Killington residents file petition against short-term rental regulations

Mountain Times

6/17/20

By Katy Savage and Polly Mikula

Killington’s attempt to codify existing zoning regulations for short-term rentals has hit a snag.

A group that calls itself the Concerned Killington Taxpayers Association, LLC, filed a petition on May 26 to put the question of amending the zoning bylaws to voters, instead of letting the Select Board decide.

A total of 90 people signed the petition — 69 of whom were confirmed registered voters in Killington.

At the Select Board meeting on June 2, Town Manager Chet Hagenbarth reminded non-residents that changing residential status in order to vote in the proposed election on this issue would require the town clerk to notify the resident’s former town/state of this change for other future elections; and that the listers be required to notify the state of Vermont regarding a revision to homestead/school tax status. Unlike in most towns, the homestead tax in Killington is higher than the non-homestead tax.

The petition was filed in response to zoning bylaws the Select Board approved May 5, which were set to go into effect May 25, but because of the holiday weekend the Select Board allowed the petition to be submitted the following day, Tuesday, May 26. The proposed bylaws would have permitted two per bedroom plus two for short-term rental owners for wastewater permits, plus fire safety rules would need to be certified through registering rental properties.

Under existing zoning regulations short-term rental properties are limited to two people per bedroom with no registration. The Planning Commission, with the Select Board’s support, allow for an additional two occupants on top of that capacity to address those that have bunkbeds and/or pullout couches, Hagenbarth noted.

“Technically it’s a violation of wastewater but it doesn’t happen every time, so it’s not a critical concern,” Hagenbarth said in an interview with Killington Pico Area Association (KPAA) Executive Director Mike Coppinger, May 21. “But we do need to get this under control because right now we have three-bedroom houses listed as six-bedroom houses that sleep 25.”

The Planning Commission began discussing amending the zoning bylaws last year in response to one particular property owner that was renting his home to up to more than two dozen people at a time in a residential area. The Planning Commission approved the bylaws in January and sent them to the Select Board for approval.

If a short-term rental home exceeds 16 people, the property is classified as a hotel, according to the bylaws, and as such are permitted only in zoning districts that allow hotels and lodges.

“As soon as you get past 16 you meet the hotel designation when it comes to Division of Fire Safety and you might have to put in sprinklers and all kinds of fun stuff,” Hagenbarth explained. “It is about health and safety,” he added.

“It’s really about protecting everybody and making it much simpler for the town to be able to educate, enforce and monitor existing regulations,” Hagenbarth said.

Killington has an estimated 930 short-term rental properties — one of the most in the state.

“We need a registration process in town,” Select Board member Jim Haff said. “People talk about not knowing all the rules and regulations.”

“These are not new regulations,” Haff said, echoing Hagenbarth. “We’re just trying to create an easy and efficient system to enforce what’s always existed. Look, we can do this two ways: with the existing zoning regulations as they are we can cite homeowners for non-compliance and fine them $200 per day as we’re doing with one individual, but that battle has been in court for 18 months— it’s costly and less effective. The other way, what our legal council advised, is the nicer and easier way: that is to have homeowners come in and self-certify that they’re in compliance with all the necessary and existing regulations for short-term rentals — that’s the path we think is smartest for everyone, especially the Killington taxpayers as it’s much cheaper than court battles.”

The Select Board had initially discussed setting a registration fee of $200 per property per year to cover the cost of administering the program and enforcing the existing regulation, but that fee is not set.

Three companies had been interviewed to assist in the compliance monitoring procedures. However, with the Rental Registration Program now in limbo and the ability to finance this assistance, a modified version of their programs would be required for the interim, the board concluded at the meeting June 2. A motion to accept Hagenbarth’s and the Zoning Administrator’s recommendation to accept the LODGINGRevs proposal was approved unanimously. LODGINGRevs is a software company based in Durango, Colorado. The approved fee for a limited service to identify properties out of compliance only is $11,000 for a year. The full service estimate was $35,000 for a year.

The process for registration is quite simple, Hagenbarth said, “All homeowners will have to do is come in, sign a permit and basically what they’re doing is agreeing to the occupancy that’s allowed per all of their permits.”

Short-term rentals with fewer than eight people can self-certify compliance for all required permits. Rentals with 8-16 people will have to certify that they meet all zoning and other state requirements, including Division of Fire Safety regulations, parking, etc. Those with over 16 people will need to meet additional zoning and state requirements consistent with regulations for hotels and lodges.

