In Re Dunkin Donuts S.P. Approval

¶ 1. Damartin Quadros appeals the Environmental Court’s ruling that he must file a motion under Vermont Rule of Civil Procedure 60(b) before the court will consider his *584proposed addition of a drive-through window to a Dunkin Donuts restaurant and retail store at 47-51 Berlin Street in Montpelier, Vermont. We reverse.

¶2. The facts which follow are undisputed. In 2001, Quadros applied to the Montpelier Planning Commission to replace a building at 47-51 Berlin Street with a Dunkin Donuts restaurant and retad store, including a drive-through window. The Planning Commission denied this application…