Town of Bolton
Development Review Board
2712 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
In re: Bolton Valley Ski Area/Vista Lift Project
Application:
Request for Conditional Use Approval
Mountain Operations and Development, LLC (dba Bolton Valley Resort)
Robert Fries, Agent
4302 Bolton Valley Access Road
Bolton Valley, VT 05477
Project Description:
(Application file, site plans on file in the Bolton Town Office)
660+/- Acre parcel [Tax Map #7, Block 3004250] – Bolton Valley Ski Area
Zoning Districts: Resort Village, Forest, Conservation Districts
Use: Alpine Ski Facility
· Replace the existing Vista Chairlift, including lift line and terminal relocation
· Terminus preparations
· Terrain modifications
· Addition of two new ski trails (one glade trail)
· Lighting for night skiing
· Snowmaking installation
Development Review Board Decision:
(See attached findings and conclusions)
Denied
Approved
X Approved with Conditions:
1. As required (under Section 5.4) to avoid skier parking within the Bolton Valley Access Road right-of-way, the applicant will 1) erect signs, approved by the town, providing notice that parking is prohibited within the road right-of-way, 2) patrol parking areas and the Bolton Valley Access Road to redirect skiers to available parking spaces, 3) require employees, on anticipated peak skier days, to park at designated satellite parking areas (e.g., Sugar Shack, Timberline) and 4) meet with the Bolton Select Board and Road Commissioner to resolve any recurring parking problems.
2. The DRB reserves the right to require the submission of a parking plan in the event that parking continues to be a problem along the Bolton Valley Access Road, or to approve any future development that will result in the need for more than the 788 existing, documented on-site parking spaces at the resort. The parking plan may include provisions for permanent, overflow and/or off-site parking with shuttle service.
3. As required (within the Conservation District and under Section 5.4) to protect and preserve identified critical wildlife habitat (Bicknell’s Thrush nesting areas), the applicant will delay the start of ski trail and glade construction within identified nesting areas (above 3,020 feet msl) until August 7th, and place an additional 6+/- acres of habitat area, as shown on the submitted ”Bolton Valley - Bicknell Thrush Conservation Easement,” under permanent conservation easement. Copies of the easement shall be submitted to the Bolton Conservation Commission and the Zoning Administrator within six months of the date of this approval.
4. As required (under Sections 3.16 and 5.4) for stormwater management and erosion control, and to develop on steep (>15%) and very steep (>25%) slopes, the applicant will adhere to the submitted stormwater management and erosion control plan – “Bolton Valley 2005 Construction Project: Site Clearing, Earthwork, and Erosion Prevention & Sediment Control, Vista Lift Replacement, Terminal Preparation, New Terrain and Snowmaking Installation (SE Group, May 23, 2005), and as depicted on sheets MC-1, MC-2 and MC-3). No development other than ski lifts, lift terminals, and ski trails are permitted on slopes in excess of 25%.
5. As required (under Sections 3.17 and 5.4) to protect surface waters and wetlands, the applicant will maintain 50-foot buffers around all identified surface waters and wetlands, within which only cutting for winter ski trails and the installation of bridge abutments and lift towers, where necessary, is permitted. No filling or dredging shall occur within wetland areas.
6. As required (under Sections 3.12 and 5.4) to prevent nuisances to adjoining properties, the applicant will notify adjoining property owners, by mail or through posting in visible, public locations, of scheduled blasting during project construction and, during normal operation of the ski area, will adhere to performance standards under Section 3.12 of the Bolton Land Use & Development Regulations.
7. As required (under Sections 3.9 and 5.4) to minimize the adverse affects of outdoor lighting associated with nighttime skiing, the applicant will install energy-saving light fixtures along trails as described in submitted materials (shielded, 500 watt, metal halide, fixtures mounted on 30 foot poles) and as designated on the site plan (MC-1). Lighting fixtures shall be directed downward to illuminate only the ski trail, and shall be turned off within one hour of the end of scheduled night skiing (10:00 PM under normal operation), except for occasional special events or skier emergencies.
8. All state permits shall be obtained prior to the issuance of a municipal zoning permit for this project by the Zoning Administrator.
