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SKIVT-L  November 2003, Week 3

SKIVT-L November 2003, Week 3

Subject:

Re: Bolton alert - Friday meeting

From:

"Jim B." <[log in to unmask]>

Reply-To:

Vermont Skiing Discussion and Snow Reports <[log in to unmask]>

Date:

Mon, 17 Nov 2003 15:52:46 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (142 lines)

Definitely wish I could go, Hal.  Alas, we have house guests that night...

Anyone truly interested, read on.  Others, hit delete key now.

Looks like Ned Hamilton's dream of developing the land west of the access
road above the S Curve might become a reality.  Not a huge chunk of land,
even though 3,396 acres sounds like a lot.  Anything above 2,500' may not
be legally developed, and the topography and water resources wouldn't
support very high density.  Ned had wanted about 2 dozen luxury log homes
or A-frames or someting similar on fairly large lots, with a modest access
road running up the canyon where a current fire road / XC trail lives.  Not
sure what Redstone's plans are, but between Bolton's DRB and Act 250, some
serious safeguards against nauseating condos exist.  It could be done quite
well.  They don't have history on their side (search "Broken Valley" in the
list archives), but they do have a housing shortage in Chittenden county on
their side, as well as the exit of Mr. No Highway Exits, Gov. Dean.  We'll
see...

What Redstone bought...

http://www.redstonevt.com/html/project.php3?
category=Development&PropertyStatus=Current

How it happened (minutes from Town of Bolton Dev. Review Board meeting this
July):

Agenda Item #1 – Bolton Valley Subdivision
This hearing was convened to consider the application of Bolton Valley
Holiday Resort, Ned Hamilton, agent, for a resubdivision.  The two parcels,
parcel #1 – 136 acres and parcel #2 – 129.2 acres are located on the Bolton
Valley Access Road, and prepared by Bernie Chenette, Chenette Associates,
and Chase and Chase, project number 2002-62, drawing #62-06 dated 7/15/03.

Bernie Chenette and Peter Monte appeared on behalf of the application.

Dick Ward stated that the DRB was considering the same resubdivision that
it had heard and acted on, on June 18, 2003, and that the action taken by
the DRB on June 18, 2003, approval, and the Mylars recorded with the Town
Clerk, signed by Chair Rob Heimbuch on June 18, 2003 were null and void.
Dick added that the parcels remained the same (129.2 and 136 acres), but
not as option areas to be conveyed to Bob Fries within 45 days of
subdivision approval as had been stipulated on June 18, 2003.  Dick noted
that because the parcels were greater than 30 acres, they were considered
as a minor subdivision under the Bolton Subdivision Regulations.

Bernie Chenette stated that the plan before the DRB superseded all other
plans.

Ken Richardson asked if the two parcels would now be separate.  Peter Monte
replied yes, that they were for sale, and that barring a sale, they would
return to Lyndonville Savings and Trust.  Mr. Monte stated that the
withdrawal by Mountain Operations and Development Corp., (MOD - Bob Fries)
made it necessary to return to the DRB.  Mr. Monte added that a copy of Mr.
Fries’ letter of withdrawal was on file with the subdivision application
documents.  Bernie Chenette added that he hoped the DRB understood that he
had not misrepresented anything to the DRB at the June 18, 2003 hearing,
but that MOD decided not to move forward on acquiring the two option
pieces.  Rob Heimbuch asked why Mr. Fries had backed out of the deal.  Mr.
Monte stated that Mr. Fries had a legal reason to withdraw because the
permits were not in hand when the contract required it, but that he
suspected withdrawal also had to do with the asking price of 350k.  Mr.
Monte added that there are no sales pending to MOD, that the only sale
pending is the 3,396-acre parcel to Redstone/Catamount Bolton Land LLC for
1.7 million.

Rob Heimbuch asked how purchase by Redstone would affect the fire district
that has been formed.  Peter Monte replied only that the fire district
would be doing business with Redstone rather than BVHR.  Mr. Monte added
that there was a scheduled closing on Thursday, 7/24/03, and that
Redstone/Catamount Bolton Land LLC would take control of the wastewater
assets immediately, but would have to go before the Public Service Board
for approval before taking control of the water division, as it is a
regulated utility.

Bernie Chenette asked if Redstone closed on the remaining parcel would the
bankruptcy proceedings be concluded.  Peter Monte replied yes, except for
the two parcels (129.2 and 136 acres), and noted that VT Economic and
Development Authority (VEDA) was the second mortgage holder on the
property.  Mike Rainville asked if VEDA would be paying taxes on the 2
parcels until they were sold.  Mr. Monte replied his understanding was that
was true.

Greg Swan asked if approval was granted on this application, would there
then be 6 lots.  Peter Monte replied that actually there would be 7:
·       MOD/Bob Fries, 2 lots (because bisected by Town road)
·       Silver Bow Communications 1 lot
·       Green MT Club – 1 lot
·       129.2 acre lot
·       136 acre lot
·       Remainder 3,396-acre lot to be purchased by Redstone.

Mike Rainville asked if the sewer and water was still a part of the 3,396-
acre lot.  Peter Monte replied yes, and nor would it be separated.  Mr.
Monte added that there would easements for the physical plant, pipes and
well locations, but there were no actual lots.  Bernie Chenette noted that
there were lots carved out for the water storage tank and that type of
thing, but that the sewage treatment plant and leach field was by easement
only.  Mr. Monte added that there would be no subdivision, but an easement
granted to maintain a building on that site, or the leach fields.  Mr.
Monte stated that Bolton Valley Water and Sewer owns no real estate.  He
stated that the conveyance/bill of sale to the fire district would be the
things integrated in the land; pipes, leach field, and that there would be
two deeds, deeded rights by way of easement to maintain the 1.) sewer plant
and 2.) water plant.  Ken Richardson asked if there were no deeded rights,
why were there taxes being paid.  Mr. Monte replied that there were real
estate interest interests in the nature of the buildings and other things
that would be taxed as real estate, but that Bolton Valley Water and Sewer
does not own the dirt on which sits, and that there was no deed for Bolton
Valley Water and Sewer.  Mr. Monte added that this was just one of the
wrinkles that were built into the situation.

Greg Swan asked if there were any further subdivision plans that Bernie and
Peter were aware of.  Mr. Monte replied that the two pieces for sale were
the more highly developeable areas by the ski area and added they were
being marketed for more intense development. Mr. Monte added that before
anyone built anything on those lots, he expected they would come back to
the DRB for a subdivision for more intensive development.  Mr. Monte stated
that was not sure what Redstone's plans were for the 3,396 acre parcel, but
that he would expect that some areas of that parcel were more developable
than others, and that Redstone would come back for that purpose – the
parcel is very large to remain a single lot.

Rob Heimbuch asked if there were any other questions or discussion.  There
were none.  Rob asked if there was a motion.  Ken Richardson made the
motion to approve the application/revised plan of three parcels as
indicated, 129.2, 136, and 3,396 acres with the following conditions;
1.     That the applicant acquires all permits necessary under ACT 250.
2.     That the subdivision Mylar be recorded in compliance with the Town
Clerk’s requirements within ninety (90) days of subdivision approval.

Susan Vita seconded the motion.  All were in favor. All the members of the
DRB signed the notice of decision prepared by Peter Monte, dated July 22,
2003.


-Jim B.

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