Vermont New York California — — — 125 Mountain Road 100 Park Avenue, Suite 1600 501 Broadway, Suite 800 Stowe, Vermont 05672 New York, New York 10017 San Diego, California 91201 +1 802 253 6272 (t) +1 212 486 3910 (t) +1 619 400 4966 (t) +1 802 253 6055 (f) +1 619 400 4810 (f)

VIA EMAIL: smcshane@stowevt.gov March 19, 2021 Sarah McShane Zoning Administrator Town of Stowe 67 Main Street PO Box 730 Stowe, VT 05672 Re: Appeal of Permit Z-6483 Dear Sarah: Attached please find the following:

1. Appellants Gail Rosenbloom and Samuel Landsman’s Notice of Appeal for Permit Z-6483.

2. Receipt for online payment of $240 to the Town of Stowe ($220 for Appeal fee and $20 for recording fee).

If you should have any questions, please feel free to contact me. Thank you. Sincerely, /s/Russell D. Barr Russell D. Barr RDB/kav Enclosures cc: Gail Rosenbloom and Samuel Landsman. (w/enclosures) Hal Stevens, Esq. (w/enclosures)

Town of Stowe DEVELOPMENT REVIEW BOARD

In the Matter of: Permit Z-6483 Construct Driveway Within 25’ Right-of-Way Over Parcel 11-128.000 to Serve Parcel 11-122.000

NOTICE OF APPEAL

Gail Rosenbloom and Samuel Landsman (collectively, “Appellants”) of 4175 Ste.

Catherin St. W. Apt. 1601, Westmount, QC H3Z 3C9, Canada, by and through their counsel,

Barr Law Group, pursuant to 24 V.S.A. § 4465 hereby appeal the Town of Stowe Zoning

Officer’s March 5, 2021 approval of Permit Z-6483, which authorizes Chris and Meredith Kerr

(collectively, “Applicants”) to “Construct Driveway Within 25’ Right-of-Way Over Parcel 11-

128.000 to Serve Parcel 11-122.000”. Appellants are the owners of 109 Hartson Road, which

abuts parcel 11-128.000 and are therefore “interested persons” within the meaning of 24 V.S.A.

§ 4465(b). This appeal is being made based upon Appellant’s belief that:

1. The proposed driveway and grading will alter existing drainage patterns in a manner to

cause an undue adverse impact on Appellant’s property. This is in contradiction to

section 3.12(2)e of the Town of Stowe Zoning Regulations.

2. Applicants do not possess a valid easement for parcel 11-122.000 to utilize Hartson Road

for ingress or egress. The zoning permit will overburden Hartson Road, a private road.

Under section 3.1(4) of the Town of Stowe Zoning Regulations, access should be limited

to the pre-existing access through Lower Sanborn Road. Parcels 11-122.000 and

11.128.000 were each a part of two separate subdivisions with their own access from

Route 108.

3. The permit is in violation of section 3.7(2)C.2 of the Town of Stowe Zoning Regulations

2

as the site plan will not re-enforce efficient traffic circulation or preserve such important

landscape features as open fields and scenic vistas and a well landscaped highway

corridor.

Accordingly, Appellants request that the Development Review Board revoke Permit Z-

6483 and deny Applicants application to “Construct Driveway Within 25’ Right-of-Way Over

Parcel 11-128.000 to Serve Parcel 11-122.000”.

Dated: March 19, 2021 Respectfully submitted, BARR LAW GROUP

By: /s/ Russell D. Barr Russell D. Barr, Esq. Scott L. Keyes, Esq. 125 Mountain Road Stowe, VT 05672 Phone: 802-253-6272 Email: russ@barrlaw.com scott@barrlaw.com Attorneys for Appellants

vermont.gov OTC PaymentProcessor , the Point-of-Sale Solution, powered by vermont.gov

PURCHASE RECEIPTTOWN OF STOWE67 Main Street Stowe VT 05672 (802)253-6133 townclerk@stowevt.gov OTC Local Ref ID: 56387810 3/19/2021 09:07 PM Town Clerk 67 Main Street PO Box 730Stowe, VT 05672 802-253-6133 Save Time Pay Online at townofstowevt.org Status: APPROVED

Customer Name: Russell D. BarrType: MasterCardCredit CardNumber: **** **** **** 7426

Items Qty TPEOrder ID

TotalAmount

Zoning Fees 1 48883686 $240.00

Purpose of application:: Appeal of PermitZ-6483

Total remitted tothe TOWN OFSTOWE

$240.00

Vermont totalamount charged $247.20

6.52'

