Safety and traffic lead AnC Bio Act 250 concerns

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A rendering of what the AnC Bio plant would look like from Lake Memphremagog.

A rendering of what the AnC Bio plant would look like from Lake Memphremagog.

copyright the Chronicle July 23, 2014

by Joseph Gresser

NEWPORT — The AnC Bio facility started down the road to Act 250 approval Monday with a site visit from members of the District #7 Environmental Commission and an initial hearing.

Despite wide interest in the project and questions from neighbors of the biotech facility slated to be built at the site of the old Bogner plant, few Newport residents attended the hearing. Nor were there any representatives of state agencies present, aside from those working for the environmental commission.

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In Derby: New Walmart could add 218 jobs

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An architect’s rendering of the front of Derby’s new Walmart gives an idea of the range of merchandise the new store will offer.

An architect’s rendering of the front of Derby’s new Walmart gives an idea of the range of merchandise the new store will offer.

copyright the Chronicle May 28, 2014

by Joseph Gresser

DERBY — A new Walmart Supercenter could add 218 jobs and $4.7-million to area payrolls, according to an economic analysis submitted with permit applications on May 22. If the permitting process hits no snags, the new store could open by late fall of 2015.

The project will increase traffic on Route 5 by more than a third and could require at least two sets of new traffic signals on the Newport-Derby Road.

According to the permit documents submitted to the Derby Zoning Administrator and the District #7 Environmental Commission, the Walmart will likely include a grocery store, pharmacy, and auto center. It’s to be built between Route 5 and Shattuck Hill Road by Shattuck Hill Investments, LLC, a company owned by Burlington developer J.L. Davis.

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In the Legislature: Local control in wind siting unlikely

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David Mealiea and Anna Dirkse, both of Burlington, were two of four singing pickets who stood outside the State House last Thursday in support of raising the minimum wage.  “We fight for human rights so all can be free,” they sang.  Photo by Paul Lefebvre

David Mealiea and Anna Dirkse, both of Burlington, were two of four singing pickets who stood outside the State House last Thursday in support of raising the minimum wage. “We fight for human rights so all can be free,” they sang. Photo by Paul Lefebvre

copyright the Chronicle March 26, 2014

by Paul Lefebvre

MONTPELIER — Regional and local planners are expected to be the big losers in a bill to open up the siting process for ridgeline industrial wind projects.

Scheduled to appear on the Senate floor, the bill was rerouted to the Senate Committee on Appropriations Tuesday as negotiations continued behind the scenes to strike a compromise and keep it alive.

“Unfortunately, regional planning is one of those things we’re probably not going to wind up with,” said Senator John Rodgers of Glover during a telephone interview Tuesday.

One of the stated purposes of the bill was “to strengthen the role of planning commissions and local selectboard and planning commissions in the siting review process for energy facilities by giving greater weight to their recommendations and plans.”

But at the end of the day, that’s not likely what’s going to happen.

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Circus Smirkus zoning permit is appealed

Brin Schoellkopf hovers above the tight wire.

Brin Schoellkopf hovers above the tight wire, in a Circus Smirkus show.  Photo by Joseph Gresser

by Bethany M. Dunbar

copyright the Chronicle November 20, 2013

GREENSBORO — Circus Smirkus’ local zoning permit, which allows it to move its camp to Greensboro Village, has been appealed to Vermont Environmental Court.

No trial or hearing dates were set after a telephone conference Monday because the project will also need an Act 250 permit.

Once that permit application is filed, the Act 250 case and the local zoning case will most likely move forward in a bundle, according to Mark Hall, the lawyer representing the circus.

Meanwhile, the show must go on — and so must the camp.  It will, in Burke. Continue reading

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Vermont history through the eyes of a lawyer

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paul gillies book webUncommon Law, Ancient Roads, and other Ruminations on Vermont Legal History, by Paul Gillies.  Published by the Vermont Historical Society. 2013.  414 pages with index. $24.95.

Reviewed by Paul Lefebvre

People who major in history in college often find themselves going to law school once they graduate.  More often, anyway, than those who major in physics or biology.  Ironically, Paul Gillies, who has a master’s degree in English from the University of Vermont, reversed that familiar transition by becoming a historian after he first became a lawyer.

Fortunately, for anyone interested in Vermont history, it’s been a seamless transition.  As a lawyer with a flair for writing, Gillies has given us a book that is quirky, original and highly entertaining as a study of Vermont’s past.

What’s original about Uncommon Law, Ancient Roads and Other Ruminations on Vermont Legal History, is how revealing our laws reflects our history.  Not just the laws as they were passed 200 years ago, but as recent as the Ancient Road Law that was passed by the Legislature in 2006.

The key question underlying ancient roads, say Gillies, writing as an attorney, is:  “What happens when the town announces it intends to develop the public road that runs through your property that nobody has traveled for several centuries?”

