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HomeMy WebLinkAboutNV-05-14 - Supplemental - 0010 Mayfair StreetSTITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURUNGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE' WWW.FIRMSPF.COM ROBERT E. FLETCHER E-MAIL(FIRM2555@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) AMANDA S. E. LAFFERTY WRITER'S FAX (802) 660-2552 WILLIAM E. FLENDER (*ALSO ADMITTED IN N.Y.) January 16, 2008 Jacalyn Fletcher, Manager Vermont Environmental Court 2418 Airport Road Barre, VT 05641-8701 Re: City of South Burlington v. Garrow Page Docket No. 257-12-05 Vtec Dear Jacalyn: OF COUNSEL JOHN H. KLESCH Enclosed please find a Motion for Alternative Service and Order for Alternative Service for filing in connection with the above -captioned matter. If you have any questions, please feel free to contact me. Sincerely, Amanda S. E. Lafferty Enclosures CC: Raymond Belairy Garrow Page son08-009.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON', VERMONT 05402-1.507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) MOTION FOR ALTERNATIVE SERVICE NOW COMES the City of South Burlington, by and through its attorneys, Stitzel, Page & Fletcher, P.C. and requests that this Court issue an order allowing the Plaintiff to serve the Order of Contempt entered September 25, 2007, and the Order entered December 13, 2007, related to contempt proceedings in the above - referenced matter on the Defendant as described below. MEMORANDUM Section 122 of Title 12 provides that a party may only seek enforcement of an order via contempt proceedings after service of the order upon the non -complying party. Vermont Rules of Civil Procedure Rule 4(d)(1) provide that service to individuals within the state must be made by delivering the order to the defendant personally or by leaving the documents with a person of suitable age and discretion residing at the defendant's dwelling. However, personal service can also be completed if the Court grants a motion, "order[ing] service to be made by leaving a copy of the summons and of the complaint at the defendant's dwelling house or usual place of abode," See V.R.C.P. 4(d)(1). For the STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO. BOX 1507 BL'RLINGTON, VERMONT 05402-1507 Court to grant such motion, the moving party must show that service as prescribed for individuals "cannot be made with due diligence." Id. The City of South Burlington obtained an Order for Alternative Service to serve the Summons and Complaint on the Defendant at the commencement of this action. See Order filed December 12, 2005. In first commencing contempt proceedings, the Plaintiff obtained an Order for Alternative Service to serve the Stipulation and Order. See Order for Alternative Service entered July 10, 2006. The City has again attempted to have Defendant served with the Order of Contempt and the Order, entered September 25, 2007, and December 13, 2007, respectively. Deputy Sheriffs Gamelin and Yustin have attempted on several occasions to make personal service of the orders on Defendant and have been unable to reach the front and back doors. See the attached Affidavit of Deputy Sheriff Gamelin dated January 15, 2008. As the Affidavit describes, with due diligence, personal service cannot be made on the Defendant as typically required by Rule 4(d). The City requests that the Court issue an order for alternative service, ordering that service may be made by attaching copies of the above -described orders to at least two windows and/or doors of the Defendant's dwelling that the (Deputy) Sheriff can access without putting him or herself at 2 risk of harm and by placing copies in the US Mail to Defendant's address. DATED at Burlington, Vermont this 161' day of January 2008. son08-003 page alt serv.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO. BOX 1507 BURLINGTON, VERMONT 05402-1507 STITZEL, PAGE & FLETCHER, P.C. for the City of South Burlington By: 1/�N��paMf4l�( Amanda S. E. Lafferty 3 Chittenden County Sheriffs Department P.O. Box 1426 Burlington, VT 05402 Plaintiff City of South Burlington Vs. Garrow Page Defendant Return of Service Affidavit of Diligent Search Now comes, Sgt. Daniel Gamelin, Deputy Sheriff, having first been duly sworn and on oath, deposes and says: I am not a party to this action and am over the age of 18 and reside in Chittenden County Vermont: On December 24, 2007, I received an Order for Contempt to be served on the defendant at 10 Mayfair Street, South Burlington, Vermont. Deputy John Yustin and I made several attempts to service the defendant without success. The defendant has been home, but we can not get to the front door. The defendant has so much trash and junk in front of house, that I can not reach the front door. The back door in the rear of the house is even worse. I believe it's a personal safety issue to walk through trash and whatever he has piled up in front of the door. I have received an Order from the Court in the past to post the court documents on the front windows etc. The only time that we have served the defendant was when we caught him outside his residence. I believe more attempts will be unsuccessful. I will need an Order for Alternative service to complete service. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VER.MONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) ORDER FOR ALTERNATIVE SERVICE Based on the City of South Burlington's Motion for Alternative Service and pursuant to Vermont Rule of Civil Procedure 4(d)(1), the Court hereby orders that the City of South Burlington may make service of the Order of Contempt entered September 25, 2007, and the Order entered December 13, 2007, in the above -captioned matter, by attaching copies of said Orders to at least two windows and/or doors of the Defendant's house located at 10 Mayfair Street in South Burlington, Vermont that the Sheriff can access without putting him or herself at risk of harm and by sending Defendant copies of said Orders by U.S. mail. SO ORDERED this _ day of January 2008. s=08-004pageorder.lit Presiding Judge CITY CLERK'S OFFICE Received 2007 at &XSM Recorded in Vol. D on page.L , MI- Of So. Burlington Land Records Attest: Donna S. i< nville, City Clerk STITZEL, PAGE & FLETCHER, P.C. ATTOFtWS AT LAW .171 B&TTM STREET P.O. BOX 1W7 BummaTM VERMONT 06103•1d07 STATE. OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, Plaintiff, ) Docket No..257-12-05 Vtec. V. ) GARROW PAGE, ) Defendant. ) ORDER OF CONTEMPT The Plaintiff "City of South Burlington commenced an enforcement action against the Defendant Garrow Page for a violation of the City's Land Development Regulations by .using the Defendant's property at 10 Mayfair. Street, South Burlington, (hereinafter the "Property") as a junkyard by storing, keeping, processing and abandoning junk material on said property without a zoning permit. Based on the City of South Burlington's Motion for an Order of Contempt, Memorandum of Law and the evidence submitted at the Show Cause hearing on September 21, 2007, the Court finds and orders. as follows: . 1. The Defendant_Garrow Page is in contempt of the Stipulation and Order of the Environmental Court entered on March 6, 2006. 2. No later than October 2, 2007, Defendant shall remove all junk and discarded material from the Property. 3. No later than October 2, 2007, Defendant shall either: - A. Provide the City with a copy of the Q Department of Motor Vehicles registration for, or \01 B.. Place the relevant registration sticker on the license plate of, one or both of the vehicles .depicted in Exhibits 3 and 4. 4. The Defendant shall pay to the Plaintiff $ l 1 Z. • , in recognition of the reasonable attorney's fees, and costs incurred by Plaintiff in connection with the within roceeding. SJ v� ar- +6-h'mx pc e Je am - C-& Me- "4v. CDW-Fa I- .C.'-- b -h I DATED at Berlin, Vermont, this 25th day of September 2007. Honorable Merideth Wr t =07-038page.lit SITMEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 RIMJNOTON, VERMONT i 06402-1507 091 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, Plaintiff, V. GARROW PAGE, Defendant. ORDER DISC 11171 2007 Docket No. 257-12-05 Vtec i Based on the City of South Burlington's Motion fo P yment a4k,& rho of Additional Attorney's Fee, Defendant Garrow Page shall pay to the City of South Burlington Three Hundred Sixty Two Dollars ($362.00), in addition to the amount required in paragraph 4 of the Court's Order of Contempt entered September 25, 2007. son07-045.1it STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 agj/� �-; ��6 ZC,67- Presiding Judge U Date STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE* WWW.FIRMSPF.COM ROBERT E. FLETCHER E-MAIL(FIRM2555(a.)FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S E-MAIL (ALAFERTY(&_FIRMSPF.COM) AMANDA S. E. LAFFERTY WRITER'S FAX (802) 660-2552 WILLIAM E. FLENDER (*ALSO ADMITTED IN N.Y.) December 17, 2007 Raymond Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: City of South Burlington v. Page Dear Ray: OF COUNSEL JOHN H. KLESCH In connection with the above -referenced matter, enclosed please find the Orders of the Environmental Court dated September 25 and December 13, 2007. I am mailing them to the Chittenden County Sheriff for service upon Mr. Page. Please record each of these Orders in the South Burlington Land Records and return copies with the record information to me. Please call with questions. Thank you. Sincerely, r J Amanda S. E. Lafferty Enclosures son07-163.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PAM R. PAGE' WWW.FIRMSPF.COM ROBERT E. FLETCHER E-MAIL(FIRM2555@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) AMANDA S. E. LAFFERTY WRITER'S FAX (802) 660-2552 WILLIAM E. FLENDER ('ALSO ADMITTED IN N.Y.) December 17, 2007 Kevin McLaughlin, Sheriff Chittenden County Sheriff's Department 70 Ethan Allen Drive South Burlington, VT 05403 Re: City of South Burlington v. Garrow Page Docket No. 257-12-05 Vtec Dear Sheriff McLaughlin: OF COUNSEL JOHN H. KLESCH Enclosed for service upon Garrow Page is the Return of Service, Order of Contempt and Order in the above -captioned matter. Mr. Page can be served at 10 Mayfair Street, South Burlington, Vermont. The original Return of Service should be returned to this office for filing with the Court. If you have any questions, please give me a call. Thank you for your assistance. Sincerely, Amanda S. E. Lafferty Enclosures CC: Ray Belair",' son063.cor STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) V. ) GARROW PAGE, ) Defendant. ) Docket No. 257-12-05 Vtec RETURN OF SERVICE On the day of 2007, I made service of the Order of Contempt and Order upon Garrow Page by delivering a copy to: Service Mileage Postage Total Due $ son-07-032.1it STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO. BOX 1507 BURLINGTON, VERMONT 05402-1507 Deputy Sheriff STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE` WWW.FIRMSPF.COM ROBERT E. FLETCHER E-MAIL(FIRM2555@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) AMANDA S. E. LAFFERTY WRITER'S FAX (802) 660-2552 (-ALSO ADMITTED IN N.Y.) November 14, 2007 Jacalyn Fletcher, Manager Vermont Environmental Court 2418 Airport Road Barre, VT 05641-8701 Re: City of South Burlington v. Garrow Page Docket No. 257-12-05 Vtec Dear Jackie: OF COUNSEL JOHN H. KLESCH WILLIAM E. FLENDER° ('NOT YET ADMITTED) Enclosed please find a Motion for Payment of Additional Attorney's Fees, Affidavit and Proposed Order for filing in connection with the above -captioned matter. If you have any questions, please feel free to contact me. Sincerely, Amanda S. E. Lafferty Enclosures cc: Raymond Belaid Garrow Page son06O.