STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Ernest Levesque, } Jr. } } Docket No. 94-5-00 Vtec } } City of South Burlington, Plaintiff, } } v } Docket No. 175-8-00 Vtec } Ernest and Donna Levesque, } Defendants. DECISION and ORDER In Docket No. 94-5-00 Vtec, Appellant Ernest Levesque, Jr. appealed from a decision of the Development Review Board (DRB) of the City of South Burlington, denying a variance for the construction of a third rental unit and an accessory handicapped residential...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Joseph Perella } } } Docket No. 90-6-01 Vtec } } Decision and Order on Appellant= s Renewed Motion for Summary Judgment Appellant appealed from the June 14, 2001 decision of the Zoning Board of Adjustment (ZBA) of the Town of Huntington, granting Appellee-Applicants Rahul and Tamara Kushwaha an amended conditional use permit to increase the size of the building that was the subject of a January 2, 2001 conditional use permit to A renovate an...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of J.D. Associates } } } Docket No. 83-5-99 Vtec } } Decision and Order on Scope and Standard of Review Appellant appealed from a decision of the Development Review Board (DRB) of the Town of Morristown granting conditional use approval to Appellee-Applicant North Country Animal League for an animal shelter facility. Appellant is represented by Harold Stevens, Esq.; Appellee- Applicant is represented by Jeff W. Lively, Esq.; the Town is...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Sotos } Papaseraphim } } Docket No. 80-4-00 Vtec } } DECISION and ORDER Appellant Sotos Papaseraphim appealed from a decision of the Development Review Board (DRB) of the Town of Milton which granted Appellant= s application to replace two existing mobile homes with new mobile homes. Appellant seeks removal of three of the four conditions imposed by the DRB. Appellant appeared and represented himself; the Town of Milton is represented by...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Good Samaritan } Haven, Inc. } } Docket No. 77-6-01 Vtec } } Decision and Order on Appellant= s Motions for Summary Judgment Appellant, Good Samaritan Haven, Inc., appealed from a decision of the Development Review Board (DRB) of the City of Barre denying its application for a zoning permit. Appellant is represented by Andrea L. Gallitano, Esq.; the City of Barre is represented by Oliver L. Twombly, Esq. Alfred J. Flory, Keith A. Clark, and...
STATE OF VERMONT ENVIRONMENTAL COURT Town of Hartford, Plaintiff, } } Docket No. 72-3-00 Vtec v } } Environmental Court Marc and Susan Wood, } Defendants. In re: Appeal of Marc and Susan } Wood } Docket No. 91-5-00 Vtec } } Environmental Court } Town of Hartford, Plaintiff, } } Docket No. 219-5-00 Wrcv v } } Windsor Superior Court Marc and Susan Wood, } Defendants. Decision and Order The Town of Hartford is represented by William F. Ellis; Appellant Marc Wood has appeared and represents himself....
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Larson, et al. } } } Docket No. 70-5-01 Vtec } } Decision and Order on Remaining Issues A decision and order was entered in this matter on September 17, 2001; Appellants dispute whether that order concluded all issues in this appeal. Appellants are represented by Karl C. Anderson, Esq.; Appellee-Applicant is represented by Kevin P. Candon, Esq.; the City is represented by Henry Brislin, Esq. We address the remaining issues as identified by...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Larson, et al. } } } Docket No. 70-5-01 Vtec } } Decision and Order on Appellee-Applicant=s Motion for Summary Judgment Appellants appealed from a decision of the Zoning Board of Adjustment (ZBA) of the City of Rutland, affirming the Zoning Administrator=s grant of a permit to Appellee-Applicant Easter Seals of New Hampshire and Vermont (Easter Seals) to operate an Aindependent school@ at 11 Burnham Avenue. Appellants are represented by Karl...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Hector J. LeClair } } } Docket No. 62-5-01 Vtec } } Decision and Order on Town= s Motion for Summary Judgment Appellant Hector J. LeClair appealed from the March 28, 2001 decision of the Development Review Board (DRB) of the Town of Williston granting a phasing allocation for the final twelve residential units of an already-approved subdivision application. Appellant is represented by Steven J. Kantor, Esq.; the Town is represented by Paul S....
