This story by Corey McDonald was first published by The Other Paper on Oct. 19.
The city of South Burlington has appealed the state environmental court’s decision allowing for Higher Ground’s relocation to the Vermont Supreme Court, throwing its support behind a group of 140 residents near the area who say the venue will negatively affect their quality of life.
The city’s appeal is a significant backing of the Citizens for Responsible Zoning group, which earlier this month appealed its litigation to the Supreme Court after a superior court ruling allowing the project to move forward.
South Burlington was an interested party in the initial appeal. The city attorney filed a notice of appeal to the state’s highest court less than a week after the citizen group’s appeal “at the request of the city council in the support of our residents,” the city said in a statement. “No other action has been taken at this time.”
A spokesperson for Burton and Higher Ground did not respond to a request for comment.
Plans to move the music venue from its Williston Road location in South Burlington to warehouse space in Burlington have been in the works for more than four years. But the project has faced a long road of appeals and court hearings since it was first proposed.
Higher Ground hopes to use Burton’s warehouse space north of Queen City Park into an outdoor plaza, food court, indoor skate park and music facility, which would hold up to 1,500 people — 400 more than can fit into the current site.
But the project has been stalled by the Citizens for Responsible Zoning group, a collection of Burlington and South Burlington residents who live near the proposed location. They’ve said that Burton has shown an “unwillingness to accept permit conditions that would ensure they take responsibility if neighbors are negatively impacted.”
Burton first received local approval in September 2020. The state then OK’d the plan in 2022, but approvals were quickly appealed by the resident group.
The relocation, residents have said, will cause parking and heavy traffic problems in an area with only one access point over a one-lane bridge; will bring late-night noise, via loud bass frequencies from the venue, as well as from inebriated concertgoers in the area; and will force an increased police presence in the area.
The issue turned tense this summer after nearly two dozen residents affiliated with the litigation were issued no trespass notices by the Burton Corporation, after the company said it had reason to believe members were coming onto company property “to place signs and put flyers on employees’ and guests’ vehicles in our parking lot without our permission.”
A superior court judge in July upheld those state and local permits, allowing the plans to move forward, but not without tacking on certain stipulations.
The company would have to coordinate with the cities of Burlington and South Burlington to ensure that no event parking will take place on Arthur Court or in Queen City Park; that all ticketed events will end by midnight, with the exception of 12 events per year that must end by 2 a.m.; and that Burton will install a permanent noise monitoring station at its property line to enforce World Health Organization noise limits.
Still, the group said that there was “no assurance that the permit conditions would actually prevent nighttime disturbances or provide adequate safety for bicyclists and pedestrians.”
“As it stands, the imposed conditions still do not provide any mechanism for enforcement,” the group said. “If Burton (and) Higher Ground do not abide by them, the impacted neighbors’ only recourse will be to reengage in lengthy and costly legal actions.”
Correction: An earlier version of this story mischaracterized the ownership of Higher Ground.
