Objectors sought review of town’s decision to grant grocery store’s application for site-plan approval, and District Environmental Commission’s approval of store’s Act 250 application.
The Superior Court, Environmental Division, approved site-plan and Act 250 applications with conditions. Parties appealed.
The Supreme Court of Vermont held that:
- 75-foot building setback in approved and recorded subdivision plat was clear and unambiguous, and thus an enforceable condition;
- Proposed parking did not violate town’s zoning regulations limiting “front yard” parking;
- Evidence did not support finding that proposed stormwater grass swale would function as designed;
- Evidence did not support requirement conditioning permit approval on the installation of a traffic signal; and
- Trial court exceeded its discretion in striking post-approval traffic study requirement.