HomeMy WebLinkAboutCU-11-01 - Decision - 0670 Nowland Farm RoadCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CHRIS SNYDER-670 NOWLAND FARM ROAD
CONDITIONAL USE APPLICATION #CU-11-01
FINDINGS OF FACT AND DECISION
Chris Synder and Snyder Homes, hereinafter referred to as the applicant, is seeking conditional use
approval to install a 10 ft. high chain link fence associated with a tennis court, 670 Nowland Farm
Road.
The Board held a public hearing on this application on May 3, 2011. Chris Snyder represented the
applicant.
Based on testimony provided at the above mentioned public hearing and the plans ands 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 install a 10 ft. high chain link fence associated
with a tennis court, 670 Nowland Farm Road.
2. The owners of record of the subject property are Steve and Jennifer Heroux.
3. The application was received on March 16, 2011.
4. The subject property is located in the Southeast Quadrant Zoning District.
5. The plan submitted is entitled "Steve & Jennifer Heroux Nowland Farm Road South Burlington,
Vermont", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 9/4/09.
Chapter 9.06 of the South Burlington Land Development Regulations state that:
(1) Chain link fencing shall be prohibited except. -
(a) fencing for agricultural purposes, and
(b) fencing for recreational purposes, such as baseball diamonds,
tennis courts, basketball courts, dog parks, or similar activities. Any
chain link fencing installed for these purposes shall be plastic
coated in either dark green or black.
In all cases, proposed fences shall comply with this section and section 13.17
(Fences) of these Regulations
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The applicant has submitted testimony that they are proposing a chain link fence coated in black
plastic.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use
shall meet the following standards:
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 proposed fence is not in conflict with the planned character of the area, as defined by the
Comprehensive Plan.
The proposed use shall conform to the stated purpose of the district in which the proposed
use is located.
According to Section 9.01 of the Land Development Regulations, the Southeast Quadrant Zoning
District is formed to encourage open space preservation, scenic view and natural resource protection,
wildlife habitat preservation, continued agriculture, and well -planned residential use in the area of the
City known as the Southeast Quadrant.
The proposed fence will not affect density in the neighborhood, so it is not in conflict with the stated
purpose of the R4 Zoning District.
The Development Review Board must find that the proposed uses will not adversely affect the
following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposed fence 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 proposed fence does not create the potential to adversely affect the character of the
neighborhood.
(c) Traffic on roads and highways in the vicinity.
The proposed fence will not affect traffic in the vicinity.
(d) Bylaws in effect.
The proposed fence is in keeping with applicable regulations, specifically allowed under Sections 9.06
(B) (5) (b) and 13.17 of the Land Development Regulations.
(e) Utilization of renewable energy resources.
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The proposed fence will not affect renewable energy resources.
(f) General public health and welfare.
The proposed fence will not have an adverse affect on general public welfare.
DECISION
Motion by Gayle Quimby, seconded by Michael Sirotkin, to approve conditional use application
#CU-11-01 of Chris Snyder, subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
full effect.
2. The 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 applicant shall obtain a zoning permit within six (6) months or this approval is null and void.
4. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 4 - 0 - 0
Signed this S day of M A� 2011, by
William Stuono, Vice 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
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Division at 802-828-1660 or http://vermontiudiciary.org/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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