The Spaulding family, Edward Spaulding and his mother Charlene Spaulding, have settled their legal battle with the town of Waitsfield over a zoning violation levied against a cargo storage container placed on their Center Fayston Road property.
The settlement, $15,000 will be paid by the Spauldings to the town starting this week on May 1 and continuing until it is paid in full. Terms of the settlement also include the removal of the container by its owner, United Rentals, by today, May 1.
The select board held a special meeting last week on April 25 to discuss the settlement and did so in executive session. After exiting executive session, the board voted to accept two settlement proposals, one from the Spauldings’ attorney, and one on behalf of Edward Spaulding’s ex-wife Courtney Spaulding that exempts holds her harmless in the settlement.
The settlement stems from a notice of violation issued by the town in February 2023 when Edward Spaulding placed a 40-foot storage container on the property within the Center Fayston Road setback. The property is located immediately south of Center Fayston Road and along Route 100 in Waitsfield.
Edward Spaulding appealed the violation notice to the Waitsfield Development Review Board which upheld the violation after an April 2023 hearing and May 2023 decision. Edward Spaulding appealed that decision to the Vermont Superior Court, Environmental Decision.
Last week’s settlements bring the legal battle to a close and select board members, through town administrator York Haverkamp, said the resolution represents a meaningful step forward.
“After an unnecessarily lengthy and complex process, the select board has reached an agreement that brings long-awaited closure to this enforcement action,” Haverkamp said.
With Haverkamp, the board issued a press release that reads, in part:
“The town made every effort to resolve the matter quickly and amicably, and recognizes that this matter could – and should – have been resolved more efficiently. Among other related challenges, the extended duration of this proceeding placed an undue burden on town resources, staff, and the broader community. We are relieved to have finally achieved a resolution that will compensate the Town for a portion of the enforcement expenses incurred, and we are hopeful that the settlement will allow all parties to move forward constructively,” he added.
“The purpose of the town’s zoning and planning regulations is to ensure thoughtful, consistent, and fair development in our community. The town is fully committed to upholding these policies, and we recognize that their effective enforcement depends on the dedication and professionalism of our Town staff. The select board wishes to emphasize that showing respect for our staff and their work is of the utmost importance. Their expertise, integrity, and commitment – which they demonstrated throughout this process – are essential to the well-being and orderly governance of Waitsfield. We ask all members of our community to join us in valuing and supporting our staff, whose efforts are fundamental to ensuring that our policies are applied fairly and transparently for the benefit of everyone in Waitsfield.
“In settling this zoning enforcement action, the select board acted with careful consideration, prioritizing the interests of Waitsfield’s residents and the integrity of our local governance.”
