HomeMy WebLinkAboutSP-11-48 - Decision - 0068 Nesti Drive#SP-11-48
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CATAMOUNT/ MIDDLEBURY, LLC
68 NESTI DRIVE
SITE PLAN APPLICATION #SP-11-48
FINDINGS OF FACT AND DECISION
Catamount/Middlebury, LLC, herein referred to as the applicant, is seeking site plan
approval to amend a previously approved plan for a 53,000 sq. ft. building consisting of
:1) 25,000 sq. ft. of distribution and related storage with 15% GFA in office or other
principal permitted use by same tenant, 2) 15,000 sq. ft. of retail use, and 3) 13,000 sq.
ft. of vacant space. The amendment consists of adding an access drive connection with
the adjacent property at 1795 Shelburne Road, 68 Nesti Drive.
The Development Review Board held a public hearing on December 6, 2011. Matthew
Wamsganz 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. Catamount/Middlebury, LLC, hereafter referred to as the applicant, is seeking site
plan approval to amend a previously approved plan for a 53,000 sq. ft. building
consisting of: 1) 25,000 sq. ft. of distribution and related storage with 15% GFA in office
or other principal permitted use by same tenant, 2) 15,000 sq. ft. of retail use, and 3)
13,000 sq. ft. of vacant space. The amendment consists of adding an access drive
connection with the adjacent property at 1795 Shelburne Road, 68 Nesti Drive.
2. The application was received on October 7, 2011.
3. The owner of record of the subject property is Catamount/Middlebury LLC.
4. The subject property is located in the Commercial 2 Zoning District and the
Stormwater Management Overlay District.
5. The plans submitted is entitled "Proposed Access 68 Nesti Drive, South Burlington,
VT", prepared by Civil Engineering Associates, dated December, 2011.
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6. The applicant is proposing an access easement between the property at 68 Nesti
Drive and 1795 Shelburne Road. There is no new construction planned or considered as
part of the application for the access easement. There is no additional pavement or
curb -cuts planned or considered as part of this application.
7. The physical connection between the two properties will require construction as there
is a grade change between the lots. The applicant is not seeking approval for this at this
time and will need to return to the Board for approval at that time.
8. The Board has no concerns about this access easement. The related portion of the
easement for the adjacent property is being sought under separate application.
DECISION
Motion by Joe Randazzo, seconded by William Stuono, to approve Site Plan Application
#SP-11-50 of Catamount/Middlebury, LLC 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. Prior to constructing the access connection to 1795 Shelburne Road, site plan
approval shall be obtained from the Development Review Board.
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 right -of -way.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Tim Barritt—_vea/nay/abstain/not present
Mark Behr — ea nay/abstain/not present
Matthew Birmingham —yea/nay/abstain/not present
Roger Farley — yee nay/abstain/not present
Joe Randazzo— ea nay/abstain/not present
Michael Sirotkin — ye�/nay/abstain/not present
Bill Stuono —yea/nay/abstain/not present
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Motion carried by a vote of 7 — 0 — 0
Signed this Wh day of December 2011, by
Digitally signed by Mark C. Behr
Mark C . Behr Arc Architect
Mark C. Behr, it Richard Henry Behr
Architect P.C., ou,email=mark@rhbpc.com,
c=US
Date: 2011.12.08 15:36:12-05'00'
Mark Behr, Chairman
Please note: An appeal of this decision may be taken by filing, within 30 days of the
date of this decision, a notice of appeal and the required fee by certified mail to the
Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of
appeal must also be mailed to the City of South Burlington Planning and Zoning
Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P.
5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontiudiciaW.orci/GTC/environmental/default.aspx for more information on
filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain
relevant state permits for this project. Call 802.879.5676 to speak with the regional
Permit Specialist.
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