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Land Use Permit

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Land Use Permit State of Vermont __________________________________________________________ LAND USE PERMIT AMENDMENT Case No; 4C1163-2 LAWS/REGULATIONS INVOLVED Georgia Mountain Maples, LLC 10 V.S.A. §§ 6001 - 6093 (Act 250) and H.W. Ventures, LLC P.O. Box 2098 Milton, VT 05468 District Environmental Commission #4 hereby issues Land Use Permit Amendment #4C1163-2, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6093. This permit amendment applies to the lands identified in Book 185, Pages 144-146, of the land records of Milton, Vermont, as the subject of a deed to H.W. Ventures, LLC. This Permit specifically authorizes the utilization of an existing maple sugaring building as an 80-seat banquet hall. The project is located at 345 North Road in Milton, Vermont. Jurisdiction attaches because the Project constitutes a material change to a permitted development, and thus requires a permit amendment pursuant to Act 250 Rule 34. 1. The Permittees, and its assigns and successors in interest, is obligated by this permit to complete, operate and maintain the Project as approved by the District Commission in accordance with the following conditions. 2. The Project shall be completed, operated and maintained in accordance with: (a) the conditions of this permit; (b) Findings of Fact and Conclusions of Law #4C1163-2; and (c) exhibits on file with the District Environmental Commission and other material representations. The approved plans are: Sheet C-1 - “Partial Site Plan, Proposed Banquet Hall Green Mountain Maples, LLC” dated 4/29/14, last revision 12/05/14 (Exhibit #12); and Sheet C-2 – Details Water and Wastewater Systems, Green Mountain Maples, LLC” dated 10/03/11 (Exhibit #13); Sheet C-1 - “Partial Site Plan [Planting Plan], Proposed Banquet Hall Green Mountain Maples, LLC” dated 4/29/14, last revision 12/05/14 (Exhibit #21). 3. All conditions of Land Use Permit #4C1163 and amendments are in full force and effect except as further amended herein. 4. The Permittees shall comply with all of the conditions of the following Agency of Natural Resources Permit: a. Wastewater System and Potable Water Supply Permit #ww-4-3766-1 issued on March 5, 2015 by the ANR Wastewater Management Division. Land Use Permit #4C1163-2 Page 2 of 5 5. Any nonmaterial changes to the permit listed in the preceding condition shall be automatically incorporated herein upon issuance by the Agency of Natural Resources. 6. Representatives of the State of Vermont shall have access to the property covered by this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. 7. A copy of this permit and plans shall be on the site at all times throughout the construction process. 8. No change shall be made to the design, operation or use of this project without a permit amendment issued by the District Commission or a jurisdictional opinion from the District Coordinator that a permit is not required. 9. No further subdivision, alteration, and/or development on the tract/tracts of land approved herein shall be permitted without a permit amendment issued by the District Commission or a jurisdictional opinion from the District Coordinator that a permit is not required. 10. Pursuant to 10 V.S.A. § 8005(c), the District Commission may at any time require that the permit holder file an affidavit certifying that the project is in compliance with the terms of this permit. 11. The conditions of this permit and the land uses permitted herein shall run with the land and are binding upon and enforceable against the Permittees and their successors and assigns. 12. There shall be no floor drains installed at the Project without first acquiring the required permit from the ANR Drinking Water and Groundwater Protection Division and/or the Wastewater Management Division. 13. The Permittees and all subsequent owners or lessees shall install and maintain only low- flow plumbing fixtures in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. 14. The Permittees shall maintain an undisturbed, naturally vegetated, unmowed 50-foot buffer from the edge of wetlands and any disturbed areas. Snowplowing or storage of materials within this buffer is prohibited. 15. The Permittees and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #12 (Sheet C-1) by replacing any dead or diseased plantings within the season or as soon as possible after the ground thaws, whichever is sooner 16. The installation of exterior light fixtures is limited to those approved in Exhibit #12, (Sheet C-1) and shall be mounted no higher than 12 feet above grade level. