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Home My WebLink AboutSD-24-13 - Supplemental - 1699 Hinesburg Road (5) LAND USE PERMIT AMENDMENT State of Vermont Natural Resources Board District 4 Environmental Commission 111 West Street Essex Junction, VT 05452 [phone] 802-879-5614 https://nrb.vermont.gov/ This is a PROPOSED permit amendment. Please submit any written comments to Kevin Anderson at kevin.anderson@vermont.gov and to NRB.Act250Essex@vermont.gov, or by hardcopy to the District 4 Environmental Commission at 111 West Street, Essex Junction, VT 05452, on or before July 1, 2024. This permit amendment will NOT be issued until the Commission receives and reviews the following information: 1. Comment from the Vermont Agency of Transportation regarding proposed condition 7. JJJ South Burlington, LLC 21 Carmichael Street, Unit 201 Essex, VT 05452 PERMIT NUMBER: 4C1128-5A LAW/REGULATIONS INVOLVED: 10 V.S.A. §§ 6001 – 6111 (Act 250) The District 4 Environmental Commission hereby issues Land Use Permit Amendment 4C1128- 5A, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6111. This permit amendment applies to the lands identified in Book 1192, Pages 262 through 265, of the land records of the City of South Burlington, Vermont as the subject of a deed to JJJ South Burlington, LLC. This permit amendment specifically authorizes modification of permit condition 44 in permit amendment 4C1128-5 by requiring the Permittee to pay a transportation impact fee to the Vermont Agency of Transportation for safety improvements to the Cheesefactory Road/Vermont Route 116 intersection, if warranted, following the Agency of Transportation’s completion of a scoping study for this intersection. The project to which this permit amendment applies is referred to as Cider Mill, accessible from Sommerfield Avenue and Hinesburg Road (Vermont Route 116), in South Burlington, Vermont. Jurisdiction attaches because the Project constitutes a material change to a permitted development or subdivision, and thus requires a permit amendment pursuant to Act 250 Rule 34. Land Use Permit 4C1128-5A Page 2 The Permittee and its assigns and successors in interest are obligated by this permit amendment to complete, operate, and maintain the project as approved by the District Commission (the “Commission”) in accordance with the following conditions. 1. The project shall be completed, operated, and maintained in accordance with: (a) the conditions of this permit and (b) the permit application, plans, and exhibits on file with the Commission and other material representations. In the event of any conflict, the terms, and conditions of this permit amendment shall supersede the approved plans and exhibits. 2. All conditions of Land Use Permit 4C1128 and amendments are in full force and effect except as further amended herein. 3. Representatives of the State of Vermont shall have access to the property covered by this permit amendment, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit amendment. 4. No change shall be made to the design, operation, or use of this project without a permit amendment issued by the Commission or a jurisdictional opinion from the District Coordinator that a permit amendment is not required. 5. Pursuant to 10 V.S.A. § 8005(c), the Commission or the Natural Resources Board may at any time require that the permit holder file an affidavit certifying that the project is in compliance with the terms of this permit amendment. 6. The conditions of this permit amendment and the land uses permitted herein shall run with the land and are binding upon and enforceable against the Permittee and its successors and assigns. The following condition 7 replaces condition 44 of permit amendment 4C1128-5: 7. If the Vermont Agency of Transportation ("VTrans") scoping study for improvements to the Cheesefactory Road/Vermont Route 116 intersection planned for the Fall of 2024 determines safety improvements are warranted to this intersection, the Permittee shall submit to VTrans a transportation impact fee equivalent to the Permittee's "fair share" of the cost of the improvements, as determined by VTrans, not to exceed 21.3 percent of the total cost of the improvements. The transportation impact fee shall be paid by the Permittee within six months of its establishment by VTrans. The Permittee shall submit to the Commission documentation that the transportation impact fee has been paid in accordance with this permit condition within two weeks of making payment to VTrans. 8. Pursuant to 10 V.S.A. § 6090(b)(1), this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. Notwithstanding any other provision herein, this permit amendment shall expire three years from the date of issuance if the Permittee has not commenced construction and made substantial progress toward completion within the three-year period in accordance with 10 V.S.A. § 6091(b). Failure to comply with any condition herein may be grounds for permit revocation pursuant to 10 V.S.A. § 6027(g). Land Use Permit 4C1128-5A Page 3 Dated this July __, 2024. By__________________________ Thomas A. Little, Chair District 4 Commission Members participating in this decision: Kate Purcell Any party, or person denied party status, may file within 15 days from the date of a decision of the District Commission one and only one motion to alter with respect to the decision, pursuant to Act 250 Rule 31(A). Under Rule 31(A), no party, or person denied party status, may file a motion to alter a District Commission decision concerning or resulting from a motion to alter. Per Rule 31(A)(3), the running of the time for filing a notice of appeal is terminated as to all parties by a timely motion to alter. Any person aggrieved by an act or decision of a District Commission or District Coordinator, or any party by right, may appeal to the Environmental Division of Vermont Superior Court within 30 days of the act or decision pursuant to 10 V.S.A. § 8504. Such appeals are governed by Rule 5 of the Vermont Rules for Environmental Court Proceedings. The appellant must file a notice of appeal with the clerk of the court and pay any fee required under 32 V.S.A. § 1431. The appellant must also serve a copy of the Notice of Appeal on the Natural Resources Board and on other parties in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. The Natural Resources Board’s copy may be sent to NRB.Legal@vermont.gov and/or 10 Baldwin Street, Montpelier, VT 05633-3201. Note, there are certain limitations on the right to appeal, including on interlocutory appeals. See, e.g., 10 V.S.A. § 8504(k), 3 V.S.A. § 815, and Vermont Rule of Appellate Procedure 5. There shall be no appeal from a District Commission decision when the Commission has issued a permit and no hearing was requested or held, or no motion to alter was filed following the issuance of an administrative amendment. 10 V.S.A. § 8504(k)(1). If a District Commission issues a partial decision under 10 V.S.A. § 6086(b), any appeal of that decision must be taken with 30 days of the date of that decision. 10 V.S.A. § 8504(k)(3). For additional information on filing appeals, see the Court’s website at: http://www.vermontjudiciary.org/GTC/environmental/default.aspx or call (802) 951-1740. The Court’s mailing address is Vermont Superior Court, Environmental Division, 32 Cherry Street, 2nd Floor, Suite 303, Burlington, VT 05401. The foregoing statements regarding motions to alter and appeals are intended for informational purposes only. They neither supplant nor augment any rights or obligations provided for by law nor do they constitute a complete statement of the rights or obligations of any person or party.