Demars Prop LLC 275 Brooklyn St. - Decision on the Merits ( 2020 )

STATE OF VERMONT
SUPERIOR COURT ENVIRONMENTAL DIVISION
Environmental Division Unit Docket No. 78-7-19 Vtec
Demars Prop LLC 275 Brooklyn St. DECISION ON THE MERITS
Robert Pierce Reid and John Rodriquez (together, Appellants) appeal a site plan approval
issued by the Morristown/Morrisville Development Review Board (DRB) to the Vermont
Foundation of Recovery (VFOR) to house six unrelated individuals in an existing residential
apartment (the Project). The apartment is owned by Demars Properties, LLC and located at 360
Maple Street in Morristown, Vermont.
Appellants represent themselves in this matter. Applicant VFOR is represented by
Christopher J. Nordle, Esq. Also participating as an interested person, and representing herself,
is Reverend Barbara Miller.
In a pre-trial decision we dismissed appellant’s questions 2–4 leaving the following sole
question for trial:
Does a household of 6 unrelated individuals living together for recovery purposes,
with a shared kitchen and living room facility, constitute a “Family” as defined by
§ 910 of the Zoning and Subdivision Bylaws for Morrisville/Morristown (Bylaws)?
We held a trial on February 20, 2020 at Costello Courthouse in Burlington, Vermont. We
did not perform a site visit. Based upon the evidence presented at trial the Court issues the
following Findings of Fact and Conclusions of Law. A Judgment Order accompanies this Merits
Decision.
Findings of Fact
1. The Vermont Foundation of Recovery (VFOR) proposes to use an existing residential
apartment located at 360 Maple Street, Morrisville, Vermont owned by Demars
Properties, LLC (Property) to house up to 6 unrelated tenants in recovery from
Substance Use Disorder.
2. The Property is an existing multi-unit residential structure. The subject unit has 3
bedrooms, 2 full baths, 1 half bath, and 1 kitchen.
3. VFOR does not propose any physical alterations to the Property. VFOR intends to use
the Property for residential purposes.
4. Potential tenants of VFOR voluntarily seek housing.
5. Tenants make small weekly payments to reside at the Property.
6. VFOR seeks the proposed use for safe supportive recovery from Substance Use Disorder.
7. VFOR tenants stay for a minimum of 3 months.
8. VFOR tenants share household chores at the Property. They also share common space
and use of appliances.
9. VFOR tenants share food preparation duties and costs for food and supplies.
10. The proposed use includes peer to peer support.
11. There are 3 bedrooms in the subject unit and each room is shared by two tenants. Thus,
the maximum occupancy of the unit is 6 residents.
12. VFOR follows program advice and practices of the National Alliance of Recovery. These
are national standards which can be adopted by states.
13. The proposed use is a social model of people living together for support.
14. VFOR provides no treatment or services.
15. VFOR staff are on-site from 8 to 10 hours per week. Staff have minimum interaction
with tenants. VFOR interactions are limited to ensuring chores are completed and to
check on the condition of the Property. Staff provide tenants with guidance on daily life
in a similar way to parents or mentors.
16. There is no state level licensing required for the proposed use.
17. John Rodriguez lives adjacent to the Property.
18. The neighborhood is quiet, friendly, and safe.
19. Mr. Rodriguez observes a lot people coming and going to the property.
20. Reverend Barbara Miller lived in the subject unit with two grandchildren prior to VFOR’s
use.
21. The nearest grocery store is about 3 miles away from the property.
22. VFOR rules do not allow alcohol or marijuana at the Property and residents are held
accountable.
Conclusions of Law
VFOR seeks a Zoning Permit to use an existing residential apartment located at 360 Maple
Street, Morrisville, Vermont owned by Demars Properties, LLC (Property) to house up to 6
unrelated tenants in recovery from Substance Use Disorder. The Property is an existing multi-
unit residential structure. The subject unit has 3 bedrooms, 2 full baths, 1 half bath, and 1 kitchen.
VFOR does not propose any physical alterations to the Property.
The sole question before the Court is whether the proposed use qualifies as an allowed
residential use of the existing structure. Specifically at issue is whether the proposed use
complies with the Bylaws’ definition of “family.” The Morristown / Morrisville Zoning and
Subdivision Bylaws, effective September 2018, define “family” as follows.
Family - Other than a Group Home per 24 VSA Section 4412.1g, a Family
shall be defined as a “functional family unit” (regardless of household
size) where all common spaces, appliances, food preparation and costs
are shared, or a group of not more than four unrelated persons living
together where all common spaces, appliances, food preparation or costs
are NOT shared.
Morristown/Morrisville Zoning and Subdivision Bylaws § 910. As established by the above
findings of fact, VFOR tenants share household chores at the Property. They also share common
space and use of appliances. VFOR tenants share food preparation duties and costs for food and
supplies. Based on these facts we conclude that VFOR’s proposed use complies with the Bylaw’s
definition of Family.
While neighboring Appellants’ concerns relating to the proposed use are reasonable and
understandable, they are factors that are not addressed by Bylaw, and therefore, they are
factors that cannot be considered when evaluating the application for a zoning permit.
We conclude that housing up to 6 unrelated tenants in recovery from Substance Use
Disorder where common spaces, appliances, food preparation and costs are shared satisfies the
Bylaw’s definition of family. Thus, we AFFIRM Zoning Permit number 2019-058, issued by the
Town of Morristown on June 26, 2019.
A Judgment Order accompanies this Decision. This completes the current proceedings
before this Court.
Electronically signed on March 10, 2020 at 11:52 AM pursuant to V.R.E.F. 7(d).
_________________________________________
Thomas G. Walsh, Judge
Superior Court, Environmental Division