Blair J. Enman, PE, Founding Partner

Seeking Cost Effective Solutions since 1982

www.EnmanEngineering.com

61 Prospect Street

Rutland, VT 05701

(802) 775-3437

Joel, 

Several years back i did have to apply for Minors for the smallest changes but the Coordinator was mostly concerned with the effect that the change had on the traffic and parking allocations. 

I ended up increasing those allocations and subsequently only had to apply for Minors if the impacts exceeded those new thresholds or reached the thresholds of the other infinite number of criteria.

I guess I'm saying, it may help to modify the original permit.

Good luck!

Patrick

-------- Original message --------

From: "David G. White" <dwhite@whiteandburke.com>

Date: 3/13/17 3:24 PM (GMT-05:00)

To: vtdevelopment@simplelists.com

Cc: crogers@barretown.org

Subject: Re: [VT Dev] Act 250 Amendments

Joel,

The Act 250 Rules say:

Rule 34 Permit Amendments:
(A) Material change to a permitted development or subdivision. A permit amendment shall be required for any material change to a permitted development or subdivision, or administrative change in the terms and conditions of a land use permit. Commencement of construction on a material change to a permitted development or subdivision without a permit amendment is prohibited. Applications for amendments shall be on forms provided the board, and shall be filed with the District Commission having jurisdiction over the project. Upon request, the district coordinator will expeditiously review a proposed change and determine whether it would constitute a material change to the project, or whether it involves administrative changes that may be subject to simplified review procedures pursuant to 10 V.S.A. § 6025(b)(1). Continuing jurisdiction over all development and subdivision permits is vested in the District Commissions.

Rule 2(C) Definitions

(6) "Material change" means any cognizable change to a development or subdivision subject to a permit under Act 250 or findings and conclusions under 10 V.S.A. § 6086b, which has a significant impact on any finding, conclusion, term or condition of the project's permit or which may result in a significant adverse impact with respect to any of the criteria specified in 10 V.S.A. § 6086(a)(1) through (a)(10).

Hello all,

 

I am getting mixed messages on what may be necessary to satisfy the requirements for this Act 250 situation:

 

There is an umbrella permit for an industrial park.  When a subdivision within it is created, a structure is built for a proposed tenant, and a  minor permit is issued as an amendment to original umbrella permit.  At some point, the tenant may change and the use is altered or enhanced, or the subdivided lot with the building is sold to a new owner, and the tenant changes or grows.  Under what circumstances does the minor permit need to be amended? 

 

Thank you,

 

Joel Schwartz, Exec. Director

Barre Area Development, Inc.

P.O. Box 265

14 N. Main Street, Suite 2004

Barre, VT 05641

 

(802) 476-0660

 

 

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