Residents resist rural development

Author: Andrea Glaessner

For Miriam Roemischer, the picturesque view of rolling hills pressed against a majestic mountain range seen from her home on South Street is an integral part of what the 77 year-old Middlebury citizen calls home. So when the prospect of South Street's scenic farmland might be obstructed by the development of an assisted living community, Roemischer pursued legal action in the interest of protecting the land.

Roemischer was not alone in speaking out against a potential development on the 30 acres of farmland adjacent to Porter Hospital. The debate over the terrain became a source of tension among various members of the community when the Middlebury Planning Commission gave notice on Aug. 12, 2005 of its approval of the application by Long Trail Retirement Communities, with co-applicants Middlebury College and Porter Medical Center, for the development of Eastview at Middlebury Retirement Community.

The Eastview project is no minor undertaking. The brochure describes the development as "a premier retirement community set on 30 acres of lawns, gardens and woods in a mountain-rimmed valley in Middlebury, Vermont." Eastview will consist of a large inn-style complex containing one and two-bedroom apartments and a separate ward for Alzheimer's patients, as well as cul de sac-style villages of one-story cottages dispersed across the 30-acre stretch of terrain.

"The real asset of this development is that it allows for a continuum of care from independence to assisted living to nursing home care," said Sue Ritter, chair of the Board of Directors for Eastview at Middlebury.

Not only is the all-inclusive community nestled on prime scenic real estate, but convenient access to health care provided by Porter and to the various and sundry activities offered by the College make the community an attractive destination for any retiree.

So initially, it came as a bit of a shock to hear that the most vocal member of the Middlebury community opposing this development was 77-year-old Roemischer. Following the Middlebury Planning Commission's approval of the Eastview Project in 2005, Roemischer applied for an Act 250 hearing conducted by the District Environmental Commission.

The commission evaluated Roemischer's Act 250 application to determine whether the Eastview project was in accordance with the 10 Criteria stipulated by Act 250. The Commission found that the development was not in violation of the 10 criteria and granted Long Trail Retirement Communities legal permission to continue its pursuit to build Eastview.

But Roemischer did not stop there. With the help of Vt. lawyer Stephanie Kaplan, she appealed the Environmental Commission's decision and is scheduled to bring her case before the Vermont State Environmental Court on June 22.

The motivation behind Roemischer's activism extends beyond her hopes to preserve the view on South Street. She and Kaplan have noted that the way in which the Middlebury Planning Commission made adjustments to the 2007 Town Plan in order to facilitate the legal development of Eastview was contrary to what they believe the purpose and nature of a Town Plan should be.

"[The Planning Commission] is doing it backwards," said Kaplan, "Plans are supposed to be vision documents. And in this town they're using a town plan to support a development."

At the Planning Commission's public hearing last Monday, John Barstow, the chairman of the Planning Commission, admitted that he and his colleagues had taken a somewhat "backwards" approach to approving the development. The Commission amended the Town Plan to extend institutional zoning to include the 30 acres of land sought by Eastview only after receiving Long Trail's application for the development.

But at Monday's meeting, Barstow insisted that the Planning Commission deliberated extensively and eventually came to the decision that Long Trail's proposed use for the land was appropriate for the site.

He emphasized that the Planning Commission was amending the Town Plan to accommodate their approval of the use of the land and not based on any approval of the project itself.

"We are not bending over backward for this project, but for this use," Barstow explained.

After a contentious debate, Barstow sought identification with the group to assure them that he and the rest of the Planning Commission harbored good intentions in making their decision.

"I enjoy that piece of property quite a bit myself. I live on South Street, and I thought about the same things you are bringing up," Barstow told opponents of the Eastview project. "So I admit we did this out of order, but that doesn't negate [the validity of amending the plan]."

Outside of the contentious atmosphere in the town hall conference room, Middlebury Town Planner Fred Dunnington was able to articulate why the Planning Commission found the use of the land to be appropriate and in accordance with the town's vision. According to Dunnington, profits from Eastview will be funneled into funding for Porter Hospital.

"You probably know that hospitals are under financial stress because the government isn't funding Medicare. [Eastview] is a creative way to meet the needs of elderly people and support the hospital," said Dunnington.

Inherent to the Planning Commission's argument is that there is a social need and a demand for Eastview. According to Dunnington, "If there was not a market need for this, the people who proposed it wouldn't have paid thousands of dollars. The Eastview project has over 100 deposits that have been paid. It's not just a casual market study."

Opponents to the project have claimed that the Eastview community's housing options are unaffordable for most Middlebury citizens and therefore would not satisfy a social need.

But after holding over 15 public hearings debating the Eastview project, Dunnington said he has heard this argument before.

"If one of their arguments is that this project [does not provide] affordable [housing options for most people in Addison County], they're not helping the situation by holding it off several construction seasons and letting the costs go up due to inflation."

According to Dunnington, the Eastview project will be carried out despite resistance from Roemischer and other community members.

"While [Eastview's supporters] are disheartened because of the increasing cost due to inflation, they're still committed to continue with it. So it's not a matter of whether the elderly population will arise but it's a matter of when.