Planner's Corner: March 2019 Edition

Topic of the Month: Watershed Protection Buffers

By Melinda Scott, Conservation Planner

What are Watershed Protection Buffers?

Watershed protection buffers are protective strips of land along on both sides of a stream and around the perimeter of a wetland, lake, or pond that protects the water body from the harmful impacts of development. Watershed protection buffers are composed of trees, shrubs, and perennial plants that filter surface runoff before it reaches the water body. Buffer zones capture sediment, nutrients, and pathogens and reduce soil erosion by creating a dense root system that will hold soil in place. Buffer zones allow native plants, animals, and insects to thrive by enhancing an area’s ecosystem. A healthy watershed protection buffer is one with a mature forest or wetland that provides high quality habitat. Traditional turf grass lawns do not provide all of the functions of a healthy buffer.

Chapter 29 of Williston’s Unified Development Bylaw requires that watershed protection buffers be maintained around streams, wetlands and certain waterbodies. In Williston, the size of the buffer depends on the type of stream, wetland or waterbody it is protecting. Named streams such as the Allen Brook, Sucker Brook, Muddy Brook and Winooski River require a 150-foot buffer on both sides of the stream, while other streams require a 50-foot buffer. Waterbodies greater than ½ acre require a 150-foot buffer, while Class II wetlands require a 50-foot buffer. Lake Iroquois has its own set of watershed protection regulations within a 250-foot zone called the Lake Iroquois Shoreland Protection District.

What uses and activities are allowed in buffers?

The idea is to leave buffers in their natural vegetated state. Development is not permitted within buffers with few exceptions such as utilities, trails, road and trail crossings, and stormwater treatment systems. Where buffers are void of trees, shrubs, and other native vegetation, the buffer should be restored to a combination of wetland, riparian, forest, and/or meadow vegetation appropriate to the site.

Public input

Earlier this year the Planning and Zoning department conducted a survey to evaluate people’s knowledge of the current regulations and their opinions about the town allowing some flexibility in return for a landowner’s commitment to enhance watershed buffers on their property. Of 65 respondents, 18% were unsure about the location of the buffer. While a majority said they currently mow in the buffer, a third of respondents stated they would be willing to adapt their mowing practices to benefit the watershed while another third said they might be willing to. A majority of respondents expressed an interest in partnering with the town to plant trees within the buffer on their property, and a majority support the idea of allowing flexibility of uses in exchange for buffer enhancement.

The comments received generally indicate a high level of awareness of water quality issues in the Allen Brook and other streams, and express a strong desire to restore and protect the waterways. Many expressed the concern that allowing any flexibility in the watershed protection regulations would contribute to water quality degradation. Some comments indicated confusion about the regulations, while others expressed concerns about property rights.

Planning staff are happy to provide more information about uses allowed and not allowed in the watershed protection buffer, and steps private landowners can take to enhance these buffers. We can also help you locate the buffer on your property if you are unsure of where it is.

Here’s a summary of what’s coming up for our board in the next month. Agendas, meeting minutes, and supporting documents for the items discussed below can be found on the “Public Records and Documents” page on the Town of Williston’s website.

Development Review Board (DRB)

WHEN: April 9 & April 23 – 7:00 PM

WHERE: 7900 Williston Road – 2^nd floor

WHAT:

-DP 09-01.16 The Snyder FC Commercial Properties, LLC & Rieley Properties, LLC request a pre-application review of a proposed commercial building  development (Healthy Living Market, retail tenants, and restaurant tenant) at Finney Crossing (Williston Road & Boxwood Lane intersection, opposite of Shaw's) in the TCZD. (4/9/19)

-DP 19-20 T.M. Development Company, LLC requests a Master Sign Plan approval for two existing multi-tenant commercial buildings located at 260 Avenue D in the IZDW. (4/9/19)

-ZV 19-08 Donald Bevins appeals a zoning violation issued by the zoning administrator on February 22, 2019 for use of recreational vehicles as living quarters, operating multiple unpermitted apartments and/or a rooming house, and litter on the property located at 3173 Saint George Road in the Gateway South Zoning District (GZDS). (4/23/19)

-DP 19-19 JC Properties, LLC requests a discretionary permit for site and building improvements to existing building at 478 Blair Park Road in the Business Park Zoning District (BPZD). (4/23/19)

-DP 19-21 Adams Real Properties, LLC requests a discretionary permit to install fencing and landscaping at existing FedEx facility at 921 Marshall Avenue in the Industrial Zoning District West (IZDW). (4/23/19)

-DP 19-16 Grassroots Vermont requests a discretionary permit to establish a medical marijuana dispensary at 4560 Williston Road in the IZDW. Continued from March 12, 2019. (4/23/19)

Historical and Architectural Advisory Committee (HAAC)

WHEN: April 2 & April 16 – 5:30 PM

WHERE: 7878 Williston Road – 1^st floor conference room

WHAT: Discuss commercial use standards and allowed uses in village. Review administrative permit application for door repair in Village Zoning District.

