RE:  Gregory and Janice Stanford and Michael Clifford, (Barrows Town 
Subdivision), Declaratory Ruling Request #312, Chair's Preliminary Ruling
(Jan 4, 1996)

                     VERMONT ENVIRONMENTAL BOARD
                        10 V.S.A. Chapter 151
     
     Re:  Gregory and Janice Stanford and Michael Clifford
          (Barrows Town Subdivision)
          Declaratory Ruling Request #312
     
                      CHAIR'S PRELIMINARY RULING
     
       On October 16, 1995, Michael Clifford and Gregory and Janice Stanford
  (the "Petitioners") filed petitions for a declaratory ruling with the
  Environmental Board.  The petitions appeal Jurisdictional Opinion #1-256
  issued by the District #1 Coordinator on September 14, 1995.  The petitions
  pertains to whether the so-called Barrows-Towne Subdivision in Sherburne,
  Vermont (the "Subdivision") is subject to 10 V.S.A. Chapter 151 ("Act
  250").
     
       On November 2, 1995, Associate General Counsel David L. Grayck issued
  an Act 250 Notice of Prehearing Conference informing the parties that a
  prehearing conference would be convened on November 27, 1995.
     
       On November 9, 1995, the Petitioners filed a letter which (i) requests
  that the prehearing conference be postponed, and (ii) states that they will
  withdraw their request for a declaratory ruling if Act 250 permits are
  issued for their lots within the Subdivision.
     
       On November 14, 1995, the District #1 Environmental Commission issued
  Act 250 Land Use Permit #1R0790 (the "Permit) to Sara Gilbert et. al..  The
  Permit applies to the lands identified in book 20, page 284 of the land
  records of the Town of Sherburne, Vermont, and approves, in part, the
  creation of lots #11A and 18 within the Subdivision, owned, respectively,
  by the Petitioners.  No appeal has been filed from the Permit, and the
  applicable appeal period has run.
     
       Accordingly, based on the Petitioners' November 9, 1995 letter and no
  appeal of the Permit, and pursuant to Environmental Board Rule 16, it is
  hereby ORDERED:
     
       1.   The Petition is dismissed with prejudice unless a objection to
  this Chair's Preliminary Ruling is filed on or before Friday, January 19,
  1996.

       2.   If no objection is filed as required by paragraph #1, then this
  Chair's Preliminary Ruling shall become final.
     
       Dated at Montpelier, Vermont, this 4th day of January, 1996.
     
     
                                   ENVIRONMENTAL BOARD 
     
     
     
                                   ____________________________
                                   John T. Ewing, Chair
     
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