HomeMy WebLinkAboutCU-10-04 SP-10-21 - Decision - 0030 Joy Drive#CU-10-04
#SP-10-21
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
NYNEX MOBILE L.P. - 30 JOY DRIVE
CONDITIONAL USE APPLICATION #CU-10-04
SITE PLAN APPLICATION #SP-10-21
FINDINGS OF FACT AND DECISION
Nynex Mobile LP, hereafter referred to as the applicant, is seeking conditional use
approval to replace six (6) cellular antennas currently mounted on a platform attached to
a telecommunications tower and to install three (3) 700 MHz antennas on the same
platform, 30 Joy Drive.
Nynex Mobile LP is also seeking site plan approval to amend a previously approved for
a television studio with a telecommunications tower. The amendment consists of: 1)
replacing six (6) cellular antennas currently mounted on a platform attached to a
telecommunications tower, and 2) installing three (3) 700 MHz antennas on the same
platforms, 30 Joy Drive.
The Development Review Board held a public hearing on April 20, 2010. Louie Hodgetts
represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking conditional use approval to replace six (6) cellular antennas
currently mounted on a platform attached to a telecommunications tower and to install
three (3) 700 MHz antennas on the same platform, 30 Joy Drive.
The applicant is also seeking site plan approval to amend a previously approved for a
television studio with a telecommunications tower. The amendment consists of: 1)
replacing six (6) cellular antennas currently mounted on a platform attached to a
telecommunications tower, and 2) installing three (3) 700 MHz antennas on the same
platforms, 30 Joy Drive.
2. The application was received on March 23, 2010.
3. The owner of record of the subject property is Mount Mansfield Television
4. The subject property is located in the Commercial 1 Residential 15 Zoning District.
5. The plans submitted consist of a three (3) page set of plans, page one (1) entitled,
"Verizon Wireless South Burlington, Vermont WCAX Building Overall Site Plan",
prepared by Dubois and King, Inc., dated April 2005.
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CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
The proposal is to locate telecommunications equipment on an existing
telecommunications tower. Visual impact will be minimized. Therefore, the Board does
not feel it will have a significant impact on the planned character of the area.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
Pursuant to Section 5.01(A) of the Land Development Regulations, the Commercial 1
District is formed to encourage the location of general retail and office uses in a manner
that serves or enhances a compact central business area. Other uses that would benefit
from nearby access to a central business area may be permitted if they do not interfere
with accessibility and continuity of the commercial district.
The proposed placement of equipment on the existing tower is in compliance with the
stated purpose of the C1 District, as it is in an area that is densely developed with
commercial uses.
3. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) T he capacity of existing or planned municipal or educational facilities.
The proposal will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the property is
located, nor ability to develop adjacent property for appropriate uses.
The proposal is in keeping with the character of uses on surrounding properties and will
not adversely affect the character of the area or the ability to develop adjacent
properties. The visual impact will be minimized, and so the proposed equipment location
will not have a significant impact on the character of the area.
(c) Traffic on roads and highways in the vicinity.
The proposal will not affect traffic in the vicinity.
(d) Bylaws in effect.
The proposal is in keeping with applicable regulations.
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(e) Utilization of renewable energy resources.
The proposal will not adversely affect renewable energy resources.
(0 General public health and welfare.
The proposal will not have an adverse affect on general public welfare or the health of
the surrounding public.
The existing tower is 100 feet in height. The proposed new antennas will be mounted
approximately at the top of the pole. Although the height of the tower already has a
height waiver, separate height waivers are required for any additional equipment or
structures above 35 feet.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(a) The site shall be planned to accomplish a desirable transition from
structure to site, from structure to structure, and to provide for adequate
planting, safe pedestrian movement, and adequate parking areas.
The proposed project will not have an impact on the transition from structure to site and
from structure to structure. The proposed location of equipment will be compatible with
the existing structures.
(b) Parking shall be located to the rear or sides of buildings to the greatest
extent practicable.
Parking is not applicable to the proposed project.
(c) Without restricting the permissible limits of the applicable zoning district,
the height and scale of each building shall be compatible with its site and
existing or adjoining buildings.
The Board has already addressed the issues pertaining to height.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
(e) The DRB shall encourage the use of a combination of common materials
and architectural characteristics, landscaping, buffers, screens and visual
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interruptions to create attractive transitions between buildings of different
architectural styles.
The Board finds that the elevation submitted demonstrates substantial adherence to this
criterion. The proposed equipment will be visually compatible with existing structures on
site.
(fl Proposed structures shall be related harmoniously to themselves, the
terrain, and to existing buildings and roads in the vicinity that have a visual
relationship to the proposed structures.
The proposed project relates harmoniously to the area.
Site plan applications shall meet the following specific standards as set forth in
Section 14.07 of the South Burlington Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access
to abutting properties whenever such access is deemed necessary to
reduce curb cuts onto an arterial of collector street, to provide additional
access for emergency or other purposes, or to improve general access and
circulation in the area.
It is not necessary to require any additional access to abutting properties as part of this
application.
(b) Electric, telephone and other wire -served utility lines and service
connections shall be underground. Any utility installations remaining
above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
The Board has already stated that pursuant to Section 15.13(E) of the Land
Development Regulations, any new utility lines, services, and service modifications shall
be underground.
(c) All dumpsters and other facilities to handle solid waste, including
compliance with any recycling or other requirements, shall be accessible,
secure and properly screened with opaque fencing to ensure that trash and
debris do not escape the enclosure(s).
There are no needs to revise the site plan with respect to this criterion.
(d) Landscaping and Screening Requirements
Because no buildings are proposed, there are no requirements for additional
landscaping.
Access/Circulation
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Access and circulation on the property will remain unchanged through the proposed
project.
DECISION a
Motion by I mhv , seconded by to
approve Conditi nal Use Applic tion #CU-10-04 and Site Plan Application SP-10-21 of
NYNEX Mobile L.P. subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. This project shall be completed as shown on the plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The Board grants a height waiver for the proposed equipment of sixty-five (65) feet,
for a mounted height of one -hundred (100) feet.
4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section
17.04 of the Land Development Regulations or this approval is null and void.
5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to use of the new cellular antennas.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr (ye /nay/abstain/not present
Matthew Birmingham — yea/nay/abstai not —pre—sedD
John DinklageJenay/abstain/not
nay/abstain/not present
Roger Farley — present
Eric Knudsen —ay/abstain/not present
Gayle Quimbnay/abstain/not present
Bill Stuono — eyR/nay/abstain/not present
Motion carried by a vote of (P - C> - D
Signed this a day of 2010, by
/ John Dinklage, Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $250.00. 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).
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