HomeMy WebLinkAboutSP-03-15 - Decision - 0049 Commerce AvenueC�
#SP-03-15
FINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of fact, site plan application #SP-03-15 of Ken Smith to
amend a previously approved plan for a 35,000 sq. ft. building for a
multiple number of tenants and a multiple number of commercial and
industrial uses. The amendment consists of eliminating proposed
outside storage from within a wetland buffer area, 49 Commerce
Avenue.
On the 15' day of July 2003, the South Burlington Development
Review Board approved the request of Ken Smith for site plan approval
under Section 14.04 (F) of the South Burlington Land Development
Regulations, based on the following findings:
1. This project consists of amending a previously approved site plan
for a 35,000 sq. ft. building for a multiple number of tenants
and a multiple number of commercial and industrial uses. The
amendment consists of eliminating proposed outside storage
from within a wetland buffer area. The approval for the outside
storage was granted on 11/6/01.
2. The owner of record is James Barron.
3. This property located at 49 Commerce Avenue lies within the
Mixed Industrial and Commercial District. The property is
bound to the north by Commerce Avenue, on the east and west
by light commercial industry, and the south by undeveloped land
and wetlands.
4. The only issues affecting this application are coverage and
landscaping/screening.
5. Coverage: Overall coverage is being reduced from 68.7% to 67%
(maximum allowed is 70%).
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6. Landscaping/screening: The previously approved proposal
included $4860 in additional plantings along the rear of the
outside storage area on top of a proposed berm. The plantings
and the berm are no longer proposed.
The previously approved plan included a fence with an evergreen
buffer to screen the new outside storage area. This fence and
screen do not appear on the plan, which are no longer needed
given that this area will be used for vehicle parking, summer
storage of snowplows and sander bodies and winter storage of
lawn care equipment trailers. Two (2) areas would be used for
bark mulch storage and an area has been designated for a
screened dumpster area.
DECISION Er CONDITIONS
Based on the above Findings of Fact, the South Burlington
Development Review Board approves site plan application #SP-03-15 of
Ken Smith to amend a previously approved plan for a 35,000 sq. ft.
building for a multiple number of tenants and a multiple number of
commercial and industrial uses. The amendment consists of
eliminating proposed outside storage from within a wetland buffer
area, 49 Commerce Avenue, as depicted on a plan entitled, "K.P. Smith
Lots 25-26 Commerce Avenue, South Burlington, VT", prepared by
Lamoureux £r Dickinson Consulting Engineers, Inc., dated 3f28/03, last
revised on 7/2/03, with the following stipulations:
1. All previous approvals and stipulations, which are not superseded
by this approval, shall remain in effect.
2. The applicant shall obtain a zoning permit within six (6) months
pursuant to Section 17.02 of the Land Development Regulations
or this approval is null and void.
3. The applicant shall obtain a Certificate of Occupancy/Compliance
from the Administrative Officer prior to the use of the outside
storage area.
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4. Any change to the site plan shall require approval by the South
Burlington Development Review Board.
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Comer Jerk Date
South Burlington Development Review Board
Please note: You have the right to appeal this decision to the Vermont
Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in
writing, within 30 days of the date this decision is issued. The fee is
$150.00. If you fail to appeal this decision, your right to challenge
this decision at some future time may be lost because you waited too
long. You will be bound by the decision, pursuant to 24 VSA 4472 (d)
(exclusivity of remedy; finality).