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERY STREET PO. BOX 1507 BURLINGTON, VERMON'I' 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) V. ) GARROW PAGE, ) Defendant. ) Docket No. 257-12-05 Vtec MOTION FOR PAYMENT OF ADDITIONAL ATTORNEY'S FEES NOW COMES the City of South Burlington, by and through its attorneys, Stitzel, Page & Fletcher, P.C. and requests that the Court require Defendant to pay all of the City's attorney's fees in connection with the contempt proceedings in this matter. Memorandum The Court held a hearing on the City of South Burlington's Motion for an Order of Contempt on September 21, 2007. At said hearing, the City provided evidence substantiating the City's attorney's fees and costs up until the time of the hearing and the Court entered an order requiring Defendant to reimburse the City for said fees and costs. However, the Order of Contempt entered by the Court on September 25, 2007, did not include the City's attorney's fees and costs for the time spent at the hearing and preparing the Order of Contempt. Therefore, the City requests that the Court order that Defendant also pay to the City $362.00 in addition to the One Thousand Twelve Dollars in paragraph 4 of the Court's Order of Contempt in recognition of 1 all reasonable attorney's fees and costs incurred by the City in connection with the within proceeding. See the Affidavit Raymond Belair, attached hereto. Conclusion Based on the above, the City respectfully requests that the Court enter an Order requiring Defendant to pay $362.00 (Three Hundred and Sixty Two Dollars) to the City of South Burlington in addition to the $1,012 in the Court's Order of Contempt entered September 25, 2007. 2007. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT 1.AW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 DATED at Burlington, Vermont this 14t' day of November STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH BURLINGTON /ti l By: C'"WArch, 4 Amanda S. E. Laffe G STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) V. ) GARROW PAGE, ) Defendant. ) Docket No. 257-12-05 Vtec AFFIDAVIT I, Raymond Belair, duly sworn, depose and state as follows: 1. I am the duly appointed Administrative Officer for the City of South Burlington. 2. On September 21, 2007, at the Environmental Court's show cause hearing in the above -captioned matter, I testified that, with the exception of the time spent at the hearing and thereafter, the City had expended One Thousand Twelve Dollars ($1,012.00) in enforcing the Court's Stipulation and Order entered March 6, 2006. 3. At and since the hearing, the City expended Three Hundred Sixty Two Dollars ($362.00) in attending and participating in the Show Cause hearing and in preparing the Order of Contempt. I ) ,v� DATED at Burlington, Ve STATE OF VERMONT CHITTENDEN COUNTY, SS 2007. Subscribed and sworn to before me this 141h day of November 2007. Notary Public son07-044.1it My Commission Expires:02/10/ (t STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) V. ) GARROW PAGE, ) Defendant. ) ORDER Docket No. 257-12-05 Vtec Based on the City of South Burlington's Motion for Payment of Additional Attorney's Fee, Defendant Garrow Page shall pay to the City of South Burlington Three Hundred Sixty Two Dollars ($362.00), in addition to the amount required in paragraph 4 of the Court's Order of Contempt entered September 25, 2007. son07-045.1it STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 0540U-1507 Presiding Judge L/d l.0 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICEITDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE" WWW.FIRMSPF.COM ROBERT E. FLETCHER E-MAIVFIRM2555@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) AMANDA S. E. LAFFERTY WRITER'S FAX (802) 660-2552 ("ALSO ADMITTED IN N.Y.) September 26, 2007 Garrow Page 10 Mayfair Street South Burlington, VT 05403 Re City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Mr. Page: OF COUNSEL JOHN H. KLESCH WILLIAM E. FLENDER° (°NOT YET ADMITTED) The Court's Order of Contempt, dated September 25, 2007, a copy of which is attached hereto, required that you remove all junk and discarded material from the property no later than October 2, 2007. You should have received a copy of this Order in the mail. Typically, the City would serve the Order on you via a Sheriff. However, in the interest of avoiding the cost of service via a Sheriff, I am requesting that you accept service of the Order. I have enclosed a copy of the Order, as well as an Acceptance of Service form, and an addressed and stamped envelope. If you will agree to accept service, please sign and date the Acceptance of Service form and return it to my office in the enclosed envelope. Thank you. Sincerely, k vti CA,,/V C ot d ti Amanda S. E. Lafferty Enclosures cc: Raymond Belair �. son07-128.cor STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) ACCEPTANCE OF SERVICE I, GARROW PAGE, hereby accept service of the ORDER OF CONTEMPT entered September 25, 2007, in the above -entitled matter, and waive any and all other manner of service whatsoever. DATED at South Burlington, Vermont, this day of 2007. son07-039page.lit GARROW PAGE STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURUNGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) ORDER OF CONTEMPT The Plaintiff City of South Burlington commenced an enforcement action against the Defendant Garrow Page for a violation of the City's Land Development Regulations by using the Defendant's property at 10 Mayfair Street, South Burlington, (hereinafter the "Property") as a junkyard by storing, keeping, processing and abandoning junk material on said property without a zoning permit. Based on the City of South Burlington's Motion for an Order of Contempt, Memorandum of Law and the evidence submitted at the Show Cause hearing on September 21, 2007, the Court finds and orders as follows: 1. The Defendant Garrow Page is in contempt of the Stipulation and Order of the Environmental Court entered on March 6, 2006. 2. No later than October 2, 2007, Defendant shall remove all junk and discarded material from the Property. 3. No later than October 2, 2007, Defendant shall either: A. Provide the City with a copy of the c - Department of Motor Vehicles registration for, or B. Place the relevant registration sticker on the license plate of, one or both of the vehicles depicted in Exhibits 3 and 4. 4. The Defendant shall pay to the Plaintiff $ JpJ�6D in recognition of the reasonable attorney's fees, and costs incurred by Plaintiff in connection with the within pToceeding. 51 n c.G AV- -H ",-Q- De c.a, w,,e. "vino cC__ At4,D F�P_VL OV L -h M DATED at Berlin, Vermont, this day of September 2007. Honorable Merideth Wri t son07-038page.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1607 BURLINGTON, VERMONT 05402-1507 2 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICEITDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE' WWW.FIRMSPF.COM ROBERT E. FLETCHER E-MAIL(FIRM2555@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) AMANDA S. E. LAFFERTY WRITER'S FAX (802) 660-2552 ("ALSO ADMITTED IN N.Y.) September 21, 2007 Jackie Fletcher, Manager Environmental Court 2418 Airport Road Barre, VT 05641-1660 Re: City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Jackie: OF COUNSEL JOHN H. KLESCH In connection with the above -referenced matter, enclosed please find for filing the proposed Order of Contempt. Please call with questions. Thank you. Sincerely, Amanda S. E. Lafferty Enclosures CC: Raymond Belair, Administrative Officer Garrow Page son07-127.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) ORDER OF CONTEMPT The Plaintiff City of South Burlington commenced an enforcement action against the Defendant Garrow Page for a violation of the City's Land Development Regulations by using the Defendant's property at 10 Mayfair Street, South Burlington, (hereinafter the "Property") as a junkyard by storing, keeping, processing and abandoning junk material on said property without a zoning permit. Based on the City of South Burlington's Motion for an Order of Contempt, Memorandum of Law and the evidence submitted at the Show Cause hearing on September 21, 2007, the Court finds and orders as follows: 1. The Defendant Garrow Page is in contempt of the Stipulation and Order of the Environmental Court entered on March 6, 2006. 2. No later than October 2, 2007, Defendant shall remove all junk and discarded material from the Property. 3. No later than October 2, 2007, Defendant shall either: A. Provide the City with a copy of the vehicle Department of Motor Vehicles registration for, or I B. Place the relevant registration sticker on the license plate of, one or both of the vehicles depicted in Exhibits 3 and 4. 4. The Defendant shall pay to the Plaintiff $ , in recognition of the reasonable attorney's fees, and costs incurred by Plaintiff in connection with the within proceeding. DATED at Berlin, Vermont, this ch day of September 2007. son07-038page.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 Honorable Merideth Wright 2 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & 'ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 24, 2007 Andy Mahar 11 Woodbine Street South Burlington, VT 05403 Re: Garrow Page Zoning Violation Dear Mr. Mahar: This is to inform you that the Vermont Environmental Court has scheduled a hearing on the City's Contempt Motion on Mr. Page's zoning violation for September 21, 2007 at 1:00pm at the District Court House located on Cherry Street in Burlington. You are welcome to attend and should you wish to be a witness and share with the Court what you have seen, please let me know as soon as possible. If you have any questions, please feel free to contact me. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 14, 2007 Andy Mahar 11 Woodbine Street South Burlington, VT 05403 Re: Garrow Page Zoning Violation Dear Mr. Mahar: Please be informed that the City on August 13, 2007 filed with the VT Environmental Court a Motion for an Order of Contempt. This legal proceeding is to show the court that Mr. Page continues to be in violation of the Court's previous order to clean up his yard. I will continue to keep you up to date on this matter. If you have any questions, please let me know. Sinc el , a m d i it Administrative Officer STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE' WWW.FIRMSPF.COM ROBERT E. FLETCHER E-MAIL(FIRM2555@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) AMANDA S. E. LAFFERTY WRITER'S FAX (802) 660-2552 (-ALSO ADMITTED IN N.Y.) August 13, 2007 Jackie Fletcher, Manager Environmental Court 2418 Airport Road Barre, VT 05641-1660 Re: City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Jackie: OF COUNSEL JOHN H. KLESCH In connection with the above -referenced matter, enclosed please find for filing the City of South Burlington's Motion for an Order of Contempt, Memorandum of Law and Order to Show Cause. Please return the completed Order to Show Cause to me for service on the Defendant. Please call with questions. Thank you. Sincerely, Amanda S. E. Laf fe ey Enclosures CC: Raymond Belair, Administrative Officer Garrow Page son07-110.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 054024507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff ) V. ) GARROW PAGE, ) Defendant ) DOCKET NO. 257-12-05 Vtec MOTION FOR AN ORDER OF CONTEMPT NOW COMES the City of South Burlington, by and through its attorneys, Stitzel, Page & Fletcher, P.C., and alleges as follows: 1. This proceeding is commenced by the City of South Burlington (hereinafter the "City") to enforce the provisions of its Land Development Regulations and the Stipulation and Order, (hereinafter the "Order") dated March 6, 2006, against the Defendant Garrow Page. 2. The City commenced an enforcement action against the Defendant for a violation of the City's Land Development Regulations by using the Defendant's property at 10 Mayfair Street, South Burlington, (hereinafter the "Property") as a junkyard by storing, keeping, processing and abandoning junk material on said property without a zoning permit. 3. In the Order, the Court required that the Defendant cease using the property as a junkyard and remove all junk and discarded material from the Property no later than May 1, 2006. Stipulation and Order, ¶¶4, S. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET PO. BOX 1507 BURLINGTON, VERMONT 05402-1507 4. The Defendant was a party to and signed the Stipulation and Order. S. The Defendant failed and/or refused to cease using the Property as a junkyard and failed and/or refused to remove all junk and discarded material from the Property by May 1, 2006. 