Legal Restrictions
Summary of Grantor's (Town of Williston) Reserved Rights for the Country Park - From VHCB Baseline Documentation Report
Conservation rights and restrictions allow the protected property to be used for recreational, forestry, and open space purposes. For the specific restricted and permitted uses included in the easement, refer to the Grant of Development Rights, Conservation Restrictions, and Public Access Easement (referred to as the easement throughout this document) and the First Amendment to Grant of Development Rights, Conservation Restrictions, and Public Access Easement.19
Restricted Uses of the Property
The following are limitations on the landowner's use of the property:
19Vermont Land Trust (2015). Baseline Documentation Report: Mud Pond Country Park, Williston, Vermont.
1. General: Except as permitted in Section III of the Conservation Easement and the Management Plan, no residential, commercial, industrial, or mining activities are permitted.
2. Rights of Way and Easements: No rights of way, easements of ingress or egress, driveways, roads, or utility lines or easements shall be constructed, developed or maintained into, on, over, under or across the Protected Property without prior written permission of the Grantee, except as otherwise specifically permitted under this Grant.
3. Signs: There shall be no signs, billboards, or outdoor advertising of any kind erected or displayed; provided however that the Grantor may erect and maintain reasonable signs indicating the name of the property, organizations providing funding or sponsorship, boundary markers, directional signs, signs informing the public about reasonable use, memorial plaques, informational signs limiting access or use (subject to the limitations of Section IV of the conservation easement).
4. Trash: The placement, collection, or storage of trash, human waste or any other unsightly or offensive material on the property is prohibited unless VHCB provide written approval of such storage in advance. Written permission is not required for temporary trash storage.
5. Excavation: There shall be no disturbance of the surface, including but not limited to filling, excavation, removal of topsoil, sand, gravel, rocks or minerals, or change to the topography of the land in any manner, except as may be reasonable necessary to carry out the uses permitted under this grant. In no case shall surface mining or subsurface extraction of oil, gas or other minerals be permitted.
6. Subdivision: Grantor shall not give, grant, sell, convey, subdivide, transfer, mortgage, pledge, lease or otherwise encumber the Protected Property without prior written approval of the Grantee.
7. Water Resources: Except as is reasonably necessary to carry out the uses permitted under this grant, there shall be no manipulation of natural watercourses, marshes, or other water bodies, nor shall there be activities conducted on the Protected Property which would be detrimental to water purity, or which could alter water level or flow.
8. Consistency Clause: No use shall be made of the Protected Property, and no activity thereon shall be permitted which, in the reasonable opinion of the Grantee, is or is likely to become inconsistent with the Purposes of this Grant.
Permitted Uses of the Property
The following are the permitted uses of the conserved property:
1. Recreation: The right to use the property for all types of public non-commercial, non-motorized outdoor recreational purposes (including but not limited to bird watching, walking, and cross-country skiing) consistent with the purposes of this Grant. Use of the Property for snowmobiling, and for non-motorized, mechanized recreation such as mountain biking and by animals capable of transporting humans may be permitted in the discretion of the Grantor if such uses are regulated in the Management Plan and are consistent with the purposes of this Grant.
2. Trails: Grantor may repair, improve, and replace existing recreational trails.
Grantor may also clear, construct, repair, improve, and replace new trails, provide that the location, use, and construction are consistent with the purposes of this Grant and are provided for in the Management Plan.
3. General: The right to use the property to conduct all activities allowed by the Management Plan, provided that such activities are reasonably necessary to carry out the purposes of this Grant. Such activities may include management of vegetation and wildlife.20
Summary of Grantee's (VHCB) Rights
The Grantees' primary intent is to promote non-commercial recreational opportunities and activities and other natural resource and scenic values of the protected property for present and future generations. The secondary purpose is to protect the forestry values, wildlife habitats, biological diversity, natural communities, riparian buffers, aquatic habitats, wetlands, soil productivity, water quality and native flora and fauna of the Development Rights, Conservation Restrictions, and Public Access Easement.21
Proposed Physical Improvements to Property
VHCB will be notified early in the process when any changes are to be made to the Country Park. This would include any of the allowed improvements listed below.
