Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
Development Review Board members present: Rob Heimbuch, Chair, Mike Rainville, Susan Vita, and Greg Swan
Development Review Board members absent: Ken Richardson
Zoning Administrator: Dick Ward
Clerk: Amy Grover
Also present: Bob Linck, VT Land Trust, Lars Botzojorn, Bolton Conservation Commission
1. Application of James and Nancy Tiffany and Daniel Morrissey of Stone Hill Road, Bolton VT for final plat approval of a two (2) lot subdivision, parcel #1 containing 30.5 acres, and parcel #2 containing (approximately) 406 acres, located on the east of Stage Road and west of Notch Road.
2. Minutes – November 20, 2002
3. Any other business or communications.
4. Adjournment.
Rob Heimbuch called the hearing to order at 7:02 p.m.
This hearing was convened to consider the application of James and Nancy Tiffany and Daniel Morrissey for final plat approval of a two (2) lot subdivision, parcel #1 containing 30.5 acres, and parcel #2 containing (approximately) 406 acres.
Bob Linck and Lars Botzojorn appeared on behalf of the application.
Rob Heimbuch swore in Misters Linck and Botzojorn.
Bob Linck reviewed the map of the area, and stated that there were changes to the version of the subdivision that he had presented to the Board at the November 20, 2002 work session. Mr. Linck stated that the Town of Bolton and the Conservation Commission had expressed no interest in maintaining a proposed right of way through the property via Stone Hill Road and the woods/logging road. Lars Botzojorn added that upgrading the woods/logging road would be prohibitively expensive. Mr. Linck stated that instead of using Stone Hill Road and the woods/logging road to access parking, the parking area at the Vast Trail crossing on the Stage Road would be utilized, and that another small parking area might be created.
Mr. Linck added there was what he labeled as a “mystery lot”, which is not part of the proposal (Mr. Linck pointed to the area on the map).
Mr. Linck stated that with the proposed subdivision Tiffany/Morrissey would retain 30.5 acres, and the remainder of the land would be sold to VT Land Trust for conservation, and then deeded to the Town of Bolton.
Susan Vita asked if motorized vehicles would have access, other than snowmobiles using the VAST Trail. Mr. Botzojorn stated that there would be no other motorized access allowed except for the Streeters accessing their camp.
Susan Vita asked if ATVs would be allowed access to the property. Mr. Linck stated that was an issue that would have to be addressed among the partners to resolve in the development of the easement.
Rob Heimbuch asked to clarify how many lots the property was being subdivided into. Bob Linck replied two lots, that the focus was on the line separating the 400+ acre lot from the 30+-acre lot. Rob asked if the two other lots contained within the property were previously subdivided. Mr. Linck replied yes. Greg Swan asked if ultimately the property totaled four lots. Mr. Linck replied yes, but that the current proposal was a two-lot subdivision, a line to separate the Preston Pond piece from the remainder of the property. Dick Ward noted that Mr. Morrissey would eventually propose a further subdivision of the 30.5 acre piece.
Rob Heimbuch asked if the proposal met all requirements. Dick Ward stated yes, that the land was mostly undevelopable, and that within the parcel was a pre-existing subdivision. Susan Vita asked if Mr. Linck was protecting from development land that couldn’t be developed. Mr. Linck replied that the land was not undevelopable, the intent was to conserve the acreage. Mr. Linck noted that in an appraisal a year ago the highest and best use proposed was estate type lots. Mr. Linck stated the deal with the owners was negotiated for conservation and easement.
Mike Rainville asked about an area on the map depicted as “ownership uncertain.” Mr. Linck stated it was a dispute in the process of being cleared up, that the dispute was between the Wheeler Trust and Tiffany/Morrissey. Mr. Linck stated that the appraiser that had done the work suggested there was good reason to believe the property was owned by Tiffany/Morrissey. Mr. Linck added that they were working with the Wheeler family on other conservation transactions. Mike asked if it was a boundary dispute. Mr. Linck replied that he did not know the details of the issue, but that there appeared to be legitimate claims on each side. Mr. Botzojorn added that there was a good working relationship with the Wheelers and Jeff Brown, and that the dispute would be resolved over time.
Greg Swan asked about the location of the VAST trail on the map, as it appeared higher. Mr. Linck stated it was a labeling problem, and depicted the VAST Trail location on the map.
Rob Heimbuch asked if any of the “Woods Road” on the property was paved. Mr. Linck replied no, it was all gravel, and then an unimproved dirt road.
Greg Swan asked how soon the purchase was to be made. Mr. Linck replied that they were due to close by the end of the year, as one of the owners wanted the tax advantage.
Dick Ward noted that in order to draw a deed by the end of the year, Mr. Linck needed the recordable Mylar. Mr. Linck stated that Mr. Button (surveyor) was prepared to do the Mylar right away. Dick suggested Mr. Linck check with the Town Clerk for the Mylar specifications for the Town, and noted that without the Mylar there was not a legitimate subdivision.
Rob Heimbuch made a motion to approve the Tiffany/Morrissey request for final plat approval for a two (2) lot subdivision with the following condition;
1. That the subdivision Mylar be recorded in compliance with the Town Clerk’s requirements within ninety (90) days of subdivision approval.
Mike Rainville seconded the motion.
All were in favor.
7:25 p.m.
Greg Swan made a motion to accept the minutes of November 20, 2002.
Susan Vita seconded the motion.
All were in favor.
The Board and Dick Ward discussed Robert’s Rules of Order, and adoption of rules regarding conflict of interest.
Dick Ward noted that Bolton Valley would be back for another two-lot subdivision on January 22, 2003.
Amy Grover noted that the DRB Annual Report is due on January 15, 2003. Amy will email a draft of the report to the Board for comments and editing.
The hearing was adjourned at 7:35 p.m.
____________________________ , 2003.
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Rob Heimbuch, Chair