Facts. 1. Don and Joyce operate Newton Enterprises at 1561 Route 5 South in Fairlee ( Property ).

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1 NATURAL RESOURCES BOARD Districts #2&3 Environmental Commission 100 Mineral Street, Suite 305 Springfield, VT James Duggan Historic Preservation Review Coordinator Vermont Division of Historic Preservation 1 National Life Drive, Davis Building, 6 th Floor Montpelier, VT James.Duggan@state.vt.us Dear Mr. Duggan: Re: Jurisdictional Opinion Newton Fairlee This is a jurisdictional opinion in response to the Division of Historic Preservation s request made at the Land Use Permit Application #3R1080 hearing on January 9, 2014, as to the date when Act 250 jurisdiction was triggered on Don and Joyce Newton s property. It is my opinion that an Act 250 permit was required for the previous development when construction commenced on the property in The following are the facts relied upon in my opinion: Facts 1. Don and Joyce operate Newton Enterprises at 1561 Route 5 South in Fairlee ( Property ). 2. Fairlee has permanent zoning and subdivision bylaws which makes it a ten acre town pursuant to 10 V.S.A. Section 6001(3)(A)(i). 3. Don and Joyce purchased the Property in December On January 30, 2006, the Newtons received a Home Occupancy permit for the Property from the Town of Fairlee. 5. Between January 2006 and October 2007, repairs and the construction of improvements on the existing buildings and the property occurred for a commercial purpose. The construction was undertaken to ready the property for Newton Enterprises to relocate to the property at 1561 Route 5 South. Construction and repairs included installation of: a chain link fence; a new foundation; garage door; and new concrete floors. Twelve windows and three doorways were closed on the existing main house and an existing small shed was removed. All of this construction began at approximately the same time. Tel: Fax:

2 Jurisdictional Opinion #3-167 Page 2 Construction for a commercial purpose as well as for a residential purpose began at the same time. 6. In October 2007, Newton Enterprises moved the business from an alternate location in Fairlee to the Property. Newton Enterprises included a small engine repair and retail shop and the display and sale of used cars on the property. 7. The Newtons moved to the Property in January 2007 and lived in the existing main house until February In July 2010, Newton Enterprises began offering U-Haul services that included parking U-Haul vehicles such as box trucks and vans on the property. 9. Act 250 Rule 2(C)(17) went into effect on October 3, Relevant Law 10 V.S.A. 6081(a): No person shall sell or offer for sale any interest in any subdivision located in this state, or commence construction on a subdivision or development, or commence development without a permit. 10 V.S.A. 6001(3)(A)(i) Development means: The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than 10 acres of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes in a municipality that has adopted permanent zoning and subdivision bylaws. Act 250 Rule 2(C)(3): Construction of improvements means any physical action on a project site which initiates development for any purpose enumerated in Rule 2(A), except for: Act 250 Rule 2(C)(17): (b) construction for a home occupation as defined in these Rules. Home occupation, solely for purposes of Rule 2(C)(3), means the use, by a resident, of a minor portion of the residence, including ancillary buildings, for an occupation or business:

3 Jurisdictional Opinion #3-167 Page 3 (a) that is customary in residential areas; and (b) that does not have a potential for significant impact under the criteria of 10 V.S.A. Section 6086(a)(1) through (10). Analysis The construction of improvements for a commercial purpose requires a land use permit because it constitutes development. 10 V.S.A. 6001(3)(A)(i) and 6081(a). An exemption from Act 250 jurisdiction was enacted in October 2007 for a home occupation pursuant to Act 250 Rule 2(C)(17). An Act 250 permit was required for the project when construction commenced for the purpose of operating the business on the property. Regardless of the exact date that the construction began, because it was before October 2007, it was before the home occupation exemption went into effect. This is not to say that the home occupation exemption would have applied, but only that this exemption could not have applied. Because construction for a commercial purpose coincided with construction for a residential purpose, the date that Act 250 was triggered was the date that construction began in Conclusion It is my opinion that a permit was, and still is, required for the construction of improvements that were made to the property, commencing in 2006, in order to prepare for moving Newton Enterprises to this site in If you have any questions please feel free to contact me at or Stephanie.gile@state.vt.us. Best Regards, Stephanie Gile Assistant Coordinator Natural Resources Board cc: 3R1080 service list This is a jurisdictional opinion issued pursuant to 10 V.S.A. 6007(c) and Act 250 Rule 3(A). A request for reconsideration by the district coordinator, pursuant to Act 250 Rule 3(B), must be sent to the district coordinator at the above address within 30 days of the date of this opinion. Effective July 1, 2013, no appeal may be taken from a jurisdictional opinion or coordinator s decision on reconsideration without reconsideration by the Natural Resource Board. Requests for reconsideration by the Board must be submitted to the Board within 30 days of the date of this decision or a coordinator s decision on reconsideration. The mailing address is: Natural Resources Board, Dewey Building, National Life Drive, Montpelier, VT For additional information, please contact the Board s General Counsel, Melanie Kehne, at (802) or Melanie.Kehne@state.vt.us.

