Williston Observer

Surprising items among debris

By Tom Gresham
Observer staff

When a collection of six University of Vermont seniors first visited the stretch of the Muddy Brook corridor they had been assigned to study, it was winter and snow blanketed the brook’s steep, eroded banks.

Therefore, it was a shock when the students arrived in April, after the snow had melted, and discovered the garbage that was littered across the land. The soda cans and fast food bags were no surprise, but the mufflers, sink, refrigerator, doors and automobile took them aback.

“This place is gross,” Liz Harrison, one of the group members, said last week. “I don’t know how some of that stuff got down there.”

The students returned last week to clean up as much of the garbage as they could. The group was one of five in Professor J. Ellen Marsden’s conservation biology class to study portions of the Muddy Brook this spring. Harrison’s group was responsible for the stretch extending north from U.S. Route 2 to the Winooski River.

The students’ clean-up plan was designed to improve conditions for wildlife and water quality along the Muddy Brook, which divides Williston and South Burlington.

The brook serves as a wildlife corridor, though the erosion of the banks and the presence of eight roads that cross the brook can make for less than ideal travel. Harrison said the group encountered a flock of turkeys and a deer when it visited in the winter. It saw two dead beavers this spring.

Harrison, Leo Velez, Sarah Curtiss, Andrew Eberly, Ryan Boylan and Raphael Okutoro arrived at 9 a.m. last Thursday and began hauling the trash from the nearby woods.

The students had performed an inventory of the garbage on April 17 and had utilized it, along with the aid of Public Works Director Neil Boyden, to secure a $300 grant from the Chittenden Solid Waste District for disposal of the collected refuse. A short video of the students’ inventory of the trash can be seen at www.uvm.edu/~velez.

The bulk of the trash was found on the banks near U.S. Route 2 and a nearby shopping center. Curtiss said the brook’s banks are much less affected closer to the Winooski.

The students did not find the refrigerator, nor did they attempt to remove the automobile. The sharp, often muddy incline of the bank made it difficult to access some of the trash and to carry away the larger items. Some of the debris deposited in the area likely ends up being funneled down the banks into the brook, destined to be carried to the Winooski River.

A seven-mile portion of the Muddy Brook is included on the state’s list of impaired waterways because of issues with toxics, nutrients and temperature. The impairment is attributed to land development and the lack of buffers.

The students speculated about where some of the trash might have originated, but emphasized they did not know for sure. They described watching a snowplow shove large amounts of snow from a parking lot down the South Burlington bank of the brook on one of their visits, carrying untold amounts of debris.

Harrison said removing the trash would not likely affect the fate of the wildlife that frequent the Muddy Brook corridor. However, she said, the group’s work might raise awareness of the issues at the brook.

“We felt like if we got things cleaned up and looking better here, then people might get interested in what’s going on in this area and taking better care of it,” Harrison said.

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Board split on changes to existing regulations

By Tom Gresham
Observer staff

A divided Selectboard approved interim subdivision regulations Monday night that will significantly alter the town’s growth controls, producing a more even-handed system for developers, town officials said.

Approximately 25 people attended the public hearing on two proposed drafts of the interim subdivision regulations. Audience members who spoke were overwhelmingly supportive of the draft titled “Skipping Ahead.” The Selectboard ultimately passed that draft with some minor clarifications by a vote of 3-2.

The regulations are designed to eliminate some obstacles large and small residential projects currently face when attempting to receive the phasing allocations they need to build. Under the current regulations, mid-sized developments have a substantial advantage in navigating the development review process.

The new regulations will ensure that projects are evaluated on a more equitable basis, according to Town Planner Lee Nellis. Small subdivisions outside of the town’s sewer district will not be overshadowed by mid-sized and large projects in the Taft Corners area, where the town hopes to focus growth. Instead, projects will be evaluated on their own merits and not in comparison to dissimilar proposals.

Meanwhile, larger projects will be able to receive phasing on a more advanced schedule, allowing projects to be built faster and more affordably. Finally, the town will better link phasing and sewer allocations in an effort to eliminate instances where developers receive the phasing to build, but do not get the sewer capacity to support construction.

Most of those attending the session said the proposed regulations would produce a more reasonable approach to the residential phasing process, eliminating some of the inequalities that exist under the current rules. Variations of the word “fair” were repeated frequently.

“’Skipping Ahead’ is much more objective, much fairer for everyone across the board, regardless of the district they’re in,” said Cathy O’Brien, a member of the Development Review Board.

Selectboard members Jeff Fehrs and Andy Mikell cast votes against the proposal, saying the regulations needed further study and more time to be considered. The two emphasized that the regulations would have a major impact on development in town the next 10 years and should be fully explored before being activated.

“Too much too fast with too many uncertainties,” Mikell said, explaining his position.

However, Selectboard Chairwoman Ginny Lyons and board member Ted Kenney argued the town had already analyzed the regulations and their ramifications in sufficient depth. (Selectboard member Terry Macaig voted to approve the regulations, but did not speak on the topic.) The Selectboard began reviewing versions of the proposed interim regulations in November, and they have been a frequent agenda topic in the subsequent months.

