Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-4180
Development Review Board Public Hearing Minutes
November 20, 2002
Development Review Board members present: Rob Heimbuch, Chair, Mike Rainville, Ken Richardson, Greg Swan, and Susan Vita
Development Review Board members absent: None
Zoning Administrator: Dick Ward
Clerk: Amy Grover
Also Present: Bob Fries, Daniel Izor, Bernie Chenette, Andrew Ferko, Walter Duda, Patricia Duda, Shirley Zundell, Donald Zundell, Bob Linck, Dan Morrissey, Lars Botzojorns
Agenda
1. Bolton Valley Holiday Resort, Inc., Ned Hamilton, for approval of a three (3) lot subdivision, parcel #1 containing 660 acres, and parcel #1A containing 16.3 acres, balance of the land containing 4670 acres, located on the Bolton Valley Access Road.
2. James and Nancy Tiffany and Daniel Morrissey of Stone Hill Road, Bolton VT for a work session regarding a two (2) lot subdivision, parcel #1 containing 30.5 acres and the balance of the land, containing 396 acres to be purchased by Vermont Land Trust for conservation and open space purposes located on the east of Stage Road and west of Notch Road.
3. Minutes – October 23, 2002.
4. Any other business or communications.
5. Adjournment.
Rob Heimbuch, Chair, called the hearing to order at 7:00 p.m.
This hearing was convened to consider the application of Bolton Valley Holiday Resort, Inc., Ned Hamilton, for approval of a three- (3) lot subdivision, parcel #1 containing 660 acres, and parcel #1A containing 16.3 acres, balance of the land containing 4670 acres located on the Bolton Valley Access Road.
Bob Fries, Bernie Chenette, and Daniel Izor appeared on behalf of the application.
Rob Heimbuch swore in all that would be giving testimony.
Dick Ward stated that all of the existing development at the Bolton Valley area had predated Bolton zoning, there is on file with the Environmental Boards ACT 250 permits and the applicant has to go for amendments to those ACT 250 permits. Since everything at Bolton Valley had predated Bolton zoning the request for a three-lot subdivision is being treated as the first subdivision of the land. Dick noted that Ned Hamilton was not in attendance, and that Bob Fries, Bernie Chenette, and Daniel Izor were representing the applicant.
Bernie Chenette stated that he was representing Bolton Valley Resort, and introduced Bob Fries, who gave a brief history of his experience in the ski industry. Mr. Fries stated that in August of 2002 he resigned as a consultant to the VT Land Trust with regard to the Bolton Valley Resort area, because he decided that he was interested in purchasing the 676.3 acres (660 acres lot 1,and 16.3 acres lot 1A) encompassing Bolton Valley Resort himself. Ned Hamilton would retain the balance of the land, 4670 acres. Mr. Fries noted that as of 10/1/02 his company had started funding the payroll at Bolton Valley, he had a closing in escrow - the lawyers hold the papers until approved by the Bankruptcy Court - which he expected to be approximately December 16, 2002. Mr. Fries stated to complete the closing the subdivision of the mountain needed to be approved by the DRB, and that there were minor amendments needed to ACT 250 permits, which included sewer allocation. Mr. Fries stated that he had no grandiose plans for the resort, but wanted to run a profitable, ongoing ski resort and not get into a lot of debt. Mr. Fries added that with his 30 years of experience in the business he knew how to operate a resort with success, and although he would look to upgrade the resort, he would not be spending a lot of money at this point.
Bernie Chenette gave reviewed the 5 sheets with the Board, and gave an overview of the proposed subdivision stating that:
· The 676.3 acres That Mr. Fries wants to purchase comprises the resort and its infrastructure, all of the alpine trails, some of the Nordic trails, the Timberline Base Lodge and the garage.
· Mr. Fries has 2 option areas on either side of the ski area, but no other negotiations for additional land.
· Mr. Fries would not own the land under the Hotel, Base Lodge, or Sports Center.
· Ned Hamilton’s long term lease of Base Lodge and Sports Center had been conveyed to Mr. Fries.
· Mr. Fries would be leasing the Hotel.
· Ned Hamilton would retain all of the water and wastewater systems.