9. As required for development within the Resort Village and Resort Residential Districts, any future subdivision or expansion of facilities within the Bolton Valley Resort shall require the submission of a master plan (or expansion plan) for approval as a planned unit development.
Approved with conditions (5-0) by the Bolton Development Review Board:
Jerry Chabot (Alternate) Ken Richardson – Yea
Sharon Murray – Yea Margot Pender – Yea
Mike Rainville – Yea Susan Vita – Yea
Signed: ______________________________________
Sharon Murray, Chair
Bolton Development Review Board
Date: ____________________
In accordance with 24 V.S.A. §4471, this decision may be appealed to the Vermont Environmental Court within 30 days of the date of issuance by the applicant, or by any other interested person having participated in these proceedings. A notice of appeal must be filed with the court within the 30-day appeal period. Failure to appeal shall bind the applicant, and all interest persons affected by this decision.
Application Review Schedule:
(Hearing notice, minutes on file at the Bolton Town Office)
An application for conditional use review from the applicant was received by the Town of Bolton on June 9, 2005 and referred to the Bolton Development Review Board (DRB).
The required public hearing was warned on June 10, 2005 in accordance with Section 9.8(D)(1) of the Bolton Land Use & Development Regulations and 24 V.S.A. §4464, by publication in the Burlington Free Press, posting on the property, at the Bolton Town Office, the Bolton Store, and the Jonesville Post Office, and by mailing the hearing notice and information regarding interested person status and hearing participation requirements to all adjoining landowners.
The DRB public hearing was convened on June 29, 2005, 6:20 pm at the Smiley School to consider the application, and was recessed pending the submission of additional information from the applicant. The hearing was immediately followed by a deliberative session of the DRB to review application materials.
A letter of request for additional information from the Development Review Board was mailed and faxed to the applicant on June 30, 2005.
The DRB Chair contacted the VT Dept. of Fish & Wildlife regarding recommended measures to mitigate potential impacts to Bicknell’s Thrush nesting areas within the project area, as identified from application materials. An e-mail response was received from Everett Marshall, Biologist/Information Manager, on July 1, 2005.
The DRB received a letter from the Town of Bolton, dated July 6, 2005, regarding skier parking on the Bolton Valley Access Road, for consideration during the hearing process.
The public hearing was reconvened on July 6, 2005, 7:12 pm at the Bolton Town Office, and was formally adjourned following the receipt and review of the letter from the town, information from the VT Department of Fish & Wildlife, and additional information from the applicant.
A deliberative session was held during a regular meeting of the DRB on July 20, 2005 to consider the application, the following findings and conclusions, and the draft decision.
The written DRB decision was issued on July 21, 2005.
Findings & Conclusions
This request for conditional use approval was reviewed by the Bolton Development Review Board for conformance with applicable provisions of the Bolton Land Use and Development Regulations (BLUDR), as adopted January 5, 2005, including Section 5.4 (Conditional Use Review) and, as related, Zoning District Tables 2.2, 2.6 and 2.7 (Resort Recreation, Forest, Conservation Districts), Section 3.9 (Outdoor Lighting), Section 3.12 (Performance Standards), Section 3.16 (Steep Slopes) and Section 3.17 (Surface Waters). Board findings and conclusions relating to each of the conditional use criteria are indicated as follows.
The capacity of existing or planned community services or facilities. The proposed project will have no undue adverse effect on municipal services and facilities.
1. According to information submitted by the applicant, the proposed project will be served by the Bolton Fire Department. The municipality does not provide police protection, rescue or solid waste disposal service. Richmond Rescue, the Vermont State Police, and private waste disposal companies provide these services. [Act 250 Municipal Impact Questionnaire].
2. The Town of Bolton has indicated that it has the capacity to provide fire protection and road maintenance services, and that the project will not create burdens which are disproportionate to the taxes to be paid to the municipality. [Act 250 Municipal Impact Questionnaire].
3. The School Superintendent has indicated that no impacts are anticipated to the Smilie Elementary School, nor to the middle school or high schools attended by Bolton students. [Act 250 School Impact Questionnaire].
