RE: Horizon Development Corp., Land Use Permit #4C0841-EB, Memorandum of Decision October 11, 1994 VERMONT ENVIRONMENTAL BOARD 10 V.S.A. Chapter 151 Re: Horizon Development Corp. Land Use Permit #4C0841-EB MEMORANDUM OF DECISION This decision pertains to a plan submitted to fulfill a permit condition issued by the Environmental Board. As is explained below, the Board concludes that the condition is fulfilled. On August 21, 1992, the Environmental Board issued Land Use Permit #4C0841-EB and supporting findings of fact, conclusions of law, and order (the Permit). The Permit authorizes Horizon Development Corp. (the Permittee) to subdivide a 125-acre tract into 11 residential lots and an approximately 80-acre deeded open space lot, and to construct improvements to Blakey Hill Road. The project is in Underhill. No appeal of the permit was filed with the Supreme Court pursuant to 10 V.S.A. § 6089. Condition #19 of the Permit provides: Blakey Road shall be constructed so as to conform to the Vermont Agency of Transportation A-21 standard, including, if possible, a roadway width of 24 feet. The Permittee shall submit to the Board prior to the sale of any of the residential lots and prior to the commencement of construction on Blakey Road, a plan detailing the construction of Blakey Road to a width of 24 feet or the widest width physically possible within the existing right-of-way, but no less than 20 feet. The Board shall retain jurisdiction until such time as this condition has been met. At that time, jurisdiction shall revert to the District Commission. On September 8, 1994, the Permittee submitted a plan and a letter in fulfillment on Condition #19. The plan is entitled "Blakey Road Upgrade" and is dated May 4, 1992. The plan shows Blakey Road at a width of at least 20 feet throughout. The letter is dated August 31, 1994 and is signed by Frank R. O'Brien, P.E. The letter states that, because of the width of the legal right-of-way for Blakey Road, it not possible to go beyond a 20-foot width and still meet the minimum standards for side slopes in cut or fill areas, or width and depth of the roadside swale, contained in the Agency of Transportation's A-21 standard. On September 23, 1994, the Board received comments from the Town of Underhill stating that the Permittee's plan does not fulfill Condition #19 for a variety of reasons. The Town also states that it would like the plan to conform to a town road policy dated December 8, 1993. On September 29, 1994, the Board received comments from the English Settlement Neighbors, a group which was a party before the Board with regard to issuance of the Permit. The Neighbors would like to know if there are any changes or improvements planned for the intersection of Blakey Road and English Settlement Road. The Permittee filed a response to the above-referenced comments on October 5, 1994. The Board deliberated on October 5 and concluded as follows: 1. Condition #19 has been satisfied if Blakey Road is built to the above-cited plan entitled "Blakey Road Upgrade" because it is not possible to build beyond the 20-foot width. 2. The reasons given by the Town for non-fulfillment of Condition #19 do not relate to the width of Blakey Road and are therefore beyond the Board's jurisdiction under Condition #19. In addition, the Board does not believe it is appropriate to apply a 1993 policy to this project which was authorized by a 1992 permit. 3. The question raised by the English Settlement Neighbors regarding changes or improvements to the intersection of Blakey and English Settlement Roads is not relevant to the width of Blakey Road and is therefore beyond the Board's jurisdiction under Condition #19. The Permittee may record this decision on the appropriate land records in the same manner as the Permit was recorded, provided that the Permittee sends copies of this decision as recorded (including book and page numbers) to the offices of the Board and the District #4 Commission within 10 days of recording. In view of the Board's decision, jurisdiction now reverts to the District #4 Commission in accordance with the terms of Condition #19. Dated at Montpelier, Vermont this 11th day of October, 1994. ENVIRONMENTAL BOARD s/s/Arthur Gibb _________________________ Arthur Gibb, Chair Samuel Lloyd William Martinez Robert Opel Anthony Thompson Steve E. Wright horizon.mem(a18)