Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
Development Review Board members present: Rob Heimbuch, Chair, Ken Richardson, Vice Chair, Greg Swan
Development Review Board members absent: Mike Rainville, Susan Vita
Zoning Administrator: Dick Ward
Clerk: Amy Grover
Also present: Bernie Chenette for Bolton Valley Holiday Resort, James Caffry, Esq. For Silver Bow Communications, Susan Shea for the Green Mountain Club.
1. Bolton Valley Holiday Resort – Three Lot Subdivision
2. Minutes December 18, 2002
3. Other business or communications
4. Adjournment
Rob Heimbuch 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 agent, for final plat approval for a three (3) lot subdivision, parcel #1 containing approximately 1,130 acres (Green Mountain Club, Inc.) and parcel #2 containing approximately 142 acres (Silverbow Communications Inc.) with the balance of the land containing approximately 3,398 acres retained located on the Bolton Valley Access Road.
Bernie Chenette, James Caffry, and Susan Shea appeared on behalf of the application.
Rob Heimbuch swore in all parties who would be giving testimony.
Rob Heimbuch asked for information regarding the subdivision.
Bernie Chenette stated that this was a simple re-subdivision not involving any construction, sewer or water, and that the Green Mountain Club (GMC) would be purchasing 1,130 acres, Silver Bow Communications would be purchasing 142 acres, and the balance of the land, 3,398 acres would be retained by Ned Hamilton or Lyndonville Savings and Trust.
Susan Shea stated that the Green Mountain Club would be purchasing the 1,130 acres for conservation and protection of the Long Trail. She noted that this is part of the ongoing effort to permanently protect the Long Trail, there would be conservation restrictions placed, and the land would be transferred to the State of Vermont as Mount Mansfield State Forest land. Ms. Shea stated that the existing use of the land would continue, citing the existing Long, Catamount, and VAST trails on the land, as well as the continued use for hunting and fishing. Ms. Shea noted that there was one Long Trail shelter on the land, Buchanan Shelter.
Rob Heimbuch asked if there would be restrictions on the land, such as the use of four wheelers/ATV’s. Ms. Shea replied that the State does not allow four wheelers/ATV’s at this time, and that the conservation restrictions put on the land would be to prevent development.
Rob Heimbuch asked if any roads crossed the land. Ms. Shea replied no, there was only a small amount of frontage on the Bolton Notch Road.
Ken Richardson asked where Bryant Lodge was in relation to the property being purchased. Ms. Shea showed the Board a map of the Long Trail and the shelter in relation to the land being purchased.
Ken Richardson stated he had grave concerns regarding hunting season, and the conveyance of the land to the State. Ken stated that it could be dangerous to tourists and hikers during fall foliage season, as very popular hiking trails are close to the land being purchased. Ken stated that even though the land is not now posted it is private property, and once it is transferred to the state, hunting would greatly increase. Susan Shea replied that all state lands are open to hunting, but did not believe that the area received a lot of hunting pressure as it is high elevation, and long distances to take deer out. Ms. Shea that that the State would have to deal with that issue in the future, and noted that the entire Long Trail is open to hunting, that it is a concern, but there had never been an incident on the Long Trail. Ms. Shea stated that she did not believe there would be much change as opposed to what was happening now, noting that the area is not posted now. Ken replied he felt it was a huge change, that the land would be advertised as state hunting land, whereas previously it had acted as a 1,000-acre buffer, and that hunters would be accessing the area from the resort, and shooting down into the resort area. Ms. Shea noted that the State would have a right to put restrictions on the land if there was a problem. Dick Ward stated that the Fish and Game would have to take a look at the issue if it was a concern to the Town.
Rob Heimbuch asked if the land was over the ridge of the mountain. Susan Shea replied the Long Trail was right on the ridge, but most of the land was on the east side of the ridge, with a little bit on the west side to protect the trail. Ms. Shea noted that the state grant was covering the cost of a survey, and that in the long run it was worthwhile to have the boundaries marked. Ken Richardson asked if the Long Trail was going to be moved. Ms. Shea replied that if the trail were moved, this particular portion of trail and shelter (Buchanan) would be kept as a side trail. Rob asked how the boundaries would be marked. Ms. Shea replied by the surveyor’s ax blaze and paint, no fencing. Rob asked if there would be any improvements on the land. Ms. Shea replied not at this time, and any future improvements, such as a new shelter, would come under the Bolton bylaws.
