Note: Due to COVID-19, the forum was cancelled. 

The forum will include a workshop, small group discussions, and general Q&A time. This forum is an opportunity to engage with the Planning Commission, Planning Staff, and each other. The forum will focus on Williston's past challenges and successes, and how the town prepares to address the demands of the future.

For suggested reading links and more info, go to town.williston.VT.us, click "Public Records & Documents," then "Agendas & Minutes," "Planning Commission," and "March 17, 2020." Or use this link: https://www.town.williston.VT.us/index.asp?Type=B_BASIC&SEC={6D755B09-B572-41A8-A4B2-1C477992C91A}&DE={91F2D3DF-75CA-4E2E-B926-E7D375B292B5}

Suggested reading for the forum includes:
1) 2016-2024 Williston Comprehensive Plan. Short on time? Read the Vision for the Future (Chapter 2, page 11). The Comp Plan webpage was recently revamped so you can quickly skim the chapters, objectives, and maps on your smartphone.
2) Williston Growth Center Designation (overview of regional context, paying for & managing growth, open space preservation, residential growth management, and more)
3) 2018 Chittenden County ECOS Plan - Summary
4) 2018 Chittenden County ECOS Plan - Complete Document
5) Building Homes Together - 2016 Factsheet

If you cannot attend the forum, but would like to provide questions or comments for the Planning Commission, please direct your letter or email to "Williston Planning Commission." Letters/emails received by Thursday, March 12th will be added to the record in advance of the forum. Email me (eheymann@willistonvt.org) or mail letter to:
Planning Commission
c/o Planning & Zoning
7900 Williston Road
Williston VT 05495

In the first month of the new decade, the Planning and Zoning office has been reflecting on how we can engage more folks in town planning and communicate its nuances so that the vision for Williston can become a reality.

This is a task which we do not take lightly. The mission Statement of the Williston Planning department states: "It is our mission to help the town create and realize a vision for its future. This vision is encompassed by the Williston Comprehensive Plan which we use to identify goals, objectives and policies. The Comprehensive Plan is administered through the Williston Unified Development Bylaw. We hope to empower citizens so that we may work together to build, finance, protect, support, and create an equitable, sustainable, and healthy community for present and future generations."

We are working on ways to make all of these processes easier to understand and navigate. We are creating FAQ sheets and infographics about the development review process; the roles of the different boards and commissions; how they interact; and how you can take part in those operations. You can find a new infographic on the Discretionary Permit process on our website and while we are still preparing other information, there are several ways to get involved. We have four boards and commissions directly involved with the planning process:

The Planning Commission, whose function is long range planning including preparation of the Town's Comprehensive Plan of Development, Zoning Regulations, and Subdivision Regulations.

The Development Review Board, which is responsible for reviewing and approving all proposed development projects. This includes conditional use, variance, site plan, and subdivision approvals. All meeting agendas, minutes, project proposals, and staff reports are posted to our website.

The Historic and Architectural Advisory Committee, which is responsible for making recommendations to the Development Review Board on applications subject to the Unified Development Bylaw. They also make recommendations regarding Certificates of Appropriateness for proposed construction, reconstruction, alteration, subdivision or other specified development in the Historic Preservation District.

The Conservation Commission, which advises the Planning Commission and Selectboard on matters relating to the Town's natural resources, including wetlands, open space, wildlife habitat, viewsheds, and rare and endangered animal and plant species. The Conservation Commission promotes open space and conservation through studies, negotiations and advice on the use of the Town Environmental Reserve Fund.

These are volunteer citizen boards who welcome participation from their fellow community members. Each meeting is open to the public and you can find the schedules, agendas, and minutes on our website. All meetings begin with time for general public comment not related to the agenda items. If you have a topic you'd like to discuss in depth, you can get in contact with the Planning and Zoning staff to see if it can be an agenda item. We hope that folks will continue to engage in productive dialogue and attend meetings so that the town may know the ideas of the citizenry which we work for.

Thank you to everyone who has shared their thoughts after reading the latest edition of "Planner's Corner." To clarify, there is not a 500-unit development proposed on Mountain View Road. The article used this 1983 proposal as an historical example in the title and opening paragraph to unite the main themes and concepts presented. This led to some confusion that is important to address.

