Franco, who is representing project opponents, contends that the city violated the settlement agreement the two parties reached last July. By not allowing his clients to weigh in on the changes, Franco argues, Sinex denied them their constitutional rights to due process.
He and his clients are asking that Sinex pay for “emotional distress damages” and attorney fees. Franco declined to comment on the decision to reopen the case.
Last month, Sinex received permission from the city planning and zoning office to add 16 additional apartment units and eliminate 40,000 square feet of planned retail space in his CityPlace Burlington development. The changes would also amend the parking setup — which Franco argues would ultimately result in fewer parking spaces.
The changes are “in express violation of the DRB’s Conditions of Approval” which mandate any changes go before the Development Review Board, Franco wrote in his legal complaint.
Sinex has previously said the changes, which were approved administratively by the city, were necessary to cut costs of excavating for parking space.
In response, Franco sent a letter to Sinex asking him to adhere to his original building plan and requesting that the city reopen the appeal period, which had closed.
In Friday’s filing, Franco objected to the fact that neither Sinex nor the city had warned him of the request for amendments; he learned about those changes from a Seven Days report, he has said.
Read the complaint here:
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Sinex can do as he pleases by the look of things . . thanks Miro . . .
Corruption is so . . .”vibrant”.
We should have a contest to rename the Burlington Town Center, after all Burlington doesn’t want to be a “town ” anymore. And it sounds so burgherish. We need something that reflects how enlightened we are, how artsy and progressive and diverse and self-absorbed. So, folks . .start suggesting names for our new pile of hubris. I’ll start: I thought something bland like Sinex Towers or Greedy Heights would be too obvious. But after giving it some thought here is my suggestion and the reason for it.
My suggested new name for the BTC is “The Tumor”. Why should we call it “The Tumor”? Because it will only get bigger, it will spread, and it will eventually kill the host.
So, put on your Thinking Caps and get busy and post your ideas for new names for the BTC on here.
The DRB, more than half of its members are commercial lawyers and architects, can “administratively” do what they see fit and allow Sinex to break any previous arbitrated agreements? Nice… the city’s deal is like the one Lando made with Vader… it keeps getting better all the time…
By the end Sinex is going to be parking an F35 on the roof–with Weinberger’s blessing, too.
“emotional distress damages”. I’m having a bit of a think over that one.
This whole situation would be amusing were it not indicative of the way things are in Vermont in general. The unrealistic, immature, litigious, venomous and incredibly entitled fight development at all costs, we want things to be like they were 100 years ago and never change crowd would prefer crumbling housing stock and infrastructure, empty store fronts and housing scarcity to any kind of development and this is why Vermont is in the economic fix that its in. Hopefully common sense will prevail in this case and Franco and his crowd will not only lose but be forced to pony up attorneys fees that Sinex will be forced to pay in order to fight this stupid fight.
Turkeys are of a feather
Therefore they flock together – creating mass movements.
Mass movements
by their very mass
Attract turkeys.
Thank you John Franco and 7 Days for keeping an eye on this project, Sinex and the City Administration and challenging them when major changes are made. I wonder if there is anything in this deal that precludes Sinex from turning the apartments into condos and selling them? I wouldn’t be surprised to see that pop up in the near future.
Thank you John Franco and company as stated in the above comment for keeping a watch on this. Miro did a handshake agreement with Sinex to give him the 14 stories and $22 mil BEFORE Sinex bought the mall. And then jammed it through city hall. Its been a very robust public process. Too bad Miro did this backwards. Redevelopment of the mall was a good idea. Please support Franco et al. Or we will really have a mess on our hands.
@RB and Carolyn Bates
Seldom does a renovation go as planned. Seems to me that John Franco and this group have never done any kind of renovation.
Change happens. If you stand still nothing will ever get done.
Just asking but will Sinex have to pay John Franco’s bill again. Very easy to go to court when you are not footing the bill.
“want things to be like they were 100 years ago”
Well, 50 years ago. The low profile of Church Street is a relatively modern phenomenon. 100 years ago, the 5&10 store (Kresge/Jupiter as far as my memory extends but it was probably something else earlier) was only 3 stories tall, though they were high-ceiling stories so it was a fairly tall building, considerably taller than the mall entrance there now. Woolworth’s was also a substantial building 100 years ago, much taller than the current OGE building. Across Cherry stood the New Sherwood Hotel, 7 stories tall, looming above the Masonic and Richardson buildings at the top of the block, nearly as tall as the church spire beyond. Church Street featured several 4 & 5 story buildings back then, all shoved right up to the sidewalk, not to mention train tracks down the middle and parking on both curbs. Most of those tall buildings predated elevators. J.C. Penny and Sears occupied the ground floor of the Sherwood Hotel simultaneously, and it was only well after Sears departed, the hotel burned, that J.C. Penney installed what I believe was Vermont’s first escalator in the dramatically reduced replacement building. (I hasten to add that all this is from 2nd hand memory, and invite correction from scholars or centenarians.)
It can’t compare to the effects of urban renewal to the west, but a contribution to the housing crunch in Burlington was 20th century enthusiasm for razing tall wood-framed buildings downtown, replacing them with low metal buildings, eliminating residential space above.
Not sure what constitutional right was violated here. Quite a reach. This is a small group of people, no names mentioned, that contest just about everything the mayor favors. These are the ones who cry about taxes and housing costs but will hire lawyers pro bono to fight every development. Want to know who this small group is, just do a public records request from planning and zoning.
I find it fascinating that the comments on any Sinex-related story get significantly more votes (especially when they’re pro-Sinex) than many others …
And why is it fascinating ? Perhaps you have it wrong . Maybe many are not pro-Sinex as much as aagainst NIMBY obstructionists led by a sleazy opportunist . Do you really want an empty decrepit mall smack in the middle of Burlington ? Would you rather have stagnation then a project which will help reinvigorate the heart of the city .
Personally I’m amazed any developer would want to undertake this project with the loony anti-development anti-growth crowd here.
These are the same sorts who would rather keep the Moran power plant as a dangerous and deteriorating eyesore rather then demolish it . The same crowd who will happily accept (I’m predicting here) a decades long abandoned downtown YMCA building rather then demolishing it or letting it be transformed into a tax paying project .
I don’t give a damn about Sinex . I do care about Burlington .
Oleander,
Just us Russian troll-bots hard at work. First we stole your election, now we’ll steal the sun itself! Bask in shade Amerikanski, and despair!