· Ned Hamilton had purchase and sales agreement for 2 other parcels: 1,000 acres with the Green Mountain Club, and 144 acres with the Ricker Mountain Tower company, and that Bolton Valley/Ned Hamilton intended to return to the DRB with the applications for these 2 parcels in the future.
Mr. Chenette stated that he was only there to talk about the 660+ acres on the map, but acknowledged that issues had been raised at the previous work session regarding the water and sewer, and that he could address those issues to some extent, but there were a lot of unknowns. Mr. Chenette stated that;
· With Daniel Izor’s help he had systematically worked through the entire resort, starting at the base lodge and going all the way down to the Black Bear Inn, checking permits numbers, and numbers of bedrooms.
· He had created a 4 page summary draft, not State approved, but the clearest one so far in which everything was accounted for and not double counted (a copy was given to Dick Ward for the Town Office).
· The treatment plant had come online in 1980.
· 127k gallons had been allocated as permitted flow in the total build out.
· The sewage treatment plant is designed for 100k gallons, and as far as he can tell, is overallocated.
· The plant design is currently limited by the leachfields to 92k gallons.
· Although he found the sewage treatment plant to be over allocated, not everything had been built out, i.e. the Snowpond Road subdivision had not been built, and the Bear Run condominiums were permitted for 30 units, but not all 30 had been built.
· Once the state issues a permit and gives an allocation for flow, they can not take it back, i.e. the Bolton Valley area will not be made to reduce the number of bedrooms.
· There is a difference between the allocated flow and the actual flow.
· Bolton Valley has been measuring incoming flows to the sewage treatment plant for the past 2 years by a meter on the plant
· The peak flow is during the springtime when infiltration is happening in the lines and occupancy at the mountain is the highest.
· Between April 13, 2001 and April 25, 2001 the average incoming flow was 64,800 gallons/day, the highest incoming flow in that period being 82,000 gallons/day.
· The lowest incoming flow was 13,000 gallons/day on September 18, 2001.
· This year’s incoming flow rates: the highest monthly average was February 2002 at 55,960 gallons/day, and the lowest incoming flow rate was August 2002 at 29,000 gallons/day, which was well below the 92k gallons.
Mr. Chenette stated that this information meant that Bolton Valley would be hard pressed to get a permit for additional flows, or for homeowners to add additional bedrooms.
Ken Richardson noted that for the first time, the owner of the ski resort would be in the same situation with the water and sewer as everyone else on the mountain, paying for services. Ken asked if people with unbuilt lots, but with deeded rights to hook into the water and sewer system would be able to hook on. Mr. Chenette replied that he had found 37 lots by permit that were all listed, and they had a right to hook on to the system no matter what.
Ken asked if Ned Hamilton’s previous log cabin development would be able to get transferred allocation. Mr. Chenette replied that that development would not fly.
Ken asked if there was remaining allocation within the land that Ned was retaining, and if Mr. Fries purchased that land, would Mr. Fries have room for development. Mr. Chenette replied that there was zero allocation on Ned Hamilton’s remaining land.
Mike Rainville noted that with buildout, eventually the water and wastewater issue would come to a head. Mr. Chenette replied yes, that the issue was not going to go away, and would need to be addressed at some point, but it did not pertain to the action tonight, a request for subdivision. He added that what happens to the water and sewer plant was the big question
Dick Ward noted that the design capacity for the treatment plant was 100k/day, and asked if at any given time, that capacity had been reached. Mr. Chenette replied no. Dick asked about modifications that were to be made to the leachfields this year. Mr. Chenette stated that during the time when Mason Dwinell was running the resort, the State insisted there was a need to double the size of the leachfields to cut down on the application rate. Mr. Chenette noted that this would not increase the capacity, that it was something that should have been done, but because of the financial burden of approximately $100K to do it, it had not been done. Bolton Valley had been given a year extension until November of 2003.
Dick Ward asked how accurate the count of bedroom units were in the summary. Mr. Chenette replied they were those listed in the permits, but to really know, one would have to go out and actually count them, and added that in most cases the number of bedrooms would be less than what was on paper. Dick stated that was not generally the case in a resort, that there would be more bedrooms. Mr. Chenette stated that any future State funding for the water system upgrade would require metering, and then they would know once and for all. He added that the water system needed 250k for upgrades, and that the bankruptcy stopped the upgrade plan.