6. In June 2006, the City commenced contempt proceedings against Defendant. The Chittenden County Sheriff served the Order upon Defendant on July 17, 2006. On October 11, 2006, the Environmental Court entered an Order of Contempt requiring, in relevant part, that Defendant remove all junk and discarded material from the Property. Defendant complied with the Order of Contempt. 7. Commencing earlier this year, Defendant collected, accumulated, processed and stored junk material on the Property. To date, Defendant has failed and/or refused to cease using the Property as a junkyard in violation of the Order. 8. Upon information and belief, the Defendant will continue his failure to comply with the Order until further ordered by this Court. WHEREFORE, the Plaintiff prays that: 1. Upon consideration of the allegations of the foregoing petition for an Order for Contempt, the Court advance the cause for hearing; 2. The Court find and adjudge Defendant in contempt of the Stipulation and Order of the Environmental Court dated March 6, STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 2006; 3. The Court order that Defendant may purge himself of the contempt if he removes from the Property all junk and discarded material no later than three calendar days from the date the Court's Order is served upon Defendant; 4. If Defendant does not comply with paragraph 3, above, then the Court order that the City of South Burlington may retain the services of a qualified individual or company to perform the work described in paragraph 3 and that said individual or company shall be authorized to enter upon Defendant's property in order to remove and properly dispose of any and all items present outside the structures on the Property; 5. If the City retains the services of a qualified individual or company to perform the work described in paragraph 3, the City shall file with the Court a copy of the invoice it receives from the qualified individual or company; 6. The Court order that Defendant reimburse the City for the amount of the invoice referenced in paragraph 5, above, within 30 days of the date of said order; 7. If Defendant fails to comply with paragraph 6, above, the City shall be authorized to obtain and record a Notice of Judgment Lien in the City of South Burlington Land Records for the full amount of the reimbursement. 8. The Court order that a hearing be scheduled to monitor whether Defendant has purged himself of the contempt; 9. The Court determine the reasonable attorney's fees, costs, and damages incurred in connection with the within proceeding and enter an award of such sum as may be just under the circumstances; and 10. The Court award such other relief as the Court deems proper. DATED at Burlington, Vermont, this 13th day of August 2007. son07-016page.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STITZEL, PAGE & FLETCHER, P.C. for the CITY OF SOUTH BURLINGTON By • l4�✓v"' c��t� 1('� �' �� Amanda S. E. Lafferty STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERY STREET PO. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) MEMORANDUM OF LAW In the Stipulation and Order (hereinafter the "Order") entered in this matter on March 6, 2006, this Court ordered that Defendant Garrow Page cease using his property located at 10 Mayfair Street in South Burlington as a junkyard and cease storing, keeping, processing and abandoning junk material on the Property. The City already has obtained one Order of Contempt against the Defendant, in October 2006, for Defendant's failure to comply with the Order. Less than one year later, Defendant Page has failed and/or refused once again to comply with the Court's Order. Vermont Rule of Civil Procedure 70 and 12 V.S.A. section 122 provide for an Order of Contempt in proper cases. In circumstances where a judgment directs a party to perform a specific act and the part fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. See V.R.C.P. 70. Defendant Page has clearly demonstrated that he will not comply with the Court's Order entered in this case, without further order of the Court. Therefore, the Order for Contempt requested by the City is necessary and appropriate. DATED at Burlington, Vermont this 13th day of August 2007. s=07-017pagememo.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STITZEL, PAGE & FLETCHER, P.C. for the CITY OF SOUTH BURLINGTON By: � Uw..vyCe � Amanda S. E. Lafferty STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) ORDER TO SHOW CAUSE Upon the Plaintiff's Motion for an Order of Contempt, it is ordered that Defendant Garrow Page appear and show cause before this Court on the day of 2007, at am/pm, or as soon thereafter as it may be heard, why this Court should not adjudge Defendant Garrow Page in contempt of this Court on the grounds set forth in the Motion for an Order of Contempt. DATED at Berlin, Vermont, this son07-018pagecontemptorder.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171BATTERYSTREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 day of August 2007. Presiding Judge No Text No Text STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE' WWW.FIRMSPF.COM ROBERT E. FLETCHER WRITER'S E-MAIL(WBAKER@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S FAX (802) 660-2552 TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMUTED IN N.Y.) January 2, 2007 Garrow Page 10 Mayfair Street South Burlington, VT 05403 Re: City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Mr. Page: WILL S. BAKER The City of South Burlington's Administrative Officer, Raymond Belair, has informed me that after a site visit to your property on Friday, December 29, 2006, he has determined that you have remedied the violation of using the property as a junkyard by the storage of junk material. To remain in compliance, junk material may not accumulate on the property. The Administrative Officer also informed me that the City has not received the penalty you were required to pay in the Court's Contempt Order of October 11, 2006. The penalty amount was $1,902.00. This payment should be made to the City Manager, 575 Dorset Street, South Burlington, Vermont, 05403. If you have already made this payment, please call Mr. Belair at 846-4106. Thank you for your attention to this matter. Sincerely, Will S. Baker CC: Raymond Belair son07-003.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE* WWW.FIRMSPF.COM ROBERT E. FLETCHER WRITER'S E-MAIL(WBAKER@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S FAX (802) 660-2552 TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY ('ALSO ADMITTED IN N.Y.) November 17, 2006 Garrow Page 10 Mayfair Street South Burlington, VT 05403 Re: City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Mr. Page: WILL S. BAKER Pursuant to the Order of Contempt in the above -referenced matter, you were required to clean up your property by November 3, 2006. I have tried to contact you via telephone and a letter dated November 6, 2006. Therefore, you are hereby notified that pursuant to the Order of Contempt, you must contact Ray Belair to schedule a site visit. Contact Mr. Belair directly at 846-4106 to schedule a time for next week. Thank you for your attention to this matter. Sin rely, } Will S. Baker WSB/af cc: Ray Belair"/' son06-260.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE' WWW.FIRMSPF.COM ROBERT E. FLETCHER WRITER'S E-MAIL(WBAKER@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S FAX (802) 660-2552 TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY ("ALSO ADMITTED IN N.Y) November 6, 2006 Garrow Page 10 Mayfair Street South Burlington, VT 05403 Re: City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Mr. Page: LININWIN :L•\ 4:111 I tried to call you today at 862-3139 but could not reach you. Since you accepted service of the Order of Contempt in the above -referenced matter on October 24, 2006, by my calculation, the ten-day deadline for you to finish cleaning up your property has passed. Therefore, I would like to schedule a time for a site visit so that Ray Belair can come out to your property and ensure that all junk and discarded material has been removed. Please call Mr. Belair directly at 846-4106 to schedule a time this week, between November 7th and 9th. Mr. Belair will not be available on the loth. Thank you in advance for you attention to this matter. If you have any questions, please give me a call. Thank you. Sincerely, Will S. Baker cc: Ray Belair son06-250.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL.COURT CITY.OF SOUTH BURLINGTON, FILED MAR -- 6 2006 VERN , ENVIRONMENTAL COURT Plaintiff, ) Docket No. 257-12-05 Vte� CITY' CLERICS OFFIN v . ) Received 1 20 C--LP atJI Recorded in V 1. _ on paw GARROW PAGE, ) Of 5o. Burlington Land Regards Defendant. ) Attest' -�� Q—D--a Donna S. &vgkk City Qa t STIPULATION AND ORDER NOW COME the parties hereto, and stipulate and agree that the Court may declare and.order the following: 1. The Defendant is the owner of real property located at 10 Mayfair Street in South Burlington, Vermont ("Property" herein) . 2. Sometime before.September 28,, 2005, Defendant commenced using the Property as a "junkyard" by storing, keeping, processing and by abandoning junk material on the Property without a zoning permit. 3. Pursuant to Section 17.02 of the City Land Development Regulations and 24 V.S.A. §4449(a)(1), the actions described in paragraph 2, above, are unlawful. 4. The Defendant agrees to cease using the Property as a junkyard and to cease storing, keeping, processing and abandoning junk material on the Property. 5. No later than May 1, 2006, the Defendant shall remove all junk and discarded material from the Property. 6. No later than May 4, 2006, the Defendant shall permit the Administrative Officer to enter upon the Property, at a mutually agreed -upon date and time, for inspection and to verify that Defendant has complied with the requirement in Paragraph 5, above. 7. Within thirty (30) days of the date this Stipulation and Order is entered as an order of the Environmental Court, Defendant shall pay to the City, by certified bank check, One Thousand Nine Hundred Sixty Dollars and Forty Four Cents ($1960.44). The Defendant shall deliver or mail the check to the South Burlington City Manager, 575 Dorset Street, South Burlington, VT 05403. 8. In the event that Defendant fails to pay to the City the amount in paragraph 7, above, in full and in a timely manner, the Defendant shall pay to the City, by certified bank check, Twenty Five Dollars ($25.00) for each day that the full amount is not paid by the deadline described in paragraph 7, above. DATED at Burlington, Vermont this a 4day of March 2006. STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH BURLINGTON By: Will S. Baker DATED at South Burlington, Vermont this _ day of March 2006. :::::Gar w ge STITZEL, PAGE & SO ORDERED at Berlin, Vermont, this day of March 2006. FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET - Environmental Gazignt Judg P.O. BOX 1507 son06-016.stip.page.lit BURLINGTON, VERMONT - 05402-1607 ,. "'0, �� Page 1 of 1 Ray Belair From: Will Baker [WBaker@firmspf.com) Sent: Thursday, October 05, 2006 2:06 PM To: Ray Belair Subject: Page enforcement Ray - For tomorrow, I plan on having you testify to the following: -that you took photos on September 25th, that the photos are marked Ex. 4 (previously submitted to Court), and the violation continued. -that you took photos on October 6th, that the photos are marked Ex. 5, and that the violation continues NOW. -What needs to occur to cure the violation? -Mr. Page must remove all discarded material from his property. This includes ALL items that are in back yard sitting on the ground, in garbage bags, or hanging from the trees. - If there are items that Mr. Page does not want to remove, or believes are not "discarded," he must put these items inside his house or his garage. -When the violation is cured, there will be no items in the backyard, you will be able to see the ground. I'll be there at about 2:45. Thanks, Will Will S. Baker, Esq. Stitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402 (802) 660-2555 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 address and delete this message and all attachments from your storage files. Thank you. 10/6/2006 No Text No Text STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE" WRITER'S E-MAIL(WBAKER@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S FAX (802) 660-2552 JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY ('ALSO ADMITTED IN N.Y.) September 28, 2006 Jackie Stevens, Manager Vermont Environmental Court 2418 Airport Road Barre, VT 05641-8701 Re: City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Jackie: WILL S. BAKER Enclosed please find for filing the City of South Burlington's Supplemental Memorandum in Support of Its Motion for an Award of Contempt and the proposed Order of Contempt together with Exhibit 4 and the Affidavits of Will S. Baker and Raymond J. Belair. Please note will follow under to this matter. that the original signature page of Mr. Belair separate cover. Thank you for your attention Sin �ery, Will S. Baker WSB/af Enclosure CC: Garrow Page Charles Hafter son06-216 page.