Following affirmance of conditional use permit granted for mixed-income residential development on two lots, neighbors appealed subsequent Environmental Commission opinion that the project did not require an Act 250 environmental permit because it was exempt as a priority housing project, despite road separating the two lots.
The Superior Court, Environmental Division, affirmed, and neighbors appealed.
The Supreme Court held that lots were “contiguous” as required for exemption from Act 250 environmental review even though they were separated by town road.