STATE OF VERMONT ENVIRONMENTAL COURT } In re: Barsher Right-of-Way Waiver Application 1 } Docket No. 96-5-08 Vtec (Appeal of Barsher) } } Decision and Order on Motion for Summary Judgment Appellants Louis and Lorraine Barsher appealed from a decision of the Development Review Board (DRB) of the Town of St. Albans, denying Appellants’ application for approval under § 4012 of a proposed right-of-way to access a proposed 2-lot subdivision. Appellants are represented by Jesse D. Bugbee, Esq.; the...
STATE OF VERMONT ENVIRONMENTAL COURT } In re Petition of the Intervale Center, Inc., } Docket No. 89-5-08 Vtec and Half Pint Farm (Hoop House) } } Decision on Motion to Dismiss This matter arises out of an April 2008 decision by the Vermont Agency of Agriculture, Food, and Markets (“Agency of Agriculture”) on a petition filed by the Intervale Center, Inc., and Spencer and Mara Welton, the operators of Half Pint Farm (collectively, “Intervale”). The petition sought a determination that building...
Environmental Court of Vermont State of Vermont =========================================================================== E N T R Y R E G A R D I N G M O T I O N =========================================================================== Intervale Center Inc. & Half Pint Farm (Hoop House) Docket No. 89-5-08 Vtec Project: Intervale Center Inc. & Half Pint Farm Hoop House Title: Motion to Alter or Amend Judgment, No. 4 Filed: March 10, 2009 Filed By: Appellants Intervale Center Inc. & Half Pint...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Kevin L. Rogers, Inc. } Docket No. 88-5-09 Vtec (Appeal of Rogers) } } Decision and Order Appellant Kevin L. Rogers, Inc. appealed from three conditions imposed by a decision of the District #3 Environmental Commission (District Commission), which granted Appellant’s Act 250 application and issued Land Use Permit #3W1010. Appellant is represented by C. Daniel Hershenson, Esq., and Amy Clarise Ashworth, Esq. The Land Use Panel of the Natural...
STATE OF VERMONT ENVIRONMENTAL COURT } Secretary, Vermont Agency of Natural Resources, } Plaintiff, } } v. } Docket No. 83-4-08 Vtec } (Administrative Order John R. Wellman, } enforcement proceeding) Respondent. } } Decision on the Merits This matter came on for hearing after John R. Wellman (“Respondent”) filed a timely request for a hearing and gave notice that he contested the April 20, 2008 Administrative Order (“Order” or “AO”) issued against him by the Vermont Agency of Natural Resources (...
STATE OF VERMONT ENVIRONMENTAL COURT } In re Losier Variance Application } Docket No. 79-4-08 Vtec } ****************************************************************************** } In re Losier Notice of Violation } Docket No. 233-10-08 Vtec } Decision on Appellant’s Motion for Summary Judgment Appellants John and Paulette Losier (“Appellants”) appeal two separate decisions by the Town of Maidstone Zoning Board of Adjustment (“ZBA”). In Docket No. 233-10-08 Vtec, Appellants appeal the ZBA’s...
STATE OF VERMONT ENVIRONMENTAL COURT } In re Old Town Trail Associates Subdivision } Docket No. 7-1-09 Vtec (Appeal of Old Town Trail Assocs., LLC) } } Decision and Order on V.R.A.P. 4 Motion for Extension of Time On January 13, 2009, Appellant-Applicant Old Town Trail Associates, LLC appealed from a December 17, 2008 decision of the Planning Commission of the Town of Ferrisburgh, denying its application for a two-lot subdivision of a 10.07-acre parcel on the east side of Hawkins Bay Lane. On...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of JAM Golf, LLC } Docket No. 69-3-02 Vtec } } Decision and Order Appellant-Applicant JAM Golf, LLC (Applicant) appealed from a decision of the Development Review Board (DRB) of the City of South Burlington regarding a proposed ten-lot subdivision. Applicant is now represented by William A. Fead, Esq.; the City of South Burlington is represented by Amanda Lafferty, Esq.; Interested Persons James Marc Leas, Marie Ambusk, William Rozich,...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Appeal of JAM Golf, LLC } Docket No. 69-3-02 Vtec } } Decision and Order on Remaining Criteria under Void for Vagueness Analysis 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 now represented by William A. Fead, Esq.; the City of South Burlington is represented by Amanda Lafferty, Esq.; Interested Persons James Marc Leas,...
STATE OF VERMONT ENVIRONMENTAL COURT } In re Cannon Garage Application } Docket No. 66-4-09 Vtec (Appeal of James Cannon) } } Decision and Order on Motion to Treat Timely Filing with Municipal Officer as Timely Notice of Appeal On April 22, 2009, Appellant-Applicant James Cannon moved to treat a document he filed with the Burlington Department of Planning and Zoning on February 19, 2009, as a timely notice of appeal. He seeks to appeal from a January 20, 2009 decision of the Development Review...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Cushing Family, LLC } Site Plan Application } Docket No. 61-4-09 Vtec (Appeal of Cushing) } } Decision and Order on Pending Motions Appellant-Applicant Cushing Family, LLC (Applicant) appealed from a decision of the Development Review Board (DRB) of the Town of Salisbury denying site plan approval for a proposed retail store, repair service center, and rental and storage buildings. Applicant is represented by Karl W. Neuse, Esq. and Benjamin W....