Ken Richardson asked if the easements take in the leachfields. Mr. Chenette replied no, Ned Hamilton would retain them.
Susan Vita asked if there was data for when the hotel was full. Mr. Chenette replied yes, that occupancy data could be compared to flow rates now that the incoming flow is metered, noting that all kinds of studies, including infiltration, could be done, but that somebody had to pay for them.
Water/snowmaking
Ken Richardson asked if there was a guarantee for Mr. Fries to have water for snowmaking. Mr. Fries replied there was an easement to withdraw water from Joiner Brook. Ken noted that he did not see an easement from the well drilled at Timberline for the Snowpond development, or the well on any of the maps. Mr. Chenette replied that there was an easement, showed where the well was located on the map, and that was a site carved out for a water tank for that well. Mike Rainville asked if stormwater was an issue. Mr. Chenette replied no, since they were not proposing any new development at this point, it was strictly a subdivision. Mr. Chenette noted that there were old permits in place, one for the Timberline parking lot that needed to be addressed, but that it would not affect Mr. Fries deal.
Ken Richardson noted that water that had been released from ponds in the past during dry spells was within the piece that Mr. Fries would be purchasing. Bernie Chenette added that it was not an approved source of water, that there was a need to get off of the stream as a water source and get onto groundwater, so that there was a good year round source of water, perhaps using the stream only as a back up. Greg Swan asked if there was an easement for those ponds. Mr. Chenette replied no, they were not part of the water system, but there was a blanket easement for the entire water and wastewater system.
ACT 250
Dick Ward asked if there was a scheduled review for ACT 250, and if there was a date. Mr. Chenette replied that it was being treated as a minor, that there would be a draft notice for comment, and that there was no date set yet. Mr. Chenette added that they hoped to get the application in that week, and that the two patrol buildings on the mountain that were not permitted were added.
Greg Swan asked if the lease agreement with Paul Gail (sports center and base lodge) had been executed. Mr. Fries replied yes. Greg asked if Mr. Fries would be operating the ski area under a lease agreement. Mr. Fries stated that the bankruptcy court had approved a lease for the winter, that the lease had been superseded by the sale in escrow, and that he hoped to get subdivision approval by the DRB, state approval, and bankruptcy court approval by the end of the calendar year.
Rob Heimbuch asked how the hotel was being handled. Mr. Fries stated that he was leasing the hotel as a triple net lease, that he would be paying all of the expenses, and if the hotel were sold, the lease would terminate.
Ken Richardson noted that 90% of the cross-country trail system was out of the picture. Mr. Fries stated that he had a license agreement, not an easement, to continue to operate it for an initial term of three years, and then year to year after that.
Questions from the public
Rob Heimbuch swore in all that would be giving testimony.
Shirley Zundell stated that under the water tariff Bolton Valley paid 19k per year, and asked if Mr. Fries would be assuming that. Mr. Fries replied that he would be paying all charges. Mike Rainville asked if that was a lump sum, not metered. Shirley Zundell noted it was based on certain usage within the rate structure and was not metered. Mr. Fries noted that he had agreed in the purchase agreement to pay competitive rates, that he was not getting any deal, and that he was on the same side as everyone else paying for water and sewer services.
Shirley Zundell asked if there were service lines and mains with curbstops shown on the map. Mr. Chenette replied yes and no, that it was tough to show given the development at Bolton Valley, but the main lines were shown, and there were notes for some of the service lines that had needed to be repaired over the last few years. Mr. Chenette added that part of the water system upgrade was to do an accurate updated plan, and at some point it all needed to get on a plan. Shirley Zundell noted to prevent problems in the future concerning repair responsibility, service and main lines need to be clearly identified, and curbstops placed. Mr. Chenette acknowledged that the issue had risen before, and that an accurate updated plan was badly needed. Daniel Izor added that could only be accomplished by the water and sewer company spending more money.
Shirley Zundell noted that there were covenants and restrictions, which can not be changed, and that Bolton Valley Corporation, it’s successors or assigns had certain obligations under those, and with the subdivision, asked who would be the successors or assigns. Mr. Fries replied that he did not believe that he was a successor or assign of that corporation, but only bought the assets, that it was a legal question. Daniel Izor noted that Bolton Valley Corporation was never dissolved, and that Ralph Deslauriers was still signing off on Bolton Valley Corporation.
