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SP-09-35 - Supplemental - 0255 Bay Crest Drive
CITY OF SOUTH B URLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: May 13, 2009 \drb\sit\AccessoryApts\AllenRoadLandCo—accessory25 Plans received: April 28, 2009 5Baycrest A CCESSORYAPAR TMENT — 255 Bay Crest Drive SITE PLANAPPLICATION #SP--09-35 Agenda # 7 Meetin date: May 19, 2009 Owner/Applicant Property Information John Larkin Tax Parcel ID 0150-00255 410 Shelburne Road R2 Zoning District South Burlington, VT 05403 Location Map CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING John Larkin, hereafter referred to as the applicant, is seeking site plan approval to construct a 1,1615 sq. ft. accessory residential unit, 255 Bay Crest Drive. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as staff, reviewed the plan submitted on April 28, 2009 and have the following comments. ACCESSOIrYRESIDENTLAL UNITS Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any districi where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence or within an existing, permitted accessory structure may be permitted by the DRB in accordance with Article 14, Site Plan Review, and the following additional criteria: (a) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total habitable area of the single-family dwelling unit. The single family dwelling unit is comprised of 6190 habitable SF. This includes the basement where the proposed accessory apartment is to be located. The accessory residential unit is proposed to be 1615 SF, or 26% of the habitable area of the principal dwelling. Thus, the applicant is in compliance with this criterion. (b) The principal dwelling shall be owner occupied. The subject property was completed in 2004 and owned by a development company who does not live in the home. No occupancy of the accessory unit shall take place until the land owner is the occupant of the principal dwelling unit. The principal dwelling unit must be owner occupied. I. The principal dwelling shall remain owner -occupied. No occupancy of the accessory unit shall take place until the land owner is the occupant of the principal dwelling unit. (c) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by the issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the South Burlington Sewage Ordinance. 2. The applicant shall obtain wastewater allocation for the additional dwelling unit. (d) Two additional off-street parking spaces shall be provided on the same lot, either in a garage or a driveway, or not in any areas required to meet coverage limitations, or any front yard other than a driveway, required by these Regulations. The subject property contains a 3-car garage and ample driveway space. This is sufficient to satisfy this requirement. (e) A zoning permit shall be required for the accessory residential unit. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 3 1 DEPARTMENT OF PLANNING & ZONING 3. The applicant shall obtain a zoning permit from the Administrative Officer for the accessory residential unit. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlinaton Land Development Regulations establishes the following general review standards for all site plan applications (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian mevemPnt, and adequate parking areas. There is adequate consideration given to pedestrian movement and parking on the site. (b) Parking shall be located to the rear or sides of buildings to the greatest Pxtent practicable. Parking is to the front and side of the building. However, given that the nature of the project as a single-family residential use, staff finds this layout acceptable and in harmony with the rest of the neighborhood. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining bu;'Id.'ng:�. The height of the existing home is within the limits specified by the SBLDR. No additional exterior construction is planned. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. The applicant has not proposed any additional lighting as part of this application. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The principal residential dwelling and accessory unit are in compliance with this criterion. (t) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The principal residential dwelling and accessory unit are in compliance with this criterion. