                                           STATE OF Vermont
                                  Superior Court - Environmental Division

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                      ENTRY REGARDING MOTION
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Champlain Oil Co., Inc. Conditional Use Permit, Docket No. 200-10-09 Vtec
Project: Champlain Oil Gas Station/Store/Restaurant
Applicant: Champlain Oil Company
           (Appeal from Ferrisburgh ZBA Conditional Use determination)

Title: Motion for Reconsideration or Remand (Filing No. 3)
Filed: July 30, 2010
Filed By: Liam L. Murphy, Attorney for Appellant-Applicant Champlain Oil Company
Objection in Response filed on 08/17/10 by James Allan Dumont, Attorney for Cross Appellants
Reply to Objection filed on 09/03/10 by Appellant Champlain Oil Company

_X_ Granted (in part) and          _X_ Denied (in part)            ___ Other

         The Court conducted a site visit and hearing on the pending motion on September 7, 2010. After
conducting a brief deliberation, the Court returned to the bench to render its determinations on the two
issues raised by Applicant Champlain Oil Co., Inc.’s motion.
          First, the Court concluded that it must reconsider an issue not fully resolved by its July 15, 2010
Decision on the parties’ cross motions for summary judgment: whether the Town of Ferrisburgh Zoning By-
Laws (“Bylaws”) specifically prohibit the installation and maintenance of commercial wastewater and
stormwater facilities in the Conservation Zoning District. While Applicant must still show that such
facilities, as part of its proposed commercial project, are entitled to conditional use approval (a highly fact-
specific exercise), the Court concluded that the Bylaws do not specifically prohibit such facilities on
portions of Conservation District lands that adjoin and support a commercial development on lands in the
Highway Commercial Zoning District. To the extent that Cross-Appellants sought a summary ruling that
such facilities are not allowed as a matter of law in the Conservation District, we DENY that request.
        Second, the Court concluded that any amendment to Champlain Oil’s pending application that
would include the entire tract of land currently owned by Susan Burdick would be such a significant change
in the application, including a possible change in the notice to adjoining property owners, as to prohibit the
Court from hearing such an amended application in the first instance on appeal; the Court concluded that
such an amended application must be heard in the first instance by the Ferrisburgh ZBA. See In re Torres,
154 Vt. 233, 236–37 (1990). Therefore, the Court REMANDED the pending application back to the
Ferrisburgh ZBA, conditioned upon Champlain Oil amending its application so that new, undersized and
non-conforming lots are not created by its proposed development plan. In the event that such an amended
application is considered by the Ferrisburgh ZBA, Champlain Oil shall provide all assistance required under
the Bylaws to see that notice is provided to all parties so entitled.


___________________________________________   ___September 8, 2010___
       Thomas S. Durkin, Judge                        Date
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In re Champlain Oil Cond. Use Permit, No 200-10-09 Vtec (Entry Order on motion to reconsider)(09-08-10)   Page 2.



Date copies sent to: ____________          Clerk's Initials _______
Copies sent to:
  Liam L. Murphy, Attorney for Appellant Champlain Oil Company
  James Allan Dumont, Attorney for Cross Appellants Debbie and Terry Allen, Judy Chaves, Don Dewees,
      Judy Elson, Todd Hardie, Katie Hill, Rick and Sally Kerschner, Rux Martin, Nick Patch, Karen
      Petersen, Kurt Plank, Jennifer Ruddy, J. Silas Towler, and the Ferrisburgh Friends of Responsible
      Growth, Inc.
  Attorney James F. Carroll for Appellee Town of Ferrisburgh
