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08/24/2021 04:45 PM

General’s Residence Developer Might Request Modifications to Project


The General’s Residence, a project that sparked controversy just over a year ago as the blighted but historic building was demolished to make space for condominiums, is seeing some changes as its developer petitioned the Planning & Zoning Commission (PZC) for “certain flexibilities” in the original approval last week.

Attorney Tim Herbst, one of the principals behind the project, said he is essentially trying to satisfy buyers who have already purchased units specifically based on landscaping while other units are still being constructed, saying he might come back for more “amendments” to the original approval.

“I do not expect drastic changes...I expect maybe modifications where we move certain things or adjust certain things. But overall we believe the landscaping plan will remain as is.”

Herbst added that “at this point in time,” the only anticipated changes are landscaping related.

Back in the fall of 2020, the proposal to replace an iconic and historic structure in downtown Madison into luxury condos drew swift pushback from many residents. The developer promised to preserve the property and build a replica of the original building, also working with the Madison Historical Society (MHS) to salvage portions of the original house before demolition.

Herbst told the PZC that seven out of nine units are already under contract, with some selling for as much as $1 million. The replica building, which was meant to hold two units, is still under construction, he said.

“We’re very proud of the project,” Herbst said.

Local attorney Keith Ainsworth, who previously represented objectors to the project, told the PZC at a public hearing regarding another, unrelated project that the General’s Residence had become a “cesspool” during construction, and a neighbor who called into the PZC meeting last week said that landscapers had been spraying pesticide without properly noticing it.

Herbst pushed back, though he was careful in his wording, said that the developers have received “no serious or formal complaints that have been levied with the town that have been communicated to us.”

The most sensitive issue appears to be a pine tree on the property, which the original proposal promised to preserve. Herbst said one of the buyers expressed concern that this tree could fall and damage the property, and though he did not explicitly ask to take the tree down, Herbst implied that would be forthcoming.

“I don’t want anyone to be surprised. I don’t want people to find out about it after the fact,” he said.

Herbst also offered a $15,000 bond in advance on any actual requests, which he characterized as an act of good faith on the part of the developers.

PZC Chair Ron Clark made it clear that the pine tree was something that neighbors and community members expected to be preserved, and if there was an official request to remove it the commission would do its “due diligence.”

PZC member Ron Bodinson questioned why the developer would come back for modifications based on relatively common complaints from buyers.

“I live in Windermere, where we have 86 units. If we complied with every homeowner who’s afraid that a healthy tree would fall down, we wouldn’t have any trees,” he said.

PZC member Joe Bunovsky added his own skepticism, and said he would like to see all the details of any proposed changes overlaid with the original approvals.

Clark appreciated Herbst coming to the PZC early, however, saying that there was “no obligation” to provide landscaping until the end of the project as far as the town was concerned.

“I respect the fact that you’re trying to provide a superior level of service and quality to your buyers,” he said.

Other members questioned why the replica had not yet been built, and why MHS had not yet been made aware of a final design. Herbst said construction costs and supply issues caused by the pandemic have made these types of projects more difficult, but he has been in “active communication” with MHS.

Herbst offered to give PZC members tours of the construction site in the meantime, with at least one expressing interest in that opportunity.