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) V. ) GARROW PAGE, ) Defendant. ) Docket No. 257-12-05 Vtec PLAINTIFF'S SUPPLEMENTAL MEMORANDUM IN SUPPORT OF ITS MOTION FOR AN AWARD OF CONTEMPT NOW COMES the Plaintiff City of South Burlington, by and through its attorneys, Stitzel, Page & Fletcher, P.C., and requests that the Court issue an Order of Contempt at this time without continuing the hearing to October 6, 2006. MEMORANDUM The City of South Burlington filed a Motion for an Order of Contempt on June 27th, 2006. The Court held a show cause hearing on September 22, 2006, attended by the Defendant and the City's Attorney. The City provided testimony and exhibits showing that the violation had not been remedied by May 1, 2006, as required by Paragraph 5 of the Court's March 6, 2006 Stipulation and Order, or at the time of the last site visit on June 12, 2006. The Defendant provided testimony that the property had been cleaned up to some extent because some of the discarded material at the property had been removed since June 12, 2006. The Court continued the hearing until October 6, 2006, presumably because the Court found that there lacked a clear showing of the current state of the property, and directed the City to make another site visit. The City's Administrative Officer ("AO" herein) conducted another site visit on September 25, 2006, three days after the show cause hearing. Affidavit of Raymond Belair ¶ 3 (attached hereto). The AO determined that the violation continues at the property, and took photographs documenting the status of the property, attached hereto as Ex. 4 (Exhibits 1-3 were entered into the record at the September 22 hearing). Id. This is not the first time the Defendant claimed that the violation was remedied or would be remedied by a date certain, and has called on the AO to conduct a site visit. When the AO arrives, he finds the property in a virtually unchanged state. With the present request, the City seeks to cease this cycle that only wastes the Court's and the parties' time and resources. The Notice of Violation which gave rise to this action dates from September 21, 2005, over one year ago. After the City filed its Complaint in this matter, the Defendant immediately began the pattern of claiming the violation either was or soon would be cured. In his initial response to the City's Complaint, filed with the Court on December 23, 2005, the Defendant states that various items had been removed, that "[he] plan[ned] to continue removing the non -junkyard material this winter," and that he "look[ed] forward to the spring when all will be complete," and 2 that he planned to remove the junk material "this winter." The Court held an initial conference on January 9, 2006, at which time the Court requested that the City inspect the property to determine the then current state of the property. The City did so on January 24, 2006. The violation had not been remedied. See City's Ex. 2. The Defendant then filed a letter with the Court on January 27, 2006, stating that his "goal is still to remove all types of material as soon as possible," and that his "time frame was early spring to early summer." The Court held another conference on February 13, 2006, at which time Mr. Page stated to the Court that he agreed to a clean-up deadline and would sign a Stipulation to that effect to resolve the matter. To allow Mr. Page time to conduct clean-up activities after the winter months, the parties stipulated on March 6, 2006, to a May 1, 2006 clean-up date. The Court entered this Stipulation as an Order. The City inspected against on May 16, 2006, as contemplated by the Order, at which time little to no clean-up had occurred. See City's Ex. 1. The City stated to Mr. Page that if he cleaned up the property by June 8, 2006, the City would not pursue a contempt against him. Aff. Belair ¶4. The City, through correspondence, clearly stated that if he cleaned up the property within that time, he should call the City's attorney or the AO to request an inspect to prevent the commencement of the contempt 9 proceeding. Aff. Belair ¶5. Mr. Page did indeed call the City stating that the violation would be remedied by June 8, 2006. Aff. Belair �6. As promised, the City against inspected, and found the property still in violation on June 12, 2006. See City's Ex. 3. The City commenced an action for an order of contempt. Immediately before the show cause hearing on September 22, 2006, the Defendant filed a letter with the Court, received by the City's attorney on September 21, 2006, stating that he "was unable to honor the date" to clean up the property but that he apparently continued to clean up some of the property, concluding with the phrase "Summary: mission has been accomplished" and "suggestion: new inspection/settlement." At the hearing on September 22, Mr. Page gave similar testimony that progress toward the cession of the violation had been accomplished. The Court, understandably, noted that the most recent evidence of the property's status available to the City was three months old, and determined that an updated inspection was in order. The City complied with the Court's request and inspected on September 25, 2006. The property remains in violation. Aff. Belair ¶3; Ex. 4 (photographs taken by the AO on September 25). The City respectfully requests that the Court find the Defendant in contempt of the March 6, 2006 Order now. Continuing 0 the hearing to October 6, 2006 is unnecessary and would be a waste of the Court's and the parties' resources. The City makes this request because it fears that Mr. Page will again represent to the Court (as he did under oath on September 22), that the property has been cleaned up and the violation remedied. This cycle of repeated assurances and site inspections has prolonged this enforcement action and has done little to nothing to compel the Defendant to remedy the violation. Based on past representations, it is likely that on October 6, Mr. Page may again testify that the violation has been substantially cured. The City has repeatedly expended time and resources based on these statements and has been left devoid of the relief it requested in its Complaint. The Court may issue an Order of Contempt now without continuing the hearing until October 6. The Defendant cannot possibly show that the violation has been cured. Further, the Defendant could not show that the current status of the property does not constitute a violation, because he is precluded from doing so by the Court's January 31, 2006, Order granting partial summary judgment in the City's favor, holding that the Defendant could not contest the existence of the violation. The Plaintiff fears that the Defendant will again testify that the violation has been remedied, which will necessarily prolong this action and further frustrate all those involved. By ordering that the 5 Defendant is in contempt as of September 25, 2006, the Court will conserve the resources of the parties and the Court, and move this matter forward. The City does not believe, based on the history of this matter, that the Defendant will take further action without a deadline from the Court and financial consequences if such deadline is not met. The City proposed that the Court orders the Defendant to remove all junk and discarded material from the property no later than seven days from the date the Order is served on the Defendant. Further, if the Defendant fails to remove all junk and discarded material from the property by that date, the Defendant shall pay to the Plaintiff one hundred dollars per day for each day the violation continues past that date. See the Plaintiff's proposed Order of Contempt, attached hereto. Further, the Plaintiff requests that the Defendant be ordered to pay $1902.02, which constitutes the reasonable attorney's fees, and costs incurred by the Plaintiff in connect with this post -judgment action. See Affidavit of Will S. Baker, 1¶2,3 (attached hereto); Aff. Belair ¶7. Continuing the hearing will only cause this penalty amount to increase. Continuing the hearing until October 6, 2006, will only cause further delay and waste of resources for the parties and the Court. Because the evidence presented at the September 22 hearing and the supplemental affidavit and Exhibit presented 0 herewith is sufficient for the Court to enter an Order of Contempt, the City requests that the Court do so immediately. DATED this 28th day of September, 2006. 0 son06-091 page supp memo.lit STITZEL, PAGE & FLETCHER, P.C. for the CITY OF SOUTH BURLINGTON Will S. Baker 7 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) V. ) GARROW PAGE, ) Defendant. ) Docket No. 257-12-05 Vtec ORDER OF CONTEMPT The Plaintiff City of South Burlington commenced an enforcement action against the Defendant Garrow Page for a violation of the City's Land Development Regulations by using the Defendant's property at 10 Mayfair Street, South Burlington, as a junkyard by storing, keeping, processing and abandoning junk material on said property without a zoning permit. The Court issued a Stipulation and Order, (hereinafter the "Order") dated March 6, 2005, requiring that the Defendant cease using the property as a junkyard and remove all junk and discarded material from the property no later than May 1, 2006. Stipulation and Order, ¶14, 5. The Defendant was a party to and signed the Order. The Order was served on the Defendant on July 17, 2006. To date, the Defendant has failed and/or refused to cease using the property as a junkyard and has failed and/or refused to remove all junk and discarded material from the property. For the foregoing reasons, the Court finds and orders as follows: 1. The Defendant Garrow Page is in contempt of the Stipulation and Order of the Environmental Court dated March 6, 2006; 2. The Court orders that the Defendant remove all junk and discarded material from the property no later than seven (7) days from the date this Order is served on the Defendant; 3. If the Defendant fails to remove all junk and discarded material from the property within seven (7) days from the date this Order is served on the Defendant, the Defendant shall pay to the Plaintiff City of South Burlington one hundred dollars ($100.00) for each day the violation continues past that date. 4. The Defendant shall pay to the Plaintiff $ which constitutes the reasonable attorney's fees, and costs incurred by Plaintiff in connection with the within proceeding. DATED at Berlin, Vermont, this day of Environmental Judge son06-089 page contempt order.lit 2006. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 054021507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) AFFIDAVIT OF WILL S. BAKER Will S. Baker, being duly sworn, deposes and states on his personal knowledge, as follows: 1. I am an attorney at Stitzel, Page & Fletcher, P.C. The firm has represented the City of South Burlington in the above - referenced matter. 2. To date, the City has expended or will expend attorneys fees of $1,660.00 pursing an order of contempt, including the preparation of documents including the Motion for an Award of Contempt and Memorandum of Law, and Order to Show Cause, correspondence with the Sheriff's Department re: service of the Order to Show Cause; corresponding with the Defendant, reviewing the Defendant's correspondence, and attending a site visit at the Defendant's property, communicating with the Court Clerk regarding the scheduling of the show cause hearing, conferring with the City's witness in preparation for the hearing, preparing for and attending the show cause hearing, and preparing the City's Supplemental Memorandum in Support of its Motion for an Order of Contempt and accompanying affidavits. 