Loading...
HomeMy WebLinkAboutAO-18-01 - Supplemental - 1505 Dorset Street (3) #AO-18-01 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TOM & DONNA ANFUSO, et al 1505 DORSET STREET/DORSET MEADOWS APPEAL #AO-18-01 Appeal #AO-18-01 of Tom and Donna Anfuso, et al, appealing the decisions of the Administrative Officer(s) holding that the following two applications submitted by Dorset Meadows Associates LLC (“Applicant”) for the property located at 1505 Dorset Street are “Complete”: (1) Application for Master Plan Review, No. MP-18-01,; and (2) Application for Subdivision Plat Review (Preliminary), No. SD-18-29 (“Applications”). The Appellants also contend that the Applications are premature, unripe, invalid, null and void, and of no force or effect. Based on the testimony provided at the public hearing and the supporting materials contained in the document file for the Applications and this appeal, the Development Review Board (“DRB”) finds, concludes and decides the following: FINDINGS OF FACT 1. On June 11, 2018, Applicant submitted to the Department of Planning and Zoning (“Planning and Zoning”) a proposed sketch plan for a planned unit development (“PUD”) on the subject property. As stated in the staff comments for this sketch plan, an Assistant Administrative Officer classified the project as a PUD requiring master plan review. 2. The DRB held a regular meeting on July 17, 2018, the agenda for which included Applicant’s sketch plan, discussed and took comment on this sketch plan and continued it to August 7, 2018. After further discussion and comments on Applicant’s sketch plan, which was the last item on the meeting agenda, the DRB adjourned its August 7, 2018, meeting without continuing that sketch plan. 3. On September 26, 2018, Applicant submitted to Planning and Zoning the Applications, which the Administrative Officer and the Assistant Administrative Officer reviewed and determined to be “Complete” and the Assistant Administrative Officer, Marla Keene, so stated on each form for the Applications. 4. The Appellants, Tom and Donna Anfuso, and thirteen others, all residents of either Nowland Farm Road, Four Sisters Road or Old Schoolhouse Road, filed a Notice of Appeal (#AO-18- 01) on October 11, 2018 appealing the decisions of the Assistant Administrative Officer holding that the Applications are “Complete” and contending that the Applications are premature, unripe, invalid, null and void, and of no force or effect. 5. On October 12, 2018, the Administrative Officer sent to a representative of Applicant a letter stating that on September 26, 2018, he had reviewed the Applications and concurred with the Assistant/Acting Administrative Officer that the Applications were complete. He also affirmed that the Applications were complete. #AO-18-01 2 6. On October 26, 2018, Appellants filed a written Notice of Appeal appealing from the Administrative Officer’s decisions holding that the Applications are complete and contending that the Applications are premature, unripe, invalid, null and void, and of no force or effect. 7. A public hearing notice that a hearing on the appeal would take place on November 20th, 2018, was published in The Other Paper on November 1, 2018. 8. The DRB held the public hearing on this appeal on November 20th, 2018. The Administrative Officer(s) and the Appellants participated in the public hearing, as did the following people who qualified as interested persons: Darrilyn Peters, Andrew Chalnick, and Robert Brinckerhoff. CONCLUSIONS OF LAW 9. The items required to be submitted to constitute completeness are listed in Appendix E of the SBLDR. Despite having been invited to do so, Appellants have not identified any deficiencies in the information submitted as the Applications, but question the Administrative Officer’s and the Assistant Administrative Officer’s authority to deem the applications “Complete.” An applicant’s right to review of an application under the South Burlington Land Development Regulations (“SBLDR”) only vests if and when Planning and Zoning receives a complete application. An application for approval of land development is complete on the date that Planning and Zoning receives a complete application, regardless of whether or the date on which Planning and Zoning staff (or the DRB) confirms that such an application is complete. Nevertheless, either Paul Conner or Marla Keene could fulfill the role of the Administrative Officer. During the March 7th, 2018 City Council meeting, Planning and Zoning staff, including Marla Keene, were appointed as Assistant Zoning Administrators and the City Council appointed Paul Connor as Zoning Administrative Officer during its August 6th, 2018, meeting. 10. Appellants also argue that the Applications are premature, unripe, invalid, null and void, and of no force or effect because the DRB Sketch Meeting on Sketch Plan Application No. SD-18- 23 is still open, and formal DRB Sketch Plan Approval is a mandatory prerequisite for Master Plan review and Preliminary Plat review. Section 15.05 of the SBLDR requires an applicant to attend a DRB meeting to discuss a sketch plan for a PUD before the DRB may commence review of a complete application for approval of that PUD. During a meeting, the DRB provides comments to, or asks questions of, an applicant but the SBLDR do not require a written decision on a sketch plan. In connection with Applicant’s sketch plan, the DRB continued the discussion once and upon completion, adjourned the meeting. The DRB completed its review of Applicant’s sketch plan on August 7, 2018. #AO-18-01 3 11. Section 15.05 (C)(3) of the SBLDR provides: “The Development Review Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems necessary, make specific suggestions to be incorporated by the applicant in subsequent submissions.” If the DRB anticipates that a proposed PUD will raise an issue under the SBLDR or will not meet the purposes of the SBLDR, the DRB will include this information in comments or suggestions to the applicant. In connection with Applicant’s sketch plan, the DRB did not include such information in any comments or suggestions to the Applicant and completed its review on August 7, 2018. DECISION Motion by ___Matt Cota_________, seconded by ___Mark Behr____________, to uphold the decisions of the Administrative Officer(s) to deem the following two applications “Complete”: (1) Application for Master Plan Review, No. MP-18-01, submitted by Dorset Meadows Associates LLC; and (2) Application for Subdivision Plat Review (Preliminary), No. SD-18-29, submitted by Dorset Meadows Associates LLC; and that the applications were filed in a timely manner and are ripe for review. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of _5_–_0_–_0_ Signed this _5th__ day of December, 2018 by _____________________________________ Bill Miller, Chair 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must 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 802-951-1740 or https://www.vermontjudiciary.org/environmental for more information on filing requirements, deadlines, fees and mailing address.