City Council With Mayor Presiding
Regular MeetingBurlington, VT · July 13, 2026
Agenda
City Council With Mayor Presiding
Monday, July 13, 2026, 7:00 PM, Contois Auditorium, 149 Church Street, 2nd Floor
Join from PC, Mac, iPad, or Android:
https://zoom.us/j/98829287146
Phone one-tap:
+13092053325, 98829287146# US
Join via audio:
+1 309 205 3325 US
Webinar ID: 988 2928 7146
International numbers available: https://zoom.us/u/asNwFEJ0z
**CCTV link: https://www.youtube.com/playlist?list=PLljLFn4BZd2PwCge7lNoKug676jIf_iUA **
1. Agenda
Subject 1.1. Motion to adopt agenda
Meeting July 13, 2026 - City Council With Mayor Presiding Meeting - Monday, July 13, 2026,
7:00 PM, Contois Auditorium, 149 Church Street, 2nd Floor
Category 1. Agenda
Department Mayor's Office
Type Action
Procedural
Recommended Action Motion to adopt agenda
2. Deliberative Agenda
Subject 2.1. Reconnecting Bank & Cherry (Cherry Street) — CDS CD23(1) — Decisions
on Condemnation Proceedings
Meeting July 13, 2026 - City Council With Mayor Presiding Meeting - Monday, July 13, 2026,
7:00 PM, Contois Auditorium, 149 Church Street, 2nd Floor
Category 2. Deliberative Agenda
Department Public Works Department
Type Action
Recommended Action 1. To approve and authorize the Mayor of Burlington to execute the following Decisions
on behalf of the City Council with Mayor Presiding for the Condemnation of land for the
Cherry Street Project CDS CD23(1) and the corresponding easements and other
documents necessary to effectuate the Decisions and easements after review and
approval of the City Attorney’s Office:
a. Decision and Order of the City Council with Mayor Presiding, City of Burlington,
Vermont. For the Alteration of a Roadway known as the Cherry Street Project CDS
CD23(1), and for Condemnation of a Portion Thereof, and
b. Decision and Order of the City Council with Mayor Presiding, City of Burlington,
Vermont. Determination of Compensation for the Taking of Land for the Alteration of a
Roadway known as the Cherry Street Project CDS CD23(1)
3. Adjournment
Subject 3.1. Motion to adjourn
Meeting July 13, 2026 - City Council With Mayor Presiding Meeting - Monday, July 13, 2026,
7:00 PM, Contois Auditorium, 149 Church Street, 2nd Floor
Category 3. Adjournment
Department Council and Board
Type Action
Procedural
Recommended Action Motion to adjourn
Packet
City Council With Mayor Presiding
Monday, July 13, 2026, 7:00 PM, Contois Auditorium, 149 Church Street, 2nd Floor
Join from PC, Mac, iPad, or Android:
https://zoom.us/j/98829287146
Phone one-tap:
+13092053325, 98829287146# US
Join via audio:
+1 309 205 3325 US
Webinar ID: 988 2928 7146
International numbers available: https://zoom.us/u/asNwFEJ0z
**CCTV link: https://www.youtube.com/playlist?list=PLljLFn4BZd2PwCge7lNoKug676jIf_iUA **
1. Agenda
Subject 1.1. Motion to adopt agenda
Meeting July 13, 2026 - City Council With Mayor Presiding Meeting - Monday, July 13, 2026,
7:00 PM, Contois Auditorium, 149 Church Street, 2nd Floor
Category 1. Agenda
Department Mayor's Office
Type Action
Procedural
Recommended Action Motion to adopt agenda
2. Deliberative Agenda
Subject 2.1. Reconnecting Bank & Cherry (Cherry Street) — CDS CD23(1) — Decisions
on Condemnation Proceedings
Meeting July 13, 2026 - City Council With Mayor Presiding Meeting - Monday, July 13, 2026,
7:00 PM, Contois Auditorium, 149 Church Street, 2nd Floor
Page 1 of 16
Category 2. Deliberative Agenda
Department Public Works Department
Type Action
Recommended Action 1. To approve and authorize the Mayor of Burlington to execute the following Decisions
on behalf of the City Council with Mayor Presiding for the Condemnation of land for the
Cherry Street Project CDS CD23(1) and the corresponding easements and other
documents necessary to effectuate the Decisions and easements after review and
approval of the City Attorney’s Office:
a. Decision and Order of the City Council with Mayor Presiding, City of Burlington,
Vermont. For the Alteration of a Roadway known as the Cherry Street Project CDS
CD23(1), and for Condemnation of a Portion Thereof, and
