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HomeMy WebLinkAboutBATCH - Supplemental - 0105 Swift StreetSTITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURUNGTON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON Plaintiff, V. MARILYN LYNCH and JAMES LYNCH, Defendants. ENVIRONMENTAL DIVISION DOCKET NO. 131-10-12 Vtec ) AUG 12 2013 c:,L,n� P;o CiJLj� STIPULATION OF DISMISS A ,f;�1o�!ME' Tfl jsl� ry NO��T COME the Cityof South 1?:xrlington; by as�d through its attorneys, Stitzel, Page & Fletcher, P.C., Marilyn Lynch, pro se, and James Lynch, pro se, and pursuant to V.R.C.P. 41(a)(1), hereby stipulate and agree that the Court may enter as an Order that the above -captioned matter is DISMISSED. DATED at Burlington, Vermont this %/ " day of July 2013. STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH ;BURLINGTON y: Amanda S. E. Lafferty DATED at South Burlington, Vermont this day of July 2013. Marilyn Lynch , DATED at South Burlington, Vermont this day of July 2013. SO ORDERED: batV sonl3-0 5 lynch dismiss final lit Thomas G. Walsh, Environmental Judge STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURUNGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE ROBERT E. FLETCHER JOSEPH S. MCLEAN AMANDA S.E.LAFFERTY JOHN H. KLESCI4 DINA L. ATWOOD Jackie Fletcher, Manager TELEPHONE (802 660-2555) FAX (802-660-2552) W W W.FIRMSPF.COM ALAFFERTY@FI RMSPF. COM April 24, 2013 Superior Court, Environmental Division 2418 Airport Road, Ste. 1 Barre, VT 05641-8701 Re: City of South Burlington v. Lynch Docket No. 131-10-12 Wee Dear Jackie: DAVID W. RUGH* ERIC G. DERRY** DIANE M. SHERMAN *(ALSO ADMITCF.D IN MD) **(ALSO ADMITTED M Nil) I am writing to let the Court know that there has not been a significant change in the status of the subject property. The City expects that Mr. Lynch will proceed with the clean-up of his property so that the City may conduct another site visit no later than May 24, 2013. I will provide another written status report to the Court no later than May 31, 2013. At that point, I should know whether the parties are going to settle or whether the City will request that the Court set this enforcement matter for trial. Please call with questions. Thank you. Sincerely, Amanda S. E. Lafferty ASEL/ cc: Raymond J. Belair, Administrative Officer (via email) Mr. and Mrs. Lynch son13-040 asel to court re lynch cor southburlington PLANNING & ZONING January 26, 2012 James R. Lynch 105 Swift Street So. Burlington, VT 05403 Re: Notice of Violation, 105 Swift Street Dear Mr. Lynch: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: 1. Changed the use of a portion of the property without a zoning permit. 2. Maintaining or operating the property for the purpose of storing, keeping, processing, abandoning, buying, or selling junk without a zoning permit. 3. Maintaining or operating the property as an automobile graveyard without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property as a junk yard and remove all junk materials and all unregistered, inoperable motor vehicles. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tell 802.846,4106 fax 802.846.4101 www.sburi.com r �ai�P southrlingt® PLANNING & ZONING January 26, 2012 Marilyn F. Lynch 105 Swift Street So. Burlington, VT 05403 Re: Notice of Violation, 105 Swift Street Dear Ms. Lynch: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: 1. Changed the use of a portion of the property without a zoning permit. 2. Maintaining or operating the property for the purpose of storing, keeping, processing, abandoning, buying, or selling junk without a zoning permit. 3. Maintaining or operating the property as an automobile graveyard without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property as a junk yard and remove all junk materials and all unregistered, inoperable motor vehicles. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tot 802.846.4106 fax 802.846.4101 www.sburI.com r I (� 1-0, 64 � south urfingt® PLANNING & ZONING January 26, 2012 Marilyn F. Lynch 105 Swift Street So. Burlington, VT 05403 Re: Notice of Violation, 105 Swift Street Dear Ms. Lynch: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: 1. Changed the use of a portion of the property without a zoning permit. 2. Maintaining or operating the property for the purpose of storing, keeping, processing, abandoning, buying, or selling junk without a zoning permit. 3. Maintaining or operating the property as an automobile graveyard without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property as a junk yard and remove all junk materials and all unregistered, inoperable motor vehicles. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 te1 802.846.4106 fax 802.846.4101 www.sburI.com a VERMONT AGENCY OF TRANSPORTATION, DEPARTMENT OF MOTOR VEHICLES " � i r«a 1 , 1Y1UN I rtLItK, V LKMONT 05603-0( REGISTRATION CERTIFICATE MAKE MODEL IDENTIFICATION NUMBER NIN) DODGI TK 1B7HM06YOKS019899 YEAR�1� FUEL REGISTERED WGT 89 GAS 06099 MISCELLANEOUS TITLE UNLADEN VVGT 75X15ISSUED I 03099 KhL;tlr r LINE VALIDATES THIS CERTIFICATE OCT-15-12 65-10 AAM361 TRK 70.00 LYNCH,JAMES,R LYNCH,MARILYN,F 105A SWIFT ST S BURLINGTON VT 05403 RECEIVED OCT 15 2012 City of So. Burlington )1 OCT 13 PLATE NUMBER AAM361 TRUCK Le, Page 1 of 2 ray From: Amanda Lafferty [ALafferty@firmspf.com] Sent: Tuesday, May 28, 2013 1:32 PM To: ray Subject: RE: Lynch Attachments: 04-24-13 ASEL Ltr to Court.pdf Ray, By notice of violation dated January 26, 2012, you informed Mr. and Mrs. Lynch that they were in violation of the Land Development Regulations. This Notice included a copy of the form required for appealing to the DRB. Neither of the Lynches filed an appeal. Pursuant to 24 V.S.A. section 4472, the Lynches are bound by your determinations in the Notice and cannot contest your determinations before the Environmental Division, although the Judge may take the "circumstances surrounding the violation" into account in determining the daily penalty. By letter dated February 7, 2012, Mr. Lynch did summarize a phone conversation between you and him on February 2, 2012. It was your understanding that he would take the summer of 2012 to come into compliance. In late August 2012, when you