Short-term rental capacity is determined by a number of factors including wastewater and number of bedrooms. If the existing wastewater permit allows for four bedrooms then that home’s wastewater capacity is for eight people. However, town zoning has always just allowed just two people per bedroom. So if that same home had just three bedrooms, it would be limited to 6 renters — plus two with the planning commission allowance to give it a maximum of eight tenants. Condominium complexes already have a permitted occupancy limit according to their specific Act 250  permit.

“The goal is then to work with each homeowner to say: your fire safety allows for this, your wastewater allows for this and zoning says this and the homeowner fills out the document and agrees that the permits allow for a set capacity for that dwelling,” Hagenbarth explained. “If you look at the permit, it’s really very simple, there are five boxes that remind you of the existing regulations.”

In previous public hearings, several property owners were concerned the amendments would devalue their property, limit their earning potential and create unnecessary oversight and new regulations.

David McComb, who filed the petition on behalf of the group, called the registration process “costly and over-burdening,” at a meeting last November.

Attempts to reach McComb for a phone interview weren’t successful.

But the language in the zoning bylaws isn’t new; it just hasn’t been enforced in the past.

Hagenbarth said the vote (as a result of the petition) will likely take place in November. The date will be set after the town attorney reviews the petition. Until then, the current zoning bylaws are in place.

“I’m hoping the people who voted the Select Board in will vote in favor of what the Select Board is suggesting,”  Haff said.

A motion that the town manager and the zoning administrator begin exploring and sending letters to anyone currently under violation was approved unanimously at the June 2 Select Board meeting. As of June 16, no letter had yet been sent. It could take weeks for the town working with LODGINGRevs to identifiy properties and then for the town to determine their violation and send out letters accordingly, Haff said.

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Charles Harrison Demarest

Rutland Herald

Wednesday, April 8, 2020

Charles Harrison Demarest KILLINGTON — Charles Harrison Demarest (one of Haskell’s Rascals) passed away on March 30, 2020, following a period of declining health and a short hospitalization at the Rutland Regional Medical Center. Charlie was born in Randolph, on Aug. 3, 1948, the first son of Harrison Bowles Demarest and Ruth Cooley Demarest. In 1951 the Demarests moved to the Haskell section of Wanaque, New Jersey, where Charlie attended public school through the eighth grade before entering Lakeland Regional High School, where he graduated in 1966. At Lakeland, Charlie excelled in sports. Despite sustaining a serious knee injury while playing freshman football, he went on to earn varsity letters in both basketball and baseball. Charlie recalled his childhood in Haskell as one of the best times in his life. He remained close to many of his childhood, high school friends throughout his life and communicated through the “Haskell’s Rascals” website. He always loved to reminisce about the old days in Haskell. After high school, Charlie attended St. Michael’s College in Winooski, graduating in 1970 with a bachelor's degree in business. While attending St. Michael’s, he played both basketball and baseball in his freshman year. Following his college graduation, Charlie began his career with the Factory Insurance Association before accepting a position with the risk management division of Marsh and McLennan. He worked his way up to a division management position in their Boston office, but he did not enjoy working in the corporate world. Being very independent by nature, in 1981 he returned to Vermont. He first came to Killington as a weekend skier and he wanted to make it his home. He and his wife, Marsha, ran a ski lodge for one season before starting their first business, Demarest’s Shops and Services in Pittsfield. While building a successful business, Charlie immediately became an active member of the community, volunteering his time and energy. He served two terms as a selectman in Sherburne. He was also a member of the first responders, and served on the planning board. He was particularly proud of his role in helping plan the Green Mountain Golf Course in Killington, believing it was very important for Killington become a four-season resort. After several years in business, Charlie returned to school, earning a bachelor's degree in engineering at the University of Vermont. He worked at IBM in Burlington for a few years before opening the Waterwheel Trading Company in Killington. He like being his own boss and the challenge of running his own business. He also liked getting back to the Killington community, where he had many friends. He remained there for the rest of his life. Always a sports enthusiast, Charlie became an avid skier during his college years, an activity he continued through much of his life. Later he took up golf and became an avid golfer. He loved listening to “the oldies” and hanging out in his “mancave” with his cats Woliver, Mollyanne, and reminiscing about his days in Haskell, New Jersey. A special interest was researching the history of the DuPont plant in Haskell, New Jersey. Charles was protective of his family, especially his mother, with whom he visited with great regularity while she was in an assisted living facility in Randolph. What really set Charlie apart was his network of friends. Not only did he maintain lifelong friendships with his high school and college buddies, he also had a strong network of friends in Killington. He had great loyalty to his friends who knew him as a guy with a heart of gold. Charles will be greatly missed by family and friends alike. Charlie is survived by his two loving brothers, Richard Demarest from Boise, Idaho and Brian Demarest from Woodstown, New Jersey; three nieces and two nephews; as well as two great-nieces and one great-nephew, many cousins and friends. Given the current pandemic, events to celebrate Charlie’s life will take place at a later date. These events will be published once effective planning can occur. Online condolences may be left at www.dayfunerals.com

