Williston Observer

Homeowner subject to $100-a-day fines

By Greg Elias
Observer staff

The Development Review Board on Tuesday rejected an appeal from homeowners accused of violating town ordinance by installing a parking area in their front yard.

Scott and Miranda Roth, along with their neighbors, Forest and Erika White, received a citation last month after building what they considered a gravel turnaround in their yards. Both couples live along U.S. 2 in Williston’s historic district, which has strict rules designed to preserve its character and appearance.

The citation said the couples violated a rule that forbids parking spaces in the district’s greenbelt, the area between homes. It also stated that the couples failed to seek the required permit before laying gravel and enlarging the area.

Scott Roth told the Observer earlier this month that he felt that improving the parking area–he called it a turnaround – was routine maintenance, which is exempt under the ordinance and not subject to permitting requirements.

Roth pleaded his case during the board’s session Tuesday night. The Whites’ appeal is scheduled to be heard later this month.

Roth acknowledged that in hindsight he should have sought a permit. But he asserted that it was not a parking lot. “It’s not a parking space, it’s a turnaround,” he said, adding that he only occasionally parks in the space.

Zoning administrator D.K. Johnston, who issued the zoning violation, said it was in fact a parking lot and so was not allowed. “Quite simply put, parking isn’t a permitted use in greenbelt along Route 2,” Johnston said.

Roth claimed he was being unfairly singled out, saying there are several other turnarounds in front of homes in the historic district.

Board member Kelly Barland was not swayed by that argument, noting that the other turnarounds existed prior to the historic district’s establishment in 1988 and so were not subject to the ordinance.

Roth insisted that forcing him to remove it would create a safety hazard. He said traffic has increased greatly in recent years and without a turnaround he would have to back onto busy Route 2.

“If you find I can’t have a parking lot in front, I’m still going to have to turn around somewhere,” he said. “You can’t back onto Route 2. It’s not safe.”

There was also considerable discussion of the turnaround or parking area’s history. Both Roth and the town agreed it existed before the couple bought the house.

Roth said it was unfair to cite him for a violation that was there before he moved in. But board member Scott Rieley said improving and enlarging it triggered enforcement.

Roth offered to compromise by reducing the size of the turnaround, which he said is 26 feet wide and 20 feet long. He said it would be impossible to relocate it behind his home, which he claimed is not large enough and would force him to cut down a huge maple tree.

He also said making the change would cost thousands.

“I can’t afford $8,000 to put parking in the back – and that doesn’t include removing the tree,” Roth said.

Following the hearing, the board held a closed-door session to consider the case. After about 30 minutes, the board reopened the meeting and unanimously voted to reject the appeal.

Barland gave several reasons for the ruling. He said the town’s rules clearly forbid parking areas in the historic district’s greenbelt. He also said the fact that it existed before the Roths bought their house did not allow the couple to continue to violate the ordinance.

Johnston displayed photos of the Roths’ house that he said were taken in 1988 before the historic district was established. They showed there was no parking area in the front yard.

In its ruling, the board ordered the parking area removed within seven days of receipt of the formal notice of decision or else be subject to $100-a-day fines.

The appeal by the Whites, Roth’s neighbors, is scheduled to be heard by the board on July 24.

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Town threatens fines over gravel turnaround

By Greg Elias
Observer staff

Scott Roth figured a gravel turnaround would eliminate a muddy mess in his front yard and ease access to busy U.S. 2 in Williston Village. It worked, helping keep his yard dry and allowing he and his wife Miranda to avoid backing onto the busy thoroughfare.

But then they collided with a town ordinance.

The couple and their neighbors, Forrest and Erika White, have been cited for making changes to their historic district properties without a permit. The violation could subject each couple to $100-a-day fines and require them to tear out the turnarounds and replace them with grass.

The ordinance is intended to preserve the district’s historic feel. Both Scott Roth and Forrest White say they support the idea, but feel blindsided by hard-to-understand rules.

“To me it seems a bit unreasonable that we can’t have a turnaround in our front yard,” Roth said. “All we were doing is improving on what we already had. We didn’t realize we had opened up a huge can of worms.”

Roth said he and his neighbors never sought a permit because they thought the work was routine maintenance, which is exempt from the ordinance.

The violation concerns a shared gravel-covered area in front of both homes. Driveways run from it back to each house.

Zoning Administrator D.K. Johnston said the turnaround – he asserts it is actually a parking lot because of its size – is prohibited in front of properties along U.S. 2 in the historic district. The district stretches from Immaculate Heart of Mary Catholic Church to just east of Oak Hill Road.

