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VNRC, Others, Challenge St. Albans Wal-Mart Permit
MONTPELIER Today the Vermont Natural Resources Council (VNRC)
and other parties filed legal paperwork challenging an Act 250 permit that
approves the construction of a new Wal-Mart store in the town of St. Albans.
Joining VNRC in filing the
Motion to Alter the Act 250 permit is a
local group known as Northwest Citizens for Responsible Growth (NWCRG) and
nearby farmers Marie Frey and Richard Hudak. All have been granted party status in the Act 250 process.
In the motion, the parties
contend that the District 6 commission the local panel that hears Act 250
cases in the St. Albans area ignored its own findings when it granted the
permit.
For instance, the commission
found that the store would pollute a nearby brook, would increase traffic
congestion, and could cost as many as 200-297 jobs and cause over 40 businesses
to close in St. Albans City. The commission also heard that the projects
developer would pave over prime agricultural soils and that it was questionable
whether the developer would properly reduce the impact of losing those soils.
Despite the fact that the commission stated it agreed with all this evidence,
the commission granted a permit for construction anyway.
The conclusions reached by
the commission are simply not supported by their own findings, said Steve
Holmes, VNRCs deputy director. The decision is riddled with inconsistencies
and seems to ignore the evidence.
For example, in their April 4
decision authorizing the permit, the district commission heavily criticized a
fiscal and economic impact study of the regional impact of the store done by Wal-Marts consultant, saying
the analysis contained flaws and omissions and in part is not credible. Nevertheless, the commission issued the
permit relying almost entirely on the consultants report, which estimated only
40 lost jobs and 12 lost businesses in St. Albans City.
The proposed store would be
the largest in Vermont at 146,755 sq ft. It is proposed for Route 7 near exit
20 off I-89. A smaller Wal-Mart store of 100,000-square-feet was proposed for
the same site in the 1990s and was denied in part because of impacts on
surrounding communities.
Also under the permit,
Wal-Mart would pay St. Albans City $500,000 to compensate for negative impacts
to the city. That, according to Holmes, is a pittance compared with what other
large developers have paid other communities. Wal-Mart agreed to pay Pima
County (in Tucson, Arizona) $35 million roughly two percent of retail sales
over 25 years to build a 123,000 square foot store. And, 20 years ago the
City of Rutland and the developer of Diamond Run Mall in Rutland Town executed
an agreement as part of an Act 250 permit to provide over $3 million in direct
and indirect impact fees to offset and mitigate adverse effects of the project
on the city.
Closer to home, an editorial
in the St. Albans Messenger on
December 1, 2006, suggested that Wal-Mart pay a considerably higher fee to St.
Albans City than the amount in the recently granted permit. The Messenger has consistently editorialized in support of Wal-Mart
building a store in this location.
The Messenger editorial said &as the city pursues its negotiations
with Wal-Mart, could a deal be struck in which the city and Wal-Mart would
agree to a set percentage of gross sales being due the city? The store is
expected to generate sales of $60 million a year, if one percent were dedicated
to the city, thats $600,000 a year.
In their motion to alter, the
parties ask the commission to deny the permit for failing to meet several Act
250 criteria.
If the commission lets the
permit stand as issued, the parties could appeal the case to the Environmental
Court.
About VNRC
The Vermont Natural Resources Council is an independent, nonprofit research,
education, and advocacy organization founded in 1963 to protect Vermonts
environment, economy, and quality of life. Nearly 6,000 households, businesses,
and organizations support VNRCs mission.
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