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Notice of Appeal: Environmental Division of the Superior Court 

Published April 21, 2021 at 10:00 a.m. | Updated April 23, 2021 at 4:35 p.m.

To: Environmental Division of the Superior Court
From: Douglas Fletcher, 590 Arnold Bay RD, Vergennes VT 05491

To Whom It May Concern:

We are appealing the Shoreland Protection Permit Decision Number 3326-SP. Our ability to appeal as an interested party is described under 24 V.S.A. §4465(b)(3). The substance of our appeal is based on our comments that were submitted during the public comment period. The decision was made by Peter Walke, Commissioner of the Department of Natural Resources, and signed by Misha Cetner, Environmental Analyst, Lakes and Ponds Management and Protection Program, Watershed Management Division on his behalf.

The property for which Shoreland Protection Individual Permit Number 3326-SP was granted is Parcel SPAN 228-073-11070 with a physical address of 588 Arnold Bay Road, Ferrisburgh VT. The permit applicants were Kristin and Andrew Shamis of Shelburne Vt. Part of this property lies within the shoreland protection zone of Lake Champlain.

The issue in question is not with the building site work in the shoreland zone, but with the accepted claim of 6900 ft2 of existing, cleared, impervious surface that was made by the applicants in their permit application. This surface is neither cleared nor impervious. As we stated in our concerns, we believe that a site visit now that the ground is no longer frozen is the easiest way to resolve this aspect of our concern. However, there are also three additional factual errors in the permit application that were not addressed in the decision. With this appeal, we request that the permit be amended to state that there is no existing cleared or impervious area on this property, because that is an accurate description of their shoreland condition. Our specific objections regarding the inaccuracies about the claim of 6900 ft2 of existing, cleared, impervious surface are explained on the following pages.

Thank you for your attention in this matter and please contact me if you have any questions.

Douglas G. Fletcher

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