RE:  Old Stage Estates Homeowners Association, Declaratory Ruling #330, 
Dismissal Order  (Dec. 19, 1996)


                      VERMONT ENVIRONMENTAL BOARD
                        10 V.S.A. §§ 6001-6092
          
Re:  Old Stage Estates Homeowners Association 
     Declaratory Ruling Request #330
          
                            DISMISSAL ORDER
          
       In this decision, the Environmental Board ("Board") dismisses a
  petition for declaratory ruling filed by Old Stage Estates Homeowners
  Association.
          
          I.   FINDINGS OF FACT 
          
       On July 25, 1996, the District Coordinator for the District #4
  Environmental Commission ("District Commission") issued a Jurisdictional
  Opinion in the form of a Project Review Sheet ("Jurisdictional Opinion") in
  which he determined that the removal of a pedestrian bridge across Allen
  Brook ("Project") in Old Stage Estates, Williston, Vermont requires an
  amendment application pursuant to 10 V.S.A. §§ 6001-6092 ("Act 250").
          
       On July 31, 1996, Old Stage Estates Homeowners Association
  ("Petitioner") filed application #4C0662-2 ("Application") with the
  District Commission for an Act 250 permit for the Project. 
          
       On August 27, 1996, the Petitioner filed a petition for a declaratory
  ruling ("Petition") with the Board.  The Petition appeals the
  Jurisdictional Opinion and contends that the Project does not require an
  Act 250 amendment application.
          
       On October 25, 1996, the District Commission issued Findings of Fact,
  Conclusions of Law, and Order ("Decision") in which it denied the
  Application. 
          
       A prehearing conference regarding the Petition was scheduled for
  October 29, 1996.  On October 29, 1996, the Board received a letter from
  Lee Hurd on behalf of the Petitioner which stated that the Petitioner
  wishes to withdraw the Petition.  No one attended the prehearing
  conference.
          
       On November 1, 1996, Chair John T. Ewing issued a Chair's Preliminary
  Ruling and Dismissal Order ("Dismissal Order").  The Dismissal Order
  dismissed the Petition and stated that the Dismissal Order would become
  final unless a written objection to it was filed on or before Wednesday,
  November 13, 1996.  The Board did not receive any objection to the
  Dismissal Order on or before November 13, 1996.    
          
       On December 18, 1996, the Board deliberated in this matter.  
          
               
          
          II.  CONCLUSIONS OF LAW
          
       Environmental Board Rule ("EBR") 16(B) allows the Board Chair to make
  preliminary rulings as to procedural matters, including interpretation of
  the EBRs.  EBR 18(D) allows the Board to dismiss any matter before the
  Board for reasons provided by the EBRs, by statute, or by law.  
          
       In this case, the Petitioner withdrew its petition and no one appeared
  at the prehearing conference.  Subsequently, Chair Ewing issued a Chair s
  Preliminary Ruling and Dismissal Order ("Dismissal Order") pursuant to EBR
  16 (B) and 18(D).  The Dismissal Order dismissed the Petition and stated
  that the Dismissal Order would become final unless a written objection to
  it was filed on or before Wednesday, November 13, 1996.  The Board did not
  receive any objection to the Dismissal Order on or before November 13,
  1996.    
          
       Based on the foregoing, the Petition is dismissed pursuant to EBR
  18(D).
          
          III. ORDER
          
       The Petition is hereby dismissed.
               
       Dated at Montpelier, Vermont this 19th day of December, 1996.
          
                                        ENVIRONMENTAL BOARD
          
          
                                        /s/John T. Ewing                 
              
                                        John T. Ewing, Chair
                                        John M. Farmer
                                        Arthur Gibb
                                        Marcy Harding
                                        Samuel Lloyd
                                        William Martinez
                                        Rebecca M. Nawrath
                                        Steve Wright