Catamount/Bolton Valley Water & Sewer, LLC

WSID # 5051

Water Quality Report January - December 2004

The purpose of this report is to satisfy the EP A and DEC requirements for Consumer Confidence, Reporting. Although some of the items may not be of interest to you personally, we feel that this is an important aspect of our overall commitment to supply you with the safest quality drinking water possible.

 

This report is a snapshot of the quality of water that we provided for January 1 through December 31, 2004. It also includes the date and results of any contaminants that we detected within the past five years tested less than once a year. Any contaminants detected within the past five years are listed along with the date of detection and concentration. This report is designed to inform you about the quality water and services we deliver to you every day.

 

Water Source Information:

The source if your drinking water is:

Vermont Source Type: Stream

EPA Source Type: Surface, non-purchased

Source Name: Joiner Brook east and west branch

Location: Bolton Valley, VT

Vermont Source Type: Stream

EP A Source Type: Surface, non-purchased

Source Name: Joiner Brook

 

Source Protection Plan: We have a source protection plan available from our office that provides more information such as potential sources of contamination. The Water Supply Division approved our source protection plan on: 2/03/95 and is continually being updated.

 

Sources of Drinking Water and .Contaminants

The sources of drinking water (both tap water and bottled water) include surface water (streams, lakes) and ground water (wells, springs). As water travels over the land's surface or through the ground, it dissolves naturally occurring minerals. It also picks up substances resulting from the presence of animals and human activity. Some "contaminants" may be harmful. Others, such as iron and sulfur, are not harmful.

 

Our System's susceptibility to potential sources of contamination is as follows:

 

·        Microbial organisms (viruses and bacteria) may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.

 

·        Inorganic (chemicals (salts and metals) can be naturally occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, or farming.

 


·        Synthetic Organic chemicals (pesticides and herbicides) may come from agriculture, urban stormwater runoff, residential uses, and careless disposal of household chemicals.

 

·        Volatile Organic chemicals (gasoline and solvents) may come from gas stations, urban stormwater runoff, septic systems, industrial process, and careless disposal of household chemicals.

 

·        Naturally occurring radioactivity

 

Public water systems treat water to remove contaminants, if any are present. In order to ensure that water is safe to drink, we test it regularly according to regulations established by the u.s. Environmental Protection Agency and the State of Vermont. These regulations limit the amount of various contaminants.

 

Water Quality Data:

The table below lists all the drinking water contaminants that we detected during the 2004 calendar year. It also includes the date and results of any contaminants that we detected within the past five years tested less than once a year. The presence of these contaminants in the water does not necessarily mean that the water poses a health risk.

 

Terms and abbreviations:

In this table you may find terms you might not be familiar with. To help you better understand these terms we have provided the following definitions:

 

 

...


Level of detected contaminants:

Contaminant Detected

Level Detected Units

MCL

MCLG

Sample Date

Violation

Y or No

Likely source of detected contaminant

 

Iron

0.010 mg/L

0.300

N/A

11/16/04

No

Erosion of natural deposits. No adverse health effects but can cause staining of fixtures.

 

Lead

39.000 ppb

15.000

0.000

9/05/03

No

Corrosion of household plumbing systems; erosion of natural deposits.

 

Lead

41.000 ppb

15.000

0.000

8/14/03

No

 

 

Lead

41.000 ppb

15.000

0.000

8/14/03

No

 

 

Lead

50.000 ppb

15.000

0.000

8/03/03

No

 

 

Nitrate

0.180 ppm

10.000

10.000

1l/16/04

No

Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits.

 

O-Chlorotoluene

0.600 ug/L

N/A

N/A

6/06/00

No

Used as solvent.

 

Radium-228

0.160 pci/L

N/A

N/A

5/01/02

No

Erosion of natural deposits.

 

Total Haloacetic Acids (HAA5)

0.060-0.095 mg/L

0.060

N/A

2/3/04

Yes

By-product of drinking water disinfection.

Total Trihalomethanes

26.0-72.0 ppb

80.000

N/A

2/3/04

No

By-product of drinking water chlorination.

 

Lead and Copper Action Levels:

Contaminant

Detected

Action

Level

90th

Percentile

Sampling

Date

# sites that exceeded the Action Level

Total # of sites sampled

Likely source of detected contaminant

Copper

1.3 mg/L

0.82

2003

0

10

corrosion of household plumbing systems; erosion of natural deposits.