b. Decision and Order of the City Council with Mayor Presiding, City of Burlington,
Vermont. Determination of Compensation for the Taking of Land for the Alteration of a
Roadway known as the Cherry Street Project CDS CD23(1)
3. Adjournment
Subject 3.1. Motion to adjourn
Meeting July 13, 2026 - City Council With Mayor Presiding Meeting - Monday, July 13, 2026,
7:00 PM, Contois Auditorium, 149 Church Street, 2nd Floor
Category 3. Adjournment
Department Council and Board
Type Action
Procedural
Recommended Action Motion to adjourn
Page 2 of 16
City of Burlington
Department of Public Works
Technical Services Engineering Division
645 Pine Street, Suite A
Burlington, VT 05402
P 802-863-9094 / F 802-863-0466 / TTY 802-863-0450
www.burlingtonvt.gov/DPW
MEMORANDUM
Date: July 13, 2026
To: City Council with Mayor Presiding
From: Julia Ursaki P.E., Public Works Engineer
Laura Wheelock P.E., City Engineer
Corey Mims P.E., Senior Public Works Engineer
CC: Chapin Spencer, Director Public Works
Subject: Reconnecting Bank & Cherry (Cherry Street) – CDS CD23(1) – Decisions on
Condemnation Proceedings
REQUEST:
We respectfully request the City Council with Mayor Presiding allow the Mayor of Burlington
to execute the two Decisions on the Condemnation proceedings on behalf of the entire body
of representatives of the City Council with Mayor Presiding.
BACKGROUND:
On June 22, 2026 at 5:00 p.m. the City Council with Mayor Presiding (CC w/MP) held a site
inspection, which was followed on June 22, 2026 at 6:00 p.m. by hearings on whether the public
good, necessity, and convenience of the inhabitants of the city require the Project; and
compensation for said takings. Materials from this meeting can be viewed here:
https://burlingtonvt.portal.civicclerk.com/event/10048/files/attachment/16591
The CC w/MP closed the Necessity Hearing, supporting the acquisition, via condemnation of the
easements of certain property interests in support of the Project, and voted to direct staff to
prepare written findings of the Decision on June 22, 2026.
The CC w/MP opened the Compensation Hearing for the project that was subsequently
continued until June 29, 2026 where the CC w/MP moved to close the Compensation Hearing
and directed staff to prepare written findings of the Decision.
These Decisions have been attached here for the consideration of the CC w/MP.
MOTIONS:
Page 3 of 16
City Council with Mayor Presiding
1. To approve and authorize the Mayor of Burlington to execute the following Decisions on
behalf of the City Council with Mayor Presiding for the Condemnation of land for the
Cherry Street Project CDS CD23(1) and the corresponding easements and other
documents necessary to effectuate the Decisions and easements after review and
approval of the City Attorney’s Office:
a. Decision and Order of the City Council with Mayor Presiding, City of Burlington,
Vermont. For the Alteration of a Roadway known as the Cherry Street Project CDS
CD23(1), and for Condemnation of a Portion Thereof, and
b. Decision and Order of the City Council with Mayor Presiding, City of Burlington,
Vermont. Determination of Compensation for the Taking of Land for the
Alteration of a Roadway known as the Cherry Street Project CDS CD23(1)
ATTACHMENTS:
1. Decision on Necessity, 7/7/2026
2. Decision on Compensation, 7/7/2026
Page 4 of 16
Decision and Order of the City Council with Mayor Presiding
City of Burlington, Vermont
For the Alteration and Reconstruction of Cherry Street for a Project known
as the Great Streets – Reconnecting Bank & Cherry Streets Project CDS
CD23(1), and for Condemnation of a Portion Thereof
The City Council with Mayor presiding (“Council”) of the City of Burlington,
Vermont (“City”), by its own motion made and passed at a duly warned meeting of the
board on May 11, 2026, initiated proceedings pursuant to Chapter 7 of Title 19 of the
Vermont Statutes to alter the roadways and to begin condemnation proceedings for the
alteration and reconstruction of Cherry Street for a project known as the Great Streets –
Reconnecting Bank & Cherry Streets Project CDS CD23(1) (“Project”).