Dick Ward asked if there was any significance to Silver Bow Communications purchasing 100+ acres of land. Bernie Chenette replied that Ned Hamilton had drawn the line, and that Silver Bow just wanted to control the ridgeline. James Caffry noted that control of the ridge was indeed wanted, but he didn’t know if it was for future tower use or to prohibit a competitor from doing the same. Rob Heimbuch asked what was on the peak now. James Caffry stated a single tower which is leased from Montpelier Broadcasting, and that Silver Bow is purchasing the tower site as well as the remaining ridgeline, that the tower lease would remain, and that the tower is accessed by ski trails. Rob asked if the tower was currently in use. Mr. Caffry replied yes, it houses WNCS radio. Dick asked if there were any cell antenna’s on the tower. Mr. Caffry replied no.
James Caffry noted that the ACT 250 permit for this subdivision was issued on 1/15/03, that there were two separate applications and two separate permits issued, resulting in a total of four from what originally was one. Mr. Chenette noted that this was a minor ACT 250 review with a public comment period, and that no one had commented.
Dick Ward noted that at this point the Bolton Valley subdivision process ceased being a minor subdivision, and that any further subdivision would be a major subdivision. Dick noted that he had received some agency input with regard to creation of lots 5 and 6 (as Bernie Chenette had previously shown a six lot sketch plan), and cautioned the Board that if the Bolton Valley subdivision process continues, there will be more issues to deal with. Bernie Chenette noted that the agency comments on both applications had mentioned concerns such as Goose Pond, bear habitat, floating mats, rare plants, cliffs, and that whomever wants to develop the rest of the area will have to address those environmental concerns Mr. Chenette noted that one of those original 6 lots was the water and sewer company, and that the fire district, if successful, would also have to address those agency concerns.
Dick Ward asked if Ken Richardson felt his concerns about the hunting issue warranted a review by the Fish and Game Department. Ken noted that he was surprised that the GMC hadn’t addressed the hunting issue with the state. Susan Shea stated that she would raise the concerns with the appropriate agencies, such as the VT Housing Conservation Board with whom the GMC was working with and receiving grant funding from for the purchase. Dick noted that he would be meeting with a Fish and Game Warden with whom he would also red flag the issue. Rob Heimbuch asked if Ken’s concerns about the hunting issue would be treated differently between the two parcels of land. Dick stated that it was appropriate to have a condition that has a State agency, such as Fish and Game raise the concerns about the fall foliage/tourist hiking/hunting season with the GMC piece, and the group discussed the language of the condition.
Rob Heimbuch asked if there were any other questions or comments. There were none.
Ken Richardson made a motion to approve the application of Bolton Valley Holiday Resort for final plat approval for a three-lot subdivision subject to the following conditions;
1. That the applicant acquires all permits necessary under ACT 250.
2. That the subdivision Mylar be recorded in compliance with the Town Clerk’s requirements within ninety (90) days of subdivision approval.
3. Prior to any subsequent conveyance of the 1,130-acre parcel to the Sate of Vermont, the Green Mountain Club shall notify, in writing, the Vermont Department of Fish & Wildlife of the concerns of the Town of Bolton regarding the potential increased use of the 1,130-acre parcel for hunting in close proximity to the ski resort.
Greg Swan seconded the motion.
All were in favor.
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Agenda Item # 2 – Minutes December 18, 2002
Greg Swan made a motion to accept the minutes of December 18, 2002.
Ken Richardson seconded the motion.
All were in favor.
Agenda Item #3 – Other business or communications
Rob Heimbuch signed the Mylar for the Bolton Valley Resort subdivision (granted approval on November 20, 2002).
Dick Ward stated that Patrick Smith would be returning to the Board for a re-subdivision, conveying 5+ acres of the cliff area off of the Bolton Notch Road to CRAG VT. Dick noted that if Mr. Smith had the application completed in time, the hearing would be warned for February 19, 2003.
Agenda Item #4 – Adjournment
The hearing was adjourned at 8:10 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
________________________ , 2003 _________________________________
Rob Heimbuch, Chair