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Home My WebLink AboutMS-10-11 - Decision - 0080 Bartlett Bay RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHARLIE PROUTT (Distinctive Landscaping)— 80 Bartlett Bay MISCELLANEOUS APPLICATION #MS-10-11 FINDINGS OF FACT AND DECISION Charlie Proutt, hereafter referred to as the applicant, is seeking miscellaneous approval for water oriented improvements consisting of. 1) replacing wooden stairs with stone stairs, 2) reconstructing a wooden stairway, 3) re -surfacing a concrete deck, and 4) replacing a cinder block wall with stone wall, 80 Bartlett Bay Road. The Board held meetings to this application on November 16, 2010. The applicant was represented by Sarah Stradtner. 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: 1. The applicant is seeking miscellaneous approval for water oriented improvements consisting of: oriented improvements consisting of. 1) replacing wooden stairs with stone stairs, 2) reconstructing a wooden stairway, 3) re -surfacing a concrete deck, and 4) replacing a cinder block wall with stone wall, 80 Bartlett Bay Road. 2. The owners of record of the subject property are Michael Sirotkin & Sally Fox. 3. The subject property is located in the Lakeshore Neighborhood Zoning District. 4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, " Sirotkin Fox Residence 80 Bartlett Bay Road Burlington, VT Restoration Plan," prepared by Distinctive Landscaping, dated 10/14/2010. 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 project is consistent with the planned character of the area, as defined by the South I #MS-10-11 Burlington Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed changes conform to the stated purpose of the Lakeshore Neighborhood Zoning District. The use of property is not proposed to change. The changes are minimal and are in large part the simple reconstruction or refurbishment of existing water -oriented structures. 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 proposal does not adversely affect the capacity of municipal or educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent propertyfor appropriate uses. The proposal does not adversely affect the character of the neighborhood. . (c) Traffic on roads and highways in the vicinity. The proposed measures will have no affect traffic on roads or highways in the vicinity. (d) Bylaws in Effect 6. The proposed water -oriented development shall also adhere to Section 12(D)(3) of the South Burlington Land Development Regulations, Surface Water Protection Standards, governing water - oriented development. (a) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. The applicant is proposing stone stairs and a stone retaining wall. (b) The improvement will not increase the potential for erosion. The proposed improvements will result in more natural, sturdy, and modern steps, dock, and wall. Proposed changes will not negatively impact existing sediment, soil, rock of other indigenous materials. (c) The improvement will not have an undue adverse impact on the aesthetic integrity of the lakeshore. The changes proposed are aesthetic improvements. 2 #MS-10-11 (d) A landscaping plan showing plans to preserve, maintain, and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake. There are no proposed changes to the existing landscaping. 7. Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed conditional use shall meet the following standards: The Development Review Board in granting conditional use approval may impose conditions of the following: a) Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operations. b) Warning systems, fire controls, and other safeguards. c) Provision for continuous monitoring and reporting. d) Other restrictions as maybe necessary to protect public health and safety. The aforementioned conditions do not apply to this project. DECISION Motion by CC qwM611 , seconded by V f L l , to approve Miscellaneous a plication #MS-10-11 of Charlie Proutt, subject to the followi 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 plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans and shall be submitted to the Administrative Officer prior to permit issuance. a. The restoration plan shall be revised to indicate that this property is located in South Burlington not Burlington. 4. The applicant shall obtain a zoning permit within six (6) months or this approval is null and void. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr — yea/nay/abstain not presen Matthew Birmingham _0nay/a stain/not present l #MS-10-11 John Dinklage - e nay/abstain/not present Roger Farley - e ay/abstain/not present Gayle Quimby - &ay/abstain/not present Micheal Sirotkin - yea/nay/abstainQnot resen Bill Stuono-(Sphay/abstain/not present Motion carried by a vote of 5- - D - v Signed this ' — day ofw� 2010, by i IIJ-- J iinklage, Chair an 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://vermontjudiciary.ora/GTC/environmental/default.aspx for more information on fling 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. Cl