Notice of the condemnation site visit and hearing was given in accordance with 19
V.S.A. § 709 and the City Charter, with written notice being given in the following
manner to the following individuals and entities:
By certified mail to the individuals and entities on the list attached as Exhibit A;
notice to the Planning Commission; and by posting in the City Clerk’s office, the Public
Works Department, and the Fletcher Free Library, and by publishing in a local
newspaper of general circulation, the Seven Days, on May 27, 2026.
At 5:00 p.m. on June 22, 2026 the Council held a site inspection, which was
followed on June 22, 2026 at 6:00 p.m. by a hearing on whether the public good,
necessity, and convenience of the inhabitants of the City require the Project. The Board
also took up the question of whether portions of the property owned by the Cathedral of
Immaculate Conception Parish Charitable Trust located at 20 Pine Street (PO7) would
need to be condemned for the Project. At the hearing, testimony of the Project team and
interested persons and evidence was taken, with all attendants being given the
opportunity to question the witnesses by cross examination.
During the site inspection, the Council visited the location where the Project
would take place as well as the particular property being considered for condemnation.
City staff marked off the existing right of way and indicated the areas being considered
for condemnation. The hearing followed, in which the following individuals testified:
Israel Maynard of Stantec; Matthew Colburn, Right of Way Agent at VTrans; Corey
Mims, Burlington Public Works Engineer; Attorney John Franco representing PO7,
Cathedral of Immaculate Conception Parish Charitable Trust. All parties present were
afforded the opportunity for cross examination of any witnesses testifying and all
persons in attendance were afforded the opportunity to present evidence. The
proceedings were videotaped.
During the hearing, the following exhibits were introduced:
1. Set of Right of Way Plans dated May 1, 2026 prepared by Stantec Consulting
Services, Inc.
2. Notice of Hearing
Page 5 of 16
3. Certified Mail Receipts and Acceptances of Service
4. Publication Tear Sheet
5. Grant Agreement between the State of Vermont and the City of Burlington
6. Great Street Standards
7. Previous City Council Project Approvals
8. Waiver Valuation for PO7
9. Offer Letter for PO7
10. Slide Presentation by Israel Maynard of Stantec Consulting Services, Inc.
11. Warranty Deeds for PO7
12. Photos of the property being considered for condemnation
13. Written testimony of Julia Ursaki, City of Burlington Public Works Engineer,
regarding hearing notice
14. Written testimony of Julia Ursaki, City of Burlington Public Works Engineer,
regarding compensation
15. Communication from City Assessment Specialist Kenneth Nosek regarding
property value impacts
16. Updated PO7 waiver valuation dated June 23, 2026 reflecting current CLA
17. June 19, 2026 letter from Attorney John Franco
No party raised any objection to the admission of any exhibits, and therefore,
every exhibit listed above was admitted into evidence. Based on the evidence,
testimony, and exhibits presented at the hearing, the Council makes the following
findings of fact:
1. The Project is intended to improve safety, mobility, and functionality for all users
by making the area more walkable, bikeable, and usable and managing traffic
congestion by restoring the grid street network.
2. In 2016, Burlington voters approved Tax Increment Financing (TIF) funding a
project for improvements to Bank & Cherry Streets and purchase the
reconstructed Pine and Saint Paul Street blocks.
3. From 2016 to 2018, the City developed design plans to reconstruct Bank and
Cherry Streets based on Great Streets Standards and planBTV Walk Bike, and in
2018 the City Council approved the concept.
4. In 2023, the City was awarded grant funding for the entire Project area and
added the east blocks of Bank and Cherry Streets into the project as well as a
workforce development program with a $12M Senator Leahy Congressionally
Directed Spending for Cherry Street and $22M United States Department of
Transportation RAISE grant for the entire project area.
5. The Project has a September 30, 2026 federal construction funding deadline,
which requires all property rights be secured by that date.
6. Pursuant to the City’s Cooperative Agreement with the State of Vermont Agency
of Transportation, the Cherry Street portion of the project includes utility
relocation, stormwater improvements, paving, complete street improvements
including sidewalk construction, furnishings, public art and streetscape upgrades
to Burlington’s Great Streets Standards.
7. To proceed with the Project, the City requires easements over PO7, including
temporary construction easements for placement of PDF fence and tree
Page 6 of 16
protection fence and removal of push button; temporary installation easements
for existing walkway connections to the new sidewalk; and permanent
installation and maintenance easements for connection of the catch basin to the
storm system.
