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, Peter Monte, attorney for Ned Hamilton
1. Bolton Valley Resubdivision
2. Minutes June 18, 2003
3. Other business or communications
4. Adjournment
Rob Heimbuch called the hearing to order at 7:00 p.m.
Bernie Chenette and Peter Monte appeared on behalf of the application.
Dick Ward stated that the DRB was considering the same resubdivision that it had heard and acted on, on June 18, 2003, and that the action taken by the DRB on June 18, 2003, approval, and the Mylars recorded with the Town Clerk, signed by Chair Rob Heimbuch on June 18, 2003 were null and void. Dick added that the parcels remained the same (129.2 and 136 acres), but not as option areas to be conveyed to Bob Fries within 45 days of subdivision approval as had been stipulated on June 18, 2003. Dick noted that because the parcels were greater than 30 acres, they were considered as a minor subdivision under the Bolton Subdivision Regulations.
Bernie Chenette stated that the plan before the DRB superseded all other plans.
Ken Richardson asked if the two parcels would now be separate. Peter Monte replied yes, that they were for sale, and that barring a sale, they would return to Lyndonville Savings and Trust. Mr. Monte stated that the withdrawal by Mountain Operations and Development Corp., (MOD - Bob Fries) made it necessary to return to the DRB. Mr. Monte added that a copy of Mr. Fries’ letter of withdrawal was on file with the subdivision application documents. Bernie Chenette added that he hoped the DRB understood that he had not misrepresented anything to the DRB at the June 18, 2003 hearing, but that MOD decided not to move forward on acquiring the two option pieces. Rob Heimbuch asked why Mr. Fries had backed out of the deal. Mr. Monte stated that Mr. Fries had a legal reason to withdraw because the permits were not in hand when the contract required it, but that he suspected withdrawal also had to do with the asking price of 350k. Mr. Monte added that there are no sales pending to MOD, that the only sale pending is the 3,396-acre parcel to Redstone/Catamount Bolton Land LLC for 1.7 million.
Rob Heimbuch asked how purchase by Redstone would affect the fire district that has been formed. Peter Monte replied only that the fire district would be doing business with Redstone rather than BVHR. Mr. Monte added that there was a scheduled closing on Thursday, 7/24/03, and that Redstone/Catamount Bolton Land LLC would take control of the wastewater assets immediately, but would have to go before the Public Service Board for approval before taking control of the water division, as it is a regulated utility.
Bernie Chenette asked if Redstone closed on the remaining parcel would the bankruptcy proceedings be concluded. Peter Monte replied yes, except for the two parcels (129.2 and 136 acres), and noted that VT Economic and Development Authority (VEDA) was the second mortgage holder on the property. Mike Rainville asked if VEDA would be paying taxes on the 2 parcels until they were sold. Mr. Monte replied his understanding was that was true.
Greg Swan asked if approval was granted on this application, would there then be 6 lots. Peter Monte replied that actually there would be 7:
· MOD/Bob Fries, 2 lots (because bisected by Town road)
· Silver Bow Communications 1 lot
· Green MT Club – 1 lot
· 129.2 acre lot
· 136 acre lot
· Remainder 3,396-acre lot to be purchased by Redstone.
Mike Rainville asked if the sewer and water was still a part of the 3,396-acre lot. Peter Monte replied yes, and nor would it be separated. Mr. Monte added that there would easements for the physical plant, pipes and well locations, but there were no actual lots. Bernie Chenette noted that there were lots carved out for the water storage tank and that type of thing, but that the sewage treatment plant and leach field was by easement only. Mr. Monte added that there would be no subdivision, but an easement granted to maintain a building on that site, or the leach fields. Mr. Monte stated that Bolton Valley Water and Sewer owns no real estate. He stated that the conveyance/bill of sale to the fire district would be the things integrated in the land; pipes, leach field, and that there would be two deeds, deeded rights by way of easement to maintain the 1.) sewer plant and 2.) water plant. Ken Richardson asked if there were no deeded rights, why were there taxes being paid. Mr. Monte replied that there were real estate interest interests in the nature of the buildings and other things that would be taxed as real estate, but that Bolton Valley Water and Sewer does not own the dirt on which sits, and that there was no deed for Bolton Valley Water and Sewer. Mr. Monte added that this was just one of the wrinkles that were built into the situation.
Greg Swan asked if there were any further subdivision plans that Bernie and Peter were aware of. Mr. Monte replied that the two pieces for sale were the more highly developeable areas by the ski area and added they were being marketed for more intense development. Mr. Monte added that before anyone built anything on those lots, he expected they would come back to the DRB for a subdivision for more intensive development. Mr. Monte stated that was not sure what Redstone's plans were for the 3,396 acre parcel, but that he would expect that some areas of that parcel were more developable than others, and that Redstone would come back for that purpose – the parcel is very large to remain a single lot.
Rob Heimbuch asked if there were any other questions or discussion. There were none. Rob asked if there was a motion. Ken Richardson made the motion to approve the application/revised plan of three parcels as indicated, 129.2, 136, and 3,396 acres 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.
Susan Vita seconded the motion. All were in favor. All the members of the DRB signed the notice of decision prepared by Peter Monte, dated July 22, 2003.
Dick Ward noted that Bernie Chenette would be billed for the cost of the hearing and the recording costs.
Rob Heimbuch signed the Mylar left by Bernie Chenette, prepared by Bernie Chenette/Chenette Associates and Chase and Chase, project number 2002-62, drawing #62-06, dated 7/15/03.
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Agenda Item # 2 – Minutes June 18, 2003
Ken Richardson made a motion to accept the minutes of June 18, 2003.
Mike Rainville seconded the motion.
All were in favor.
Agenda Item #3 – Other business or communications
Dick Ward noted that there would be a scheduled hearing, Wednesday August 20, 2003 @ 7 p.m. at the school for a 2 lot subdivision request by Calvin and Diane Blow, and a sketch plan review for Tiffany/Morrissey.
Agenda Item #4 – Adjournment
Greg Swan made a motion to adjourn.
Susan Vita seconded the motion.
All were in favor.
The hearing was adjourned at 7:45m.
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