Williston Conservation Commission (WCC)

WHEN: April 3 & April 17 – 7:00 AM

WHERE: 7878 Williston Road – 1^st floor conference room

WHAT: Catamount outreach. Signage, etc.

Planning Commission (PC)

WHEN: April 2 & April 16 – 7:00 PM

WHERE: 7878 Williston Road – 1^st floor conference room

WHAT:  Discuss watershed protection buffers, transportation impact fees, and parking standards.

For more information about the DRB, HAAC, WCC, or PC visit www.williston.vt.gov, click on the “Boards and Commissions” Tab on the left side of the page, then click on the relevant board or commission link. Our staff is ready to assist you from 8:00-4:30, Monday through Friday. We can be reached at 802-878-6704 or by email.

Planner's Corner, February 2019 Edition

Welcome to Planner's Corner, a monthly update on the activities of the Williston Planning and Zoning Department.

Topic of the Month: The Development Review Process: Common Questions Answered
By Emily Heymann, Planner

What is the role of the Development Review Board (DRB)?
The DRB is a volunteer board appointed by the Selectboard to apply the requirements of the Williston Unified Development Bylaw (WDB) to proposed developments. Though their role is quasi-judicial (public hearings; appeal-able decisions), the authority of the DRB is quite limited. The bylaw is quite prescriptive and even decisions that require their discretion have a limited range.

What is the Williston Unified Development Bylaw (WDB)?
Land use regulations are one of the many ways the town implements the goals and vision of the Comprehensive Plan. In Williston, subdivision and land use regulations are “unified” in one document. The Planning Commission is responsible for writing and revising the bylaw, and any changes must be approved by the Selectboard. The 324-page document can be daunting. Planning staff are here to help you navigate the 46 chapters and answer your questions. Please reach out!

Why does the DRB approve almost every application before them?
The majority of hard “no’s” happen before an application is even submitted. Planning staff answer questions about what is or is not allowed by the bylaw every day. Prospective applicants typically hire a professional engineer or consultant to design a project that meets their desired goals and town regulations. If an application is submitted that may not be approvable, the hearing may be postponed, continued to a later date pending revisions, or withdrawn by the applicant before the DRB makes a decision. Projects that are approved by the DRB are subject to specific conditions of approval the DRB imposes on them to ensure compliance with the Bylaw. 

How can the public be effective in the development review process?
The most common public input expressed at DRB hearings is often outside the jurisdiction of the bylaw and DRB: economic impact, usage of public roads & sidewalks, noise, well and septic design. All public testimony is heard by the board, but the most effective comments are those that relate to specific bylaw requirements. The Planning Commission is the more effective public forum when the content of the bylaw itself is in question, and the Selectboard when it’s a concern about another town policy or ordinance.

Here’s a summary of what’s coming up for our board and its advisory committees in the next month. Agendas, meeting minutes, and supporting documents for the items discussed below can be found on the “Public Records and Documents” page of Williston’s website.

Development Review Board (DRB)
WHEN: March 12th & 26th, 7:00 PM
WHERE: 7900 Williston Road – Second Floor
WHAT:

-DP 19-16 Grassroots Vermont requests a discretionary permit to establish a medical marijuana dispensary at 4560 Williston Road in the IZDW. (3/12/19)
-DP 19-17 REM Development Company, LLC requests a discretionary permit for a master sign plan for the existing multi-tenant commercial building at 552 Avenue D in the IZDW. (3/12/19)
-DP 19-18 Pre-App Glenn & Ronalyn Cummings request pre-application review to develop an 18,000 sq. ft. multi-tenant commercial building on Lot 7 of the Robear Subdivision (opposite 358 Shunpike Road) in the IZDW. (3/12/19)
-DP 15-02.1 The Snyder Creek's Edge, LLC requests to amend a discretionary permit (DP 15-02) to add 10 feet of depth on lots 23-35 in the Creek's Edge neighborhood off of North Williston Road in the RZD. (3/12/19)

March 26 is the annual Growth Management Hearing. Residential subdivisions that completed pre-application review in 2018 will be scored based on the Criteria of WDB Chapter 11 and, if eligible, assigned an allocation schedule.