The question requires a legal resolution, but Gillies the historian frames its importance in a much larger context.  The lasting value in finding ancient roads — those having “no nexus to the current highway map” — is to show how a town evolved, or “how the hill farms were abandoned, the villages developed, and the land subdivided.”

Politically, a republic is a country governed by laws.  And to read Gillies is to see how laws mirror a country or state’s historical development.

Following the American Revolution, the country as well as Vermont did away with the British custom of judges wearing scarlet and ermine robes in court.  The tradition of judges wearing robes, however, remained.

By wearing a robe, explains Gillies, “the person is covered up and the office made manifest by the costume.”  And while individual judges may retire, “the robe comes back every day.”

Not to be outdone by members of the judicial branch, Vermont legislators even went one step further in 1789 by allowing members to “sit with their heads covered, except when they address the Speaker.”

Gillies, himself, appears to have little patience with some of the practices still at work today when a Latin phrase is used instead of an English one.  For while it may elevate a proceeding, he says, it also has a downside for the layman who has come to court.

“Latin can be so powerful, until you have to translate it, and then it falls flat, like explaining a joke to someone who doesn’t get it.”

Property laws or those regulating trade and commerce often come in reaction to something that is causing a conflict.  Gillies lays out an number of case histories on point, including those stemming from an eighteenth-century enterprise that every spring churned the waters of the Connecticut River until the early nineteen-hundreds:  the log drives.

“Like the law, log driving took balance, judgment, and quickness,” he writes in verve that is typical of his style.

In 1785 the Legislature passed a law that gave an owner nine months to remove his logs from a drive that had become snared by the river.  Similar laws ruled that the logs could be no longer than 20 feet and had to be marked for identification by the owner.

Throughout the decades there were laws passed that regulated log diameters and set deadlines for driving logs from one point to another.

“The present law is a museum of regulations of the log driving industry,” write Gillies.  And they still remain on the books.

Selectmen determine the location of the boom in rivers and streams to hold back the logs, “and no boom may be anchored until the fees are paid,” Gillies writes.

“Should log drives come back, the law awaits them.”

Packed into this big book — which can easily be read as an anthology — is a chapter on what Gillies understandably calls “Luminaries,” former Supreme Court Justices.  As profiles they run the gambit from Nathaniel Chipman — who in 1786 at 33 years old was elected to serve on the Supreme Court — to Justice F. Ray Keyser, who joined the Court in 1964.

Justice Chipman was Vermont’s foremost legal scholar, but what he contributed to the state’s legal foundation is, in Gillies’ view, the lynchpin to what we have become today as a society.

In his Sketches of the Principles of Government, written in 1793, Justice Chipman took a very benign and, at the time, radical view of human nature.  People do not need a government to protect themselves from each other, because they have a natural “relish for society.”

In other words, writes Gillies, “human beings in Chipman’s view were drawn intuitively to society, order, and organization as a fulfillment of their quest for happiness and social improvement.”

Among his peers, Gillies says, Chipman was a lawyer who liked to play in deep waters but had difficulty when it came to sustaining a lawyer-client relationship.

The profiles make up a hefty third of the book, which may explain why Gillies offered a writer’s disclaimer before forging ahead.

“Each essay is a violation against the law of practicing psychology without a license, but the perfume of the temptation is irresistible against the possible odor of the risk,” he writes.

Gillies concluded his book with a lengthy examination of Act 250, whose significance for Vermont he underscores by writing:

“In 1969, there was Woodstock, Vietnam, the moon landing, the Manson murders, and Act 250.”

He credits Governor Deane Davis for seeing the need and the 1970 Legislature for following through to pursue “a public interest in traditionally private matters when it comes to land and how it is used.”

Gillies says that Act 250 has reached maturity, and traces its evolution over four decades.  The results over the first ten years were mixed, or constitute what the author calls a difficult childhood.  By 1980, he says the Act “had found its bearings,” after the Legislature eliminated the “ten-acre loophole,” which took away lot size as an exemption from Act 250 review.

The third decade, “its most difficult,” saw wrangles with the Legislature over membership on the Environmental Board.  An Environmental Court was created.  Accusations proliferated that the Act 250 process was too unwieldy.  Gillies called it a time for retrenchment.

Throughout its fourth decade, which began in 2000, Act 250’s power to regulate was diminished by the Legislature and the High Court, according to Gillies.

Speaking of the Act as a process, the author writes:  “It has been revised almost as often as educational theory.  What other law has had to be saved so often?”

As a lawyer, Gillies has made his mark by representing towns.  Before ancient roads became such a hot political issue, he may have been municipal government’s first road warrior.  To that end, he is also the first historian to study the state’s past by looking at its routes of travel.

“The developing road network is a revelation of several centuries of community evolution,” he writes.