Lead

15 ppb

41.000

2003

4

10

corrosion of household plumbing systems; erosion of natural deposits.

 

Contaminant Detected

MCL

MCLG

Lowest % of monthly samples meeting MCL during the year

Highest measurement/Date

Violation

Yes or No

Likely source of contaminant

Turbidity

 

TT=% of

samples <0.5

NTU

N/A

100%

0.280 7/29/04

No

Soil run off.

Turbidity is a measure of the cloudiness of the water. We monitor it because it is a good indicator of the quality of water and the effectiveness of the disinfectants.

 

Violation(s) that occurred during the year:

Contaminant

Type of violation

Date/month of Violation

1. Total Haloacetic Acids (HAAS)

MCL, Average

4/1/04

 

Explanation for violation(s):

We routinely monitor for the presence of drinking water contaminants. Testing results were sampled the last four quarters of 2004 that show our system exceeds the standard, or maximum contaminant Level (MCL), for Total Holoacetic Acids. The Standard for Total Haolocetic Acids is 0.60 mg/1. The running annual average result was .099 mg/1.

 

Actions taken to address the violation(s):

Catamount/Bolton Water & Sewer, and the State of Vermont's Water Supply Division, have been working together to determine ways to reduce the levels of Total Haloacetic Acids. Haloacetic Acid is the by-product of drinking water disinfection. We have been working with the State to reduce the levels and still ensure that the chlorine level is sufficient to disinfect the water supply for safe drinking. Our future plan is to begin developing groundwater supplies as part of an effort to eventually eliminate the need for the existing surface water plant.

 

Health effects language for a MCL violation:

This is not an immediate risk. You do not need to use an alternative (e.g. bottled water supply.) Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer. In animal studies, some haloacetics acids have also been associated with reproductive or developmental defects.

 

Additional information:

Infants and young children are typically more vulnerable to lead in drinking water than the general population. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home's plumbing. If you are concerned about elevated lead levels in your home's water, you may wish to have your water tested and flush your tap for 30 seconds to 2 minutes before l.1;._ing tap water. Additional information is available from the Safe Drinking Water Hotline (1-800-426-4791).

 

Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous systems, and may have increased risk of getting cancer.

 

Health information regarding drinking water:

Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV / AIDS or other immune system disorders, some elderly, and infants, can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EP A/CDC guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbiological contaminants are available from EPA's Safe Drinking Water Hotline (1-800-426-4791).

 

Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that the water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Safe Drinking Water Hotline.

 


Owner/Operator and Public Participation Opportunities:

Catamount/Bolton Water & Sewer, LLC is a Class 4 Public Community Water System. The water system's operators are responsible for all daily. water quality and quantity concerns. The primary responsibility of the operators is providing clean safe drinking water to all users.

 

Catamount/Bolton Water and Sewer, LLC is classified and permitted as a surface, non­ purchased water system, operating under water system identification #5051.

 

Contact Information:

Catamount/Bolton Water & Sewer, LLC

C/o Redstone

Attn: John Wakefield

210 College Street

Burlington, Vermont 05401

(802) 658- 7400 ext 28

jswakefield@redstonevt.com

 

Plant Location:

4302 Bolton Valley Access Road

Bolton Valley, VT 05477

(802) 434- 3027

 

Meetings are open to the public. They are held on an as-needed basis and announced in advance.

 

Operator:

Michael Bernadine, Bernadine Environmental Services. Michael holds a Class 4B operators certification. Michael has over 16 years of experience as a water systems operations specialist.

Prior to working for Catamount/Bolton, Michael worked for the State of Vermont Water Supply Division for 5 years.

 

Mike Bernadine

1521 Notch Road

Bolton, VT 05465

 

Assistant/ Operator:

Paul Prim

PO Box 1076

Williston, VT 05495

 


Date: 01/17/2005 05:03 PM

From: "Steven McLeod 123" <sbmcvt@aol.com>      

To: Kurt Ries/Burlington/IBM@IBMUS, "Dave Parot 124" <dparot@woodscrw.com>

Subject: Re: Fw: Water Report--Finally

 

Here's what I've found since the  2004 Annual Meeting:

 

       I spoke with Mike Bernardine of Bernardine Environmental Services, who is contracted by the Bolton Water District owned by Redstone on Oct. 25.  He stated that BV has as good a groundwater system as any in the state.  The water pipes are cleaned with chlorox and phosphates monthly to safeguard against copper and lead.  The groundwater supply is treated with chlorine.  The chlorine treatments affect the taste, but not the quality of the water.  BV has passed all recent tests except that in 2003, BV periodically exceeded the limit re: disinfection byproducts (this is a new EPA standard to make sure the level of water disinfectants in the water supply is not harmful).   He stated the disinfectant situation has improved since and the extent of violations is not generally considered harmful to human health.  

