RE: Okemo Realty, Inc., Land Use Permit Amendment #900033-2-EB (May 2, 1996) CASE NO.: 900033-2-EB LAWS/REGULATIONS INVOLVED: APPLICANT: Okemo Realty, Inc. 10 V.S.A. Chapter 151 ADDRESS: by Matthew T. Birmingham, Esq. (Act 250) Fink and Birmingham, P.C. P.O. Box 217 104 Main Street Ludlow, Vermont 05149 The Vermont Environmental Board hereby issues Amended Land Use Permit #900033-2-EB pursuant to the authority vested in it by 10 V.S.A Chapter 151. This permit applies to the lands identified in Book 105, Pages 417-418, and Book 123, Page 561, of the Land Records of Ludlow, Vermont, as the subject of a deed to Okemo Realty, Inc., the Permittee, as grantee. This permit amends the conditions of Land Use Permit Amendment #900033-2, which authorizes the Permittee to "relocate and construct the lower portion of Partridge Road with an access from South Hill Road, and to extend the permit expiration date for lots 7 and 8 (combined into a single building lot), 15, 19-29, 34-36, 43-55, 57-60, 62-63, 67, 69-72, and 75" (the Project). The Project is part of a 77-lot subdivision located off South Hill Road in the Village of Ludlow. The Permittee, and its 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 Amendment #900033-2 (the 1993 Permit), except as amended hereby; (b) the plans, exhibits, and testimony submitted by the Permittee to the Environmental Board; (c) Findings of Fact and Conclusions of Law #900033-2-EB; and (d) the conditions of this permit amendment. No changes shall be made in the Project without the written approval of the District #2 Environmental Commission. 2. To the extent that there is any inconsistency between the plans and exhibits presented by the Permittee to the Board and those presented to the District Commission, the plans and exhibits submitted to the Board shall prevail. 3. To the extent that there is any inconsistency between the findings and conclusions of the Board and those of the District Commission, the Board's findings and conclusions shall prevail. 4. Condition #20 of the 1993 Permit is deleted and shall have no further force and effect. All escrow funds shall be released to the Permittee forthwith. 5. The "lower portion of Partridge Road" referred to in the 1993 Permit is now called Bear Ridge Road. The 1993 Permit and this permit amendment shall be construed to authorize the construction of Bear Ridge Road as shown on the plans submitted by the Permittee to the Board and conditioned by the Board and the District Commission. 6. This permit amendment specifically prohibits the construction of any culvert under Bear Ridge Road which drains toward the so-called Kondracki parcel or toward the property of John Wu on Andover Street or Herbert van Guilder on Bridge Street. 7. Any lots subject to the 1993 Permit or this permit amendment which are combined with another lot or lots into a single building lot may not be separated, through deed or otherwise, without obtaining a permit amendment from the District Commission. 8. Condition #38 of the 1993 Permit is amended to read: 38. This permit shall be for an indefinite term, as long as there is substantial compliance with each condition of all applicable land use permits and permit amendments. Notwithstanding the above, this permit may be found abandoned for nonuse in accordance with 10 V.S.A. § 6091(b), as amended, effective June 21, 1994. 9. Separate and apart from the establishment and continuance of an indefinite term, the 1993 Permit and this permit amendment may be revoked in accordance with 10 V.S.A. § 6090(c) and Environmental Board Rule 38. Dated at Montpelier, Vermont this 2nd day of May, 1996. VERMONT ENVIRONMENTAL BOARD /s/John T. Ewing John T. Ewing, Chair Arthur Gibb Marcy Harding Rebecca M. Nawrath Robert G. Page, M. D. Steve E. Wright