In Re Meaker

588 A.2d 1362, 156 Vt. 182, 1991 Vt. LEXIS 37
CourtSupreme Court of Vermont
DecidedMarch 1, 1991
Docket89-049
StatusPublished
Cited by27 cases

This text of 588 A.2d 1362 (In Re Meaker) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Meaker, 588 A.2d 1362, 156 Vt. 182, 1991 Vt. LEXIS 37 (Vt. 1991).

Opinions

Allen, C.J.

Residents of the Town of Waterbury appeal the trial court’s issuance of a conditional use permit for the operation of a gravel pit on applicants’ property. We reverse.

The basic facts are not in dispute. Applicants Thomas W. Meaker, John P. Meaker, and Nancy B. Laird are co-owners of a parcel of land containing approximately 260 acres south of what is known as Perry Hill Road in Waterbury. They proposed to extract sand and gravel from a 10.2-acre portion of their property, and filed an application with the Town for approval under its zoning regulations. Such approval was required because Town of Waterbury Zoning Bylaws (bylaws) § 11.2 authorizes sand and gravel activities only as a conditional use.1 The Zoning Board of Adjustment (ZBA) approved the application after a hearing on September 18,1984, and granted the permit. Appellants filed timely notices of appeal and, after hearing, the Washington Superior Court on March 21, 1987, ordered a remand to the ZBA. After an appeal of that superior court order to this Court was dismissed by stipulation, the matter was remanded [184]*184to the ZBA under the original superior court order, and the ZBA again granted the permit. A second appeal was timely filed in the Washington Superior Court, and a de novo trial was conducted on July 7 and 8, 1988. On December 19,1988, the court granted applicants a permit.

The court concluded that the proposed project met all of the criteria set forth in § 4.4(2)(A) of the bylaws and granted a permit with conditions that limited the pit’s operation to between 8:00 a.m. and 4:00 p.m., Monday through Friday, and prohibited operation during the period from November 1 to April 15 of each year. Further, the permit limited the rate of extraction to ten loads of material per day. The present appeal is from that order.

Appellants argue that the trial court erred in concluding that the project met the requirements for a conditional use either under 24 V.S.A. § 4407(2)2 or § 4.4(2)(A) of the bylaws.3 They contest the court’s conclusion on all four of the stated criteria under § 4.4(2)(A).

The trial court’s findings “are to be so read as to support the judgment if they reasonably may be.” First Vermont Bank & Trust Co. v. Village of Poultney, 134 Vt. 28, 35-36, 349 A.2d 722, 728 (1975). We read the findings to support the judg[185]*185ment as to § 4.4(2)(A)(1), (3) and (4). First, we agree with the trial court’s conclusion that “community facilities” within the meaning of § 4.4(2)(A)(1) included only “water supply, sewage disposal, fire protection, school services, recreation facilities, solid waste facilities or police protection” and did not include roads or highways. See Lakeland Parks, Inc. v. Washington Township, 147 N.J. Super. 528, 537, 371 A.2d 762, 766 (1977) (road or street is not normally defined as a municipal facility within meaning of ordinance).

Appellants next argue that the trial court erred in failing to conclude that the proposed project would not adversely affect the character of the area, under § 4.4(2)(A)(3) of the bylaws. Appellants rest their argument on the court’s findings that the general area is residential in character and that the roads in the vicinity are used for jogging, walking, horseback riding, and biking. But those findings do not compel a conclusion that the character of the area will be adversely affected, and the court’s contrary conclusion is not clearly erroneous. See A. Brown, Inc. v. Vermont Justin Corp., 148 Vt. 192, 194, 531 A.2d 899, 901 (1987),

Appellants also mount a general attack on the proposed project as inconsistent with the town’s bylaws, within the meaning of § 4.4(2)(A)(4), since § 6 of the bylaws states within its general purposes the desire to “preserve the best possible environment for residential development.” However, the purpose statement of the bylaws has no direct regulatory effect. See Kalakowski v. John A. Russell Corp., 137 Vt. 219, 225, 401 A.2d 906, 910 (1979) (town plan is “advisory”). Appellants’ other arguments that the proposed project offends the town’s bylaws are without merit.

Appellants, however, do raise serious concerns about the consistency between the trial court’s findings and its conclusions with respect to the proposed project’s effect on roads and highways in the vicinity within the meaning of § 4.4(2)(A)(2). Several findings indicated that the impact of the proposed project on traffic would be significant. While we have concluded that roads are not “community facilities” and that § 4.4(2)(A)(1) is not violated by the proposed project, it is clear that the condition of a road or highway can affect its capacity and the amount and [186]*186speed of the traffic that it can sustain. Hence, there is a relationship between the impact of a project on .roads and highways and its impact on the traffic on those roads and highways.

The court found that the roads that would service the gravel trucks were beset by numerous problems. Finding 11 stated:

11. Vehicles traveling to or from the pit will use a road network consisting primarily of Route 100, Stowe Street and Lincoln Streets in the Colbyville area of Waterbury, Perry Hill Road, Kneeland Flats Road, and Guptil Road from its intersection with Kneeland Flats Road southward to its intersection with Route 100. None of these roads are posted for speeds less than 50 miles per hour. However, most of them are not safe for speeds in excess of 35 miles per hour. Loaded trucks weighing 68,000 pounds are allowed by the Town of Waterbury on town highways.

The court described the affected roadways as “20 to 21 feet in width with non-existent shoulders for the most part. All affected roadways, except Perry Hill road, are paved. However, much of the pavement is in poor condition.” The court added that in light of the “narrowness of the roads, the sharpness of the curves and the steepness of the inclines,” it doubted that gravel trucks could safely go faster than 25 miles per hour. The trial court was specific and detailed in its evaluation of the condition of the roadways serving the proposed project:

43. The presently existing traffic hazards are due to the nature of the roads, their construction, their maintenance, and their design. It is obvious that the residential development in the area, and on Perry Hill Road in particular, has outpaced the improvement of the public roads serving the area. No one would seriously disagree that these roads must be widened with appropriate shoulders; that the sharpness of the curves must be softened; and that the steep pitches must be reduced. The Town of Waterbury will have to address these problems, regardless of what happens in this case. (Emphasis added.)

The court’s findings were well-grounded in the testimony concerning traffic. In addition, there was ample testimony that the proposed project would exacerbate the traffic problems by accelerating the deterioration of the roads. Applicants’ expert [187]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jeffrey Rivard v. Windham State Attorney
Supreme Court of Vermont, 2025
In re Wagner & Guay Permit (Mary Bourassa, Appellant)
2016 VT 96 (Supreme Court of Vermont, 2016)
Rublee CU
Vermont Superior Court, 2016
Wagner Guay Permit
Vermont Superior Court, 2015
Willowell Foundation CU
Vermont Superior Court, 2014
Carrigan CU Application
Vermont Superior Court, 2013
Regan Prelim & Final SD Plat
Vermont Superior Court, 2012
Regan Accessory Use
Vermont Superior Court, 2012
Bibby 5-Lot Final Plat subdivision
Vermont Superior Court, 2012
Gerlach Parking Area
Vermont Superior Court, 2011
Musty Permit
Vermont Superior Court, 2011
Pion Sand & Gravel Pit
Vermont Superior Court, 2010
Gerlach Parking Area Permit
Vermont Superior Court, 2009
Pierce Woods PRD & Subdivision Application
Vermont Superior Court, 2007
Beebe 9-Lot Subdivision
Vermont Superior Court, 2007

Cite This Page — Counsel Stack

Bluebook (online)
588 A.2d 1362, 156 Vt. 182, 1991 Vt. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-meaker-vt-1991.