Shirley Zundell asked for information about hazardous waste sites and who was responsible for them. Mr. Fries replied that there were 3 sites: 2 sites at the base lodge, heating oil tanks, and that the monitoring of those had stopped. He added that there was one site a the maintenance garage that was continuing to be monitored, and that Lyndonville Savings Bank was responsible for that. Shirley Zundell stated that there were still two open ones, one being a pile of dirt that had to be screened. Daniel Izor stated that the soil had passed the test and was dispersed. Shirley Zundell stated that there were still two open cases. Daniel Izor stated that if that was the case, Lydonville Savings Bank was responsible, that even Ned Hamilton had been released from responsibility.
Rob Heimbuch asked if there were any more questions or testimony. There were none.
Ken Richardson made the motion to close the hearing. Susan Vita seconded the motion.
Dick Ward noted that the Board had 45 days for their decision, and would consider if conditions needed to be applied.
8:00 p.m.
Dick Ward stated that the application requirements for the proposed Tiffany/Morrissey two lot subdivision were not met, but that the applicants still wanted to come to the DRB for a work session.
Bob Linck from the Vermont Land Trust, Dan Morrissey and Lars Botzojorns appeared on behalf of the forthcoming application.
Bob Linck stated his thanks to the landowners for the opportunity to conserve the property, and stated it would be a great public benefit if it can be achieved.
Lars Botzojorns and Bob Linck gave the Board a history of the land and overview of the proposed subdivision;
· 30.5 acres of land would remain with Tiffany/Morrissey, and the balance of the land, 396 acres, would be purchased by the Vermont Land Trust for conservation and open space purposes.
· The Town would own the property.
· The Town, through the Conservation Commission, had been working for 4 years on the project.
· The 396 acres including Preston Pond would be the centerpiece and the Conservation Commission and Vermont Land Trust would then continue to work with other landowners, such as the Wheeler Trust, to complete a corridor.
· The 396 acres are home to diverse wildlife, habitat, and rare species.
· The 396 acres would be publicly owned land subject to a management plan, and a conservation easement co-held by the VLT and the Nature Conservancy who would be making decisions on stewardship over time.
· The conservation easement would be a permanent document, would follow the land, and would prohibit subdivision, mining, and development, while allowing for the landowner to manage the land in a way that protects those conservation values, i.e. timber harvesting, and recreation would be permissible.
· If the land were protected, it would remain accessible by the public for education and recreational purposes.
· The right of way to the Streeter Camp would be maintained.
· A public right of way that goes through the land would be maintained by Tiffany and Morrissey, Stone Hill Road and an unimproved logging road.
· The Long Trail runs across the property and would remain.
· The Vast Trail crosses the property and would remain as long as appropriate.
· To date the VLT, in partnership with The Nature Conservancy and others, has raised over 300k toward the purchase, including a $267,000 grant from the Vermont Housing and Conservation Trust Fund.
Dick Ward asked if the funding that has been received is enough to buy the land, or was there an upcoming bond issue. Bob Linck replied that the funding did not cover the purchase of the land, there was not a bond issue coming, and that an active public fund raising effort was under way, noting that there were challenges ahead in raising the necessary funds, but there was a good start on it. Mr. Linck noted the Town was going to talk further about the possibility of an appropriation from the conservation fund.
Susan Vita asked if this parcel would then be coming off of the tax rolls. Dan Morrissey replied yes, that it represented about 5k in taxes.
Ken Richardson noted that the Select Board had just enacted interim zoning, that there was the possibility of 1,000 acres going to the GMC, and that now this parcel would be coming off of the tax rolls, and queried if there would be a point when residents would be unable to live in Bolton because of the tax burden.
Mike Rainville asked if the land had been logged. Dan Morrissey stated that Jim Tiffany had done some selective cutting, but nothing extensive. Lars Botzojorns noted that the previous owners, Titanium Ventures, had done most of the cutting. Mike asked if there would be logging in the near future to generate income for the Town. Lars stated that there might be good timber value in several decades, but the land currently was a very young forest, and needed time to restore itself before it would generate income.