3. The City has expended $154.52 in Court filing fees and the fees for service via sheriff. DATED at South Burlington, Vermont, this 28th day of September, 2006. Will S. Baker Sworn and Subscribed Before Me this 28th day of September, 2006. , Notary Public My Commission Expires:- V% son06-093 page aff baker.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P-O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) AFFIDAVIT OF RAYMOND J. BELAIR Raymond Belair, being duly sworn, deposes and states on his personal knowledge, as follows: 1. I, Raymond Belair, am the Administrative Officer of the City of South Burlington. 2. As the Administrative Officer, I am familiar with the above -captioned zoning enforcement action. 3. I conducted a site visit of the Defendant's property on September 25, 2006, at which time I took the photographs enclosed herewith as Exhibit 4. The photographs are an accurate representation of the state of the property. The property is still littered with discarded material. I determined that the violation continues at the Defendant's property. 4. After the City's site visit on May 16, 2006, the City represented to the Defendant that if he cleaned up the property by June 8, 2006, the City would not pursue an order of contempt. 5. The City represented to the Defendant that if he cleaned up the property by June 8, 2006, he should call the City's 1C; 11r r KUI'I; t-I IT Ur 5UU 11"I nUKL11V OUC__O t0`t 1U1 I U; vc•:• Zvi 4v .i ,as anti VV&VVV, VV& r-J attorney or the AO to request an inspection to prevent the commencement of the contempt proceeding. 6. The Defendant called the undersigned stating that the violation would be remedied by June 8, 2006_ 7. I have devoted approximately three and a half (3.5) hours to pursuing an order of contempt from May 2006 to date. This time spent includes attending site visits, attending the snow cause nearing on September 22, 2006, and communicating with the City•s attorney and the Defendant_ My time is charged at a rate of twenty-five dollars ($25.00) per hour. AA DATED at South Burlington, Vermont, this oV! day of September, 2006. Sworn and Subscribed Before Me this,Lday of September, 2006. _�- Natazy Public My Commission Expires:O % eon06-D92 page aff.lit No Text it ka, I a A U a a . K_ ,y� e. - aE�3� ,.-� �• ` �'�ti,�, ems•. • � t , i z� t "1 yt� •'•� car, . - ,:�, ,. � � , � ,•� �.� ' ` y'e r lam,• t., :, s � " � ' •1 14 YiA 1414 At 16 of C CD All CU L0 w � N a � , ,A ,• �• M" t� �' 7 �Tt••ryJ ' y � � •i �•� a ' f L" a ti 'b %M "■ No Text 09/28/2006 11:51 F.kX 8026602552 Z 002 gT` 7AEL, PAGE & FLETCHER, PC. ATTORNEYS AT LAW vi DATTERY STREET p0. DOX teal RURUNGTOR VERMONT 064mi607 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) ) AFFIDAVIT OF RAYMOND J. BELAIR Raymond Belair, being duly sworn, deposes and states on his personal knowledge, as follows: 1. I, Raymond Belair, am the Administrative Officer of the City of South Burlington. 2. As the Administrative Officer, Y am familiar with the above -captioned zoning enforcement action. 3. I conducted a site visit of the Defendant's property on September 25, 2006, at which time I took the photographs enclosed herewith as Exhibit 4. The photographs are an accurate representation of the state of the property. The property is still littered with discarded material. 1 determined that the violation continues at the Defendants property. 4. After the City's site visit on May 16, 2006, the City represented to the Defendant that if he cleaned up the property by June 8, 2006, the City would not pursue an order of contempt. 5. The City represented to the Defendant that if he cleaned up the property by Tune 8, 2006, he should call the City's ua/ caiwuo 11:01 rAA OVZODUcaat 471 U()3 attorney or the AO to request an inspection to prevent the commencement of the contempt proceeding. 6. The Defendant called the undersigned stating that the violation would be remedied by June 8, 2006. 7. z have devoted approximately three and a half (3.5) hours to pursuing an order of contempt from May 2006 to date. This time spent includes attending site visits, attending the show cause hearing on September 22, 2006, and communicating with the City's attorney and the Defendant. My time is charged at a rate of twenty-five dollars ($25.00) per hour. DATED at South Burlington, Vermont, this al/ day of September, 2006. Za�j�Znd J. Belair Sworn and Subscribed Before Me thiso19Y-day of September, 2006. ,OC� , Notary Public MY commission Expires: j6 p sono6-092 page aff.lit 09/21/12006 12:17 FAA 8026602552 lih002 SON v. page Hearing September 22, 2006 Testimony of R. Belau -Name -Position with City? -How long have you held this position? -In this capacity, are you familiar with this zoning enforcement action? -Yes. -You have held position of Administrative Officer since the beginning of this matter? Yes. -Under the May 1, 2006 Stipulated Order in the enforcement action, the City was permitted to inspect the property no later than May 4, 2006. Did you visit and view the property in May of 2006, as com.templated by the Order? Yes. I visited the property on May 16, 2406. -Did you get permission in advance from Mr. Page? Yes, we arranged a meeting time. So he knew you were coming. Yes. -Who attended the May 16th visit? -Me, Mr. Page, and you (Will). -What was the condition of the property? Junk & discarded material piled and placed throughout backyard. -I'd like to show you a document. Do you recognize this 4 page document? -Yes, these are four pictures I took during the visit on May 16th_ -What is the vantage point of these photographs? Where were you standing? -back yard - in different positions. -Could you look at the notation in the lower left corner. This is an indication of the date? Yes. 09'21/2006 12:17 FAX 8026602552 9 003 -.And the date is accurate. 5/ 16/06? Yes. Enter as Exhibit A. This was not the first time you viewed the property, was it? -No_ I visited the property on January 24, 2006. Why did you visit the property on 1/24? As part of the Zoning enforcement action, to see if the violation had been remedied before we entered into a stipulation to settle the matter. Did you get Mr. Page's permission to enter onto and view the property? -Yes, he was there, and we arranged a meeting time. -I'd like to show you another document. Do you recognize this document? -Yes, these are the pictures I took on Jan. 24. So like the photos that have beenmarked as Ex. A, the date indicated at the lower left corner is accurate. Yes. Enter as Ex. B. -Are these pictures taken from the same "vantage point"? -Yes, more or less. Looking at the state of the property on Jan. 24 and May 16th, do you see any real change or improvement in the condition? -No. In May, it may have been a Li,41m more cleaned up. Did you visit the property another time after May 16th? Yes. 1 visited on June 12th. Why did you visit this time? -to see if the violation had been remedied. Mr. Page had indicated that he was working to clean up property. The City was considering pursing a contempt action because Mr. Page had not taken action to remedy violation, and did not want to do so if the property had been cleaned UP. Had the property been cleaned up? No. 2 09 '21 '2006 12:17 FAX 8026602552 [it 004 I'd like to show you this document Do you recognize this document. Yes, these are pictures I took on June 12th_ Enter as Ex. Cs As the Administrative Officer, do you find that there still exists a violation at the property? -Yes. the property is being used as a junkyard by the storage and abandoning of junk. Mr. Page has not obtained a zoning permit for this use. Therefore, the property is in violation. son06-09a belair mstimony notes N�m�6 3 ia � k pq/\— STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE* WRITER'S E-MAIL(WBAKER@FIRMSPRCOM) ROBERT E. FLETCIIER WRITER'S FAX (802) 660-2552 JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N.Y.) July 24, 2006 Jacalyn Stevens Court Manager Environmental Court 2418 Airport Rd., Suite 1 Barre, VT 05641 Re: City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Jackie: JILL E. SPINELLI WILL S. BAKER Enclosed for filing with the Court is the Return of Service in the above -referenced matter, showing that service of the Stipulation and Order was made upon Garrow Page on July 17, 2006. It is my understanding that a hearing to show cause can now be scheduled for this contempt proceeding. If you have any questions, please feel free to give me a call. Thank you. Sincerely, Will S. Baker CC: Garrow Page Raymond Belair, Administrative Officer C H= T T E N D E N C OUN T Y S HER = P P' S D E P A R T M E N T P _ O _ Bcax 1426 BurlinUton, Vermont 05402 R E T U R N O P S E R V 2 C B On the Y of20<V� made service e of the following/document(s)/ up n the ,fl� endant ( ) Summons ( ) Complaint ( ) Motion (s) ( ) Affidavit ( ) Summons to Trustee ( ) List of Exemptions ( ) Disclosure Under Oath ( ) Final Order ( ) Trustee Disclosure ( ) Sub oena - itne_s1s fees of ( ) by delivering a copy of same to the S,' by delivering a copy of same to ( ) Interrogatories ( ) Exhibits) ( ) Writ of Possession Judgment Order ( Order ( ) Memorandum of Law ( ) Notice of ( ) Writ of Attachment ( ) Recognizance fendant. ( ) a person of suitable age and discretion and then and there a resident at the usual place of bode of said def nd t Vermont, (for each of thom,Y a copy thereof with my return endorse thereon. Service Copies Travel Miles Postage Copying Copies Town Clerk Pages Notary Fee Other TOTAL STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 JILL E. SPINELLI PATTI R. PAGE* WRITER'S E-MAIL(WBAKER@FIRMSPF.COM) WILL S. BAKER ROBERT E. FLETCHER WRITER'S FAX (802) 660-2552 JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADNUTTED IN N.Y.) June 26, 2006 Jacalyn Stevens Court Manager Environmental Court 2418 Airport Rd., Suite 1 Barre, VT 05641 Re: City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Jackie: Enclosed please find for filing in the above -referenced matter the City of South Burlington's Motion for an Order of Contempt, Memorandum of Law, and proposed Order to Show Cause. I have this day sent the Court's March 6, 2005 Order to be served on Mr. Page. If you have any questions, please let me know. Thank you. Sincerely, Will S. Baker Enclosures CC: Garrow Page Raymond Belair, Administrative Officer S=06-149.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1607 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) V. ) GARROW PAGE, ) Defendant. ) Docket No. 257-12-05 Vtec MOTION FOR AN ORDER OF CONTEMPT NOW COMES the City of South Burlington, by and through its attorneys, Stitzel, Page & Fletcher, P.C., and alleges as follows: 1. This proceeding is commenced by the City of South Burlington (hereinafter the "City") to enforce the provisions of its Land Development Regulations and the Stipulation and Order, (hereinafter the "Order") dated March 6, 2005, against the Defendant Garrow Page. 2. The City commenced an enforcement action against the Defendant for a violation of the City's Land Development Regulations by using the Defendant's property at 10 Mayfair Street, South Burlington, as a junkyard by storing, keeping, processing and abandoning junk material on said property without a zoning permit. 3. In the Order, the Court required that the Defendant cease using the property as a junkyard and remove all junk and discarded material from the property no later than May 1, 2006. STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 Stipulation and Order, ¶¶4, 5. 4. The Defendant was a party to and signed the Stipulation and Order. 5. To date, the Defendant has failed and/or refused to cease using the property as a junkyard and has failed and/or refused to remove all junk and discarded material from the property. 