RE: McDonald's Corporation, Declaratory Ruling Request #307, Dismissal Order (Dec. 1, 1995) VERMONT ENVIRONMENTAL BOARD 10 V.S.A. Chapter 151 Re: McDonald's Corporation Declaratory Ruling Request #307 DISMISSAL ORDER This decision pertains to a petition for declaratory ruling concerning a proposed McDonald's Restaurant to be located on E. Main Street (Route 103) in Ludlow, Vermont (the Project). On November 3, 1995, Chair John T. Ewing issued a prehearing conference report and proposed dismissal order which is incorporated by reference. The Chair proposed to dismiss this petition because, on November 3, the Board received a motion for withdrawal of declaratory ruling from McDonald's Corporation and Joseph and Steven Rolka (the Petitioners). The Petitioners state that they no longer plan to proceed with the Project. The Chair's proposal to dismiss was conditioned as follows: Should the Petitioners at some future date decide to go forward with the Project, they will, prior to construction, either obtain an Act 250 permit or a final ruling that no such permit is needed. Opportunity to object to the proposal was provided. No objections were received. On November 14, 1995, the Petitioners filed a letter seeking clarification on whether the proposed condition was intended only to apply to the Project in particular and not to other commercial development which might be proposed for the relevant tract. The Board deliberated on November 29, 1995 in Montpelier and decided as follows: 1. If conditioned as proposed by the Chair, dismissal of this matter is not contrary to the values embodied in Act 250. 2. This matter is dismissed subject to the following condition: Should the Petitioners at some future date decide to go forward with the Project, they will, prior to construction, either obtain an Act 250 permit or a final ruling that no such permit is needed. 3. The condition stated immediately above applies only to the Project that was the subject of this declaratory ruling petition. 4. Should the Petitioners, either individually or collectively, seek to construct commercial development on the relevant tract, they are encouraged to obtain, prior to construction, either an Act 250 permit or a final ruling that no such permit is needed. Dated at Montpelier, Vermont this 1st day of December, 1995. ENVIRONMENTAL BOARD /s/John T. Ewing John T. Ewing, Chair John M. Farmer Arthur Gibb Samuel Lloyd William Martinez Rebecca M. Nawrath Robert G. Page Steve E. Wright mcburger.dis(a14)