                                      State of Vermont
                           Superior Court—Environmental Division

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                   ENTRY REGARDING MOTION
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In re Wilcox Ice Cream Factory                                         Docket No. 70-4-07 Vtec
(Appeal from Town of Manchester DRB decision)

Title: Request for Information (Filing No. 9)
Filed: December 20, 2011

        The Court recently requested several documents that were absent from the record for
this de novo appeal. One of the documents requested was the 2003 decision by the Town of
Manchester Development Review Board (“the DRB”) granting the original construction permit
to both Gerald and Howard Wilcox. We received a “Report of Zoning Administrator” dated
September 24, 2003. However, we still need the DRB’s decision, that is, the decision detailing
the “Findings of Fact and Conclusions of Law” that is referenced in the Report of the Zoning
Administrator. Therefore, we direct Howard Wilcox, as the applicant, to submit to the Court,
no later than Friday, January 6, 2012, a certified copy of that DRB decision.

        Appellants Gerald and Anne Wilcox (“Appellants”) argue, in their August 17, 2011
memorandum, that portions of the on-site wastewater disposal system for Howard Wilcox’s
proposed development will be on Appellants’ property. Before we can rule on the parties’
pending requests in this appeal, particularly as they relate to Questions 1 and 2 from
Appellants’ Statement of Questions, we need to determine the extent of the approved
development; on what land that development is to occur; and who currently owns that land.
Therefore, in addition to the 2003 DRB decision discussed above, we also request that each
litigant—Howard Wilcox and Appellants—clearly identify on a copy of the current proposed
site plan the extent of the proposed development and the parties’ respective current property
boundaries, as determined by the Bennington Superior Court in its partition decision. See
Wilcox v. Wilcox, No. 96-03-06 Bncv (Vt. Super. Ct. Feb. 18, 2010) (Suntag, J.). The Court directs
litigants to submit either one delineated site plan, or, if they cannot agree, individual delineated
site plans. If a portion of the proposed development is on Appellants’ property, Howard
Wilcox should identify for the Court what authority, if any, he has to develop that property.
The Court orders the parties to submit these documents no later than Friday, January 6, 2012.

       Finally, the Court notes that the record before us also lacks the municipal zoning
ordinance applicable to the application before us on appeal. Thus, we requests that Howard
Wilcox submit to the Court, no later than Friday, January 6, 2012, a certified copy of the version
of the Town of Manchester zoning ordinance that should be used to assess the merits of the
current extension application now on appeal to this Court.

      Upon our receipt of these documents, we will complete our review of the parties’
pending requests and issue a ruling.
In re Wilcox Ice Cream Factory, No. 70-4-07 Vtec (Request for Information) (12-20-11)                   Pg. 2 of 2




_________________________________________                                         December 20, 2011          _
       Thomas S. Durkin, Judge                                                         Date
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Date copies sent to: ____________                                            Clerk's Initials _______
Copies sent to:
  W. Michael Nawrath, Attorney for Appellants Gerald and Anne Wilcox
  Jon S. Readnour, Attorney for Appellee/Applicant Howard Wilcox
  Robert E. Woolmington, Attorney for Interested Person Town of Manchester
