Natural Resources Board District 3 Environmental Commission

100 Mineral Street, Suite 305, Springfield, VT 05156-3168

Act 250 Jurisdictional Opinion

This Jurisdictional Opinion addresses Act 250 Jurisdiction only. Other permits may be required; see http://dec.vermont.gov/environmental-assistance/permits. For additional information, please contact the Agency of Natural Resources permit specialist, John Fay, at 802-279-4747 or john.fay@vermont.gov.

In a letter from Brittany LeBeau, Trudell Consulting Engineers, to Linda Matteson, District Coordinator, dated July 12, 2019, Ms. LeBeau requested a “project classification determination” as to whether Lot 3 of the permitted Kline Commercial/Light Industrial Subdivision meets the definition of “industrial park” pursuant to 10 V.S.A. § 6001(37). Ms. Matteson considers this a request for a jurisdictional opinion and is therefore, responding with this Act 250 Jurisdictional Opinion letter. The letter from Ms. LeBeau is attached. Representative for Landowner/Applicant: Brittany LeBeau

Trudell Consulting Engineers 478 Blair Park Road

Williston, VT 05495 Brittany.LeBeau@tcevt.com

Project Description: Apex Storage, LLC, represented by Trudell Consulting Engineers, Inc., is submitting an Act 250 permit amendment application for a proposed 20,000+/- SF self-storage facility to be located on Lot 3 of the previously permitted Kline Subdivision. Permit #3W0124, issued in 1974 approved a 7-lot commercial and light industrial subdivision. Three of the lots have been developed and consist of a tire store with auto repair services on Lot 1; a permitted computer office in a separately permitted building on Lot 1; a building supply warehouse on Lot 2; and an indoor tennis court on Lot 3. 10 V.S.A. § 6001(37) defines “Industrial park” as:

An area of land permitted under this chapter that is planned, designed, and zoned as a location for one or more industrial buildings, that includes adequate access roads, utilities, water, sewer, and other services necessary for the uses of the industrial buildings, and includes no retail use except that which is incidental to an industrial use, and no office use except that which is incidental or secondary to an industrial use. [Emphasis added].

The existing subdivision contains a tire store and a tennis facility – both are “retail” uses, and not “incidental to an industrial use,” therefore it fails to meet the statutory definition. Existing Act 250 permit: _3W0124 and amendments Town: _Hartford_

Project Type: Commercial Residential Municipal/State

IS AN ACT 250 PERMIT IS REQUIRED? YES NO BASIS FOR DECISION: The construction of a 20,000 SF self-storage facility on Lot 3 is a material change to the permitted project. Act 250 Rule 2(C)(6). The existing permitted subdivision does not meet the definition of “industrial park.”

Signature: Date: July 30, 2019_ Linda Matteson, District Coordinator District 3 Environmental Commission 100 Mineral Street, Suite 305, Springfield, VT 05156-3168 802-289-0598 / linda.matteson@vermont.gov

This is a jurisdictional opinion issued pursuant to 10 V.S.A. § 6007(c) and Act 250 Rule 3(A). Reconsideration requests are governed by Act 250 Rule 3(B) and should be directed to the district coordinator at the above address. Any appeal of this decision must be filed with the Superior Court, Environmental Division (32 Cherry Street, 2nd Floor, Ste. 303, Burlington, VT 05401) within 30 days of the date the decision was issued, pursuant to 10 V.S.A. Chapter 220. The Notice of Appeal must comply with the Vermont Rules for Environmental Court Proceedings (VRECP). The appellant must file with the Notice of Appeal the entry fee required by 32 V.S.A. § 1431(b)(1) (2015), which is $295.00. The appellant also must serve a copy of the Notice of Appeal on the Natural Resources Board, 10 Baldwin Street, Montpelier, VT 05633-3201, and on other parties in accordance with Rule 5(b)(4)(B) of the VRECP. cc: Hartford Selectboard; Hartford Town Planning; Two Rivers-Ottauquechee Regional Commission; ANR Office of Planning & Policy; John Fay, ANR Permit Specialist

