In Re Denio

Appellants Chester and Bertha Denio appeal a decision of the Vermont Environmental Board granting an Act 250 permit for a three-lot subdivision adjacent to an already existing 71-lot subdivision, but imposing twenty conditions. The De nios contest the Board’s exercise of jurisdiction and claim that the Board (1) misalloeated the burden of proof on the issue of aesthetics; (2) made findings of fact and conclusions of law which were not based exclusively on the evidence before it and were erroneous; and (3) set unreasonable conditions for the new lots. We affirm.

In 1972, appellants purchased…