4. Bolton Valley is served by a separate water supply and wastewater system. No additional water withdrawals from Joiner Brook for snowmaking are proposed. Current withdrawal rates are monitored by an outside firm, and reported directly to the Vermont Agency of Natural Resources for compliance. [July 6, 2005 submittals; Hearing Minutes].
The character of the area affected. The proposed project is compatible with the existing and planned character of the area and, with proposed mitigation measures, will have no undue adverse effect on environmentally sensitive areas identified within the project area.
5. The proposed project is within the existing alpine ski area owned and operated by Bolton Valley Resort. This area includes existing ski lifts, trail networks, access roads and related facilities. This area also includes steep (>15%) and very steep (>25%) slopes, surface waters (including Class A waters), wetlands, high elevations (>2,500 ft above msl), and significant wildlife habitat (Bicknell’s Thrush nesting areas). [Site Maps].
6. The proposed project extends across three zoning districts (Resort Village, Forest, Conservation) and is consistent with the stated purposes and allowed uses within each district [Site Maps]:
Resort Village District: “… to allow for coordinated, well planned, higher density development, including a mix of recreational, commercial, and multi-family residential uses within a compact village setting, in a manner that supports the development of the ski resort as a year-round destination while protecting significant natural features and environmentally sensitive areas.” [BLUDR, Table 2.2]
Forest District: “… to protect Bolton’s more remote and inaccessible forested upland areas from fragmentation, development, and undue environmental disturbance, while allowing for the continuation of traditional uses such as forestry, outdoor recreation and compatible low density development.” [BLUDR, Table 2.6]
Conservation District: “… to protect Bolton’s generally remote and inaccessible mountainous areas – which include significant headwaters and aquifer recharge areas, unique and fragile natural areas, critical wildlife habitat, and mountainsides and ridges characterized by shallow soils and steep slopes – from fragmentation, development and undue environmental disturbance, while allowing for the continuation of traditional uses such as forestry and outdoor recreations. [BLUDR, Table 2.7]
7. The applicant has proposed the following mitigation measures to protect environmentally sensitive areas:
Steep Slopes – A stormwater management and erosion control plan specific to ski area development, prepared by a licensed engineer, was submitted (see “Bolton Valley 2005 Construction Project: Site Clearing, Earthwork, and Erosion Prevention and Sediment Control” prepared by the SE Group, Burlington, VT dated 5/23/05).
Critical Wildlife Habitat – The project will involve permanently impacting approximately 2.5 acres of dense spruce-fir above 3,020 feet msl, which is considered critical Bicknell’s Thrush nesting habitat, and the proposed re-vegetation of up to 0.55 acres of habitat. A mitigation plan has been negotiated with VT Agency of Natural Resources, to include limits on the period of trail clearing and construction (after August 7th or before May 15th); and the set aside of an additional (6+/- acres) of habitat under a conservation easement. [See Bicknell Thrush Conservation Easement Map; July 6, 2005 submittals; correspondence from Everertt Marshall, VT Fish & Wildlife Department, dated 7/1/05].
Surface Waters & Wetlands – Required buffer areas have been shown around affected wetland areas and surface waters in accordance with Section 3.17 of the Bolton Land Use & Development Regulations. Within wetland buffers, vegetation will be cut to allow for winter skiing (allowed as an unpaved recreational path), but no draining, filling or other encroachments are proposed. In addition, a National Pollution Discharge Elimination System (NPDES) permit is required from the state as the result of discharge into Class A waters. [Site Maps (MC1, MC-2, MC-3); July 6, 2005 submittals, Hearing Minutes].
Traffic on roads and highways in the vicinity. The project, with proposed mitigation measures intended to remediate existing and avoid potential parking within the travel way of the Bolton Valley Access Road, will have no undue adverse effect on traffic or roads in the vicinity of the project.
8. According to information submitted by the Town of Bolton, there is an ongoing problem with skier parking within the travel way of the Bolton Valley Access Road. [Select Board Letter, dated 7/6/05]
9. According to the applicant, no increase in parking is proposed with this project. Parking is an issue only during peak skier days – a maximum of three to four days per year. [July 6, 2005 submittal; Hearing Minutes]
10. Though the replacement lift will increase lift capacity (from 1000 to 1,500 persons/hour), and thus potentially the number of skier visits; it is not expected to significantly increase the ski area’s overall capacity or parking needs. [July 6, 2005 submittal; Hearing Minutes].
