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 STATE OF VERMONT 

 ENVIRONMENTAL COURT 

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In re: Appeal of } 

 Bruce Murray, et al. } Docket No. 173-9-99 Vtec 

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 Decision and Order on Motion for Partial Summary Judgment

Appellants appealed from a decision of the Zoning Board of Adjustment (ZBA) of 

the Town of Bradford granting a conditional use permit to Philip Boudreau. Appellants 

represent themselves; Appellee-Applicant Philip Boudreau represents himself; the Town 

has entered an appearance through its Town Agent, Craig White, who is not an attorney; 

and Earl Welch has entered an appearance in his own behalf as an interested party in 

support of Appellee-Applicant. Appellants have moved for partial summary judgment on 

Question 1 of the Statement of Questions: whether a motor vehicle inspection station can 

be considered at all for approval as a conditional use in the Residential zoning district. 

Appellee-Applicant=s property is located in the Residential zoning district. Appellants 

argue that the specific uses of Amotor vehicle sales and service@ and Agasoline service 

stations@ are explicitly allowed in the Commercial zoning district only, and therefore should 

not be considered as a possible conditional use in the Residential zoning district. 

However, the following category of conditionally-permitted uses is allowed in the 

Residential zoning district if approved under the conditional use standards: Aenterprises 

employing no more than four persons including owners and operator and where the nature 

of the business and the lot size involved will not change the character of a residential 

neighborhood.@ As this category is available in the Zoning Regulations, Appellee-Applicant 

is entitled to present evidence as to whether he can qualify for a permit under this section. 

Appellants also argue that the nature of Appellee-Applicant=s proposed auto 

inspection business will change the character of their neighborhood. However, material 

facts are in dispute on this question. Appellee-Applicant is entitled to present evidence to 
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show that his proposed project will not change the character of the neighborhood, and that 

it will meet the other conditional use standards for approval. 

Accordingly, based on the foregoing, Appellants= Motion for Summary Judgment is 

DENIED: an application for a motor vehicle inspection station may be considered for 

approval in the Residential zoning district under the first category of conditionally-permitted 

uses: Aenterprises employing no more than four persons including owners and operator 

and where the nature of the business and the lot size involved will not change the 

character of a residential neighborhood.@

This matter will proceed to trial as scheduled on Wednesday, April 12, 2000, in 

Chelsea, on the merits of that application. Because all the parties are unrepresented by 

counsel, the Court notes for the parties= guidance that because this is a de novo

proceeding, the burden is on Appellee-Applicant first to show that the nature of his 

proposed business and the lot size involved will not change the character of the residential 

neighborhood, and then to show that it meets the standards for conditional use approval 

found in Article IV of the Zoning Ordinance. 

Done at Barre, Vermont, this 5th day of April, 2000. 

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Merideth Wright 

Environmental Judge