6. Upon information and belief, the Defendant will continue his failure to comply with the Order until further ordered by this Court. WHEREFORE, the Plaintiff prays: 1. That upon consideration of the allegations of the foregoing petition for an Order for Contempt, the Court advance the cause for hearing; 2. That the Court find and adjudge Defendant in contempt of the Stipulation and Order of the Environmental Court dated March 6, 2006; 3. That the Court order that Defendant remove all junk and discarded material from the property no later than five (5) days from the date of the Court's Order.; 4. That the Court determine the reasonable attorney's fees, costs, and damages incurred in connection with the within proceeding and enter an award of such sum as may be just under the circumstances; and S. That the Court award such other relief as the Court deems proper. DATED at Burlington, Vermont, this 26th day of June 2006. son06-054 page contempt.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STITZEL, PAGE & FLETCHER, P.C. for the CITY OF SOUTH BURLINGTON Will S. Baker STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) MEMORANDUM OF LAW In the Stipulation and Order entered in this matter on March 6, 2006, this Court ordered that Defendant Garrow Page remove all junk and discarded material from the property no later than May 1, 2006. To date, Defendant Page has failed and/or refused to comply with the Court's Order. Vermont Rule of Civil Procedure 70 and 12 V.S.A. section 122 provide for an Order of Contempt in proper cases. Defendant Page has clearly demonstrated that he will not comply with the Court's Order entered in this case. Therefore, an Order for Contempt pursuant to V.R.C.P. 70 is necessary and appropriate. DATED at Burlington, Vermont this 26th day of June 2006. son06-056 contempt memo.lit STITZEL, PAGE & FLETCHER, P.C. for the CITY OF SOUTH BURLINGTON By: Will S. Baker STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) ORDER TO SHOW CAUSE Upon the Plaintiff's Motion for an Order of Contempt, it is ordered that Defendant Garrow Page appear and show cause before this Court on the _ day of 2006, at am/pm, or as soon thereafter as it may be heard, why this Court should not adjudge Defendant Garrow Page in contempt of this Court on the grounds set forth in the Motion for an Order of Contempt. DATED at Berlin, Vermont, this 26th day of June 2006. Environmental Judge son06-055 contempt order.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE` WRITER'S E-MAIL(WBAKER@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S FAX (802) 660-2552 JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY ('ALSO ADMITTED IN N.Y.) May 31, 2006 Garrow Page 10 Mayfair Street South Burlington, VT 05403 Re: City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Mr. Page: JILL E. SPINELLI WILL S. BAKER I am writing to follow up after our site visit at your property at 10 Mayfair Street on Tuesday, May 16, 2006. The Administrative Officer of the City of South Burlington found little or no substantial difference in your property since his last site visit to your property on January 24, 2006. The Stipulation that you signed and that the Vermont Environmental Court entered as an Order of the Court on March 6, 2006 required that you remove all junk and discarded material from your property no later than May 1, 2006. As the Administrative Officer determined, you have not removed all of the junk material on the property as required. Therefore, you remain in violation of the City of South Burlington Land Development Regulations. It is the City's position that you are also now in violation of an Order of the Environmental Court. Because you are in violation of the Court Order, the City is prepared to file a motion in Court requesting that the Court find you in contempt of the Stipulation and Order. If the City is successful and the Court finds you in contempt of its Order, you could be subject to additional monetary penalties, including attorneys fees. You will not be relieved of your obligation to remove all junk and discarded material from the property - the Court will again order you to do so. To avoid this further action, the City is providing you seven (7) days to remove all junk material from your property. If the property is cleaned up to the City's satisfaction by June 8, 2006, the City will not pursue contempt proceedings against you. Please be advised that you were ordered to remove all junk Garrow Page May 31, 2006 Page 2 material from the property (Paragraph 5 of the Court's Order). If you wish to keep some items, they must be put in a structure. If you remove all junk material from your property by June 8, please give me a call at 660-2555, or call the Administrative Officer Raymond Belair at 846-4106. If we do not hear from you by June 8th, I will proceed with the motion for an order of contempt. It would be satisfactory to the City if you hired a company to remove the material from your property. Retaining a company to do the clean-up would probably not be more costly for you than being subject to monetary penalties in the contempt proceeding. If you retain a company to do the work, please contact me or Mr. Belair before the above -mentioned deadline, even if the company has not completed the work. I hope to hear from you by June 8th. Thank you for your attention to this matter. Sincerely, Will S. Baker CC: Raymond Belair, Administrative Officer son06-124.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-91 l9 PATTI R. PAGE' WRITER'S E-MAIL(WBAKER@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S FAX (802) 660-2552 JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY ("ALSO ADMITTED IN N.Y.) May 12, 2006 Garrow Page 10 Mayfair Street South Burlington, VT 05403 Re: City of South Burlington v. Page Docket No. 257-12-05 Vtec Dear Mr. Page: JILL E. SPINELLI WILL S. BAKER This is letter is to confirm the date and time for the inspection of your property. As we discussed on the telephone, Ray Belair, the Administrative Officer and I will meet you at your property on Tuesday, May 16, 2006 at 10:30am. If you have any questions, please feel free to give me a call. Otherwise, I will see you on Tuesday. Sincerely, Will S. Baker cc: Raymond Belair son06-110.cor CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 20, 2006 Thomas Whalen 8 Mayfair Street South Burlington, VT 05403 Re: Garrow Page Zoning Violation — 10 Mayfair Street Dear Ms. Whalen: For your information, enclosed please find a copy of the Stipulation and Order for the above referenced zoning enforcement action. If you have any questions, please let me know. eamond r J. Belair Administrative Officer CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURI.INGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 20, 2006 Patricia Hardy 6 Mayfair Street South Burlington, VT 05403 Re: Garrow Page Zoning Violation — 10 Mayfair Street Dear Ms. Hardy: For your information, enclosed please find a copy of the Stipulation and Order for the above referenced zoning enforcement action. If you have any questions, please let me know. Sinc "y, Administrative Officer CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 20, 2006 Andrew Mahar 11 Woodbine Street South Burlington, VT 05403 Re: Garrow Page Zoning Violation — 10 Mayfair Street Dear Mr. Mahar: For your information, enclosed please find a copy of the Stipulation and Order for the above referenced zoning enforcement action. If you have any questions, please let me know. 4ce,Bel Administrative Officer STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N_Y-) (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 Or 660-9119 WRITER'S E-MAIL (W BAKER(&.FIRMSPF.COM) WRITER'S FAX (802) 660-2552 March 10, 2006 Charles Hafter City Manager Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: City v. Garrow Page Docket No. 257-12-05 Vtec Dear Chuck and Ray: JILL E. SPINELLI WILL S. BAKER Enclosed please find a copy of the Stipulation and Order for the above referenced zoning enforcement action. Under the Stipulation, Mr. Page agrees to remove all junk material from the property by May 1, 2006. At that time, I will contact Mr. Page to arrange a time for us to visit the site to ensure that the removal has occurred. Further, Mr. Page must pay to the City $1,960.44. Chuck should receive this payment by Wednesday, April 5, 2006. If this payment is not received, please let me know. If you have any questions, please give me a call. Thank you. Sincerely, Will S. Baker Enclosure Vermont Environmental Court 2418 Airport Road, Suite 1 Barre, VT 05641-8701 (802) 828-1660 March 8, 2006 ---------------------------------------- Will S. Baker, Esq. Stitzel, Page & Fletcher, P.C. P.O. Box 1507 Burlington VT 05402 ---------------------------------------- City of S. Burlington v Page Docket No. 257-12-05 Vtec See enclosed Stipulation and Order issued March 6, 2006. CC: Will S. Baker, Attorney for Plaintiff, City of South Burlington Defendant, Garrow Page STITZEL PAGE & FL ETCHF" nr° STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402.1507 STATE OF VERMONT ENVIRONMENTAL.COURT CITY.OF SOUTH BURLINGTON, FILED I MAR _ 6 2006 F E V`Rr,,1+ ram- ENVIRONMENTAL COURT Plaintiff, ) Docket No. 257-12-05 Vtec v. ) GARROW PAGE, ) Defendant. ) STIPULATION AND ORDER NOW COME the parties hereto, and stipulate and agree that the Court may declare and.order the following: 1. The Defendant is the owner of real property located at 10 Mayfair Street in South Burlington, Vermont ("Property" herein). 2. Sometime before September 28., 2005, Defendant commenced using the Property as a "junkyard" by storing, keeping, processing and by abandoning junk material on the Property without a zoning permit. 3. Pursuant to Section 17.02 of the City Land Development Regulations and 24 V.S.A. §4449(a)(1), the -actions described in paragraph 2, above, are unlawful. 4. The Defendant agrees to cease using the Property as a junkyard and to cease storing, keeping, processing and abandoning junk material on the Property. 5. No later than May 1, 2006, the Defendant shall remove all junk and discarded material from the Property. 6. No later than May 4, 2006, the Defendant shall permit the Administrative Officer to enter upon the Property, at a STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 mutually agreed -upon date and time, for inspection and to verify that Defendant has complied with the requirement in Paragraph 5, above. 7. Within thirty (30) days of the date this Stipulation and Order is entered as an order of the Environmental Court, Defendant shall pay to the City, by certified bank check, One Thousand Nine Hundred Sixty Dollars and Forty Four Cents ($1960.44). The Defendant shall deliver or mail the check to the South Burlington City Manager, 575 Dorset Street, South Burlington, VT 05403. 8. In the event that Defendant fails to pay to the City the amount in paragraph 7, above, in full and in a timely manner, the Defendant shall pay to the City, by certified bank check, Twenty Five Dollars ($25.00) for each day that the full amount is not paid by the deadline described in paragraph 7, above. DATED at Burlington, Vermont this a Aday of March 2006. STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH BURLINGTON By: Will S. Baker DATED at South Burlington, Vermont this _ day of March 2006. Garf dw 9.6rqe SO ORDERED at Berlin, Vermont, this (a day of March 2006. Environmental C Judg s=06-016.stip.page.lit STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N-Y) (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 or 660-9119 WRITER'S E-MAIL (WBAKER(c FIRMSPF.COM) WRITER'S FAX (802) 660-2552 March 10, 2006 Charles Hafter City Manager Raymond Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: City v. Garrow Page Docket No. 257-12-05 Vtec Dear Chuck and Ray: JILL E. SPINELLI WILL S. BAKER Enclosed please find a copy of the Stipulation and Order for the above referenced zoning enforcement action. Under the Stipulation, Mr. Page agrees to remove all junk material from the property by May 1, 2006. At that time, I will contact Mr. Page to arrange a time for us to visit the site to ensure that the removal has occurred. Further, Mr. Page must pay to the City $1,960.44. Chuck should receive this payment by Wednesday, April 5, 2006. If this payment is not received, please let me know. If you have any questions, please give me a call. Thank you. Sincerely, Will S. Baker Enclosure Vermont Environmental Court 2418 Airport Road, Suite 1 Barre, VT 05641-8701 (802) 828-1660 March 8, 2006 ---------------------------------------- Will S. Baker, Esq. Stitzel, Page & Fletcher, P.C. P.O. Box 1507 Burlington VT 05402 ---------------------------------------- City of S. Burlington v Page Docket No. 257-12-05 Vtec See enclosed Stipulation and Order issued March 6, 2006. CC: Will S. Baker, Attorney for Plaintiff, City of South Burlington Defendant, Garrow Page STITZEL PAGE & FLETCff"I °`' STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, FILED MAR - 6 2006 G VERRi Nf ENVIRONMENTAL COURT Plaintiff, ) Docket No. 257-12-05 Vtec V. ) GARROW PAGE, ) Defendant. ) STIPULATION AND ORDER NOW COME the parties hereto, and stipulate and agree that the Court may declare and order the following: 1. The Defendant is the owner of real property located at 10 Mayfair Street in South Burlington, Vermont ("Property" herein) . 