Planner's Corner: April 2019 Edition

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

(This post was written by Brad Falco, Planning Technician)

Hello, Willistonians!

The snow has melted and many of you are undoubtedly looking towards your yards and outside areas plotting your next project! You may be wondering (or dreading) if you have to apply for an administrative permit with Planning and Zoning. Have no fear! The planning and zoning office is happy to provide information to help you understand the process and guide you in getting it started!

Here is some general information on administrative permits (not an exhaustive list, but a place to start):

-You need to apply for an administrative permit for most development or improvements on your land including, but not limited to, sheds, driveways, pools, decks, garages, additions and fences. All development, (with the exception of fences) are subject to property line setbacks. These setbacks vary by zoning district.

-Permit application forms and checklists are available by going to www.town.williston.vt.us -> Departments & Services -> Planning & Zoning -> Application forms, checklists, and fees

-Fill the application out completely! Even if you got materials for free and/or are doing the work yourself, you need to provide an estimated total construction cost of materials and labor. We gather this information to help in determining the value of construction going on in town.

-After you have filled out the application, you will want to find the related administrative permit checklist. This checklist has instructions for applicants about additional materials needed with your permit application. These materials give the Administrator the full picture of what and where you are proposing to do work.

-The administrative permit application will have a fee, due at the time of submission. Because projects vary greatly in size and scope, we will help you determine the fee calculation on an individual basis. Cash, check, or credit card are all accepted forms of payment. (Note that there is a small processing fee for a card, and American Express cards are not accepted).

-Once the permit is submitted, you will hear back from the office in about a week. You will then be issued a large red “Z-Card”. This card must be posted on site, clearly visible from the nearest road, for a 15-day appeal period BEFORE you begin your project. After the 15-days is up, the permit is valid for 2 years.

“What’s my Zoning District?” “What’re my setbacks?” “Has my permit expired yet?” You may have more questions specific to your project or you may want more information on requirements of the Williston Unified Development Bylaw. Please call Planning & Zoning at 802-878-6704 or email bfalco@willistonvt.org. There are no bad questions! We want to help Williston’s residents have a clear understanding of the Town’s permitting process and requirements.

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 of Williston’s website. [MB1] 

Development Review Board (DRB)

WHEN: May 14^th & May 28^th at 7:00 PM

WHERE: Town Hall Meeting Room – 7900 Williston Road

WHAT:

DP 18-21.1 The Thelma L. Robear Revocable Trust requests a discretionary permit to adjust the boundary lines of Lots 1-4 and Lots 8-9 of the Robear Subdivision located at 4964 Williston Road in the Industrial Zoning District West (IZDW). (5/14)

DP 18-08 DDH GSH Trust requests a discretionary permit for a 5-lot residential subdivision at 1337 Old Stage Road in the Agricultural Rural Residential Zoning District (ARZD). (5/14)

DP 19-21 Adams Real Properties, LLC requests a discretionary permit to install fencing and landscaping at existing FedEx facility located at 921 Marshall Avenue in the Industrial Zoning District West (IZDW). Continued from April 23, 2019. (5/14)

DP 18-06.1 VT Hotel Group LLC requests a discretionary permit to revise the building façade, color, materials, roof-line, and site plan of a proposed 4-story, 92-room hotel at 34-82 Blair Park Road in the Business Park Zoning District (BPZD). (5/28)

DP 19-23 REM Development Company requests a discretionary permit to establish a master sign plan at existing commercial site at 296 Avenue D in the Industrial West Zoning District (IZDW). (5/28)

Historical and Architectural Advisory Committee (HAAC)

WHEN: May 7^th & May 21^st at 5:30 PM

WHERE: Town Hall Annex Conference Room – 7878 Williston Road

WHAT:

Review DP 18-06.1 VT Hotel Group LLC requests a discretionary permit to revise the building façade, color, materials, roof-line, and site plan of a proposed 4-story, 92-room hotel at 34-82 Blair Park Road in the BPZD. Discuss revisions to Chapter 42 – Allowed Uses in Village. Discuss density & form based code (5/7)

Discussions will continue for 5/21 meeting.

Williston Conservation Commission (WCC)

WHEN: May 1^st & May 15^th – 7:00 AM

WHERE: Town Hall Annex Conference Room – 7878 Williston Road

WHAT:

Site plan review of DP 18-08 – Handy 5-Lot Subdivision. Allen Brook Boardwalk alternative analysis presentation. (5/1)

Mud Pond Conservation Area Management Plan (5/15), site plan review of applications for June 11 DRB.

Planning Commission (PC)

WHEN: May 7^th & May 21^st at 7:00 PM

WHERE: Town Hall Annex Conference Room – 7878 Williston Road

WHAT: 

Discuss parking standards. (5/7)

Village check-in (5/21)

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: 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.