PUTNEY-A fourth appeal to the Vermont Supreme Court has proved unsuccessful in stopping the proposed housing project on Alice Holway Drive.
In its Nov. 15 ruling, the court cleared the way for landowner Windham & Windsor Housing Trust (WWHT) to proceed in its plan to build 25 units of mixed-income housing in two buildings on land on Alice Holway Drive next to the Putney Community Garden and the Putney Farmers Market.
The ruling by the state's highest court affirms the Environmental Court's decision earlier this year rejecting a third appeal that claimed the project was subject to an Act 250 review.
It may mark the final step in a lengthy legal process that began in March 2022, when a first appeal was filed after the Putney Development Review Board approved the site plan.
"We are so grateful to the Vermont Supreme Court for its swift ruling, which affirmed that this project is, indeed, exempt from an Act 250 review, opening the door for 25 new homes to be built in Putney," said WWHT Executive Director Elizabeth Bridgewater.
"We also appreciate the many Putney residents and project funders for their unwavering support," she continued. "These failed appeal attempts have delayed this project for too long and we are excited to break ground this spring and welcome new residents in 2026."
Maybe a fifth appeal?
Residents Laura Campbell and Deborah Lazar filed this appeal, as well as the three previous one.
"The only recourse left to us is a petition to the U.S. Supreme Court on the grounds that all Vermont Environmental Court's and Judicial Order as well as Vermont Supreme Court's decisions denied us due process of law in the case, i.e., appeal filed by me in March 2022 and the one filed by Deb Lazar and me in April 2024," Campbell said Monday.
Campbell was not certain the duo will try a fifth appeal, but she did say they are in "very early exploration of a new route" that "may allow further legal review elsewhere than Montpelier."
"Petitioning the U.S. Supreme Court can cost $7,500, and I am advised by appellant counsel Hal Stevens, Esq. that only a few petitions are accepted," Campbell said.
She charged that "Vermont state legislators, along with Vermont Environmental and Supreme Court justices, have bought into [WWHT's director of real estate development] Peter Paggi's master plan ruses" and asserted that the recent ruling - which centered on legislative intent and the definition of the word "contiguous" - "is now a meaningless term."
"In so doing, they have denied appellants due process of law," Campbell said. "How far would a petition to our sitting U.S. Supreme Court get, do you suppose? Would filing such a petition be the best use of $7,500? I have my doubts."
Costs rising
As the project has been navigating appeals, construction prices have increased roughly 30% statewide. Thus, the project has become more expensive.
After the third appeal was denied in February, Bridgewater said that the delay caused by the lengthy appeals process had increased the cost of the project 14%, from $10.3 million to $11.7 million.
"We won't know the full cost until we update our estimates with current pricing," she said this week.
"Once we do that, we'll aim to close on our financing in February and break ground in March," Bridgewater said. "We expect the project to be completed in early summer of 2026."
Bridgewater confirmed the scope of work on the project has not changed since its approval by the Development Review Board.
ReArch Company, Inc. of South Burlington had previously been hired as general contractor. The architect is Vermont Integrated Architecture of Middlebury.
Despite the building cost increase, the proposal has received funding from both state and federal sources, including the Vermont Housing & Conservation Board (VHCB) and Vermont Housing Finance Agency.
WWHT is also working with Evernorth, a statewide nonprofit housing developer. The two organizations co-developed the new townhouses on Neumann Lane and the historic Noyes House.
"With this excellent result, WWHT and Evernorth can finally close on financing and begin construction," said Evernorth Senior Vice President for Real Estate Development Kathy Beyer of the latest ruling.
Developers say the project, in the planning stages since September 2019, "will provide community space for residents and will not impact existing community gardens and the Putney Farmers Market.
"The proposed community meets smart-growth principles by creating more homes in the designated neighborhood development area, is immediately accessible to public transportation, connects with the walkable infrastructure of the town, and preserves the cherished community garden and farmers market while also providing homes at an accessible rent," says a press release.
This News item by Virginia Ray was written for The Commons.