Impact fee debate on hold

By COURTNEY LAMDIN | Staff Writer
courtney@miltonindependent.com

The elderly couple who paid more than $3,000 to add an accessory apartment to their single family home sought relief from the Selectboard last month, but the issue is on hold for now.

Ray and Donna Morisseau and their two sons attended the December 19 Selectboard meeting, where Vice Chairman Darren Adams, who championed their cause at a previous meeting, added the topic to the agenda for discussion.

Adams said he visited the Morisseaus’ home and is convinced the accessory apartment, built because Ray Morisseau can no longer safely traverse the staircase, does not meet the zoning regulations because it isn’t detached from the main residence – the Morisseaus’ son, Stephen, who lives upstairs, can access his parents’ apartment by going through a door.

Zoning Administrator Taylor Newton maintained his position that it does because, as Vermont statutes say, the apartment is subordinate to the primary dwelling, is owner-occupied and has access to water, wastewater and facilities for cooking, sleeping and bathing. He pointed out that neither the statutes nor Milton’s zoning require a wall or other separating device from the main house.

Milton’s Planning and Economic Development office issued the couple a zoning permit for their apartment on August 31. They had until September 15 to appeal and didn’t.

Still, Donna Morisseau was shocked by the fee, which, according to data collected by the Independent, is much higher than many surrounding communities.’ Some don’t charge a fee at all.

Town Manager Brian Palaia consulted with town attorney Joseph McLean about means for relief for the Morisseaus.

Since the appeal period lapsed, the attorney said the Morisseaus can still appeal to the Impact Fee Appeal Board, a currently nonexistent group consisting of one member from the selectboard, school board and planning commission.

However, McLean wrote, the appeal board can only determine if the capital improvement plan, which provides a legal basis and sets use for impact fees, is faulty. Milton’s is not, so the Morisseaus wouldn’t have legal ground to challenge this way, he said.

McLean said the Selectboard could amend its impact fee ordinance to create more exemptions beyond the $1,000-plus discount for accessory apartments and senior housing units. A residential unit fee is $4,250.

Palaia said changing the definition of an accessory apartment in the zoning regulations is another option.

McLean cautioned if the ordinance is changed, the board will hear more people asking for relief. He said decisions to refund fees under the current ordinance could result in “selective enforcement” – or a meaningless ordinance.

Mossey agreed, saying if they refund the Morisseaus, it becomes unclear where to draw the line.

David and Barbara Arey, another elderly couple, also attended the meeting. David Arey also has medical issues, and moving back to Milton from their home in Florida was their only option. Their daughter agreed to build an accessory apartment in her home.

The Areys got their zoning permit back in March and paid the $3,188 fee in August when they were granted a certificate of occupancy. They didn’t know it was so high, they said.

The Areys came to the meeting to see if the Selectboard would pursue reducing the fee.

“It’s grossly unfair,” Arey said. “If [the Independent’s] numbers are accurate from what you reported from surrounding towns, Milton is way out of line.”

Impact fees are used for town improvements like sidewalks, roadwork and other infrastructure. Milton collects about $150,000 annually, with most of the lot going to pay down debt incurred by the 1998 elementary school addition.

Adams wants to change the impact fee ordinance to get rid of fees for families making accommodations for injured, disabled or elderly relatives. He still thinks the Morisseaus’ fee was a mistake and should be refunded.

Fellow board member John Bartlett said Adams used the word “mistake” too loosely.

“I’m not saying it wasn’t, but I think we have to be comfortable with it [being a mistake] before we go down that road,” Bartlett said.

Board Chairman Lou Mossey said the board should review its current regulations and fees before judging the Morisseaus’ situation. He said after all is done, a refund might be possible. The board may also decide to get rid of impact fees for accessory apartments altogether, he said.

“If that’s what’s recommended, I’m fine with that as well,” Mossey said. “I would much rather make sure we have any information up front.”

Palaia said it would be simple to change the exemptions in the existing ordinance but hasn’t received any unanimous direction from the board.

Adams said the issue fell behind during budget talks, but he intends to add it to the next regular board meeting agenda. The Selectboard convenes next on Monday, Jan. 16 at 6 p.m. in the Municipal Building Community Room.