Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
Development Review Board members present: Rob Heimbuch, Mike Rainville, Chair (7:40 p.m.), Ken Richardson, Greg Swan
Development Review Board members absent: Susan Vita
Zoning Administrator: Dick Ward
Clerk: Amy Grover
Also Present: Pete Siegel, Beth Gilpin, Fred Kenney, Paula Gervia, Bernie Chenette
1. Application of conditional use and site plan approval of the Bolton Recreation Committee for construction of a seasonal use (ice skating facility) on a parcel located off U.S> Route 2 (Siegel property).
2. Work session application for Phase I, two (2) lot subdivision for Bolton Valley Holiday Resort (parcel #1 approximately 1000 acres, and parcel #2 approximately 145 acres).
3. Minutes and Findings of Fact – September 18, 2002.
4. Any other business or communications.
5. Adjournment.
Rob Heimbuch called the hearing to order at 7:05 p.m.
This hearing was convened to consider the application of the Bolton Recreation Committee for conditional use and site plan approval for construction of a seasonal use ice skating rink on a parcel located off of U.S.Route 2.
Beth Gilpin, Chair of the Bolton Recreation Committee, Pete Siegel, property owner, and Fred Kenney appeared on behalf of the application.
Rob Heimbuch swore in all that would be giving testimony.
Dick Ward stated that this was a conditional use application along with a brief site plan review. Dick added that the rink would be approximately 60’ x 100’, with a parking area of approximately 40’ x 80’, a minor portion of a 140 acre parcel owned by Pete Siegel. The area is in a designated flood plain, and would need a State permit for the curb cut.
Beth Gilpin added that the rink would either be on the ground, or have a 6 ml. plastic liner wrapped and nailed to 2 x 6 stakes, that the parking area would be on the grass, and that there would be no lighting.
Ken Richardson asked about the liability. Pete Siegel answered that a rider would be placed on the Town insurance policy, as is done with Wheeler Field in West Bolton. Rob asked what the limits on the Town policy were. Pete replied one million dollars.
Ken Richardson asked who the users would be. Pete Siegel answered residents and legal guests. Ken asked if he could send down his guests from the Black Bear Inn to skate. Beth Gilpin answered yes, and added that a posted sign would designate ice times for hockey, children etc. Dick Ward asked if the rink could be used for town gatherings. Pete Siegel replied yes, times could be scheduled with the Recreation Committee.
Rob Heimbuch asked if the Town sponsored the rink. Beth Gilpin answered that the materials would be paid for out of the Recreation Committee budget, which comes from the Town, that volunteer labor would be used for construction, and the users would provide maintenance. Beth added it would be similar to the Waterbury rink.
Rob Heimbuch asked what the hours of operation would be. Pete Siegel answered daylight hours, with perhaps a scheduled weekend night. Beth Gilpin added that open hours would be up to the landowners.
Greg Swan asked if the rink would be unsupervised when it was open. Pete Siegel answered yes.
Rob Heimbuch asked if there would be signs posted. Pete Siegel answered yes, the sign/s would state the hours of operation and the rules of the rink, and that skaters use the facility at their own risk. Beth Gilpin added that they would seek the advice of the town attorney on the language used.
Ken Richardson asked who would be plowing the rink. Pete Siegel answered that he would. Beth Gilpin added that users would be encouraged to shovel.
Rob Heimbuch asked if the rink would utilize the existing curb cut for the former driving range. Pete Siegel answered no, that was on adjoining property, and that the Town had applied for a curb cut from the State.
Ken Richardson asked if the area would be filled in at all to bring to a level grade, or if a culvert would be installed. Pete Siegel replied no, but they did want the area to be accessible to school buses.
Greg Swan asked if being in the flood plain was not an issue in winter. Dick Ward replied that being in the flood plain is always an issue, hence the public conditional use hearing.
Dick Ward asked if the removal of equipment in the spring would be the responsibility of the Recreation Committee. Beth Gilpin replied yes. Dick asked if there would be a maintenance bond for the clean up. Pete Siegel replied no.
Rob Heimbuch asked if there were any further questions or comments.
Pete Siegel stated that the rink area could be smaller, perhaps 40’ x 100’, and that plastic may or may not be used for the construction.
Ken Richardson made a motion to approve the application of the Bolton Recreation Committee for a conditional use and site plan approval to construct a seasonal use ice skating rink on a parcel located off of U.S. Route 2. Greg Swan seconded the motion. All were in favor. 7:20 p.m.
Agenda Item #2 Work Session for Bolton Valley Resort
7:23 p.m.
Bernie Chenette introduced himself to the Board as the project engineer for the proposed six lot subdivision at Bolton Valley Resort, with Chase and Chase of Barre as the project surveyors. Bernie stated that the proposed subdivision is to get the resort out of bankruptcy, and that only enough work is being done to get the necessary permits, and that the Lyndonville bank is funding the work being done by him and the surveyor.
Ken Richardson asked what the purpose of the subdivision was. Bernie Chenette answered to raise money to get out of bankruptcy. Ken asked to get whom out of bankruptcy. Bernie replied Ned Hamilton, and added that there was a long list of creditors, that the best thing to do was to split things up to support the continuation of the ski area.
Bernie Chenette reviewed the map of the project with the Board, noting that there would be 6 parcels in total. Parcel #1 was the ski area – 660 acres, of which the hotel and its .4 acres were not part of. There were two option areas, the nordic trails, and trailside areas at Timberline. Bernie stated that Bob Fries, a solid, knowledgeable person in the ski industry wants to purchase parcel #1, and take the options on the two adjacent areas. Bernie added that there are permits needed, from the Town, Act 250 and wastewater. Ken Richardson asked what the two adjacent areas that Mr. Fries was taking an option on would be used for. Bernie replied that he would guess residential development.