Trails
Mountain bikers, hikers, cross-country skiers, and nature enthusiasts have for years
20 Vermont Housing Conservation Board (2000). Grant of Development Rights, Conservation Restrictions, and Public Access Easement, Mud Pond Country Park.
21 Vermont Land Trust (2015). Baseline Documentation Report: Mud Pond Country Park, Williston, Vermont.
enjoyed the Mud Pond Country Park trails in Williston thanks to a previous investment by VHCB. The community has also added and enjoyed an extension of that trail system onto the former Herskowitz property, now the southernmost part of the MPCP.
Altogether, there are over 3 miles of multi-use trails, currently maintained through a cooperative agreement between the Town and Fellowship of the Wheel and used for mountain biking, hiking, and cross-country skiing.
Since the previous Management Plan, a trail has been developed connecting the Mud Pond Country Park to the Conservation Area. This allows pedestrian trail users to park in the existing lot on Mud Pond Road and access the Country Park via a pleasant walk through the woods with only a single road crossing point rather than having to walk along South Road for 200ft.
The Herskowitz property acquisition is critical for the eventual realization of the Town’s vision to connect the Mud Pond trails with the Lake Iroquois trails. By securing access from the Mud Pond trails to Christmas Lane, the addition of the Herskowitz property opens up several potential future connections to the south. The Town and Fellowship of the Wheel should work collaboratively to plan a future trail to Lake Iroquois. This will involve negotiating with landowners to secure the necessary trail easements, and beginning discussions with the Lake Iroquois Recreation District to allow access to their trail system.
The trail system within the MPCP is at this point fully developed, in other words, built to the maximum capacity that the land can support. Except for trail linkages to areas outside the park, no new trails should be developed, as doing so could negatively impact both the natural resource value of the land and the user experience. The existing trails were established prior to today’s trail building best management practices. The trails also receive very heavy use by mountain bikers. As a result, many of the trails are badly eroded with lots of exposed roots, which deteriorates the user experience. The entire trail system should be assessed annually in the fall through a joint site walk by the Town and FOTW to determine and prioritize maintenance needs, and a plan developed for the following summer to accomplish trail maintenance at high-priority locations. Proposed trail maintenance and improvement projects should involve trail building consultants when needed for more challenging situations.
For any trail reroutes within the park or for new trails linking to areas outside the park, all trails should be designed in a manner that minimizes potential environmental degradation and minimizes user conflicts. The Green Mountain Club's Trail and Shelter Maintenance Manual should be used as a guiding technical document in designing trails.
Winooski Valley Park District has provided technical assistance on trail issues in the past and should continue to be used as a resource. Consultation with the county forester should also be considered if there are concerns about the impact of the trail on forest health. In addition to the technical assistance that will be needed, community involvement should be encouraged in developing, improving and maintaining trails.
Trails need to be clearly marked with allowed uses. This should be accomplished through signage at trailheads and clear markers at VAST trail junctions. Signage should be kept to the minimum necessary to guide users on the trail. Public feedback has indicated the need
for improved wayfinding signage. With the addition of numerous loops, the trail system has become convoluted and difficult to follow, especially for infrequent visitors to the park.
There are currently four “You Are Here” signs at key trail intersections. These signs have a symbol (star, triangle, circle or square) corresponding to a symbol on the printed trail maps. The wayfinding signs should be augmented with maps of their own rather than referring to the printed maps, which not everyone will carry. Additional wayfinding signs should be posted at other key intersections.
Over the years numerous “social trails” have been established that are not marked on the trail map. Some of these may simply be remnants of previously rerouted trails. All such trails should be blocked off to discourage their use and resulting snowballing of informal trail creation. In addition, trails should be monitored on a regular basis to prevent the formation of social trails and identify possible areas of trail erosion.
