Poultney Properties LLC Change of Use & SP App. 

ENTRY REGARDING MOTION

Count 1, Municipal DRB Multiple Types (98-7-17 Vtec) 

Title: Motion for Protective Order (Motion 8) 

Filer: Neal C. Vreeland 

Attorney: Pro Se 

Filed Date: January 14, 2019 

Response in Support filed on 01/25/2019 by Concerned Citizens of Poultney, Interested Persons 

Response filed on 01/28/2019 by Neal C. Vreeland, Interested Person Supplemental Memo & 

Affidavit 

Response in Opposition filed on 01/29/2019 by Attorney David G. Carpenter for party 2 Cocounsel Poultney Properties, LLC 

 Opposition 

The motion is DENIED. 

Poultney Properties, LLC (“Poultney Properties”), appeals the partial denial of its 

application for change of use and site plan approval by the Town of Poultney Development 

Review Board (DRB). Neal Vreeland and a group of Poultney residents, Concerned Citizens of 

Poultney, and several individual neighbors join the appeal to oppose the application.1 Before the 

Court is Mr. Vreeland’s motion for protective order and extraordinary relief relating to exterior 

lighting recently installed on existing buildings on property owned by Poultney Properties that is 

the subject of this appeal. 

 Poultney Properties is represented by David Cooper, Esq., and David Carpenter, Esq. Mr. 

Vreeland, Mr. Swenor, Ms. Pepler, and Mr. and Mrs. Riberio are self-represented. The Town of 

Poultney is represented by Gary R. Kupferer, Esq. Concerned Citizens of Poultney is represented 

by its spokesperson, C.B. Hall. 

 Mr. Vreeland and other neighbors offer that during the pre-trial stage of this matter, 

Poultney Properties installed or activated high intensity flood lights on the exterior of existing 

buildings at the subject property. One or more of these lights is causing significant night-time 

disturbance for adjacent property owners. Mr. Vreeland asks the Court to order Poultney 

Properties to take corrective action to reduce or eliminate the adverse impact of these lights. 

 Poultney Properties offers that the new exterior lighting is for security purposes and 

unrelated to the applications on appeal to the Court. Thus, Poultney Properties asserts that the 

 

1

 Those individual neighbors are John Swenor, Linda Pepler, and Walter and Rebecca Ribeiro. 

STATE OF VERMONT

SUPERIOR COURT ENVIRONMENTAL DIVISION

 Docket No. 98-7-17 Vtec
Court is without jurisdiction to address the lighting. No party offers any evidence or suggestion 

that the new lighting is related to the applications before the Court. 

 In a January 30, 2019, telephonic hearing, the Court suggested a practical approach to the 

lighting dispute; this being an on-site meeting where parties craft an agreement regarding the 

lighting while this matter is litigated. All parties represented a willingness to organize and attend 

such a meeting. 

 In a follow-up telephonic hearing on February 20, 2019, the parties reported that there 

was an attempt at organizing a meeting, however, the sole representative of Poultney Properties 

was unavailable until March 2019. The parties therefore ask the Court to decide the pending 

motion. 

 The Environmental Division’s subject matter jurisdiction is limited to the scope of the 

decision appealed from. In re Taylor Variance, No. 136-11-15 Vtec, slip op. at 2 (Vt. Super. Ct. 

Envtl. Div. July 12, 2016) (Walsh, J.) (citation omitted). The scope of our review in a de novo 

proceeding is further defined by questions filed by an Appellant in its Statement of Questions. 

V.R.E.C.P. Rule 5(f). Based on the limited evidence and arguments before the Court, we conclude 

that the offending lighting is unrelated to the applications before the Court, and therefore, we 

are without jurisdiction to consider the lighting and formulate a corrective order. The motion is 

therefore DENIED. 

 Having reached this conclusion, we acknowledge the Town’s enforcement authority 

which may be available to address this situation. We also acknowledge the parties’ private 

property rights redressable before the Civil Division of the Vermont Superior Court. These 

potential actions likely require significant additional resources which would be avoided if the 

parties decide to work cooperatively on a temporary solution. 

So ordered. 

Electronically signed on February 20, 2019 at 01:47 PM pursuant to V.R.E.F. 7(d). 

_________________________________________ 

Thomas G. Walsh, Judge 

Superior Court, Environmental Division 

Notifications: 

David R. Cooper (ERN 4756), Attorney for Appellant Poultney Properties, LLC. 

Interested Person Concerned Citizens of Poultney 

Gary R. Kupferer (ERN 3547), Attorney for Interested Person Town of Poultney 

Interested Person John Swenor 

Interested Person Neal C. Vreeland 

Interested Person Linda S. Pepler 

Interested Person Walter Ribeiro 

Interested Person Rebecca Ribeiro 

David G. Carpenter (ERN 6139), Attorney for party 2 Co-counsel 

For Informational Purposes Only Charles Hall 

dchamber