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Staff does not feel it is necessary to require any additional access easements as part of the proposed project. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliancz, with any recycling or other requirements, shall be accessible, secure and properly .screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As the subject building is a single family residence, staff understands that trash will be maintained inside the building until time for trash pickup. Traffic This project will not generate a sufficient amount of traffic to warrant concern (-.r further review. Other The accessory dwelling unit is limited to only one (1) bedroom. 4. The accessory dwelling unit is limited to only one (1) bedroom. Staff recommends that the Development Review Board approve Site Plan application #SP-09-35 subject to the conditional items above. Respectfully submitted, 140 Cathya�l LaRose, Associate Planner Copy to: John Larkin, Property Owner File 7 !,, 6'7\ 6238 acres > �N10 6236 CBI I � � a107 ASETBA'C) � 23 N S BA,C 49 235 XNE 22 SE CK -tvr /P TBS i 6250 `•NO XNER \)-N14 cn � •LS} � J i 6233 OD 4§ 3 i 6 6 1 t SE 622 167 S! PRXP. 2 m �lp Ms c 1084 MH? S 40'�.VERMONT State of Vermont Department of Environmental Conservation Agency of Natural Resources WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED 10 V.S.A. Chapter 64, Potable Water Supply and Wastewater System Permit Wastewater System and Potable Water Supply Rules, Effective September 29, 2007 Chapter 21, Water Supply Rules, Effective April 25, 2005 Permit Number: WW-4-36ol PIN: EJ99-0385 Landowner: 255 Bay Crest Drive, LLC 410 Shelburne Road South Burlington VT 05403 This permit affects property identified as Town Tax Parcel ID # South Burlington: 01000255 and referenced in deeds recorded in Book 869 Page 230 of the Land Records in South Burlington, Vermont. This project, consisting of adding a one bedroom accessory apartment to the existing four bedroom single family house on Lot #4 previously approved by Permit EC-4-2299 served by municipal water and wastewater services located at 255 Bay Crest Drive in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. i. GENERAL 1.1 1.2 The project shall be completed as shown on the application, plans and/or documents prepared by Lance Llewellyn, P.E. for Llewellyn -Howley, Inc., with the stamped plans listed as follows: Sheet Number Title Plan Date I of I Lot 4 Irish Farm 255 Bay Crest Drive 3/23/2010 The project shall not deviate from the stamped plans in a manner that would change or affect the exterior water supply or wastewater disposal systems, building location, or, the approved use of the building, without prior review and written approval from the Wastewater Management Division. 1.3 This permit does not relieve the landowner from obtaining all other approvals and permits as may be required from the Act 25o District Environmental Commission, the Department Public Safety, Division of Fire Safety— telephone (802) 879-2300, and local officials Rrior to proceeding with this project. 1.4 The conditions of this permit shall run with the land and will be binding upon and enforceable against the landowner and all assigns and successors in interest. The landowner shall be responsible for the recording of this permit in the South Burlington Land Records within thirty, (3o) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 1.5 This project has been reviewed and approved for the addition of a one bedroom accessory apartment to the existing four bedroom single family residence on the lot. 1.6 By acceptance of this permit, the landowner agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations. 1.7 In issuing this permit, the Division has relied upon the licensed designer's certification that the design - related information submitted was true and correct, and complies with the Vermont Wastewater System and Potable Water Supply Rules and the Vermont Water Supply Rules. This permit may be revoked if it is determined that the project does not comply with these Rules. Regional Offices —Barre/EssexJct./Rutland/Springfield/St. Johnsbury Wastewater System and Potable Wa—.Supply Permit WW-4-36oi Page 2 of 2 1.8 Any person aggrieved by this permit may appeal to the Environmental Court within 3o days of the date of issuance of this permit in accordance with to V.S.A. Chapter 22o and the Vermont Rules of Environmental Court Proceedings. 