had not observed sufficient progress, the City asked me to commence an enforcement action. The City filed its complaint on October 3, 2012. The Environmental Division eventually agreed to put this matter on hold while Mr. and Mrs. Lynch attempted to cure the violations. You conducted a site visit on May 24, 2013, and based on that visit, it is your determination that the violations listed in the Notice of Violation were cured. As a result, the violations continued for approximately 477 days starting on February 3, 2012 (the Lynches had 7 days after the date of the Notice in which to cure the violation) and ending as of May 24, 2013. See 24 V.S.A. section 4451(a). Starting in September 2012 and continuing through April 30, 2013, Stitzel, Page & Fletcher, P.C. has billed the City of South Burlington $2,009.40 for legal services in this matter, $262.50 for the Environmental Division filing fee and $106 for service of the summons and complaint on Mr. and Mrs. Lynch by the Chittenden County Sheriff, for a total of $2,377.90. If the City were to propose that Mr. and Mrs. Lynch pay this amount to the City as a penalty, the associated daily penalty would be approximately $4.985/day for each day that one of the violations continued. Please let me know whether the City would like to attempt to negotiate a settlement with the Lynches. The Court expects to hear from me soon. See the attached letter from me to the Court. If the parties are unable to reach an agreement and the City has to proceed with the litigation, then the City's costs and attorney's fees associated with this enforcement action, and therefore the penalty that the Lynches will pay, likely will increase. Please let me know if you have any questions. Thank you. Amanda Amanda S. E. Lafferty, Esq. Stitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402 Telephone: 802-660-2555 Fax: 802-660-2552 Website: www.firmsof.com This Electronic Mail transmission and any accompanying documents contain information belonging to the sender which are CONFIDENTIAL and legally PRIVILEGED. This information is intended only for the use of the individual or entity to whom this transmission was addressed, as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information in this transmission is strictly prohibited. If you have received this transmission in error, please reply to the sender at 802-660-2555 or the above e-mail address and delete this message and all attachments from your storage files. Thank you. From: ray [mailto:ray@sburl.com] Sent: Tuesday, May 28, 2013 10:34 AM To: Amanda Lafferty Subject: Lynch 6/6/2013 Page 2 of 2 Hi Amanda, did another site visit last Friday at the Lynch property and in my opinion he has gotten rid of all his junk. If at some point you could let me know how much you have spent on this enforcement action, I will meet with Kevin next week to go over the zoning violations and I can bring this up and he can decide how he wants us to proceed. Thanks. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. 6/6/2013 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 TELEPHONE (802 660-2555) STEVEN F. STITZEL FAX (802 660-2552) PATTI R. PAGE WWW.FIRMSPF.COM ROBERT E. FLETCHER ALAFFERTY@FIRMSPF.COM JOSEPH S.McLEAN AMANDA S. E. LAFFERTY JOHN H. KLESCH DINA L ATWOOD February 22, 2013 Jackie Fletcher, Manager Superior Court, Environmental Division 2418 Airport Road, Ste. 1 Barre, VT 05641-8701 Re: City of South Burlington v. Lynch, Docket No. 131-10-12 Vtec Dear Jackie: DAVID W RUGH' ERIC G. DERRY" DIANE M SHERMAN '(ALSO ADMITTED IN MD) -(ALSO ADMITTED IN NH) As requested, I am writing to let the Court know that there has not been a significant change in the status of the subject property, although the snow cover makes it difficult to observe changes. The City expects that, as soon as the snow melts, Mr. Lynch will proceed with the clean up of his property and notify me when he has completed the clean up, so that we may conduct another site visit. I will provide another written status report to the Court no later than April 5, 2013, by which time we hope to have conducted another site visit. Please call with questions. Thank you. Sincerely, r Amanda S. E. Lafferty ASEL/ cc: Raymond J. Belair, Administrative Officer (via email) Mr. and Mrs. Lynch son13-025 asel to court re lynch.cor ASSESSMENT RECORD ITEMS 19 19 7 19 G" 19 19 19 = 3 LAND 2sOOO28,738 = a B LDGS. 9 600 15,980 ° m m o -n z 0 11 21 400 C° TOTAL 800 10.7nn 25 100 64,500z TRANSFER RECORD 0 A u' BOOK PAGE DATE GRANTOR GRANTEE I.R.S. INDICATED PRICE u �- 126 523 5-26-76Mpnsrd, Virtnr Aames531.500m co i s 0 �o X GENERAL INFORMATION Z IMPROVEMENTS ZONING NEIGHBORHOOD UTILITIES (D MPROVED ST. RESIDENTIAL ACCESSIBILITY WATER N IDEWALK BUSINESS IMPROVING SEWER INDUSTRIAL STATIC ELECTRICITY OD IRT ROAD UNRESTRICTED DECLINING GAS 3 � r SKING PRICE y 0 ALES PRICE F� ATE SOLD Z 0 ENT ACANCY MPROVEMENTS SINCE PURCHASE USE OF LAND TOPOGRAPHY ESIDENTIAL LEVEL OMMERCIAL ROLLING r NDUSTRIAL ABOVE GRADE O ARM BELOW GRADE a 'OOOLAND STREET GRADE NDEVELOPED 0 z LOT IMPROVEMENTS LAND VALUE COMPUTATIONS CLASSIFICATION NO. ACRES UNIT VALUE O N �j% r •1 CROP LAND 0 Ln _ - PASTURELn rn BLUEBERRY E ORCHARD h'• l✓ CD � ct BRUSH U7 ct ct WASTE E ~ y WOODED "h til ct ct C17 ct H EO [D c+ URBAN LAND COMPUTATIONS LOT SIZE EFFECTIVE FRONTAGE UNIT PRICE TRI % LAND FACTORS COR. OR ALLEY INF. LOT DE?, FT. FT. PRICE LOT IMPVTS. FRONT REAR DEPTH ) 1 f 9 z -7 7 %J8 r TOTAL VALUE LAND Z.O 7J ��M1M1 tEMARKS h - 9 sz- A, -sq R r— 14f66' 17 OCT 2012 WED, FROM: JIM LYNCH 105 SWIFT ST. SO. BURLINGTON, 802-862-3487 VERMONT 05403-7399 TO: CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING ATTN: RAYMOND J. BELAIR RECEIVED OCT 2 2 2012 City of So. Burlington DEAR MR. BELAIR, HEAR IS THE LETTER THAT I PROMISED YOU ON MONDAY, THE 15TH, DURING OUR SHORT BUT INFORMATIVE MEETING. I WILL START OFF AT THE NORTH WEST CORNER OF THE GARAGE. YOU ASKED ME ABOUT WHAT WAS UNDER THE TARP BY THE PHONE POLE. IT IS MY OLD JOHN DEERE GARDEN TRACTOR WHICH I HAVE BEEN TRYING TO SELL FOR SOME TIME. I TOLD YOU I HAD TWO INTERESTED BUYERS, BUT BOTH HAD NO MONEY. I DID HOWEVER FIND A THIRD BUYER LAST WEEK AND WE ARE GOING TO DO SOME HORSE