Francis v. Town of Castleton

Francis and Kathleen Shepard appeal a judgment of the trial court finding them in violation of the Town of Castleton (Town) sewage ordinance and ordering them to obtain a permit for their on-site sewage disposal system. We affirm.

The Shepards own a residence on a small lot on Lake Bomoseen in Castleton, Vermont. In June 1986, plaintiffs were granted a variance to build an addition to the second floor of the residence. Upon completion of the project, plaintiffs’ loft was expanded to a full second story with bathroom. The permit required as follows:

All necessary State and local requirements as…