 

      Bernardine left me with the Jan-Dec. '03 Water Quality Report that has been filed with the Health Dept.  The report indicates that the extent of violations are not an immediate risk and users need not resort to bottled water.  The 2004 Report deadline is July 1, 2005.  The report will be sent to all users.  Bernardine indicated that all Village Unit Owners should have been received a copy of the 2003 Water Report previously via mail.

 

      There are 3 sources of possible contaminants in the BV water system: the water source, the filtration plant, and the distribution system (plumbing).  There are about 170 contaminatnts that can affect water purity and a variety of tests of various sophistication levels that are conducted to evaluate these issues.  Ground water systems such as BVs invariably have high organic content, because the source is mountain streams.  The high level of organics has a propensity to activate any lead and copper elements in the plumbing system.

 

      Bernardine did a test for chlorine and phosphate and ph levels at my tap on Dec. 7, 2004 as part of his sample tap testing that is required by the state.  Chlorine, phosphate, and ph levels were approximately at target levels.  The chlorine and phosphate levels are designed to thinly coat the plumbing pipes to prevent excess copper and lead levels in the water.  He also did a test for bacterial contaminants, and no contaminants were found.  A failed bacterial test is serious and triggers a "boil water" alert.  When Bernardine does the state required sample tests for lead and copper sometime between now and the end of February, he will include my tap in the sample so that I can report any issues to you.  

 

      The reason that our water developed more of a chlorine taste last summer is that he adjusted the chlorine content upward and made some water storage tank water recycling rate adjustments to deal with the disinfectant by product issue.  Bernardine is willing to appear before the Association or the Board if the Board desires.

 

      In conclusion, Bernardine states that the water quality at BV is not unhealthy or unsafe, and that the issues he safeguards most is the

lead/copper issue due to the high level of organics in groundwater systems and the disinfectant byproducts issue.  The disinfectant byproducts test was just recently required by the EPA, because previously, disinfectant byproducts had not yet been recognized as a potential water issue. Even if levels of disinfectant by products are excessive, the risk they pose to human health is "extremely remote," according to Bernardine.

 

Bernardine's phone # is 434-3027.

 

Steve McLeod

Unit #123

 

 

Date: 01/21/2005 02:25 PM          

To: Kurt Ries/Burlington/IBM@IBMUS

cc: JessicaBoylan@aol.com, dparot@woodscrw.com, silver_fox@comcast.net,

      DPlimpton@gmavt.net

Subject: Re: Fw: Water Report--Finally

 

Kurt,

 

I'm not sure what the word "fixtures" refers to.  Is it the individual pipe lines to each unit's water tap or communal infrastructure such as treatment tanks, main water line arteries, etc.?

 

If the upcoming lead and copper test on my water tap is negative, it would seem that the communal infrastructure is ok. Further info will be available when the 2004 Water Report is sent to us later this year

 

My report relies on Bernardine's honesty & accuracy and the 2003 Water Report.  I would expect the only way we can get independent confirmation is through independent tests.  I guess its a judgment call and

cost/benefit analysis as to whether that's necessary.   

 

Steve

 

In a message dated 1/19/2005 6:03:19 PM Eastern Standard Time,

ries1@us.ibm.com writes:

 

Thx, Steve much appreciated the water quality write write-up.

 

Any thoughts on the Redstone memo 12/27/04 sent to Village owners, not asking you to follow up, just soliciting any comments.

 

A couple of snippets from the Redstone memo...

 

Lead in your Drinking Water

Although most water fixtures have very low levels of lead in their drinking water, some in our service area have lead levels above the EPA action level of 15 parts per billion (PPB) or 0.015 milligrams of lead per liter of water (mg/l).

 

Safety Precautions

Despite our best efforts to control the water corrosively and remove lead from you water supply, lead levels in some fixtures continue to be high.

