RE: John D. Berkley, Margaret O. Berkley, John D. Veller, Alan F. and Gudrun H. Stewart, Richard and Cheryl Rusin, L.U.P. #2W0942-EB (Amended)October 27, 1994 CASE NO.: 2W0942-EB LAWS/REGULATIONS INVOLVED: APPLICANTS: John D. Berkley, 10 V.S.A. Chapter 151 Margaret O. Berkley, (Act 250) John D. Veller, Alan F. and Gudrun H. Stewart, Richard and Cheryl Rusin ADDRESS: by James P.W. Goss, Esq. Abell, Kenlan, Schwiebert & Hall P.O. Box 578 Rutland, VT 05702 The Vermont Environmental Board hereby issues Amended Land Use Permit #2W0942-EB pursuant to the authority vested in it by 10 V.S.A Chapter 151. This permit applies to the lands identified in Book 43, Page 37; Book 112, Page 445; and Book 129, Page 449, of the Land Records of the Town of Wilmington, Vermont, as the subject of deeds to John D. Berkley, Margaret O. Berkley, John D. Veller, Alan F. and Gudrun H. Stewart, and Richard and Cheryl Rusin, the Permittees, as grantees. This permit amends the conditions of Land Use Permit #2W0942 (Revised), which authorizes the Permittees to create a seven-lot subdivision. The project is located off Boyd Hill Road in the Town of Wilmington. The Permittees, and their assigns and successors in interest, are obliged by this permit to comply with the following conditions: 1. The project shall be completed, operated and maintained in accordance with: (a) the terms and conditions of Land Use Permit #2W0942 (Revised), except as amended hereby; (b) the plans, exhibits, and written representations submitted by the Permittees to the Environmental Board; (c) Findings of Fact and Conclusions of Law #2W0942-EB; and (d) the conditions of this permit. No changes shall be made in the project without the written approval of the District #2 Environmental Commission. 2. Findings of Fact and Conclusions of Law #2W0942-EB, issued simultaneously with this permit, supplement rather than supersede Findings of Fact and Conclusions of #2W0942 (Revised), issued March 24, 1994. If there is a direct conflict between Findings of Fact and Conclusions of Law #2W0942-EB and Findings of Fact and Conclusions of #2W0942 (Revised), Findings of Fact and Conclusions of Law #2W0942-EB shall control. 3. Condition #13 of Land Use Permit #2W0942 (Revised) is deleted from that permit and new Condition #13 is added to read: 13. The following apply to Lots #8 and #10 and the Rusin and Stewart lots: a. The Permittees, and their successors and assigns, shall include, in any future deeds for Lot #8, Lot #10, or the Rusin or Stewart lots, the following statement: "The property described in this deed is subject to an Act 250 permit and any amendments thereto." b. In the event the Permittees, or their successors or assigns, desire to further divide Lot #8, Lot #10, or the Rusin or Stewart lots, or to engage in non-agricultural construction on any of those lots (with the exception of one single family house and garage and related outbuildings per lot), the Permittees (or their successors or assigns) shall first apply for and obtain a permit amendment for such construction or subdivision from the District #2 Environmental Commission. (The authorized construction is limited to the improvements in the specific locations shown on documents submitted by the Permittee; these documents are described in Finding of Fact #7 issued simultaneously with this permit.) Any such amendment application shall specifically address the impact, if any, of the proposed additional development or subdivision on any primary agricultural soils on these four lots. Dated at Montpelier, Vermont this 27th day of October, 1994. ENVIRONMENTAL BOARD s/s/ Arthur Gibb ___________________________ Arthur Gibb, Chair Rebecca Day Lixi Fortna Samuel Lloyd Robert Page Steve E. Wright berkley.pmt (a17) c:\wp51\decision\berkley.pmt (v)