Your Planning Department is here to help unravel the complexities of municipal land use and government process related to development and to provide you with tools to be an engaged and informed resident. I encourage anyone that has questions about Town land use and development to reach out to the Planning Office. I or another member of the staff will be happy to speak with or meet with you to answer your questions. In addition, there are collectively up to six public meetings held each month of boards and commissions staffed by the Planning Office where land use public policy is discussed. These meetings are additional opportunities to share your voice with appointed town volunteers charged with drafting and applying Williston land use policy.

The Planning Staff has engaged in great conversation about development and planning with residents as a result of the Planner's Corner article. We look forward to welcoming others to this discussion and answering your questions.

A residential project with more than 500 units is proposed. Six new major streets and 21 cul-de-sacs will be built on both sides of Mountain View and Old Stage Roads. While some of the dwellings will be single-family, many will be condominiums, and some will be rental units. All the open lands in the southwest corner of Mountain View Road will either be developed or planted with tall screening landscaping, obscuring the view of Camel's Hump from Mountain View Road. A public "concept review" hearing will be held.

This is not a fictional project, but it is a proposal from Williston's past- 1983 to be exact. You can see the plans and read more about it on the "Planning History" page of Williston's Planning Department Web Page. At that meeting in 1983, residents bemoaned the additional cars, traffic, children, and dogs the development would bring to town. One resident referred to condominium projects as "shanty towns," and a meeting attendee yelled out that "we ought to go and take up a collection and buy the whole damn farm and that would be the end of it."

While some things have changed in Williston since 1983, many haven't. A good portion of the land on that old concept plan remains undeveloped, and it also remains in the Town's Residential Zoning District, zoned for 3-5 dwelling units per acre, served by sewer and water, and planned for residential growth that looks much like Southridge, Old Stage Estates, and other nearby neighborhoods. Our staff still hears concerns about traffic and children, and while nobody has raised the specter of "shanty towns" of late, we've certainly heard people say that "those people's kids will play on our playground," or that a project might bring "apartment people" to town. One citizen once asked if the residents of a new project would be "renters, or would they be contributing to the community?"

As staff and volunteer board members, it can be tough to work through those types of meetings. Zoning has a checkered history in the United States and was often used to exclude "those people-" people of a "different" race, class, or ethnicity- from communities, even here in Vermont. Comments like some of those above are a significant distraction to the work of assessing a project's compliance with the Town's Zoning.

As in 1983, Williston may be entering a time where concerns about new development and the people who come with it are prominent. I would encourage Williston residents and all those who are concerned about development to have a look at the town's Official Zoning Map. The area we are talking about is the Residential Zoning District, shown in yellow. It allows 3-5 dwelling units per acre. Those units can be single units, duplexes, or bigger: triplexes and apartment flats- the only limitations are the height, setbacks and the base lot area. Affordable housing and connectivity to town roads and neighborhoods are encouraged, if not outright required. This is the set of rules the Town has developed, in accordance with its Comprehensive Plan. As I have in past posts, I urge all Williston citizens to read these documents.

Finally, while nobody took up a collection that night in 1983, the town does have an Environmental Reserve Fund that all taxpayers pay into, which is used to preserve open lands in Williston. Soon, Planning Staff hopes to analyze the Fund and the remaining open lands in Town to provide more information about how to fund that "collection" that was suggested in 1983.

Topic: Limits on Municipal Zoning Regulations

Welcome to Planner's Corner, a monthly update on the activities of the Williston Planning and Zoning Department. Recent development applications reviewed by the DRB including the VTrans Park & Ride and the Vermont State Police Barracks, have focused attention on ways in which the town's authority to regulate is limited.

Williston Development Bylaw Chapter 4 discusses different types of exemptions from the requirements of the bylaw. First, as provided by 24 V.S.A § 4413(b), public utility power generating plants and transmission facilities are fully exempt from Williston's permitting process. Any facility such as a solar array, wind-generating facility, gas line, electric transmission line or substation is regulated by the Vermont Public Service Board and not the town. What about small residential solar arrays? These are exempt from local permitting requirements only if they are net-metered, that is, if they produce electricity that goes back into the electric power grid. Otherwise they are subject to the normal permitting requirements.