4 E-Notification CERTIFICATE OF SERVICE #3-167 I hereby certify that I sent a copy of the foregoing Jurisdictional Opinion on, by U.S. Mail, postage prepaid, to the individuals without addresses and by electronic mail, to the following with addresses: Note: Any recipient may change its preferred method of receiving notices and other documents by contacting the District Office staff at the mailing address or below. If you have elected to receive notices and other documents by , it is your responsibility to notify our office of any address changes. All replies should be sent to nrb-act250springfield@state.vt.us James Duggan Historic Preservation Review Coordinator VT. Div. of Historic Preservation 1 National Life Dr., Davis Bldg., 6 th Flr. Montpelier, VT James.duggan@state.vt.us Donald and Joyce Newton 1473 Route 5 South, Fairlee, VT donjoyinvt@myfairpoint.net Fairlee Selectboard Mary Daly, Chair P. O. Box 95, Fairlee, VT townadministrator@fairleetvt.org Fairlee Town Planning Peter Berger, Chair P. O. Box 95, Fairlee, VT zoning@fairleevt.org Fairlee Development Review Board David Fracht, Chair P.O. Box 95, Fairlee, VT dfracht@sover.net Two Rivers-Ottauquechee Regional Commission 128 King Farm Rd, Woodstock, VT dgish@trorc.org Elizabeth Lord, Esq. / Land Use Attorney ANR Office of Planning & Legal Affairs 1 National Life Dr., Davis 2 Montpelier, VT anr.act250@state.vt.us elizabeth.lord@state.vt.us jennifer.mojo@state.vt.us FOR INFORMATION ONLY District 3 Environmental Commission 100 Mineral Street, Suite 305 Springfield, VT NRB-Act250Springfield@state.vt.us Fairlee Town Clerk Georgette Wolf-Ludwig P.O. Box 95, Fairlee, VT townclerk@fairleevt.org Laurent Veilleux, Town Administrator P.O. Box 95, Fairlee, VT townadministrator@fairleevt.org Barry Murphy, Public Service Department 112 State Office Building Montpelier, VT barry.murphy@state.vt.us Craig Keller, Utilities and Permits Vermont Agency of Transportation 1 National Life Dr, Montpelier, VT craig.keller@state.vt.us Kristin.driscoll@state.vt.us Louise Waterman, Policy Analyst Dept. of Agriculture, Food & Markets 116 State St., Drawer 20 Montpelier, VT louise.waterman@state.vt.us Scott Dillon and James Duggan Division for Historic Preservation National Life Building, 6 th Floor Drawer 20, Montpelier, VT scott.dillon@state.vt.us James.duggan@state.vt.us Rich Kirn, Fisheries Biologist VT Fish & Wildlife Department Roxbury Lab, Roxbury, VT rich.kirn@state.vt.us Nate McKeen, Dist Forestry Manager VT Dept. of Forests, Parks & Recreation 100 Mineral Street, Suite 304 Springfield, VT nate,mckeen@state.vt.us

5 Certificate of Service JO #3-167 Page 2 Rebecca Chalmers, Wetland Ecologist 100 Mineral Street, Suite 303 Springfield, VT rebecca.chalmers@state.vt.us Timothy Appleton, Fish & Wildlife Specialist Vermont Fish & Wildlife Department 5 Perry Street, Suite 40 Barre, VT tim.appleton@state.vt.su Rita Brink Vermont Department of Libraries 109 State St, Montpelier, VT rita.brink@state.vt.us Abutters: Joyce Newton 1473 Route 5 South Fairlee, VT Kevin Currier 1460 Route 5 south Fairlee, VT Richard Paulson P.O. Box 143 Orford, NH By: Susan precourt NRB Technician

6 Timeline for 1561 Route 5 South Fairlee, VT- Newton 12/05 Purchased Property 1/30/06 Home occupancy permit from the town 01/07-02/11 Occupied premises 10/07 Moved Newton Enterprises to premises which includes small engine, retail and used cars: prior to this installed chain-link fence, new foundation, garage door installed, closed up 12 windows and 3 doorways. Installed new concrete floors and removed a shed that was previously a bird enclosure. 07/10 Uhaul services added Main House: 1/07 to 2/11 Back of house- removed 4 windows installed 2 egress window per fire marshal requirements removed shed roof dormer removed 2 doors installed new entry door Front of house- removed front entry door and replaced with a single door removed 1 windows Northern side of house- removed 1 door entry on porch 10/13 Northern side of house- removed porch

7 Additional house structure/wing: 1/07 to 2/11 Front- removed 4 windows installed new egress door removed shed roof dormer Back- installed new doorway entry installed 1 egress window Addition to Wing: 1/07 to 2/11 Front 2 large windows replaced with 2 smaller windows removed to awning roofs over windows removed the pediment dormer South side- remove 3 windows removed chimney enclosed porch North side- removed chimney removed fireplace installed 2 egress windows removed 1 door