Saturday, July 13, 2019

Judge sides with ski resort over condo appeals

Rutland Herald
By Keith Whitcomb Jr. Staff Writer
15 hrs ago
KILLINGTON — An Environmental Court Judge has agreed to extend the life of a housing development permit granted to the owner of the Killington Ski Resort several years ago.
According to a decision by Superior Court Judge Thomas D. Durkin, released June 6 in the Environmental Division, Killington/Pico Ski Resort Partners LLC owns the development rights for the unbuilt portions of the Highridge and Ridgetop developments, both of which are near the Killington Ski Resort.
Durkin writes that a previous developer was granted a planned unit development (PUD) by the town for the two developments in 1988. The PUD expired before the developments could be fully built, and while it has a long history of litigation and extensions, the Resort Partners have more recently requested from the town a four-year extension. The Town Planning Commission granted it, but this was appealed by the Highridge Condominium Owners’ Association.
In his conclusion, Durkin writes that the PUD will be valid for another four years after a final decision is made.
Attorney Andrew H. Maass, who represents the ski resort owners, said in a phone interview Friday that the Highridge Condominium Owners’ Association has asked for clarification on some technical aspects of Durkin’s decision. Once those are addressed, the decision would then be final and the PUD in place for the following four years.
Durkin also wrote that conditions imposed by previous versions of the PUD not changed by this order will remain in effect. Regarding Highridge, a site plan review will need to be submitted and approved before the town of Killington can issue any zoning permits. This will include any changes to landscaping, traffic or parking plans. Highridge will also need updated versions of its water supply and wastewater treatment permits from the Agency of Natural Resources before any new units can be built. Before submitting a site plan review for a new Highridge development, the Resort Partners must confer with Killington Fire and Rescue over the parking lot and where fire hydrants will be located.
According to Durkin’s decision, the original plan for Ridgetop was for nine single-family homes while Highridge was planned for several multi-unit buildings and three single-family dwellings. What’s built there now was completed in the late 1980s and early 1990s. An economic recession led to development there stalling, leaving six of the nine planned Ridgetop buildings and 36 units of the Highridge development completed.
Durkin wrote that a trial was held in November. Parties were given time to respond with follow-up materials, and this matter came under the court’s consideration in February.
keith.whitcomb
@rutlandherald.com

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