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Home My WebLink AboutMP-18-01 - Supplemental - 1505 Dorset Street (5) 275 COLLEGE STREET, PO BOX 4485 BURLINGTON, VT 05406-4485 PHONE 802 861-7000 FAX 861-7007 MSKVT.COM December 17, 2018 VIA ELECTRONIC MAIL Mr. Bill Miller, Chair South Burlington Development Review Board City of South Burlington 575 Dorset Street South Burlington, VT 05403 C/o Mr. Paul Conner, Director of Planning & Zoning Email: pconner@sburl.com Re: 1505 Dorset Street, Master Plan Application No. MP-18-01 and Preliminary Plat Application No. SD-18-29 Dear Chairperson Miller: I serve as counsel for Tom and Donna Anfuso, 695 Nowland Farm Road; Robert Brinckerhoff and Louise Hammond, 15 Shea Drive; Andrew Chalnick, 670 Nowland Farm Road; Rosanne Greco and Higley Harmon, 63 Four Sisters Road; William and Kathy Hays, 51 Old Schoolhouse Road; Noah Hyman, 1575 Dorset Street; Claudia J. Miller, 48 Old Schoolhouse Road; Steven and Dunia Partilo, 64 Shea Drive; and Darrilyn Peters, 37 Old Schoolhouse Road, all of whom are South Burlington residents as well as persons interested in the above-referenced Applications (collectively, “Save Open Spaces South Burlington” or “SOS South Burlington”). This letter is a follow-up to my letter of December 13, 2018. In my December 13th letter, I requested that the DRB postpone the hearing scheduled for December 18, 2018 concerning Master Plan Application No. MP-18-01 and Preliminary Plat Application No. SD-18-29 (collectively, the “PP/MP Applications”), because SOS South Burlington was considering an appeal to the Vermont Superior Court – Environmental Division (the “E-Court”) of the DRB’s December 5, 2018 Decision in #AO-18-01 (the “December 5th Decision”). I am now authorized to state that SOS South Burlington will appeal the December 5th Decision to the E-Court by the January 4, 2019 deadline. Accordingly, I respectfully renew my December 13th request that the DRB postpone the December 18th DRB hearing concerning the PP/MP Applications. In addition, I request that the December 18th hearing not be rescheduled until after the upcoming E-Court appeal of the December 5th Decision is resolved. SOS South Burlington hopes the applicant will join in this postponement request, as it would a waste of everyone’s time and resources to proceed before the DRB now if, as SOS South Burlington maintains, the DRB’s lack of a formal vote and final decision on Sketch Plan Application No. SD-18-23 renders the PP/MP Applications premature, unripe, invalid, null and Letter to DRB Chairperson Bill Miller December 17, 2018 Page 2 of 2 275 College Street, PO Box 4485 | Burlington, VT 05406-4485 | phone 802 861-7000 | Fax 861-7007 | mskvt.com void, and of no force or effect. But even if the applicant does not join in the requested postponement, SOS South Burlington submits that a postponement still makes the most logical and practical sense. Finally, if the December 18th DRB hearing on the PP/MP Applications proceeds as scheduled, any participation in that hearing by SOS South Burlington members and their representatives will be under protest and without prejudice, as SOS South Burlington continues to maintain respectfully that the DRB lacks jurisdiction to consider the PP/MP Applications. Thanks in advance for your consideration, and happy holidays. Respectfully submitted, /s/ Daniel A. Seff Daniel A. Seff cc: Mr. Paul Conner, Planning and Zoning Director (via e-mail) Ms. Dalila Hall, Zoning Administrative Officer (via e-mail) Ms. Marla Keene, Development Review Planner (via e-mail) Robert H. Rushford, Esq. (via e-mail) Save Open Spaces South Burlington (via e-mail)