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Developers seek flexible subdivision at University Mall; board asks for ROW, wetland options

South Burlington Development Review Board · May 6, 2026
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Summary

Developers of University Mall proposed subdividing a 51.79-acre parcel into a 50.24-acre Lot 1 and a 1.55-acre Lot 2 to enable future redevelopment options. The board asked the applicant to show a 60-foot right-of-way, confirm recorded easements and analyze alternatives to bifurcating a Class 2 wetland buffer.

The Development Review Board reviewed a sketch plan from Eastern Real Estate and VHB to subdivide the University Mall parcel at 155 Dorset Street into Lot 1 (about 50.24 acres) and Lot 2 (about 1.55 acres). Dan Heil, civil engineer with VHB, said the layout keeps the stormwater pond and supporting infrastructure on Lot 2 and noted the site sits in T4 and T5 transect zones with transit, river corridor and floodway overlays.

"Lot 1 would be approximately 50.24 acres. Lot 2 would be 1.55 acres," Heil said during his presentation. Patrick O'Malley, vice president of asset management and development at Eastern Real Estate, told the board the subdivision is intended to "create future optionality for this particular parcel" so the owner can pursue phased redevelopment or work with different partners once leases expire.

Board members and staff focused on several compliance and design issues the applicant must address at the next stage. Staff asked the applicant to confirm that recorded easements — including a pedestrian bridge easement noted in the packet — will be shown on the final plat and recommended that the next submittal depict a 60-foot right-of-way and a street cross-section to demonstrate how the planned primary street would be accommodated. Alex Levin (staff) and Marla Keane (staff) explained the ROW need not be dedicated at sketch but must be shown on the next plat review.

Members also questioned whether the board could allow a building or lot to cross the T4/T5 zoning district line. Heil said the split is unavoidable in part because the existing building and infrastructure bisect the zoning boundary; the applicant cited a provision allowing the DRB to approve a split building lot when unavoidable. The board and staff agreed they believed the DRB has discretion in appropriate cases but asked the applicant to explain the legal basis in more detail at final review.

Wetland impacts drew sustained scrutiny. Chair Dawn Filibert and several members pressed the applicant to justify an irregular southern lot line that bifurcates a Class 2 wetland buffer. Heil said the line was drawn to minimize direct wetland impacts while keeping stormwater infrastructure and a dumpster enclosure on Lot 2. Staff and board members asked the applicant to evaluate alternatives, including shifting the property line closer to the building or creating a three-lot plan that isolates the wetland in a conservation lot with associated easements for stormwater access and maintenance.

Two nearby residents spoke during public comment. Kenneth, speaking for his mother Theresa, asked how exit and right-of-way changes would affect 165 Dorset Street; Daniel Paquette asked whether proposed green areas would encroach on his property and was reassured the sketch shows potential future configurations only. The applicant said they would survey the site, document recorded easements, and return with more detailed plans at the next review.

The board concluded the sketch session by directing the applicant to: show a 60-foot ROW on the next plat; confirm and map all recorded easements; analyze a conservation-lot option or a cleaner bifurcation to reduce the "keyhole" lot shape; and prepare to justify the chosen approach at the next hearing. The applicant said they had clear direction and will return for subsequent review.