HomeMy WebLinkAboutSP-01-70 CU-01-38 - Decision - 0530 Shelburne Road#SP-01-70 & #CU-01-38
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: site plan application #SP-01-70 and conditional use application #CU-01-38 of Devon Mobile
Communications to amend a previously approved site plan to include up to six (6) panel antennas
to existing tower and the addition of ancillary ground equipment in a 10'x10' space adjacent to
existing building, 530 Shelburne Road.
On the 6th of November, 2001, the South Burlington Development Review Board approved the
conditional use application under Section 26.05 and site plan under Section 26.10 of the South
Burlington Zoning Regulations based on the following findings:
1) This project consists of amending a previously approved site plan to include up to six (6) panel
antennas to existing tower and the addition of ancillary ground equipment in a 10'x10' space
adjacent to existing building, 530 Shelburne Road.
2) The owner of record is David M. Farrell.
3) The property is located within the Commercial One District. The property is bounded to the
north by a residential area, on the west by a car wash, the south by 189 Mall and the east by
Farrell Street.
SITE PLAN CRITERIA:
4) Coverage/ Setbacks: The applicant should include lot coverage totals for the site, as the
addition of the 10'x 10' ancillary ground equipment will produce changes in coverage totals.
5) Access/ Circulation: There are no proposed changes to access and circulation
6) Landscaping: There are no proposed changes to landscaping and screening.
CONDITIONAL USE CRITERIA:
7) The proposed project complies with the stated purpose of the Commercial One District to
"encourage the location of general retail and office uses in a manner that serves as or
enhances a compact central business area" and does 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-01-38 and site plan application #SP-01-70 of Devon Mobile
Communications to amend a previously approved site plan to include up to six (6) panel antennas to
existing tower and the addition of ancillary ground equipment in a 10'x10' space adjacent to existing
building, 530 Shelburne Road as depicted on a eleven (11) sheet set of plans, page one (1) entitled
"Devon Mobile Communications, LP, WVNY-TV 22, (BUR010) 530 Shelburne Rd. S. Burlington,
VT 05401" with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2) The site plan shall be revised to show the changes listed below and shall require approval of the
Director of Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised site
plan shall be submitted to the Director prior to permit issuance.
a) The site plan shall be revised to include changes in overall coverage.
b) The O'Dell Parkway PUD plat shall be revised to show the ground equipment.
c) The plan shall be revised to show additional landscaping if deemed necessary by the
staff.
3) 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.
4) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer
before usage of the antennas.
5) Any change to the site plan shall require approval by the South Burlington Development Review
Board.
Chair oi-CleA�-
South Burlington Development Review Board
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Date
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. Ifyou 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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