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HomeMy WebLinkAboutMS-04-03 - Decision - 0339 Patchen Road (2)CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 December 8, 2004 Susan Heiser 339 Patchen Road South Burlington, VT 05403 Re: Minutes Dear Ms. Heiser: Enclosed, please find a copy of the minutes from the November 9, 2004 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Administrative Assistant Encl. 4kk-f>-0-f � C-e =,� of ��. 1 R 2004 Mr. Fay said they are requesting a landscaping waiver. Mr. Belair noted they have run out of room for landscaping. He had no problem granting a $1200 credit. Ms. Quimby moved to approve Site Plan Application #SP-04-43 of Champlain Water District subject to the stipulations in the draft motion. Mr. Bolton seconded. Motion passed unanimously. 8. Public Hearing: Application #CU-04-11 of Frank & Mary Mazur for conditional use approval under Section 14.10, Conditional Use Review of the South Burlington Land Development Regulations. Request is for permission to expand a single family dwelling by constructing a covered 10'x30' second story porch, 52 Bartlett Bay Road; Ms. Mazur said they were under the impression they had approval for a roof over the porch. It is already built. Mr. Belair explained there was a misunderstanding, and the Mazurs did not do anything intentionally wrong. Mr. Belair noted a stipulation requiring the planting of a tree. Ms. Mazur said it is there. Mr. Belair said he was told today it wasn't, but he will check on it. Ms. Quimby moved to approve Application #CU-04-11 subject to the stipulations in the draft motion amended to eliminate Stipulation #4. Mr. Boucher seconded. Motion passed unanimously. \Miscellaneaous application #MS-04-03 of Susan Heiser for approval to alter the existing grade by adding more than 20 cubic yards of fill to the property, 339 Patchen Road: Ms. Heiser said she hadn't been aware a permit was needed to fill. Ms. Heiser also questioned the buffer area and noted it is not a stream but a culvert. Mr. Belair said once a pipe daylights, it is a drainageway and there is a 50-foot buffer. Mr. Dinklage asked the applicant if they are planning any more filling. Ms. Heiser said they are not. Mr. Bolton noted that there is a company with equipment that could get debris out of the drainageway. Ms. Quimby asked if the logs would impede the flow of water. Ms. Heiser said they would not. Members agreed to delete condition #4. Q DEVELOPMENT REVIEW BOARD 9 NOVEMBER 2004 Ms. Quimby moved to approve Miscellaneous Application #MS-04-03 of Susan Heiser subject to the stipulations in the draft motion amended to delete condition #4. Mr. Boucher seconded. Motion passed unanimously. 10. Public Hearing: Final Plat Application #SD-04-75 of South Burlington Realty Co., to amend a planned unit development consisting of: 1) 34,506 sq ft of medical office use, 2) 1803 sq ft of general office use, and 3) 2400 sq ft of restaurant & retail use. The amendment consists of converting 2400 sq ft of restaurant & retail use to retail food establishment use with less than 5000 sq ft, 360 Dorset St: Mr. Jaeger noted this is the former Donny's Pizza. The proposed use is ethnic food with - take-out only. This can be accommodated with existing parking. Wastewater is not an issue as this use will require half of what was formerly needed. Mr. Belair noted the plan has no room for snow storage as the applicant has indicated that all snow is trucked off -site. Ms. Quimby moved to approve Final Plat Application 4SD-04-75 of South Burlington Realty Co., subject to the stipulations in the draft motion. Mr. Bolton seconded. Motion passed unanimously. 11. Public Hearing: Application #CU-04-13 of Nynex Mobile Ltd Partnership 1, d/b/a Verizon Wireless for conditional use approval under Section 14.10, Conditional Use Review of the South Burlington Land Development Regulations. Request is for permission to: 1) increase height of silo by 10 feet to 85 feet, 2) install telecommunications towers on silo, 3) install a 12'x30' equipment shelter, and 4) install a propane tank and pad, 850 Hinesburg Road; and 12. Site Plan Application #SP-04-39 of Nynex Mobile Ltd Partnership 1, d/b/a Verizon Wireless to amend a plan consisting of four single family dwellings and accessory structures. The amendment consists of. 1) increasing the height of silo by 10 feet to 85 feet, 2) installing telecommunications towers on silo, 3) installing a 12'x30' equipment shelter, and 4) installing a propane tank and pad, 850 Hinesburg Road: Mr. Sullivan noted they have done this in other towns. The result is called a "stealth silo." The silo is existing now, and they will put antennas where the silo cap is, then add a cap so the antennas are not visible. He showed pictures of similar projects. The plan includes planning details. Mr. Bolton asked if there is any kind of