Town gives go-ahead for Staples development

Author: Andrea Glaessner

After months of terse debate about "big box" retailers and the Town Plan, the Middlebury Development Review Board (DRB) gave final, conditional approval of the proposal to build a Staples office supply store in the Centre/Hannaford Plaza shopping center. The decision gives the applicant, Middlebury Associates LLC, the green light to proceed with the proposed development, but not without a fair share of strings attached. In a lengthy, 24-page report, the final decision outlines specific conditions with which the applicant must comply before proceeding with construction of the 14,834 sq. foot store.

"We're saying conceptually that Staples can happen where it was proposed," Fred Dunnington, Middlebury Town Planner confirmed in a phone interview on Monday, "But other parts of their proposal along Route 7 need to be green and will require several improvements."

It is the "but" part of the DRB's approval that has Chris Hunt, owner of Middlebury Associates LLC, concerned about the economic feasibility of the project in light of the DRB's stipulations.

"My initial reaction is that [the DRB] seemed to have really upped the ante on the improvements that we want," said Hunt, "It's not that we didn't expect something like this, but it's difficult to see if it's feasible from a business standpoint."

Perhaps the biggest obstacle for Hunt is the limitation the DRB placed on the future use of the former Middlebury Car Wash property at the southern end of The Centre. The site, recently acquired by Middlebury Associates LLC, was planned to accommodate a Starbucks before the coffee chain withdrew its plans earlier this year due to a company-wide reorganization. Although Hunt had no specific plans for the development of the site, he had envisioned it being used for a small-scale business in the future. These plans will not come to fruition under the DRB's admonition that "replacement of the car wash with future development or a commercial strip, or opening up of the view of the Plaza parking lot and the proposed Staples - from Rt. 7/Court Street would not be in conformance with the Town Plan…"

Arguing that the Centre currently has "inadequate green space and that the proposed Staples store will further reduce the amount of green space," the DRB requires that "the former car wash site asphalt must be reduced to accommodate only an egress drive for one-way exiting southbound traffic while the remainder of the car wash shall be restored to green space with grass, shrubs and tree plantings."

The limitations on the use of the site hinder Hunt's plans to profit from a development there. According to Hunt, "the improvements that they have upgraded on their own are adding extra costs to the project. So it's a combo of that plus taking away any opportunity to recoup from having access to that car wash space."

The required improvements will come at no small cost. Among other things, the decision calls on Middlebury Associates LLC to build landscaped islands to define an interior street running from the former car wash property to the former bowling alley property; to build access connections between The Centre and the neighboring Middlebury Short Stop and former Dollar Market; to construct a series of sidewalks and connectors to increase pedestrian safety an enhance aesthetic appeal within the Plaza and to retime the traffic signal and confirm with proper documentation to ensure excess traffic from Staples does not cause congestion on Rte. 7

Given the extensive conditions to the approval of the development, Middlebury Associates LLC will have to reassess the project and see how the new stipulations affect previous plans. Involved parties have 30 days to appeal the DRB's decision to the Vermont Environmental Court. Hunt may consider appealing aspects of the DRB's conditional approval.

In the meantime, Michele Fay, the leader of a citizens' group protesting the Staples development is also planning their next move.

"I'm not thinking this is the end," said Fay in a phone interview.

Like Hunt, Fay and her group are also considering the option of appealing the DRB decision. Concerned about the Town Plan's provision on "adverse economic impact" on downtown Middlebury, Fay expressed doubts that the revenue generated from Staples would filter back into the community.

"We'd rather see Middlebury be able to sustain itself through smaller local businesses." said Fay, "Once one big box store moves in it sets a precedent for more and eventually you get a big commercial development like Williston or South Burlington."

The diversity of opinion over the Staples project confirms the presence of civil society in Middlebury is still thriving.