                                            State of Vermont
                                 Superior Court—Environmental Division

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                   ENTRY REGARDING MOTION
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In re Chelsea Sand Pile Conditional Use Permit,                            Docket No. 89-7-12 Vtec
(Appeal from Town of Chelsea DRB approval)

Title: Order in Response to Parties’ Settlement Stipulation (Filing No. 4)
Stipulation filed October 23, 2013




    Granted                                Denied                      X Other

        This matter had been scheduled for a trial, beginning on October 23, 2013. Prior to trial,
the parties advised that they had reached an agreement on how the proposed project may be
modified so as to allay the concerns expressed by Appellants and Interested Persons. The
parties’ agreement envisions that further investigation and possibly engineering services would
be needed to complete the investigation of the modifications. In light of this, the parties
requested in their Settlement Stipulation that the Court continue the matter and any needed
trial until after January 1, 2015.
        The Court then held a telephone conference on October 28, 2013 to thank the parties for
their efforts at reaching a settlement, but expressed concerns about the length of the suggested
continuance. Based upon the Court’s expressed concerns, and with agreement of the parties
attending the October 28 conference, we do hereby DISMISS this appeal, without prejudice to
any party petitioning to reinstate this appeal if the terms and expectations of the parties’
Settlement Stipulation are not met, PROVIDED HOWEVER that any such petition to reinstate
the appeal shall be filed no later than Friday, January 30, 2015.




_________________________________________                                        November 20, 2013
       Thomas S. Durkin, Judge                                                       Date
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Date copies sent: ____________                                             Clerk's Initials: _______
Copies sent to:
  Attorney Jeffrey P. Guevin for Appellants Steven and Millicent Knudsen
  Attorney Peter M. Nowlan for Cross Appellant/Applicant Town of Chelsea
  Caleb Rick, on behalf of Interested Person Petitioner Group of 10