OH

OH

PATRICIA POWELL DEL NEGROREVOCABLE TRUST

PLAT REF 1

STACEY A. RAMOS &DONALD J RAMOS, JR

GAIL ROSENBLOOM &SAMUEL LANDSMAN

15" HDPE

DUGWELL

HARTSON ROAD

EXISTING HOUSE

DECK

EXISTINGGRAVEL DRIVE

TO MOUNTAIN ROAD

DUGWELL

DUGWELL

DUGWELL

PUMPHOUSE

CLEANOUT

15" HDPETBM 50NAIL IN UTILITY POLEELEV=986.79

PORCH

1020

1019

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1016

1016

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977977

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1020

50' E

ASEMEN

T

SEE P

LAT

25' ACCESS

EASEMENT

SEE NOTE

9

KERR Parcel (PARCEL 9)8.25 acres

DOUGLAS EDACZKOWSKI

TALASKI, BEREZUK, VANSICLEN, AND MOELLER

SANBORN TRUSTPLAT REF 4

PARCEL 10

996

997

992993

994

991

988

989

986987

98698

4

983

985

THEODORE J. TEFFNERREVOCABLE TRUST &ELIZABETH J. TEFFNERREVOCABLE TRUST

GARY BEREZUK

Sheet Title

Project Title

Use of These Drawings

Scale:

Project Number:

Date:

Drawn By:

Project Engineer:

Approved By:

No. Description Date ByRevisions

478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495

802 879 6331 | WWW.TCEVT.COM

ENGINEERING SURVEY

No. 8104CIVIL

JOHN

P . P I T ROWI S K

I

STA

T E OF VE RMONT

PROF E S S I ONAL E NGI N

E ER

L I C E N S E D

Field Book:

1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory authorities. They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.

2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessary permits,and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.

3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.

4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.

5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive property. Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.

6. It is the User's responsibility to ensure this copy containsthe most current revisions.

PLANNING ENVIRONMENTAL

0Feet

Graphic Scale

30 60 90

15°±

VT

Grid

Mag

netic

PARCEL ID: 11-122.000

Existing Conditions

C1-01

01/18/2021

1" = 30'

20-361

RMP

AAD

  

357

Chris KerrParcel 9 Bassin Subdivision

Stowe, Vermont

EXISTING CONDITIONS NOTES:

1. THE PURPOSE OF THE EXISTING CONDITIONS PLAN IS TO DEPICT READILY APPARENT PERTINENT EXISTINGCONDITIONS AS OF JAN. 2021.

2. BEARINGS SHOWN ARE BASED UPON VERMONT GRID NORTH USING VTVRS CORS STATION.

3. VERTICAL DATUM IS BASED ON NAVD88 (GEIOD 12). A TRIMBLE R6 RTK GPS UNIT WAS EMPLOYED FOR THESEOBSERVATIONS.

4. COORDINATE SYSTEM IS BASED ON VERMONT STATE PLANE (U.S. SURVEY FEET).

5. THE LOCATION OF EXISTING UNDERGROUND UTILITIES AND IMPROVEMENTS SHOWN ARE BASED ON RESEARCH,UTILITY PLANS PROVIDED BY OTHERS, AND/OR SURFACE EVIDENCE ENCOUNTERED AND WERE OBTAINED IN AMANNER CONSISTENT WITH THE ORDINARY STANDARD OF PROFESSIONAL CARE AND HAVE NOT BEENINDEPENDENTLY VERIFIED BY THE OWNER OR THE DESIGN ENGINEER. ADDITIONAL UTILITIES NOT SHOWN MAYEXIST. ENGINEER SHALL BE NOTIFIED IF ANY DISCREPANCIES ARE ENCOUNTERED. ACTUAL LOCATION OFUNDERGROUND UTILITIES MAY VARY. DIGSAFE MUST BE CONTACTED PRIOR TO ANY EXCAVATION. CALL1-888-DIG SAFE (344-7233).

6. PERIMETER BOUNDARIES SHOWN HEREON STRICTLY FROM TAX MAP INFORMATION ONLY, THIS PLAN DOES NOTDEPICT A FORMAL BOUNDARY SURVEY, UNLESS NOTED AS SUCH.