TRADING FOR REPAIRS ON MON'S CAR AND MY BLUE PICK UP. THE TRACTOR HAS BEEN PULLED FROM THIS AREA, AND IS AWAITING PICK UP. NEXT TO THE TRACTOR, 3EA NPR'S (NON -PENETRATING ROOF MOUNTS), THEY ('+RE NOW GONE. THERE WERE SOME EXTRA PARTS NEARBY AND THEY HAVE BEEN REMOVED. NEXT, BY THE FENCE, THERE WERE PILES OF METAL, SATELLITE MOUNTS, WIRE,TIN, ETC. ALL OF IT HAS BEEN REMOVED. ALSO IN THIS AREA WAS A PILE OF ALUMINUM PIECES FOR RECYCLING, THEY ARE GONE. IN THE SAME AREA, 2 EA ALUMINUM WINDOW ASSEMBLIES, THEY HAVE BEEN REMOVED AND DONATED TO (REBUILD) ON PINE STREET. RE -CYCLE NORTH. AROUND THE BLACK PICK-UP WAS ASSORTED SATELLITE MOUNT PARTS AND PANELS, THEY HAVE BEEN REMOVED. AFTER HAVING 3 MECHANICS STOP BY AND CHECK OUT BOTH PICK-UP'S, IT WAS DETERMINED THAT PUTTING MONEY INTO THE BLUE TRUCK, WAS THE ONLY CHOICE. I DO NOT HAVE ENOUGH MONEY TO RESTORE THE BLACK TRUCK. SELLING THE BLACK TRUCK SHOULD RAISE ENOUGH MONEY TO GET THE BLUE TRUCK REGISTERED AND INSURED. WE TOOK THE INSURANCE FROM BOTH TRUCKS AND TRANSFERRED IT OVER TO THE BLUE TRUCK. I STOPPED BY MONDAY AND SHOWED YOU THE REGISTRATION FOR THE BLUE TRUCK. THAT'S THE ONE YOU TOOK A COPY OF THE REGISTRATION. SO WE SHOULD BE GOOD ON THE BLUE TRUCK. THE BLACK TRUCK NEEDS TO BE EMPTIED AND MADE READY FOR DISPOSITION, I HAVE NOT GOTTEN TO THIS YET. BUT IT IS ON MY LIST OF THINGS TO DO NEXT WEEK. I HAVE TO MAKE ROOM IN THE GARAGE FOR IT'S CONTENTS. THE GUY INTERESTED IN THE JOHN DEERE TRACTOR, HAS CONFIRMED DEAL, AND HAS PICKED UP THE GRADER BLADE AND THE MOWER DECK. HE WILL PICK UP THE TRACTOR AND THE FRONT BLADE NEXT WEEK. SO THAT IS GONE. PAGE 2 THE OIL FURNACE IN MY DRIVEWAY ALONG WITH, 5 OIL BURNER HEADS AND 1 LP GAS HEAD ARE GONE. (HAD TO GIVE UP ON MY WINTER PROJECT) THE OPE'S (OTHER PEOPLES EQUIPMENT) THAT WAS UNDER THE WHITE TARP IN THE DRIVEWAY IS GONE. THE ONLY THING REMAINING ARE THE SHIPPING PALLETS, AND I HAVE TO CUT THEM UP AND ADD THEM TO MY WOOD PILE. ALL OF THE BICYCLE REPAIR, AND MAINTENANCE TEST STANDS HAVE REMOVED. I DONATED MY LAST 7 LARGE BIKES TO PEOPLE WITH DIABETICS AND 2 SMALLER BIKES TO GOODWILL. THIS ENDS FIXING UP BIKES AS A COMMUNITY SERVICE. SINCE I DISPOSED OF THE OIL FURNACE, I NO LONGER NEED THE WVO (WASTE VEGETABLE OIL) THAT I HAD SITTING ON THE TRAILER. I CONTACTED A NEW COMPANY IN NEW HAMPSHIRE AND THEY WILL PICK UP THE WVO ON THE 27TH. I STILL HAVE MINOR CLEAN UP IN THIS AREA, SCHEDULED FOR NEXT WEEK. THE 6 EACH 4X4X4 FOOT BOXES I HAD FIRE WOOD IN ARE NOW GONE. MY TEMPORARY PLASTIC COVER OVER MY WOOD PILE IS NOW GONE. THE TABLE SAW, THAT WAS UNDER TARP, IS GONE, WAITING FOR PICK UP BY "REBUILD" ON PINE STREET. PICK UP IS SCHEDULED FOR NEXT WEEK. "REBUILD" IS ALSO PICKING UP THE 3EA 275 GALLON OIL TANKS, SINCE WE CANNOT AFFORD FUELS O I L ANYMORE. ©l L 1 /7A*5 ^ ���e -lOiO�' I PRETTY MUCH HAVE THE FRONT YARD CLEANED UP. I HAVE SOME WORK ON G' THE EAST SIDE OF THE HOUSE, CLEANING UP THE WOOD PILE STORAGE, HAVE TO LAY OUT STAKES FOR MY PROPOSED WOOD SHED. I HAVE A BUILDING PERMIT APPLICATION, NEED TO FILL IT OUT, AND DESIGN A FLOOR PLAN AND LOCATION FOR THE PROJECT. BACK YARD: HAVE TO CLEANUP AROUND THE (SIP'S), FOLD UP THE PLASTIC, PUT THE FENCE BACK UP. HAVE REMOVED: 2 EA 8 FT SOLID FIBERGLASS REFLECTORS 2 EA 10 FT SOLID FIBERGLASS REFLECTORS 4 EA FIBERGLASS PANELS 6 EA 6FT FIBERGLASS REFLECTORS 12 EA ALUMINUM MESH/PERF PANELS 5 EA FIBERGLASS PANELS, THE 2 EA 10 FT SPUN ALUMINUM SOLAR HOT WATER REFLECTORS WERE ALMOST REMOVED LAST SATURDAY, BUT THE GUY CAME WITH THE WRONG KIND OF TRUCK FOR THE JOB. BROUGHT A STAKE BODY INSTEAD OF A FLAT BED TRUCK. THIS PICK UP SCHEDULE IS NOW IN RESCHEDULING. I STILL HAVE 2 EA 6FT FIBERGLASS REFLECTORS, 3EA FIBERGLASS PANELS AND 1EA 8FT FIBERGLASS HUB TO CUT UP AND GET INTO THE DUMPSTER BY NEXT FRIDAY. FOUND A 4 FT REFLECTOR TODAY OUT BACK, IT IS IN FRONT OF THE GARAGE READY TO BE CUT UP AND PUT IN THE DUMPIER. PAGE 3 I HAVE SOLD 1EA SATELLITE TRAILER THIS WEEK AND THAT WILL BE PICKED UP NEXT FRIDAY. I HAVE DISPOSED OF THE THE METAL MOUNTS AND HARDWARE ON THE WEST SIDE OF THE GARAGE. ANYTHING RELATED TO THE SATELLITE BUSINESS IS GONE. I DO HAVE MATERIALS OVER THERE FOR MY FUTURE PERSONAL PROJECTS AND REPAIRS ON THE HOUSE AND GARAGE. I STILL HAVE CLEANUP IN FRONT OF THE GARAGE, TO DO. I WOULD LIKE TO KEEP ONE OF THE TABLES OUT FRONT WITH THE SALT AND SAND JUGS ON IT. IT WOULD MAKE LIFE EASIER FOR ME AND MY WIFE TO KEEP THE DRIVEWAY, STEPS, AND WALK PATH CLEAN IN WINTER. WITH OUR MEDICAL CONDITIONS IT IS IMPERATIVE. LOOKING FORWARD TO YOUR VISIT IN 3 WEEKS, IF I HAVE ANYTHING ELSE TO DO YOU CAN POINT IT OUT AND I WILL GET IT DONE. IF YOU HAVE SUGGESTIONS I WILL GLADLY TAKE THOSE ALSO. I JUST WANT TO GET THIS PLACE CLEANED UP SO EVERYBODY IS HAPPY. IF I HAVE TO PUT IN FOR A ZONING CHANGE, I WILL DO THAT ALSO. SINCERELY AIM LYN` south PLANNING & ZONING June 28, 2012 James Lynch 105 Swift Street So. Burlington, VT 05403 Re: Zoning Violation Dear Mr. Lynch: I would like to meet with you to follow up on your letter of February 7, 2012 regarding the storage of junk on your property. Please call me to set up a time when I can visit your property so you can show me around. Me number is 846-4106. Thanks. Sinc ely, Raymond J. Belair Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802,846.4106 fax 802.846.4101 www.sburl.com /�- 4 � / 47 71� V//f PO Box 64709 NORTHCOUNTRY Burlington, VT05406 Phone: (802) 657-6847 FEDERAL CREDIT UNION Toll -Free: (800) 660-3258 THREE THOUSAND EIGHTY-ONE DOLLARS AND FORTY-TWO CENTS ********** PAY TO VIEW. DO NOT CASH IF NOT PRESENT. CHECK NO. 021T7$5 58-9100 2116 DATE AMOUNT 22JUL13 ***'*$3,081.42 its ikgiim- - VOID AFTER 90 DAYS STEVEN F. STITZEL PATTI R. PAGE ROBERT E. FLETCHER JOSEPH S. MCLEAN AMANDA S.E.LAFFERTY JOHN H. KLESCH DINA L. ATWOOD July 12, 2013 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 TELEPHONE (802 660-2555) FAX (802-660-2552) W W W.FIRMSPF.COM ALAFFERTY@FIRMSPF.COM PRIVILEGED AND CONFIDENTIAL SETTLEMENT COMMUNICATION SUBJECT TO V.R.C.P. 408 Mr. and Mrs. James Lynch 105 Swift Street South Burlington, VT 05403 Re: City of South Burlington v. Lynch Docket No. 131-10-12 Vtec Dear Mr. and Mrs. Lynch: DAVID W. RUGH* ERIC G. DERRY** DIANE