Waterbury: State needs local permit for shelter project

February 8, 2024 | By Lisa Scagliotti

The state’s proposal to repurpose the former Vermont National Guard Armory in Waterbury as a temporary homeless shelter needs to apply to the town Development Review Board for a local permit that carries a $50 fee.

The state is looking to convert the former Vermont National Guard Armory in Waterbury to be used as a temporary homeless shelter from April through June. Photo by Gordon Miller

That’s the message Waterbury Zoning Administrator Mike Bishop conveyed to the state Buildings and General Services Commissioner Jennifer Fitch in a letter on Thursday.

The letter was in response to an email Fitch sent to Municipal Manager Tom Leitz on Monday in which she points out that “government use” is a conditional use under town zoning regulations for the armory location. 

“As the State will continue to own and operate this building for state purposes, there is no change of use, and there is no change of use permit required,” Fitch suggests in her communication. 

Responding to Fitch, Bishop points out that the state’s proposal as outlined to town officials and the community to date calls for a private contractor to run a 40-bed shelter at the armory from April 1 through June 30. 

“It is the Town's understanding that, while the Waterbury Armory is property owned by the State, the proposed ‘Emergency Shelter’ use will be directly operated by a third party or vendor. Therefore, the emergency shelter will not be ‘directly operated’ by the State, and as a result, the proposed use does not fit the definition of ‘Government Uses’ in the Zoning Regulations,” Bishop writes. “An ‘Emergency Shelter’ use does require a change of use permit which includes the need to file a conditional use and site plan review application for review and approval by the Waterbury Development Review Board.” 

Under state law, state government uses are subject to a limited local review process which Bishop also references. “The Town acknowledges that any review by the DRB will be subject to the limitations set forth in 24 V.S.A. § 4413 since ‘emergency shelters’ are listed in that section,” his letter states. 

Bishop’s response is posted on the town website and it includes application forms for the state to use. “We can schedule you for a Development Review Board hearing once we receive complete application materials and the fee of $50.00 is paid,” his letter states. 

Whether the state complies or not, it appears as if the matter is headed to the local review board regardless. Bishop’s letter notes that applicants have 15 days to appeal a decision by the zoning administrator on whether a project requires a permit. That appeal would be to the Development Review Board. Its next meeting where a new application could be reviewed is March 6. 

Leitz said the town has not taken a formal position on the project yet as local officials are still in the process of gathering information and asking questions. 

On Monday night , Leitz told the Waterbury Select Board he has been contacting local officials in other communities around Vermont with homeless shelters to learn more about impacts and issues that Waterbury should explore in reviewing the current proposal. 

“Most of what I’m learning is that the state has guidelines,” Leitz said. “The operators set the procedures.” 

Shelters that are well run have minimal impact to their communities, Leitz continued, suggesting that, should Waterbury officials have “a seat at the table” as those details are worked out, “We could be in good standing,” he said. 

The permitting step is one that any property owner and developer would be asked to follow, Leitz noted on Thursday. 

The steps involved, however, are likely to conflict with the state’s timeline. Development Review Board decisions are issued within 45 days of a hearing, after which there is a period when the decision can be appealed. 

“It can be anybody,” Leitz said when asked who could appeal a permit decision. The permitting step makes the state’s target opening date for the shelter dubious. “April 1 doesn’t appear likely,” Leitz said. “April 15, maybe. They should have asked this question sooner.”   

The state just two weeks ago announced its intention to convert the armory which was decommissioned in December 2022 for use as one of five new shelters opening across the state by April 1 to provide for approximately 2,600 individuals now temporarily living in hotels and motels through a state-funded program. 

The proposal would involve the state transferring ownership of the facility on 2.5 acres on Armory Drive in downtown Waterbury from the Military Department to Buildings and General Services for a sum of $890,000. The National Guard would use the funds to purchase a site in Franklin County where it wants to construct a new armory to replace its aging facility in St. Albans. In addition, the state already has contractors working on modifications to the building for it to be used as a shelter including installing a fire sprinkler system and constructing temporary individual spaces with electrical power. 

Fitch said the property makes a good choice for a shelter now and could serve other uses in the future. “There are many features that make the Armory an ideal facility for State use. The interior of the building can be easily modified, and it is in a prime location with easy access to the interstate,” she writes. “The many potential uses we see for this building over time include State Surplus, State Print and Postal, a radio shop for the Department of Public Safety, swing space for upcoming building renovations, short-term, temporary residential housing, and storage.”

Timing is a key question

Approximately 200 people attended a Waterbury Select Board meeting last week to learn more, ask questions, and raise concerns about the scope and timeline for the shelter project. Chris Winters, state Commissioner of the Department for Children and Families presented information about what he called a “fast-moving” plan that fell short of answering many of the points raised by local officials and the public.

One of the key questions local officials and town residents asked pertains to the duration of the shelter operation. State Rep. Theresa Wood, D-Waterbury, at the Select Board meeting expressed skepticism that the state would go through the effort to convert the building to only use it for 90 days.

On Thursday, Winters attended a hearing at the State House before the House Human Services Committee, which Wood chairs, and the House General and Housing Committee, which is led by Waterbury’s other state Rep. Tom Stevens. Winters discussed proposals for several shelters under development for April 1 around Vermont. He did not share any significantly new details about the Waterbury armory proposal. When mentioning its timeline, he reiterated the three-month window, adding, “We may reassess at some point and see what’s working.” 

General and Housing Committee member Rep. Emilie Krasnow, D-South Burlington, pressed Winters on the timelines for the new shelter projects. In addition to the 40-bed congregate shelter proposed for Waterbury, plans are on the drawing board for a 20-room family shelter in Brattleboro, three apartment units overseen by Capstone Community Action in Barre, and a rollout of mobile homes at up to three sites around the state that could accommodate nearly 140 people. 

“I’m looking for reassurance that this will happen,” Krasnow said. “In my community, we already have dozens of people being turned away even when it’s this cold out. I’m just really concerned about the communities being able to embrace hundreds of people if this does not get done by April 1. And how that will look for people? And how as a policymaker I’ll be able to just be OK with that? …What’s the plan if it’s not done by April 1?”

Winters replied, “I think we reassess our relationship with the hotels. I think we reassess our shelters — are there other contingency plans for more congregate settings — I think is something we have to consider.”

More discussion to come in Waterbury

Winters has offered to return to Waterbury with additional state staffers to continue sharing details as they are confirmed, the most important being a decision on what entity would run the shelter. Winters last week told the community and again Thursday told lawmakers that an operator has not been selected yet and that it likely would be an out-of-state contractor.

In her letter to the town manager, Fitch also offered to visit Waterbury to further discuss the matter. 

“It is a core value of BGS to be a good neighbor to our communities, which we hope we have demonstrated recently by bringing almost 300 additional employees to the Waterbury State Office Complex, supporting economic development and helping keep the downtown vibrant. We look forward to continuing to strengthen our partnership through careful listening and an ongoing dialogue,” Fitch writes. 

The next local public meeting where the shelter proposal is expected to be discussed will be the Feb. 19 meeting of the Waterbury Select Board. It will be held at the Main Street fire station rather than the town office meeting room to accommodate the public given the high interest in the matter. 

The meeting will begin at 7 p.m. in person and online via Zoom. An agenda with the Zoom link should be posted on the Select Board webpage by Friday, Feb. 16.