See: Letter to District Coordinator and Site Plans

Civil Engineering Land Surveying Landscape Architecture Environmental Services

478 Blair Park Road Williston, VT 05495 802 879 6331 www.tcevt.com

T R U D E L LConsulting Engineers

July 12, 2019

Linda MattesonState of VermontAgency of Natural ResourcesEnvironmental Board, District 3 Coordinator100 Mineral Street, Suite 305Springfield, Vermont 05156-3168

Subject: Classification Request: 3W0124 Kline Industrial ParkAs Defined by 10 V.S.A. § 6001(37)RE: Castell – Apex Storage – Hartford, VT

Dear Linda,

On behalf of Apex Storage, LLC, Trudell Consulting Engineers, Inc. (TCE) ispreparing an Act 250 permit amendment application to the Permit Series 3W0124 for aproposed ±20,000 SF self-storage facility to be located on Lot 3 of the Kline IndustrialPark in Hartford, Vermont. We are requesting a project classification determination forthis as an Industrial Park in conjunction with 10 V.S.A. § 6001(37) which states that:

(37) "Industrial park" means an area of land permitted under this chapter that isplanned, designed, and zoned as a location for one or more industrial buildings, thatincludes adequate access roads, utilities, water, sewer, and other services necessary forthe uses of the industrial buildings, and includes no retail use except that which isincidental to an industrial use, and no office use except that which is incidental orsecondary to an industrial use.

Pursuant to Criterion #9(B) Primary Agricultural Soils of the Act 250 Land Use Permit, anindustrial park project is subject to a 1:1 mitigation ratio when the project proposesimpacts to soils with primary agricultural importance. Historically this Park has beenexempt from PAS impact mitigation due to limited economic importance, however, thisis the first lot seeking development since the definition of PAS 10 V.S.A. § 6001(15) wasamended by the legislature in 2014 and no longer includes an inquiry into theeconomic or commercial viability of the soils, therefore this project must considermitigation for impacts. In order to provide a soil matrix with a 1:1 ratio, the VermontAgency of Agriculture, Food & Markets has requested we obtain project classificationfrom the District Coordinator to confirm this is project is considered an Industrial Park.

Provided herein is a summary of information indicating this project meets the definitionof 10 V.S.A. § 6001(37) Industrial Park.

OHOH

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588

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584

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580

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579

578

578 577

576

238' ±

178' ±

496' ±

140' ±

280' ±

82' ±109' ±

KLINE DRIVE

UTILITYBOX

50'WETLAND

BUFFER

577

576

575

580

582

582

583

583 574

573

589

N/F RICHARD KLINEc/o K + W TIRE

735 NORTH PRINCE STREETLANCASTER, PA 17603-2729

tax map no. 14-67-0

N/F HARVEY PROPCO LLC

1400 MAIN STREETWALTHAM, MA 02451tax map no. 14-48-0

N/FRICHARD KLINEc/o K + W TIRE

735 NORTH PRINCESTREET

LANCASTER, PA17603-2729

tax map no. 14-49-0

N/F HERITAGE OPERATING LP

c/o YOUNGS PROPANEPO BOX 965

VALLEY FORGE, PA 19482tax map no. 14-50-0

N/F OUR COURT INC

PO BOX 1376WHITE RIVER JCT, VT

05001-1376tax map no. 14-59-0

23"8

22"

9

22"

10

24" est

7

30"

3

26"

5

35"

2

36"

1

42"

12

36"

11

28"

6

587

U.S.

RO

UTE

NO

. 5

N/FGREGORY CASTELL

PO BOX 222MERIDEN, NH 03770tax map no. 14-57-0

N/FBUSSIERE EMILE R TRUSTEE

E R B REV. TRUSTMGK INVESTMENTS LLC

954 STRAW HILLMANCHESTER, NH 03104

tax map no. 14-56-0

ASSUMED LOCATION OFEXISTING 8" C.I. WATER MAIN

TBM 1 ELEV. 582.34'

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

PROPOSED FLUSHING HYDRANT, LOCATION TOBE FIELD VERIFIED BY CONTRACTOR. HYDRANT

TO BE PAINTED DIFFERENT COLOR THANMUNICIPAL HYDRANTS TO DISTINGUISH

FLUSHING.