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Parke } } } Docket No. 55-4-01 Vtec } } Decision and Order on Appellees= Motion for Summary Judgment Appellants appealed from a decision of the Zoning Board of Adjustment (ZBA) of the City of Rutland upholding the decision of the Zoning Administrator that the construction of a fence did not require a building permit. We note that this appeal does not address whether Appellants may 1 have a cause of action in another court under 24 V.S.A. '...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Alden C. Ehler } } } Docket No. 55-3-00 Vtec } } Decision and Order Appellant Alden C. Ehler appealed from a decision of the Planning Commission of the Village of Essex Junction denying his subdivision application. Interested parties Eugene and Kathy Beaudry (the Beaudrys) intend to purchase one of the subdivided lots, on which they already reside. Appellant represents himself; interested parties Eugene and Kathy Beaudry are represented by...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Alden C. Ehler } } } Docket No. 55-3-00 Vtec } } Decision and Order on Motion for Summary Judgment Appellant Alden C. Ehler appealed from a decision of the Planning Commission of the Village of Essex Junction denying his subdivision application. Interested parties Eugene and Kathy Beaudry (the Beaudrys) intend to purchase one of the subdivided lots, on which they already reside. Appellant represents himself and has not taken an active part...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Robert and } Angela Conrad } } Docket No. 52-3-00 Vtec } } Decision and Order on Cross-Motions for Summary Judgment Appellants appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Derby, denying their appeal to the ZBA of various actions of the Zoning Administrator relating to neighboring property owned by Appellees Traci McDowell (Webster) and Michael Webster. Appellants are represented by Duncan Frey Kilmartin,...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Robert and } Angela Conrad } } Docket No. 52-3-00 Vtec } } Decision and Order on Cross-Motions for Summary Judgment Appellants appealed from a decision of the Zoning Board of Adjustment (ZBA) of the Town of Derby, denying their appeal to the ZBA of various actions of the Zoning Administrator relating to neighboring property owned by Appellees Traci McDowell (Webster) and Michael Webster. Appellants are represented by Duncan Frey Kilmartin,...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeals of Joseph O= } Donnell and Barbara O= Donnell } Docket Nos. 50-2-00 Vtec and } 199-9-00 Vtec } } Decision and Order on Appellants= Motion for Summary Judgment Appellants Joseph and Barbara O= Donnell appealed in Docket No. 50-2-00 Vtec from a decision of the Planning Commission of the Town of Peru, granting site plan approval to Applicants Nicholas Rostow, L&W Construction, and Walter Williams for a gravel pit. Appellants appealed in Docket No....
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Lorette Masse } } } Docket No. 48-4-01 Vtec } } Decision and Order on Town=s Motion for Summary Judgment Appellant Lorette Masse appealed from a decision of the Development Review Board (DRB) of the Town of Grand Isle denying her application for final plat approval for a major subdivision. Appellant is represented by Brian Hehir, Esq.; the Town is represented by Joseph S. McLean, Esq. Interested person Cara J.C. LaBounty has made an...
STATE OF VERMONT ENVIRONMENTAL COURT Town of Goshen, Plaintiff, } } v } Docket No. 43-3-98 Vtec } Bernadette Gionet and Albert } Gionet, Defendants. Decision and Order on Post-Judgment Motions In 1998, the Town of Goshen brought an enforcement action regarding the inoperable vehicles and debris or salvaged materials stored on Defendants= property. Albert Gionet appeared and represented himself and his wife Bernadette Gionet; the Town of Goshen is represented by F. Rendol Barlow, Esq. After an...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeals of David Garen and } June Garen } Docket Nos. 42-3-01 and 218- } 9-00 Vtec } } Decision and Order on Appellants= Motion for Summary Judgment Appellants David Garen and June Garen appealed from two decisions of the Development Review Board (DRB) of the City of Burlington granting preliminary plat approval (Docket No. 218- 9-00 Vtec) and the final plat approval (Docket No. 42-3-01 Vtec) to Appellee-Applicants Green Mountain Habitat for Humanity,...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Gulli, et } Docket No. 4-1-01 al. } Vtec } Appeal of Dunnett, et al. } Docket No. 5-1-01 } Vtec Order on Pending Motions These are the remaining two appeals involving decisions of the Development Review Board (DRB) of the Town of Ludlow regarding approval of Phase I of Applicant= s Jackson Gore Project. In Docket No. 4-1-01 Vtec, Appellant Nicholas A. Gulli and a group of other Ludlow residents appealed from a November 2000 decision of the...
STATE OF VERMONT ENVIRONMENTAL COURT In re: Appeal of Gulli, et } Docket No. 4-1-01 al. } Vtec } Appeal of Dunnett, et al. } Docket No. 5-1-01 } Vtec Order on Motions to Dismiss Statements of Questions, for Procedural Orders, for Ruling re: De Novo appeal, and for Scheduling Order Procedural History Appellants represent themselves; Applicant Okemo Mountain, Inc. is represented by Lawrence G. Slason, Esq.; the Town is represented by J. Christopher Callahan, Esq. The are the remaining two appeals...
