RE:  Edwin and Avis Smith, Application #6F0391-1-EB, Dismissal Order (March 23, 1995)




Page #
              VERMONT ENVIRONMENTAL BOARD
                       10 V.S.A. Chapter 151


Re:  Edwin & Avis Smith,  Application #6F0391-1-EB

                       DISMISSAL ORDER

                       FINDINGS OF FACT

     On December 23, 1994, the District #6 Environmental Commission issued
Partial Findings of Fact and Conclusions of Law and Order ("Decision") in
which it denied application #6F0391-1 ("Application").  The Application,
which was filed by Edwin and Avis Smith, Applicants below and Appellants
herein, sought approval of a master plan for the development of the Smith
Farm, located off Route 104 in St. Albans, Vermont. 

     On January 11, 1995, the Appellants, by and through their attorney, Carl
H. Lisman, Esq., filed an appeal with the Environmental Board from the
Decision ("Appeal").  The Appellants contended that the District Commission
erred when it reviewed the master plan pursuant to the Act 250 criteria.  The
Appellants asserted that the District Commission should have limited its
review of the master plan to the terms and provisions of Condition #20 of
Land Use Permit #6F0391-EB. 

     Michael and JoAnn Manahan and Randall Messier each filed a timely
petition for party status in the Appeal. 

     On Monday February 13, 1995, after due notice, the Board Chair, John T.
Ewing, convened a prehearing conference ("Conference") in this matter. 
Michael and JoAnn Manahan, the Agency of Natural Resources ("ANR"), by and
through its attorney, Kurt Janson, Esq., and several non-party status
petitioners attended the Conference. 

     On February 24, 1995, the Appellants filed a Motion to Withdraw
("Motion") by which they sought permission to withdraw the Appeal.  By letter
dated February 28, 1995, ANR requested that the Board grant the Motion.  No
other responses to the Motion were filed. 

     On March 2, 1995, Board Chair, Ewing, granted the Motion and stayed all
filing deadlines orally agreed upon by the parties at the Conference until
further order of the Board Chair or Board. 

     On March 22, 1995, in Montpelier, Vermont, the Board, pursuant to
Environmental Board Rule 18 (D), moved to dismiss the Appeal.  Immediately
thereafter, it deliberated on its own motion. 



                      CONCLUSIONS OF LAW

     Dismissal of this matter is not contrary to the values embodied in Act
250. 

                            ORDER

     Based upon the foregoing Findings of Fact and Conclusions of Law, this
matter shall be and is hereby DISMISSED. 

     Dated at Montpelier, Vermont this 23rd day of March, 1995.

                         ENVIRONMENTAL BOARD

                         s/s/ John T. Ewing


                         _________________________
                         John T. Ewing, Chair                     
                         John Martin Farmer
                         Arthur Gibb
                         Marcy Harding
                         Samuel Lloyd
                         William Martinez
                         Rebecca Nawrath
                         Steve E. Wright



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