11. According to the applicant, parking is a limiting factor in the further development of the ski area. There are 951 state-approved parking spaces at the Resort, including 163 presently undeveloped spaces at Timberline that were approved under a previously issued Act 250 permit. [July 6, 2005 submittal – Chenette Associates letter; Hearing Minutes].
12. The applicant has proposed the following measures to mitigate associated parking issues within the town’s road right-of-way [Hearing Minutes]:
a. Posted signs
b. Parking attendants, staff patrol of road travel way area
c. Employee parking at satellite parking areas (e.g., Sugar Shack, Timberline parking areas)
d. Meeting with the Bolton Select Board, Road Commissioner, as needed to resolve ongoing parking issues.
Bylaws in effect. The project, with proposed mitigation measures to address environmentally sensitive areas and existing and anticipated parking issues, will have no undue adverse effect upon municipal bylaws and ordinances currently in effect.
13. Applicable bylaws include the Bolton Land Use & Development Regulations (1/26/05) and the Bolton Motor Vehicle Ordinance (11/01/93).
14. The application has proposed mitigation measures to meet the requirements of these regulations, as specified above (see #7, #12).
The utilization of renewable energy resources. The proposed project will have no undue adverse effect on the utilization of renewable energy resources.
15. The project involves the clearing of 8.8 acres, and the selective cutting of 2.3 acres of high elevation forestland for additional ski trail and glade development. This will not unduly reduce renewable wood energy resources within the project area. [Site Map MC-1].
Site Features. Proposed improvements, to the extent feasible, incorporate and protect existing site features and, with mitigation, will have no undue adverse effect on existing site features.
16. The site includes steep (>15%) and very steep (>25%) slopes, surface waters (including Class A waters) and wetlands, high elevations (>2,500 ft above msl), and significant wildlife habitat (Bicknell’s Thrush nesting areas). [Site Maps].
17. The applicant has proposed measures to mitigate adverse impacts to these features (see #7).
Site Layout & Design. The location of proposed improvements – include the replacement lift, new trails, and related improvements – are compatible with their setting and context.
18. The proposed project is within the existing alpine ski area owned and operated by Bolton Valley Resort. This area includes existing ski lifts, trail networks, access roads and related facilities [Location Map, Site Plan].
19. Development proposed within the Forest and Conservation Districts preserves, to the extent feasible, existing natural resources and environmentally sensitive areas (see #7).
Vehicular Access. Vehicular access and intersections with roads meet applicable town and state standards, and shall not result in any hazard to vehicles, pedestrians or bicyclists on the site or adjoining roads.
20. No additional vehicular accesses are proposed. [Hearing Minutes].
21. Parking within the travel way of the Bolton Valley Access Road has been identified as a concern of the Town (see #8).
22. The applicant has proposed to address parking issues as noted above (see #12). Development proposed within the Forest and Conservation Districts will preserve, with mitigation, existing natural resources and environmentally sensitive areas (see #7).
Parking, Loading & Service Areas. On-site parking, with proposed mitigation measures to avoid parking within town rights-of-way, will be sufficient to accommodate parking needs associated with the proposed project.
See findings #8 – #12 above.
Site Circulation. Provision has been made for adequate and safe vehicular and pedestrian circulation.
23. No vehicular site circulation improvements are proposed.
24. Ski trail improvements are intended to improve the safety and use of the existing alpine ski trail network [Hearing Minutes].
Landscaping & Screening. No landscaping is proposed.
25. Some trail clearing is proposed as needed for the relocation of the existing lift line and trails, and the installation of two new trails, one of which – the glade trail –will undergo selective cutting in accordance with accepted management practices. [Site Map MC-1].
26. Re-vegetation of up to 0.55 acres is proposed. No other landscaping or screening is proposed. [Site Map MC-1; Hearing Minutes].
Outdoor Lighting. Additional outdoor lighting, as needed to allow for safe operation of the replacement lift, and nighttime skiing on proposed trails, is the minimum required for safety, security and intended use.
