RE:  HS Development, Inc. and Stratfield Associates, Application #700002-10B-EB
(Interlocutory Appeal), Dismissal Order (February 23, 1995)




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

RE:  HS Development, Inc. and Stratfield Associates
     Application #700002-10B-EB (Interlocutory Appeal)


                       DISMISSAL ORDER

          On December 30, 1994, a motion for interlocutory appeal was filed
with the Environmental Board by HS Development, Inc. and Stratfield
Associates (the Applicants).  The motion pertains to a decision by the
District #2 Chair not to waive the application fee.  Also on December 30, the
Applicants filed a motion for reconsideration with the District Chair. 
Therefore no action was taken on the interlocutory appeal.  On January 10,
1995, the District Chair issued a decision declining to reconsider.  The
application seeks approval of a "recreational development to include 2004
dwelling units and 700 hotel units" located in the Town of Wilmington,
Vermont. 

     On February 6, 1995, the Board received a letter from the Applicants
stating they wished to withdraw the appeal.  They state they will pay the
disputed fee under protest and file an appeal once the District Commission
decides the merits of the application.  The Board deliberated on February 22,
1995 in Montpelier, Vermont and decided that dismissal of this matter is not
contrary to the values embodied in Act 250.  Therefore, this appeal is
dismissed.  The Applicants may pay the fee under protest and may file an
appeal concerning the decision not to waive the fee within 30 days of the
District Commission's final decision on the application. 

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

                                     ENVIRONMENTAL BOARD



                                     /s/John T. Ewing
                                     John T. Ewing, Chair
                                     John M. Farmer
                                     Arthur Gibb
                                     Samuel Lloyd
                                     William Martinez
                                     Robert Page
                                     Steve E. Wright


c:\pah\decision\70000210.dis