The Fayston Select Board approved amended land use regulations (LURs) drafted by the planning commission on Tuesday, May 9, 2023. The planning commission had made revisions to the proposed LURs based on comments at the select board’s first public hearing in January.
The planning commission’s report says, “The Fayston Planning Commission (PC) started the development of the proposed amendments to the Fayston Land Use Regulations immediately following the adoption of the amended Town Plan in 2020. The PC’s goals are to: streamline and clarify permit process; produce clarity for applicants and review boards around requirements for conditional use permit applications, definitions that were previously lacking, and provide for electronic submission requirement to accommodate for less paper waste, ease of meeting and hearing preparation, and remote meeting participation; allow for creative housing opportunities: update Accessory Dwelling Unit (ADU) to reflect less restrictive statutory reference, and consolidate Planned Residential Unit (PRD) and Planned Unit Development (PUD) sections; and preserve natural resources: incorporate conservation strategies to preserve Fayston’s forest resources, scenic views, climate resiliency, and wildlife habitat.”
“We’re 100% guided by the Fayston Town Plan and the goals and objectives in that plan,” planning commissioner Karen Sauther said this week.
At the May 9 select board meeting, Sauther ran through the revisions made to the LURs, which included updating the section on accessory dwelling units (ADUs), removing the requirement that they be in an existing structure and increasing the allowable size of an ADU as percentage of principal dwelling to 90% with Development Review Board (DRB) approval.
There was also discussion at the May 9 meeting about whether cutting trees on a homeowner’s property required DRB approval. Sauther said that DRB approval would be needed pre-development.
“If someone has a structure already permitted and wants to cut trees, not for agricultural purposes and not intending to develop, nothing in our regs I’m aware of would regulate that,” Sauther said. She suggested that homeowners looking to cut trees consult with a forester beforehand.
Under “Development Site Clearing and Site-Preparation Standards” in the new regs, it says, “Pre-development site clearing and site preparation shall be reviewed by the Development Review Board in accordance with these regulations. For all site clearing and site preparation, existing forest cover shall be maintained to the greatest extent possible. The DRB may set requirements and conditions to minimize impacts when an application proposes any of the following as part of a proposed development: If there is to be tree removal for views from the site, it shall be done as to create view corridors. The Development Review Board may limit the amount of tree removal and site clearing and require the planting of additional trees or other vegetation in order to assure adequate screening, and the board may require the applicant to submit a plan for maintaining and replacing designated trees during or after site development and constructions. New tree planting shall be of species that are native, non-invasive, and climate change resilient for the location of planting.
“Site clearing that may impact scenic view sheds, including but not limited to view points shown in Map 11 Designated Scenic Resources, Town of Fayston, January 04, 2016. Site clearing that may have adverse impacts to wildlife corridors (or potential travel corridors) as depicted on Town Plan Map 5 Fayston Core Habitat, significant wildlife habitat, or cause forest fragmentation in forest blocks. The Board may require stumps remain on slopes ≥15% to prevent erosion.”
“I would encourage everybody to read the entire LURs,” said DRB chair Shane Mullen. The new LURs are available to view at faystonvt.com under planning commission notices and documents.
