Council authorizes settlement to resolve Bourne property litigation; DRB approval largely upheld with changes

The South Burlington City Council voted Feb. 18 to authorize the city attorney and city manager to execute a stipulated judgment settling litigation over the Bourne property and to submit the agreement to the Vermont Environmental Court.

Planning and Zoning Director Paul Connor summarized the settlement for the council: the site layout and conditions will match the Development Review Board’s (DRB) 2024 approval, with two main differences. First, the settlement uses current city inclusionary-housing calculations, so of the 30 homes planned, 6 will be permanently affordable—matching the city’s updated rules—rather than an earlier, larger affordable-unit count. Second, the agreement requires the removal of the three existing buildings on the property (the former gas station, former Bourne Auto and the Pizza Hut) by May 1, 2025.

Connor told the council the applicant previously submitted two separate applications and that the DRB and staff had spent substantial time reviewing the project. The settlement binds the parties to a site plan consistent with the DRB’s approval but reflects changes needed to align with citywide rule updates the council adopted after the DRB decision.

If the council’s authorization is signed, the city and the applicant will submit the stipulated judgment to the Environmental Court for signature; if the court approves the agreement it will replace the prior orders and resolve pending appeals.

Councilors said they supported the settlement because it ends years of litigation, aligns the project with current regulations and advances removal of a long-standing blighted corner. Several councilors thanked DRB members and staff for their prior work on the applications.

The council approved the motion unanimously.