Parking Lot
There is currently no parking available adjacent to the MPCP trail head. Users of the Country Park currently utilize the small five-car parking lot adjacent to the Mud Pond Conservation Area, located off Mud Pond Road. Over the years, the popularity of the MPCP trail system has exceeded the capacity of this small lot. On nice days, the parking lot fills quickly and users park along the roadsides, causing congestion issues along Mud Pond Road.
Based upon feedback received from neighbors on this issue, a proposal was developed to create a second 20-car parking lot off South Road. In 2013-2014, grant funds were procured and a design for a new parking area near the South Road trailhead was developed. As part of the Town’s permitting process, a wetlands delineation was done that determined the proposed site was in a wetland. Consequentially, the estimated cost of construction of a parking lot and connecting trail increased substantially to the point where the project in its current location was no longer feasible from a cost standpoint.
The proposed parking lot also met considerable opposition from neighboring landowners.
The project was put on hold, as further scoping was needed to determine the most appropriate location and to get a more accurate cost estimate.
The Conservation Commission should continue to investigate alternative locations for a parking lot. Preliminary scoping should take into consideration any and all potential natural resource constraints such as topography, wetlands, wildlife habitat and travel
Figure 14: Example of a wayfinding sign with accompanying map
Figure 14: Example of a wayfinding kiosk
corridors, presence of rare/threatened/endangered species; access and site distances;
viewshed; proximity and ease of access to park entrance; proximity to neighboring residences; landowner cooperation where an easement(s) is involved; technical feasibility and cost. It may be worth considering a parking lot that could serve more than one function. For example, it may be desirable to provide better access to the west side of the Conservation Area, currently accessible only from the existing Mud Pond Rd parking lot or from a renegade pull off on Oak Hill Rd. A parking lot located at the northernmost end of the Mud Pond Conservation Area could serve this function while also serving the MPCP.
Temporary Structures
Picnic tables and benches are allowed structures in the Country Park. The Conservation Commission may wish to consider some strategic locations for such structures.
Recommendations for Physical Improvements
The Town and Fellowship of the Wheel should work collaboratively to plan a future trail to Lake Iroquois
Except for trail linkages to areas outside the park, no new trails should be developed
Assess trail condition annually and prioritize maintenance needs
Design trails using technical guidance manuals, or trail building consultants when needed
Clearly mark trails for allowed uses
Install additional wayfinding signage at key intersections
Block off unofficial trails to discourage use
Continue to investigate alternative locations for a parking lot
Consider locations for temporary structures such as benches and picnic tables General Management of the Parcel
Best Use of Land
Intensive uses with negative resource impacts are prohibited. The best use of the land is for multi-use recreational such as hiking, snowshoeing, cross-country skiing and wildlife viewing. Trails intended for more intensive use such as snowmobiling, mountain biking, and horseback riding should be built to withstand these uses while maintaining the integrity of the land. Trails should be clearly marked with the allowed uses.
Vehicular Traffic
No motorized vehicles are allowed outside designated parking areas except snowmobiles during the time of year specified in the VAST agreement and only within the designated snowmobile corridor as delineated on the attached map. If vehicles are found to be entering the land in the future, a gate suitable for blocking vehicular traffic should be erected.
Structures
No new physical improvements or structures are permitted except as outlined in the Conservation Easement and this Management Plan.
Upkeep, Damage, and Illegal Uses on the Property
The WCC is responsible for maintaining and monitoring the property. The WCC staff monitors official town trails and associated improvements approximately once a month.
A trail work log should be used to document needed trail improvements and other work at the park. A yearly fall walk should be done by WCC and FOTW to identify projects which can be undertaken the following summer. Trail users generally call when there are downed trees or other problems. Reported problems should be dealt with in a timely manner. The Williston Police can also be contacted if serious or recurrent problems occur.
Boundary Marking and Posting
Boundaries were last marked by the University of Vermont LANDS Program in 2007.
