RE:  William and Tarra Ferrone, d/b/a Sykes Hollow Kennels, Declaratory Ruling
Request #294, Dismissal Order April 1, 1994


                     VERMONT ENVIRONMENTAL BOARD
                        10 V.S.A. Chapter 151
     
     Re:  William and Tarra Ferrone, d/b/a Sykes Hollow Kennels
          Declaratory Ruling Request #294
     
                           DISMISSAL ORDER
  This decision pertains to the withdrawal of a declaratory ruling request
  filed by William and Tarra Ferrone d/b/a Sykes Hollow Kennels (the
  Petitioners) with respect to a kennel in Town of Rupert, Vermont.
     
    I.   BACKGROUND
     
    On July 1, 1974, the District #8 Environmental Commission issued Land Use
  Permit #8B0080 (the Permit) to Elinor C. Ayers, authorizing the
  construction and operation of a dog kennel in the Town of Rupert, Vermont.
     
    On July 17, 1992, the District Commission issued Land Use Permit
  #8B0080-1 (the Permit Amendment) to the Estate of Elinor C. Ayers,
  authorizing the extension of the expiration date contained in the Permit
  from January 1, 1995 to January 1, 2018.
     
    William and Tarra Ferrone presently run the kennel authorized in the
  Permit, doing business as Sykes Hollow Kennels.  They have operated the
  kennel since July 1992.
     
    Sometime during 1993, the District Commission convened a hearing to
  evaluate complaints about noise allegedly emanating from the kennel. 
  During the hearing, the Petitioners challenged the District Commission's
  authority to impose new conditions to limit noise.
     
    On November 12, 1993, District #8 Coordinator Warren Foster issued
  Advisory Opinion #8-124, concluding that a permit amendment is required for
  the present operation of the kennel because, in his view, that operation
  constitutes a material change from the operation authorized by the Permit
  and Permit Amendment.  In the opinion, the District Coordinator cited
  Environmental Board Rules 2(A)(5) and 2(P) in support of his conclusion.
     
    On December 10, 1993, the Petitioners filed a petition for declaratory
  ruling with the Board pursuant to 10 V.S.A. § 6007(c) and Board Rule 3(C).
     
    Due to the Board's heavy caseload and to confusion caused by a
  confrontation between Governor Howard Dean and the Vermont Senate over
  gubernatorial re-appointments to the Board, the Board was unable to hold a
     
    prehearing conference in this matter until February 17, 1994.  On that
  date, Board Counsel Aaron Adler convened a prehearing conference in West
  Pawlet.
     
    On February 28, 1994, the Board received a petition for party status from
  Edward and Wendy Canning dated February 25, 1994.  On March 2, the Board
  received a correction to that petition.
     
    On March 4, 1994, Counsel issued a prehearing conference report and order
  which is incorporated by reference.  On that date, the Petitioners filed a
  letter stating that they withdraw their declaratory ruling request.  On
  March 9, the Board received by facsimile transmission a response from the
  Cannings to the withdrawal letter.  The Board deliberated on March 9.  
     
    II.  DISCUSSION
     
    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 in this matter will not prejudice the
  values Act 250 is designed to protect because the Board understands that
  this declaratory ruling request was filed to challenge the District #8
  Commission's authority to proceed with a hearing concerning complaints
  about kennel noise.  If the declaratory ruling request is withdrawn, then
  the District Commission's jurisdiction is not challenged, and the District
  Commission is therefore free to proceed with its noise evaluation.
     
    III. ORDER
     
    Based on the foregoing, this matter is dismissed.
     
    Dated at Montpelier, Vermont this 1st day of April, 1994.
     
     
                              ENVIRONMENTAL BOARD
     
     
                              /s/ Lawrence H. Bruce, Jr. (by ADA)
                              ________________________________ 
                              Lawrence H. Bruce, Jr., Acting Chair
                              Lixi Fortna
                              Arthur Gibb
                              Samuel Lloyd
                              William Martinez
                              Steve E. Wright
     
     
     
     
     c:\pah\decision\ferrone.dis
     ferrone.dis (awp16)
     a:\dr294.dis (decision disk)