Owner disputes permit-expiration finding for 600 Spear Street, citing state law and on-site work

Frank Von Turvich, who represents the owners of 600 Spear Street, told the DRB on Aug. 4 his team has evidence of site work and a state Act 250 jurisdictional opinion that together show the project holder maintained good-faith intent to proceed before the zoning permit’s expiration date. He cited the state statute he believes is relevant (24 V.S.A. § 4449) and asked the board to consider whether the ordinance or the statute controls.

Von Turvich said the team obtained a jurisdictional opinion from the district coordinator on Nov. 20, 2025, and that contractors installed silt fencing and stockpiled roadbed material in early December — actions he said demonstrated intent and represent more than a single day’s work (he estimated roughly $12,000 of material was stockpiled). He told the board the owner "fully comply with the requirements of the permit. We met the time deadlines, and we can establish that clearly."

Staff (zoning administrator Marla Keane) asserted the DRB must apply the city’s Land Development Regulations: the zoning permit in question is subject to the LDR expiration standard (one year absent a demonstrated continued good‑faith effort), and staff concluded there was insufficient evidence in the record that the holder met that standard. Board members debated whether the owner’s supplementary materials and invoices provided at the hearing changed the staff determination and whether the matter required an opinion from the city attorney. The board closed testimony and will deliberate; the DRB noted it may seek legal guidance and will issue a written decision within 45 days of closing the hearing.