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Starksboro DRB waives request for historical gravel‑pit extraction data amid dispute
Summary
Board members debated whether historical extraction rates for an on‑site sand and gravel pit were relevant to the Boss‑Kelly subdivision review, and voted to accept the application as complete without that data after a recusal request and opposing viewpoints from neighbors and staff.
A disagreement over whether the historical extraction rate for a nearby sand and gravel pit should be part of the Boss‑Kelly subdivision record dominated part of the May 14 hearing.
Visitor Dennis Casey asked that Member Tom Perry recuse himself because of prior comments about the gravel pit. Perry said he could remain impartial, and several board members and applicants told the board they did not believe the pit discussion should affect the subdivision review. Casey described his interpretation of the pit as “grandfathered,” and Zoning Administrator Stephen Rooney replied in the hearing record that that characterization was inaccurate.
Board members debated whether the information requested in Preliminary Determination #2 (historical extraction data) was relevant. Applicants Jason Barnard and Bradley Boss said they did not have the historical extraction information; Boss repeated that there was “no change in use proposed.” After discussion Tom Perry moved to accept the application as complete without the information requested in Preliminary Determination #2; the motion passed unanimously.
The board directed staff to omit placeholder findings and conditions about the pit from the final decision. The decision does not make a formal determination on whether the pit is a conforming or nonconforming use under Section 335 (Extraction); that question remains unresolved in the record.
