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HomeMy WebLinkAboutSD-00-61 - Decision - 0232 Autumn Hill Road#SD-00-61 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CFETTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, final plat application of Jeffrey ski Elizabeth Goldberg to subdivide a 12.92 acre parcel into five (5) lots of 2.17 acres (lot #1), 2.51 acres (lots #2), 1.73 acres (lot #3), 1.92 acres (lot #4), and 4.55 acres (lot #5), 1760 Dorset Street On the 5th of December, 2000, the South Burlington Development Review Board approved the final plat application of Jeffery and Elizabeth Goldberg under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consist of subdividing a 12.92 acre parcel into five (5) lots of 2.17 acres (lot #1), 2.51 acres (lot #2), 1.73 acres (lot #3), 1.92 acres (lot #4), and 4.55 acres (lot #5), 1760 Dorset Street. 2. The owners of record are Jeffery and Elizabeth Goldberg 3. This property located at 1760 Dorset Street lies within the SEQ District. It is bounded on -the north, south and east by residences and on the west by Dorset Street. 4. Access: Access to this property is currently provided by a 60 foot private r.o.w. running east - west along the northerly boundary of this property and serving the original five (5) lot subdivision. The existing r.o.w currently serves four (4) existing homes. The applicant has proposed using the same 36 foot wide curb cut leading to a thirty foot access drive that tapers to a 10 foot drive (24 foot minimum). The applicant is proposing to upgrade approximately 625 feet of this access drive to City Standards for eventual dedication for a public street. This access road is, in part, depicted as a future City street on the City's Official Map. The Board, at their September 19, 2000 meeting pursuant to Section 513.1 of the Subdivision Regulations waived the requirements of Section 401.1(1) the Subdivision Regulations that: 1) concrete curbs be constructed along the proposed City street, 2) a sidewalk be constructed along the proposed City street, and 3) the pavement width be thirty (30) feet and allowed 24 feet. 5. Coverage/Setbacks: The building footprints are depicted on the plans. All meet setback requirements. 6. Lot size/frontage: The minimum lot size requirement of 12,000 square feet and the minimum frontage requirement of 100 feet are being met. 7. C.O. District: A portion of the property is located within the C.O. District created by the minor stream running north - south through the property. This stream is delineated on the plans. The 4/12/77 approved plat shows a non -buildable area that extends 100 feet either side of the minor stream. This non -buildable area is shown on the plans and no development has been proposed within it. The plans should depict the Conservation Open Space District on the west side of the stream. 8. Non -buildable area: No development or portions of lots are proposed in the non - buildable area. The entire non -buildable area is proposed to be an open space lot. The 4/12/77 approved plat shows a non -buildable area that extends 100 feet either side of the minor stream. This non -buildable area is shown on the plat. Lot #5 is designated as non -buildable. The applicant submitted correspondence indicating that the lot will remain in the ownership of the Goldbergs and will continue to be kept as farmland. 9. Recreation path: The Recreation Path Committee reviewed this proposal at their 11/1/99 meeting. They recommend a 20 foot path easement parallel to Dorset Street, on the east side of Dorset Street and no closer than 10 feet to the road This is being shown on the plans. 10. Sewer: The applicants requested a sewer allocation of 2,168 g.p.d. The applicant will be required to pay the per gallon fee prior to permit issuance. 11. Landscaping: The Development Review Board, at their September 19, 2000 meeting waived the requirements of Section 412.4 of the Subdivision Regulations to plant street trees along the City Street. 12. Sidewalk: The Board, as part of the preliminary plat approval, waived the requirements of Section 401.1(i) of the Subdivision Regulations that a sidewalk be constructed along the proposed City street. 13. Lia tin : The applicant requested that the Board waive the requirements of Section 408 of the Subdivision Regulations which requires street lighting. The applicants requested not to provide the infrastructure for future street lighting. 14. Impact Fees: The applicant was made aware of applicable road, recreation, school, and all other applicable impact fees. 15. Other: The plans should include the E-911 address for Lot One (1760 Dorset Street). DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #SD-00-61 of Jeffrey & Elizabeth Goldberg to subdivide a 12.92 acre parcel into five (5) lots of 2.17 acres (lot 41), 2.51 acres (lots 92), 1.73 acres (lot #3), 1.92 acres (lot #4), and 4.55 acres (lot #5), 1760 Dorset Street, as depicted on an seven (7) page set of plans, page one (1) entitled, "Final Plat Major Subdivision Property 1 of Jeffrey S. and Elizabeth A. Goldberg South Burlington Vermont," prepared by Stuart J. Morrow, dated March 2000, last revised on 10/25/00, with the following stipulations. 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) Prior to issuance of zoning permit for the first lot or start of utility or road construction, all appropriate legal documents including easements (e.g., irrevocable offer of dedication and warranty deed for the applicant's interest in the proposed public road, and utility, sewer, drainage, recreation path, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 3) Prior to start of construction of the improvements described in condition #2 above, the applicant shall post a bond which covers the cost of said improvements. 4) In accordance with Section 301.5 of the subdivision regulations, within 14 days of completion of required improvements (e.g. roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a licensed engineer. 5) The plans shall be revised prior to recording and four copies shall be submitted to the Director of Planning and Zoning: a) The survey plat shall be revised to include the E-911 address for lot one (232 Autumn Hill Road). b) The plat and plans shall be revised to include the E-911 address for lot five (1760 Dorset Street). c) The plans shall be revised to provide a gravel turn -around at the end of the proposed City street approved by the City Engineer. 6) City Water Department shall get a copy of the plans for their review prior to recording the final plat plans. 7) The sewer connection system and pumping station shall be owned and maintained by the property owners. 8) The sewage pump station shall be vehicle accessible at all times. 9) Pursuant to Section 513.1 of the subdivision regulations, the Development Review Board waives the requirements of Section 401.1(i), Section 408, and Section 412.4 of the Subdivision Regulations that: 1) concrete curbs be constructed along the proposed City street, 2) a sidewalk be constructed along the proposed City street, 3) the pavement width be thirty (30) feet and approves 24 feet, 4) suitable hardwood shade trees shall be planted at 60 foot intervals, on the average, on both sides of the street, and 5) street lighting be provided. 10) The Development Review Board approves a sewer allocation of 2168 g.p.d. The sewer allocation shall remain in effect for ten (10) years from the date of final plat approval. Any lots which have not been developed within ten (10) years shall lose their allocation unless reapproved by the Development Review Board. The applicant shall be required to pay the per gallon fee prior to permit issuance. 11) The road surface shall be two (2) inches of bituminous base course and one (1) inch of surface cover. 12) Any change to the final plat plans shall require approval of the South Burlington Development Review Board. 13) The final plat plans (sheet one and survey plat) shall be recorded in the South Burlington land records within 90 days or this approval is null and void. The plans shall be signed by the Development Review Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director. Chair or Clerk Da4 South Burlington Development Review Board 4