 

I am hearing rumors that the fresh water supply infrastructure is in bad condition, even to the point it is getting contaminated from the ground water and that's why more extensive treatment was taking place, Your research would indicate contrary to this lip service, which is a relief.  Wish I could find some documented evidence of the extent of the needed repair / maintenance to the system, such as do we have lead pipe supply lines to our buildings.

 

It would appear Redstone is indicating there is an issue and the question remains on what Redstone's plan is to fix the areas with lead contaminate and if the system is turned over to a public owned Fire District do they have a viable action plan to resolve the issue.

 

Thanks again,

   -Kurt

 

Kurt Ries

 

----- Forwarded by Kurt Ries/Burlington/IBM on 06/06/2005 02:54 PM -----

 

 

Kurt Ries

06/06/2005 02:54 PM         

To: "DiRenzo, Darlene" <DDiRenzo@stl-inc.com>

cc:

From: Kurt Ries/Burlington/IBM@IBMUS

Subject: Re: tap water and lead testing results

 

Hi Darlene good to hear from you and thanks for the water test results.

Please find attached Steve McLeod water research report, that we will be reviewing at the annual meeting 06/25/05.

 

 

Would it be alright to include your finding also? Is there an actual data analysis report you could share?

 

I approached the potable water discussion and any possible actions to repair the water infrastructure with both Redstone the current owners of the system and  Ken Richards of the Bolton Fire District (Public Municipality)  possible future owners of the system, with blank stares and shrugged shoulders.

 

Redstone/Catamount Water 12/27/04 memo indicates:

 

Some in our service area have lead levels above the EPA action level of 15 parts per billion (ppb) or 0.015 milligrams of lead per liter of water (mg/l).

 

Snip...

 

Lead is common metal found throughout the environment.

 

Snip...

 

It enters drinking water primarily as a result of the corrosion, or wearing away, of materials containing lead that in the water distribution system and in the household plumbing. This includes lead-base solder used to join copper pipes, brass and chrome-plated brass faucets, and in some cases, pipes made of lead that connect your house to the water main (service lines).

 

Snip...

 

We suggest that all occupants take the following precautions...

Flushing the tap means running the cold water faucet until the water gets noticeably colder, usually about 15-30 seconds.

 

Thx

   -Kurt

 

Kurt Ries

 

"DiRenzo, Darlene" <DDiRenzo@stl-inc.com>

06/06/2005 09:15 AM         

To: Kurt Ries/Burlington/IBM@IBMUS

cc:

Subject: tap water and lead testing results

 

 

HI Kurt,

 

I grabbed some samples of my tap water to have analyzed for lead and thought I would share the results with you. 

 

I collected two samples first thing in the morning to maximize the contact of the water with the pipes.  I collected two samples, one immediately, and one within about 15-20 secs. 

 

Lead was detected at 3.2 micrograms per liter in the first draw sample and at <3.0 micrograms per liter (below the detection limit of the instrument) in the second. 

 

The federal drinking water standard, termed the maximum contaminant level or MCL for lead is .015 milligrams per liter or 15 micrograms.  As such, our results fall below MCL standards but I still don't like having lead in my water.  Do we know the whereabouts of lead

 

Take care,

 

Darlene   

 

 

 


Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075

Development Review Board Public Hearing Minutes

November 17, 2004

Development Review Board members present: Jerry Chabot, Alternate, Rob Heimbuch, Chair, Mike Rainville, Susan Vita

Development Review Board members absent: Ken Richardson, Margot Pender

Zoning Administrator: Dick Ward

Clerk: Amy Grover

Also present: Amanda and Brian Fuller, Cathy Fuller, John S. Wakefield, Larry Williams, Jenifer Andrews, Joss Besse, Rodney Pingree, Linda Baker


Agenda
1. Fuller Variance
2. Catamount-Bolton Land LLC Sketch Plan Review
3. Minutes – September 15, 2004
4. Other business or communications
5. Adjournment


Call to Order
Rob Heimbuch called the hearing to order at 7:02 p.m. and swore in all that would be giving testimony.

Agenda Item #1 – Fuller Variance
This hearing was convened to consider the request of Brian and Amanda Fuller seeking a variance from Section 2 sub-section D, Dimensional Requirements, requesting permission to construct a 16’ x 35’ addition to a mobile home to within twenty three (23) feet of the required rear yard (twenty five,(25) feet minimum). Property is located at 3210 Theodore Roosevelt Hwy., Tax Map 15, Village I District.

