Vermont land-use regulators have denied a permit to build a road to a site in Essex, Vt., where an Amazon distribution facility had been proposed separately a year ago.

In a 32-page decision Tuesday, the District 4 Environmental Commission found that the landowner’s current proposal does not comply with town regulations that prohibit construction on steep slopes.

Al Senecal of Allen Brook Development had sought a permit for a five-lot subdivision of a 109.5-acre site in the Saxon Hill Industrial Park, a public road to access it, and a 33,600-square-foot warehouse on Lot 11 of the parcel, according to the website for Act 250, the state’s land use review program. The application said there was no tenant for the warehouse yet.

As the District 4 commission noted in its decision, the current application did not include any proposed development on other lots that would be in the subdivided parcel.

In March 2025, Scannell Properties proposed building a 106,000-square-foot warehouse on Lot 13 at the site. It was later learned that it would be Amazon’s distribution center, the first such facility in Vermont.

That project drew passionate public opposition. The project is on hold after the town’s Development Review Board in July 2025 rejected the larger site plan, citing incomplete traffic studies. Amazon has appealed that decision in the environmental division of Vermont Superior Court.

The latest decision, which does not name Amazon, is based on the District 4 Environmental Commission’s examination of Senecal’s proposal against multiple criteria, including the town’s zoning ordinances. The town’s regulations prohibit development on slopes with a 20% grade or steeper, to prevent environmental damage. The commission further noted that no steep-slope waiver was submitted by the applicant or issued by the town.

Although Amazon is not a party to the Act 250 application that was denied Tuesday, the company is evaluating how this decision might impact its proposal to build a warehouse at Saxon Hill, said Amber Plunkett, a spokesperson for Amazon. She had no updates to share on the ongoing appeal in Superior Court.

The developers did not respond to multiple requests for comment.

The denial of the subdivision, road and smaller warehouse is not necessarily the last word. Any party to the decision may appeal it in environmental court within 30 days.

The applicant could also submit an altered application that corrects deficiencies from the original denial within 15 days, according to the executive director of the state Land Use Review Board, Peter Gill. The board administers the Act 250 program and supports its nine district commissions.

Residents from Essex and elsewhere opposed the Amazon project at multiple hearings last year, citing health and environmental concerns and criticizing the working conditions and pay for the company’s warehouse workers.

Some see the Act 250 denial as a win, despite the possibility of an appeal.

“We view this as a victory, even if it’s an interim victory perhaps, for the legal process, the rule of law and local communities like Essex who want to stand up against, in many respects, one of the most powerful and wealthy corporations in the world,” said Jared Carter, a lawyer representing the Alliance of Concerned Residents Envisioning Solutions, a nonprofit consisting of about 25 Essex residents.

The resident group was formed in opposition to last year’s proposal for an Amazon warehouse on 22.94 acres of mostly vacant, wooded land with trails in the Saxon Hill Industrial Park off Thompson Drive.

“The denied subdivision and road were necessary for the Amazon distribution center on Lot 13. Without an approved subdivision and road, there can be no Amazon facility,” states a Wednesday news release from ACRES.

Town and selectboard officials declined to comment Wednesday on Tuesday’s permit denial, saying they had not fully reviewed the decision.

This story was republished with permission from VtDigger, which offers its reporting at no cost to local news organizations through its Community News Sharing Project. To learn more, visit vtdigger.org/community-news-sharing-project.