2. Sometime before September 28,, 2005, Defendant commenced using the Property as a "junkyard" by storing, keeping, processing and by abandoning junk material on the Property without a zoning permit. 3. Pursuant to Section 17.02 of the City Land Development Regulations and 24 V.S.A. §4449(a)(1), the actions described in paragraph 2, above, are unlawful. 4. The Defendant agrees to cease using the Property as a junkyard and to cease storing, keeping, processing and abandoning junk material on the Property. 5. No later than May 1, 2006, the Defendant shall remove all junk and discarded material from the Property. 6. No later than May 4, 2006, the Defendant shall permit the Administrative Officer to enter upon the Property, at a STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171RATTERYSTREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 mutually agreed -upon date and time, for inspection and to verify that Defendant has complied with the requirement in Paragraph 5, above. 7. Within thirty (30) days of the date this Stipulation and Order is entered as an order of the Environmental Court, Defendant shall pay to the City, by certified bank check, One Thousand Nine Hundred Sixty Dollars and Forty Four Cents ($1960.44). The Defendant shall deliver or mail the check to the South Burlington City Manager, 575 Dorset Street, South Burlington, VT 05403. 8. In the event that Defendant fails to pay to the City the amount in paragraph 7, above, in full and in a timely manner, the Defendant shall pay to the City, by certified bank check, Twenty Five Dollars ($25.00) for each day that the full amount is not paid by the deadline described in paragraph 7, above. DATED at Burlington, Vermont this alAday of March 2006. STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH BURLINGTON By: c Will S. Baker DATED at South Burlington, Vermont this _ day of March 2006. ge SO ORDERED at Berlin, Vermont, this day of March 2006. Environmental Rkwawt Judg son06-016.stip.page.lit 02/23'2006 17:12 FAX 8026602552 a 001 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINOTON, 'VERMONT 05M2-1507 (302) 660-255$ (VOICFiTDD) STEVEN F. STITZEL FAX (902) 660-2552 or 660.9119 JILL C. SPINELU PA-n1 R. PAGE' WRITER'S &MAIL(RBAKER@FHWSPF.WM) WILLS. BAKER ROBERT I_ nXTCHER 'ArRHER' S FAX (.402) 660-2552 JOSEPH S. MCLEAN TIMOTHY M. EUSTACE AMANDA S. E, t AFFERTY ('ALSO AOMI7-1'EI) N NX ) FACSIMILE TRANSMITTAL SHEET Date: February 23, 2006 To: Ray Belair Zoning Administrative Officer City of South Burlington Fax: 846-4101 Re: Cily v. Paj4e Docket No. 257-12-05 Vtec Sender: Will S. Baker You should receive 3 Page(s), including this cover sheet. If you do not receive all the pages, please call (802) 660-2555. MESSAGE Ray - Transmitted herewith is a draft Stipulation which I have proposed to Mr. Page. Please review it and have Chuck review it and let me know if you have any comments. Thank you. This message is intended only for the use of the addtnssem and may contain information that is privileged and eonTidential. If you are not the intended recipient, you are hereby nptiiied that any dissemination of this coimnmiication is strictly prohibited. If you have received this oonununication in error, please notify us immediately by telcphone (802-660-2555). Thank you. 02!23/2006 17:13 FAX 8026602552 Z 002 SPATS OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, )6"" Plaintiff, } Docket No. 257-12-05 Vtei ) V. ) GARROW PAGE, ) Defendant. ) STIPULATION AND ORDER NOW COME the parties hereto, and stipulate and agree that the Court may declare and order the following: 1. The Defendant is the owner of real property located at 10 Mayfair Street in South Burlington, Vermont ("Property" herein) . 2. Sometime before September 28, 2005, Defendant commenced using the Property as a "junkyard" by storing, keeping, processing and by abandoning junk material on the Property without a zoning permit. 3. Pursuant to Section 17.02 of the City Land Development Regulations and 24 V.S.R. §4449(a)(1), the actions described in paragraph 2, above, are unlawful. 4. The Defendant agrees to cease using the Property as a junkyard and to cease storing, keeping, processing and abandoning junk material on the Property. 5. No later than May 1, 2006, the Defendant shall remove all junk and discarded material from the Property. 6. No later than May 4, 2006, the Defendant shall permit the Administrative Officer to enter upon the Property, at a mutually agreed -upon date and time, for inspection and to verify that Defendant has complied with the requirement in. Paragraph 5, 02,/23/2006 17:13 FAX 8026602552 [it o03 above. 7. within thirty (30) days of the date this Stipulation and Order is entered as an order of the Environmental Court, Defendant shall pay to the City, by certified bank check, One Thousand Nine Hundred Sixty Dollars and Forty Four Cents ($1960.44). The Defendant shall deliver or mail the check to the South Burlington City Manager, 575 Dorset Street, South Burlington, VT 05403, S. In the event that Defendant fails to pay to the City the amount in paragraph 7, above, in full and in a timely manner, the Defendant shall pay to the City, by certified bank check, Twenty Five Dollars ($25.00) for each day that the full amount is not paid by the deadline described in paragraph 7, above. DATED at Burlington, Vermont this _ day of larch 2006. STITZEL, PAGE & FLETCHER, P.C. Attorneys for the CITY OF SOUTH BURLINGTON By: Will S_ Baker DATED at South Burlington, Vermont this _ day of March 2006. Garrow Page SO ORDERED at Barre, Vermont, this day of March 2006. Environmental Court Judge sonos-016.atip.patge.lit VI/ VU/ LUUU 11s. :JU PtlA QVQUUUL•J%J6 5TITZEL7 PAGF, & PLETCHER EC. ALrORNM ATLAW- l7l BATTERY AT@RRT P.O. BOX IW7 BLIBLUNGTON. Vafmif1NT "2-1607 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, } Plaintiff, } Docket No. 257-12-05 Vtec V. } GARROW PAGE, ) Defendant. } } AFFIDAVIT OF RAYMOND BELAIR Raymond Belair, being duly sworn, deposes and states on his personal knowledge, as follows: 1. I, Raymond, Belair, am the Administrative Officer for the City of South Burlington. 2. As the Administrative Officer, I am familiar with the above -captioned matter. 3. The Defendant, Garrow Page, owns the property at issue at 10 Mayfair Street in South Burlington. 4. At all times relevant to this appeal, the City of South Burlington has had duly adapted Land Development Regulations in effect. 5. The City of South Burlington issued a Notice of violation to the Defendant, via certified mail, on September 21, 2005. True and correct copy of said Notice is attached to the City's Motion for Partial Summary Judgment as Exhibit A. 6. The Notice provided that the Defendant could have appealed to the Development Review Board if an appeal was brought u1! VVf LVVV -LG. ov rA_1 vvivvv—j :JY within fifteen (15) days. 1. I received a certified mail receipt stating that the Defendant had received the Notice on October 6, 2005. True and correct copy of the certified mail receipt is attached to the City' s Motion for partial Summary JudgTnent as Exhibit B. 8. The Defendant did not appeal the Notice to the Development Review Board. DATED at South Burlington, Vermont, this 6th day of January, 2006. Sworn a cribed Before Me this 6 day of January, 2006. Notary Public My Commission Expires: �i ' D ,A007 Son06-005•aff_belair STITZEL, PAGE & Ir`LETCIiER, EC. ATTORNEYSAT LAW 172 'sAW'EHYSTRHE7` P.O. I*X PEP MntL1h7GT0K. VEBMdNT` U WZ-IWT PA 01 06/2006 12:50 FAX 8026602552 101 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, Vl:RWIONr 05402-1507 (902) 660-2555 VOICE DD) STEYEN F. STITZEL FAX (802) 660-2552 of 6609119 PATTI R. PAGE* WRITER'$ E-MAIt.. (W'BAKEP.AFIRMSPF.COM) POREWr K FLETCHER WRITER'S FAX (802) 660-2552 A)SEPH S. McLEAN TIMOTHY M_ EUSTACG AMANDA S. I LAFFERTY (*ALSO AD-ff= IN N.Y.) FACSIMILE TRANSMITTAL SHEET Date: January 6, 2006 To: Ray Belair Fax: 846-4101 Re: City v. Page Affidavit Sender: Will S. Baker You should receive 3 Page(s), including this cover sheet. If you do not receive all the pages, please call (802) 660-2555. MESSAGE JILL E. SPINELLI WILL S. BAKER Ray - please review and sign the attached Affidavit and fax it back to me as soon as possible. Please also mail it back to me so I can forward the original signed page to the Court - Thanks. , rA This mcs_sW is intended only for the use of the addressee and may contain information that is privileged and confidential If you are not the intended recipient, you err hereby notified that any &Twinination of this communication is strictly ptohtbited. If you have received this communication in enor, please notify us immediately by telephone (802-660-2555). Thank you. 12/14/2005 11:44 FAX 8026602552 Q 002 STATE OF VERMONT ENVIRONMENTAL COURT CITY OF SOUTH BURLINGTON, ) Plaintiff, ) } V. } } GARROW PAGE, } Defendant. } Docket No. g?-a-ATvtec ORDER FOR ALTERNATIVE SERVICE Based on the City of South Burlington's Motion for Alternative Service, and pursuant to Vermont Rule of Civil Procedure 4(d)(1), this Court hereby orders that the City of South Burlington may make service by attaching the Summons and Complaint to all windows and doors of the Defendant's dwelling that the Sheriff can access without putting him or herself at risk of harm:Ve� L rtp�'"� (e> Gad2 awe `1�a- �t'i - j SO ORDERED this day of December, 2005. Environmental Court ge 12/14,12005 11:44 FAX 8026602552 a o01 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.a, BOX 1507 BURLINGTON, VERMONT 05402-1507 (Bo2) 660.2555 (VOICErrDO) STEVEN F. 5TI13,F1, FAX (802) 660-2552 ar660-9119 llt�L, F. SPINELU PATTI R. PAGE" WRITER'S E-MAIL (WRAKER@FIRMSPF.COM) WILL 5, BAKER ROBERT E FLETCHER WRITER'S FAX (902) 660.25n JOSEPH S. Mcf ekN TIMOTHY M.EUSTACE AMANDA S. E. LAFFER7Y (-ALSO ADMITTED IN N.Y.) FACSIMILE TRANSMITTAL SHEET Date: December 14, 2005 To: Ray Belair City of South Burlington Fax-, IHC - ytoj Re: City v. Page Sender: Will S. Baker You should receive 2 Page(s), including this cover sheet. If you do not receive all the pages, please call (802) 660-2555. MESSAGE Ray - I think the Judge Tread your mind re: the complaint posted under the Defendant's wiper. See attached Order for Alternative Service and handwritten addition. we This message is intended only for the use of the addrmsee and may contain information that is privileged and confidential. If you ate not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohaibitcd. If you have mceivcd this communication in crlxat, pleaso notify us irnmediately by telephone (802-660-2555). Thank you_ 12,106!2005 14:39 FAX 8026602552 U 002 Chittenden County Sheriff's Department P.O. Box 1426 Burlington, VT 05402 Plaintiff City of south Burlington Vs, Gar -row Page Defendant Return of Service Affidavit of Diligent Search Now comes, Daniel Gamelin, Deputy Sheriff; having first been duly sworn and on oath, deposes and says- I am not a party to this action and am over the age of 18 and reside in Chittenden County Vermont-. On November 14, 2005, I received a, Summons and Complaint to be served on the defendant at 10 Mayfair Street, South Burlington, Clermont. On November 14, 2005, I attempted service, when I approached the front door to the house, I could not make my way up the porch stairs, because of the garbage and junk that the defendant has disposed on his porch, The trash was so deep, that I could not tell if there was a floor at the bottom "Phis I believe was an unsafe situation for me- I dial not want to jeopardize my health I then attempted to go the back door. When I approached the backyard fence, I could not get near the gate. There was a lot of juuk and garbage in front of the gate, malting it impossible to open. The defendant's vehicles were parked in the driveway. 