“We need to bring some closure to this process,” Lyons said. “It’s been dragged out to a point that is really inappropriate.”

In order to make the new regulations work, the Selectboard needed to approve changes in the town’s sewer allocation ordinance that would support the new subdivision rules. The Selectboard approved the proposed sewer allocation ordinance by a vote of 4-1 on Monday night. Mikell opposed the ordinance.

The amendments in the ordinance will not go into effect until late July, at the end of a required 60-day period. That amounts to a delay of a few weeks for the developers, who ordinarily would have a chance to seek sewer allocations starting July 1.

Mikell and Fehrs wanted to consider concerns raised in an e-mail from Development Review Board Chairman Kevin McDermott about the impact of the interim subdivision regulations on affordable housing. They advocated having the Planning Commission review the issues at its next meeting.

However, the other three board members decided the issues McDermott raised were not significant enough to postpone the passage of the new rules.

Similarly, the three board members who approved the regulations decided not to incorporate two proposed changes the Planning Commission made for the “Skipping Ahead” proposal. Because the changes were deemed substantive, the Selectboard would have been legally obligated to hold another public hearing on the proposed regulations. The hearing would likely have been scheduled for sometime in June.

Among those supporting the new rules Monday night were Ken Stone and Tom Vieth, who were representing the Williston Interfaith Affordable Housing Committee. They said the new regulations would help bring more affordable housing to town.

Two applicants currently awaiting a ruling on their phasing request also endorsed the proposal. They represented both the small and large ends of the development spectrum.

Jan DeSarno, who with her husband, Dave, has a three-lot subdivision planned on six acres, said the new regulations would make more sense than the current ones.

“We don’t think it’s fair that a small subdivision should be put in with a 300-lot subdivision,” DeSarno said.

Bob Snyder, president of the Snyder Companies, which is one of the developers involved in the 350-unit mixed-use subdivision for the Pecor horse farm, also spoke in favor of the proposal.

“I think it’s much fairer,” Snyder said. “Regardless of size, it opens up opportunities for everyone.”

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New rules will not be strictly enforced

By Tom Gresham
Observer staff

The Williston Selectboard on Monday passed an ordinance that regulates how residents use bike paths and sidewalks.

The ordinance, which was approved by a 5-0 vote, includes a provision that gives pedestrians the right of way on paths. Other parts of the new ordinance require users to travel at safe speeds and dogs to be leashed. Fines for violations range from $25 to $125.

The dog provision attracted most of a crowd of 14 that attended an April 18 public hearing on the ordinance.

The dog lovers, most of whom are frequent users of the section of the bike path at Williston Community Park, said they did not want to be fined for allowing their dogs to walk off a leash. The dog owners insisted that they could maintain control of their pets without leashes.

The town already has a dog control ordinance that says dogs must be leashed unless they are being used or trained for hunting. The ordinance is not strictly enforced.

Town officials assured the dog walkers that the town would not actively enforce the paths ordinance, either. The town will instead only respond to complaints about violations. Public Works Director Neil Boyden said he has not received a single complaint about bike path behavior in the past eight to 10 years.

Town Manager Rick McGuire compared the bike path ordinance to the town’s noise ordinance. He pointed out that police officers only enforce the noise ordinance in response to complaints and do not patrol for violations.

Selectboard Chairwoman Ginny Lyons said that approach was sensible. She said municipal officials could spend all day enforcing the town’s various ordinances.

Selectboard member Jeff Fehrs missed the public hearing on the bike path ordinance, but reviewed the minutes of the meeting. He said Monday that he had some initial concerns with the ordinance and the board’s statements indicating that the town would not actively enforce the new rules. However, he said a recent incident in town in which an unleashed dog bit a resident changed his mind about the sidewalk and bike path ordinance.

“The incident with the dog made me think that maybe in some cases it’s a good idea to have an ordinance even when we’re not necessarily going to enforce it,” Fehrs said.

Town officials have emphasized that the ordinance was not developed to limit uses of sidewalks and bike paths, including the practice of allowing dogs to run free. The ordinance was instead intended to limit the liability of property owners who grant the town easements that allow paths to cross their property.

Boyden has been meeting with property owners to ask for easements that would allow for construction of bike path extensions. Some property owners have expressed concern about their legal liability, he said. Three property owners who attended the April 18 hearing seemed satisfied with the new ordinance’s protections.

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By Tom Gresham
Observer staff

Acting on an anonymous tip, Williston police officers last week crashed a small underage drinking and pot-smoking party and broke it up before it could become a larger gathering.

Williston Police Officer Brian Claffy said five teenagers were ultimately cited in some way for alcohol violations in the incident. Claffy said the odor of marijuana was also evident inside the Hillcrest Lane house where the party was located, though no one was charged with a drug offense.

Claffy said police arrived at approximately 9:45 p.m. at the house, finding a small gathering of teenagers.

“I think it seemed as though it was going to be something bigger,” Claffy said. “If we hadn’t gotten the tip that we did, I think they would have had a pretty decently sized party.”

