In Re Kisiel

Landowners Mark and Pauline Kisiel appeal the Environmental Board’s decision denying their application for an Act 250 permit to subdivide and develop a 158-acre tract of land into five residential lots in the Town of Waitsfield. The permit was denied on several grounds, but landowners challenge only the Board’s conclusion that their project was not in compliance with two provisions of the town plan. We conclude that, in reaching its challenged decision, the Board erroneously focused on the plan’s vague and ambiguous language, while ignoring the Town’s prior actions with respect to the project…