7. OWNER OF RECORD: CHRIS KERR AND MEREDITH J. HUNTER

8. PARCEL SIZE: 8.25 ACRES

9. PER SHEET S1-01 PLAT - "IN v.686, p.278, THERE EXISTS A 25' RIGHT-OF-WAY FROM HARTSON ROAD THROUGH LOT3 (CURRENTLY OWNED BY RAMOS). THIS RIGHT-OF-WAY IS FOR THE PURPOSE OF INGRESS AND EGRESS, ACCESSROAD CONSTRUCTION AND MAINTENANCE, AND UNDERGROUND UTILITIES BENEFITTING PARCEL ID: 11-122.000)"

PROJECT LOCATION

3

65

4

1

7

2

7

5 6

3 4

1

2

PHOTO NUMBER & DIRECTION

LEGEND

PROPERTY LINE

TREE LINE

CLEANOUT (CO)

WATER SUPPLY WELL

UTILITY POLE

IRON PIPE

STEEL REBAR

BENCHMARK

OVERHEAD UTILITY

GRAVEL DRIVE OR ROAD

TOPOGRAPHIC CONTOURS

OUTLET OREND SECTION

988

OH

LEGEND NOTE:SOME INFORMATION MAY BE PROVIDED BY OTHERS AND COULD BESHOWN WITH A DIFFERENT SYMBOL NOT SHOWN ON THIS LEGEND.HOWEVER, THEY ARE LABELED ON RESPECTIVE PLANS. IN SOMECASES A CHANGE IN SCALE OR PRINTER CAN ALTER INFORMATIONTO NOT SHOW AN EXACT MATCH ON THIS LEGEND. IF ANYQUESTIONS EXIST CONTACT THE ENGINEER TO CLARIFY. ADDITIONALLEGEND INFORMATION IS SUPPLIED SEPARATELY ON EROSIONCONTROL PLANS AND SOME SURVEY PLATS.

ADJOINING PROPERTY LINE

EASEMENTS

Sheet Title

Project Title

Use of These Drawings

Scale:

Project Number:

Date:

Drawn By:

Project Engineer:

Approved By:

No. Description Date ByRevisions

478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495

802 879 6331 | WWW.TCEVT.COM

ENGINEERING SURVEY

No. 8104CIVIL

JOHN

P . P I T ROWI S K

I

STA

T E OF VE RMONT

PROF E S S I ONAL E NGI N

E ER

L I C E N S E D

Field Book:

1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory authorities. They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.

2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessary permits,and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.

3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.

4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.

5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive property. Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.

6. It is the User's responsibility to ensure this copy containsthe most current revisions.

PLANNING ENVIRONMENTAL

0Feet

Graphic Scale

10 20 30

 

Driveway Plan andProfile

C6-01

01/29/2021

Shown

20-361

RMP

AAD

  

 

Chris KerrParcel 9 Bassin Subdivision

Stowe, Vermont

1 02/16/21 RMPDriveway Location

PARCEL ID: 11-122.000

EXISTING

PROPERTY LINE

TREE LINE

WATER SUPPLY WELL

UTILITY POLE

IRON PIPE

STEEL REBAR

BENCHMARK

OVERHEAD UTILITY

GRAVEL DRIVE OR ROAD

TOPOGRAPHIC CONTOURS

OUTLET OREND SECTION

988

OH

ADJOINING PROPERTY LINE

EASEMENTS

LEGEND

PROPOSED

988

PAVED DRIVE OR ROAD

NOTES:1. OWNER/APPLICANT: CHRIS AND MEREDITH KERR

2. THE PURPOSE OF THIS PLAN IS TO PROVIDE DRIVEWAY DESIGN IN SUPPORT OF AN APPLICATION FOR A DRIVEWAY ENTRANCEPERMIT AND A DEVELOPMENT APPLICATION TO CONSTRUCT THE DRIVEWAY WITH THE EXISTING 25' ROW TO THE KERR PARCEL OFFOF HARTSON ROAD. NO ADDITIONAL DEVELOPMENT IS PROPOSED.

124.92'

S68°15'23"W

70.00'

S62°35'18"W

379.83'

S76°25'40"W

489.92'S06°40'50"E

155.09'

N62°35'18"E

258.22'

S44°29'25"E

159.54'

N60°41'28"E

210.54'

N60°51'02"E

215.75'

N59°13'49"E

650.39'

N52°19'27"W

87.45'

S32°10'22"E

25'

DUGWELL

DECK

DUGWELL

DUGWELLS

PUMPHOUSE

HOUSE

379.83'

S76°25'40"W

489.92'S06°40'50"E

155.09'

N62°35'18"E

258.22'

S44°29'25"E

159.54'

N60°41'28"E

210.54'

N60°51'02"E

215.75'

N59°13'49"E

650.39'

N52°19'27"W

87.45'

S32°10'22"E

24.96'

S31°57'42"E

74.77'

S32°18'51"E

114.01'S57°30'05"E

156.34'

S32°15'25"E

70.00'

S62°35'18"W

124.92'