“This is the beginning of the golden age of Vermont highway law.”

contact Paul Lefebvre at paul@bartonchronicle.com

For more free articles from the Chronicle like this one, see our Reviews pages. For all the Chronicle’s stories, pick up a print copy or subscribe, either for print or digital editions.

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In Island Pond: Quebec maple firm seeks syrup factory

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IP maple web

The REM building in Island Pond. Photo by Paul Lefebvre

by Paul Lefebvre

ISLAND POND — A Quebec maple company may be setting up shop in an empty factory here that failed to gain traction as a woodworking facility and create jobs after the Ethan Allen plant shut down in 2000.

The empty factory, known as the REM building on Meadow Street and owned by the town, could have a tenant as early as the middle of the month, according to Brighton Administrative Assistant Joel Cope.

A representative from Bernards Maple of Saint-Victor, Quebec, talked to Brighton’s selectmen late last month, and on Tuesday confirmed that the company is interested in leasing the building and more.

“It’s not a building we’re looking at, it’s an industry,” said Jacques Letourneau, who is negotiating with the town on behalf of the company.

Mr. Letourneau, who spoke guardedly during a brief telephone interview, said negotiations over leasing the building with an option to buy are still at a very preliminary stage, and he preferred “not to divulge anything until everything is in place.”

According to the minutes of the August 27 selectman’s meeting, the company would like to move in by September 16 and have environmental permits in place by the end of October.

“We’re happy to help them with that and move through the process,” said Mr. Cope, speaking in an interview last Thursday.

Still uncertain is what the deal would mean in terms of jobs.  Best estimates suggest that only a few jobs would be created at the outset, with as many as 30 to 40 to “maintain the operation” and three or four permanent jobs at the plant.  Yet the potential has the power to excite town officials.

“We think it’s a very exciting opportunity and is exactly what this community needs,” said Melinda Gervais-Lamoureux, chairman of the Brighton selectmen.

She said the company is considering a two-phase development over four to five years, “and that’s where the jobs will come from.”

The deal offered by the town last week would be to lease the factory for $15,000 — $1 per square foot — with the annual lease payment going toward a $250,000 purchase price.

Tentatively, the company plans to make maple syrup in the building with sap trucked in from maple bushes in the area that it seeks to lease.  To that end, it has already begun talks with Plum Creek, the large timber company that owns more than 86,000 acres in northern Essex County.

Mr. Cope said the company would like to collect sap from roughly 100,000 taps, and expand up to one million.

“If they can find the land and the trees,” he added.

Mr. Letourneau said the company knows the trees are there, having done its research before approaching the town.  Realtor Mick Conley of Derby, who is serving as the company’s agent in Vermont, said Essex County has the third highest number of maple trees in the state.

Mark Doty, a public affairs agent with Plum Creek, would only confirm Tuesday that the Canadian company has expressed an interest.  “It’s still very, very preliminary,” he said.  “Nothing to report.”

The town put the REM building on the market about a year ago, according to Mr. Cope.  It derives its name from the previous owner, Robert E. Miller of South Burlington, who gave the building to the town after its previous tenants — the Island Pond Woodworkers, an employee-owned woodworking factory — failed to make a go of it.  Mr. Cope estimated the town has owned the building since 2010.

Located in Saint-Victor, about an hour south of Quebec City and 125 miles north of Island Pond, Bernards Maple is a fifth-generation-owned company that “has been making maple syrup for over 200 years,” said Mr. Letourneau.

As a company it is involved in every aspect of the maple industry, from tapping the trees to distributing the final product.

“We’re about as close to the consumer as you can get without putting it in the refrigerator,” he said.

The company plans to start off slow and expand.  It wants assurances from the town that it will be able to put on a 5,000-square-foot addition to the building without running into any regulatory delays.

Located in a light industrial zone, the building already has an Act 250 permit.  On Tuesday Steve Paterson, who heads the regional planning agency, the Northeastern Vermont Development Association (NVDA), said his group is looking at what additional permits may be required.

According to the minutes of the selectmen’s meeting last month, the company could be running as many as ten big trucks a day into Meadow Street at certain times of the year.  The REM building appears to be well situated to overcome any permitting obstacles.

“None seem to be insurmountable to me,” said Mr. Cope.

If the company comes to town, one change that will occur quickly is that the building will change its name to the Island Pond Maple Factory.

Mr. Letourneau said Tuesday that, as an old family company in Quebec, Bernards Maple wants the community to be involved.  He told selectmen that the company wants to make sure that the residents of Meadow Street are not disturbed by the heightened traffic on their street.  And on Tuesday, he spoke of the need for community support for the project.

Presumably, that support will grow as jobs become available.  But as Ms. Gervais-Lamoureux noted, the potential for jobs will increase only if the factory is occupied.

contact Paul Lefebvre at paul@bartonchronicle.com

For more free articles from the Chronicle like this one, see our Editor’s Picks pages.  For all the Chronicle’s stories, pick up a print copy or subscribe, either for print or digital editions.

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