Neighbors Sue Charlotte Store Owner Over $10,000 Well Repair and Sewage Issues

Sarah Beal and David Kenyon have sued the owner of the Old Brick Store in Charlotte for damages.

The couple filed the lawsuit in September, alleging that the store’s recent changes have disrupted their daily life.

They also appealed to the town, arguing the business now operates as a restaurant in violation of its zoning permit.

The Charlotte Development Review Board will vote on that zoning matter on November 11.

Jolene Kao bought the historic store in 2023 to revitalize it as a local hub.

She installed an espresso bar, updated the food menu, and added a long farmhouse table with stools.

The store has drawn more customers since those changes, according to Kao and local residents.

Beal and Kenyon, who have lived next door for 11 years, say the increased traffic caused parking problems.

They reported that customers parked in their driveway and delivery trucks blocked their exit.

Kao added stripes to the parking lot and posted signs to address the traffic flow.

The couple’s private well began failing in May 2024.

The well, which is shared with two other homes, often ran dry during the store’s morning rush hours over the following year at times forcing the family to leave their home during that period. They fracked the well and bought a storage tank for roughly $10,000. They suspect the store’s deeper well is drawing down their supply, though testing to confirm this is pending. In February, a strong odor from the store’s septic tank prevented their children from playing outside. A crew hired by Kao pumped the tank, dragging a hose across the backyard and smearing sewage in the snow, Beal said. Another pumping event in March spilled water onto their driveway and front step. Beal suffered a panic attack during that incident. She told the Development Review Board that she realized the situation had become too difficult to manage quietly at that moment. The state ordered Kao to replace the failed septic system in April but allowed the store to stay open. Regulators gave Kao a June 1 deadline to obtain a new wastewater permit. She later secured an extension to allow her engineers more time. Beal said she kept her complaints private to avoid hurting the business. Her feelings changed this summer when Kao announced plans for a satellite store in Burlington. Kao said the new location would have low overhead and might reduce traffic in Charlotte. Beal said the news hit her hard. The dispute escalated in late July when Kao delayed a meeting with the couple because her attorney was out of town for a wedding. The couple’s attorney asked the zoning administrator to take enforcement action. Rebecca Kaplan, the zoning administrator, sided with the business, stating she saw no change in historic operations. The couple appealed to the review board. In early October, Kao emailed supporters asking them to send photos and stories to the board. A friend forwarded that email to a group and accused the neighbors of bullying Kao. Kao said she does not recall seeing that forwarded email. At the review board meeting last month, Beal read a statement while fighting back tears. She said the couple wants the store to succeed but not at the expense of their mental health and property rights. Kao acknowledged the success has been double-edged. She said she has operated the business with honesty and compassion. Selectboard member JD Herlihy urged residents to let the zoning process play out. He lives diagonally across the street from the store. The septic problem remains unresolved. The couple is appealing Kao’s replacement system despite state approval. They argue the new system is designed for the same maximum daily load as the old one, even though meter readings show the store has used more water on most days.