In a decision issued September 26, 2014, the Environmental Division of the Vermont Superior Court concluded that an individual’s occasional use of a 100’ by 100’ area on his property in the Town of Dover for the landing and takeoff of a helicopter falls within the definition of “land development” requiring zoning approval. In addressing a motion for summary judgment in the matter of In re Brady Sullivan SV, LLC NOV, the Court refused to characterize the use as simply a “de minimis” incidental use of the property. The Court reasoned that access of the property via helicopter is not contemplated by the existing zoning approvals for the property and use of the property as a landing pad fits within the Town’s definition of “airport” use in its zoning bylaw.
The Town of Dover is represented in the ongoing matter by Joe McLean and David Rugh of Stitzel, Page & Fletcher, PC. The full text of the decision will be available here (though not yet published as of October 21, 2014 – contact Stitzel, Page & Fletcher for a copy of the decision). For more information on this and other recent decisions of the Environmental Division, please contact Stitzel, Page & Fletcher by email or call 802.660.2555.