School board elects new chair, vice chair, Banios selected by Mass. school district

Vermont Standard
By Allan Stein
Standard Staff

Bryce Sammel has been named chair of the Windsor Central Modified Unified Union School District Board and Pamela Fraser vice chair through March 2021.

Both board members represent Barnard in three-year terms. Sammel’s term expires in 2021. Fraser’s ends in 2022.

Monday’s reorganization followed two board resignations: former chair Patti Kuzmickas of Pomfret, and Malena Agin of Woodstock. Their positions will be filled by the Select Board from each of their towns.

Kuzmickas was elected chair on March 9, but stepped down the following day amid claims of a flawed nomination process. On March 11, she resigned from the board. Agin tendered her resignation from the board shortly afterward.

Sammel was elected chair by unanimous vote. Fraser was elected vice chair over fellow nominee Ben Ford,10-5. Ford represents Woodstock.

Fraser said she wanted to serve in the position, since “I care very much about education.”

“It’s a major part of my life and my career.


I care about public institutions and I care about fairness,” Fraser said.

By a majority vote, the board rejected a motion to do away with the vice chair position.

Banios picked by Mass. school district

On Tuesday, March 24, the Hamilton-Wenham Regional School District in Massachusetts announced they had selected Mary Beth Banios as superintendent pending successful negotiations. Banios has been superintendent of the Windsor Central Supervisory Union in Woodstock since 2017. She was among four finalists vying for the Hamilton-Wenham position.

 

Superintendent to leave Windsor Central School District

March 25, 2020

Mountain Times

Mary Beth Banios, superintendent of the Windsor Central Union School District, announced that she will be leaving the district in a letter to school board members, Wednesday, March 25.
Banios told the board that she had gotten the job as superintendent at Hamilton-Wenham Regional School District, in Wenham, Massachusetts, and would be starting there on July 1, 2020.

Tractor-trailers collide, damage Bridgewater store

Valley News

Staff Report

Published: 3/24/2020 9:25:49 PM

Modified: 3/24/2020 9:25:46 PM

BRIDGEWATER — Two tractor-trailers crashed head-on Monday on a snowy state highway, leaving damage to the Bridgewater Corners Store and several parked cars, according to police.
No one was injured in the crash that happened around 5 p.m. on Route 4 by the intersection with Route 100 in Bridgewater, according to a news release from Vermont State Police. A truck driven by Henry Davis, 38, of Cleveland, traveled over the center line, hitting another tractor-trailer driven by Wesley Wheeler, 63, of Brandon, Vt., police said.
Wheeler’s truck veered off the road, hitting the Bridgewater Corners Store and two unoccupied parked cars.
Police and the Bridgewater Fire Department responded to the scene and shut down one lane of Route 4 near the crash until 8 p.m. Monday.

School board chair resigns, board in flux

Vermont Standard

3/19/20


By Allan Stein

Standard Staff

The Windsor Central Supervisory Union (WCSU) School Board’s newly elected chair has abruptly resigned and two other board members reportedly have threatened to resign following accusations and an election process described as “mistrustful” and “flawed.”

“Effective immediately, I am stepping down as chair,” Pomfret School Board member Patricia Kuzmickas wrote in an email that she sent to board at 3:12 p.m. on March 10, less than 24 hours after she was elected.

“It has been expressed to me today that the process by which I was elected has led to members of this body to doubt my integrity and to express an inability to trust me going forward. I will not argue those points further but please know it was not my intent.

“I apologize for the inconvenience this has caused the board. I will put my FULL UNQUALIFIED support behind whoever is elected by this body going forward and hope that the important work of the board can pro-ceed to the benefit of our students and communities,” Kuzmickas wrote. She later submitted her resignation from the school board.

By Wednesday afternoon, Kuzmickas’ contact information on the board’s webpage had been removed. Her position is listed as “vacant.”