8. The catch basin drainage connection would allow this particular catch basin to be
disconnected from the sewer system and instead be connected to the storm drain.
9. The permanent catch basin is already subject to an easement in favor of CCTA
(now Green Mountain Transit).
10. Moving forward, the City would be responsible for maintenance of the pipe and
catch basin within the permanent easement.
11. The temporary easement for removal of an existing pedestrian push button will
allow the City to move the pedestrian push button from where it now exists on
the right of way line to a location fully inside the City’s right of way.
12. The temporary easement to set the project demarcation fence would allow
installation of a fence that limits how far the City’s contractor can move onto the
PO7 property.
13. The temporary easement for the tree protection fence would ensure the City’s
contractors do not encroach on existing trees and give the trees the best chance
for survival.
14. The existing sidewalk on Cherry Street along PO7 ends at the City’s right of way
limit.
15. The temporary easements are necessary because the City will be reconstructing
the sidewalk along the right of way line, and the work requires excavation and
concrete form work that will require the contractor to be slightly over the right of
way line to ensure the work is completed to the highest standard.
16. The easements over PO7 will have no or minimal impact on the grand list.
17. Attorney John Franco, representing the owner of PO7, testified that he believes
this project is an urban renewal project because it is reconstituting streets that
were discontinued as part of an urban renewal project. Therefore, he asserted
that the City was required, before moving to condemnation, to hold a vote where
two-thirds of the voters approved the taking of religious property by
condemnation pursuant to 23 V.S.A. § 3210(b).
18. The City condemned the property pursuant to Chapter 7 of Title 19 as a Town
highway alteration project. The City did not proceed under Chapter 85 of Title
24, which details the requirements of condemnation for urban renewal project
purposes.
19. The portion of the Project that impacts PO7, the Cherry Street sidewalk, is an
effort to upgrade Cherry Street to Burlington’s Great Streets Standards.
20.The City notified persons owning or interested in the lands through which the
Project will pass or abut by certified mail of when the Council would inspect the
site and receive testimony.
21. The City notified the Planning Commission of the site visit and hearings.
22. The City posted notice of the hearing in three public places within the City
pursuant to 19 V.S.A. § 709.
23. A notice of the hearing was published in a newspaper of general circulation, the
Seven Days, not less than ten days before the hearing.
Page 7 of 16
24. Proposed deeds or agreements of temporary rights were provided to the owners
of PO7 for the proposed portion of the properties to be acquired for the Project.
25. The easements are limited to what is necessary for the Project.
26. The scenic and recreational values of the highway will be improved by making the
area more walkable and bikeable and with streetscape upgrades to Burlington’s
Great Streets Standards.
Based on the evidence presented and testimony heard at the hearing, and pursuant to 19
V.S.A. § 710, the Council determines the following:
1. The public good, necessity and convenience of the inhabitants of the City of
Burlington require the reconstruction and alteration of Cherry Street, as
described and depicted on the survey/plans, for the Project known as Great
Streets – Reconnecting Bank & Cherry Streets Project CDS CD23(1).
2. The public good, necessity and convenience of the inhabitants of the City of
Burlington require that the easements as described in the Warranty Deed of
Easement and easement descriptions for PO7, owned by Cathedral of Immaculate
Conception Parish Charitable Trust, located at 20 Pine Street, be condemned.
3. The Project is not an urban renewal project as described in Chapter 85 of Title 24,
and although portions of the entire project area may have been impacted by a
previous urban renewal project, the City would have no authority under Chapter
85 of Title 24 to condemn property for the partial purpose of undoing work
completed during a previous urban renewal project.
4. The Cherry Street sidewalk improvements that necessitate condemnation of PO7
property, owned by Cathedral of Immaculate Conception Parish Charitable Trust
and located at 20 Pine Street, is intended to upgrade the street to Burlington’s
Great Streets Standards, and is not dismantling a previous urban renewal project.
Based on the preceding findings and conclusions of law, the Council orders the
alteration and reconstruction of Cherry Street as part of the project known as Great
Streets – Reconnecting Bank & Cherry Streets Project CDS CD23(1) as described on the
survey/plans entered into evidence and condemnation pursuant to the proposed
Warranty Deed of Easement to the City of Burlington for property owned by Cathedral
of Immaculate Conception Parish Charitable Trust located at 20 Pine Street (PO7).
