Essex Selectboard reaches conceptual settlement over sand extraction litigation.
The Town of Essex Selectboard has approved a conceptual settlement with Allen Brook Development, Inc., to resolve litigation over a proposed sand extraction operation in the Resource Preservation District-Industrial (RPD-I) zoning district.
This settlement will allow Allen Brook -- which purchased the property from Forestdale Heights, Inc. in November 2014 -- to conduct a sand extraction operation on 27.5 acres of the RPD-I, which is approximately one-half of the acreage that would be impacted by the sand extraction proposal that was on appeal in Vermont Superior Court, Environmental Division.
In exchange, Allen Brook will deed the Town approximately 245 acres within the RPD-I for recreation and conservation purposes, and will restate or grant additional easements to the Town to ensure unfettered access to the 60% of the RPD-I set aside for recreation/conservation purposes.
In addition, Allen Brook has agreed to convey 20 to 30 acres of contiguous property on the so-called Kimo property in the event Allen Brook exercises its option to purchase that property in the future. Allen Brook also has agreed to construct a vehicle parking area off Thompson Drive, and make payments of up to $5,000 per year to the Town during the duration of the new sand extraction operation for trail maintenance and development of a master plan for the Town parcel.
According to Max Levy, Chair of the Selectboard: “This is a win-win situation for the Town and for Allen Brook. Allen Brook will reduce the size of the proposed extraction area by nearly 50%, and will deed 245 acres to the Town, thereby ending and minimizing the risks associated with the litigation concerning the property. The trail access issue, which has been a source of contention for years, is also resolved through this settlement. Finally, the settlement does not involve any residential development in the RPD-I.”
For more information, contact Selectboard Chairman Max Levy at 802-598-5029 or email@example.com.