Zoning thwarts plan for auction house

However, Hirchak needs a zoning change, allowing commercial and industrial use in that area of town, before he can hold auctions there.

The area is now zoned for recreational and agricultural use — homes, farms and recreation.

The select board discussed the matter Monday during a contentious standing-room only meeting, at which some residents said the business would provide jobs and tax revenue for the town, while others said the property should be preserved for recreation.

In the end, the select board decided that the request for a zoning change should go first to the town planning commission, and that Morristown’s five-year town plan should be updated before it’s considered. The planning commission will likely take up the issue Dec. 16.

But John H. Hollar, Hirchak’s attorney and the mayor of Montpelier, told the select board that state law gives it the authority to make the zoning change, and said the town plan already supports commercial development in the area.

Hollar accused the town of “unlawful reverse spot-zoning,” by which one parcel of land is arbitrarily assigned more restrictive zoning than the area surrounding it.

Hollar pointed to a number of businesses near the former ice rink, including a construction company, a brewery and a storage facility. Further, an auction house would have substantially less impact on the area than the skating rink did, making the zoning “arbitrary and irrational,” Hollar said.

But town officials say the zoning in that area has remained consistent for decades.

The property due west and due north of the arena is also zoned rural residential/agricultural, according to Todd Thomas, the town zoning officer. The area due east of the arena, along Bridge Street running toward the village, is zoned medium-density residential. The property across Bridge Street, due south of the arena, is in an innovation zone, which allows light industrial and manufacturing uses and business and professional offices, but is currently undeveloped.

While the town plan supports growth around the new Morrisville Route 100 bypass, it doesn’t encourage new commercial zoning west of the truck route along Bridge Street, Thomas said.

The Lamoille Economic Development Corp. stepped into the issue last week; its board of directors endorsed the zoning change in a letter to Morristown officials.

In a letter signed by Executive Director John Mandeville, the board wrote: “Mr. Hirchak purchased the building in 2013 with plans that, when implemented, would likely result in higher property tax revenues for the town and, more importantly from our point of view, will result over time in additional jobs and help support the local business community through increased commercial activity at local restaurants, retail stores, gas stations and other business enterprises.”

After the meeting, Hirchak met with his attorney to determine his next steps.

“We’re going to weigh everything and see if we go to court,” Hirchak said as he left the meeting.

Missed opportunity?

Some arena supporters said the town government missed an opportunity when it didn’t buy the rink when Latona Sports Management put it up for sale.

Select board members said they were unaware the property was for sale until after Hirchak was already negotiating to buy it.

Additionally, a purchase needed voter approval, they said.

Hirchak had offered to lease the rink to the town after buying the property, but by that time the ice and equipment had been removed and refurbishing it would have cost over $1 million.

Hirchak said the property is still used for recreation. He allows the public to use walking trails on 20 acres of land conserved through the Vermont Land Trust. He also allows people to get to Lake Lamoille through the property.

Owner’s rights

This is the second time Hirchak has requested a zoning change for the property. In early 2013, he asked the select board to recommend that the planning commission make the change as it was updating Morristown’s five-year town plan. Among other things, the plan maps out how land can be used throughout the town.

Thomas, the zoning officer, suggested adding language to the plan that would pave the way for commercial use if the arena were no longer used for recreation.

In March 2013, Friends of the Green Mountain Arena, a group opposed to the zoning change, delivered a petition signed by 297 arena supporters who wanted to keep the zoning as is. Group members told the select board they wanted to continue recreational use of the property, but didn’t have the money to buy it.

The select board declined to recommend the zoning change, citing community opposition; the planning commission did the same.

Select Board Chair Bob Beeman said Monday the town “relies heavily on public input” when it comes to planning and zoning issues.

Hollar countered that fair interpretations of zoning laws, rather than public opinion, should guide the board’s decisions.

“At some point, it’s not a matter of public preference,” Hollar said. “It’s about an owner’s rights.”

Beeman was unmoved.

“This is not the right venue,” Beeman said. “The venue is the planning commission. Go back to them and fill the room with people who want the change.”