RE:  Stokes Communications Corp. and Idora Tucker, Land Use Permit #3R0703-EB 
(Amendment) March 10, 1994    
     
                      VERMONT ENVIRONMENTAL BOARD
                         10 V.S.A. Chapter 151
     
     Re:  Stokes Communications Corp.        Land Use Permit
          and Idora Tucker                   Amendment #3R0703-EB
          by Stephen R. Crampton, Esq.
          Gravel and Shea
          P.O.Box 369
          Burlington, VT 05402
     
                         MEMORANDUM OF DECISION
     
     
       This decision pertains to two motions to alter filed by, respectively,
  Pierre LaFrance, Richard Theken, Bryant Smith, Elizabeth LaFrance and Joan
  Sax (the Appellants), and Stokes Communications Corp. and Idora Tucker (the
  Permittees), with respect to the Environmental Board's decision of December
  13, 1993.  That decision pertains to an appeal and a revocation petition
  filed with respect to Land Use Permit #3R0703 (the Permit).  The Permit
  authorizes the Permittees to replace a 120-foot broadcasting and
  communications tower with a 300-foot tower on land owned by Idora Tucker.
     
       I.   BACKGROUND
     
       On January 11, 1994, the Appellants filed their motion to alter.
     
       On January 11, 1994, the Permittees filed their motion to alter.
     
       On January 13, 1994, the Appellants filed a supplement to their
  motion.
     
       On January 21, 1994, the Permittees filed a memorandum in opposition
  to the Appellants' motion to alter.
     
       On February 4, 1994, the Appellants filed a response to the
  Permittees' opposition memorandum and a supplemental filing.
     
       On February 7, 1994, the Permittees filed a letter in opposition to
  the Appellants' submission of February 4, 1994.
     
       On February 10, 1994, Board Chair Courtney appointed member Art Gibb
  acting chair of this appeal.
     
       The Board deliberated on both motions on February 11, 1994.
     
          
     
       II.  DECISION
     
       The Board has reviewed both of the motions to alter and denies both. 
  The Board concludes that it is necessarily implied in its decision dated
  December 13, 1993, that the Permittees will need to obtain approval from
  the Federal Aviation Administration (the FAA).  
     
       The Board concludes that its jurisdiction over the Permittees' tower
  overlaps with the FAA's jurisdiction.  The fact that the Permittees may
  have to obtain FAA approval for the light shields does not prevent the
  Board from exercising Act 250 jurisdiction over the tower with regard to
  the light shields.
     
       Finally, the Board concludes that both of the motions to alter do not
  raise any issues not otherwise decided by its decision, and it believes
  that its decision is sound for the reasons stated in the decision.
     
       III. ORDER
     
       The Permittees' motion to alter is denied.  The Appellants' motion to
  alter is denied.  Jurisdiction over this matter is returned to the District
  #3 Environmental Commission.
     
       Dated at Montpelier, Vermont, this 10th day of March, 1994.
     
                                   ENVIRONMENTAL BOARD 
     
                                   s/s/ Arthur Gibb
     
                                   ____________________________
                                   Arthur Gibb, Acting Chair
                                   Ferdinand Bongartz
                                   Lixi Fortna
                                   Samuel Lloyd
                                   Steve Wright
     
     
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