S68°15'23"W

OH

50.00

'

v.110

2 p.17

2

v.686 p.278

TO FO

UND #5 REBAR

UP 0.4'

TO FOUND #5 REBAR

UP 1.2'

TO FOUND #4

REBAR DOWN 0.3'

YELLOW CAP "TOWNE"

SEE NOTE #8

SEE N

OTES

#10,11

S57°49'38"W

75.00'

S32°10'22"E

50.00'

S57°49'38"W

135.00'

N32°16'02"W

149.10'

6.52'

0Feet

Graphic Scale

50 100 150

15°±

VT

Grid

Mag

netic

This

plat

was

cre

ated

usin

g pi

gmen

t bas

ed in

k on

stab

le m

edia

DescriptionRevisions ByDate# 478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495 802 879 6331 | WWW.TCEVT.COM

TRUDELL CONSULTING ENGINEERS

Date:

Scale:

Drawn By: Crd file:

Sheet:Surveyed By:

S TAT

E OF VERMONT

LA

N

D

S U R V E

YO

R

L I CE N E DS

GERALDM.

STOCKMANNo. 109298

Field Bk:

Project #:

HARTSON ROAD

NOTES:

1. THIS PLAT IS BASED ON DEEDS RESEARCHED IN THE TOWN OFSTOWE LAND RECORDS AND FEATURES LOCATED IN THE FIELDWITH A TOTAL STATION ON 01/12/2021.

2. VERMONT STATE PLANE GRID NORTH ESTABLISHED WITH RTKOBSERVATIONS FROM VERMONT VRS CORS STATION.

3. THIS PARCEL WAS CONVEYED TO CHRIS KERR & MEREDITH J.HUNTER IN VOLUME 1102 PAGE 172. PLAT REFERENCE #1.

4. REBARS SET ARE NO. 5 REINFORCING BARS WITH ALUMINUM CAPSSTAMPED "TCE LAND SURVEYING, LLS 109298".

5. DISTANCES ARE SHOWN TO THE HUNDREDTH OF A FOOT ANDBEARINGS ARE SHOWN TO THE SECOND FOR MATHEMATICALCLOSURE PURPOSES ONLY.

6. AN ATTEMPT HAS BEEN MADE TO IDENTIFY OR DELINEATEEASEMENTS, RIGHTS OF WAY, LEASE LANDS, ENCROACHMENTS,ETC. OBSERVED IN THE FIELD OR READILY FOUND IN THE LANDRECORDS. ADDITIONAL ENCUMBRANCES MAY EXIST WHICH ARENOT SHOWN ON THIS PLAT.

7. UNDERGROUND UTILITY LINES SHOWN ARE BASED ON ABOVEGROUND STRUCTURES AND PLANS OF RECORD. ACTUALLOCATION OF UNDERGROUND LINES MAY VARY.

8. IN v. 686 p. 278, THERE EXISTS A 25' WIDE RIGHT-OF-WAY FROMHARTSON ROAD THROUGH LOT 3 (CURRENTLY OWNED BYRAMOS). THIS RIGHT-OF WAY IS FOR THE PURPOSE OF INGRESSAND EGRESS, ACCESS ROAD CONSTRUCTION ANDMAINTENANCE, AND UNDERGROUND UTILITIES. BENEFITINGPARCEL ID: 11-122.000. THIS RIGHT OF WAY IS LOCATED NOFURTHER THAN 45' FROM THE WESTERLY PROPERTY LINE OF LOT 3AND CENTERED ON THE AS BUILT ACCESS ROAD.

9. IN v.915 p.333, THERE EXISTS AN EASEMENT AND RIGHT-OF-WAYFOR ACCESS AND UTILITY PURPOSES OVER AND UPON KNOWNAS HARTSON ROAD. BENEFITING PARCEL ID: 11-122.000.

10. IN v.1102 p.172, THERE EXISTS A RIGHT-OF-WAY IN COMMONOVER AN EXISTING ROADWAY (AS SHOWN ON MAP REF. #2),FORACCESS AND UTILITIES. (THIS ROADWAY IS WEST OF THE SUBJECTPARCEL). BENEFITING PARCEL ID: 11-122.000.

11. IN v.1102 p.172, THERE EXISTS A 50' WIDE RIGHT-OF-WAY (ASSHOWN ON MAP REF. #1),FOR ACCESS AND UTILITIES. BENEFITINGPARCEL ID: 11-122.000.

PLAT REFERENCES:

1. "FOUR LOT SUBDIVISION PARCELS 4, 6, 7 & 8 LAND OF JACK &CATHERINE BASSIN, LOWER SANBORN ROAD, STOWE,LAMOILLE COUNTY, VERMONT", DATED JULY 1996, BY LITTLERIVER SURVEY COMPANY, AND RECORDED AS MAP BOOK 11PAGE 16 IN THE STOWE LAND RECORDS.