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 17. The Permittees shall not erect additional exterior signage, other than that shown in Exhibit #12 without prior written approval from the District Coordinator or the Commission, whichever is appropriate under the Act 250 Rules. Signage includes Land Use Permit #4C1163-2 Page 3 of 5 banners, flags, and other advertising displays, excepting temporary real estate marketing signs and temporary Grand Opening signs. 18. No outdoor events shall be scheduled during the following days: New Year's Eve and New Year's Day, Martin Luther King's Birthday, President's Day, Easter, Memorial Day, Bennington Battle Day, Columbus Day, Veterans' Day, Thanksgiving and Christmas. (Exhibit #17). 19. Fifty (50) total events are allowed each calendar year. No more than twenty (20) outdoor events shall occur between May 1st and October 31st in any calendar year. (Exhibit #17). 20. Electronic amplification of music, voice or sound shall only be allowed in the banquet hall building. No outdoor music shall be permitted except the use of unamplified (acoustic) music shall be allowed only on the patio on the west side of the banquet hall building (Attachment 1 of Exhibit #17 - map shows patio location in blue) provided such music is no greater than 70 dBA LMax at the property line and 55 dBA LMax measured outside the residences. (Exhibit #17). 21. The clearing located approximately a quarter mile east of the facility and adjacent to the Santo Marotta property, 26 Shotwell Road, Milton, Vermont identified as the "Log and Ag landing" shown on Attachment 2 of Exhibit #17 shall be used exclusively for agricultural/forestry activities and equipment (hereinafter "log and Ag landing"). Box and tractor trailers and similar containers shall not be allowed. Permittees shall remove any box or tractor trailers from the Ag and log landing. Permittees shall limit use in the Ag and log landing to Ag/forestry activities and equipment and Permittees agree there shall be no more than two (2) Ag forestry employee personal vehicles parked in the upper clearing at any one time. (Exhibit #17). 22. Permittees shall plant ten (10) pine trees as described below along the log and Ag landing - Marotta property line on the north side (Permittees’ side of the property line) of the irrigation trench shown in red in Attachment 2 of Exhibit #17. The trees shall be planted no farther than 15 feet apart and should be designed to create a hedgerow when mature. Further, the Permittees shall plant twenty (20) pine trees along Shotwell Road in the area shown on Attachment 2 of Exhibit #17 in red. The new pine trees shall be nursery grown stock approximately six (6) feet in height above ground level when planted. The pine trees shall be well suited to the regional climate conditions of Milton, Vermont. The pine trees planted pursuant to this Condition shall be maintained through the life of the permits and if necessary the Permittees agree to replace as soon as feasible, but in no event later than one calendar year, any dead or dying trees with equally suitable local nursery grown pine trees as specified above. The exact locations for planting the pine trees are shown in Exhibit #21. All trees shall be located on the Permittees' property and shall be properly maintained by the Permittees. Moreover, the Permittees agree to maintain the existing screening buffer along Shotwell Road and the Marrota property line by not trimming or removing any natural growth that occurs within the entire setback area. (Exhibit #17). 23. Noise levels shall not exceed 70 dBA LMax at the property line and 55 dBA LMax as measured outside the residences. (Exhibit #17). Land Use Permit #4C1163-2 Page 4 of 5 24. There shall be no open doors or windows on the south and/or east sides of the banquet hall facility during an event. Amplification speakers within ten (10) feet of open doors or windows shall not be directly facing open windows or doors of the banquet hall facility. (Exhibit #17). 25. No tents or other similar structures shall be erected, nor shall any event activities occur on the south and/or east sides of the banquet hall/sugar house facility, except parking. Attachment 1 of Exhibit #17 shows permitted area for outdoor tent locations in orange/red. No amplified music, voice or sound and no unamplified music shall be allowed in tents or similar structures. (Exhibit #17). 26. All events shall end no later than 11:00 p.m. All guests shall be off the premises no later than 11:30 p.m. The operation of the banquet hall facility, including clean up, shall cease, and all lights shall be extinguished no later than 12:00 o'clock midnight and the facility shall remain closed and lights shall remain off until 7:00 o'clock a.m.
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