HomeMy WebLinkAboutSP-02-10 MS-02-01 - Decision - 0977 Shelburne Road#SP-02-10 and #MS-02-01
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Site plan and miscellaneous applications #SP-02-10 and #MS-02-01 of Jolley
Associates. The amendment consists of altering the grade, 977 Shelburne Road.
On the 19"' of March 2002, the South Burlington Development Review Board approved
the request of Jolley Associates seeking site plan approval under Section 26.1 Oand
Altering Existing Grade approval under Section 25.117 of the South Burlington Zoning
Regulations based on the following findings:
1) This project consists of amending a site plan for a convenience store with gas sales.
The amendment consists of altering the existing grade by placing an unknown
amount of fill to the rear of the property. Staff discovered the applicant placed the
fill on the property without approval. They were placed in violation and this
application is to correct this violation.
2) The owner of record for this property is Jolley Associates.
3) This property at 977 Shelburne Road lies within the Commercial 1 District. It is
bounded on the north by K-Mart Plaza, on the west and south by Hannaford
Plaza, and on the east by the Shelburne Road.
4) This property has a 60' r.o.w. for a proposed city street to connect Hannaford
Plaza with the K-Mart Plaza.. The recent approval of the Lowe's store requires
construction of this street through the 60' r.o.w.
5) Fill: Staff requests the fill within the City's 60' r.o.w. should be removed and
returned to pre -fill conditions and so noted on the site plan. Staff also requests
submission of a plan for the rehabilitation of the site at the conclusion of the
operations, including grading, seeding and planting.
6) Other: The applicant should provide the amount of fill placed on the property.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves site plan application #SP-02-08 and miscellaneous use application #MS-02-01
of Jolley Associates to amend a previously approved site plan consisting of a
convenience store with gas sales. The amendment consists of adding an undetermined
amount of fill to the rear of the lot, as depicted on a plan entitled "S. B. Collins Shelburne
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) The 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 plan shall be submitted to the Director prior to permit issuance.
a) The plan shall be revised to show the city's 60' r.o.w. at pre -fill conditions
illustrating the removal of fill from the r.o.w.
b) The plan shall be revised to indicate the amount of fill placed on the property.
3) Prior to issuance of a zoning permit, the applicant shall submit 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.
4) 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.
5) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer upon completion of the rehabilitation.
6) Any change to the site plan shall require approval by the South Burlington Development
Review Board.
C Clerk Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued The fee is
$150.00. If you 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).
III