Nov 9, 2018
KILLINGTON — Unless he appeals to a
higher authority, a Morrisville man accused by town officials of
breaking zoning laws by renting out a house he owns to dozens of people
will have to stop doing so or face fines.
Zoning Administrator Richard Horner said Friday the Zoning Board of Adjustment voted unanimously Wednesday to deny an appeal by Vincent Connolly, owner of property at 287 Estabrook Road.
Connolly appealed a notice of violation sent to him by Horner in August.
Connolly currently has 287 Estabrook Road listed on the website Vacation Rentals by Owner (www.vrbo.com). Dubbed the “Killington Mountain House,” the web page lists the place as a 4,000-square-foot building with four bedrooms “with an additional petite office area as 5th bedroom” that sleeps 28 people.
According to Horner’s notice of violation, the home is permitted as a three-bedroom residence with a maximum occupancy of six people. The notice gave Connolly seven days from the day he received it to stop advertising 287 Estabrook Road as sleeping more than six people, and to stop renting it out to groups larger than that. As of Friday, the property was still advertised on the website as having space for 28.
Connolly’s appeal hearing was held Oct. 17, but attorney Patrick Burke, who represents a group of Connolly’s Estabrook neighbors, argued that the appeal was filed outside the 15-day window it was allowed in. After a long discussion, the Zoning Board of Adjustment opted to pause the meeting until a later date, giving it time to consult with its attorney.
That meeting was held Wednesday. Horner said it drew a similarly large crowd. The town’s attorney, he said, advised to leave the issue of the appeal’s timing alone and to proceed with the hearing. Horner said Connolly talked about the property, the number of rooms and beds, and the Zoning Board of Adjustment made its decision.
Horner said the ZBA now has to put its decision in writing. It has 45 days from Wednesday to do so. Connolly will have 30 days after he received it to appeal the decision to the state Environmental Court if he so chooses.
According to Horner, the penalty for continuing to be in violation of zoning ordinances is $200 per day.
Connolly didn’t return a call seeking comment on Friday, however his attorney, Jon Anderson, of Burlington, did. Anderson said he couldn’t speak to the merits of his client’s case, nor could he speak for others. He said he doesn’t know if Connolly will appeal the ZBA decision or not.
keith.whitcomb
@rutlandherald.com
Zoning Administrator Richard Horner said Friday the Zoning Board of Adjustment voted unanimously Wednesday to deny an appeal by Vincent Connolly, owner of property at 287 Estabrook Road.
Connolly appealed a notice of violation sent to him by Horner in August.
Connolly currently has 287 Estabrook Road listed on the website Vacation Rentals by Owner (www.vrbo.com). Dubbed the “Killington Mountain House,” the web page lists the place as a 4,000-square-foot building with four bedrooms “with an additional petite office area as 5th bedroom” that sleeps 28 people.
According to Horner’s notice of violation, the home is permitted as a three-bedroom residence with a maximum occupancy of six people. The notice gave Connolly seven days from the day he received it to stop advertising 287 Estabrook Road as sleeping more than six people, and to stop renting it out to groups larger than that. As of Friday, the property was still advertised on the website as having space for 28.
Connolly’s appeal hearing was held Oct. 17, but attorney Patrick Burke, who represents a group of Connolly’s Estabrook neighbors, argued that the appeal was filed outside the 15-day window it was allowed in. After a long discussion, the Zoning Board of Adjustment opted to pause the meeting until a later date, giving it time to consult with its attorney.
That meeting was held Wednesday. Horner said it drew a similarly large crowd. The town’s attorney, he said, advised to leave the issue of the appeal’s timing alone and to proceed with the hearing. Horner said Connolly talked about the property, the number of rooms and beds, and the Zoning Board of Adjustment made its decision.
Horner said the ZBA now has to put its decision in writing. It has 45 days from Wednesday to do so. Connolly will have 30 days after he received it to appeal the decision to the state Environmental Court if he so chooses.
According to Horner, the penalty for continuing to be in violation of zoning ordinances is $200 per day.
Connolly didn’t return a call seeking comment on Friday, however his attorney, Jon Anderson, of Burlington, did. Anderson said he couldn’t speak to the merits of his client’s case, nor could he speak for others. He said he doesn’t know if Connolly will appeal the ZBA decision or not.
keith.whitcomb
@rutlandherald.com
