LUDLOW, Vt. – The April Ludlow DRB meeting, which dealt almost exclusively with the Divided Sky Foundation’s change of use request for their planned detox and residential treatment facility at the former Fox Run location, lasted for nearly three hours with a decision to continue the discussion at the May 10 meeting.
Although anyone could view the meeting via live stream, participation in the Zoom meeting was limited to those involved with, or impacted by, the project including facility owner’s Divided Sky Foundation representatives; Ascension Recovery Services representatives who will run the facility for DSF; those who live near the location at Fox Run Condominiums; future owner of Okemo Valley Golf Course; local law enforcement; local and state addiction counselors; as well as other board and town officials.
Ludlow’s Development Review Board is a quasi-judicial board with all participants being sworn in before testifying in the meeting.
Divided Sky Foundation representative Morgan Henson began by introducing the Divided Sky Foundation as a 501(c)3, nonprofit organization that will be providing a detox and residential facility for rehab treatment for up to 40 people at the former Fox Run location. The program is specifically for those who are uninsured and cannot otherwise afford treatment. The facility will hire approximately 30 local employees.
The program will be run by Ascension Recovery Services, a company that is skilled at running small treatment centers as well as larger properties. Ascension CEO Doug Leech said they help an organization get started, off the ground, and then manage the program and handle all licensing and accreditation.
Phish frontman Trey Anastasio, founder of Divided Sky Foundation, also spoke about the reasons for selecting the Ludlow location, saying that Windsor leads the area in overdose deaths and that Vermont is 11th in the nation in overdose rates. Anastasio, who himself is in long-term recovery and found help at a residential rehab facility, said he wanted to help Vermont with this problem and that everyone agrees that “we don’t have enough beds” and that more are needed to bridge the gap between needs and services. He also said, “It will be quiet” and spoke about his own experience.
DRB Board Chair Phil Carter began the discussion by asking, “Why is this needed?”
Henson spoke about overdose rates and that there are only four treatment centers in Vermont, only two of which are accepting residents now. Local resident Otis Nelson said that he knew of three local kids that had passed away within the past year. Other citizens talked of the importance of their own rehab experience. Jessica Frasca, who lost her daughter Emily to an overdose last fall, and was behind circulating a petition supporting the project, captured 180 full-time resident signatures. She said that three is a tremendous need and when someone with substance abuse disorder is ready to get clean, the most important thing is that they have a place to go.
Green Mountain High School counselor Pam O’Neill said that when you can’t get a bed for someone, that’s when tragedy happens, and that 15,000 Vermonters are in need of treatment, according to the Vermont Department of Health. Brook Willard, program coordinator for Black River Area Community Coalition, said she has lost three peers since last November due to accidental overdoses and it would be a blessing to have a treatment facility in Ludlow. Michelle Stinson, a youth librarian, said that three young people had overdosed in the library.
Tony Caruso, who has an interest in an abutting property, the Okemo Golf Course, said that the two closest inpatient facilities were at 50% capacity. He was unable to provide supporting documentation or answer whether that was due to Covid concerns.
Jim Hoffman and Darlene Ragazine, both owners at Fox Run, said that no one within their group doesn’t disagree that there is a need, but that this is not the location for it.
Attorney Chris Roy, representing both Divided Sky and Ascension, said the town has an obligation to treat these residents and this facility fairly under the Fair Housing Act.
When the meeting moved onto the subject of zoning, Carter referencing section 460 of the town bylaws, town RC district 1, noting this passage had been referenced by those in opposition to the project: “To provide for limited commercial uses in areas where there is residential development to serve primarily the needs of those residents… the character of the area should be protected and enhanced by shopping facilities.”
Attorney Tony Girardi, representing the Fox Run condo owners, said that residents certainly think this will change the character of the area and that now that character is defined as rural. She made the point that this facility and the condos were initially very intertwined.
Otis Nelson said that considering the prior facility was also a resident facility before he doesn’t see that it’s changing much.
The question of whether this facility was serving the needs of residents – that if residents were drug dependent, it would serve those needs – was also up for interpretation.
Carter also clarified Ludlow doesn’t have zoning language for “limited commercial use.” He also said there is no change of zoning here. They are interpreting the zoning and it is open to everybody’s suggestion.
The issues became more complicated when discussion on the past interconnection between the facility and the surrounding property, which was once an inn and built as part of the Fox Run Condos and the Golf Course. Mention of past lawsuits between the lodge and the inn were mentioned and shared water and septic were brought up. Past warranty deed rights to old tennis courts and pool were also mentioned and possible buried gas tanks beneath the facility property came to light.
Girardi said that the Fox Run residents were embedded in the facility area and that they were concerned their real estate values would suffer.
Attorney Roy suggested they continue the discussion in another meeting since new evidence seemed to be emerging after the fact, but he still said that past relationship with the property is not the issue before the board.
Carter said that the relationship in land and usage between these two properties was important to the DRB as part of site analysis, not that they would change the deed, but look at it to interpret.
As the board was deciding that the process would require another meeting, Police Chief Jeff Billings spoke about his concern if some of the residents at the potential rehab facility might be there “mandated by court,” saying that if they don’t want to be there, they may try to run and cause trouble with in-house security and doctors. “That’s when we’re gonna be called there,” he said.
Roy suggested that given the need for a facility like this and the law, that the board should keep this analysis as much as possible over zoning use, understanding that regulatory agencies with expertise would ensure the operator of the facility would do right by the people of Ludlow.
With still the site plan to come under review, Carter agreed they would need to continue in the May 10 meeting. He agreed that Rose Goings would contact everyone with a date to submit any new evidence to give the board time for review.
Anastasio was one of the last to speak, thanking Chief Billings for his comments, and saying that he was one of those court mandated rehab residents and said, “My heart is in the right place.” He also thanked Frasca for “speaking so generously.”