2.WATER SUPPLY 2.1 This project is approved for connection to the South Burlington municipal water system as depicted on the stamped plans. The project is approved for a maximum of 675 gallons of water per day. No changes to the water supply shall be allowed without prior review and approval by the Wastewater Management Division. .q.WASTEWATER DISPOSAL 3.1 This project is approved for connection to the South Burlington municipal wastewater treatment facility as depicted on the stamped plans. The project is approved for a maximum of 350 gallons of wastewater per day. No changes to the wastewater disposal system shall be allowed without prior review and approval by the Wastewater Management Division. 3.2 This permit is based, in part, on a municipal approval for connection to their wastewater treatment facility. If the municipal approval expires, and the municipality files a written request with the Secretary, the Secretary will remove the sewage allocation for. this project from the list of committed reserve capacity. If the municipal approval expires, this permit shall be invalid unless the municipality renews its approval and does not request that the Secretary remove the sewage allocation for this project from the list of committed reserve. Once the project is removed from the list of committed reserve capacity, a new permit must be issued for the project. An updated application form and an application fee will be required. The rules in effect at the time of the filing of the application for a new permit will be applied to the project. Justin G. Johnson, Commissioner Department of Environmental Conservation By � Ernest Christianson, Regional Engineer Dated October 22, 2010 cc: South Burlington Planning Commission Lance lewellyn-Howley, Inc. Act 25o Environmental Commission Department of Public Safety, Division of Fire Safety AGENCY OF NATURAI `RESOURCES (ANRj AND NATURAL ^ SOURCES BOARD nttti://wWv,.an:.StL ,fii,.uS�dGC�Ead/pa/ina�, htrr / httr :/�wrlu rk.state �� us PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # OF DEC PERMITS PRE -APPLICATION REVIEW - RESPONSE DATE. PENDING APPLICATION #: WW-4-3601 DISTRICT: TOWN: South Burlington PIN: EJ99-0385.02 WWW1.V_R yr rr[yJCI 151 I t. MIS I)cc .. ,.--- APPLICANT OR REPRESENTATIVE. -• • • +�.y '-OL � 1 ivc, LLL. I JUnn LarKin (Address) 410 Shelburne Road (Address) (Town) (State) (Zip) South Burlington VT 05403 (Town) (State) (Zip) i_ (Telephone) (802)-864-7444 (Telephone) LProject Name Lot 4 Based on a written or oral request or information provided by Lance Llewellyn, received on 10/21 /2010, a project was reviewed on a tract/tracts of land of 0.35 acres, located on 255 Bay Crest Drive. The project is generally described as: Permit the addition of an accessory apartment to a single family residence being served by municipal water supply and wastewater disposal Prior permits from this office: 4C1060, EC-4-2299 PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION ® I hereby request a jurisdictional opinion from the District Co V.S.A Chapter 151 (Act 250) over the project described above Coordinator regarding the jurisdiction of 10 Permit Specialist ❑ Other Person ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST 1. FROM THE ANR PERMIT SPECIALIST, THE LAN DOWNER/AGENT, OR OTHER PERSON. ANY NOTIFIED PERSON OR ENTITY WILL BE BOUND BY THIS OPINION UNLESS THAT PERSON OR ENTITY FILES A REQUEST FOR RECONSIDERATION WITH THE DISTRICT COORDINATOR (10 V.S.A. § 6007 (c) AND ACT 250 RULE 3 (b) OR AN APPEAL WITH THE ENVIRONMENTAL COURT WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V. S.A. Chapter 220). (#47) .