RE: Rockwell Park Associates and Bruce J. Levinsky, Application #5W0772-5-EB,
Dismissal Order February 17, 1994



                     VERMONT ENVIRONMENTAL BOARD
                        10 V.S.A. Chapter 151
     
     Re:  Rockwell Park Associates and Bruce J. Levinsky
          Application #5W0772-5-EB
     
                           DISMISSAL ORDER
     
     This decision pertains to the withdrawal of an appeal filed by the
Applicants with respect to a permit issued for a master plan application to
create an industrial park.
     
     On August 9, 1993, the Environmental Board issued a decision on legal
issues raised in this matter.  Among other things, that decision set the
matter for de novo hearing as requested by the Applicants, and required
that prefiled testimony be filed on or before January 18, 1994.
     
     No party filed prefiled testimony.  Instead, on January 19, 1994, the
Board received a letter from applicant Bruce J. Levinsky stating that he
withdraws the appeal.  No objection to such withdrawal has been filed by
applicant Rockwell Park Associates or by any other party.
     
     The Board deliberated on February 11, 1994 in St. Johnsbury.  Because
no party filed prefiled testimony by the date specified in the Board's
August 9, 1993 decision, and because no party has filed an objection to the
letter of withdrawal, the Board concludes that withdrawal is not contested.
     
     The Board has authority to disallow withdrawal if it concludes that
withdrawal will prejudice the values Act 250 is designed to protect.  Re:
Wilcock and Burns, Declaratory Ruling #224, Memorandum of Decision (Sep.
17, 1990), citing Jones v. Securities & Exchange Commission, 298 U.S. 1, 22
(1936); Oil, Chemical & Atomic Workers International Union, AFL-CIO v.
National Labor Relations Board, 806 F.2d 269, 272 (DC Cir. 1986).  
     
     The Board concludes that withdrawal of this matter is not contrary to
the values embodied in Act 250 because the permit under appeal, Land Use
Permit #5W0772-5, and supporting findings of fact and conclusions of law,
will be binding on the Applicants if the appeal is withdrawn.  In In re
Taft Corners Associates, Inc., #92-215, slip op. at 11-12 (April 30, 1993),
the Vermont Supreme Court concluded that an umbrella permit decision is
final unless appealed within 30 days under 10 V.S.A. § 6089(a).  While in
this matter, an appeal was filed within 30 days, the Board believes that
the logic of the Taft Corners decision should apply with equal force to a
permit when the appeal of the permit is withdrawn prior to final decision. 
     
     If the permit is final, then compliance with its conditions is
required.  Such conditions were included in the permit by the District #5
Commission to protect the values embodied in Act 250.  Accordingly, this
matter should be dismissed.
     
                                ORDER
     
     This matter is dismissed.  Land Use Permit #5W0772-5 and supporting
findings of fact and conclusions of law are final and compliance with the
conditions of the permit is required.
     
     Dated at Montpelier, Vermont this 17th day of February, 1994.
     
     
                              ENVIRONMENTAL BOARD
     
                              /s/ Elizabeth Courtney
     
                              _________________________
                              Elizabeth Courtney, Chair
                              Ferdinand Bongartz
                              Lixi Fortna
                              Arthur Gibb
                              Samuel Lloyd
                              William Martinez
                              Steve E. Wright
     
     
     
     
     
rockwell.dis(awp15)
c:\pah\decision\rockwell.dis
a:\rockwell.dis (decision disk)