M. SHERMAN "(ALSO ADMITTED IN MD) **(ALSO ADMITTED IN NH) I am writing on behalf of the City of South Burlington. By Notice of Violation dated January 26, 2012, the City Administrative Officer informed you that you were in violation of the City Land Development Regulations. Neither one of you appealed the Notice of Violation and the time for taking such an appeal has passed. Pursuant to 24 V.S.A. section 4472, you are bound by the determinations in the Notice of Violation. As a result, daily fines of up to $100 began to accrue on February 3, 2013, through June 30, 2012. Daily fines of up to $200 began to accrue on July 1, 2012, through May 24, 2013. By the City's calculation, your violations of the Land Development Regulations continued for approximately 477 days. Through June 30, 2013, the City has expended approximately $3,081.42 in reasonable enforcement costs in order to obtain your compliance with the Land Development Regulations. Please note that the City's enforcement costs are ongoing and should we fail to reach a settlement, the City will request that the Court impose a penalty that reimburses the City all of its enforcements costs, including those incurred beyond June 30, 2013, The City proposes that we stipulate to a Court Order that requires you to pay a daily penalty of $6.46 for each of the 477 days of violation and that requires that you each shall be jointly and severally liable for the total fine amount. Mr. and Mrs. James Lynch July 12, 2013 Page 2 The City is willing to consider a reasonable payment plan if you are willing to pay the proposed penalty, but would prefer to pay it out over a period of time. In addition, the City understands that Mr. Lynch is quite handy and is willing to consider the possibility of an "in -kind" arrangement whereby Mr. Lynch performs tasks for the City in order to reduce the total fine amount. If you are interested in this option, please provide the City with a list of the types of work or tasks that Mr. Lynch is capable of performing. Please consider this settlement proposal and call or write with questions or in response. Thank you. Sincerely, Amanda S. E. Lafferty ASEL/ cc: Raymond J. Belair, Administrative Officer (via email) son 13-058 asel to lynch cor 07 FEB 2012 � PAGE #1 � FwROM: JIM LYNCH 105 SWIFT ST. SO. BURLINGTON, VERMONT 05403-7399 TO: CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET ST. SO. BURLINGTON, VERMONT 05403 eATTN: RAYMOND J. BELAIR HI RAY, THIS IS THE LETTER THAT YOU REQUESTED, REFERENCE OUR PHONE CALL OF LAST THURSDAY, 02 FEB 2012. AS STATED ON THE PHONE WITH YOU, I HAVE REMOVED THE CAR, 4 TIRES, 2 EA AUTOMOTIVE BATTERY'S, PARTS AND MATERIALS LOCATED ON OR NEAR THE OLD CAR. ALL OTHER VEHICLES ARE REGISTERED AND INSURED., I ACTUALLY STARTED CLEANING UP THE FRONT YARD BEFORE I GOT YOUR LETTER, BUT RAN OUT OF GOOD WEATHER, AND ONLY GOT AS FAR AS THE DRIVEWAY. YOU QUESTIONED WHAT WAS UNDER THE TARP'S OUT FRONT, IT'S FIREWOOD. I WILL BE MORE THAT HAPPY TO SHOW YOU THE WOOD PILE UNDER THE TARPS. BOTH ME AND MY WIFE HAVE LIMITED MOBILITY, THUS I TRY TO KEEP THE RUN FROM THE WOOD PILE TO THE HOUSE SHORT AS POSSIBLE. DON'T NEED TO HAVE AN ACCIDENT AT OUR AGE. WHEN I HAD MY LOG PILE ON THE WEST SITE OF THE DRIVEWAY, PEOPLE WHO PARKED IN THE PARKING LOT NEXT DOOR, WOULD WALK INTO MY YARD AND HELP THEM SELF'S TO MY HARD EARNED WOOD. I LOST OVER 1/2 CHORD OF WOOD THAT YEAR. THAT'S ALMOST 25% OF THE FUEL I USE FOR HEAT. I ALSO LOST THE $ 80.00 ALUMINUM HAND CART WHICH I USED TO MOVE THE WOOD FROM THE LOG PILE TO THE HOUSE. THE YEAR BEFORE THAT, I LOST OVER 500 GALLONS OF KEROSENE STOLEN FROM ME BY SOMEONE WHO PARKED NEXT DOOR, AND WITH A GARDEN HOSE AND A PUMP STOLE MY HEATING FUEL OVER A PERIOD OF 2 WEEKS AS NEAR AS I CAN FIGURE. THAT SAME SUMMER SOMEONE STOLE MY $1500.00 OUTBOARD MOTOR RIGHT OFF MY FISHING BOAT. _ AFTER THAT, I RELOCATED MY FIREWOOD CLOSE TO THE HOUSE. IT MADE MOVING WOOD FROM THE PILE TO THE HOUSE MUCH EASIER AND SAFER. GOING UP THE STEPS THRU THE FRONT DOOR TO THE WOOD STOVE INSIDE,, IT ALSO IMPROVED SECURITY FOR MY FIREWOOD, AND I HAVEN'T LOST ANY FIREWOOD SINCE THEN. ONE PROBLEM WITH LIVING ON THE SIDE OF A HILL, NO FLAT GROUND. AN ADDED BONUS IS WHEN IT SNOWS HARD,IT FILLS IN WITH SNOW BETWEEN THE HOUSE AND THE WOOD PILE, THUS KEEPING THE HOUSE NICE AND WARM. IT ALSO PROVIDES A GOOD WIND BREAK. WE HAVE LOST ALL OF OUR NATURAL SHIELDING FROM THE ELEMENTS BECAUSE OF DEVELOPMENT IN THE NEIGHBORHOOD OVER THE YEARS. _ � � GE #2 WITH THE WOOD PILE IN IT'S CURRENT LOCATION, TRAFAIC NOISE IS GREATLY REDUCED. (WHICH IS GETTING QUITE BAD LATELY). THE SPEED LIMIT SHOULD BE 25 MPH NOT 35 MPH. IT'S LIKE LIVING ON THE FLIGHT DECK OF AN AIRCRAFT CARRIER. SORRY, GOT CARRIED AWAY. THE DRIVE WAY CLEAN UP HAS BEEN UNDER WAY AS IS SAID EARLIER, BUT RAN OUT OF WEATHER. SOME OF THE EQUIPMENT IS "OPE" (OTHER PEOPLES EQUIPMENT) I AM IN CONTACT WITH THEM, AND TRYING TO GET IT PICKED UP. OTHER EQUIPMENT IS FOR INSTALLATION OF COMMERCIAL SATELLITE SYSTEMS AND ACCESSORIES. THIS TO I AM TRYING TO GET RID OF ALSO.. SINCE I AM NO LONGER DOING INSTALLATION WORK, ALL PARTS AND MATERIALS RELATED TO THIS, ARE GOING. I AM HOWEVER DOING LIMITED CONSULTING AND TROUBLE SHOOTING WHICH REQUIRES THAT I KEEP SOME PARTS ON HAND. I TRIED TO BLOCK OFF THE DRIVEWAY WITH ORANGE TRAFFIC CONES, BUT BY THE NEXT MORNING, SOMEONE HAD STOLEN THEM. SO PUT SOME TABLES OUT IN THE DRIVEWAY IN HOPES THAT IT WOULD STOP PEOPLE FROM MAKING "U" TURNS IN MY DRIVEWAY. IT WORKED, BUT THEY STILL TURN AROUND IN MY DRIVEWAY. I HAVE HAD 2 BROKEN WINDSHIELDS, 2 REAR WINDOWS BROKEN, 1 SIDE WINDOW BROKEN, AND 3 VEHICLES BROKEN INTO. YOU MAY PORCH, HAVE NOTICED THE THEY ARE FULL OF BLUE JUGS ON THE SAND AND SALT FOR TABLES, TRAILER AND FRONT THE DRIVEWAY AND WALK PATH. I KEEP THESE JUGS UP HIGH BECAUSE I CANNOT BEND OVER VERY EASILY TO PICK THEM UP. YOU MAY HAVE ALSO NOTICED 5 GAL JUGS OF "WVO" (WASTE VEGETABLE OIL) SITTING ON THE TRAILER OUT FRONT. THIS IS ANOTHER FUEL SOURCE THAT I BURN FOR HEAT. IT'S SUPPOSE TO GO INTO A 55 SAL DRUM, WHICH I HAVE NOT MADE A STAND FOR YET. I ALSO HAVE PLANS TO MAKE BIO-DIESEL FROM THE WVO, BUT HAVEN'T HAD TIME OR THE MONEY TO START AND FINISH THE