Briefs Crested Butte

Council considering allowing some private use on Peanut Mine property

Responding to a request by an adjacent landowner to lease some of the Peanut Mine open space property for grazing horses and building a barn, the Town Council Monday evening, July 20, expressed support, with reservations. Attorney Jim Starr, who sits on the Crested Butte Land Trust, asked the council to amend the original conservation easement to allow a barn to be built with a septic system by Magic Meadows LLC. He also asked that a gate be allowed to be constructed at the turn-off to the private property that was formerly known as the McElroy parcel. The gate would be placed at the left-hand turn before hitting the single track of the Lower Loop. The gate is meant to discourage hikers and drivers from following the road instead of the track to the Lower Loop. The private property line is actually about 20 yards beyond the intersection and this has led to confusion by trail users. The town was a party to the original conservation easement after it donated money to buy the land from its open space funds.

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The council members were willing to consider amending the easement, but they made it clear they wanted to explore other options to handle waste disposal in the barn, besides the requested septic system, which no one favored. They were willing to allow a gate to be built on Peanut Mine property but wanted the barn to comply with size and height restrictions in the original conservation easement. That original agreement allows for both agricultural or Nordic uses and buildings on the property.
Expressing general concerns with the idea of conservation developments in general and building on open spaces for which the town contributed money, the council agreed to set the request for public hearing at the next council meeting on August 4.

Being positive by not going negative over ridgelines
The Crested Butte council saw no problem with a house proposed for the Gothic corridor having a roofline slightly above the ridgeline. The Gunnison County Planning Commission had asked for the town to comment since the new building could break the ridgeline when seen from the intersection of Gothic and Slate River Roads. The project’s general contractor, Willy Miller, asked the council for support of the project. The house would be built next to Peter Esposito’s house in the corridor and owned by Esposito’s brother, David.
Councilmember Skip Berkshire didn’t see a problem. “Given the fact that surrounding the proposal are houses that far exceed the impact, is there any other way to express our concerns without looking like fools?”
“Apparently not” was the answer of the council. They asked town planner John Hess to write a short letter stating the council supported guidelines protecting ridgelines, but in this case it wasn’t a big concern and the county should make the decision.
Mayor Alan Bernholtz didn’t see a problem. “This is not our issue,” he said. “I have faith the county Planning Commission will make the right decision. I don’t think we should even comment.”
Miller asked if the council would voice support for the project. “This project is hanging on by a thread at the moment and this is the thread,” he said.
“Really?” responded Bernholtz. “Does Norton know about this because he could write about this. As for a letter of support, if we’re not negative, then we’re positive. And I think we want to stay neutral in this case. We support the guidelines but we aren’t opposed to this particular project.”
Miller took that as a positive and the discussion was ended.

Council wants to meet with school district
The Town Council is frustrated that some documents formalizing the school expansion and land transfer between the town and school district remain in limbo. The council postponed an ordinance that would have conveyed land for the expansion to the school district “in exchange for the school district’s performance of certain obligations described in the Intergovernmental Agreement between the town and the school district.”
The town staff is waiting on the school district to agree to and sign some warranties in the documents. “We want to finish up the deal,” said Bernholtz. “I am disappointed the town staff has worked so hard and pushed so hard to meet their deadlines so they could get going, and now we can’t get a simple request to get the warranties we all agreed to sign. It’s not asking too much to follow through on the deal.”
The council will request an in-person meeting with school board representatives at the next council meeting on Tuesday, August 4.

Should council members be allowed to be on other boards?

After an executive session, town attorney John Belkin said he would “tweak” the town ordinance dealing with conflict-of-interest issues that affect council members sitting on a range of local boards. Belkin has expressed some discomfort with the fact every councilmember sits on various non-profit boards that potentially receive funding from the town. He has indicated that could be in conflict with state laws. He will draft some changes for the council to consider over the matter.

Council asks for mining law reform
The council passed a resolution urging the “necessary and comprehensive reform of the general mining law of 1872.” With some input from councilmember Skip Berkshire, the resolution cites the need for clean water, the impact of tourism as an economic driver, the lack of environmental protections in the law and other issues. It calls for reform of the law. The council unanimously approved the resolution.