TOWN OF BOLTON
DEVELOPMENT REVIEW BOARD
FINDINGS OF FACT AND NOTICE OF DECISION
Appeal of Zoning Permit ZP04-21 and Sewage Disposal System Permit WW04-05
This is the Findings of Fact, Conclusions, and Notice of Decision of the Bolton Development Review Board (“DRB”) approving zoning permit ZP04-21, and sewage disposal system permit WW04-08 submitted by Matthew Johnson (“applicant”). In this proceeding, the adjoining property owner Anthony Barbagallo, 1519 Notch Road , Bolton , VT appealed the administrative decision of the Bolton Zoning Administrator. The appeal is of a zoning permit ZP04-21 and a waste water treatment permit WW04-05. Bolton regulations do not allow a adjoining property owner to appeal a wastewater permit so the adjoining property owner appealed ZP04-21 and WW04-05 (WW04-05 was voided on 08/17/04).
The applicant Matthew Johnson of 3 Kiln Road Essex Junction, Vermont currently holds building permit ZP04-21 for the construction of a single family dwelling and a sewage disposal system (WW04-08) on his property located at 1431 Notch Road, Bolton. The property in the Rural II zoning district and the tax map Parcel ID is #05-022.000.
A public hearing was convened on September 15, 2004. A warning ran in the Burlington Free Press on Tuesday, August 31, 2004.
Findings of Fact and Conclusions of Law:
1. The DRB unanimously decided to sustain permits ZP04-21 issued on July 13, 2004 and WW04-08 issued on August 10, 2004. Both permits were issued by Richard Ward, the Zoning Administrator for the Town of Bolton.
2. The DRB noted that the building permit ZP04-21 met all required setbacks and current regulations.
3. The DRB also noted that WW04-08 was stamped by a Vermont State Certified Civil Engineer, and approved by a second Vermont State Certified Civil Engineer and is in compliance with 2002 Vermont Environmental Protection rules.
Notice of Decision:
Based on the forgoing Findings of Fact and Conclusions of Law, the DRB hereby supports the decision of the administrative officer.
Approval shall become effective when this decision has been signed by the chairman of the Bolton Development Review Board who participated in the final decision. Beginning the effective dated of the decision, there is a 30-day period during which parties may appeal this decision to the Vermont Environmental Court.
Date: .
Robert Heimbuch, Chairman