Johnston pointed to a section of the ordinance that calls for preservation of the historic district’s “greenbelt,” the area between the road and buildings. Sidewalks and driveways are permitted in the greenbelt, he said, but parking lots are not.

“The greenbelt’s composition is an integral part of Village streetscape,” the ordinance states. “It provides space for pedestrians, softens the impact of traffic noise and pollution, and serves to frame and give a setting to the historic structures and other buildings found in the village.”

Since moving to Williston in 1999, Roth said he has struggled with the bowl-shaped area in front of his house, which collects water and becomes a muddy mire when the ground is wet. And he said both driveways are too narrow to allow vehicles to turn around without running over the grass, making the situation worse.

Roth said it cost $3,000 for his share of the improvements, which included laying gravel and doing drainage work. Forrest White said his cost for just adding gravel was $500.

“I think it blends in pretty well,” Roth said. “I don’t think we’ve done anything egregious.”

Indeed, other historic district residents and businesses have paved and gravel-surfaced areas in their front yards. But Johnston said some are grandfathered in because they existed before the historic district was established in 1988.

Others that once had front parking lots, such as the recently expanded Sew Many Treasures business, have been required to move their lots to the side or back when they were altered.

The zoning dispute comes as the town mulls a second historic district in North Williston. It points out that such districts impose additional rules and restrictions for property owners.

Johnston declined to say whether he thought the enforcement action would hurt support for the proposed district. He did note that North Williston is in an agricultural area and so would likely be governed by different rules.

Roth and White had in past years sought permits for changes to their homes. Both said they thought they knew historic district rules and so were surprised when they received a notice of violation in late May. The Whites were also cited for running a business from their home without a permit.

“We are a little bitter about this because we didn’t understand what was going on,” said Forrest White.

But Johnston said such a blatant violation could not be overlooked. He said he and other members of the planning staff constantly drive by the homes, which are located a short distance west of Town Hall.

Johnston and both couples said they still hope to negotiate a settlement. The town would have to take the case to court before any fine could be imposed.

Meanwhile, the Roths have appealed the violation and White said he and his wife plan to appeal. The appeals will be considered during a June 26 hearing before the Williston Development Review Board.
Roth said he likes living in the historic district and doesn’t mind rules designed to preserve it. But he said the town’s enforcement in his case defies logic.

“We really enjoy living in the village,” Roth said. “We’re close to school, close to everything else. But it just seems with this that common sense has been thrown out the window.”

[Read more...]

Town threatens fines over gravel turnaround

By Greg Elias
Observer staff

Scott Roth figured a gravel turnaround would eliminate a muddy mess in his front yard and ease access to busy U.S. 2 in Williston Village. It worked, helping keep his yard dry and allowing he and his wife Miranda to avoid backing onto the busy thoroughfare.

But then they collided with a town ordinance.

The couple and their neighbors, Forrest and Erika White, have been cited for making changes to their historic district properties without a permit. The violation could subject each couple to $100-a-day fines and require them to tear out the turnarounds and replace them with grass.

The ordinance is intended to preserve the district’s historic feel. Both Scott Roth and Forrest White say they support the idea, but feel blindsided by hard-to-understand rules.

“To me it seems a bit unreasonable that we can’t have a turnaround in our front yard,” Roth said. “All we were doing is improving on what we already had. We didn’t realize we had opened up a huge can of worms.”

Roth said he and his neighbors never sought a permit because they thought the work was routine maintenance, which is exempt from the ordinance.

The violation concerns a shared gravel-covered area in front of both homes. Driveways run from it back to each house.

Zoning Administrator D.K. Johnston said the turnaround – he asserts it is actually a parking lot because of its size – is prohibited in front of properties along U.S. 2 in the historic district. The district stretches from Immaculate Heart of Mary Catholic Church to just east of Oak Hill Road.

Johnston pointed to a section of the ordinance that calls for preservation of the historic district’s “greenbelt,” the area between the road and buildings. Sidewalks and driveways are permitted in the greenbelt, he said, but parking lots are not.

“The greenbelt’s composition is an integral part of Village streetscape,” the ordinance states. “It provides space for pedestrians, softens the impact of traffic noise and pollution, and serves to frame and give a setting to the historic structures and other buildings found in the village.”

Since moving to Williston in 1999, Roth said he has struggled with the bowl-shaped area in front of his house, which collects water and becomes a muddy mire when the ground is wet. And he said both driveways are too narrow to allow vehicles to turn around without running over the grass, making the situation worse.

