Randolph (Town) filed this enforcement action against the Estate of Fred White (Estate) on January 5, 2005, alleging that there was unlawful scrap metal and other items on the Estate’s property in violation of the Town zoning regulations. The Estate and the Town subsequently entered into a Stipulation, wherein the Estate consented to...