Secondly, as provided by 24 V.S.A § 4413(d), certain agricultural and silvicultural practices are also exempt from local permitting, as long as the practice meets the State definition of a Required Agricultural Practice or Accepted Forest Management Practice, as determined by the Vermont Agency of Agriculture, Food and Markets or the Vermont Department of Forests, respectively. For example, a landowner who wishes to construct a barn to house livestock must notify the Zoning Administrator in writing of their plans and provide a determination from the Secretary of Agriculture that what they propose qualifies as "agriculture" under the state definition. In any event, local setbacks may still apply, as determined by the State.

As provided by 24 V.S.A § 4413(e), other partial exemptions to the bylaw include: state-operated institutions and facilities, public and private schools certified by the Department of Education, churches and other religious institutions, hospitals, regional solid waste management facilities, and some hazardous waste management facilities.

What can the town regulate under these partial exemptions? A permit is still required for the uses listed above. The town can regulate the "location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening" of these developments as long as it does not interfere with the intended functional use. The town strongly discourages partially exempted development on sites that are not zoned for the proposed use.

Finally, permits are not required for some minor development activity that is still subject to requirements of the bylaw. Such activities include accessory structures (decks, patios, play structures, sheds) that are less than 10 feet in height and have a footprint of less than 120 square feet (unless located in the Village Zoning District); maintenance activities such as replacing a roof or siding with similar materials; outdoor residential lighting; and directional signage. Regardless of whether a permit is needed, all these activities must comply with the town regulations. Planning staff are available to answer questions about town regulations and permitting requirements.

Welcome to Planner's Corner.

Williston has a long history of wrestling with development pressure. While the Town's vision (itself a product of compromise) is clear, achieving it is a process defined more by compromise than absolute authority. Towns in Vermont can only regulate what state allows them to. Some property owners are exempt from zoning. Property rights can only be limited within the boundaries of the Constitution. And, while the rules are laid out in black and white, reasonable people can disagree on their application.

In the past month, I have watched the DRB struggle mightily as they navigate these interdependencies and limitations. They review applications for new development carefully, always trying to build consensus and always returning, even when it is very late at night, to the vision the Town has forged in its Plan and wrought in its Unified Development Bylaw. Those two documents, created by Town citizens, are worth reading. They are a significant part of Williston's "Owner's Manual." The way land is preserved, used, and developed in Williston is a reflection of the vision expressed in them, tempered by real limits on the its power.

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

The Williston Planning Commission is considering a zoning change near South Brownell Road and Kirby Lane. The Planning Commission reviewed a citizen-initiated request at their meeting on October 1st and decided to take the next step and ask for more community input. No zoning bylaw or district boundary changes have been drafted at this time. A survey was mailed out on 11/20 to property owners and residents of the area. The Planning Commission is hosting an informational session on December 3rd to hear from the public.

How do I find out more information?
Go to town.williston.VT.us, and select "Public Records and Documents," then "Agenda and Minutes," then "Planning Commission," and December 3, 2019.

What are the boundaries of the zoning districts now?
The properties along South Brownell Road (approx. 665-1091 South Brownell Road) and Kirby Lane in the Residential Zoning District (RZD) are an "island." They are surrounded by the Industrial Zoning District West (IZDW) to the west, east and south and the Gateway Zoning District West (GZDW) to the north. The GZDW was created in 2015 to allow for some commercial uses for properties along Williston Road. (See map on Planning Commission webpage).

What types of changes could be made to the zoning map or zoning districts?
There are many tools in the tool box. For example, creating a new zoning district, moving the boundaries of existing zoning districts, or modifying the allowed uses and development standards of the existing districts. Some possible outcomes could allow for commercial or industrial uses in an area where currently only residential uses are allowed. The new or modified districts could have specific language to prohibit uses that are noisy, smelly, or create vibration (activities that typically create the most conflict for residential neighbors). Scale and intensity of use can be restricted by regulating the size and scale of buildings. Zoning bylaws could set restrictions on outdoor storage, outdoor work areas, solid waste management, outdoor lighting, hours of operation, and/or screening requirements (landscape buffers and fences).

