Tiverton Town Council Leaves Countryview Estates Age Limit In Place

If you want to live at , you'll still have to be 55 years or older to do so. 

An amendment to the zoning rule had been proposed, but following a lengthy discussion on Monday, the Tiverton Town Council opted to leave the current occupancy regulations in place.

The age debate, which originated with the Planning Board, centered around several possibilities facing the age limits, which are currently set at 55 or older to abide by state and federal law.

One proposal, which would have allowed an occupant’s spouse to be no younger than 50 years old, was preferred by some seniors in attendance, but Attorney Jeremiah Leary, who represents the elderly housing community, said that option wasn't valid. 

“If we limit it to 50, the opinion you receive indicates it’s less restricted,” he said. “My client’s position [is] they want to be treated fairly under the Fair Housing Act.”

Another option would have added language stating one occupant be 55 years old and their partner allowed to live in the community “regardless of age.” 

Groans from the crowd filled the Town Council chambers during that proposal.

“We did our research,” said Town Solicitor Andrew Teitz, citing the , which uses the open-ended age language. “Our conclusion is the same as verbally from the last meeting. We do have a problem with the age 50 cut-off. It opens the town up the liability with a spouse who’s 49 or 48.”

Roland Shaw, of Red Tail Trail, said that when he and his wife moved to Countryview in 2003, they had to both prove they were 55 years old. He said making a change after many have moved in under the agreements of the current lease would open the town up the more lawsuits.

“If you change this, you’re defeating the purpose of senior housing,” he said. “Be careful with your decision.”

Judy Zeramby, president of the Countryview Association, spoke as a resident to the council, echoing that she and her husband both had to show birth certificates when they moved in.

“I love children,” she said. “I have grandchildren, but that’s not the reason I bought there.”

After the meeting, Zeramby said she was upset with the Town Council’s decision, stating everyone really wanted to age 55 and 50 proposal to pass.

“When you have a community of 55 or 50, it’s easier to sell a home,” she said. “We have over 20 units for sale. They took the safe way out.”

Zeramby said the current regulations are still not in compliance.

“It’s still a form of age discrimination,” she said.

Police contract ratified

Also Monday, Town Administrator James Goncalo mentioned recently approved amendments made between the town and its police department's union, the International Brotherhood of Police Officers. The contract, with the approved amendments, were approved from July 1, 2010, to June 30, 2011. Goncalo said there were no changes or salary increases, and the memorandum of understanding and cost of impact statement was properly advertised. He said the only increase in the contract amounts to roughly $61,000 due to healthcare premiums.

Commission membership update

Despite a resignation from the Conservation Commission and the Financial Town Meeting Changes Advisory Committee (FTMCAC), three individuals — Peter Mello, Patricia Hilton and Richard Guimond — were appointed to the on Monday night. All three were appointed to a one-year term, two-year term and three-year term, respectively. Jeff Caron, co-chairman of the FTMCAC, and Goncalo acknowledged that more volunteerism is needed in town for vacancies on other boards and commissions. Retired attorney Nancy Driggs was appointed to the FTMCAC, and the council and Caron discussed reducing the requirement for a quorom for the committee. Extending the life of the committee, in order to of changing the way to town votes on its budget, was also discussed.