Brian and Amanda Fuller, mobile home owners, and Cathy Fuller, property owner, appeared on behalf of the application.

The Board reviewed the map of the proposed addition, noting that:
• The addition is a proposed “stick built” addition on the back side of the mobile home; request is for a setback variance of two (2) feet from the rear line.
• The rear line of the property is the I89 right of way, and the request does not impact on abutting property owners.
• The proposed addition meets side setbacks.

Brian and Amanda Fuller noted that:
• The existing living room in the mobile home would be turned into daycare space (Amanda operates a registered family day care, a permitted use); the addition used as living space for the family.
• The addition would back up to existing vegetation on the I89 right of way, and would not be visible.

Rob Heimbuch asked if the railroad was an issue. Brian Fuller noted no, as the railroad was located on the other side of Route 2.

Mike Rainville asked if there were any safety concerns regarding out of control vehicles coming into the addition from I89. Brian Fuller stated no, as there were ledges between his home and I89.

Rob Heimbuch asked if the Fullers were restricted by the lot shape as to where the mobile home was sighted. Dick Ward answered that the lot size was 275’ of frontage x 277’ in depth.

Susan Vita asked if the proposed addition could be moved to the front of the mobile home to stay within the required setbacks. Brian Fuller stated that he and Amanda did not want the addition out front, which is why they were there. Kathy Fuller stated that the daycare has a fenced in play area in the front, and that the area in the front would require more site work to bring it up to grade, which would be more expensive. Brian Fuller added that the area in front was also needed for plowing snow.

Susan Vita asked if the addition could be moved to either side. Kathy Fuller stated that would disrupt the fuel tank area, and that the tank couldn’t be moved as it would be under a window, which is not allowed.

Mike Rainville asked if the addition could be made 14’ x 40’ to stay within the required setback. There was no response.

Rob Heimbuch asked if there were any other questions or comments. There were none. Rob called for a motion.

Mike Rainville made the motion to approve the request of Brian and Amanda Fuller for a variance from Section 2 sub-section D, Dimensional Requirements, permission to construct a 16’ x 35’ addition to a mobile home to within twenty three (23) feet of the required rear yard, twenty five (25) feet minimum.

Susan Vita seconded the motion.
.
All were in favor, motion passed.

Dick Ward noted that the Fullers need to come to the Town Office for the building permit.

7:17 p.m.

Agenda Item # 2– Catamount-Bolton Land LLC Sketch Plan Review
Sketch Plan Review. Application for a major subdivision by Catamount/Bolton Land LLC, 210 College Street, Burlington VT, for a nineteen (19) lot subdivision located on the Bolton Valley Access Road. Tax Map #3003227.

Larry Williams and John S. Wakefield appeared on behalf of the application for the sketch plan review.

Larry Williams provided information to the Board noting that:
• He represented the entity - Redstone, that purchased all of the remaining land from the Ned Hamilton era at Bolton Valley, and was at the sketch plan review as the owner of the surrounding (surrounding the actual ski area) land.
• Redstone currently owns 3500 acres, the 60 room hotel, parking garage unit, and the water and sewer company.
• Redstone is in the process of developing a longer term vision for the area, and a piece of that is real estate development.
• In the core of the ski area, Redstone envisions: limited slope side development, a new condominium hotel, additional condominiums, and multi-single family residential development on the 30 acres owned by Bob Fries.
• 1,000 acres were recently subdivided, to be sold to a family for a “family compound with 2 – 4 houses.”

Larry Williams provided an introduction to the proposed subdivision plan stating that: that:
• With his knowledge of the zoning regulations draft (Larry attended several MPG Advisory Committee meetings from February - November 2004), he was concerned about the ability to develop, and therefore was moving faster to allow for some amount of development.
• The subdivision is approximately 300 acres, and would be accessed by the current Broadway ski trail/logging road.
• The subdivision is made up of 19 lots with acreages ranging from 10 to 44 acres.
• The first phase would improve the southern end of Broadway and develop 5 lots, lot numbers 13 to17, which are between 20 – 44 acres each.
• The lots would have drilled wells.
• The existing Catamount Water and Sewer leach fields to the south of lot #13 would remain.
• Suitable soils for individual leach field sites on each lot would be researched, if there were no suitable soils, sewage disposal would be tied into the Catamount Water and Sewer system.
• The old Long Trail lodge, now known as the “Bolton Lodge” is on lot #13, and would belong to the future owner of that lot.
• The “asterisk” on the lots denotes Redstone’s vision of the premium house site.
Redstone’s expectations are that houses would be larger homes, with the chance of being second homes, but not limited to second homes.
• Redstone would schedule meeting/s with a biologist to take up the issue of wildlife habitat, i.e. bear habitat.
• “Broadway” would ultimately become a through road, perhaps in the third phase of development.

