The Burlington Town Center settlement agreement may not be so settled.
A lawyer for developer Don Sinex and a group opposing his project are in a back-and-forth dispute over several proposed amendments to the downtown mall redevelopment plan. Each side has accused the other of violating a settlement agreement they reached last July.
Last week, after Seven Days reported that Sinex had received the necessary permits for more apartment units and alterations to the parking plans, John Franco — a lawyer representing project opponents — wrote to assistant city attorney Kimberlee Sturtevant and Sinex’s lawyer, Brian Dunkiel, challenging the changes.
Franco asked the city to reopen the zoning appeal period, which ended on March 10. The attorney called the amendments a “substantial change to what was bargained for” in the settlement agreement.
Sinex’s company’s “failure to notify us of its plans to seek these amendments … constitutes a breach of the implied covenant of good faith and fair dealing,” Franco wrote.
In response to Franco’s complaints, Dunkiel made his own accusations.
The developer “considers any attempt to reopen the zoning proceedings — which, in any event, were properly conducted — a breach of the June 29, 2017, settlement agreement, in which you and your clients agreed not to ‘oppose any
other permits or regulatory or legislative approval’ needed for the project,” Dunkiel wrote.
Sinex “reserves the right” to “seek recompense” if Franco continues to oppose the project “in violation of the settlement agreement,” Dunkiel wrote.
Franco replied with another letter accusing Sinex of threatening to sue his clients. “[My clients] will not, however, be dissuaded by Mr. Sinex’s threats,” he wrote.
Dunkiel told Seven Days on Tuesday that he planned to meet with Franco and the Burlington residents he represents on Thursday. “We’ve worked successfully with them in the past to resolve their issues, and I’m confident we can do it again,” Dunkiel said.
Franco, for his part, said he is also considering pushing back against other proposed changes to the project, including plans for two floors of amenities such as a pool, dining room and lounge.
“Don seems to think he can just go in there and do whatever he likes,” Franco said.
For all his bluster, though, Franco admitted he’d proceed with caution: We “don’t want to risk getting sued by Don Sinex,” he said.
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This is a great project for the city of Burlington and the fact that there is so much resistance from some of the people living there just blows my mind. This will bring people back to downtown Burlington once its completed and thats good news for everyone who lives in that city or owns a business in that city. It will also bring some more jobs to Burlington and some new stores adding more options for buying things. You have to be crazy if you think this is a bad thing for Burlington. If I was Don Sinex I would of took my money and went somewhere that would of appreciated the investment he is making.
It would be lovely if Count Dracula Sinex would take his Igor Weinberger and leave town and quit draining the blood out of Burlington .
Some people just cant accept change
Lets see
Redesigned and expanded mall
Bike lanes on North Ave
F35 in place of F16
Give me a break change happens
These people would likely oppose repaving Pine Street
Don Sinex is a thug. He collaborated with Wonder Boy Weinberger to threaten, cajole and bamboozle the City Council into agreeing to his monument to greed and artifice and now, threatens to use lawsuits to defend his breaking zoning allowances. Burlington deserves better than that, but no one in the city seems to have the intestnal fortitude to really stand up to him and his trained monkey in the mayor’s office.
@Christopher Hill,
monument to greed and artifice
Hey Chris I didn’t see you or any of your non greedy friends putting up money to buy and rebuild the mall. Very easy to criticize others when it’s not your money.
Here we go again. While this group of people prefer to see empty storefronts and would rather Burlington be continued to decay, many of us look forward to some development and progress. The housing stock and infrastructure in Burlington are in horrible shape due in large part to this group of we want everything the way it was 100 years ago people. If more business people want to come to come to Vermont to set up shop, I hope they take a look at this long saga before they do it so that they are aware of exactly the kind of people they will have to deal with – extremely entitled, illogical people vehemently opposed to any kind of progress.
I agree they should just leave town, hand in hand. Miro has not done much here for the homeless and cheaper housing. He only has seemed to help the rich get richer
Once again… opponents of Sinex’s design and the less than honorable way he makes deals are painted as anti-development… not really the case… my problem has never been with the idea of developing that particular area… it’s the scale and priorities that this particular project and its leader champions… the way Sinex has dealt with the city has been less than admirable in my opinion… constant baits and switches and general high pressure fear tactics to rush the city into making poor decisions… it’s only going to continue as he moves the end zones to suit his needs… It’s like sheep who invited a wolf into the corral to look after them… and now they clearly see wolf like tactics, they are so surprised and are scrambling to do everything they can not to be eaten… too late!!! And for all the Chamber of Commerce types who are extolling the plan’s virtues as if reading some PR pamphlet?… I hope you’re right… because you have to deal with a wolf from now on… I hope there are at least some benefits and not everyone gets eaten…
Just wait to see what he does with the Macy’s building.
“Don seems to think he can go in there and do whatever he likes”
Well yes, Mr Sinex is the managing director of the privately-held REIT that owns the property. I’d hope he’d be able to make improvements to property he controls! Mr Franco’s demand that Sinex listen to 57 residents (the “reactionary fringe”) rather than the other 42,000 is absurd. The public has spoken in the November 2016 ballot items, strongly supporting this project and all the benefits and opportunities it will bring to Burlingtonians.
The regulation environment in Burlington and Vermont is nauseating. Thank god Mr Sinex has kept faith and remains bullish on our city. Any other investor would’ve jumped ship by now.