Legal Action Emerges Against South Burlington Bagel Shop Over Smoke Complaints

 A local bakery is facing a lawsuit concerning smoke and odors linked to its wood-fired oven.

 A local bakery, Myer’s Bagels, is facing a lawsuit concerning smoke and odors linked to its wood-fired oven. The establishment relocated to Shelburne Road in 2023, aiming to bring fresh bagels to the community, but the decision has sparked discontent among some neighbors.

Robert Payson and Kathy Brunette, who reside behind the bakery, expressed their displeasure over smoke infiltration into their yard and home, claiming it caused discomfort and left behind an unpleasant smell. They formally submitted their grievances to the city of South Burlington in 2024.

In an effort to address these concerns and comply with local regulations, the bakery's owner, Adam Jones, installed a system intended to minimize smoke emissions. Although this measure was taken, the couple continued to voice their complaints. Consequently, the city engaged a consultant to perform an air quality evaluation, confirming that Myer’s Bagels adhered to the required standards.

In late 2024, the couple proceeded to file a lawsuit against the bakery, citing nuisance, trespass, and negligence. However, a Superior Court judge dismissed the claims related to trespassing and negligence, leading to the current mediation sessions between Jones and the couple. Jones reported that the ongoing disputes and attempts to resolve the matter have accrued significant expenses, exceeding $12,000.

While other neighbors acknowledge the presence of smoke, they do not find it bothersome and sympathize with Payson and Brunette’s situation. One neighbor noted that the smoke's impact varies with the time of day and wind direction.

As he continues to operate the bakery, Jones remains optimistic about finding a middle ground with the couple and emphasized his commitment to resolving the situation. He indicated that the couple's legal representative has proposed further expensive upgrades to mitigate the smoke issues.