This story by Patrick Bilow was first published in the Shelburne News on Dec. 19
A new pre-development agreement between O’Brien Brothers and Shelburne is ready for public review.
The project, touted as potentially the largest in Shelburne’s history, has stirred controversy over the last year as the developer, town and residents grapple with interpretations of the HOME Act, a state law passed in 2023 to spur higher-density housing development.
O’Brien Brothers has owned the 175-acre plot in Shelburne, where they want to build hundreds of housing units, for decades. Although the plot is currently zoned as rural, limiting development to one dwelling per five acres, the company wants to take advantage of the HOME Act to build more homes.
Under the law, areas served by municipal sewer and water can build at higher densities. The northern part of O’Brien’s property is technically outside of Shelburne’s municipal service district, but the company argues its proximity to municipal infrastructure should justify a boundary expansion. There is an 8-inch town sewer line and manhole on the property and a water main connection less than 50 feet away.
Earlier this summer, O’Brien Brothers filed an official petition with the town to expand the district and allow the company to build more units, sparking months of selectboard discussions, thousands of dollars spent in legal review and plenty of public input from disapproving neighbors.
The main point of debate is whether the selectboard has the legal authority to amend the district’s boundaries.
After weeks of legal review with Shelburne’s lawyer, which found that the selectboard has the authority, the town hired the law firm McNeil, Leddy and Sheahan in October to deliver a second opinion.
The firm wrapped up its work earlier this week and confirmed the selectboard’s authority to amend the service district. The firm presented its findings to the selectboard during a regular meeting Tuesday.
The new pre-development agreement, also presented Tuesday night, expresses the selectboard’s desire to amend the district, although an official decision on the matter — and the town’s signature on the agreement — won’t happen until January, after the opportunity for more public input, according to town manager Matt Lawless.
The document etches in stone certain agreements between the town and O’Brien, should the project ever break ground, and does not undermine the normal review process with Shelburne’s development review board.
The new version of the agreement asks more of O’Brien Brothers than its predecessor, including more affordable housing, public access to parks and paths on the property and reimbursement of town legal fees related to the project.
After hearing feedback from many Shelburne residents on an earlier version of the agreement, Lawless said he is confident that the new agreement addresses their concerns.
The new agreement boosts the number of inclusionary housing units from 41 to 45, or 12% of the 375 potential dwellings, and expands the current 80-120% area-median income for homes to 80-150% to address the “missing middle” of housing development.
O’Brien would also incorporate more sustainability measures, including blower door tests once homes are built, car share parking and public electric vehicle charging stations.
The community would also have greater access to any public parks, paths or trails that O’Brien builds on the property and the company would contribute $40,000 toward a Fall Road Village Area pedestrian infrastructure study.
One of the biggest differences between the agreements is a new clause requiring O’Brien to reimburse the town for legal fees related to the project, including future costs. So far, the town has amassed $35,000 in fees and is expected to spend another $50,000 during the development review board process.
Lawless said the new pre-development agreement is available for public review on the town’s website and there will be opportunities for public input during selectboard meetings after the new year.
O’Brien Brothers did not respond to a request for an interview before the Shelburne News’ press deadline.
Read the story on VTDigger here: Shelburne, O’Brien reach tentative agreement on housing development.