The Fayston Citizens Group has found a new conservation easement on the parcel of land that True North Wilderness Program would like to use for its wilderness therapy program.
True North is seeking an Act 250 permit to run a wilderness therapy program on the 650-acre Lathrop parcel in Fayston. The Fayston Citizens Group has party status in the Act 250 hearings and last week filed a memorandum outlining the discovery of a conservation easement on 59 acres of the parcel in addition to the public access easement that runs with the parcel.
During Act 250 and local hearings for the project, the existence of a first public access easement on the entire parcel was known and discussed. The Fayston Citizens Group, in a January 11 letter to the District 5 Environmental Commission/Act 250, explained the new easement and how it impacts Act 250’s criteria 9 “public investments.”
“There is a conservation easement on 59 acres of the Lathrop parcel that is a ‘public investment’ which complements the public access easement on the parcel. After the September 27 hearing, our group located a copy of the quit claim deed from the 2007 land swap between Lathrop and the state. The swap deeded 164 acres of ridgeline to the state and 59 acres of prime forestland to Lathrop. The 59 acres acquired by Lathrop is restricted in use to forestry and noncommercial recreation,” the group wrote.
True North is seeking permits for 12 permanent campsites, each with two yurts and a composting toilet. That parcel, the 651-acre Lathrop parcel, is also slated for some permanent buildings associated with the school. Students would be on the Fayston parcel (42 students and 14 counselors) 365 days a year, camping throughout the parcel and in the permanent campsites during the winter.
According to the citizens group, a trail and a campsite exclusion zone would be on the 59-acre parcel. That use of the 59 acres for a commercial for-profit business is precluded by the specific language of the quit claim deed.
“Any commercial use of the property would interfere with the public’s investment in this area for non-commercial recreation and would increase the use well above what was envisioned by the deed creating the public use of the property,” the group wrote.
The Fayston Citizens Group also questioned whether the issue of firearms and hunting are compatible with True North Wilderness’ residential therapy program. True North reported it has received a waiver from the Vermont Department of Children and Families (DCF) that would allow hunters and True North campers to co-exist. DCF regulations prohibit firearms on lands used for residential therapy programs.
“The easement’s purpose is to provide perpetual public recreational access to the property for dispersed, non-motorized pedestrian activities including but not limited to hunting, fishing, trapping and snowshoeing, and the securing of this property for these uses represents a significant ‘public investment,’” the group wrote.
“The use of the area as a school and residential treatment program would conflict with this public use of the property. The purpose of the DCF regulation, and similar state and federal laws preventing the use of firearms on school property, is to protect children, and to prevent situations where students would be harmed. These regulations show that permitting this school’s use of the Lathrop parcel will render the easement allowing hunting useless, due to the presence of students rendering such use of the property impossible. Hunters would be unable to be assured as to where students were, and would be concerned about being held responsible for any potential accidents involving students. This would remove a public use of the property that is set forth in the easement creating the public access and, therefore, conflicts with the public investment under criteria 9K,” they continued.
The District 5 Environmental Commission hearing True North’s request for an Act 250 permit is awaiting a pair of state permits necessary to those hearings to proceed. A November 17 memo from the commission noted that the Vermont Department of Environmental Conservation (DEC) asked True North for a revised wastewater system and potable water supply permit that included the proposed use of dug “cat holes” for human waste.
The DEC asked for more information so that it could determine whether using cat holes meets the criteria for a primitive camping exemption. Act 250 hearings for the Fayston project are on hold pending resolution of those issues.
The conditional use permit that True North received from Fayston is under appeal by True North, abutters and the Fayston Citizens Group. Those appeals will be heard by the Vermont Environmental Court. The Fayston Development Review Board, which granted the permit, rejected attempts to re-open its hearing and reconsider its permit. True North wanted to amend several conditions that the DRB imposed while abutters and the citizens group wanted to raise the issue of state and federal laws that prohibit guns on school property.
Last month True North was denied an Act 250 permit to have 24 students and 8 to 12 counselors on its Waitsfield site throughout the year. Those students were using two permanent campsites and camp in the woods and on parts of the Howe Block of Camel’s Hump State Forest.
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