* Project: ❑ Commercial XResidential ❑ Municipal Has the landowner subdivided before? ❑Yes _❑ Flo When/where: # of lots: AN ACT 250 PERMIT IS REQUIRED: ❑ Yes No Copies sent to Owner: Yes ❑ No; Applicant or Representative: ❑ s �] No BASIS FQR DECISION: /l i� `ry1 `6G?aCl -1 ✓,,:i / r SIGNATURE: _ ,:y/l-Y - r� ,� DATE:'i �/ie'' ASS District Coordinator Tele hone: ADDRESS: District # Environmental Commission JJ WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED? ❑ Yes ❑ No E Wastewater System and Potable Water Supply Permit (#1 & #2)** ❑ Notice of Permit Requirements (deferral language ) (#2) ❑ Floor Drains (#1.2) ❑ Campgrounds (L3) ❑ Extension of sewer lines #5) REGIONAL ENGINEER ASSIGNED: Ernest Christianson SIGNATURE: �� ATE: 10-27-10 ADDRESS: Dept. of Environmental Conservation [' Environmental si t n Office, Permit Specialist Jeff McMahon Telephone: 802-879-5676 ❑ Wastewater Management Division, Telephone: 802-879-5656 OVER »»»»»»» **NOTE. NUMBERS IN PARENTHESES (#) REFER TO PERMIT INFORMATION SHEETS IN THE VERMONT PERMIT HANDBOOK httpZIwwK,.anr.state.vt.us/dec/permit hb/index htm IS IS A PRELIMINARY, NON-5 Ni DETERMINATION REGARDING OTHER P' ITS WHICH YOU MAY NEED P r_nMMFNCFMFNT OF CO TRUCTION. PLEASE CONTACT THE DEPAr, MENTS INDICATED BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: ❑ Discharge Permits: pretreatment; industrial, municipal (#7_1, 7_2, & 8) ❑ Indirect Discharge Permits (#9 & 9_1) []Residuals Management (#10) 4. AIR POLLUTION CONTROL DIVISION, ANR (888-520-4879) Contact: Wood Chi Burners (>90 HP #14 ❑ Construction/mod cation of source (#14) ❑ Open Burning (#18) ❑ P ) (—) Diesel Engines (>450 bHP) (#14) ❑ Furnace Boiler Conversion/Installation (#14) ❑ Industrial Process Air Emissions (#14) ❑ 5. WATER SUPPLY DIVISION, ANR (802-241-3400) (800-823-6500 in VT) Contact: ❑ New Hydrants (#22) ❑ >500' waterline construction (#22) ❑ Community Water System (CWS) ❑ Bottled Water L#20) ❑ Operating permit (#21) ❑ Transient Non -Community water system (TNC) (#21) ❑ Capacity Review for Non -transient non -community water systems (NTNC) #(� 6. WATER QUALITY DIVISION, ANR STORMWATER PERMITS (#6 — 6_5 ) Contact: Contact: El Flood Plains (241-3759) [1 Ponds (#32.1) El Construction General Permits >1AC of disturbance (#6. [IShoreland Encroachment (241-3791) Steve Hanna (#28) ElStormwater from new development or redevelopment sites (#6.2 & 6_3) ❑ Wetlands (241-3770) (#29) ❑ Multi -Sector General Permit (MSGP) industrial activities w/ SIC codes (#6.4) ❑ Stream Alteration / Section 401 Water Quality Certification / Stream Crossing Structures Chris Brunelle 879-5631 (#27 & 32) 7. WASTE MANAGEMENT DIVISION, ANR Contact: Dennis Fekert 241-1493 ❑ Hazardous Waste Handler site ID (241-3888) (#36) ❑ Underground Storage Tanks (241-3888) June Reilly (#33) ❑ Lined landfills; transfer stations, recycling facilities drop off (241-3444) (#37,39,40) ❑ Asbestos Disposal (241-3444) ❑ Disposal of inert waste, untreated wood & stumps (241-3444) (#41 & 44) ❑ Composting Facilities (241-3444) (#43) ❑ Waste oil burning (241-3888) ❑ Waste transporter permit (#35) ❑ Demolition waste 241-3477 ❑ Used septic system components/stone (#41) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: _ ❑ Dam operations (greater than 500,000 cu. ft.) (241-3451) (945) ❑ State -funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) (#46) Contact: SMALL BUSINESS & MUNICIPAL COMPLIANCE ASSISTANCE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: 10. FISH & WILDLIFE DEPARTMENT (802-241-3700) ❑ Nongame & Natural Heritage Program (Threatened & Endangered Species) (#47.4) Judy Mirro/John Daly Contact: ❑ Stream Obstruction Approval (#47.5) V DEPARTMENT OF PUBLIC SAFETY (802-479-7561) or District Office 879-2300 Contact: ® Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) (#49, 50, 50.1, 50.2) ❑ Storage of flammable liquids, explosives ❑ LP Gas Storage ❑ Hazardous Chemical Use/Tier II Reporting (800-347-0488) ❑ Plumbing in residences served by public water/sewer with 10 or more customers #( 50.2) [I Boilers and pressure vessels (#50.3) 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact: ❑ Food, lodging, bakeries, food processors (#51, 51.1, 52, 53, 53.1) [I Program for asbestos control & lead certification (#54, 55, 55.1) ❑ Children's camps ❑Hot Tub Installation & Inspection — Commercial (#51.1) 13. AGENCY OF HUMAN SERVICES Contact: ❑ Child care facilities (1-800-649-2642 or 802-241-2159) (#57) ❑ Residential care homes (241-2345) (Dept. of Aging & Disabilities) ❑ Nursing Homes (241-2345) (#59) El Assisted Living and Therapeutic Community Residences (241-2345) ( #59) 14. AGENCY OF TRANSPORTATION Contact: ❑ Access to state highways (residential, commercial) (828-2653) (#66) ❑ Junkyards (828-2053) (#62) [ISigns (Travel Information Council) (828-2651) (#63) ElRailroad crossings g ( 828-2710 ) (#64—) ❑ Development within 500' of a limited access highway (828-2653) (#61) ❑ Airports and landing strips (828-2833) #65 ❑ Construction within state highway right-of-way (Utilities, Grading, etc.) (828-2653) (#66) ❑ Motor vehicle dealer license (828-2067) (#68) 15. DEPARTMENT OF AGRICULTURE (800-675-9873 OR 802-828-3429) Contact: ( )(-------) 9 poultry g )(—) ❑ Use/sale of Pesticides 828-3429 #72, 73, 74, 75, 76, 77, 78 ❑ Slaughter houses, oult processing (828-3429 ❑ Milk Processing Facilities (828-3429) (#83, 83.1, 85, � ❑ Animal shelters/pet merchant/livestock dealers (828-3429) (#89, 89 1) ❑ Golf Courses (828-2431) (#71) Green Houses/Nurseries (828-2431)(#79) ❑ Weights and measures, Gas Pumps, Scales (828-2436) (#88) ❑ Medium and Large Farm Operations (828-2431) ❑ Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-3429) (#75.1, 80, L9' VERMONT ENERGY CODE ASSSISTANCE CENTER TOLL FREE 888-373-2255 ® VT Building Energy Standards (#47.2) 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) ❑ Historic Buildings (#47 1 & 101) ❑ Archeological Sites (#47 1 & 101) 18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) ❑ Liquor Licenses (#90) ❑ General Info (1-800-6 j (3134) 19. SECRETARY OF STATE (1-802-828-2386) El Business Registration (#90 1) El Professional Boards (1-800-439-8683 #90.2 20. DEPARTMENT OF TAXES (802-828-2551 & 828-5787) ❑ Income & business taxes (sales, meals/ rooms, etc) (#91, 22, 23, 24, 25, 26) 2 DEPARTMENT OF MOTOR VEHICLES (802-828-2070) ❑ Fuel Taxes, Commercial Vehicle (#69-70) Z? LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. U.S. ARMY CORPS OF ENGINEERS, 8 Carmichael St., Ste. 205, Essex Jct., VT 05452 (802) 872-2893 (#97, 98, & 99 24. OTHER: Sections #3424 above have been completed by Permit Specialist Jeff McMahon Date: 10-27-10 1 may be reachedRevised 82 — 79_ 5676 Copies have been mailed to: 5. Continued Site Plan Application #SP-09-30 of Lark Inns, LP, to construct a 1,236 sq. ft. addition to hotel lobby, 1720 Shelburne Road: Mr. Dinklage noted this application also had a similar sign posting issue. Staff had no issues with the application. Ms. Quimby moved to approve Site Plan Application #SP-09-30 of Lark Inns, LP, subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 6. Final Plat Application #SD-09-22 of Bensen Development, LP, to amend a previously approved planned unit development consisting of two commercial buildings (9,280 sq. ft. and 3,672 sq. ft.), 16 multi -family dwelling units in three buildings, and an approved but not yet constructed nine -unit multi -family dwelling. The amendment consists of subdividing a 2.07 acre parcel into two lots of 0.72 acres and 1.35 acres, Executive Drive: Mr. Bensen said the subdivision has to do with refinancing. The new buildings will be put under one mortgage and the old ones under another. Mr. Dinklage reminded the applicant that these lots will always be considered as one lot for all planning and zoning purposes. Ms. Quimby moved to approve Final Plat Application #SD-09-22 of Bensen Development, LP, subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. f 7. Site Plan Application #SD-09-35 of John Larkin for a 1,615 sq. ft. accessory residential units, 255 Bay Crest Drive: Ms. Dufresne said there will be no exterior construction and no additional lighting. The unit will be one bedroom. Mr. Dinklage reminded the applicant that the accessory unit may not be occupied until the building owner is living in the house. Ms. Miller, who lives across the street, said they had an understanding that this was a single-family neighborhood when they bought their home. This is now the second conversion. She said there is no easy access to the proposed unit, and the occupant would have to walk around on the grass. There is also a question of where cars will be parked. She noted