In Re Appeal of McGrew

¶ 1. In these consolidated appeals we review the Environmental Court’s conditional approval of a proposed ten-story mixed use building to be constructed on the corner of Pine and College Streets in the City of Burlington. We conclude that the court erred in granting a second application that was not substantially changed from the first, and therefore reverse.

¶ 2. The somewhat lengthy procedural background to this appeal may be summarized as follows. In February 2004, applicant Investors Corporation of Vermont filed a zoning application with the City’s development review board (Board) for a…