Roth said it cost $3,000 for his share of the improvements, which included laying gravel and doing drainage work. Forrest White said his cost for just adding gravel was $500.

“I think it blends in pretty well,” Roth said. “I don’t think we’ve done anything egregious.”

Indeed, other historic district residents and businesses have paved and gravel-surfaced areas in their front yards. But Johnston said some are grandfathered in because they existed before the historic district was established in 1988.

Others that once had front parking lots, such as the recently expanded Sew Many Treasures business, have been required to move their lots to the side or back when they were altered.

The zoning dispute comes as the town mulls a second historic district in North Williston. It points out that such districts impose additional rules and restrictions for property owners.

Johnston declined to say whether he thought the enforcement action would hurt support for the proposed district. He did note that North Williston is in an agricultural area and so would likely be governed by different rules.

Roth and White had in past years sought permits for changes to their homes. Both said they thought they knew historic district rules and so were surprised when they received a notice of violation in late May. The Whites were also cited for running a business from their home without a permit.

“We are a little bitter about this because we didn’t understand what was going on,” said Forrest White.

But Johnston said such a blatant violation could not be overlooked. He said he and other members of the planning staff constantly drive by the homes, which are located a short distance west of Town Hall.

Johnston and both couples said they still hope to negotiate a settlement. The town would have to take the case to court before any fine could be imposed.

Meanwhile, the Roths have appealed the violation and White said he and his wife plan to appeal. The appeals will be considered during a June 26 hearing before the Williston Development Review Board.
Roth said he likes living in the historic district and doesn’t mind rules designed to preserve it. But he said the town’s enforcement in his case defies logic.

“We really enjoy living in the village,” Roth said. “We’re close to school, close to everything else. But it just seems with this that common sense has been thrown out the window.”

[Read more...]

By Kim Howard
Observer staff

On his first day of work in the U.S. Senate, Taylor Bates was forced to sit on the floor.

There were plenty of seats in the staffers’ gallery for Bates and the other new Senate pages that January day. But those in charge of the Senate Page Program had a point to make.

“In the Senate, seniority is everything,” Bates, 17, said on Tuesday. “They were trying to impress upon us as the youngest members of the Senate hierarchy, we were also the lowest members of the Senate hierarchy.”

After four and a half months in Washington, D.C., the Williston resident and Champlain Valley Union High School junior returned home last weekend with fond memories, new friends and a deeper sense of the power of government.

Nominated by Sen. Patrick Leahy, D-Vt., Bates was one of 30 high school juniors nationally to spend his spring semester delivering messages and packages, tallying votes and calling them in, fetching water for Senators, opening doors, and doing anything else that needed doing.

Bates said roughly half the time the Senate floor was silent – for example, when committee meetings were in progress. But he said he saw several “very good floor exchanges” between Sen. Barack Obama, D-Ill., and Sen. Lindsey Graham, R-N.C., on the immigration debate.

“Senator (Richard) Durbin and Senator (Ted) Kennedy were always very impressive speakers,” Bates added.

Bates and his peers lived in a former funeral home, now a dormitory, with a classroom in the basement. Days were long. School for the pages began at 6:15 a.m. and ended by 8:45 a.m. Pages were at work before the Senate was called to order, typically at 10 a.m.

Pages work rotating shifts, one hour on and one hour off, cramming homework into the hours they are not on call. The early shift finished by 6 p.m., Bates said. Once when Bates worked the late shift, the Senate adjourned at 1 a.m. Any adjournments after 10 p.m. meant school was canceled the next morning.

Bates, who was enrolled in several Advanced Placement classes last fall at CVU High School, doesn’t anticipate his senior year will be challenging compared with what he’s just been through.

“I worked 12-hour days with three hours of school and four hours of homework and have been able to survive that and come out of it with good grades,” he said. “I feel more prepared for college. I really feel much more – I feel like I understand people better.”

FORGING BONDS

On the day Bates arrived, he could tell his new peer group was “an interesting slice of the country.”

“Someone would stand up and speak and suddenly the whole room would be filled with this deep southern drawl or a twangy Michigan accent,” Bates said.

Bates’s new best friends are from Mississippi and Washington. Leaving the other pages last weekend was far harder for Bates than leaving home in January, he said. Living together in tight dormitory quarters, in a high-pressure environment, meant a loss of personal space and the forging of bonds.

“Everyone has just developed such a great respect for each other,” he said. “It’s hard to go back to a place where people don’t know you as well.”

