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STATE OF VERMONT

ENVIRONMENTAL COURT

} In re: Appeal of } Bruce Murray, et al. } Docket No. 173-9-99 Vtec } }
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 per mit to Philip Boudreau. Appellants represent themselves; Appellee-Applicant Philip Bou dreau represents himself; the Town has entered an appearance through its Town Agent, C raig 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 mov ed 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 dis trict. Appellants argue that the specific uses of A motor vehicle sales and service @ and A gasoline service
stations @ are explicitly allowed in the Commercial zoning di strict only, and therefore should not be considered as a possible conditional use in the Residential zoning district. However, the following category of conditionally-pe rmitted uses is allowed in the Residential zoning district if approved under the c onditional use standards: A enterprises employing no more than four persons including owner s 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 Regul ations, Appellee-Applicant is entitled to present evidence as to whether he ca n qualify for a permit under this section. Appellants also argue that the nature of Appellee-A pplicant = s proposed auto inspection business will change the character of th eir neighborhood. However, material facts are in dispute on this question. Appellee-Ap plicant is entitled to present evidence to2

show that his proposed project will not change the character of the neighborhood, and that
it will meet the other conditional use standards fo r approval. Accordingly, based on the foregoing, Appellants = Motion for Summary Judgment is DENIED: an application for a motor vehicle inspecti on station may be considered for approval in the Residential zoning district under t he first category of conditionally-permitted

uses: A enterprises employing no more than four persons inc luding owners and operator
and where the nature of the business and the lot si ze involved will not change the character of a residential neighborhood. @ This matter will proceed to trial as scheduled on W ednesday, April 12, 2000, in Chelsea, on the merits of that application. Becaus e 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 fir st to show that the nature of his proposed business and the lot size involved will no t change the character of the residential neighborhood, and then to show that it meets the s tandards for conditional use approval found in Article IV of the Zoning Ordinance.

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

_________________________________________________ Merideth Wright Environmental Judge