that cars in the unit on the corner now park on the grass. Ms. Dufresne said there is a second means of access to the unit directly from the garage Mr. Dinklage explained that the city used to have much more stringent requirement regarding accessory units, but in 2004, the Legislature changed the laws, and the State laws now supersede city regulations. The DRB can no longer impose additional restrictions. Mr. Burrell said his concern is with the integrity of the neighborhood. He noted there are 2 large apartment buildings in sight of their front windows, and there are apartments available in those buildings. He also noted a tremendous increase in traffic because of South Village. Ms. Miller said that had they known this could happen, they would not have bought their house. Ms. LaRose said this can happen everywhere in the State. Ms. Miller noted that the person who was living in the corner house has now moved into this house. She did not think the corner house was now owner -occupied. Mr. Dinklage said if that is true, that is a violation and the Code Officer should deal with it. Ms. Quimby moved to approve Site Plan Application #SD-09-35 of John Larkin for a 1,615 sq. ft. accessory residential unit, 255 Bay Crest Drive subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 8. Continued Preliminary Plat Application #SD-09-05 of Wedgewood Development Corporation for a planned unit development consisting of: 1) six two- family dwellings, and 2) three single-family lots, 232 Autumn Hill Road: Mr. Belair advised that the applicant had asked for a continuance until 2 June. Ms. Quimby moved to continue Preliminary Plat Application #SD-09-05 of Wedgewood Development Corporation until 2 June 2009. Mr. Farley seconded. Motion passed unanimously. 9. Site Plan Application #SP-09-39 of Quarry Ridge Estates Homeowners' Association to upgrade the existing storm water treatment pond for a 92-unit residential development, Juniper Drive: Mr. Trudell showed the location of the original storm water pond. Since it was built, storm water rules have changed, and this area was deemed to be in an impaired watershed. This year, the Recovery & Reinvestment Act has offered federal funds for projects that are ready to go, and the pond is now being redesigned to meet the 2002 storm water rules so that the city will eventually take over the pond. The project involves deepening the pond, raising the berms, and putting in an access drive to the pond for maintenance. There will be an easement granting access for maintenance. Mr. Belair advised that the city's Storm Water Superintendent has said the plans are acceptable to him. The City Attorney will review the easement document. Ms. Young said she is concerned with what kind of road is going through. She said no r' w southburlington PLANNING & ZONING May 21, 2009 John Larkin 410 Shelburne Road South Burlington, VT 05403 Re: 255 Bay Crest Drive Dear Mr. Larkin: Enclosed, please find copies of the Findings of Fact and Decisions rendered by the Development Review Board on May 19, 2009 (effective 5/19/09). Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7008 0150 0003 6150 6529 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 0 J All f� south' PLANNING & ZONING May 21, 2009 Innovative Design 8 Carmichael Street, Suite 104 South Burlington, VT 05403 Re: 255 Bay Crest Road Dear Sir or Madam: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Jana Beagley Planning & Zoning Assistant Enc. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com south: PLANNING & ZONING May 21, 2009 Fayneese Miller Biral and Robert Biral 258 Bay Crest Drive South Burlington, VT 05403 Re: 255 Bay Crest Drive Dear Mr. and Mrs. Biral: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Jana Beagley Planning & Zoning Assistant Enc. 575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101 www.sburl.com CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: �V1� ' AME / C- F/44 k /-/"g,"� 0 A:5. S -5-srAll iA �9 '0 0ex-1-1 V r hmbf m kt. n ees C. AII f'il Ore /3 r ra MAILING ADDRESS (�C7 13 D1C j 33/` i S 0o v S� Pc $©� 6 Y Z Y9 le i a, L/ 41V TQNj V% o SV06 -50-Lieu1k" PROJECT OF INTEREST o,0P-L-L- 0 `1 �4A •C-0 v P- Aff Z�5 Dr. 2sf /3a,.7errsf br, CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). H ARING DATE. ItV MM E ir_ nnngESS of PROJECT nF IMT1=R1=c-' rd (2r) I l.V lsJ' --- r Vvq ICY) - lv eN. L S % Ae. LJt---0CE—LJO0,0 E Site Plan Application Permit Number SP- 0 �-- APPLICATION FOR ,31TE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application norm or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1.OWNER OF REFORD (Name as shown on deed, mailing address, phone and fax #): . 