27. The project includes the installation of replacement lights as needed where the relocated lift line crosses existing trails, and additional light fixtures, placed on 30-foot poles spaced approximately 100 feet apart, along the new trail [Site Maps, July 6, 2005 submittal].
28. The proposed fixtures will be 500-watt, metal halide, pulse start fixtures, which will be shielded as necessary to minimize scattered light [July, 6, 2005 submittal].
29. Trails will be lit from dark until 9PM on nights open for skiing [July 6, 2005 submittal; Hearing Minutes].
Stormwater Management & Erosion Control. Stormwater management and erosion control shall be designed, installed and maintained in accordance with best management practices accepted by the state.
30. The area is within the Joiner Brook Watershed which includes steep (>15%) and very steep (>25%) slopes as defined in the Bolton Land Use and Development Regulations, and Class A surface waters. [Site Maps, July 6, 2005 submittals].
31. Ski lifts and ski trails associated with an existing or approved alpine ski facility may be developed on slopes in excess of 25%, with the submission of a stormwater management and erosion control plan that incorporates best management practices [BLUDR, Section 3.16].
32. The applicant will adhere to the “Bolton Valley 2005 Construction Project: Site Clearing, Earthwork, and Erosion Prevention & Sediment Control, Vista Lift Replacement, Terminal Preparations, New Terrain, and Snowmaking Installation, dated May 23, 2005, as prepared by the SE Group, Burlington, VT, and as submitted to the state [Site Maps MC-1, MC-2, MC-3; July 6, 2005 submittal].
33. An NPDES permit is also required from the state for discharge into Joiner Brook and Class A waters (see #7). [July 6, 2005 submittals].
Conformance with the Bolton Town Plan. The proposed project conforms with the Bolton Town Plan, as most recently amended.
34. The proposed project conforms to the general language and applicable land use district descriptions (Resort Village, Forest, Conservation) contained in the Bolton Town Plan, as most recently amended
Zoning District & Use Standards. The proposed project complies with all dimensional, density and use standards for the districts in which it is located.
35. The proposed project is located within the Resort Village, Forest and Conservation Districts [Site Map; Bolton Zoning Map].
36. Alpine ski facilities – including ski lifts and ski trails – are allowed as a conditional use, in association with a planned unit development (PUD), in each of the three districts [BLUDR/Tables 2.2, 2.6, 2.7].
37. The Bolton Valley Ski Area predates municipal zoning and subdivision regulations and, as such, has not yet been reviewed as a planned unit development. It does, however, exist and function as a planned ski resort [see Site Plan]. Given that the proposed project involves no subdivision of land, it is the DRB’s determination that the current application is not of sufficient scope or magnitude that would require separate PUD approval. Such approval, however, may be required in association with a future subdivision or expansion of the existing resort facility.
38. Within the Forest District the maximum building coverage is 4,000 square feet. Within the Conservation District, the maximum building coverage is 2,000 square feet. The total square footage of buildings (2 patrol buildings, 2 lift stations) – equaling approximately 1,040 square feet – does not exceed these minimums. All other district dimensional requirements on the existing lot are also met.
Performance Standards. The project will not result in the creation of any dangerous, injurious, noxious or otherwise objectionable conditions which would adversely affect the reasonable use of adjoining properties.
39. As a conditional use, the project must meet the requirements of Section 3.12 (Performance Standards) of the Bolton Land Use & Development Regulations.
40. According to the applicant, minimal blasting will be required for terrain modification (ledge removal). If uncontrolled, this could result in occasional excess noise (>60 decibels), or undue explosive hazards. The applicant has testified that blasting will be completed during the summer period when most adjoining seasonal properties are vacant. Blasting also will be controlled to avoid adverse impacts to neighboring properties. [Hearing Minutes].
Legal Documentation. The applicant must also obtain state permits and a conservation easement for this project.
41. A copy of the draft NPDES permit was submitted with the application. According to the applicant, no wetlands permit (conditional use determination) is required. The applicant has also applied for an Act 250 permit for this project (#4C0436-29) which is on file at the town office [July 6, 2005 submittals; Hearing Minutes].
42. No legal documentation regarding the proposed conservation easement was included in hearing materials.