The landowner affected by this order shall have a period of 60 days from the date
of this order to remove all fences, timber, wood and trees, from the area now covered by
the public right of way, after which the City shall assume control of the land over which
it passes, for purposes of highways.
Any person interested in this decision to alter and reconstruct Cherry Street as
part of the Great Streets – Reconnecting Bank & Cherry Streets Project CDS CD23(1)
Project may appeal this decision to the Chittenden County Superior Court, Civil Division
within 30 days of the decision, in writing. V.R.C.P. 74; 19 V.S.A. § 740.
Page 8 of 16
Dated at the City of Burlington, Vermont this __ day of _________, 2026.
Burlington City Council with Mayor Presiding
_____________________________________
By: Emma Mulvaney-Stanak, Mayor, for herself
and on behalf of the City Council, pursuant to its
__________ approval that she execute on its behalf.
Page 9 of 16
Exhibit A: List of Interested Parties
PO# Owner Name Contact Type Mailing Address City State Zip
PO1 St Paul's Cathedral of the Protestant Episcopal Church of Greta Getlein Dean & Rector 2 Cherry Street Burlington VT 05401
Jim Whitcomb Facilities Manager 412 Farrell Street, Suite 100 South Burlington VT 05403
CSSL Limited Partnership Property Owner 412 Farrell Street, Suite 100 South Burlington VT 05403
Vermont Housing & Finance Agency Lienholder PO Box 408 Burlington VT 05402
PO2 CSSL Limited Partnership
M&T Bank Lienholder PO Box 844 Buffalo NY 14240
Vermont Housing & Conservation Board Lienholder 58 East State Street Montpelier VT 05602
Department of Housing & Urban Development Lienholder 451 7th Street, SW Washington DC 20410
PO4 State of Vermont Buildings and General Services Eric Pembroke Planning & Property 2 Governor Aiken Ave Montpelier VT 05602
Luke Clavelle Property Manager PO Box 4156 Burlington VT 05406
Steve Lipkin Property Manager PO Box 4156 Burlington VT 05406
PO5 Pine Street Apts. LLC Pine Street Apts, LLC Property Owner PO Box 4156 Burlington VT 05406
Langrock Sperry & Wool LP Agent 210 College Street, Suite 400 Burlington VT 05401
Northeast Home Loan, LLC Lienholder PO Box 760 West NH 03466
Meg McGovern Real Estate Agent 65 Main St Suite 202 Burlington VT 05401
PO7 Cathedral Immaculate Conception Parish Charitable Trust
John Franco Attorney 110 Main Street Burlington VT 05401
Brad Pettengill Property Manager 101 Cherry Street, Suite 440 Burlington VT 05401
PO8 Devonwood Housing Associates LLC Sonia Enright Admin 101 Cherry Street, Suite 440 Burlington VT 05401
Devonwood Hotel Associates,LLC Property Owner 3730 N Ocean Drive, 6-B Singer Island FL 33404
PO9 State of Vermont Buildings and General Services Eric Pembroke Planning & Property 2 Governor Aiken Ave Montpelier VT 05602
Marc Sherman Owner 37 Church Street Burlington VT 05401
Mike Donohue Owner 37 Church Street Burlington VT 05401
PO10 Bigger Boat LLC Bigger Boat, LLC Property Owner 37 Church Street Burlington VT 05401
Mark E. Naud Agent/Attorney 128 Lakeside Ave., Suite 303 Burlington VT 05401
Mascoma Bank Lienholder PO Box 4399 White River VT 05001
Jeff Nick Owner 29 Church Street Burlington VT 05401
Nick & Morrissey Development, LLC Property Owner 29 Main Street, 3rd Floor Burlington VT 05401
PO11 Nick & Morrissey Development LLC Matthew T. Daly Agent 110 Main St POB 69 Burlington VT 05401
M&T Bank Lienholder PO Box 844 Buffalo NY 14240
Vermont CVS Pharmacy, LLC Lienholder One CVS Drive Woonsocket RI 02895
Robert Quinn Owner 6266 HAWKSBILL DR Wilmington NC 28409
Quinn Properties, LLC Property Owner 38 North Main Street Unit 111 Waterbury VT 05676
PO12 Quinn Properties LLC
James Quinn Agent 594 BLUSH HILL ROAD Waterbury VT 05676
Union Bank Lienholder PO Box 667 Morrisville VT 05661
Page 10 of 16
Decision and Order of the City Council with Mayor Presiding
City of Burlington, Vermont
Determination of Compensation for the Taking of Land for the Alteration
and Reconstruction of Cherry Street for a Project known as the Great
Streets – Reconnecting Bank & Cherry Streets Project CDS CD23(1)
The City Council with Mayor presiding (“Council”) of the City of Burlington,
Vermont (“City”), by its own motion made and passed at a duly warned meeting of the
board on May 11, 2026, initiated proceedings pursuant to Chapter 7 of Title 19 of the
Vermont Statutes to alter the roadways and to begin condemnation proceedings and to
determine compensation for the alteration and reconstruction of Cherry Street for the
project known as the Great Streets – Reconnecting Bank & Cherry Streets Project CDS
CD23(1) (“Project”).
