Rutland Herald
KILLINGTON — An environmental court judge gave the green light Tuesday to the first phase of a long-anticipated ski village at the base of Killington Ski Resort.
Judge Thomas Durkin’s 86-page decision affirming, with conditions, the Act 250 permit sought by SP Land Company, the ski village’s developer, was not the first — nor will it be last — of the project’s permitting hurdles.
But Chris Roy, the developer’s Burlington-based lawyer, called Durkin’s decision a milestone.
“This was probably the most important decision because it dealt with so many aspects of the project, and Act 250 is really designed to take a hard look at large, complex projects,” Roy said. “It looked at water quality, it looked at traffic, it looked at aesthetics, and really the court came down favorably on all of those key issues. And we think that sort of sets the tone for what should happen going forward.”
The Act 250 permit was first issued in October 2013 and appealed by SP Land Co., which took issue with several conditions tied to the permit. Stephen Durkee, a Mendon resident who owns commercial, residential and undeveloped property in Killington, cross-appealed, citing stormwater, aesthetic and traffic concerns with the project.
Durkin included certain conditions in his ruling. SP Land must conduct a traffic study to monitor traffic before and after people take up residency in any phase one development, and must contribute $20,000 towards corridor study to be completed by regional planning commissions evaluating potential impacts of the next phases of the project. SP Land will also need to lower Killington Road’s speed limit around the project to 25 mph.
Durkin’s decision also removed a district commission’s earlier condition on the project to put a sprinkler system in each residential unit — a condition SP Land Co. strongly objected to.
Roy said he and his client were still reviewing Durkin’s conditions, but that none appeared too burdensome.
“None of the conditions are negative to a point that they wouldn’t be able to proceed with the project, so, we’re happy to have the permit in place and those conditions,” he said.
The project ultimately envisions creating, in phases, 2,300 residential units, a 77,000-square-foot skier services building, 32 new residential lots and about 200,000 square feet of retail space over the next 20 to 30 years.
Phase I of the project, which this Act 250 proceeding concerns, includes the village’s core and a 32-unit subdivision just north of it. The core includes plans for 193 housing units, 31,622 square feet of commercial space, 7,000 square feet of replacement skier service areas within two new base lodge buildings, the relocation of a portion of Killington and East Mountain roads, additional parking areas, and a village green.
Parties could motion to amend Durkin’s Tuesday decision, and also appeal to the Vermont Supreme Court.
Durkee has also appealed the town of Killington’s site-plan approval for the project. That appeal raises similar concerns to those in the Act 250 appeal, and will also be reviewed by Durkin.
“Our hope and expectation would be that that would proceed a little bit more quickly and come out the same way,” Roy said.
Durkee’s White River Junction-based attorney, Nathan Stearns, said Thursday he hadn’t yet had time to review the decision and could not comment about his client’s plans.
lola.duffort
@rutlandherald.com
Judge Thomas Durkin’s 86-page decision affirming, with conditions, the Act 250 permit sought by SP Land Company, the ski village’s developer, was not the first — nor will it be last — of the project’s permitting hurdles.
But Chris Roy, the developer’s Burlington-based lawyer, called Durkin’s decision a milestone.
“This was probably the most important decision because it dealt with so many aspects of the project, and Act 250 is really designed to take a hard look at large, complex projects,” Roy said. “It looked at water quality, it looked at traffic, it looked at aesthetics, and really the court came down favorably on all of those key issues. And we think that sort of sets the tone for what should happen going forward.”
The Act 250 permit was first issued in October 2013 and appealed by SP Land Co., which took issue with several conditions tied to the permit. Stephen Durkee, a Mendon resident who owns commercial, residential and undeveloped property in Killington, cross-appealed, citing stormwater, aesthetic and traffic concerns with the project.
Durkin included certain conditions in his ruling. SP Land must conduct a traffic study to monitor traffic before and after people take up residency in any phase one development, and must contribute $20,000 towards corridor study to be completed by regional planning commissions evaluating potential impacts of the next phases of the project. SP Land will also need to lower Killington Road’s speed limit around the project to 25 mph.
Durkin’s decision also removed a district commission’s earlier condition on the project to put a sprinkler system in each residential unit — a condition SP Land Co. strongly objected to.
Roy said he and his client were still reviewing Durkin’s conditions, but that none appeared too burdensome.
“None of the conditions are negative to a point that they wouldn’t be able to proceed with the project, so, we’re happy to have the permit in place and those conditions,” he said.
The project ultimately envisions creating, in phases, 2,300 residential units, a 77,000-square-foot skier services building, 32 new residential lots and about 200,000 square feet of retail space over the next 20 to 30 years.
Phase I of the project, which this Act 250 proceeding concerns, includes the village’s core and a 32-unit subdivision just north of it. The core includes plans for 193 housing units, 31,622 square feet of commercial space, 7,000 square feet of replacement skier service areas within two new base lodge buildings, the relocation of a portion of Killington and East Mountain roads, additional parking areas, and a village green.
Parties could motion to amend Durkin’s Tuesday decision, and also appeal to the Vermont Supreme Court.
Durkee has also appealed the town of Killington’s site-plan approval for the project. That appeal raises similar concerns to those in the Act 250 appeal, and will also be reviewed by Durkin.
“Our hope and expectation would be that that would proceed a little bit more quickly and come out the same way,” Roy said.
Durkee’s White River Junction-based attorney, Nathan Stearns, said Thursday he hadn’t yet had time to review the decision and could not comment about his client’s plans.
lola.duffort
@rutlandherald.com
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