State of Vermont Superior Court Docket No. 23-Env-00004 Environmental Unit | Notice to Creditors | Seven Days | Vermont's Independent Voice

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State of Vermont Superior Court Docket No. 23-Env-00004 Environmental Unit 

Published January 25, 2023 at 10:00 a.m.

In re: Colchester Administrative Decision 218 Lower Mountain View Drive

NOTICE OF APPEAL

NOW COMES Appellant and Interested Party R.L. Vallee, Inc. (an abutter to the project and recognized interested person and party) by and through its counsel and by and through their counsel, MSK Attorneys, and hereby appeals, pursuant to 24 V.S.A. §4471 and 10 V.S.A. Ch. 220 to the Vermont Superior Court, Environmental Division, the Town of Colchester Development Review Board's Decision dated December 23, 2022 attached hereto. This decision is a companion decision to the Act 250 Jurisdictional Appeal currently on appeal by Costco to this Court in Docket No. 22-ENV-00084.

The property subject to this appeal is located at 218 Lower Mountain View Drive in Colchester, Vermont. Vallee owns property that abuts this property and is affected by this decision. Vallee's property access is blocked, and/or partially blocked by traffic generated by Costco from its use of 218 Lower Mountain View Drive. The decision affects and concerns the generation of traffic and therefore affects Vallee's interests, protected by zoning regulations, in safe ingress and egress and the prevention or reduction in undue and adverse traffic conditions. Appellant participated in the Development Review Board Proceedings and thus Appellant have a right to appeal pursuant to 24 V.S.A. §4471 and 24 V.S.A. §4464 and 10 V.S.A. §8504.

TO ALL INTERESTED PERSONS: In order to participate in this appeal, you must enter an appearance in the Vermont Environmental Court within twenty-one (21) days of receiving this Notice of Appeal. Notices of Appearance should be mailed to Jennifer Teske, Court Office Manager, Vermont Superior Court—Environmental Division, 32 Cherry Street, Suite 303, Burlington, VT 05401.

Respectfully submitted this 17th day of January, 2023.

MSK ATTORNEYS

By: /s/ A.J. LaRosa, Esq.
Alexander LaRosa, Esq., ERN 5814
275 College Street, PO Box 4485
Burlington, VT 05406-4485
Phone: 802-861-7000
Email: ajlarosa@mskvt.com

Attorneys for R.L. Vallee, Inc.

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