Notice of the condemnation site visit and hearing was given in accordance with 19
V.S.A. § 709 and the City Charter, with written notice being given in the following
manner to the following individuals and entities:
By certified mail to the individuals and entities on the list attached as Exhibit A;
notice to the Planning Commission; and by posting in the City Clerk’s office, the Public
Works Department, and the Fletcher Free Library, and by publishing in a local
newspaper of general circulation, the Seven Days, on May 27, 2026.
At 5:00 p.m. on June 22, 2026 the Council held a site inspection, which was
followed on June 22, 2026 at 6:00 p.m. by a hearing on whether the public good,
necessity, and convenience of the inhabitants of the City require the Project. The Board
also took up the question of whether portions of the property owned by the Cathedral of
Immaculate Conception Parish Charitable Trust located at 20 Pine Street (PO7) would
need to be condemned for the Project. Following the hearing, the Council determined
that the public good, necessity, and convenience of the inhabitants of the City require
the alteration and reconstruction of Cherry Street as part of the project known as the
Great Streets – Reconnecting Bank & Cherry Streets Project CDS CD23(1).
Immediately following the hearing on necessity on June 22, 2026, the Council
opened a hearing on determination of damages and compensation. At the hearing, the
following individuals testified: Jeff Blanchard, Right of Way Acquisition Chief at
VTrans, Laura Wheelock, City of Burlington Public Works Division Director for
Technical Services, and Attorney John Franco representing PO7, Cathedral of
Immaculate Conception Parish Charitable Trust. All parties present were afforded the
opportunity for cross examination of any witnesses testifying and all persons in
attendance were afforded the opportunity to present evidence. The proceedings were
videotaped. The June 22, 2026 hearing on compensation was continued until June 29,
2026. At the June 29, 2026 continued hearing an updated waiver valuation was
presented to reflect the City’ current Common Level of Appraisal (CLA), but new
testimony was presented.
During the hearing, the following exhibits were introduced:
Page 11 of 16
1. Set of Right of Way Plans dated May 1, 2026 prepared by Stantec Consulting
Services, Inc.
2. Notice of Hearing
3. Certified Mail Receipts and Acceptances of Service
4. Publication Tear Sheet
5. Grant Agreement between the State of Vermont and the City of Burlington
6. Great Streets Standards
7. Previous City Council Project Approvals
8. Waiver Valuation for PO7
9. Offer Letter for PO7
10. Slide Presentation by Israel Maynard of Stantec Consulting Services, Inc.
11. Warranty Deeds for PO7
12. Photos of the property being considered for condemnation
13. Written testimony of Julia Ursaki, City of Burlington Public Works Engineer,
regarding hearing notice
14. Written testimony of Julia Ursaki, City of Burlington Public Works Engineer,
regarding compensation
15. Communication from City Assessment Specialist Kenneth Nosek regarding
property value impacts
16. Updated PO7 waiver valuation dated June 23, 2026 reflecting current CLA
17. June 19, 2026 letter from Attorney John Franco
No party raised any objection to the admission of any exhibits, and therefore, every
exhibit listed above was admitted into evidence. Based on the evidence, testimony, and
exhibits presented at the hearing, the Council makes the following findings of fact:
1. The Council found that the public good, necessity, and convenience of the
inhabitants of the City of Burlington required alteration and reconstruction of
Cherry Street for a project known as the Great Streets – Reconnecting Bank &
Cherry Streets Project CDS CD23(1).
2. The property owner of PO7 is entitled to just compensation for the condemnation
of its property.
