Nicole Higgins DeSmet

Free Press Staff Writer

Demonstrators against a downtown development plan sent balloons aloft on Monday to protest a proposal for what they call a skyscraper on the Church Street Marketplace in Burlington.

The Coalition for a Livable City, which organized the protest, hoped to spread the word about this week's Burlington City Council vote on the plan for the Burlington Town Center proposed by Don Sinex, which they believe will be at the taxpayers' expense and against the public interest.

Mayor Miro Weinberger has consistently said the project is an opportunity redevelop an underutilized portion of the city center.

Balloons in four colors representing different building heights from the various mall proposals and zoning permits were unspooled and quickly reined in. The red balloons represented the 160 feet of Sinex's proposed mixed-use development. Green balloons at 135 feet and yellow at 105 feet represented other proposed heights for the project, and purple balloons at 65 feet represented what is currently permitted. A building could be 105 feet tall under current zoning under certain conditions.

A strong wind quickly made a plan B necessary for the balloons. Volunteers stretched the strings down Church Street instead.

Onlookers smirked at the display, but the issues raised were news to some.

First coalition speaker Genese Grill said her group had a plan to make a better town center. She said Sinex, the owner of the Burlington Town Center mall, said if he doesn't get his permitting he has a plan B.

"That plan is to put lipstick on a pig,” Grill said. She did not mention that Sinex has no plan B.

The coalition, according to Grill, did have a plan B — "PlanBTV."

PlanBTV is the city's guideline for developments in the downtown and on the waterfront.

The City Council voted 7-4 two weeks ago to define changes in the downtown zoning district around the Burlington Town Center. If regulatory changes are approved at Thursday's meeting, the new maximum height for buildings in the zone will be 160 feet, up from current zoning of 65 feet. This new proposed zone also encompasses properties next to the mall, including the Macy's department store, the 8-story tower at 100 Bank St. and several garages near the mall: Lakeview Parking, Marketplace, and College Street.

BTV council outlines height increase for downtown

“They changed the boundaries of the overlay because they are concerned with avoiding charge of spot zoning," said Michael Long, a coalition member who spoke at the gathering. He spoke to the Free Press before the balloons began drifting over the mall facade.

Spot zoning is a small change within a pre-existing zone, which can be legally challenged if proved to be against the public interest. Long believed the zoning amendment was crafted directly from an agreement with Sinex which serves his company's development needs.

The coalition has said the changes are illegal, but Long agreed it might be a legal debate.

When asked if they were planning on taking the fight to court if the City Council votes in favor of the zoning changes, Long said, "We don’t know. It could go there."

"The Planning Commission's job is to make a report that says the new zoning is in compliance with the comprehensive plan and that it will foster affordable housing. They have to affirm this is true. They didn’t. David E. White did that in their name," said Monique Fordham, a coalition member.

White is the director of planning and zoning for the city of Burlington.

"A court can question whether that was proper, and if it is in compliance, because we don’t think it is," Fordum said.

City Councilor Max Tracy and state Rep. Curt McCormack, D-Burlington, spoke in support of the group's effort.

"This is terrible. To be changing our zoning and to be getting a bare minimum of affordable housing," Tracy said. The major fault he sees is the lack of compromise from the Sinex group.

McCormack's major issue was what he saw as a surplus of unnecessary parking spaces.

The coalition announced on its news release for the event that should the council vote to approve the change on Sept. 29, they will launch a drive to obtain the 1,600 signature needed to put the downtown zoning issue on the November ballot.

Correction: In an earlier version of this story David E. White, director of planning and zoning, was misidentified as, David White, of the firm Burke + White.

This story was first posted Sept. 26, 2016. Contact Nicole Higgins DeSmet at ndesmet@freepressmedia.com or 802-660-1845. Follow her on Twitter @NicoleHDeSmet.

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