residual radiation or similar concern. Mr. Sullivan said there is not. There will be only 100 watts, well below federal standards. -7- CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERIVIONT 05403 (802) 846-4106 FAX (802) 846-4101 November 15, 2004 Susan Heiser 339 Patchen Road South Burlington, VT 05403 Re: Miscellaneous Application #MS-04-03 Dear Ms. Heiser: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on 11/9/04 (effective 11/12/04). Please note the conditions of approval, including that the applicant shall obtain a zoning permit within six (6) months of this approval or this approval is null and void. If you have any questions, please contact me. Sincerely, Betsy cDonough, Vi istrative Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 5, 2004 Susan Heiser 339 Patchen Road South Burlington, VT 05403 Re: 339 Patchen Road Dear Ms. Heiser. - Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, November 9, 2004 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTME,N'r OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 TO: DEVELOPMENT REVIEW BOARD FROM: Brian Robertson, Associate Planner DATE: November 2, 2004 RE: Susan Heiser - Miscellaneous Application #MS-04-03 Agenda # 11 Susan Heiser, hereafter referred to as the applicant, is seeking miscellaneous approval to alter the existing grade by adding more than 20 cubic yards of fill to the property, 339 Patchen Road. Staff discovered that the applicant has placed more than 20 cubic yards of fill on the property without approval and a zoning permit. Staff advised the applicant to apply to the Development Review Board for approval. This application shall be reviewed under Section 3.12 of the Land Development Regulations. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation. Standards and Conditions for Approval: (1) The Development Review Board shall review a request under this Section for compliance with the standards contained in this sub -Section 3.12(B). An application under Section 3.12(A) above shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. The applicant submitted a plan, dated September 18, 2004, containing one (1) sheet showing the existing conditions of the subject property. This plan is sufficient to satisfy this requirement. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. Staff does not feel this requirement is applicable to the subject application. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing drainage, and other appropriate measures. The plans submitted do not include plans for the rehabilitation of the site. There are no "operations" being conducted on the site, so staff does not feel that the rehabilitation measures are necessary. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. Staff does not feel this requirement will be necessary for the subject application. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. The pre -construction height for future development will be the existing grade. Other The City Engineer reviewed the plan and provided comments dated October 28, 2004 (attached). 1. The applicant shall comply with the requests of the City Engineer, as outlined in his memorandum dated October 28, 2004. In addition to the fill which is the subject of this application, fill was also placed within the 50' stream buffer of an adjacent stream. This fill material consists of wood chips and wood debris from a local tree service business. 2. The applicant shall remove all fill material that was placed within the 50' stream buffer located along the rear property line and adjacent to the applicant's property, no later than a date to be determined by the Development Review Board. BILL SZYMANSKI, City Engineer City of South Burlington 575 Dorset Street South Burlington, VT 05403 846-4106 (phone) 846-4101(fax) COMMENTS Heiser Property 339 Patchen Road 10/28/04 1. Additional filling in the area will require permission from the rear property owner. The pipe drain from Patchen Road may have to be extended. 2. Any additional filling shall be such that a stable slope is maintained. That shall be at 3 to 1 or flatter. Only clean fill should be use, no wood stumps or brush. P4 w all, � j v J ,.A 6 �a 1 lb~ Vov c � � 334 r t 9-1-9+a H=brew a sir 1 o I Potcheh Pleee C'2—cl s toc.etY o suSay, A HtIser co.9ZAd. 1_ Vol. ! py 4t3 s Zs Vot.48t pg .4vT-9 1 vol 2 ► S i r•se p� V 1 D _( 4 R.4s) 1 RECEIVE® SEP 2 8 2004 Grret�h�e Sea.lt. eX1Si'�ns C,on c. 11'1on. Q exo3j}1ng Iron Pon • Iron Poe) set e Conil'our 11198— f,11 Areo, urbon St,rvey Gift' of So. Burlington T ;sSurvey Is based an phys(ca/ evidence f• i,nd n the fold aad ir..iorma ivn absNacted from deeds aad otherpertinent records and th,5 swi eyis oo-?S;S (c.r,( ,4itt (hat evidenCn. This pfa' conforMs rn 2T V,S1. secrion ?4C3, PLAT OF S URVEY SUSAN A. HEISER PROPERTY �OF'l"`r NO.339 PATCHEN ROAD `e� N'AzNvFv yr SO. BURLINGTON,VT. DRAWN BY -T No 4S DATE:SaPt.18o 2004 SCALE:I••= 8o vv.14.R. {bAJrG APPROVED BY ` a auas F WARREN A. ROBENSTIEN, REG. VT & NH L.S. P.O. BOX 171 WINOOSKI, VT 05404 DRAWING NUMBER •PuV/ ilF/L�AY.'t'�.