Rob Heimbuch asked how additional lots could be tied into Catamount Water and Sewer, as it was his understanding that the current system is already over allocated. Larry Williams stated that technically on the books the system is over capacity, but that the system has a 96,000 gallon/day capacity, and it only averages 50 – 60,000 gallons/day with the exception of peak times, i.e. President’s Day weekend when flows are 85,000 gallons/day. Rob stated that the additional capacity Larry was noting was not his to speak for. Larry stated that Catamount Water and Sewer was working with the State of VT to try to increase the capacity of the system, noting that the system might be taking in up to 30,000 gallons/day in infiltration, and that if infiltration could be eliminated, then they could take advantage of metered flow capacity, providing more potential for capacity. Rob asked that Catamount Water and Sewer leach fields be showed on any subsequent plans.

Mike Rainville noted that it appeared that the subdivision would be impacting the Nordic ski trails, such as Maple Loop, Beaver Pond, Deer Run, Broadway, etc., and asked if the Nordic trails would “go away.” Larry Williams noted that Redstone is committed to a Nordic Center, that it is part of their plan, but he did not know if the Nordic ski trails in that area would be moved next to the road/s, or removed/separated from the residential area. Larry added that future lot owners would have an impact on that decision, that some may like the idea of having ski trails on their property, others may not.

Rob Heimbuch asked if all the lots had road frontage. Larry Williams stated that all the lots had 300’ of frontage on what would be a new road/s, and that he was thinking that the road/s would be private, with maintenance provided by an association. Rob noted that was how the Patrick Smith subdivision was handled, and asked if there were any association bylaws. Dick Ward stated no, that it was too early in the process for association bylaws, but when they were drafted they would be submitted to the Town Attorney’s office for review.

Mike Rainville suggested that Larry speak with BVFD Chief Mike Gervia and Richmond Rescue chief Ed Wildman for their input regarding the road/s. Rob Heimbuch reiterated that the BVFD Chief have an opportunity to review the road/driveway plan/s to be sure that all were satisfactory for emergency access. The group briefly discussed the slope percentages in the area. Dick Ward stated that Mike Gervia would review the maps and the slopes and walk the area/s. Larry Williams stated that he did not believe that 15% slopes for driveways/roads in the mountains were unreasonable. Rob stated that they were if it was your house on fire and the roads were snowy. Dick noted that the BVFD Chief would like to have a substation with a vehicle at Bolton Valley.

Rob Heimbuch asked what price range the lots would be sold for. Larry Williams replied that he had no clue.

Susan Vita asked if power would be underground. Larry Williams replied that he had not thought that far ahead.

Susan Vita asked where the beaver ponds were located in the subdivision. Larry Williams replied that they were on lot #17, and that he envisioned Redstone adding additional ponds as well.

Mike Rainville asked if the 19 lots could be subdivided again. Larry Williams stated that if it came under the proposed Forest District, no, as minimum acreage was 25 acres, though under interim zoning they could be, if larger than 20 acres.

Mike Rainville asked if this application would go through ACT 250. Larry Williams stated yes. Dick Ward stated that the Town could request that an independent engineer review the plans for water and sewer, grades, road construction, and traffic, that all technical information as well as possible school issues would all be reviewed. Rob Heimbuch asked if there would be run off control. Larry replied that yes, there would be design for stormwater controls, erosion controls, that Redstone would be doing all that.

Mike Rainville asked if ACT 250 would also review the intersection of the proposed road and the Bolton Valley Access Road. Dick Ward replied yes. Susan Vita asked if there were any school bus issues for that intersection, if there was sufficient room for a bus stop. Larry Williams replied that the entrance area was flat, and that a current parking lot had room for 5 – 6 cars. Larry added that he did not envision the houses adding a lot of children to the school population. Rob Heimbuch stated that it only took one child to make the bus need to stop. Dick stated that much more data would be gathered and reviewed before the preliminary hearing. Rob asked if that would include building envelopes, driveways, cul-de-sacs, and spurs/turnarounds. Dick replied yes.