What are the challenges to changing zoning regulations?
Zoning districts cannot be revised for a single parcel ("spot zoning"). Rather, zoning district revisions must consider the area as a whole and uphold the goals in the Town Plan. Conflicts arise when residential and industrial properties abut each other. Allowed uses in the IZDW are vast and varied. Some uses, such as a veterinary office, are more compatible with residential neighbors than others, like a concrete factory or an autobody shop. Simply moving a boundary of existing zoning districts may not be the best solution, because there would still be a line between residential and commercial/industrial properties where conflicts and nuisances will remain.
Here's a summary of what's coming up for the last board meetings of 2019! 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.

Williston needs your help planning for its transportation future!

In August of 2019, the Williston Planning Commission adopted a resolution to establish a committee to work on two specific projects: developing an Official Map for the Town and exploring opportunities for other transportation facilities and programming, (like local park-and-rides, transit services, and beyond!) to help make Williston's transportation future more diverse, sustainable and efficient. The Town is now actively seeking members for this committee, which is expected to meet on a monthly basis through September of 2020. More information is available on the town website via Departments/Planning and Zoning/Move Williston Committee, or contact Planning Director Matt Boulanger.

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

We've had lots of activity on our trails and in our natural areas lately! Over the past year, the Vermont Master Naturalist Program launched a course here in Williston. This program connects local citizens to the nature of their town through professional training and volunteer projects. Starting last November and running through this spring, 17 local citizens participated in 30 hours of training led by professional naturalists. Visiting key natural areas, participants learned about the geology, soils, natural communities, wildlife and land use history of Williston. Since graduation, the Williston class has been working in teams to design and complete projects such as: stewardship of recently planted streamside trees and shrubs, outreach about pollinator-friendly landscaping practices, inventorying invasive plants, designing an interpretive trail on the Town Hall Fields, organizing a public walk series at the Catamount Community Forest, and leading public bird monitoring walks at other town natural areas. It has been a privilege to work with such an engaged and committed group. For more information, visit vermontmasternaturalist.org.

Town staff and volunteers have been working hard to manage invasive plants on town natural areas. Thus far, there have been two volunteer invasives removal workdays, to remove garlic mustard from around the Sucker Brook Hollow Country Park trailhead and to clear glossy buckthorn from around the viewing platform at Mud Pond Conservation Area. Additional workdays are scheduled for August 8 and September 15. For more information, visit the Williston Planning and Zoning Facebook page and look for future announcements on Front Porch Forum.

The Williston Conservation Commission (WCC) and town staff are responsible for managing the Town's growing network of parks and trails. Although contractors do some of the work, we largely rely on local volunteers and businesses to complete smaller trail projects and routine maintenance. This year we're initiating a program called "Adopt-a-Trail" to engage volunteers in the stewardship of local trails. Conservation Intern Maddy Zimmerman has been organizing and promoting this new program. For more information, visit the Natural Resources/Trails/Adopt-a-Trail page on the town website.

The Village Zoning District (VZD) we know and love could not be built under today's bylaw standards. A range of architectural styles, housing options, parcel sizes, and uses give the village its unique character. But there's a mismatch between the goals of the Comprehensive Plan and the bylaw. At 2 dwelling units per acre (DU/acre), allowed residential density in the village is the lowest it's ever been (highest was 6 DU/acre) and lower than the surrounding residential districts. 38% of existing residential properties are above the allowed density and nonconforming. The highest density is 11.4 DU/acre, but only because a small 0.35-acre parcel has 4 dwelling units. For commercial uses, there's a hard limit on floor area (2,500 SF on any one level, up to 4,000 SF total). Whitney Hill Homestead, a senior living facility, could not be permitted today. The current standards present a challenge: they are not good at preventing what Williston doesn't want and too blunt to allow things that are desirable.

Without specifying residential density in terms of dwelling units per acre and commercial floor area limits, would the village be destroyed by big apartment buildings and large retail? No. With the right standards the village can accommodate a diversity of uses and vibrancy, while protecting its historic character. The strongest tool is form-based code. Standards for the size, scale, and massing of structures and architectural design are critical for preserving the development pattern of the village. Customized standards for access, parking, landscaping, and setbacks among others will ensure that residential, commercial, and mixed-use projects are appropriate for the district and respectful of their neighboring properties. Focusing on how a site looks and functions, rather than "what or how many," will naturally limit the intensity of use on a property.