Mike Rainville asked what the benefits to the Town would be financially. Lars Botzojorns noted that in towns somewhat similar to Bolton, such as Huntington, the tax gain/loss equation was looked at and it was found that after an initial dip in the tax rolls, there was actually a very small increase. Lars stated that if the land were developed, over time the potential cost of services would add a burden to the Town.
Susan Vita asked if any recreational uses would be excluded. Lars Botzojorns stated that certain uses were more of a challenge in using the land respectfully, such as ATV’s, but that he saw it as an education issue. Lars added that rock climbing was on the increase on the property, and that CRAG VT had good intentions to help the town with those management issues.
Rob Heimbuch asked who would be responsible for the maintenance of the area, i.e. trails, roads, fences, downed trees. Lars Botzojorns replied that it would be the responsibility of the Town, but the Town would be working with local groups like VAST, the GMC, CRAG VT, and that the Town could spearhead the consortium of groups that would be managing the maintenance through volunteer efforts.
Susan Vita asked if there would be a parking area, or trailhead parking. Lars Botzojorns stated that was an issue that had recently come up in terms of how access is managed. He stated that pre-existing areas that could be upgraded are being looked at to provide easily controlled, dispersed access. Lars noted several access areas, a log landing on the Notch Road, where the Long Trail crosses, and where the VAST trail comes in.
Mike Rainville asked about the liability for the Town. Lars Botzojorns stated that he would need to ask Deb Lariviere about the Town’s liability insurance, but in only allowing access to the land, not charging a fee, or directing people toward a hazard, the landowner liability shouldn’t increase. Susan Vita noted that VAST charges a fee to use the trails. Lars noted that VAST has their own liability insurance for the trails.
Greg Swan asked if the management plan was in draft form. Lars Botzojorns stated that the management plan was not in draft, but that the Conservation Commission had been working on the concepts. Greg asked if the management plan would be included with the subdivision application. Bob Linck replied no, adding that there would have to be an interim stewardship plan approved by the closing date, with an additional two years to work on the final plan.
Greg Swan asked what the fundraising goal was. Bob Linck replied 650k, which would cover the acquisition cost, project, legal, staff, and management costs. Lars Botzojorns added that the goal was to exceed the acquisition cost in order to build a stewardship fund to manage the land over time. Greg asked where they stood against the goal. Bob replied better than halfway, that they were doing reasonably well, but still faced a substantial challenge.
Dick Ward asked if there were any other comments.
Dan Morrissey stated that he and Jim Tiffany would eventually be coming back to the DRB to subdivide their 30 acres into 5 – 8 lots. The number of lots would be dependent upon what the water and septic would support, that the soils and the slopes would dictate the number of lots. Dan stated that they were trying to do the right thing now, and hoped that people would remember that. Lars Botzojorns stated that 30 acres developed and 400 acres conserved was the best of both worlds, and he hoped that everything would work out.
Dick Ward noted that their hearing date would be set for December 17, 2002, provided they were ready.
8:38 p.m.
Results of Deliberative Session Agenda Item #1 – Bolton Valley Subdivision
Rob Heimbuch made a motion to approve the proposed three (3) lot subdivision of Bolton Valley Holiday Resort, Inc., located on the Bolton Valley Access Road, prepared by Bernie Chenette, Chenette Associates, and Chase and Chase dated 10/17/02 with conditions.
Greg Swan seconded the motion.
Said conditions are as follows:
1. That the applicant acquires all permits necessary under ACT 250, with an emphasis on addressing water and sewer issues.
2. That the subdivision Mylar be recorded in compliance with the Town Clerk’s requirements within ninety (90) days of subdivision approval.
All were in favor.
Agenda Item #3 – Minutes
Rob Heimbuch made a motion to accept the minutes of October 23, 2002.
Ken Richardson seconded the motion.
All were in favor.
Agenda Item #4 – Other business or communications
Dick Ward noted that the Town of Bolton had received the planning grant applied for in the amount of 12k, and that the grant would help to unify the development review process and lift the enacted interim zoning.
Agenda Item #5
The meeting was adjourned at 9:00 p.m.
Amy Grover
Clerk, Development Review Board
These minutes are unofficial until accepted.
These minutes were read and accepted by the Development Review Board on
_______________________, 2002
_______________________
Rob Heimbuch, Chair