Historical and Architectural Advisory Committee (HAAC)
WHEN: March 5th & March 19th, 5:30 PM 
WHERE: 7878 Williston Road, 1st floor conference room
WHAT:  Review pre-application designs of proposed Healthy Living building (3/5), review village district density standards (3/19)

Williston Conservation Commission (WCC)
WHEN: March 20th, 7:00 AM
WHERE: 7878 Williston road, 1st floor conference room
WHAT: Pine Ridge forest Management Plan, Water protection standards, summer conservation intern orientation (3/20)

Planning Commission (PC)
WHEN: March 5th & March 19th, 7:00 PM
WHERE: 7878 Williston Road, 1st floor conference room
WHAT:  Vote on impact fee bylaw chapter revision (tentative), review “attachment A” draft memo (3/5). Watershed protection buffer discussion (3/19).

For more information about the DRB, HAAC, WCC, or PC visit www.williston.vt.gov, click on the “Boards and Commissions” Tab on the left side of the page, then click on the relevant board or commission link. Our staff is ready to assist you from 8:00-4:30, Monday through Friday. We can be reached at 802-878-6704 or by email.

Planner's Corner, January 2018 Edition

Welcome to Planner's Corner, a monthly update on the activities of the Williston Planning and Zoning Department.

Topic of the Month: Tree Removal

Winter is a time of year when the Planning Office often receives questions about tree removal and logging. Frozen ground and the lack of leaves makes midwinter a good time for forestry activities like this, so there is usually an uptick in cutting activity and calls to our office asking what is going on and who needs a permit.

Sometimes tree removal requires a permit and sometimes it does not. Clearing more than ¼ acre requires a permit. Where land clearing of any size (even less than ¼ acre) is in anticipation of a development that will require Development Review Board approval, the clearing itself also requires review and approval by the Development Review Board as part of a Discretionary Permit. Clearing less than ¼ acre (for example at an existing home to expand a lawn or make room for an addition) only requires an Administrative Permit, the kind that can be applied for at our office and approved by the Zoning Administrator without a trip to the DRB.

Removal of selected trees on an existing developed site may not require a permit, but it is always wise to check with our office first. Some trees may have been required as part of a landscaped buffer or as street trees, and some developments within town have specific clearing limits or trees that are required to be retained as part of their DRB approvals. Our staff can help you identify those requirements. Tree removal within 50 feet of wetlands and 150 feet of the Allen, Muddy, and Sucker Brooks is also generally prohibited.

How Williston regulates and requires permits for tree removal and clearing is limited by state law, which protects forestry activities (logging) and prohibits towns from regulating forestry through zoning. For the rules and requirements pertaining to forestry that may be exempt from zoning requirements, please contact the Chittenden County Forester at 802-585-9099.

Here’s a summary of what’s coming up for our boards in the next month. Agendas, meeting minutes, and supporting documents for the items discussed below can be found on the “Public Records and Documents” page of Williston’s website. [MB1] 

Development Review Board (DRB)

WHEN: February 12, 7:00 PM (No applications submitted for February 26 hearing)

WHERE: Town Hall Meeting Room, 7900 Williston Road, 2^nd Floor via rear entrance

WHAT:  DP 19-14 VIP Tires & Service requests a discretionary permit for a master sign plan in the GZDN.

DP 19-06 HJ Properties, LLC requests a discretionary permit for commercial site development in the IZDW.

DP 19-15 New England Federal Credit Union requests a discretionary permit for building additions and site improvements at existing facility in BPZD.

