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pa GEE JOHN L. FRANCO, JR. #27 mp 110 Main eect, Sut 208 ating, Vernon 5401-51 DEPART "fps 5) 67207 PLANNING ESOS it onansliao cn February 27, 2017 ity of Burlington, Vermont Development Review Board City Hall Burlington, VT. 05401 Re: DRB Proceedings, Permit Applicaton #17-0562CA/MA ‘To Whom It May Concern: ‘The undersigned are voters and/or property owners in the City of B ‘group enter their sppearance as interested persons inthe proceedings before the Development Review Board in the matter of permit application #17-0652CA/MA. They jin the group of 22 voters andlor landowners whose petition was filed on Februsry 10, 017. They allege that any relief requested in the permit application, if grated, will not be in eocord withthe polices, purposes of terms ofthe plan or Bylaws ofthe City of Burlington, The group specifically opposes this application including, but not limited to, on the following grounds: 1) The Predevelopment Agreement provides that the property owner BTC Mall ‘Associates, LLC will be the developer, but it not the zoning permit applicant. The permit applicant is Devonwood Investors, LLC. Devonwood is neither an ovmer of the subject properties nor a signatory to the Predevelopment Agreement, ais not legally bound by the requirements of the Predevelopment Agreement 2) Taepermit application i incomplete because 21 It does not adress what is to happen with the facade of the remaining Portion ofthe existing BTC Mall tobe exposed by the proposed demolition of a portion ofthe existing mall andthe re-establishment of St. Paul Stet. 22 Itsimilarly doesnot adress what isto happen with the exposed facade of the remaining portion of the Macy's building by the re-establishment of Pine Street. 23 It does not include all of the Public Improvements identified in the property owner's Predevelopment Agreement with the City and the 2016 TIF referendum language. This contradicts the Predevelopment Agreement §4 d. Fep 27 2017 cost and expense, and the City shall reimburse the Ownet fr the agreed: :n cost of constructing the Public Improvements...upon Oviner'sressipt of @ Unified Cerificate of Occupancy for Phase [of the Project.” Moreover, the F |) Which provides thet “the Owner shall construct all the Public yvements at its Eer m5 Eo: ras ipomanas Gustteica este ae eee ee Se sane ripe eg re i 2 ‘which provides they re tobe completed andthe Unified Certificate of Oscopancy isto be received no later than December 31,2019, 24 ‘The permit application has consequently shorted the amount it owes othe City in the permit aplication fee. Because the Over isto be constructing the {improvements st his own cost and expense with later reimbursement by the City only if @ Unified Cerificate is obtained, they all must be included in the permit ‘pplication andthe cost ofthe permit application fee i they are tobe bul but ace not 25. The permit aplication is incomplete because it doesnot address how or \where the parking demand to be created by Phase Il of the redevelopment projet Isto be satisfied. 26 The permit application is incomplete because it doesnot address how the cxisting demand for public parking being satisfied by the public parking spaces in te parking facility which is tobe demolished wil be accommodated dring the period of demolition and construction. ‘The application fils to comply withthe review eiteria for Major Impact Review Standards 1, 5,7, 8, 9,10 of $3.56 () ofthe zoning ordnance. 3.1__The scale of the proposed project will overwhelm the ebilty of City’s infrastructure to suppor it, especially parking. 32. The permit application proposes the construction of only 761 parking ‘spaces which contradict the owner's Predevelopment Agreement which provides that the project will provide “925% * parking spaces. 33 The permit application eliminates the existing public parking space in the parking garage which have for decades been dedicated to public use, and to ‘ppropriate those spaces for the parking demand incurred by the development project. This was never previously disclosed inthe Predevelopment Agreement ot elsewhere, 34 The physical scale and height of the projet will block out ar and light and ‘eause enormous congestion in the streets. 35. _ The application consequently fils to comply with the applicable bylaws, With the city master plan, or the approved Champlain Street Urban Renewal Plan 2 4) The applicant cannot demonstrate that the 2016 zoning bylaw amendments were lawfully adopted. Kalatowsti ». Town of Clarendon, 139 Vt. $19, 521-22 (1981), 5) The applicable 2016 overlay amendments constituted _unlawfil_ and “unconstitutional spt zoning. 