1 than decided to knock on the front windows, to which no one responded_ I believe Mr. Page was inside the house, but would not make his way to the blocked front door - Mr. Page has in the past avoided service of the courts- Orders for Alternative service have been issued to complete service on the defendant. I believe that the only way to effect service on the defendant .will be through an Order for Alternative Service by attaching to all windows or doors on the house that a Deputy Sheriff cah i ch without j ing his or her health. /* ;t7 Subscribed and sw to before me this Daniel Gsunchri, AMant -- I day of D ►r 2005 ty Sheriff Notary Public 12/06/2005 14:38 FAX 8026602552 R oo1 STITZEL, .PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P_O. BOX 1507 BIJKL1NUTON, VERMONT 05402-1507 (802) 660-2555 (VOICG,TDD) STEVEN F. STITZEL FAX (902) 660-2552 or 660-9)19 PATTI R. PAQF* WR1TM'S F-MAIL (WBAKE•R@FIRMSFF.COM) ROBERT E. FLETCHER WRITER'S FAX (302) 660-2552 JOSEPH 5. McLEAN TIMOTHYM, FVSTACE AMANDA S. E. LAFFERTY (-ALSO ADb4'ITED IN N.Y.) FACSIMILE TRANSMITTAL SHEET Date: December b, 2005 To: Ray Belair City of South Burlington Fax: n- qr a 1 Re: South Burlington v. Page (zoning enforcement action) Sender: Will S. Baker You should receive 2 Page(s), including this cover sheet. If you do not receive all the pages, please call (802) 660-2555. MESSAGE JILL E. SPINEL 1 WILL S. BAKER Ray - for your information, see attached. Affidavit of the Deputy Sheriff who attempted to serve Mr. Page. We will request that the Court grant an order for alternative service. _6 This message is usended only for the use of the addre ncc and may contain information that is privileged and confidential_ If you ate not the intendod recipiant, you are hereby notiSed that any dissemination of this communication is strictly prohibited If you have received this communication in error, please notify us immediately by telephone (802-660.2555). Thank you. { • e. � _ +^ � �%. �. .t �+.`T • .! fir .�f $" •' .r ♦..• , l sk Irk 4 akc � jA�;� . .•c 4 Ramat' ._���•!! I l [F,f' + eIlrr w •�� .. i r-�..�• .+,.t40 ` . _ 'L..r,,i'-,ram, �, ` � _.�' �' -r' �r�„s ----• r^• ' , at �' .. � . Tl ��ff i +11 I SO 1! 4�F* F � <:, � , 3�� //AAff'�/��`��-� . t,�.t 2 � r t , i ,� •� r ,1� ,� -1 } . tiQP f s.Ea Ire ow sk '. �.• �. .�.,.. _ _ •�� it'^� .� �`1 �� vY _' 111 O'•,4 = \,... .'dt • „,riS-;: i . ,. Me.. I k�'' �' "�� . Pit, g" 1,0 kvi RR -/�i��� �'W Via' - -+.. R '� x .•.. • `. r. t� 4.•1Maw 1'+t, SUM wa 40 AFAMW Alt 10 he �� .6,r- � ..tea � � , v �., .� ' •• f. �, ��7 a '•?. � ,, + � k 31 No Text No Text No Text VIL A ILI 4M Complete iteMIS 1, 2f'and 3: Alto comp ature .11111 item 4 if Restricted Delivery is desired. ❑ Agent I K_Printyouurhame.and address on the reverse 0 Addressee B. Recelyed'by (P_.nted me) p 1C, Dated Delivery d6 I so that Wecanfeturn the card to you. I ..'i• Attach this card to the back of the mailpiece,p or on.the frohtif space, permits. D, Is delivery address different from item 1l, M Yes ` Ai4icie Addressed to: if YES; epter delivery address below', L7 No I Gwvou-:-,) V �` 3. Service Type. ' OrCeitified.M it 0 Express Mail Q'Registered ].Return iarchandlse Receiptfior M,, ] th3uredMalOC.O.D. I ReratecD3ery(Extra Fee) b yeg 2 ArticleNumter 7005 0390 0903 0241 3083 { (Transfer from teMca Iabeq Ps Form 3811, February 2004 bomestic tieturn Receipt 102sss-02-M-tsao UNITED STATES POSTAL SERVICE First -Class Mail "Postage & Fees -Paid LISPS, Permit No. G-10 Sender: Please print your name, address, and ZIP+4 in this b'ox' CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 1 • • • 1 U.S. Postal Service,., CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usl3s.conle September 21, 2005 Garrow Page 10 Mayfair Street South Burlington, VT 05403 Re: Zoning Violation — 10 Mayfair Street Dear Mr. Page: Postage C3 Certified Fee 1 C� O P t O Return Receipt Fee (Endorsement Required) 7 O Restricted Delivery Fee �N, r� / Er (Endorsement Required) m O Total Postage & Fees $ PS Form 3800, June 2002 See Reverse for Instructions 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. Using the property as a `junk yard" by storing, keeping, processing and abandoning junk without a zoning permit. You have seven (7) days from the date of this letter to discontinue these violations and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of the property as a `junk yard" by removing all junk material from the premises. 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 fines of up to $100.00 per day for each day your 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) and one hundred ten ($110) dollars 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. Administrative Officer Encl. CC: Amanda S.E. Lafferty, Esq Certified Mail Receipt #7005 0390 0003 0241 3083 USPS -Track & Confirm Page 1 of 1 UNITED STATES POSTAL SERVICE, Home I Help Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7005 0390 0003 0241 3083 - Status: Notice Left Tra rk & Confirm We attempted to deliver your item at 10:29 am on September 22, 2005 in Enter Label/Receipt Number. SOUTH BURLINGTON, VT 05403 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright Gi 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrm l .smi.usps.com/PTSInternetWeb/Intert,abellnquiry.do 9/23/2005 Page 1 of 1 Ray Belair From: trishhardy [trishhardy 1@adelphia.net] Sent: Saturday, October 01, 2005 1&22 AM To: Ray Belair Subject: Re: 10 Mayfair Street Dear Mr. Belair, I appreciate your reply to my letter and certainly do realizes that this will take time. It is sad that this action has to be taken. It has existed for years, at least as long as I have been in the neighborhood, which is 25 years. However, due to the nature and possible mental illness of the habitant of 10 Mayfair the problem has been ignored by all who have the authority do deal with it; all hoping that something would happen to have it take care of itself, and very reluctant to cause offense. Certainly no one in the neighborhood wants to be involved in a court case. I am speculating, just from local gossip and from my children, that over the years the garage, then house have been filling up, and it has now spread to the back yard. The addition of junk, piled high into his car, is an almost daily addition. However, this has now spread beyond his immediate neighbors and has now certainly gotten totally out of control. I dread the return of next summer and the attack of heat on our neighborhood open junk yard. I should hope that the city can at least do something about the rotting food before it becomes a real health hazard. I would really appreciate it if you would keep me informed of any action you will be taking. Sincerely, Patricia Hardy Ray Belair wrote: Dear Ms. Hardy: Your letter of 9/27/05 has been forwarded to the Health Officer for investigation. As you noted in your letter, I am doing everything I can to get rid of the junk. We will probably end up in Court which could take a year or more. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 10/3/2005 FROM :COLOP,LAB M�NUFr TUf??PSG FPX N0. :002 e64 4649 Sep. 27 2005 C.19.21PM P1 Patricia Hardy 6 Mayfair Street, South Burlington, VT 0.5403 802-658-4160 trishhardy I (a adelphia.net City of South Burlington 575 Dorset Street Sough Burlington, VT 05403 Attention: Raymond Belair Dear Sir, I am Patricia Hardy and I live at 6 Mayfair Street, South Burlington. Number 10 on my street has been turned into a junkyard over many years. The smell from his back yard has been a continuous problem with my neighbor, but it is now so strong it is drifting into my house. It smells strongly of rotting food, or something similar. I caii not stress enough how bad this is for the neighborhood. As the rotting trash is not .getting buried, as at the dump, I am beginning to fear that it will effect our health. I am well aware that you have sent a letter to deal with this problem which may or may not have been received, but this has been going on for _years with no solution. It has now reached a stage where some very serious action has to be taken, Sincerely, /iatrVHar The Golf Channel - On Air Talent Detail Page i of 5 TGC SEARCH Home On Air Proaram Listings TGC, Tournaments Golf Central Sprint Frost Game Your Game Night Academy Live Top Shelf Wednesdays Grey Goose firth Noce Leaderboaro Rpt Golf 'raik Golf Fitness Academy What's Iri The Bag Peter Jacobsen Golf With Style Playing Lessons Academy Makeover Challenge Tournament Airtimes TGC: Talent TGC Shows Tournaments Scoring Statistics Whats in the Bag . The Big Break Contests Instruction Game Tracker Video Vault TGC PRO SHOP College Central Drive,Chip & Putt Gaines Fantasy Golf Discussions TGW Goif Store Travel Golf Packages Real Estate Event Ticket: Golf Schools Tee Times Born: Family: College: Handicap: Favorite Movie: Favorite food: Favorite Song: Golf Tip: Background lain Paae Anchor/Reporter, Golf Central December 27, 1963 Burlington, Vermont Married Children - Khalid Page (11/18/2003) Children - Aidan Page (11/18/2003) Children - Dillon Page (11/18/2003) B.A. Boston University, Law degree from George Washington University 8 "It's a Wonderful Life" I love all food I can't decide It's all about the short game lain Page joined The Golf Channel in 2004 and serves as a reporter and host for Golf Central, the network's nightly news program. An avid golfer with an eight handicap, Page brings more than 10 years of broadcasting experience to The Golf Channel. Following a stint as a local sports anchor at WAPT-TV in Jackson, Miss., Page joined ESPN in 1996 and hosted SportsCenter, ESPNews and was a play-by-play announcer for college basketball. Page practiced law for six years before pursuing his dream of becoming a television sportscaster and holds a bachelor's degree from Boston University, as well as a law degree from George Washington University. pqu�; 0a� � e c c F4 http://www.thegolfchannel.com/core.aspx?page=22100&dv=3459495&select=37 8/29/200.5 Thomas A. Whalen 8 Mayfair Street South Burlington, VT 05403 802.865.3756 Mr. Ray Belair Administrative Officer 575 Dorset Street South Burlington, VT 05403 August 23, 2005 Dear Ray, It has been approximately one year since I contacted you regarding the property of Garrow Page at 10 Mayfair Street in South Burlington. I have learned that you have contacted Mr. Page's son and were lead to believe there would be an improvement in regards to the daily dumping of trash and junk onto his property. There have been no positive changes; in fact the problem has gotten much worse. This unfortunate and unnecessary situation is devaluing bordering properties and I probably would have a difficult time selling my own home adjacent to this eyesore should I desire to do so. In addition to the property being loaded with refuse and debris, there is also periodic garbage odor which I feel is a possible health issue as well as an annoyance. I do realize this situation is of a sensitive nature, however, I feel my fellow neighbors and I have been very patient with the city in getting this matter resolved. The city must take action and insist that Mr. Page abide by the zoning laws in place. He must clear his property of all junk and waste and cease the continued dumping at 10 Mayfair Street. If Mr. Page does not take action regarding this matter than I would hope the city would take the necessary steps to rectify these issues. I would think that this matter could be resolved in a timely manner and am asking that you keep me informed about any steps that are being taken along the way. Thank you in advance for your help. Regards, Thomas A. Whalen cc: Mr. Chuck Hafter City Manager South Burlington, VT cc: Mr. John Dinklage Moderator Mayfair Park Prudential Committee South Burlington, VT