Historical and Architectural Advisory Committee (HAAC)

WHEN: February 5 and February 19, 5:30 PM

WHERE: Town Hall Annex, 7878 Williston Road, 1^st Floor

WHAT: Draft bylaw revision language, continuing research on Vermont regulations re: historic buildings

Williston Conservation Commission (WCC)

WHEN: February 6 and February 20, 7:00 AM

WHERE: Town Hall Annex, 7878 Williston Road, 1^st Floor

WHAT: Mud Pond Conservation Area Management. Plan, Allen brook water quality. monitoring results, , discuss Williston Energy Plan

Planning Commission (PC)

WHEN: February 5 and February 19, 7:00 PM

WHERE: Town Hall Annex, 7878 Williston Road, 1^st Floor

WHAT:  Vote on Work plan, discuss energy plan, final impact fee project list

For more information about the DRB, HAAC, WCC, or PC visit www.williston.vt.gov, click on the “Boards and Commissions” Tab on the left side of the page, then click on the relevant board or commission link. Our staff is ready to assist you from 8:00-4:30, Monday through Friday. We can be reached at 802-878-6704 or by email.

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Planner’s Corner, December 2018 Edition

Greetings, Williston!

Welcome to Planner's Corner, a monthly update on the activities of the Williston Planning and Zoning Department.

Topic of the Month: Growth Management!

As far as we know, Williston is the only town in Vermont that regulates the rate of construction and the location of new housing with a competitive “Growth Management” system.  The town plans on an average of 80 dwelling units per year, and within that 80-unit limit, awards approvals to move forward to projects that best meet the town’s Comprehensive Plan Goals. You can read all about it on the Planning and Zoning Webpage for the topic.

Growth Management is our topic of the month for two reasons: first, it’s coming up. Very soon, applicants who went through the first stage of review for new residential projects will be receiving and completing surveys that will be reviewed by the Development Review Board (DRB) in March. The DRB will then award “allocation,” essentially the right to build units in new and existing projects, based on how competitive each project is.  It can get a little complicated, but the focus of the system is to have most new growth in the Growth Center (Taft Corners) and to encourage projects that protect open space, provide paths or trails, add affordable housing to the town, or meet some of the town’s other goals.

The other reason Growth Management is our topic of the month is that there are some proposed changes to the system working their way through review by the Selectboard. The recommended changes come from the Planning Commission, who have worked through several public information sessions and their own bylaw amendment hearing process over the last 18 months. The draft changes proposed to the Selectboard can be found in their December 18, 2018 agenda packet on the town’s website. The proposed changes maintain the 80-unit per year cap, adjust some of the incentives, alter the timing of the system to make it more consistent, and allow exemptions for some very highly competitive projects and some types of perpetually affordable housing. We’d encourage folks to check it out and give the planning office a call or email with any questions.    

As always, we are also ready to assist with questions about our zoning rules, permits for home projects, conservation lands, or long-range plans for the town. Our doors are open, 8:00-4:30, Monday through Friday. We can be reached at 878-6704 or by email.

Here’s a summary of what’s coming up for our boards in the next month. Agendas, meeting minutes, and supporting documents for the items discussed below can be found on the “Public Records and Documents” page of Williston’s website.

Development Review Board (DRB)

WHEN: Tuesday, January 8, 7:00 PM and Tuesday, January 22, 7:00 PM

WHERE: Police Station Meeting Room, 7928 Williston Road

WHAT: Global Partners requests a discretionary permit to subdivide a parcel between two existing     commercial uses in the GZDN. DP # 19-10 (1/8/19)

Riggs Properties, LLP requests a discretionary permit to release emergency access easement across a property in the GZDN. DP # 19-12 (1/8/19)

Cresta Nedde, LLC requests a discretionary permit for conversion of warehouse space into office space, a boundary line adjustment, and creation of additional vehicle parking on a parcel on Hurricane Lane in the GZDS. DP #19-13 (1/22/18)

Historical and Architectural Advisory Committee (HAAC)

WHEN: Tuesday, January 15 (No Meeting January 1)

WHERE: Planning and Zoning Conference Room, 7878 Williston Road, 1^st Floor

WHAT: Discussion regarding amendment to bylaw.

Williston Conservation Commission (WCC)

WHEN: Wednesday, January 16, 7:00 AM

WHERE: Planning and Zoning Conference Room, 7878 Williston Road, 1^st Floor

WHAT: 1/16/19 – Pine Ridge Forest Management Plan; Allen Brook 2018 water quality monitoring results and plans for 2019.

Planning Commission (PC)

WHEN: Tuesday, January 15 7:00 PM

WHERE: Planning and Zoning Conference Room, 7878 Williston Road, 1^st Floor

WHAT:  Discussion of impact fees and parking requirements

For more information about the DRB, HAAC, WCC, or PC visit https://www.town.williston.vt.us , click on the “Boards and Commissions” Tab on the left side of the page, then click on the relevant board or commission link.