PROJECT. THE GUY WHO WAS MAKING BIO-DIESEL AND GOING TO TEACH ME, MOVED. MY SHOP AND GARAGE ARE FULL OF (OPE'S) THESE ITEMS ARE GOING. ONE WAY OR THE OTHER AT LEAST THOSE ARE MY PLANS ANYWAYS. THE LARGE SATELLITE/SOLAR REFLECTORS AT THE REAR OF MY PROPERTY ARE GOING. I ORIGINALLY PLACED THEM THERE TO ISOLATE, STOP OR REDUCE THE NOISE COMING FROM THE PARK OUT BACK. ONE MY BIGGEST PROBLEMS IS FROM PEOPLE, WHO PARK BACK THERE, FACING NORTH, AND SHINNING THEIR HEADLIGHTS INTO MY HOUSE, AND DECK, DAY OR NIGHT. AND PLAYING LOUD MUSIC AT THE SAME TIME. VERY ANNOYING. PEOPLE CUTTING THRU MY YARD, TAKING A SHORT CUT FROM SWIFT STREET TO FARRELL PARK ANOTHER PROBLEM.. BICYCLES CUTTING THRU THE YARD WHO THINK MY YARD IS A MOUNTAIN BIKE PATH. NOT TO MENTION UNLEASHED DOGS (FROM THE PARK) RUNNING AROUND THE YARD, LEAVING UNFINISHED BUSINESS BEHIND, AND SOMETIMES BEING CHASED BY INCONSIDERATE OWNERS. I HAVE BEEN ON THE PHONE LOCATING ORGANIZATIONS, GROUPS AND PEOPLE, TRYING TO FIND A GOOD HOME FOR THEY EQUIPMENT, PARTS AND MATERIALS. � � PAGE #3 THE PEOPLE WHO PUT ON " VERMONT SOLAR FESTIVAL" HAVE BEEN MOST HELPFUL. THEY WILL MOST LIKELY TAKE THE LARGE REFLECTORS, AND MOUNTS. BUT I AM STILL PLAYING TELEPHONE TAG WITH THEM. THE BSA "BOY SCOUTS OF AMERICA" WILL TAKE SOME OF THE SMALLER REFLECTORS FOR A SOLAR OVEN PROJECT WITH MY HELP. THE FTA "FREE TO AIR" SATELLITE ENTHUSIAST WILL TAKE SOME OF THE SMALLER REFLECTORS AND ELECTRONICS FOR THEIR PROJECTS. THE AMATEUR RADIO COMMUNITY WILL TAKE SOME OF THE ELECTRONICS AND EQUIPMENT FOR THEIR PROJECTS. I HAVE RECEIVED RESPONSES FROM PEOPLE WHO WANT TO USE THE REFLECTORS AS ROOF'S FOR WOOD SHEDS, PONDS, OUT BUILDING ROOFS ETC. EVEN HAD A QUIRE FROM A GROUP THAT WANTS TO USE MY LARGEST REFLECTOR AS A SKATE BOARD AND ROLLER BLADE RAMP. I DO NOT HAVE ANY JUNK, WHAT I DO HAVE IS EQUIPMENT, PARTS, AND MATERIALS FOR MY PROJECTS AND OTHER PEOPLES PROJECTS AND NEEDS. LAST YEAR I BUILT A WOODSPLITTER, A WOOD STOVE GRATE ASSEMBLY, THREE PIECES OF MEDICAL ELECTRONICS, A CASTING FOR AN 80 GAL SUMP PUMP TANK, 4 SPECIALIZED BICYCLES AND ONE FOR MYSELF, WHICH I DESIGNED, ENGINEERED, FABRICATED AND BUILT FOR PEOPLE IN THE COMMUNITY WITH DIABETICS. I ALSO BUILD 6 SPECIALIZED TABLES FOR THE BOY SCOUTS AND EXPLORES. THIS YEAR I HAVE ALREADY BUILT AND DESIGNED A WOODSTOVE FOR A ELDERLY COUPLE WHO COULD NOT AFFORD $20.00 A DAY FOR PROPANE HEAT. I TAUGHT HIM HOW TO CUT UP SHIPPING PALLETS AND WHERE TO GET THEM FREE. THEY WERE PAYING $140.00 MINIMUM PER WEEK FOR HEAT, NOW THEY PAY $ 5.67 A WEEK WHICH COVERS ELECTRICITY TO RUN THE SAW, $ 2.00 GAS TO GET $3.00 FOR A NEW THE PALLETS, $.17 SAW BLADE, AND FOR $ .50 FOR THE FAN TO CIRCULATE AIR. BY THE WAY, I HAVE NEVER CHARGED A PENNY FOR ANY OF THIS WORK. I TRY TO HELP OTHERS HELP THEMSELVES. THE WORK THAT MOST PEOPLE CAN DO IN ONE DAY, TAKE ME AT LEAST 3 DAYS OR MORE TO DO THE SAME THING. FEBRUARY, THE MIDDLE OF WINTER, IS NOT THE BEST TIME OF YEAR FOR SPRING CLEANUP. BUT I AM TRYING. IF YOU HAVE ANY IDEAS OR SUGGESTIONS I WOULD GREATLY APPRECIATE ANY FEEDBACK. SINCERELY _ FILE:CLEANUP.YRD r `lam s®uthburlingt®n PLANNING & ZONING January 26, 2012 Marilyn F. Lynch 105 Swift Street So. Burlington, VT 05403 Re: Notice of Violation, 105 Swift Street Dear Ms. Lynch: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: 1. Changed the use of a portion of the property without a zoning permit. 2. Maintaining or operating the property for the purpose of storing, keeping, processing, abandoning, buying, or selling junk without a zoning permit. 3. Maintaining or operating the property as an automobile graveyard without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property as a junk yard and remove all junk materials and all unregistered, inoperable motor vehicles. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburi.com fines of up to $100.00 per day for each day each violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sincere) , Raymond J. Belair Administrative Officer Encl. CC: Amanda S. E. Lafferty, Esq. Certified Mail Receipt # 7010 0290 0000 2215 4078 WIN, NE e southburlington PLANNING & ZONING January 26, 2012 James R. Lynch 105 Swift Street So. Burlington, VT 05403 Re: Notice of Violation, 105 Swift Street Dear Mr. Lynch: 6 Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: 1. Changed the use of a portion of the property without a zoning permit. 2. Maintaining or operating the property for the purpose of storing, keeping, processing, abandoning, buying, or selling junk without a zoning permit. 3. Maintaining or operating the property as an automobile graveyard without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property as a junk yard and remove all junk materials and all unregistered, inoperable motor vehicles. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburl.com fines of up to $100.00 per day for each day each violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Since el , Raymond J. Belair Administrative Officer Encl. CC: Amanda S. E. Lafferty, Esq. Certified Mail Receipt # 7010 0290 0000 2215 4085 i O1/23/2012 City of South Burlington Grand List 01:58 pm Parcel Report For Parcel: 1700-00105. LYNCH JAMES R & MARIYLN F Name LYNCH JAMES R & MARIYLN F 105 SWIFT ST S BURLINGTON VT 05403 Location 911 105 SWIFT ST Tax Map 37-025-000 Codes: (1) (Category)R1 (Equipment) (Owner)T Wood Crop Pasture Other Site Acres: 0.00 0.00 0.00 0.00 0.00 Real Land Building Equipment Values: 235,700 83,000 152,700 0 Homestead Veterans Farm Stab. L.U. Acres 235,700 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt 0 0.00 0 0.00 Housesite Special Exmp Grand List 235,700.00 0.00 2,357.00 Misc: Status: T Bill #: 54338 Updated: 06/14/2011 Last sale was: Invalid on / / for $0 recorded on 00126/00523 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 104155000 (8) : N (9) : 0 SPAN: 600-188-13864 Page 1 of 1 ray Total 0.96 Inventory 0 Land Use 0.00 Prev. Real 235,700 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 TELEPHONE (802 660-2555) STEVEN F. STITZEL FAX (802-660-2552) PATTI R. PAGE W W W.FIRMSPF.COM ROBERT E. FLETCHER DIANE@FIRMSPF.COM JOSEPH S. MCLEAN AMANDA S.E.LAFFERTY JOHN H. KLESCH DINA L. ATWOOD October 9, 2012 Jacalyn