Mike Rainville asked where this application would be if the new regulations come into effect while the process is going on. Dick Ward stated that was a legal question. Larry Williams added that he did not have any issue with the density in the new regulations, and that depending on what the new regulations looked like, he may or may not pursue this plan. Larry stated that he wanted to be neighborly and keep the Town up to speed on the plans for development. Larry added he did have issues with the proposed regulations citing:
• Prohibition of dead end roads in excess of 1800’.
• Slope limitations on driveways – not greater than the 10% under VTrans driveway specifications were problematic.
• Slope limitation on building (equal or in excess of 15% is subject to conditional use review, prohibited over 25%).
• Limitation to hook up to the Catamount Water and Sewer System in the proposed Forest District.

Jen Andrews stated that those limitations were set in the best interests of the Town, after careful consideration, research, and discussion throughout the drafting process. Larry Williams stated that one can’t apply suburban limitations to mountain development, that would be the worst thing to do, that the “mountain would go under again”, and that he respectfully disagreed with Jen Andrews.

Linda Baker stated that the proposed regulations had absolutely nothing to do with Larry Williams’ current application for a subdivision under the current interim zoning. Linda added that she was still waiting to hear how Larry Williams’ plan met Interim Zoning requirement # 3.) D. 2.) “Minimum road frontage on an approved town road shall be three hundred feet.”

Dick Ward stated that Larry Williams was only trying to protect himself against the proposed more restrictive regulations. Larry stated that he would petition the Select Board to approve the proposed road as a Town Road, and if not approved, then he could bring the lot line down for frontage on the Bolton Valley Access Road and do a PRD. Rob Heimbuch stated that the subdivision plan had no frontage on a Town Road. Larry replied correct. Dick stated that he would check in with the Select Board on the frontage issue. Rob asked if there would be anything prohibiting Redstone from doing a PRD. Larry replied no. Rob asked if the lot layout would change much. Larry replied yes, there would be a cluster development.

Jerry Chabot asked what would be different with the subdivision under the new zoning regulations. Larry Williams replied that he would not be there this early, that perhaps the lots would be bigger, but there would be no scenario where Redstone would come in with more lots. Larry stated that Redstone had gotten a sense that the Broadway area is “off limits” to development, and in their minds, it is okay to do some development there.

Dick Ward noted that this was a work session, that there would be no motions made for approval.

Dick reviewed the hearing process for the proposed regulations, noting that the Planning Commission hearing is scheduled to be held on December 6, 2004, and will be followed by the Select Board hearing. Amy Grover noted that it was necessary to stay on a hearing timetable that would allow for a vote on the proposed regulations to occur at Town Meeting 2005, as the Select Board had not made a definitive decision clear to the Planning Commission on whether they would choose to adopt the regulations (enabled to do so as of changes to Chapter 117, effective July 1, 2004), or put the regulations out for a vote. Linda Baker added that whatever the Select Board chose, that chosen process would remain so for any future amendments/regulations/plans; if the Select Board chose to vote, then everything subsequently would need to be voted on. Larry Williams asked how long the interim zoning stayed in place. Amy replied that unless it was lifted earlier by the Select Board, interim zoning would be lifted July 23, 2005. Larry Williams stated he thought the interim zoning stayed in place indefinitely. Amy replied no, interim zoning only stays in place for 2 years, with an optional third year, which was enacted on July 23, 2004. If there were not new regulations in place by July 23, 2005, the zoning regulations approved by the Select Board in December 1989, revised in May 1992 would come back into effect. Larry asked what the process was for petitioning. Dick Ward stated that if the Select Board chose to adopt the regulations, they could be petitioned for a vote by 5% of the population.

Rob Heimbuch asked if there were any other questions or comments. There were none.

Agenda Item #3 – Minutes September 15, 2004
Mike Rainville made the motion to accept the minutes of September 15, 2004. Susan Vita seconded the motion. All were in favor, motion carried.

Agenda Item #4 - Other business or communications
Dick Ward noted that he would be leaving for Florida on December 17, 2004 to return in March 2005.

Agenda Item #5 – Adjournment
The hearing was adjourned at 8:45 p.m.

Amy Grover
Clerk, Development Review Board
These minutes are unofficial until accepted.

These minutes were read and accepted by the Development Review Board on

________________________ , 2004

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Rob Heimbuch, Chair