HomeMy WebLinkAboutSD-06-36 - Decision - 0005 Bartlett Bay Road#SD-06-36
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MAGIC HAT BREWING CO - 5 BARTLETT BAY ROAD
PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-06-36
FINDINGS OF FACT AND DECISION
Magic Hat Brewing Company, hereinafter referred to as the applicant, is seeking to
amend a previously approved planned unit development consisting of three (3)
commercial and industrial buildings on two (2) parcels totaling 6.73 acres. The
amendment consists of allowing overhead utility lines in place of underground lines, 5
Bartlett Bay Road. The Development Review Board held a public hearing on June 6,
2006. John Kipp 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 to amend a previously approved planned unit
development consisting of three (3) commercial and industrial buildings on two
(2) parcels totaling 6.73 acres. The amendment consists of allowing overhead
utility lines in place of underground lines, 5 Bartlett Bay Road.
2. The owner of record of the subject property is Antonio B. Pomerleau & Rita M.
Pomerleau Foundation.
3. The subject property is located in the Commercial 2 (C2) Zoning District.
4. The plan submitted is entitled, "Overall P.U.D. Plan", prepared by Civil
Engineering Associates, Inc, dated May, 2003, last revised on 6/14/06.
5. As part of a previous approval for this property, the applicant, per the standards
outlined in the South Burlington Land Development Regulations, was required to
install any new power lines below ground. However, the applicant is now
requesting approval to waive this requirement and install power lines above
ground.
6. The applicant has not yet advised staff of any reasoning which would prohibit the
lines from being installed underground. The Development Review Board has
consistently required utility lines to be installed underground. The applicant
should address their reasoning behind this proposal.
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#SD-06-36
DECISION
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Motion by 2 ' 1�1 seconded by i ICU
to approve Final lat Application #S -06-36 of Magic Hat Bre ing Co., subje t to the
following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as
amended herein.
2. This project shall be completed as shown on the plat submitted by the applicant,
and on file in the South Burlington Department of Planning and Zoning.
3. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
4. The final plat plan (overall plan) shall be recorded in the land records within 180
days or this approval is null and void. The plan shall be signed by the Board
Chair or Clerk prior to recording.
5. Applicant will install a cluster of cedar hedges for growth up to 8' tall (4'-5'
minimum height at planting) to provide a dense visual barrier on the southwest
corner of the property. Prior to planting, the applicant shall consult with the City
Arborist and City Staff for final approval.
Mark Behr - yea/nay/abstain
Matthew Birmingham - yea/nay/abstain/
Chuck Bolton - )COMay/abstain/not present
John Dinklage - e�nay/abstain/not present
Roger Farley - ilgh/nay/abstain/n res
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - 9nay/abstain/not present
Motion carried by a vote of4-00
Signed this day of 2006, by
e, Chair
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 $225.00. 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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