BUILDING B

BUIL

DIN

G A

20'

40'

GRASSSTORAGE

AREA9,945± SF

30'

FRONTSETBACK

30'

30'

SIDESETBACK

20.00'

SIDE SETBACK20'

30'

15'

30'

10'

20'

R15'

24'

25'

20'

R58'R76'

10'

20'

10'

15'

15'

15'

15'

15'

15'

10'

580

585.25+

585.25+

585.25+584.25+

584.25+583.25+

582.25+581.25+

583.25+582.25+

581.25+ 10'

585.25+

585.25+584.25+

584.25+583.25+

582.25+581.25+

583.25+582.25+

581.25+

585.25+

585.25+584.25+

584.25+583.25+

582.25+581.25+

583.25+582.25+

581.25+

584.70+584.20+

583.70+583.20+

581.70+581.20+

582.70+582.20+

+584.70+584.20

+583.70+583.20

+582.70+582.20

+581.70+581.20

+584.70

+580.72+580.72

KNOX BOX MOUNTED ONKEYPAD POLE BELOW KEYPAD

FIRE WALL, TYP.

STO

RMW

ATE

R IN

FILT

RATIO

N B

ASI

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SIDESETBACK

20'

PROPOSED MANAGEMENT OFFICE SPACEFOR STORAGE OF MANAGEMENTMATERIALS, CLEANING SUPPLIES, ETC.

OUTDOOR STORAGEOF RVs, BOATS,MOBILE STORAGEUNITS, ETC.

FIRE WALL, TYP.

1 OFFICE

UG

UG

UG

SENSOR TO OPEN GATE UPONVEHICLE EXIT APPROACH

SMALLER SERVICE LINE TO OFFICE BUILDING,SIZE, MATERIAL, DEPTH UNKNOWN.TO BE FIELD VERIFIED BY CONTRACTOR.NOTIFY ENGINEER

CONTRACTOR TO COORDINATEWITH POWER COMPANY

232' SIGHT DISTANCE

519' SIGHT DISTANGE

PROPOSED SNOWSTORAGE AREA

0Feet

Graphic Scale

30 30 60 90 120

15°±

VT

Grid

Mag

netic

Sheet Title

Project Title

Use of These Drawings

Proj

ect R

efer

ence

:

Scale:

Project Number:

Date:

Drawn By:

Project Engineer:

Approved By:

No. Description Date ByRevisions

478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495

802 879 6331 | WWW.TCEVT.COM

ENGINEERING SURVEY

No. 9020CIVIL

AB

I GA I L A . D

ER

Y

S TA T E OF V E RMON

T

PRO

F E S S I ONA L ENG

I NE E

R

L I C E N S E D

Field Book:

1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory authorities. They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.

2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessary permits,and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.

3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.

4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.

5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive property. Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.

6. It is the User's responsibility to ensure this copy containsthe most current revisions.

PLANNING ENVIRONMENTAL

1 05/14/19 ALRAdded Office, Site Revisions

Site Plan

C2-01

5/3/2019

1" = 30'

19-008

ALR

ALR

AAD

339

Apex Storage, LLCLOT 3 Kline Drive

Hartford, Vermont

 

PROJECT INFORMATION:

1. OWNER OF RECORD: GREGORY CASTELLPO BOX 222MERIDEN, NH 03770

2. TAX PARCEL ID: PARCEL:14-57-0 SPAN:285-090-12930

3. PHYSICAL ADDRESS LOT 3 KLINE DRIVE OF PROPERTY: HARTFORD, VERMONT 05047

4. PARCEL SIZE:PARCEL AREA: ± 3.23 ACRESPARCEL WIDTH: (E-W) ± 450 FTPARCEL DEPTH: (N-S) ± 370 FTPARCELCOVERAGE: 43,416 SF (0.99 AC)

