State appeals Waterbury’s zoning requirement for armory use

August 26, 2024 | By Lisa Scagliotti

The Waterbury armory sits between Interstate 89 and Stowe Street. File photo by Gordon Miller

The question of whether a local permit will be needed regarding the future use of the Waterbury armory appears to be headed to state Environmental Court. 

The state of Vermont on July 22 filed an appeal of the Waterbury Development Review Board’s June 20 decision agreeing with Zoning Administrator Mike Bishop’s explanation of the circumstances that would trigger the need for the state to apply for town zoning approval to use the armory in the future.

Formerly used by the Vermont National Guard for decades, the armory was decommissioned in December 2022 and has sat vacant since. The property is now managed by the Vermont Department of Buildings and General Services. 

Vermont Attorney General Charity Clark through Deputy Solicitor General Ryan Kane filed the appeal with Vermont Superior Court Environmental Division on behalf of Buildings and General Services and the Vermont Agency of Human Services. 

It was last winter when state Human Services officials from the Department for Children and Families announced interest in using the Waterbury facility as a possible 40-bed shelter for unhoused individuals who would be leaving a state-funded program using motel and hotel rooms around the state as temporary housing. 

The proposal made first in meeting with state legislators in Montpelier caught local Waterbury officials and community members by surprise. It also was laid out with a swift timeline about two months ahead of a targeted opening of April 1. 

Two Waterbury Select Board meetings on the topic attracted dozens of local residents who joined town officials in asking questions about the details of how a shelter would operate. Chris Winters, commissioner of the Department for Children and Families, and several state staffers offered general information but said specifics would be addressed by an operator that the state would contract with to run the shelter. 

On Feb. 8, Bishop wrote to state buildings Commissioner Jennifer Fitch explaining that local zoning recognizes the armory as a government-owned and operated facility. Should a future use require an operator that is not part of the state or federal government, that would trigger the need for a local change of use zoning permit that would be reviewed by the Development Review Board, Bishop explained. 

Ultimately, the state legislature changed course on its emergency and temporary housing program resulting in the Waterbury proposal being withdrawn. As the 2024 budget year drew to a close on June 30, there was no plan that included the Waterbury facility as a future shelter. Details regarding state emergency housing for the coming winter, however, have not been finalized yet. 

Despite the change in the state’s plans, the Buildings and General Services Department appealed Bishop’s interpretation of local zoning measures to the Waterbury Development Review Board. It issued its decision in June concurring with Bishop which has now been answered with the state’s appeal to Environmental Court. 

In the appeal, Kane writes: “The [Zoning Administrator’s] Determination was not based on any concrete or final development proposal put forward by the State for review and was based on undisclosed facts and the Zoning Administrator lacked authority to issue a final and binding determination that the State required a permit under the circumstances.” 

So far, the court has not scheduled a hearing yet in this case. Municipal Manager Tom Leitz said he had no comment on the matter at this time and that the town attorney would prepare a response in anticipation of a court hearing. 

Waterbury’s state Reps. Tom Stevens and Theresa Wood said they are unaware of any plans for emergency housing in the near future that would include the Waterbury armory. 

New partitions built inside the Waterbury armory accommodated teenage members of the Civil Air Patrol during a summer camp held there in July. Photo by Gordon Miller

Department for Children and Families spokesperson Nya Pike last week said the department had no comment regarding the Waterbury facility and future planning. 

On Aug. 7, Gov. Phil Scott visited Waterbury as part of his “Cabinet for a Day” tours along with top state government staffers. During a morning meeting with local business owners at Hen of the Wood restaurant, Scott replied “We’ll see” when asked if the Waterbury armory would be considered as a site for emergency housing in the state’s shelter program this coming fall/winter. 

“We anticipated using it for an emergency shelter but that’s now off the table, so we’ll see what we can do with it,” the governor said. “We want to make sure it’s viable, it’s local, it’s something that again could be used for something. We’ll figure it out or we’ll put it back on the market and maybe some entrepreneur will do something with it.”

The armory was used for a week in July when the Civil Air Patrol’s summer youth encampment used it as a base for about 70 teens and their adult leaders. The state renovated the facility earlier this year anticipating its use as a shelter by adding a new heating/cooling and ventilation system, upgrading the kitchen, adding more bathrooms and showers and constructing wooden rooms with partitions.