[B]urlington — Citizens opposed to the construction of a 14-story town center in downtown Burlington have filed a new lawsuit against the developer saying he reneged on an agreement he had made to settle an earlier suit last summer.
At issue in the suit are parking, retail space, and what the plaintiffs say is a promise broken by developer Don Sinex, to inform them of any change of plans.
As part of the settlement of the earlier lawsuit last July, the complainants say, Sinex had agreed to increase parking for the mall, and leave the first floor fully available for retail.
An amendment to the building permit — requested by the developer and approved by the city’s Department of Planning and Zoning — will cut non-valet parking by 294 spaces and increase residential units, rendering a portion of the mall’s ground floor unavailable for retail.
Attorney John Franco, representing the citizens group, said his clients are suing mainly because Sinex had failed to notify them of the change, as he had agreed to do in the settlement. They learned of the change in plans from a Seven Days reporter, after the deadline to appeal the change had passed.
“This is a major betrayal, we’re entitled to the finality of the agreement,” Franco said.
Supporters of the town center said the reduction in the number of parking spaces amounts to a minor change driven by engineering demands and allowed within the settlement. Sinex did not break the parking agreement, they said, because while non-valet parking spaces were decreased, the number of valet parking spaces was increased.
Brian Dunkiel, a partner in the law firm representing Sinnex said the 16 additional residential units would add to the project’s overall value and appeal. He called the suit by “Franco and his clients” an “attempt to obstruct progress.”
Opponents say the argument that the changes were made for engineering reasons is a facade to cover the financial benefits to Sinex.
The suit also says that valet parking breaks multiple city codes.
The agreement signed last summer by both parties was brokered by former Mayor Peter Clavelle.
According to Franco, the settlement was based on concessions by the developer on the number of “open” — non-valet — parking spaces that would be available to the public, in return for concessions by the mall’s opponents on the size of the development size. At 14 stories, it will be the tallest building in Burlington.
Mayor Miro Weinberger declined to comment on the details of the case because it was in litigation, but said he believed the changes to the project would be beneficial to the city.
The mayor’s office is separate from the Department of Planning and Zoning, and his support for the center has no bearing on the permit decision, he said.
The additional residential units would help alleviate Burlington’s housing shortage, he said.
