Vermont Business Magazine The Burlington Town Center (BTC) and a group of Burlington residents who have been opposing the BTC redevelopment project jointly announced today that a settlement has been reached that will enable the redevelopment project to proceed while addressing many of the concerns that had been raised. Don Sinex, on behalf of the owner and developer BTC Mall Associates LLC and Devonwood Investors LLC, and residents Barbara McGrew, Michael Long, Lynn Martin, and Steve Goodkind (individually and on behalf of a group of other residents), all represented by Attorney John Franco, have entered into a Settlement Agreement that resolves all outstanding claims against the BTC redevelopment project. The Settlement Agreement is subject to, among other things, approval of a stipulated Final Judgment by the Environmental Court.
Key terms of the agreement include:
- BTC will provide additional parking for approximately 200 automobiles in the basement of Phase 1 of the Project
- Assurance from the Developer that any future development of the BTC site currently owned by the developer will not exceed 10 stories in height and also will provide parking for approximately 250 automobiles
- Assurance that Phase 1 of the BTC Project will not include a student housing master-lease with Champlain College or any other University
- Establishment of a charitable fund with a contribution by the developer of up to $500,000 to be managed through the Vermont Community Foundation to fund projects that preserve and promote Burlington’s essential character by advocating for people, programs and projects that promote growth through grants to small businesses, local arts and culture, public spaces, community centers, preservation of designated historically significant architecture, and transportation alternatives, with assurance from the Appellants that the funds will not be used for any political purpose or to oppose any development project
Separately, the developer will donate to the City of Burlington the land that underlies the two new planned streets at St. Paul and Pine, as a gift to the City.
“I appreciate that the residents who brought legal challenges against the project agreed to sit down and work out our differences,” said project developer and owner Don Sinex. “I want to thank former Mayor Peter Clavelle for agreeing to step in and help; the trust we all placed in him to work with us to get these differences resolved served as the catalyst for this settlement. I think this settlement is the right balance for all of us – the parties, the project, and the City as a whole. I am eager to get this approved by the Court and to start this transformative project. The sooner we start, the sooner we can deliver all the benefits this project will bring to Burlington.”
John Franco, attorney for the residents opposing the project, also thanked former Mayor Clavelle for his assistance and said, “The end result achieved with this settlement is a good compromise for all the parties and is in the City’s best interests. I look forward to working to seek Court approval and implement the settlement.”
Mayor Miro Weinberger said in a statement: "The agreement between Devonwood and the appellants appears to be a great step forward for Burlington, removing the last major hurdle in this public-private redevelopment effort that will address so many of the City’s critical challenges by creating new jobs, new housing, and new municipal revenues. I look forward to working with the City Council to review this settlement agreement and complete the City’s final development agreement with Devonwood. I thank former mayor Peter Clavelle for his leadership and hard work on this issue, and thank and congratulate all parties for their success crafting this compromise.”
The City has participated in the legal challenges in support of the project and the permit issued by the Burlington Development Review Board.
Once the settlement is approved the Environmental Court and the legal challenges have been dismissed, the redevelopment project will proceed promptly. The entire eastern half of the BTC mall between Church Street and the new St. Paul Street will remain outside the construction zone and fully open for business. All Church Street visitors will continue to be able to enjoy the restaurants, cafes, and shops in this portion of the Burlington Town Center.VBM vermontbiz.com
Source: BURLINGTON, Vt. – July 5, 2017 –The Burlington Town Center