2. LOCATION OF LAST RECORDED DEED (Book and page #): VOL . P��� ro to, 3. APPLICANT (Name, mailing address, phone and fax #): 4. CONTACT PERSON (person who will receive all corr spondence from Staff. Include name, address, phone & fax #): VI N I%G wlr- 2 a. Contact e-mail address: v &L� Pr ✓tk 5. PROJECT STREET ADDRESS: GIGVf' 'fi2'+✓�i 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 7. PROJECT DESCRIPTION ^ _ _ ---i .....4.—+ vr.. a 7nnrnumI furl- 1 E Site Plan Application b. Existing Uses on Property (including description and size of each separate use): c. Proposed Uses on property (include description and size of each new use and existing uses to remain): d. Total building square footage on property (proposed buildings and existing buildings to remain): e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): f. Number of residential units (if applicable, new units and existing units to remain): g. Number of employees & company vehicles (existing and proposed, note office versus non - office employees): h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8. LOT COVERAGE Total Parcel Size: a. Building: Existing % Proposed % / Sq . Ft. sq. ft. sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing % / sq. ft. Proposed % / sq. ft. c. Front yard (along each street) Existing % / Proposed % sq. ft. sq. ft. 2 Site Plan Application d. Total area to be disturbed during construction (sq. ft.) * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): $ b. Landscaping S 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. ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) m 6w f- Mv, ft* 01,kI G0/) ti 1,,r7e 6al W,0 � 2IV 041600� AVM mv. W oblv+ 01W i O d 4W�all (�-10 �WbM/111 01) 3 N Site Plan Application 15. SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 4 Site Plan Application 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. SIGNATURE APPLICANT SIGNATOWOP I(ROPEkTY Wi4ER Do not write below this line DATE OF SUBMISSION: Mk v REVIEW AUTHORITY: Development Review Board ❑ Administrative Officer I have reviewed this site plan application and find it to be: Complete -) ❑ Incomplete of Plannidg & Zoning or Designee 5 ,tcvhr._ PLANNING & ZONING May 11, 2009 John Larkin Larkin Realty 410 Shelburne Road South Burlington, VT 05403 Re: 255 Bay Crest Drive Dear Property Owner: Enclosed is the draft agenda for the May 19, 2009 South Burlington Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consisfof offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. Cc: Michelle Dufresne Innovative Design, Ind. 8 Carmichael Street, Suite #104 Essex Junction, VT 05452 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com Irmovative Design Inc. ►I 11101110-11 01.10- To: Cathyann LaRose, Associate Planner CC: John Larkin From: Michelle Dufresne Date: April 9, 2008 Re: 255 Baycrest Drive Accessory Residential Apt. Michelle Dufresne 8 Carmichael Street, Suite 104 Essex Jct., Vt. 05452 Phone 802.872.8430 Fax . 872 . 8347 E-mail rmdufres@sover.net - 255 Baycrest is an existing single family home. My client would like to turn the basement into an accessory apartment. Per the South Burlington zoning regulations- - We need to provide 2 additional parking spaces. There is a 3-car garage; one space for the apartment is in the garage and the other in the driveway. - The apartment floor space can not exceed 30% of total habitable area of the single- family dwelling. The basement has 2 means of egress, one is directly to the outside from the basement and the second is accessed from the garage. First floor area: 2400 s.f. Second floor area: 1500 s.f. 3`d floor area: 640 s.f. Basement area: 1650 s.f. Total habitable area: 6190 s.f. Accessory Apartment area: 30% of (1190 s.f. = 1857 s.f. Actual- 1615 s.f.