M. Fletcher, Court Manager Superior Court Environmental Division 2418 Airport Rd, Suite 1 Barre, VT 05641-8701 Re: City of South Burlington v. Marilyn Lynch and James Lynch Docket No. 131-10-12 Vtec Dear Jacalyn: DAVID W. RUGH* ERIC G. DERRY" DIANE M. SHERMAN *(ALSO ADMITTED IN MD) **(ALSO ADMITTED IN NH) Enclosed please find two Returns of Service from the Chittenden County Sheriffs Department showing service of the Summonses and Complaint on the Defendants Marilyn Lynch and James Lynch as well as the original Summonses for filing in the above -referenced matter. Please contact me should you have any questions. Sincerely, Diane M. Sherman DMS/smb Enclosure cc: Raymond J. Belair, Administrative Officer SON12-067 cor CHITTENDEN COUNTY SHERIFF'S DEPARTMENT P.O. BOX 1426 BURLINGTON, VERMONT 05402 RETURN OF SERVICE �i / On the day of � --�20 I made following document(s) upon the defendant Summons Complaint Motion(s) ❑ Affidavit ❑ Summons to Trustee ❑ List of Exemptions ❑ Trustee Disclosure Under Oath ❑ Order to Escrow Rent ❑ Notice to Vacate ❑ Subpoena - Witness fees of 07by delivering a copy of the same to the defendant. ❑ by delivering a copy of the same to ❑ Interrogatories ❑ Exhibit(s) ❑ Writ of Possession ❑ Judgment Order ❑ Order ❑ Memorandum of Law ❑ Notice of Hearing ❑ Writ of Attachment ❑ Recognizance ❑ a person of suitable age and discretion and then and there a resident at the said defendant. 1L At �r Vermont, (for each of them) a copy thereof with my return endorsed thereon. Service Z Copies $ S P Travel V Miles < Postage Copying Copies Town Clerk Pages Notary Fee Other TOTAL $ ce of the place of abode 1 CHITTENDEN COUNTY SHERIFF'S DEPARTMENT P.O. BOX 1426 BURLINGTON, VERMONT 05402 RETURN OF SERVICE On the day of I mad service of the following document(s) upon the defendant r Summons,- ❑ Interrogatories Complaint ElExhibit(s) t ❑ Motion(s) El Writ of Possession ❑ Affidavit ❑Judgment Order ❑ Summons to Trustee ❑ Order ❑ List of Exemptions ❑ Memorandum of Law ❑ Trustee Disclosure Under Oath ❑ Notice of Hearing — El Order to Escrow Rent ❑ Writ of Attachment ❑ Notice to Vacate ❑ Recognizance ❑ Subpoena - Witness fees of El In , by delivering a copy of the same to the defendant. NEI by delivering a copy of the same to ❑ a person of suitable age and discretion and then and there a resident at the usual place of said defendant. At ermont, (for each of them) a copy thereof with my return endorsed thereon. Service Copies $ Travel _ Miles Postage Copying _ Town Clerk Notary Fee Other TOTAL Copies Pages of STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF V�RIYIONT SUPERIOR COURT CITY OF SOUTH BURLINGTON Plaintiff, V. MARILYN LYNCH and JAMES LYNCH, Defendants. ENVIRONMENTAL DIVISION DOCKET NO. _-10-12 Vtec SUMMONS THIS SUMMONS IS DIRECTED TO: JAMES LYNCH 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. 2. YOU MUST REPLY WITHIN 20* DAYS TO PROTECT YOUR RIGHTS. You must give or mail the Plaintiff a written response called an Answer within 20* days of the date on which you received this Summons. You must send a copy of your Answer to the Plaintiffs Attorney, Amanda S. E. Lafferty, Esq., at 171 Battery Street, P.O. Box 1507, Burlington, Vermont 05402-1507. You must also give or mail your Answer to the Court located at 2418 Airport Road, Ste. 1, Barre, Vermont, 05641-8701. 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERDIONP 05402-1507 the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN ANSWER TO THE COURT. If you do not Answer within 20* days and file it with the Court, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. YOU MUST MAKE ANY CLAIMS AGAINST THE PLAINTIFF IN YOUR REPLY. Your Answer must state any related legal claims you have against the Plaintiff. Your claims against the Plaintiff are called Counterclaims. If you do not make your Counterclaims in writing in your Answer, you may not be able to bring them up at all. Even if you have insurance and the insurance company will defend you, you must still file any Counterclaims you may have. 6. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places where you can get free legal help. Even if you cannot get legal help, you must still give the Court a written Answer to protect your rights or you may lose the case. Dated: October 2, 2012 U Amanda S. E. Lafferty, Esq. * Use 20 days, except that in the exceptional situations where a different time is allowed by the Court in which to answer, the different time should be inserted. son 12-035 (city v. lyncb summons2) STITZEI., PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON Plaintiff, VIM MARILYN LYNCH and JAMES LYNCH, Defendants. ENVIRONMENTAL DIVISION DOCKET NO. -10-12 Vtec QT TA/TA/i1r1TkT.Q THIS SUMMONS IS DIRECTED TO: MARILYN LYNCH 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiffs Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. 2. YOU MUST REPLY WITHIN 20* DAYS TO PROTECT YOUR RIGHTS. You must give or mail the Plaintiff a written response called an Answer within 20* days of the date on which you received this Summons. You must send a copy of your Answer to the Plaintiffs Attorney, Amanda S. E. Lafferty, Esq., at 171 Battery Street, P.O. Box 1507, Burlington, Vermont 05402-1507. You must also give or mail your Answer to the Court located at 2418 Airport Road, Ste. 1, Barre, Vermont, 05641-8701. 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERNIONT 05402-1507 the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN ANSWER TO THE COURT. If you do not Answer within 20* days and file it with the Court, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. 5. YOU MUST MADE ANY CLAIMS AGAINST THE PLAINTIFF IN YOUR REPLY. Your Answer must state any related legal claims you have against the Plaintiff. Your claims against the Plaintiff are called Counterclaims. If you do not make your Counterclaims in writing in your Answer, you may not be able to bring them up at all. Even if you have insurance and the insurance company will defend you, you must still file any Counterclaims you may have. 6. