RE:  Stokes Communications Corporation and Bell Atlantic NYNEX Mobile, 
Declaratory Ruling #315, Chair's Preliminary Ruling (April 18, 1996)




                     VERMONT ENVIRONMENTAL BOARD
                        10 V.S.A. Chapter 151
                                   
                Re:  Stokes Communications Corporation
                     and Bell Atlantic NYNEX Mobile
                     Declaratory Ruling #315
                                   
                      CHAIR'S PRELIMINARY RULING
                                   
     I.   BACKGROUND
     
On December 8, 1995, Stokes Communications Corporation and Bell Atlantic
NYNEX Mobile ("Petitioners") filed a petition for a declaratory ruling
("Petition") appealing the District #3 Coordinator's determination that Land
Use Permit Application #3R0703-EB-1 was substantially incomplete.  The
Petition requested that the Board not proceed pending the Petitioners'
attempt to obtain Land Use Permit #3R0703-EB-1.
                                   
On January 24, 1996, the Petitioners confirmed their request that the
Petition's adjudication be held in abeyance. 
                                   
On February 6, 1996, the District #3 Environmental Commission issued Land Use
Permit #3R0703-EB-1.  No appeal has been filed regarding this permit.  
     
On March 29, 1996, the Petitioners requested that the Board dismiss the
Petition.
                                   
     II.  PRELIMINARY RULING
     
Accordingly, pursuant to Environmental Board Rule 16, it is hereby ORDERED:
                                   
1.   The Petition is dismissed with prejudice unless an objection to this
Chair's Preliminary Ruling is filed on or before Friday, May 3, 1996.  Any
such objection must be accompanied by a memorandum stating why the Petition
should not be dismissed.
     
2.   If no objection is filed as required by paragraph #1, then this Chair's
Preliminary Ruling shall become final and the  Petition shall be dismissed
with prejudice.
     
Dated at Montpelier, Vermont, this 18th day of April, 1996.
                             
                                  ENVIRONMENTAL BOARD 
     
                      
                      
                                   s/s John T. Ewing
                                   John T. Ewing, Chair
     c:\pho\dr315.cpr (dp2)