Subdivision challenge denied
Toolbox
By Cristina Kumka STAFF WRITER - Published: December 18, 2009
KILLINGTON — The Vermont Environmental Court has denied an appeal by Killington resident and business owner Steve Durkee that objected to the subdivision of 368 acres of land owned by ski village developer SP Land Co. LLC.
In May 2008, the district commission's coordinator amended an existing Act 250 permit that allowed for the subdivision of the acreage from nine to 15 lots for future ski village development purposes, according to the Dec. 1 ruling by Environmental Judge Thomas Durkin.
Durkee, on behalf of Mountainside Properties Inc., requested that the administrative amendment made by the District 1 commission be changed to remove a 64-acre parcel bordering Mountainside and to require SP Land Co. to show that some of the properties slated for subdivision weren't owned or partly owned by Mountainside, according to court records.
The court ruled in SP Land's favor.
"There will be no impact upon the Mountainside property, or any Act 250 criteria, by the subdivision and sale of the 368-acre area encompassed by the proposed Killington Village Development," according to the court order.
And any development on any lot must first be authorized by an Act 250 permit, according to court records.
Killington Town Planner Dick Horner said the planned unit development and conceptual master plan approval the town's planning commission recently gave SP Land doesn't affect Mountainside at all.
Horner said Mountainside sought party status — a position that gives it the right to appeal.
But the court ruled "that neither Mountainside's own 39.8-acre parcel, nor the 64.42-acre (parcel) upon which Mountainside holds a right of first refusal are included in the property proposed to be subdivided."
Durkee was represented by C. Daniel Hershenson of Norwich.
Hershenson did not return a call for comment.
cristina.kumka@rutlandherald.com
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