The Historic and Architectural Advisory Committee (HAAC) is wrestling with these challenges and exploring solutions as they draft revisions to Chapter 42 of the Unified Development Bylaw. This action item is called for in the Village Master Plan, an amendment to the Comprehensive Plan adopted November 2018. The Planning Commission and HAAC will refine the draft through a public input process (expect pizza!) and hearings before it goes to the Selectboard for approval. The HAAC and Planning Commission meet on first and third Tuesdays every month. If you're curious to learn more, please read the Village Master Plan and come to the meetings with questions or comments. Letters and emails are also encouraged – we understand that night meetings don't work for everyone!

This month’s topic: Signs!

The number, size, placement, and design of signs in Williston is a critical part of how the town looks and feels as it grows. Great buildings and sites with attractive features can be undermined by poorly planned or placed signage.  With spring flowers, illegally placed off-site signs inevitably begin to sprout, compromising viewsheds the Town has worked hard to preserve. Williston Planning staff conducts quarterly sign sweeps to remove illegal signs and to assess what other sorts of enforcement related to signs needs to go on our “to-do” list. Here are some things to know about signs in Williston:

-Williston is content-neutral when it comes to sign regulation. What a sign says and whether its message is commercial, political, religious, or otherwise does not impact whether or how it is allowed.

-Williston does not allow off-site signs with the exception of a few types of agricultural signs as defined by state law.  Williston also does not allow the placement of any signs in the right-of-way of public roads.

-This means that almost all temporary signs placed in the public right-of-way, regardless of message, are subject to enforcement and removal.

-The planning staff often gets questions about real estate signs advertising homes for sale. These are allowed without a permit, but must be on-site.  Real estate signs are covered by a provision in the bylaws that allows one temporary sign no bigger than six square feet and for not more than 90 days in a calendar year, on any one property, regardless of that sign’s message. The one sign/90 days rule also applies to subdivision common land.    

-Off-site real estate signs are treated like any other off-site sign and are subject to the same removal and enforcement provisions as any other off-site sign.

-Other than the temporary signs described above, all signs in Williston require some kind of permit. This includes things you might not think of as signs, like flags, window clings, inflatables, and even vehicles that carry a commercial message, when they are not parked in regular parking space.

-Window signs can’t cover more than 25% of the window they are applied to. Full coverage of building windows with signs is a violation of the town’s bylaws.  

-Williston does not allow new internally-illuminated signs and will require all existing internally-illuminated signs to be brought into compliance in January of 2025.

-If you have questions about signs, please call us and ask! Sign rules can get pretty complicated, and the planning staff can help you navigate them.

(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.

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.

Topic of the Month: The Development Review Process: Common Questions Answered

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.

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.

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.

Greetings, Williston!

Welcome to the very first edition of Planner's Corner, a monthly update on the activities of the Williston Planning and Zoning Department. It’s been a busy November, and you may have noticed construction activities at Finney Crossing, where a new bank building, a 100-room hotel, and a three-story apartment building are all under construction at once. Earthwork has also begun across the street at Cottonwood Crossing, a mixed-use project that received approvals from the town a little over a year ago. A new senior housing project is nearly complete in Blair Park and an existing building in Maple Tree Place is being renovated for use as a restaurant. Information about major developments in town, including site plans and drawings, is available at this link.

In the office, the staff has been busy reviewing the final batch of subdivision pre-applications for the calendar year, which will return for “growth management” review by the Development Review Board in March. At the same time, the Planning Commission has been working on revised growth management rules, parking standards, transportation impact fees, and more. It’s worth noting that amendments to the Town Plan prepared by the Commission with advice from the Conservation Commission and the Historic and Architectural Advisory Committee were recently adopted by the Selectboard. Our town plan now includes enhanced language about protecting archaeological resources as well as a whole new Village Master Plan calling for the town to take action in the Village to ensure we have good land use standards, great streets, sidewalks, and paths, and a vibrant Village that realizes its potential as a civic, residential, and commercial center of town.

Of course, our staff is ready to assist any Williston residents and contractors 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.