2. "SUBDIVISION OF JACK & CATHERINE BASSIN PROPERTY,STOWE, VERMONT", LAST REVISED DATE 02/25/87, BY SHIRETOWN ENGINEERING, AND RECORDED AS MAP BOOK 5PAGE 143, IN THE STOWE LAND RECORDS.

3. "SUBDIVISION PROPERTY OF LOUIS AND ANNA DANIGELIS,STOWE, VERMONT", LAST REVISED DATE 08/29/68, BY URIE ANDMORSE,CONSTRUCTION ENGINNEERS, AND RECORDED ASMAP #D-9 IN THE STOWE LAND RECORDS.

4. "PROPERTY OF JOAN K. RODGER, EDSON HILL, STOWE, VT ",DATED NOVEMBER 1980, BY R. C. KELLER AND RECORDED ASMAP BOOK 3 PAGE 108 IN THE STOWE LAND RECORDS.

5. "BASSIN TO TEFFNER LOT 1, STOWE, VT" DATED JANUARY,1996,BY GLENN TOWNE AND RECORDED AS MAP BOOK 10 PAGE118 IN THE STOWE LAND RECORDS.

THIS PLAT IS BASED ON A FIELD SURVEY WHICH MEETS OR EXCEEDS THEMINIMUM STANDARDS AS SET FORTH BY THE VERMONT BOARD OF LANDSURVEYORS. FIELD EVIDENCE, PERTINENT RECORD INFORMATION, ANDPAROLE EVIDENCE WAS USED IN THE CALCULATION AND DETERMINATIONOF THE BOUNDARIES SHOWN ON THIS PLAT. ANY INCONSISTENCIES ARESHOWN HEREON TO THE BEST OF MY KNOWLEDGE. THIS PLAT MEETS THEREQUIREMENTS OF 27 VSA 1403.

GERALD M. STOCKMAN, L.S. #109298 _________________________________

Chris Kerr & Meredith J. HunterParcel ID# 11-122.000

Parcel 9 Bassin SubdivisionStowe, Vermont

Plat of Lands of

SEE NOTE #9

BGP/DBM

01-19-2021

1"=50'

BGP 20-361.CRD

357 S1-0120-361

Parcel ID: 11-122.000v. 1102 p.172

8.25 acres

Parcel ID: 11-128.000Stacey A. Ramos &Donald J. Ramos, Jr.

v. 863 p. 43plat ref. 3 (lot 3)

Parcel ID: 11-124.000Gail Rosenbloom &Samuel Landsman

v. 932 p. 339 &v. 893 p. 291

plat ref. 3

Parcel ID: 11-127.050Gary Berezukv. 358 p. 13

plat ref. 3(lot 5)

Parcel ID: 11-127.070Alex Talaskov. 358 p. 17

plat ref. 3(lot 7)

Parcel ID: 11-077.000Sanborn Trustv. 868 p. 101

plat ref. 4

Parcel ID: 11-100.060JAVF US Holdings, LLC

v. 1002 p. 256plat ref. 1

Parcel ID: 11-100.080Patricia Powell Del Negro

Revocable Trustv. 491 p. 118

plat ref. 1

Parcel ID: 11-121.000Theodore J. Teffner Revocable Trust &

Elizabeth J. Teffner Revocable Trustv. 598 p. 123

plat ref. 5

OVERHEAD UTILITY LINE

REINFORCING BAR ( FOUND )

REBAR ( TO BE SET )

OH

LEGEND

EXISTING BOUNDARY LINE

EASEMENTS

ADJOINING PROPERTY LINE

STOWE TOWN CLERK'S OFFICERECEIVED FOR RECORD

_______________________________________A.D. 201______at ______________ O'clock _____________ minutes ____ mand recorded in Map Slide___________________________Attest: ___________________________________ Town Clerk

#5 UP 0.8'

#5 UP 1.1'

#5 UP 1.4'

#4 UP 1.0YELLOW CAP

"TOWNE"

#4 DOWN 0.1'YELLOW CAP"TOWNE"

#5 UP 1.4'

#5 UP 2.4'RED CAP"LRSC 608"

#5 UP 0.4'REBAR OF UNDETERMINED

ORIGIN IS OFF LINE23.04' S37°40'33"W

BARB WIRE FENCEREMNANTS FOUND

ALONG THIS LINE

BARB WIRE FENCEREMNANTS FOUND

ALONG THIS LINE

PROJECT LOCATION