Mayor Miro Weinberger Announces Settlement with Vermont Railway Resolving Act 250 Decision Appeal


September 10, 2013
Contact:  Mike Kanarick

Mayor Miro Weinberger Announces Settlement with Vermont Railway Resolving Act 250 Decision Appeal
City One Step Closer to Building Champlain Parkway

Burlington, VT – Mayor Miro Weinberger today announced a settlement of an appeal that Vermont Railway, Inc. (VTR) had filed in Environmental Court, challenging the Act 250 approval of the Champlain Parkway – a joint project of the City of Burlington and the Vermont Agency of Transportation (VTrans).  This settlement moves the City one step closer to securing a final Act 250 permit and building the Champlain Parkway.  The City will continue its focus on resolving the remaining appeals lodged by three other parties concerning the project’s Act 250 approval. 

“This settlement represents real progress toward building the long-delayed Champlain Parkway,” said Weinberger.  “I would like to thank Vermont Railway President Dave Wulfson for his willingness to meet and work personally with me and our City team to craft an amicable resolution to this complex issue that works both for the City and Vermont Railway, a key long-term partner in Burlington’s transportation infrastructure.”

Last night the City Council unanimously approved the terms of the negotiated settlement, and today the City filed the settlement agreement with the Superior Court Environmental Division.  The terms of the settlement state the following:

  • VTR’s appeal will be dismissed by the Court;
  • After the Champlain Parkway is built, if a culvert allowing Englesby Brook to cross under the railroad lines is damaged or fails, the culvert will be repaired or replaced by VTrans; and
  • A railroad diagnostic will be performed for the at-grade railroad crossings in the City of Burlington, generally west of the proposed Champlain Parkway, at Home Avenue, Flynn Avenue, Maple Street, and King Street.  

The settlement resolves all of the eighteen issues raised by Vermont Railway in its appeal of the positive Act 250 decision that generally approved the Champlain Parkway in 2011.

*Please see attached Stipulation and Joint Motion for Order Memorializing Terms of Agreement to Settle and Dismiss Action.


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