3. The City prepared a waiver valuation for PO7.
4. The VTrans Right of Way Acquisition Chief Jeff Blanchard reviewed and
approved the waiver valuation.
5. Mr. Blanchard confirmed the acreage for the parcel, the assessed land value, and
ensured the easements requested match the detail sheet and valuation worksheet.
6. Temporary easements are valued at ten percent of the assessed value of the
square footage of the easement and permanent easements at seventy-five percent
of the assessed value of the square footage of the easement.
7. Waiver valuations, rather than appraisals, are performed for easements where
the taking is not complicated. Waiver valuations can be performed by City Staff
where the easement value is under $15,000. City Staff waiver valuations are then
approved by VTrans.
8. The easements over PO7 including temporary construction easements for
placement of PDF fence and tree protection fence and removal of a push button;
Page 12 of 16
temporary installation easements for existing walkway connections to the new
sidewalk; and permanent installation and maintenance easements for connection
of the catch basin to the storm system.
9. The value of the permanent and temporary easements over PO7 were initially
determined by the City and approved by VTrans as $6,380.00. This amount
included $2,342.44 for an 84 square foot permanent easement and $4,004.46 for
1,007 square feet of temporary easements.
10. The initial waiver valuation was determined using the 2025 CLA as that was the
CLA when the calculations were performed.
11. Attorney Franco requested that the current CLA be used to update the
calculations for the waiver valuation.
12. City staff agreed to amend the waiver valuation to reflect the City’s current CLA.
13. The value of the permanent and temporary easements over PO7 using the City’s
current CLA in the calculations comes to $6,850.00. This amount includes
$2,511.71 for an 84 square foot permanent easement and $4,293.84 for 1,007
square feet of temporary easements.
14. The taking does not impact the highest and best or reasonable use of PO7.
15. Offers and proposed deeds or grants of temporary rights were provided to all
impacted property owners.
16. The City notified persons owning or interested in the lands through which the
Project will pass or abut by certified mail of when the City Council would inspect
the site and receive testimony as to compensation.
17. The City notified the Planning Commission of the site visit and hearings.
18. The City posted notice of the hearing in three public places in the City pursuant to
19 V.S.A. § 709.
19. A notice of the hearing was published in a newspaper of general circulation not
less than ten days before the hearing.
Based on the evidence presented and testimony heard at the hearing, and pursuant to 19
V.S.A. § 712, the Council determines the following:
1. Cathedral of Immaculate Conception Parish Charitable Trust, owner of property
located at located at 20 Pine Street (PO7), shall be compensated in the amount of
Six Thousand, Eight Hundred and Fifty Dollars ($6,850.00) for the property
interests that have been condemned by the Council.
Based on the preceding findings and conclusions of law, the Council orders payment
to Cathedral of Immaculate Conception Parish Charitable Trust, owner of property
located at located at 20 Pine Street (PO7), in the amount of Twenty Thousand, Six
Hundred Dollars ($6,850.00) for the property interests that have been condemned by
the Council.
Any person interested in this decision to alter the Great Streets – Reconnecting
Bank & Cherry Streets Project CDS CD23(1) may appeal this decision to the Chittenden
County Superior Court, Civil Division within 30 days of the decision, in writing.
V.R.C.P. 74; 19 V.S.A. § 740.
Page 13 of 16
Dated at the City of Burlington, Vermont this __ day of _________, 2026.
