RE: Derby Plaza Associates Limited Partnership, Nelson Farms, Inc., Omer Choquette, and Carl, Norma, and Earl Hackett, Application #7R0886-EB, Memorandum of Decision March 30, 1994 VERMONT ENVIRONMENTAL BOARD 10 V.S.A. Chapter 151 Re: Derby Plaza Associates Limited Partnership, Nelson Farms, Inc., Omer Choquette, and Carl, Norma, and Earl Hackett Application #7R0886-EB MEMORANDUM OF DECISION This decision pertains to a motion to alter filed with respect to the dismissal of an appeal. The appeal concerned a permit issued for a retail shopping center to be located in the Village of Derby Center and to be known as the Derby Plaza. On February 25, 1994, the Environmental Board issued a memorandum of decision dismissing the appeal, which had been filed by Ames Department Store and Shop & Save, Inc. (the Appellants). That decision is incorporated by reference. On March 28, 1994, the Appellants filed a motion to alter. The Board reviewed, and deliberated on, the Appellants' motion during its meeting of March 29, 1994. This meeting already had been scheduled so that the Board could deliberate on other matters. The Board denies the Appellants' motion. In making its February 25 decision, the Board carefully considered all matters raised by the Appellants prior to the date of that decision, and believes the decision to be sound for the reasons stated therein. Dated at Montpelier, Vermont this 30th day of March, 1994. ENVIRONMENTAL BOARD /S/ Robert Opel _________________________ Robert Opel, Acting Chair Rebecca Day* Lixi Fortna Arthur Gibb William Martinez Steve E. Wright *Alternate member Day and member Samuel Lloyd participated in the February 25 decision but were not present for the deliberation on March 29. Member Day received a copy of the Appellants' motion by facsimile transmission, reviewed it, and concurs in today's decision. Member Lloyd was not similarly available. derby2.mem(awp15) c:\pah\decision\derby2.mod a:\derby2.mod (decision disk)