Development Review Board*
*These
are unofficial Minutes subject to approval at the next regular board meeting.
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MINUTES
June 6, 2011
Public Hearing – Thomas and Kim Phillips, property at 90 Waldo Lane – Violation appeal by Appellant.
Present:
DRB: John West, Ann Tiplady, and Charlie McClafferty
Others
Present: Peter Hathaway –
Citizens: Carol Ann Martin, Betty Lockhart, Dennis Smith, Melissa Whitmore, and Carol Macleod
Meeting opened at 7 p.m.
Presented to the DRB was a 2007 permit, a 2009 permit that had withdrawn written on it and a notice from the ZBA concerning another case in which due diligence was discussed.
- The Phillips stated that the violation should not be upheld because they have been to the DRB before and that there is good faith.
- Peter Hathaway stated that he is bound by the Wallingford regulations which he read.
- Session was recorded.
Meeting was closed at about 7:25 p.m. for deliberations by
DRB members.
Development
Review Board
Appeal of Notice of Violation
Findings and Decision
June 13, 2011
In re: Thomas J. Phillips and Kimberly A.
Phillips NOV
Location: Parcel # 013090
Introduction and Procedural History
This proceeding involves the
appeal of a notice of violation for Thomas J. Phillips and Kimberly A. Phillips
under the Town of
On May 9, 2011 notice of a public hearing was posted at the following places:
On May 15, 2011 a copy of the
notice was mailed to Thomas J. Phillips and Kimberly A. Phillips, Wallingford, VT
During the course of the hearing (June 6, 2011) the following exhibits were submitted:
Exhibit A- A permit dated 2007 for the subdivision of the land into three one acre lots
Exhibit B – A permit renewal dated 2009 which was withdrawn by the applicant.
Exhibit C – A notice from the ZBA concerning another case in which “Due Diligence” was discussed.
Present at the hearing were the following members:
John West, Chairman
Charlie McClafferty
Citizens present at the hearing:
Carol Ann Martin
Betty Lockhart
Dennis Smith
Melissa Whitmore
Tom Phillips
Kim Phillips
Carol Macleod
Findings
Based on the notice of violation, testimony and exhibits the DRB makes the following findings:
The parcel ID # is 013090.
All of the property in question
is in an FR district (
On April 25, 2011, Mr. Phillips utilized a backhoe and several dump trucks to excavate material out of his property on 90 Waldo Lane and truck it to an undisclosed location. Reports from area neighbors indicated that he was there for the day and made about fifty dump truck loads. As a result, the Zoning Administrator served him with a violation for not having a valid permit.
Wallingford Zoning
Regulation reads;
Article V “ADMINISTRATION AND ENFORCEMENT”
Zoning Permit: No development of land or building may
commence, nor shall any land or structure which was created, erected, changed,
converted or altered after the effective date of this article, be used or
occupied, unless a Zoning Permit shall have been issued by the Administrative
Officer. Not withstanding the foregoing, no permit shall be required for any
structure, or, structural change, the total cost of which is less than
$2,000.00. (Amended: December 11, 1989.)
and Recreational Campground permits are indicated in Articles VII and
VIII of these Regulations; fees to accompany all other
Zoning Permit
applications shall be $5.00.
The Administrative
Officer shall not issue a Zoning Permit unless an application, fee, plot plan,
and any other approvals required
by this Regulation have been properly
submitted. The administrative Officer shall, within 45 days of submission of the
required application and fee, either issue or deny a Zoning permit. Failure to
act within such 45 days shall be deemed approval and the
permit shall be issued.
If the Zoning Permit
is approved, all activities authorized by its issuance shall be completed within
two years of its date of issue,
or the Zoning Permit shall become null and void and
reapplication to complete any activities shall be required.
And whereas Article I “ENACTMENT, PURPOSE, AND DEFINITIONS:
reads;
Development: The division of a parcel of land into two or more parcels, the
construction, reconstruction, conversion, structural alteration, relocation or
enlargement of any building or other structure, or of any mining, excavation or
land-fill, and any change in the use of any building or other structure, or land
or extension of use of land.
Decision
Based upon these findings the Development Review Board upholds the Notice of Violation issued by the Zoning Administrator with a vote of 3 in favor, 0 opposed.
Dated at the Town of Wallingford
Vermont, this 13th day of June 2011.
__________________________________Chair
John J. West
__________________________________
__________________________________
Charlie McClafferty
Notice: This decision may be appealed to the Vermont Environmental Court by an interested person who participated in the proceeding(s) before the Development Review Board. Such appeal must be taken within 30 days of the date of this decision, pursuant to 24 V.S.A. § 4471 and Rule 5(b) of the Vermont Rules for Environmental Court Proceedings.