Burlington City Council with Mayor Presiding
_____________________________________
By: Emma Mulvaney-Stanak, Mayor, for herself
and on behalf of the City Council, pursuant to its
__________ approval that she execute on its behalf.
Page 14 of 16
Exhibit A: List of Interested Parties
PO# Owner Name Contact Type Mailing Address City State Zip
PO1 St Paul's Cathedral of the Protestant Episcopal Church of Greta Getlein Dean & Rector 2 Cherry Street Burlington VT 05401
Jim Whitcomb Facilities Manager 412 Farrell Street, Suite 100 South Burlington VT 05403
CSSL Limited Partnership Property Owner 412 Farrell Street, Suite 100 South Burlington VT 05403
Vermont Housing & Finance Agency Lienholder PO Box 408 Burlington VT 05402
PO2 CSSL Limited Partnership
M&T Bank Lienholder PO Box 844 Buffalo NY 14240
Vermont Housing & Conservation Board Lienholder 58 East State Street Montpelier VT 05602
Department of Housing & Urban Development Lienholder 451 7th Street, SW Washington DC 20410
PO4 State of Vermont Buildings and General Services Eric Pembroke Planning & Property 2 Governor Aiken Ave Montpelier VT 05602
Luke Clavelle Property Manager PO Box 4156 Burlington VT 05406
Steve Lipkin Property Manager PO Box 4156 Burlington VT 05406
PO5 Pine Street Apts. LLC Pine Street Apts, LLC Property Owner PO Box 4156 Burlington VT 05406
Langrock Sperry & Wool LP Agent 210 College Street, Suite 400 Burlington VT 05401
Northeast Home Loan, LLC Lienholder PO Box 760 West NH 03466
Meg McGovern Real Estate Agent 65 Main St Suite 202 Burlington VT 05401
PO7 Cathedral Immaculate Conception Parish Charitable Trust
John Franco Attorney 110 Main Street Burlington VT 05401
Brad Pettengill Property Manager 101 Cherry Street, Suite 440 Burlington VT 05401
PO8 Devonwood Housing Associates LLC Sonia Enright Admin 101 Cherry Street, Suite 440 Burlington VT 05401
Devonwood Hotel Associates,LLC Property Owner 3730 N Ocean Drive, 6-B Singer Island FL 33404
PO9 State of Vermont Buildings and General Services Eric Pembroke Planning & Property 2 Governor Aiken Ave Montpelier VT 05602
Marc Sherman Owner 37 Church Street Burlington VT 05401
Mike Donohue Owner 37 Church Street Burlington VT 05401
PO10 Bigger Boat LLC Bigger Boat, LLC Property Owner 37 Church Street Burlington VT 05401
Mark E. Naud Agent/Attorney 128 Lakeside Ave., Suite 303 Burlington VT 05401
Mascoma Bank Lienholder PO Box 4399 White River VT 05001
Jeff Nick Owner 29 Church Street Burlington VT 05401
Nick & Morrissey Development, LLC Property Owner 29 Main Street, 3rd Floor Burlington VT 05401
PO11 Nick & Morrissey Development LLC Matthew T. Daly Agent 110 Main St POB 69 Burlington VT 05401
M&T Bank Lienholder PO Box 844 Buffalo NY 14240
Vermont CVS Pharmacy, LLC Lienholder One CVS Drive Woonsocket RI 02895
Robert Quinn Owner 6266 HAWKSBILL DR Wilmington NC 28409
Quinn Properties, LLC Property Owner 38 North Main Street Unit 111 Waterbury VT 05676
PO12 Quinn Properties LLC
James Quinn Agent 594 BLUSH HILL ROAD Waterbury VT 05676
Union Bank Lienholder PO Box 667 Morrisville VT 05661
Page 15 of 16
Board of Finance and City Council Submission Checklist
Version: April 2025
Department: DPW Technical Services Submitter: Julia Ursaki/Laura Wheelock
Reconnecting Bank & Cherry (Cherry Street) – CDS CD23(1)
Title/Subject: Finalize Decisions on Condemnation
Approval Requested: Meeting Date:
☐ Board of Finance Click or tap to enter a date.
☒ City Council 7/13/2026
☐ Both BOF and Council Click or tap to enter a date.
Instructions
1. This form must be completed by the person submitting the materials.
2. This form must be sent with the final submission of materials in advance of the meeting.
3. Do not indicate that a sign-off was received until it has actually been obtained.
4. Commission reports and presentations do not need to be reviewed by the CAO or Attorneys.
5. Name the reviewing Attorney or HR Manager in the Note column.
Signoff Needed Received? Approval Date Note
Department Head Yes 7/6/2026 C. Spencer
Mayor’s Office Yes 7/8/2026 L. Gerlach
Board/Commission N/A Click or tap to Click or tap here to enter text.
enter a date.
City Attorney’s Office for memo and Yes 7/7/2026 K. Shamis (Monaghan Safar
contracts or legal documents outside council)
City Attorney’s Office for memo and Yes 7/8/2026 K. Sturtevant
motion(s) or resolution(s)
CAO for budget, financing, and memo Yes 7/7/2026 K. Schad
Human Resources, if personnel action N/A Click or tap to Click or tap here to enter text.
or policy enter a date.
CIO, if IT-related N/A Click or tap to Click or tap here to enter text.
enter a date.
Page 16 of 16
Get email alerts for Burlington
A daily email when new agendas and minutes are posted.