The Project is on a 2.0 acre parcel of land in Colchester. Therefore, Act 250 does not have jurisdiction over the Project by virtue of the acreage of involved land. No other basis for asserting independent jurisdiction over the Project exists. The PRS states that the Project necessitates an amendment to the Permit. An amendment is required for any substantial change in a permitted project.
Substantial change is defined as any change in a development .
An amendment must also be obtained for any material change in a permitted project. Material change is defined as any alteration to the project which has a significant impact on any finding, conclusion, term or condition of the project s permit and which affects one or more values sought to be protected by the Act. The theory underlying the PRS is that traffic generated by the Project will cause a substantial or material change to the authorized traffic flow on South Park Drive, which is itself subject to the Permit. The Project is on a parcel of land that is separate and distinct from the Permit Site, including South Park Drive. Norma Bernadini, the current landowner, has held legal title to the Project Site since 1968.