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places where you can get free legal help. Even if you cannot get legal help, you must still give the Court a written Answer to protect your rights or you may lose the case. Dated: October 2, 2012 ��._ Sh_` I' Amanda S. E. Lafferty, Esq. * Use 20 days, except that in the exceptional situations where a different time is allowed by the Court in which to answer, the different time should be inserted. son 12-035 (city v. lynch summons) STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 TELEPHONE (802 660-2555) STEVEN F. STITZEL FAX (802-660-2552) PATTI R. PAGE W W W.FIRMSPF.COM ROBERT E. FLETCHER DIANE r@i FIRMSPF.COM JOSEPH S. MCLEAN AMANDA S.E.LAFFERTY JOHN H. KLESCH DINA L. ATWOOD October 2, 2012 Jacalyn M. Fletcher, Court Manager Superior Court Environmental Division 2418 Airport Rd, Suite 1 Barre, VT 05641-8701 Re: City of South Burlington v. Marilyn Lynch and James Lynch Docket No. -10-12 Vtec Dear Jacalyn: DAVID W. RUGH* ERIC G. DERRY** DIANE M. SHERMAN *(ALSO ADMITTED IN MD) **(ALSO ADMITTED IN NH) Enclosed please find a Complaint on behalf of the City of South Burlington for filing in the above -referenced matter. Also enclosed please find a check for $262.50 in payment of the filing fee. Please contact me should you have any questions. Sincerely, Diane M. Sherman DMS/smb Enclosure cc: Raymond J. Belair, Administrative Officer SON12-065 cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET PO. BOX 1507 WRLINGTON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON Plaintiff, V. MARILYN LYNCH and JAMES LYNCH, Defendants. ENVIRONMENTAL DIVISION DOCKET NO. -10-12 Vtec COMPLAINT NOW COMES the City of South Burlington, by and through its attorneys, Stitzel, Page & Fletcher, P.C., and for its Complaint, states as follows: 1. The City of South Burlington (hereinafter the "City") is a Vermont municipality situated in Chittenden County. 2. At all times material to this Complaint, the City has had duly adopted Land Development Regulations in effect. 3. Defendants own and/or occupy real property located at 105 Swift Street in the Swift Street zoning district in South Burlington, Vermont (hereinafter the "Property"). There is an existing single-family dwelling on the Property. 4. On or before January 26, 2012, Defendants commenced the following activities on the Property: changing the use of a portion of the Property, maintaining or operating the Property for the purpose of storing, keeping, abandoning, buying, or selling junk, and maintaining or operating the Property as an automobile graveyard. 1 STITZEL, PAGE & FLETCHER, P.C. MORNEYS AT LAW 171 BATTERY STREET PO. BOX 1507 WRLINGTON, VERMONT 05402-1507 5. The activities listed in Paragraph 4, above, constitute land development for which zoning permits are required under Section 17.02 of the City of South Burlington Land Development Regulations (hereinafter the "Land Development Regulations") and 24 V.S.A. § 4449(a)(1). 6. Defendants commenced the land development described in Paragraph 4, above, without first obtaining zoning permits authorizing the activities. 7. The activities identified in Paragraphs 4 and 6, above, constitute violations of Section 17.02 of the Land Development Regulations and 24 V.S.A. § 4449(a). 8. On or about January 26, 2012, the City's Administrative Officer provided each Defendant with a written Notice of Violation pertaining to the un- permitted land development described in Paragraphs 4 and 6, above. Each Notice of Violation described the violations and provided each Defendant with a seven-day period in which to cure the violations. True and correct copies of each Notice of Violation, marked as Exhibits A and B, are attached hereto and incorporated herein by reference. The City sent each Notice of Violation to the respective Defendant by Certified Mail, Return Receipt Requested. 9. Neither Defendant appealed the Notices of Violation and the time for taking such an appeal has passed. 10. Defendants have failed and/or refused to bring the Property into compliance with the Land Development Regulations and Title 24, Chapter 117 of the Vermont Statutes Annotated. 2 STITZEL, PAGE & FLETCHER, P.C. MORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 3URLINGTON, VERMONT 05402-1507 WHEREFORE the City requests that this Court enter an Order granting the City the following relief. 1. Granting permanent injunctive relief in the City's favor, requiring Defendants to remove from the Property any and all junk, to cease using the Property as an automobile graveyard, and to cease the change of use of the Property. 2. Awarding the City fines of $100.00 per day for each day prior to July 1, 2012, that each Defendant has been in violation of the City of South Burlington Land Development Regulations and Vermont law since and including February 3, 2012; and 3. Awarding the City fines of $200.00 per day for each day since and including July 1, 2012, that each Defendant has been in violation of the City of South Burlington Land Development Regulations and Vermont law. 4. Awarding such other relief as the Court deems proper. DATED at Burlington, Vermont this 2nd day of October 2012. STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH BURLINGTON By: Lvt2-011 s%vI.-- �o r Amanda S. E. Lafferty, Esq. \\SPF-sbs\company2\WPDOC\LIT\son12-034a (city v. lynch).docx 3 N EXHIBIT a m January 26, 2012 Marilyn F. Lynch 105 Swift Street So. Burlington, VT 05403 r southburlington PLANNING & ZONING Re: Notice of Violation, 105 Swift Street Dear Ms. Lynch: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: I. Changed the use of a portion of the property without a zoning permit. 2. Maintaining or operating the property for the purpose of storing, keeping, processing, abandoning, buying, or selling junk without a zoning permit. 3. Maintaining or operating the property as an automobile graveyard without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property as a junk yard and remove all junk materials and all unregistered, inoperable motor vehicles. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburi.com fines of up to $100.00 per day for each day each violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sincerel 4,6- R J. Belair Administrative Officer Encl. CC: Amanda S. E. Lafferty, Esq. Certified Mail Receipt # 7010 0290 0000 2215 4078 EXHIBIT E southburlington PLANNING & ZONING January 26, 2012 James R. Lynch 105 Swift Street So. Burlington, VT 05403 Re: Notice of Violation, 105 Swift Street Dear Mr. Lynch: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property: 1. Changed the use of a portion of the property without a zoning permit. 