Kuzmickas’s resignation comes after the board on March 9 appointed her by a vote of 9-7 over Louis Piconi of Woodstock.

At the March 9 meeting, School Board Member Jim Haff of Killington nominated Kuzmickas for the chair position, and School Board Member Clare Drebitko of Woodstock nominated Piconi.

“I nominated a person who I thought really cared about the community and the kids, and who would run a good meeting,” Haff said in a telephone interview.

“The collective will of the board was a vote for chair. The outcome was Patti, 9, Lou, 7. Patty had the majority vote. Then individuals went out to confront Patti questioning the process and then questioning her integrity. I wonder, am I missing something here?” Haff said.

Haff said that soon after the vote four board members threatened to resign if Kuzmickas did not relinquish the role.

“I think it’s sad that a few people can get to somebody and put them in a place in which they unfortunately resign. That they felt they were badgered and bullied. That they can’t deal with this anymore and resign,” Haff said.

In a three-page email addressed to the board on March 10 before the resignation, Piconi congratulated Kuzmickas on her win.

“Taking on this role is not a decision to be made lightly and I respect (Kuzmickas) for stepping up. I would be lying if I said that I am not disappointed. I’ve spent the last 13 weeks preparing for this role,” Piconi wrote.

He added, “As part of that effort I used my professional and board contacts to learn more about how districts like ours solve tough problems. Part of that work may benefit your leadership.”

Later in the message, he said that he planned to resign following personal attacks on his character.

“Given that there seems to be a majority of board members that are willing to criticize my character without speaking to me I will let you know it is my intention to resign.”

Piconi said a formal letter of resignation would be submitted after his return from New York City.

In an email exchange between Woodstock board member Malena Agin and Haff on March 10, also before Kuzmickas’ resignation, Agin wrote, “I am suggesting this (election process) be clarified immediately because if someone is questioning due process, then consider this my resignation too.”

Agin, writing in the same email thread, said, “It was Patti’s consent to Louis’ email that did it for me, Jim. Woodstock at its worst. Lies, manipulation and deceit. They win again but I really can’t stomach it anymore.”

Agin did not respond to an email seeking comment.

Woodstock board members Clare Drebitko and Ben


Ford did not return March 12 emails from the Standard seeking comment.

However, newly appointed board vice-chair Bryce Sammel, in an email on March 12, confirmed that Kuzmickfall as “turned in a letter of resignation to the district’s central office.

“Unfortunately, it appears there have been some individuals contacting the media speaking about interactions between specific board members that are untrue and unsubstantiated by the people mentioned,” he added.

“The board recognizes the many challenges it has faced and continues to face uniting many communities and diverse priorities. It further recognizes the need for the community to understand when information, that is not the collective will of the board, is being offered by individuals, that it does not represent the perspective of the mindset of the board as a whole,” Sammel wrote.

WCSU board member Pamela Fraser of Barnard said she could address some, “but not all,” of the election controversy.

“A small group of board members were surprised that Patti was running for chair, because she had only decided to run a few days before and they had not heard. There was nothing improper about the voting process, but they were unhappy with not being made aware that she would run,” Fraser wrote in the March 12 email.

“This small group discussed this with Patti after the meeting and the next day, and this led to Patti’s resignation. In turn, this fact then upset other members who believed that due process was followed and that it was wrong to question the outcome of the vote. I personally into this latter group that feels it was not proper to not simply accept the outcome of the vote,” Fraser wrote.

In an email sent on March 10 to Kuzmickas, Fraser wrote: “I am not sure I understand why a board member’s late decision to run for chair is considered mistrustful. No one running for chair should ever be considered inevitable, it’s an election.”

Fraser proposed that the issue be continued as an agenda item “for a meeting in the near future.”

In a letter dated March 11 to the school board, Superintendent Mary Beth Banios described the WSCU School Board as being “at a crisis point.”

She wrote, “With difficult decisions related to competing priorities, potential multiple board resignations, challenges related to board leadership etc., there is no more important time for the board to pull together. It is a critical juncture.

“Despite multiple attempts to resolve the board’s challenges internally, the board must now look for external support to address this ongoing strife and be willing to embrace commitments that must be made in this process.

“Your appointed board chair, Patti Kuzmickas, has made the decision to resign. As the board leadership dilemma continues to evolve, I will be working with Bryce Samuel, appointed vice chair of the board, on meeting agendas and potential structures to assist the board in resolving the internal challenges it is facing,” Banios said.