6) The applicable 016 overlay amendments constituted illegal contact zoning. FEB 27 207 DEPARTMENT oj PLANING A Die, DEP» PETITION TO PARTICIPATE IN THE BURLINGTON DRB** PROCEEDINGS ON PERMIT APPLICATION 17-0662CA/MA; 75 CHERRY STREET ‘The undersigned are voters and/or property owners inthe City of Burlington, Vermont. We hereby petition to the Development Review Board (DRB) to participate in the DRB proceedings involving the application 17-0662CA/MA; 75 CHERRY STREET on the grounds that f any of the relief sought in the application is granted, it will not be in accordance with the policies, or terms of the Plan or bylaws of the City of Burlington. We hereby designate Steven Goodkind to serve as our representative of the petitioners regarding all matters relating to the appeal. \y SIGNATURE, PRINTED NAME STREET ADDRESS Dax the Nin Abeer |897 Sind Teal? Lee? Jerone € MabAZD Pearl stato | LO Coeffte, Leyden [57 Meph FB (AC (A — Alevéay. 45 Pell Bega ~~ ate. Navinoant-| 24 Sh sh Bibi — Vatnek Maweor 9} team’ THF, kA Than Wye | (63 coms Ril} KGorberiy Bean | S38 Maroy St Bet as bY Nuch — GA Vina St. Lorde c tol Calleon Herdeny | Leomus $4. iL a hechun Yard Ht She ys PETITION TO PARTICIPATE IN THE BURLINGTON-DRB: PROCEEDINGS ON PERMIT APPLICATION 17-0662CA/MA; 75 CHERRY STREET ‘The undersigned are voters and/or property owners in the City of Burlington, Vermont. We hereby petition to the Development Review Board (DRB) to participate in the DRB proceedings involving the application 17-0662CA/MA; 75 CHERRY STREET on the grounds that if any of the relief sought in the application is granted, it will not be in ‘accordance with the policies, or terms of the Plan or bylaws of the City of Burlington. We hereby designate Steven Goodkind to serve as our representative of the petitioners regarding all matters relating to the appeal. sycunnG. PRINTED NAME ___ STREET ADDRESS wolf Lrg— Helvay setae mniad Caorne. St fo | JSenice Dalin BA SVlitard St he Tinsel Gaslay Nw Gtiala red Viale eprey Men Sb ae ee ca Dew 2.22 Bin healh sept een b [newts Citegerall 1S Dros C1 f Moving EO [aT] NWIOSA APC PAW NT frannaln Papiss| SS Geen: SH ee Brenda Comehall 121 Curt. St Bey eve, Cingeslal! | AB Monroe | 7) PETITION TO PARTICIPATE IN THE BURLINGTQN,DRB, PROCEEDINGS ON FEB 27 207 PLANNING: PERMIT APPLICATION 17-0662CA/MA; 75 CHERRY STREET ‘The undersigned are voters and/or property owners in the City of Burlington, Vermont. We hereby petition to the Development Review Board (DRB) to participate in the DRB proceedings involving the application 17-0662CA/MA; 75 CHERRY STREET on the grounds that if any of the relief sought in the application is granted, it will not be in accordance with the policies, or terms of the Plan or bylaws of the City of Burlington. We hereby designate Steven Goodkind to serve as our representative ofthe petitioners regarding all matters relating to the appeal. SIGNATURE PRINTED NAME STREET ADDRESS Aemouy Beoirerde whicat se ALy2. Fhnar A. Shatbes Big the lars 5 Bovtigh WT sassy Pabtofete “7 | wiaory wero ee Fess srl Jack Daces i Bu Sra have 3 DEPARTMENT oF PETITION TO PARTICIPATE IN THE BURLINGTON'DRB’ PROCEEDINGS ON PERMIT APPLICATION 17-0662CA/MA; 75 CHERRY STREET ‘The undersigned are voters and/or property owners inthe City of Burlington, Vermont. We hereby petition to the Development Review Board (DRB) to participate in the DRB proceedings involving the application 17-0662CA/MA; 75 CHERRY STREET on the grounds that if any of the relief sought in the application is granted, it will not bein accordance with the policies, or terms of the Plan or bylaws of the Cty of Burlington. We hereby designate Steven Goodkind to serve as our representative ofthe petitioners regarding all matters relating to the appeal PRINTED NAME ___STREETADDRESS _ SI Caroline St oe er Broly, Wy. |Becoure Nolr | 4 E Villy BO |eclacn ted Cazst| lsancae Anieo _|// Sof p32 PETITION TO PARTICIPATE IN THE BURLINGTON-DRB!= PROCEEDINGS ON PERMIT APPLICATION 17-0662CA/MA; 75 CHERRY STREET ‘The undersigned are voters and/or property owners in the City of Burlington, Vermont. We hereby petition to the Development Review Board (DRB) to participate in the DRB proceedings involving the ‘application 17-0662CA/MA; 75 CHERRY STREET on the grounds that if any ofthe relief sought inthe application is granted, it will not be in accordance with the policies, or terms ofthe Plan or bylaws ofthe City of Burlington. We hereby designate Steven Goodkind to serve as our Tepresentative ofthe petitioners regarding all matters relating to the appeal. SIGNATURE PRINTED NAME ‘STREET ADDRESS CARYN jong | 55 Henry st why (Mictacl Lanlg| 55 HENpy sf] Faced Corte |) 76 Nor Sterek