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Village Associates Act 250 Land Use Permit } Docket No. 6-1-08 Vtec (Appeal of Village Associates, LLC) } } Decision and Order Appellant Village Associates, LLC appealed from a decision of the District 4 Environmental Commission, granting Appellant’s Act 250 permit for an affordable housing development, but requiring an off-site mitigation fee under 10 V.S.A. §§ 6086(a)(9)(B)(iv) and 6093. Appellant is represented by Heather R. Hammond, Esq.; and...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Jim Sheldon Excavating, Inc. and } Taran Bros., Inc. Act 250 Land Use Permit } Docket No. 54-4-09 Vtec (Appeal of Pelton) } } Decision and Order on V.R.A.P. 4 Motion for Extension of Time to File Appeal On April 6, 2009, Movant Martha Pelton, through her daughter Marleigh Pelton McNealus, filed a notice of appeal and a motion for extension of time to file the appeal from a February 26, 2009 decision of the District 1 Environmental Commission (...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Jim Sheldon Excavating, Inc. and } Docket No. 54-4-09 Vtec Taran Bros., Inc. Act 250 Land Use Permit } (Appeal of Pelton) } Decision and Order on V.R.A.P. 4 Motion for Extension of Time to File Appeal Movant Martha Pelton, through her daughter Marleigh Pelton McNealus, has moved pursuant to V.R.A.P. 4(d) for an extension of time to file a late appeal from a decision of the District 1 Environmental Commission (District Commission), issuing Act 250...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Quality Market – Parnigoni Lot Parking } Docket No. 53-3-08 Vtec (Appeal of Blackburn) } } Decision and Order on Second Cross-Motions for Summary Judgment Michael and Brandi Blackburn appealed from a decision of the Development Review Board (DRB) of the City of Barre, granting Appellee-Applicant Quality Market’s application to remove an existing building on an adjacent lot and expand an existing parking lot on that adjacent lot. Appellants are...
STATE OF VERMONT ENVIRONMENTAL COURT } In re O’Neil Sand & Gravel } Act 250 Amendment Application } Docket No. 48-2-07 Vtec (Appeal of O’Neil Sand & Gravel, LLC) } } Decision and Order on Cross-Motions for Summary Judgment Appellant-Applicant O’Neil Sand & Gravel, LLC appealed from a decision of the District 2 Environmental Commission, denying Appellant-Applicant’s application for an amendment to an Act 250 permit for an aggregate extraction project in the Town of Chester. Appellant-Applicant (...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Application of Wellspring School, Inc. } Docket No. 47-3-08 Vtec (Appeal of Wellspring School, Inc.) } } Decision and Order Appellant-Applicant Wellspring School, Inc. (“Applicant School” or “Applicant”) appealed from a decision of the Development Review Board (DRB) of the Town of Chelsea, challenging one condition imposed in the DRB’s grant of conditional use approval for a school. Applicant School is represented by Andrea L. Gallitano, Esq. and...
Environmental Court of Vermont State of Vermont =============================================================================== E N T R Y R E G A R D I N G M O T I O N =============================================================================== In re Times & Seasons, LLC A250 Reconsideration Docket No. 45-3-09 Vtec (Appeal from Act 250 District Commission Dec Title: Motion to Strike and clarify (Motions No. 3 & 5) Filed: May 12, 2009 and June 17, 2009 Filed By: Mark L. Lucas, Attorney for...
STATE OF VERMONT ENVIRONMENTAL COURT } In re: Tampas, et al. } Docket No. 45-3-08 Vtec } } Decision and Order on Cross-Motions for Summary Judgment Appellant-Applicants (Appellants) John Tampas, Richard Hee, Donald Thomas, Richard Bertolino, Chandler Nims, Steve Barclay, and Thomas Brennan appealed from a decision of the Development Review Board (DRB) of the Town of Colchester, denying site plan approval to an as-built stone-and-rip-rap berm on the shore of Lake Champlain. Appellant-Applicants...
STATE OF VERMONT ENVIRONMENTAL COURT } In re Irish Construction Application } Docket No. 44-3-08 Vtec } Decision on Appellant’s Motion for Summary Judgment This appeal arose after the Town of Bristol Zoning Board of Adjustment (“ZBA”) granted in part and denied in part Mr. Kevin Irish’s (“Appellant”) application to construct a three-sided wraparound porch on the second floor of an accessory apartment/garage structure located on his property at 269 Notch Road. The ZBA granted Appellant’s...