The Mud Pond Country Park boundaries are marked by a mixture of stone walls, fencing and flagging. In the northern portion of the park there is a four acre “out lot” around an existing spring house which is owned by the abutting Siple Farm. Another spring and pump house that are on the protected property are also located near the northern boundary. There is an area in the north western portion of the property where the boundary between the park and the neighboring property is unclear. A fence exists in this area but does not appear to be the boundary line. The town plans to resurvey the entire property boundaries, so as to enable the determination and proper documentation of any potential encroachments. The Herskowitz parcel is completely surveyed and is marked by stone walls and survey pins.
Hunting
Hunting, trapping and/or shooting is not allowed in the Country Park. The Town of Williston Firearm Discharge Ordinance prohibits the discharge of any type of firearm within 500 feet of any public park or recreation area or any strip of land dedicated for use by the public for pedestrian travel. Boundaries of the park will need to be clearly and legally marked, and posted for “no hunting” to be able to enforce this ordinance. Once marked, the boundaries should be walked once a year and signs replaced and updated as needed. Vermont posting law requires the signs be dated each year.
Harvest of Trees or Plants
Previous management plans have prohibited cutting, removal, or harvesting of native plants and trees, except for minimal clearing necessary for the creation and maintenance of trails. In fall 2016, Chittenden County Forester Ethan Tapper walked the property with the WCC to evaluate forest health and provide input into management considerations from an ecological perspective. Tapper stated that it might be worthwhile to consider potential forestry operations on the property, especially given the abundance of dead or dying pine trees, indicative of the forest’s process of succession. Overly dense timber stands are susceptible to invasive pests and pose a heightened wildfire risk. Sound forest management practices can improve overall forest health and maintain beneficial wildlife habitat. There are no current plans for timber harvesting; however, the WCC will continue to explore the feasibility of forest management activities. Any such activities shall take place in accordance with a forest management plan prepared by a certified forester and approved by the Town of Williston, the Williston Conservation Commission, and the Chittenden County Forester. The forest management plan will consist of data, analysis and specific, actionable forest management activity recommendations and will be included as an addendum to this plan.
Invasive Species
Introduction of non-native invasive species should be avoided to a reasonable extent.
Especially in the areas of early successional habitat, invasive species are prevalent throughout the park. The ecological assessment report noted common and glossy buckthorn, Japanese barberry, bush honeysuckle, Asiatic bittersweet and a little patch of multiflora rose in the southeastern wetlands. The Conservation Commission should consider inventorying and documenting invasive species in the park. Where present, the population should be monitored by WCC staff. The Vermont Agency of Natural Resources should be contacted for technical guidance. If it is determined that further action is needed a plan should be developed to control the species in question. The WCC should also consider involving students or volunteer groups in the monitoring efforts, and in conducting a demonstration invasives control project.
Recommendations for General Management
The Country Park should be used primarily for multi-use, non-motorized recreation such as hiking, snowshoeing, cross-country skiing and wildlife viewing, with snowmobiling restricted to the VAST corridor
Monitor trail use and condition at least monthly during the summer
Conduct a complete boundary survey of the MPCP and update maps as needed
Walk the boundary annually, ideally in early fall, and update the “No Hunting”
signs as needed to comply with Vermont posting law
Explore the feasibility of forest management activities, and work with the County Forester to develop a forest management plan
Initiate a program to inventory and monitor invasive species, utilizing the assistance of Vermont Agency of Natural Resources and UVM students
Consider conducting a demonstration invasives control project with the help of volunteers
Trail Management Mountain Biking
Currently the WCC allows mountain biking at Mud Pond Country Park. The WCC has employed a cooperative agreement with the FOTW that guides mountain biking use of the park as well as trail development and maintenance. FOTW serves as the trail ambassador who leads up trail patrol, construction and maintenance. The agreement with FOTW
Currently the WCC allows mountain biking at Mud Pond Country Park. The WCC has employed a cooperative agreement with the FOTW that guides mountain biking use of the park as well as trail development and maintenance. FOTW serves as the trail ambassador who leads up trail patrol, construction and maintenance. The agreement with FOTW