memo as filed 092011.pdf From an email by VAST Executive Director

For those of you who were unable to attend last nights pre-hearing conference, I wanted to let you know that In my opinion, as well as our legal team, and engineering team, all felt that for the most part everything went relatively smoothly. There were around 100 in attendance, and of those, 25 asked to have party status, at least 10 of those want status as Friends of the Commission, and of VAST. Ultimately, that leaves 15-parties that will be considered for Party Status; many of those may be denied as they could not demonstrate that they had a particularized interest that was supported by data, or they were not impacted by Phase I construction. We will have to wait for the Commission to make its rulings. I have a feeling that the District 7 Chair, Eugene Reid will bend over backward to accommodate as  many as possible, within the bounds of current laws and rules as possible. However, when you consider that there are more than 762-landowners along the LVRT, 18 requesting Party Status is not a huge number! Most of the major concerns revolved around Criteria 8, Esthetics, and had to do with noise and perceived pollution generated by snowmobiles, but no one had documentation that would prove their allegations.

Attached, you will find a copy of a document that VAST filed with the District 7 Commission last evening. The document is entitled "Applicants' Memorandum on Federal Preemption, Party Status and Jurisdictional Issues." This memorandum gives a detailed description of what the Commission can and can't do based on prior Court ruling on the subject of 'Rail Trails;' it is definitely worth a read, and I think that you will find it enlightening. 

 Thanks,

 Bryant M. Watson

This is a follow up on the Morristown Trails meeting.  Click on the document above.  This document should help sufficient to explain party status and who has it/can request it.

I also thought it might be helpful to include information about the 10 criteria that developments and subdivisions must satisfy to obtain an Act 250 permit. In simplified form, the criteria require that the subdivision or development:

1. Will not result in undue water pollution or air pollution.

2. Will have a sufficient water supply.

3. Will not cause an unreasonable burden on an existing water supply.

4. Will not cause unreasonable soil erosion or runoff.

5. Will not cause unreasonable traffic congestion.

6. Will not cause an unreasonable burden on educational services.

7. Will not cause an unreasonable burden on other municipal services (fire, police, water, roads).

8. Will not have an undue adverse effect on scenic beauty, aesthetics, historic sites, or rare and irreplaceable natural areas; and will not destroy necessary wildlife habitat or any endangered species.

9. Will conform to the capability and development plan, including, for instance, limiting development on primary agricultural soils, using the best available technology for energy efficiency, and using cluster planning in rural growth areas.

10. Will conform to local and regional plans or capital programs.

Additional information is available on the Natural Resources Board web site at http://www.nrb.state.vt.us/lup/index.htm.  An 18-page color brochure, "Act 250 - A Guide to Vermont's Land Use Law," has been published by the Natural Resources Board and is available by contacting the Board's main office in Montpelier (Denise Wheeler: 828-5441 or

This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or one of the Board's five regional offices.

The brochure is free for quantities up to five. For larger quantities a fee of $1.00 per copy will be charged to cover printing and postage costs. The brochure is also available to download as an Adobe Acrobat file at http://www.nrb.state.vt.us/lup/publications/act250brochure.pdf.

Executive Director

Lamoille County Planning Commission

PO Box 1637

52 Portland Street, Second Floor

Morrisville, VT  05661

Phone: (802) 888-4548

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

VAST Update: At the Lamoille Valley Rail Trail Committee meeting on Wednesday, VAST representatives spoke very positively about the Act 250 permit process and the potential for trail construction to begin next spring.  VAST anticipated submitting its Act 250 permit application on Thursday, and we are awaiting confirmation that this occurred.  The application would include a masterplan for the trail and a request to permit construction for the first phase.  That phase includes construction of the Cambridge Junction to Morristown section.  After meeting with the District 7 Coordinator, VAST officials expressed hopes that their earlier concerns regarding an extensive permitting process might have been misplaced.

 Act 250 Process: For those who wish to follow the Act 250 process, the pre-conference hearing is expected to be held between Sept. 20^th and 28^th at Johnson State College.  This hearing includes an explanation of how to obtain party status.  Landowners and other parties are advised to establish party status if they think they might want to participate in the master plan and/or construction permit processes.  Please note that parties can discuss concerns during the permit process.  They also can express support for the trail’s development during this process.  Public hearings on the actual application are anticipated for mid to late November.  Once submitted, the application will be made available on the LVRT web site.  Given the 92 miles, it is a substantial document – 2 inches of text, another 1 inch of maps, and other attachments.  VAST officials state that a hard copy of the application will be available in town offices along the trail.  A copy will also be available for review at the LCPC office in Morrisville.

 Upcoming Local Meetings: LCPC has scheduled a meeting on Aug. 29 in Johnson for municipal officials and VAST representatives to discuss the potential for municipal contributions to trail construction and maintenance.  Invitations will be sent shortly.  An evening meeting to discuss potential private contributions will be sponsored by the Morristown Trails committee that same evening.  The Friends of the Lamoille Valley Rail Trail are co-sponsoring the meetings.  Many Lamoille County residents and municipalities have expressed a desire to support the trail’s construction with cash or in-kind services.  The meeting’s purpose is to update people on the trail’s development and assist them in understanding what in-kind services VAST will be able to accept, and when, to insure a consistent and safe trail is developed along the 92 miles.

 If you have any questions, please let me know or contact LCPC’s Transportation Planner, Amanda Holland, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 Bonnie Waninger

Executive Director
Lamoille County Planning Commission

PO Box 1637

52 Portland Street, Second Floor

Morrisville, VT  05661

Phone: (802) 888-4548

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it