83 North Willard Street CU - Decision on Motion ( 2020 )

STATE OF VERMONT
SUPERIOR COURT ENVIRONMENTAL DIVISION
Docket No. 121-10-19 Vtec
83 North Willard Street CU
ENTRY REGARDING MOTION
Count 1, Municipal DRB Conditional Use (121-10-19 Vtec)
Title: Motion to Dismiss (Motion 1)
Filer: Michael Long
Attorney:
Filed Date: December 19, 2019
Response filed on 12/24/2019 by Attorney Hans G. Huessy for Appellant Diane Frankenfield
Opposition
Response filed on 02/14/2020 by Attorney Hans G. Huessy for Appellant Diane Frankenfield
Reply
The motion is MOOT.
Andrew and Diane Frankenfield (Appellants) appeal the Burlington Development Review
Board’s (DRB) denial of an application to increase the occupancy of a single family home located
at 83 North Willard St., Burlington, Vermont (the Property) from 4 to 5 unrelated adults. The City
of Burlington (City), joined by interested parties Caryn and Michael Long (Longs), oppose the
application. Presently before the Court is the Longs’ motion to dismiss.
The Longs’ motion to dismiss contends that the Property is below the 2,700 square foot
threshold as required by City of Burlington Comprehensive Development Ordinance §
4.4.5(d)(5)(C)(ii). This issue is raised in Appellants’ motion for summary judgment on Question 3
of their Statement of Questions. Appellants’ Motion for Summary Judgment at 2–3, filed Dec.
24, 2019. In the interest of judicial efficiency and clarity, we have addressed this issue in our
Decision on Appellants’ motion for summary judgment.
For the reasons set forth in the accompanying decision, we GRANT Appellants’ motion for
summary judgment and the Longs’ motion to dismiss is now MOOT.
So ordered.
Electronically signed on July 09, 2020 at 02:25 PM pursuant to V.R.E.F. 7(d).
_________________________________________
Thomas G. Walsh, Judge
Superior Court, Environmental Division
Notifications:
Hans G. Huessy (ERN 1813), Attorney for Appellant Andrew Frankenfield
Hans G. Huessy (ERN 1813), Attorney for Appellant Diane Frankenfield
Kimberlee J. Sturtevant (ERN 4778), Attorney for Interested Person City of Burlington
Interested Person Michael Long
Interested Person Caryn Long
svalcour