By Curt Peterson
UPDATE, July 18: The HPC has chosen not to appeal the summary judgment regarding the Sunnymede store.
On July 8, the Vermont Superior Court, Environmental Division, issued a summary judgement in favor of Sunnymede Farm’s application to construct a “farm store” on the former Lamb Farm property on Route 5 in Hartland.
The judge and interested parties met at the proposed site and at Sunnymede’s farm property on May 29. At that time, according to Hartland Planning Commission (HPC) member Jay Boeri in a phone conversation with the Mountain Times, the judge suggested the litigants find some mutually acceptable compromise. Boeri said that weeks later the HPC hadn’t heard anything from Sunnymede about compromise discussions. The next development was the summary judgement.
In an accompanying letter, judge Thomas G. Walsh wrote, “The [proposed] Farm Store makes efficient use of land, energy, roads, and other infrastructure without contributing to a pattern of strip development. Furthermore, the Farm Store is properly classified as a Resource Based Commercial Use and there are no provisions within the town or Regional plans upon which to deny the project.”
Sunnymede’s proposal has been a focus of efforts by the HPC and the Two Rivers Ottauquechee Regional Planning Commission (TRORC) to stop construction of Sunnymede’s 9,000 sq. ft. retail store, take-out and eat-in deli and bakery on the now-vacant land currently used by a local farmer to produce hay.
The proposal was originally approved by the court on Sept. 18, 2023, inspiring appeals by TRORC alleging violations of their regional plan, and by HPC citing violations of their town plan.
The land is legally owned by SM Farm Shop, LLC and SMFVTMGT, LLC. Besides the two-story farm store building, the proposed improvements will include 46 parking spaces, handcapped accessability, electric vehicle charging stations and bicycle racks.
Sunnymede has warranted that 60-70% of the products sold in the store will be produced either at their farm on Town Hill Road (two miles from the site) or on the subject property, where fruit trees and bushes, and apiaries are planned. This has satisfied judge Walsh that the facility will qualify as a “Farm Store” as described in the cited plans.
Another allegation by the appellants described the farm store as a “strip mall” structure, which is prohibited in their plans. Judge Walsh disagreed, comparing the established description of a strip mall to the two-story, single occupant proposed farm store.
The judgement cites utilities, water supply, wastewater treatment, proximity to the village center, percentage of land coverage and traffic impact as areas in which the Sunnymede plan complies with Act 250 requirements and the respective town and regional plans.
If either or both appellants want to appeal Judge Walsh’s decision, their recourse would be limited to the State Supreme Court.
The Mountain Times reached out to David Dukeshire, current chair of the HPC for comment about the judgement, but he declined “at this time.” The Mountain Times was unable to reach anyone at TRORC or Sunnymede for comment prior to deadline. Hartland Select Board chair Phil Hobbie declined to discuss the judgment itself, saying it is a Planning Commission matter, and he doesn’t feel it appropriate for him to comment.