Bernie Chenette stated that the Green Mountain Club was interested in parcel #4, the outer piece of 1,000 acres. Dick Ward asked if that piece had been surveyed yet. Bernie replied no, that it was going to cost approximately 45K for the survey, and that it would be months before they were ready for that piece. Bernie added that parcel #2 was approximately 140 acres on the ridgeline where the existing radio tower was, and that there was an interest expressed by a company in controlling the ridgeline. Bernie noted that the price for parcel # 1 was approximately 775K, parcel #2 was 225k, and parcel #4, over 300k. Bernie added that the water and sewer systems were not part of the deal with Bob Fries, at this time the systems were remaining with Ned Hamilton, and that Paul Gail had continued the long term lease of the Sports Center and Base Lodge with Mr. Fries. Rob Heimbuch asked if all the sales were pending. Bernie replied yes. Dick Ward asked if the easiest conveyances would be parcel #s 2 and 4. Bernie replied that there were no surveys done yet, therefore they were not ready to make those conveyances.
Dick Ward stated that all the records date back prior to zoning regulations, that ACT 250 permits are on file, and that there had been very little review of the development of the mountain. Dick added that this was a work session, that there would be a public hearing at a later date. He added that this was a re-subdivision, even though the lots are very large parcels, that surveys are needed for deed descriptions, and noted that late fall is not an optimum time to start survey work. Mike Rainville asked the status of ACT 250. Bernie Chenette replied that they must go through it, and was hoping that it was a minor, and added that he had received a letter noting problems with two ski patrol buildings that did not receive permits.
Bernie Chenette reviewed five sheets with the Board, which showed the outer boundary of parcel #1. Rob Heimbuch noted several errors in the map, specifically the Couch/Heibert lot line.
Greg Swan asked if the water and sewer systems were to be sold. Bernie Chenette replied yes, though it would probably be the last lot dealt with because of substantial upgrades needed. Bernie acknowledged that it would be a huge change for the resort owner not to control the water and sewer systems, adding that the consumers could form a fire district - 20 freeholders would need to come to the Select Board to request a fire district. Ken Richardson stated that the water, wastewater and electricity were very intermingled, and asked whose land the wells near the hotel would be on. Bernie replied the wells would be on Mr. Fries land, but that by easement there would be rights to them. Bernie added that he had created parcels around all of those areas associated with the water sand sewer, the filter plant, pumphouse, snowmaking reservoirs, etc., and that the water and sewer would have those deeded parcels and access to maintain them. Ken Richardson asked if the easements had been filed yet. Bernie replied they were not, but would be filed before the deal was made, and stated that Mr. Fries did not want to be in the water and sewer business. Dick Ward stated that water and sewer permits were an issue. Bernie replied that they would have nothing to do with the first conveyance of parcel #1. Ken stated that consumers of the water and sewer systems had just been hit with a 47% increase, that the water company had been profitable since day one, and that he had grave concerns over the water and who has control of it. Bernie replied that Ken’s concern was the rates. Ken added also availability, stating that only the water portion was controlled by the Public Service Board, and noting that the dry summer had forced access to the snowmaking pond at the top of lift #2 for water. Bernie replied that the pond was not a legal source of water, that there was a need to get on groundwater, and that part of the upgrade (which was not done because of lack of funds) was to have gotten wells online. Ken stated that there were covenants on properties to prevent drilling, that lots must be hooked into the system. Dick Ward asked Ken if his neighbors had similar concerns. Ken replied yes, there were two issues, total capacity and rates, and that a petition for a fire district had already been started.
Greg Swan asked why the six lots of the subdivision were not all being done at the same time. Bernie Chenette replied that there were no offers other than parcel #1, and that they were buying time by leasing the ski area to Mr. Fries. Rob Heimbuch asked if there were any other deals imminent. Bernie replied no. Rob noted that would make it necessary to come back to the DRB multiple times. Dick Ward asked if it was understood that the process would have to be repeated six times over, and asked to convey the message that the DRB would rather see the six lot subdivision as a whole. Bernie stated that this conveyance had been discussed with the State as a one-lot subdivision. Dick stated that he as the ZA would follow the State, once it was filed.
Ken Richardson noted another issue was that the ski area was still open to bid in bankruptcy court. Bernie Chenette replied correct, but that permits needed to be in place by December to keep the ski area running. Bernie added that Ned Hamilton had lost everything he had put into the area, and that he was getting nothing out of it.
Dick Ward asked if there were any more questions. There were none. Dick Ward stated that if the public hearing was to be set for November 20th, Bernie Chenette would need to file by November 1st. Dick stated to Bernie that he would need the addresses of all the abutters for notification of the public hearing in November.
Agenda Item #3 Minutes and Findings of Fact – September 18, 2002
Rob Heimbuch made a motion to accept the minutes and Findings of Fact of September 18, 2002. Mike Rainville seconded the motion. All were in favor. Mike Rainville, Chair, signed the Ada Breen Findings of Fact.
Agenda Item #4 Any other business or communications
Mike Rainville stated to the Board that he was resigning his seat as Chair of the DRB, but would stay on as a member. Ken Richardson made a motion to appoint Rob Heimbuch as the Chair of the DRB. Greg Swan seconded the motion. All were in favor. Rob Heimbuch made a motion to appoint Ken Richardson as the Vice Chair of the DRB. Greg Swan seconded the motion. All were in favor.
Agenda Item #5 Adjournment
The hearing was adjourned at 8:45 p.m.
Amy Grover
Clerk, Development Review Board
These minutes are unofficial until accepted.
These minutes were read and accepted by the DRB on ______________________, 2002
Rob Heimbuch, Chair