By Secretary Lindsay Kurrle
Too often in Vermont, popular and necessary housing construction is derailed, delayed, or diminished by a small number of folks abusing the appeals process who have no direct skin in the game and are reluctant to welcome new neighbors. While appeals are valuable in certain cases, they also drive-up costs, affecting every homebuyer, renter, and builder in Vermont. When the project involves public money, appeals also drive-up costs for taxpayers.
The Alice Holway Drive Project in Putney is an example of all those things. Windham & Windsor Housing Trust and Evernorth are working to build 25-units of mixed income apartments there. Funders include the Vermont Housing and Conservation Board, the Vermont Housing Finance Agency, and the Vermont Dept. of Economic Development’s Community Recovery and Revitalization Program, all of which fund projects with taxpayer dollars.
The housing project is within walking distance of the Putney Community Garden and Putney Farmers’ Market. It’s in a Designated Village Center. It will offer residents access to public transportation and nearby amenities and services. And, according to Windham & Windsor Housing Trust, “deed restrictions are put in place to ensure that the mission of affordability remains permanently”.
The Alice Holway Drive project has been in the works since March 2022 and is expected to finally break ground this spring after delays largely attributable to four appeals filed by two Putney residents. The Vermont Supreme Court rejected their fourth and final appeal in November 2024 clearing the way for construction.
Elizabeth Bridgewater of Windham & Windsor Housing Trust tells the Vermont Agency of Commerce and Community Development, while there have been substantial design changes to simplify construction and save money, legal fees and increased construction costs during the three year delay raised the hard construction budget by over $2 million. That’s about $80,000 more per apartment today than it would have cost had the project not sat idle for three years due to appeals.
Other changes during that time also increased costs; most notably, construction loan interest rates have more than doubled. Once again, an increase that could have been avoided had this project broken ground in 2022 instead of 2025. Today the overall price tag for this 25-unit mixed income housing development now sits at $15.4 million.
It is completely unacceptable to allow two people to deny dozens of others housing while simultaneously reducing the impact of investments made by all Vermont taxpayers.
This is not just a Putney problem. The outdated appeals process championed by some is worsening the housing crisis by denying Vermonters homes in the throes of a crisis, eroding the impact of taxpayer dollars designated by lawmakers to build affordable housing, and discouraging private investment without which Vermont cannot achieve its housing goals.
Consider the numbers: According to the Statewide and Regional Housing Target Report, the Windham Region (which includes Putney) needs 2,500 to 3,700 additional homes by 2030. Fighting for three years to block 25 units is no way to get there.
It’s undeniable that Vermont needs more housing options. We need them for young people just getting their start, families with school-aged children, older people looking to downsize, individuals and families experiencing homelessness, workers who drive our economy, and people who want to move here and share the Vermont experience with us.
Lawmakers are understandably focused on education finance reform, but that can’t be at the expense of housing. Inaction will waste even more taxpayer dollars and prolong our housing crisis instead of solving it. Half measures or minor tweaks will be insufficient. Meaningful reform of the appeals system is needed immediately.
Governor Scott’s PATH for Vermont housing proposal outlines several strategies that would create more housing. Here is what we are proposing when it comes to appeals reform:
Reduce frivolous appeals by requiring appellant to show how their property is affected by the alleged violation of land use regulation or comprehensive plan.
Raise the threshold for petition appeals from any 20 people to 20% of the municipality.
Require Superior Court to hear residential housing appeals within 60 days.
If court rejects appeal, appellant may be liable for up to $50,000 of developer’s legal fees.
I urge you to contact your legislators today. If we can make meaningful appeals reform we can add to Vermont’s housing stock more quickly, make affordable housing even more affordable, and give taxpayers a better return on their housing investments.
