Challenge filed to Killington land deal
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By Bruce Edwards Herald Staff - Published: January 14, 2009
A Killington businessman has raised objections to an Act 250 permit amendment that subdivides a number of parcels of property at Killington Resort.
Steve Durkee of Mountainside Properties Inc. filed an appeal with the state Environmental Court seeking to be named a co-applicant to an amendment to an existing Act 250 permit.
The amended permit authorizes SP Land Co. to subdivide 15 parcels of property totaling 368 acres at the ski area for future development. A number of parcels are clustered around the core of a future ski village.
Mountainside Properties Inc., which owns several parcels adjoining the SP Land property, objected to the amended permit based on "the right in some circumstances to establish easements for access to water supplies and to participate in the use of sanitary waste disposal systems that may be developed by the applicant (SP Land), according to the October decision by the District 1 Environmental Commission, which denied Durkee's appeal.
In its decision, the three-member commission said the amendment to allow the subdivision "does nothing more than permit the drawing of lot lines within its property and does not affect whatever property rights Mountainside may have in the property so subdivided."
The commission continued that Mountainside's rights may include limits to development that would adversely affect access to water supplies and sanitary facilities. Given the circumstances, the decision found that requiring SP Land to name Mountainside as a co-applicant is inappropriate.
SP Land Co. and Powdr Corp. purchased Killington and Pico resorts in May 2007. As part of that process, SP Land, a real estate development company, acquired the 15 parcels in November of last year.
SP Land President Steve Selbo said the subdivision was approved by the town and administratively by the District 1 Environmental Commission.
In his appeal with the Environmental Court, Durkee's lawyer filed a series of 15 questions, raising a number of issues, including whether Durkee should be entitled to be a co-applicant on the Act 250 application, impacts the subdivision will have on the master plan permit, whether the subdivision seeks to amend the permit conditions and whether the permit would have been issued in the first place if it had included 15 different subdivisions that could potentially be owned by 15 different entities.
Durkee is represented by C. Daniel Hershenson of Norwich.
Contact Bruce Edwards at bruce.edwards@rutlandherald.com.
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