U.S. Congressional pages – whether they work in the Senate or the House – must be high school juniors, aged 16 or older. Pages are nominated by one of their state’s senators. Academic standing is among the most important criteria in the final selection of a page.

Being a Vermont Statehouse legislative page as an eighth grader is what strengthened Bates’ interest in applying to work at the national level. After a semester in the nation’s capital, watching how “one person can really change the world,” he said, Bates is looking forward to his future.

“I don’t know if I’d be honored to get to that position,” he said of senators. “I’ll play it by ear, kind of, but I’d like to be in a position where I can help history change, and help it change for the better.”

High school students who will be sophomores in the fall are eligible to apply for the next Senate Page Program deadline (Feb. 29, 2008) for the 2008-09 academic year. Information is available at the following Web site: leahy.senate.gov/office/senatepage.html

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By Kim Howard
Observer staff

The head of Chittenden Solid Waste District has proposed shelving permitting applications for a regional landfill in Williston for up to one year.

General Manager Tom Moreau proposed to the Board of Commissioners late last month that permit applications be shelved after the landfill’s conceptual design and economic modeling are completed, according to a Channel 17 recording and unapproved minutes of the May 23 meeting. During that 12-month period, Moreau told the board, waste district staff could focus on enhancing recycling and waste reduction programs.

The board made no decision regarding Moreau’s proposal but is expected to do so at its June meeting. Only eight representatives of the 18-member board were present at the meeting; four positions are vacant.

Moreau said the landfill’s conceptual design process –which includes soliciting public comment – and economic modeling likely would be complete by February 2008. From then until roughly January 2009, Moreau said, waste district staff would focus on programs to further reduce what goes to landfills: construction and demolition material; biodegradable organic matter (such as food scraps); curbside recyclables; and non-curbside recyclables (such as scrap metal and rigid plastics like those used to make kids’ slides). Incentives and cost efficiency programs would be researched, as well as newer technologies. In roughly January 2009, according to Moreau’s proposal, the landfill permitting process would be resuscitated.

Thinking like a voter is in part what brought Moreau to this proposal, he said in an interview. When Chittenden County area voters go to mark their ballots concerning the waste district bond for the landfill (which he said could be three or four years from now), Moreau said he wants voters to know how good the waste district’s recycling and diversion programs are. Right now, virtually all public discussion and media coverage of CSWD is related to the landfill planned for Redmond Road, Moreau said, and the district has many other programs.

“I’m trying to change some of the emphasis,” he said.

Doing both the landfill permitting and the additional research simultaneously may be possible, but it would be “a lot more work,” Moreau said. He expressed concern to the board that if the district does both at once, many people may disregard new or enhanced programs, feeling they can just throw things in the landfill. Staff productivity also would be compromised, he said.

“Productivity would be higher if we’re dealing with one track at a time, and not two tracks at a time,” Moreau said. “You know when we get to permitting it’s going to be total war. What do our marketing people work on today?”

To some, shelving the permitting for a year could look like capitulation to a local opposition group – Vermont Communities Organized Against Landfills – or a demand made last November by Toxics Action Center, a New England environmental advocacy group, to cease landfill planning for one year. Moreau, however, said that isn’t the case.

“I always knew there were alternatives,” he said. “Now I think we have the luxury of having a little time to emphasize them.”

Since November, for example, the Vermont Supreme Court ruled in favor of the waste district in a dispute over compensation for land they are seizing for the landfill; that decision, even though it is being contested, means the waste district will not be facing up to $1 million in interest payments for every year they delay construction, Moreau said.

A U.S. Supreme Court decision in April also gives waste districts greater flexibility, by allowing municipalities (like CSWD) to dictate that waste be taken to their facility. Other changes since the fall include new leadership at the Vermont Agency of Natural Resources; Secretary George Crombie, with whom Moreau worked at the City of Burlington years ago, plans to reorganize the agency. A state legislative work group examining solid waste issues also was approved this past session.

Only four board members made public comments after Moreau’s presentation. Williston representative Mike Coates advocated review of rail alternatives for shipping. Coates also said waste district staff should present a plan indicating what resources would be needed to pursue the two tracks simultaneously or separately. (In an interview, Coates indicated he conceptually supports Moreau’s plan, but isn’t certain of the time line.)

CSWD Vice Chairman Bert Lindholm of Jericho suggested moving forward with the permitting process to show commitment to the landfill. He also suggested Moreau cut in half the number of areas to research for program improvements, and reduce the time frame for research to six months.

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