• (802) 878.2359 Permit Number k S - OV - 65 APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month . That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. Type of application check one: Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) ( ) Request for a conditional use ( ) Request for a variance ( er PROVISIO�i OF ZONING ORDINANCE IN QUESTION (IF ANY) a< WHAt ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) 13 2) LOCATION OF LAST RECORDED DEED (Book and page #) \J o ` . '-\ S \ P L� (.o 9 3) APPLICANT (Name, mailing address, phone and fax #) S ,,A S C�"C\ A Aie� Sic 3 r, Q����.��, tZ� . , Sy_ ��r�,�Q�" �� ©S 't o S 3 4) CONTACT PERSON (Name, mailing address, phone and fax #) w 0.c��r P� 1�,,,r 111, V SK,y k OSioL' 9T7 .13S`i 5) PROJECT STREET ADDRESS: 11, CA pr 6) TAX PARCEL ID 4 (can be obtained at Assessor's Office) ( a`� 0 -- ©'C) 3 3 9 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) \ b) Proposed Uses on property (include description and size of each new use and existing uses to remain) S w\Q c) Total building square footage on property (proposed buildings and existing buildings to remain) d) Height of building & number of floors (proposed buildin sand existing buildings to remain, specify if basement and mezzanine) k _ 2_ (.-, \ o t' •! S e) Number of residential units (if applicable, new units and existing units to G f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) Q) \ I,'- g) Other (list any other information pertinent to this a plication not specifi please note if verla Districts are applicable): ak y"r "\ w , I requested above, n " s'N hQ vw r Lz.r`q W,. \\ c w''<< Inv'.\- \v\ 2.c oo _ 8) LOT COVERAGE a) Building: Existing Lyrl % Proposed % b) Overall (building, parking, outside storage, etc) Existing 2' % Proposed % c) Front yard (along each street) Existing _% Proposed % (does not apply to residential uses) E 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). 3 I I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. G ATURE OF APPLICANT (:)"" %-Z"" SIGNATIJRE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Del6evelopment Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and fmd it to be: L4 Complete ElIncomplete p� � �/" rec or of Planning & Zoning or Designee bate 4 EXHIBIT A PLAN The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (I I" x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. If submitting a final plat amendment, please submit only pertinent information. Please provide (on separate sheet) a list of all abutters to the project property and mailing addresses. ',,.b Complete survey of property by a licensed land surveyor drawn to scale (20 ft. is preferred). 1Q1 Name, license number, seal, and contact number of licensed land surveyor & date prepared. Survey data (acreage, property lines, zoning boundaries, watercourse, base flood elevation, etc.) o Location of easements, public lands, r.o.w.s, sidewalks, and public or private street (w/names) 1v Five foot contours (existing and finished) 'i Location and size of any existing sewers (including septic tanks) and water mains, culverts and drains on the property to be subdivided. `o Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks, and other public opens spaces. bi Numerical and graphical scale, date last revised, and north arrow. o Details of proposed connection with existing water supply or alternative water supply. o Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 'U Details of storm water facilities in the form of a drainage plan. o Details of all proposed bridges or culverts. 61 Location of temporary markers. o All parcels of land proposed to be dedicated or reserved for public use and associated conditions. o A list of waivers desired (if any). o Development timetable (including number of phases and start and completion dates). o A report addressing planned residential/unit development criteria of the Zoning Regulations. o Proposed landscaping schedule (number, variety and size). '64 Location of abutting properties, fire hydrants, existing buildings, existing landscaping o Number and location of parking spaces ( see Section 26.25 of the Zoning Regulations) o Number and location of handicapped spaces (see Section 26.253(a) of the Zoning Regulations) 'e,, Lot coverage information: Building footprint, total lot, and front yard o Exterior lighting details (cut sheets). All lights should be downcasting and shielded. o Dumpster locations (dumpsters must be screened) o Bicycle rack as required under Section 26.253(b) of the zoning regulations o If restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE kko Fee $85.00* * Includes $10.00 recording fee 5