Claffy said police received written information Friday that teenagers would be holding a party involving alcohol at the Hillcrest Lane house that night. The parents of the teenage host of the party were out of town.

Police repeatedly visited the street and drove by the house during the evening. Eventually, police recognized activity in the house and knocked on the door. The 15-year-old male who lives at the residence refused to allow police inside, Claffy said. However, Claffy said, the youth was “clearly under the influence of something other than alcohol,” and police took him into protective custody.

The 15-year-old was staying with neighbors while his parents were out of town. The neighbors were out for a few hours Friday and could not be reached. Neither could police contact the owners of the house.

The five other teens at the house would not leave the residence initially, Claffy said. Police officers stationed themselves at both the front and back doors of the residence. Two of the teens eventually relented and came outside to speak to officers.

The 15-year-old who lives at the house then gave the officers consent to enter the residence. Claffy said police did not search the house, but did gather the remaining teens who were inside. Each youth was given a Breathalyzer test. Police confiscated nine cans of beer from the house.

Two of the teens had not been drinking, including the 15-year-old who lives at the house. Claffy said one of the teens admitted to flushing marijuana down a toilet.

Police learned the names of each of the youths at the house and called their parents. The parents arrived to collect their children. The neighbors who were watching the 15-year-old also arrived. Their son was among those teens involved. Claffy said each of the parents was cooperative and helpful to police.

Two of the teens were given notices for an alcohol diversion program. Claffy said if the teens complete the program then their respective alcohol citations will be dropped.

Two other teens had previous alcohol violations. One was issued an alcohol citation, and the other was cited for violating juvenile probation.

Police declined to release the names of any of the teens because their cases are being treated as juvenile offenses. Police also did not indicate whether those cited were all Williston residents.

Another teen was given a notice for the alcohol diversion program during a traffic stop near the house Friday night. The teen was traveling in a vehicle with other youths. They appeared to be arriving for the party, Claffy said. He said he confiscated beer and rum from that vehicle.

Claffy said he observed multiple vehicles carrying juveniles turn onto Hillcrest Lane and the turn around after seeing police cruisers at the house.

Williston Police Chief Ozzie Glidden said he expects similar incidents involving youths and alcohol in the coming months.

“These types of things are not unusual, especially this time of year,” Glidden said

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By Tom Gresham
Observer staff

The Selectboard approved on Monday the addition of two supervisory positions in the Williston Police Department in an effort to improve officer retention.

The force will add two patrol sergeant positions under the plan. One sergeant will cover the 4 p.m. to midnight shift, while the other will cover the midnight to 8 a.m. shift. The sergeants will rotate shifts every three months.

Currently, the force only has two supervisors, Chief Ozzie Glidden and Detective Sergeant Bart Chamberlain. Both typically cover the 8 a.m. to 4 p.m. shift on weekdays.

Town Manager Rick McGuire said the proposal, which was approved by the Williston Police Officers Association, a chapter of Teamsters Local 597, will give officers an increased opportunity for advancement. The lack of promotion possibilities has been frequently cited as one reason for the high turnover rate of officers in the Williston Police Department, which has had chronic problems keeping its full allotment of officers.

“This will provide an extra incentive for officers to stay,” McGuire said.

The new sergeant spots will replace two officer positions. McGuire said it will cost the town approximately $6,000 to add the senior positions.

Brennan Woods complaint

Fred Reiner of the Brennan Woods subdivision took the Selectboard to task on Monday for what he says is the town’s failure to crack down on speeders on Brennan Woods Road.

Reiner said he has previously spoken to the town about the issue, but has not seen any results. He said the speed of traffic combined with the preponderance of children in the development meant that a resulting tragedy was “not a question of if but when.”

Selectboard Chairwoman Ginny Lyons said the board would get input from Police Chief Ozzie Glidden about the police department’s monitoring of traffic in the neighborhood.

When Reiner declined to return to the audience until he heard what the board’s “action items” would be on the issue, Lyons said the board could not consider the question in detail because it was not on the agenda. She said the Selectboard would not know what the specific issues on the road were until municipal staff had done some research.

The town does not own the road, but Reiner said that should not be a factor. “I’m paying taxes, but I’m not receiving services for them,” he said.

Board appointments

The Selectboard appointed Brent Raymond to the Development Review Board and Randy Stevens to the Conservation Commission.

Raymond, who works in the corporate trust department at BankNorth, previously served as a trustee for public funds for the town. Stevens is a stone artist and developer.

The board also renewed the terms of a host of incumbents, including Gary Hawley, Richard Pritsky and Jean Kissner (Conservation Commission); Joy Peterson and Jane Petrillo (Design Advisory Committee); Kevin McDermott (Development Review Board); Steve Bradish (Planning Commission); and Caroline Ford (Recreation Committee).

Among the remaining openings are one spot on the Conservation Commission, one spot on the Design Advisory Committee, one spot on the Planning Commission and four spots on the Recreation Committee.

Michael Healey and Tianna Tomasi have applied for positions on the Recreation Committee.

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