31%

5. DIMENSIONAL STANDARDS:MIN. LOT AREA: 20,000 SFMIN.LOT WIDTH: 125 FTMIN.LOT DEPTH: 100 FTMAX. LOTCOVERAGE: 75%

6. SETBACK REQUIREMENTS:FRONT: 30 FTREAR: N/A - TWO SIDES CORNER LOTSIDE: 20 FT

6. ZONING DISTRICT: HIGHWAY COMMERCIAL (H-C)

7. LOT CLASSIFICATION: CLASS 2* *WATER/SEWER SERVICES NOT REQUIRED

FOR PROJECT

8. PROPOSED PARKING: ONE (1) SPACE FOR MANAGEMENT

9. EASEMENTS: PARCEL IS SUBJECT TO A NONEXCLUSIVEROW FOR INGRESS AND EGRESS ONKLINE DRIVE. PARCEL HAS EASEMENT TOCONSTRUCT UTILITIES FROM ROUTE 5 TOSUBJECT PARCEL WITHIN ROW (KLINEDRIVE). PARCEL HAS EASEMENT TO CONSTRUCT STORMWATER INFRASTRUCTURE ON LOT 4 (TM 14-67-0).

PROJECT LOCATION

UTILITY POLE

PROPERTY LINE

BUILDING SETBACKS

FM

W

S

SEWER FORCEMAIN

OHP

TOPOGRAPHIC CONTOURS

GRAVEL DRIVE OR ROAD

PERCOLATION TEST

MONITOR WELL

PROJECT BENCHMARK

SEWER MAINSAND SERVICES

WATER MAINSAND SERVICES

OVERHEAD POWER &TELEPHONE & CABLE

124

BUILDING

FM

W

S

OHP

124

(E)(P)

(E)(P)

(E)(P)

(E)(P)

(E)(P)

(E)(P)

(E)(P)

(E)(P)

(E)(P)

LEGEND

PT-1

TP-1

CONE OF INFLUENCE (E)(P)

XFENCEX

(E)(P)

CURB STOP(E)(P)

(E)(P)

PROJECT DESCRIPTION:

THE PURPOSE OF THIS PROJECT IS TO CONSTRUCT SELF STORAGE UNITS ON A VACANT PARCEL KNOWN ASLOT 3 LOCATED ON KLINE DRIVE IN HARTFORD, VT. THE PROJECT WILL CREATE LESS THAN 1 ACRE (43416 SF)OF IMPERVIOUS SURFACE AND WILL NOT REQUIRE POTABLE WATER OR SANITARY SEWER SERVICES.

UGUNDERGROUNDPOWER &COMMUNICATION

(E)(P)

BUILDING UNITSBUILDING A BUILDING B BUILDING C TOTAL

AREA (SF) 4,500 10,400 4,725 19,625 SF

10'x10' (100sf) 8 8

10'x15' (150sf) 30 16 46

10'x20' (200sf) 48 48

15'X15' (225sf) 2 2

15'x25' (375sf) 5 5

TOTAL UNITS 30 56 28 114

FIRE HYDRANT (HYD)(E)(P)

PARCEL:14-57-0 SPAN:285-090-12930

14,474

735.3

3W0124 Kline commercial/lt ind subdivisionVermont Agency of Natural Resources

10,964

© Vermont Agency of Natural Resources

557.0

1:

WGS_1984_Web_Mercator_Auxiliary_Sphere

Meters557.00

NOTES

Map created using ANR's Natural Resources Atlas - Route 5 South, Hartford

LEGEND

278.00

vermont.gov

DISCLAIMER: This map is for general reference only. Data layers that appearon this map may or may not be accurate, current, or otherwise reliable. ANR and

the State of Vermont make no representations of any kind, including but notlimited to, the warranties of merchantability, or fitness for a particular use, nor

are any such warranties to be implied with respect to the data on this map.

July 25, 2019

THIS MAP IS NOT TO BE USED FOR NAVIGATION

1" = 914 1cm = 110Ft. Meters

Parcels (standardized)

Parcels (non-standardized)

Act250 Permits **INCOMPLETE**

Roads

Interstate

Principal Arterial

Minor Arterial

Major Collector

Minor Collector

Local

Not part of function Classification System

Waterbody

Stream

Town Boundary