FINDINGS OF FACT

On the 24th day of August 2016 the Colchester Development Review Board upheld the Zoning Administrator’s Notice of Violation letter dated July 21, 2016 to Brickyard Limited Partnership/Frank Motter.  The violation is for work that has been completed on the property without permits or approvals and is in violation of Article Eleven, Section 1103.A and Article Seven, Section 7.03E(1) of the Colchester Zoning Regulations.

This decision applies to lands identified in Book 749, Page 158 of the Colchester Land Records.  The property is located at 720 Brickyard Road, tax map 77, parcel 27 and the decision to uphold is based upon the following facts:

I.          DISCUSSION

On July 21, 2016, a Notice of Zoning Violation was issued to Brickyard Limited Partnership for property located at 720 Brickyard Road.  The violation is for work completed without permits and approvals in accordance with the Colchester Zoning Regulations. The scope of work includes, but is not limited to, the construction of a gazebo, shed, path, walkway/paver area and landscape walls all located in the Shoreland District setback and for an accessory residential unit above the garage.  The Zoning Administrator was copied on a letter to Brickyard Limited Partnership from the Lost Cove Homeowners Association Design Review Committee dated July 15, 2105 and was made aware of the improvements without permits. 

On August 7, 2015 a letter was sent to Mr. Motter on behalf of Brickyard Limited Partnership informing him that permits and/or board approval would be required for all the improvements to the property.   Staff has met with Mr. Motter and provided the required permit and board applications required to be submitted and discussed the concern for structures in the shoreland district setback.  An existing conditions site plan depicting the 100’ setback from the 95.5 contour shore was prepared by Steve Vock of Civil Engineering Associates dated 3/10/16 but there have not been any applications submitted for any of the work completed without permits and/or approvals. 

Excerpt of Minutes from August 26, 2016

L. Riddle stepped down from staff and S. Hadd staffed the Board.

Frank Motter was present on behalf of the appeal.

Frank Motter provided the Board with photos of the property.  He spoke to the structures in existence and that he reviewed Act 250 and feels that he followed the permit requirements. He has a playground and pump house and there is small maneuverability area due to the cliffs that restrict where things can be placed.  He testified that the structures cannot be seen from the water and outlined his interpretation of the regulations. 

M. Gamage asked if a permit had been obtained for the work?   F. Motter stated he did not obtain a permit as he did not see the structures as being that important.  M. Palmer stated the issue before the Board is that a permit was not obtained and not whether or not a permit could be obtained.  He asked if a permit was filed in the Planning and Zoning Office.  F. Motter stated no.  M. Palmer stated that there was not a permit to allow the structures. 

Alexandra Nickleson of 656 Brickyard Road stated there were some improvements that were discovered to be done on her property by Mr. Motter and there is an agreement to remove them. 

A motion was made by M. Palmer to close the public hearing and seconded by J. Swenor.  The motion passed with a vote of 6 - 0.

L. Riddle returned.

In deliberative session, a motion was made by M. Palmer and seconded by Z. Bludevich to uphold the notice of violation issued by the Zoning Administrator.  The motion passed with a vote of 6 – 0.

II.  FINDINGS

AFTER CONSIDERING THE APPLICATION, PHOTOGRAPHS SUBMITTED AT THE HEARING, THE COLCHESTER ZONING REGULATIONS AND THE TESTIMONY FROM THE HEARING, THE BOARD UPHOLDS THE ZONING ADMINISTRATOR’S NOTICE OF VIOLATION LETTER DATED JULY 21, 2016 FOR WORK THAT HAS BEEN COMPLETED TO THE PROPERTY WITHOUT PERMITS AND APPROVALS.  

III. CONCLUSION

The Board hereby upholds the Zoning Administrator’s letter to Brickyard Limited Partnership/Frank Motter dated July 21, 2016 for property located at 720 Brickyard Road, Colchester, Vermont tax map 77, parcel 27.

IV. APPEAL RIGHTS

The owner of the project property and interested persons have a right to appeal this decision, within 30 days of the date this decision is issued, to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.E.C.P. in writing to the Vermont Environmental Court, 32 Cherry Street, 2^nd Floor, Suite 303 Burlington, VT 05401 and a copy to Colchester Development Review Board at P.O. Box 55, Colchester, Vermont  05446.  The fee is $295.00 made payable to Vermont Environmental Court.  If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long.  You will be bound by the decision, pursuant to 24 V.S.A. § 4472 (d) (exclusivity of remedy; finality).  This also applies to any interested person(s) who may have had a right to appeal.

DATED at Colchester, County of Chittenden,

State of Vermont, this 1^st day of September 2016.

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_____________________________              DEVELOPMENT REVIEW BOARD