2. Maintaining or operating the property for the purpose of storing, keeping, processing, abandoning, buying, or selling junk without a zoning permit. 3. Maintaining or operating the property as an automobile graveyard without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property as a junk yard and. remove all junk materials and all unregistered, inoperable motor vehicles. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com fines of up to $100.00 per day for each day each violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) including the $233 fee within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sincere) Raymond 1. Belair Administrative Officer Encl. CC: Amanda S. E. Lafferty, Esq. Certified Mail Receipt # 7010 0290 0000 2215 4085 I STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 TELEPHONE (802 660-2555) STEVEN F. STITZEL FAX (802-660-2552) PATTI R. PAGE W W W.FIRMSPRCOM ROBERT E. FLETCHER DIANE@FIRMSPF.COM JOSEPH S. MCLEAN AMANDA S.E.LAFFERTY JOHN H. KLESCH DINA L. ATWOOD October 2, 2012 Kevin M. McLaughlin, Sheriff Chittenden County Sheriff's Department P.O. Box 1426 Burlington, VT 05402 Re: City of South Burlington v. Marilyn Lynch and James Lynch Docket No. -10-12 Vtec Dear Sheriff McLaughlin: DAVID W. RUGH* ERIC G. DERRY** DIANE M. SHERMAN *(ALSO ADMITTED IN MD) **(ALSO ADMITTED IN NM Please find enclosed for service upon each of the Defendants one copy of each of the Complaint and the Summons. I also enclose the original Summons for each Defendant. Marilyn Lynch and James Lynch can be found at 105 Swift Street in South Burlington, Vermont. Once service is complete, please send me your return together with your bill Please contact me should you have any questions. Thank you. Sincerely, Diane M. Sherman DMS/smb Enclosures cc: Raymond J. Belair, Administrative Officer SON12-066 cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO. BOX 1507 BURLINGPON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON Plaintiff, V. MARILYN LYNCH and JAMES LYNCH, Defendants. ENVIRONMENTAL DIVISION DOCKET NO. -10-12 Vtec SUMMONS THIS SUMMONS IS DIRECTED TO: MARILYN LYNCH 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. 2. YOU MUST REPLY WITHIN 20* DAYS TO PROTECT YOUR RIGHTS. You must give or mail the Plaintiff a written response called an Answer within 20* days of the date on which you received this Summons. You must send a copy of your Answer to the Plaintiffs Attorney, Amanda S. E. Lafferty, Esq., at 171 Battery Street, P.O. Box 1507, Burlington, Vermont 05402-1507. You must also give or mail your Answer to the Court located at 2418 Airport Road, Ste. 1, Barre, Vermont, 05641-8701. 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe STITZEL, PAGE & FLETCHER, P.C. NTTORNEYS AT LAW 171 BATTERY STREET PO. BOX 1507 3URLINGTON, VERMONE 05402-1507 the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN ANSWER TO THE COURT. If you do not Answer within 20* days and file it with the Court, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. 5. YOU MUST MAKE ANY CLAIMS AGAINST THE PLAINTIFF IN YOUR REPLY. Your Answer must state any related legal claims you have against the Plaintiff. Your claims against the Plaintiff are called Counterclaims. If you do not make your Counterclaims in writing in your Answer, you may not be able to bring them up at all. Even if you have insurance and the insurance company will defend you, you must still file any Counterclaims you may have. 6. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places where you can get free legal help. Even if you cannot get legal help, you must still give the Court a written Answer to protect your rights or you may lose the case. Dated: October 2, 2012 L)'-e-L S%-_._ -ro Amanda S. E. Lafferty, Esq. * Use 20 days, except that in the exceptional situations where a different time is allowed by the Court in which to answer, the different time should be inserted. son12-035 (city v. lynch summons) 1 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT SUPERIOR COURT CITY OF SOUTH BURLINGTON Plaintiff, V. MARILYN LYNCH and JAMES LYNCH, Defendants. ENVIRONMENTAL DIVISION DOCKET NO. -10-12 Vtec SUMMONS THIS SUMMONS IS DIRECTED TO: JAMES LYNCH 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiffs Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. 2. YOU MUST REPLY WITHIN 20* DAYS TO PROTECT YOUR RIGHTS. You must give or mail the Plaintiff a written response called an Answer within 20* days of the date on which you received this Summons. You must send a copy of your Answer to the Plaintiffs Attorney, Amanda S. E. Lafferty, Esq., at 171 Battery Street, P.O. Box 1507, Burlington, Vermont 05402-1507. You must also give or mail your Answer to the Court located at 2418 Airport Road, Ste. 1, Barre, Vermont, 05641-8701. 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN ANSWER TO THE COURT. If you do not Answer within 20* days and file it with the Court, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. 5. YOU MUST MAKE ANY CLAIMS AGAINST THE PLAINTIFF IN YOUR REPLY. Your Answer must state any related legal claims you have against the Plaintiff. Your claims against the Plaintiff are called Counterclaims. If you do not make your Counterclaims in writing in your Answer, you may not be able to bring them up at all. Even if you have insurance and the insurance company will defend you, you must still file any Counterclaims you may have. 6. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places where you can get free legal help. Even if you cannot get legal help, you must still give the Court a written Answer to protect your rights or you may lose the case. Dated: October 2, 2012 ��\� Vti ` /,-" -(U'- Amanda S. E. Lafferty, Esq. * Use 20 days, except that in the exceptional situations where a different time is allowed by the Court in which to answer, the different time should be inserted. sonl2-035 (city v. lynch summonsM