HomeMy WebLinkAboutCU-01-27 SP-01-41 - Decision - 0200 Old Farm Road#CU-01-27 & #SP-01-41
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application #CU-01-27 and site plan application #SP-01-41 of
Devon Mobil Communications to: 1) install nine (9) panel antennas on an existing farm silo at
an elevation of 50 feet, and 2) construct a 10 foot by 15 foot area to support outdoor equipment
in cabinets, 200 Old Farm Road.
On the 24th of July, 2001, the South Burlington Development Review Board approved the
conditional use application Devon Mobil Communications under Section 26.05 and the site plan
application under Section 26.10 of the South Burlington Zoning Regulations based on the following
findings:
1. This project consists of conditional use and site plan application to: 1) install nine (9) panel
antennas on an existing farm silo at an elevation of 50 feet, and 2) construct a 10 foot by 15
foot area to support outdoor equipment in cabinets, 200 Old Farm. Road.
2. The owner of record is Leo O'Brien, Jr.
This property is located in the Residential Seven District and the Residential One District. It is
bounded on the south by Hinesburg Road and single-family residences, on the west by
condominiums, on the north by Kennedy Drive and condominiums, and on the east by Kimball
Avenue.
4. Site Plan Criteria:
Coverage/Setbacks: The building and total overall coverage for the property will increase
slightly, but will be well within the 15% maximum allowable building coverage and 25%
maximum allowable coverage for the Residential One District.
5. Conditional Use Criteria:
The proposed project complies with the stated purpose of the Residential One District to
"encourage low -density single-family residential use."
The proposed use will not adversely affect:
a) the capacity of existing or planned community facilities. No effect expected.
b) the character of the area affected. No adverse effect is expected.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to affect traffic.
d) bylaws in effect. The proposal is in conformance with the zoning regulations.
e) utilization of renewable energy resources. There is no utilization of renewable energy
resources to be affected.
f) general public health and welfare. No adverse effect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
conditional use application #CU-01-27 and site plan application #SP-01-41 of Devon Mobil
Communications to: 1) install nine (9) panel antennas on an existing farm silo at an elevation of 50
feet, and 2) construct a 10 foot by 15 foot area to support outdoor equipment in cabinets, 200 Old
Farm Road, as depicted on a 13 page set of plans, page one entitled, "Devon Mobil
Telecommunications, LP Old Farm Silo BUR990-E," dated 5/9/01, last revised on 5/28/01, with the
following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the
zoning regulations or this approval is null and void.
3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer
prior to the use of the antennas.
4. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
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hair or Clerk Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A.
§ 4471 and V.R. C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of remedy; finality).
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