[B]URLINGTON — Former Mayor Peter Clavelle has been mediating talks between the Burlington Town Center redevelopment and residents who are challenging the project’s regulatory approval in court.
Attorney John Franco, who represents the project opponents, said Clavelle reached out to him in April and that the first mediation session was May 5. There have been three sessions so far, he added.
At a status conference Monday in the Environmental Division of Chittenden County Superior Court, Judge Thomas Walsh laid out a schedule for the legal appeal that would set a trial sometime between September and November, Franco said.
Walsh has yet to rule on a request from project developer Don Sinex to dismiss the case, but his decision is expected in the coming weeks, according to the parties.
Walsh previously denied the residents’ request for a stay of construction, but he noted in his decision that if his ruling in the case ultimately requires substantive changes to the project, the developer would have to foot the bill.
Franco and his clients are appealing permits the city’s Development Review Board granted in March. They say the project doesn’t have enough parking, and there were procedural issues with the passage of new zoning in an area of downtown where the project is located.
Separately, the group is challenging the state’s determination that the project doesn’t need Act 250 environmental review. Franco said he expects the cases to be merged and heard together.
The Burlington Town Center redevelopment is slated to include housing, retail and office space on ground now occupied by half the existing mall. The development’s 14-story towers would make it the state’s tallest building.
Sinex, who owns the mall, said he was hoping for the earliest trial date possible.
“We are ready to go, and we want to avoid delay which could put the project at risk,” Sinex said in a statement. “We do plan to continue the enabling and deconstruction activities this summer as planned, so that we can move to construction promptly.”
Sinex attorney Brian Dunkiel said they were reasonably happy with the schedule Walsh laid out Monday. “I think the court’s schedule, compared to what it could have been, is relatively fast, but of course we’d like it to go faster,” Dunkiel said.
In an earlier filing, Sinex said he is missing out on $270,000 a month in rent now that he’s cleared out the half of the mall he plans to raze. He said he’d begin to lose an additional $240,000 a month in increased construction costs if the project is delayed.
Sinex said his team initiated the mediation. “I’m a practical person and continue to hope for a sensible resolution to all of this litigation,” he said. “That’s why we reached out to discuss potential settlement with the project opponents, though we are vigorously defending against their claims in court and will continue to do so.”
Clavelle, a Progressive who served as mayor from 1995 to 2006, has come out as a vocal supporter of the project and served as treasurer of a political action committee used by current Mayor Miro Weinberger to press the passage of two related ballot items.
However, Franco said Clavelle is a good choice to mediate — despite having no formal training as a mediator — because he has the trust of both sides. Beyond that, Franco said mediation laws tightly restrict what can be divulged about the negotiations.
“We can’t talk about the substance of what goes on at mediation,” he said.
“It has to be completely confidential, because if it’s not confidential, the parties can’t let their hair down and have frank discussions about the issues.”
Dunkiel said the city was aware of the talks but has had no direct involvement.
“I welcome anything that could lead to a sensible and prompt resolution that allows this project to go forward, and I appreciate Mayor Clavelle’s willingness to participate in the process,” Weinberger said in a statement.
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