Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
Development Review Board members present: Rob Heimbuch, Chair, Mike Rainville, Ken Richardson, Vice Chair, Greg Swan, Susan Vita
Development Review Board members absent: None
Zoning Administrator: Dick Ward
Clerk: Amy Grover
Also present: Bernie Chenette, Chenette Associates
1. Bolton Valley Resubdivision
2. Minutes April 16, 2003
3. Other business or communications
4. Adjournment
Rob Heimbuch called the hearing to order at 7:00 p.m.
Bernie Chenette appeared on behalf of the application.
Rob Heimbuch asked for information regarding the proposed resubdivision.
Bernie Chenette reviewed the map of the property, and stated that Bolton Valley Holiday Resort’s two option parcels, of 136 and 129.2 acres would be conveyed to and merged with Bob Fries Lot #1, which is currently 708 acres, and would not be creating 2 additional separate lots. Mr. Chenette added that after the conveyance, there would still only be two lots owned by Bob Fries, Lot #1, which would now total 973 acres and Lot #2, 16.3 acres (that acreage remain unchanged, and includes the snowmaking pond, across the Bolton Valley Access Road). Mr. Chenette added that the difference in the total amount of acreage which the Bolton Listers had questions about was a result of the survey done by the Green Mountain Club on their piece of the property purchased from Bolton Valley Holiday Resort. Mr. Chenette stated that when their survey information was put into the computer, Bob Fries’ lot ended up being longer than the previous computer generated survey, and the Green Mountain Club’s lot smaller, less than the 1,000+ acres. Mr. Chenette noted that as more accurate information is added, acreage amounts change.
Mr. Chenette stated that this plan supersedes all previous plans.
Ken Richardson asked Bernie Chenette on whose behalf was he present. Mr. Chenette replied Bankruptcy Court, and added that the Court wanted to close on this parcel and the remaining parcel of 3,000+ acres possibly to Redstone Development by July 1, 2003. Ken asked if Mr. Fries wanted his property to be one whole parcel and not three. Mr. Chenette stated that Mr. Fries was not setting up an entity to hold the two option pieces, and only wanted one parcel.
Rob Heimbuch asked if approved, would the subdivision still only be two lots, the now 973-acre lot and the 16.3-acre lot. Bernie Chenette replied yes, and owned by Bob Fries. Rob asked if in the future the inner boundary lines of the option pieces would disappear. Mr. Chenette replied yes.
Dick Ward asked how the legal definition of the 973-acre parcel would read, adding that there couldn’t be three deeds, as each deed would represent a parcel of land. Bernie Chenette stated that the deed would be amended to reflect the change. Dick noted that he had warned the application as a resubdivision for BVHR because it is not a new subdivision but rather a broad view boundary adjustment.
Greg Swan asked if there had been any stipulations placed on the first parcel; i.e. ski area operations only. Dick Ward stated that there was no power to dictate the use of the land, and added that if Mr. Fries did desire to build condominiums in the future, he would have to come back to the DRB. Dick added that more action will require a major review, and that the ACT 250 permits are not new, but amended.
Susan Vita asked what the plans were for the property. Bernie Chenette replied that there was no sewage, he knew that much (laughter), and added that Mr. Fries company was Mountain Operations and Development Corporation, that it was prime real estate, and Mr. Fries might hope to develop some ski in ski out slopeside condos if the onsite soils would support that. Mr. Chenette noted that one parcel included some of the cross country ski trails.
Dick Ward noted that the DRB could stipulate that this was the creation of a larger lot, not two additional parcels. Rob Heimbuch added that the lots were being integrated.
Bernie Chenette stated that a likely scenario in the future if Redstone closed on the remainder of the land would be large lot subdivisions of 100 acres with high-end homes. Dick Ward noted that the lots would have to have their own sewer and water.
Greg Swan asked if both Bob Fries and Redstone closed on their respective parcels, would the Bankruptcy Court be finished. Bernie Chenette replied yes.
Rob Heimbuch asked if there were any other questions or comments.
Ken Richardson asked what would happen if Bob Fries backs out of the deal. Dick Ward stated that was the reason the decision needs to contain stipulations that two additional lots are not being created, that these are lots that are being merged, and that if there is no closing, these two option areas would return to the remainder of the acreage.
Bernie Chenette noted that if there is no closing by July 1, 2003, the remainder of the land retained by Ned Hamilton would return to Lyndonville Savings and Trust.
Rob Heimbuch asked if there were any other issues. There were none.
Greg Swan made a motion for the DRB to enter a deliberative session. Susan Vita seconded the motion. All were in favor.
Results of Deliberative Session
Ken Richardson made a motion to approve the Applicant’s request for a subdivision of two option areas, parcel #1 – 136 acres, and parcel #2 – 129.2 acres to be conveyed to Bob Fries for a total of 973 acres located on the Bolton Valley Access Road with 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. If these two option areas, parcel #1 – 136 acres, and parcel #2 – 129.2 acres are not conveyed from Bolton Valley Holiday Resort, Ned Hamilton, to Bob Fries, Mountain Operations and Development Corporation within forty five (45) days of subdivision approval, subdivision approval is null and void.
4. These two option areas, parcel #1 – 136 acres, and parcel #2 – 129.2 acres are to be merged with Bob Fries’ existing lot identified by Chase and Chase as Lot #1, for a total of 973 acres.
Greg Swan seconded the motion.
All were in favor.
Rob Heimbuch signed the Mylar left by Bernie Chenette, prepared by Bernie Chenette/Chenette Associates and Chase and Chase, project number 2000-62, dated 12/11/02.
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Agenda Item # 2 – Minutes April 16, 2003
Mike Rainville made a motion to accept the minutes of April 16, 2003.
Greg Swan seconded the motion.
All were in favor.
Agenda Item #3 – Other business or communications
Dick Ward noted that Tiffany/Morrissey would be returning for a work session regarding a subdivision, possibly in July, with a public hearing to follow at a later date.
Agenda Item #4 – Adjournment
Ken Richardson made a motion to adjourn.
Susan Vita seconded the motion.
All were in favor.
The hearing was adjourned at 7:35 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
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Rob Heimbuch, Chair