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HomeMy WebLinkAboutSD-12-05 - Decision - 1000 Shelburne Road#SD-12-05 CITY OF SOUTH BURLINGTON NEW ENGLAND FEDERAL CREDIT UNION PRELIMINARY & FINAL PLAT APPLICATION #SD-12-05 FINDINGS OF FACT AND DECISION New England Federal Credit Union, hereafter referred to as the applicant, is requesting preliminary and final plat approval for a planned unit development to: 1) raze an existing office building, and 2) construct a 3,920 sq. ft. drive-in bank facility, 1000 Shelburne Road. The Development Review Board held public hearings on March 6 and March 20, 2012. Jeff Olesky represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. New England Federal Credit Union, hereafter referred to as the applicant, is requesting preliminary and final plat approval for a planned unit development to: 1) raze an existing office building, and 2) construct a 3,920 sq. ft. drive-in bank facility, 1000 Shelburne Road. 2. The owner of record of the subject property is New England Federal Credit Union. 3. The application was received on February 9, 2012. 4. The subject property is located in the C1-R15 Commercial Zoning District. 5. The plans submitted consist of an 11 page set of plans, page one (1) entitled "Plat of Survey New England Federal Credit Union 1000 Shelburne Road South Burlington, Vermont", prepared by Civil Engineering Associates, and dated 2/9/12. Zo ing District & Dimensional Requirements 4 Min. Lot Size 40,000 SF No change � Max. Building Coverage 40% 15.29/. � Max. Overall Coverage 70% 61.9% #Min. Front Setback Shelburne Road 50 ft. 33.5 ft. � Min. Front Setback Laurel Hill Drive 30 ft. 30 ft 4 Max Front Yard Coverage Shelburne Rd 30% 24.1 % #Max Front Yard Coverage Laurel Hill 30% 31.6% 4 Min. Side Setback 10 ft. 10 ft. Zoning Compliance C1Users\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD 12 05 1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 + Pre-existing non-compliance. The Board finds that it is amendable to a reduced setback in order to foster a building better oriented to the street and further from the adjacent residential neighborhood. Therefore, the applicant is seeking a front yard setback of 16.5 feet. The existing front yard coverage along Laurel Hill Drive is 45.5%. The applicant is proposing to reduce this to 31.6%. The Board has expressed that they are in favor of this request. The applicant has brought the coverage from 45.5% to 31.6%. The Board grants a front yard coverage waiver along Laurel Hill Drive such that 31.6% coverage is permitted. The proposal is for a commercial building in a commercial zone adjacent to a residential zone. As such, Section 3.061 of the South Burlington Land Development Regulations applies: 1. Buffer Strip for Non -Residential Uses Adjacent to Residential District Boundaries. (1) Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary of a residential district, or where an existing non-residential use, structure or parking area that is adjacent to or within fifty (50) feet of the boundary of a residential district is proposed to be expanded, altered or enlarged, the required side or rear setback shall be increased to sixty-five (65) feet. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be. . landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area. (2) The Development Review Board may permit new or expanded nonresidential uses, structures and/or parking areas, and new external light fixtures, within the setback and/or buffer as set forth in (1) above, and may approve a modification of the width of the required setback and/or landscaped buffer as set forth in (1) above. In doing so the DRB shall find that the proposed lighting, landscaping and/or fencing to be provided adjacent to the boundary of the residential district will provide equivalent screening of the noise, light and visual impacts of the new non-residential use to that which would be provided by the standard setback and buffer requirements in (1) above. However in no case may the required side or rear setback be reduced below the standard requirement for the zoning district in which the non-residential use is located. The Board has reviewed this application with respect to these criteria. The proposed building meets the 65 foot setback as prescribed. The applicant is proposing 15 feet of landscaped area. The Board finds that the species proposed will meet the level of planting density required upon planting. A fence is proposed. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: 2 CAUsers\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD_12_05_1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. The Water Department has reviewed the plans but has no comments for this redeveloped site. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The City Engineer has reviewed the plans and has the following comments: • C1.1 — The relocated mailbox shall be located no closer than one foot to the sidewalk to allow for winter maintenance operations. • C1.1 — All work within the Laurel Hill Drive ROW is subject to an Excavation Permit from Public Works. • C1.1 — The proposed saw cut into Laurel Hill drive shall be a minimum of 24" off the existing curb line to ensure proper backfill and compaction. • C2.0 — Replacement of Existing Pavement Detail — Any pavement restoration within the Laurel Hill Drive ROW shall be done in lifts of 1 '/2" Type IV and 2'/2" Type ll, minimum. • C2.0 — Transition Curb Detail — The maximum reveal at the end of the transition slope shall be '/2". • C2.0 — Sidewalk Detail — The gravel sub base shall be 12". The applicant shall adhere to the comments of the City Engineer. Where necessary, the plans shall be revised to reflect the changes required. The proposed building is smaller than the existing building. Based on calculations provided by the applicant, the new building will require less wastewater capacity than the existing building. No additional capacity is requested or needed. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 2. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. CAUsers\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD 12 05 1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 Access to the subject lot is proposed via one two -directional curb -cut off of Laurel Hill Drive. This curb cut is approximately 24 feet wide. This is a proposed consolidation of what are currently two similarly sized curb cuts on Laurel Hill Drive. The Board is pleased with this consolidation. As a result of the curb -cut consolidation, the applicant is proposing to extend the existing 5 foot sidewalk across the newly closed area and also to be extended on the other side of the new entrance, to terminate at the property line. The proposed use is for a bank with two lanes of drive -through service. As such, and pursuant to Section 5.01 F (2) of the SBLDRs: Applications for a drive -through facility shall be subject to conditional use review and the following restrictions at minimum: (a) Compliance with Traffic Overlay District provisions, if applicable. (b) Compliance with an approved access management plan providing for curb cut consolidation and secondary access. (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. The access to the subject property is not within the traffic overlay district and its provisions are not applicable. The plans propose curb -cut consolidation through the elimination of one curb -cut. The applicant has submitted an analysis of stacking lane and aisle width for the anticipated use of the drive -through facilities. There is space for the queuing of 9 vehicles. Based on this study, the maximum demand at any one time would be lower than this, and no more than 23 vehicles are expected to utilize the drive through area in any one hour. The subject property currently provides informal two -directional access to the adjacent property to the south. The Board requires formalization of this agreement in furtherance of the City's stated goals of connections between parcels (13.01 F of the SBLDRs): F. Access Management Requirements. It is the intent of the City to minimize traffic and pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways and by minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must make an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that connection, the applicant must provide an easement to do so in the future when circumstances may change. This driveway connection or easement should be located where the vehicular and pedestrian circulation is most feasible. The Board finds that the applicant shall provide a formal access agreement with the property to the south, providing for shared access, maintenance and repair and which will be recorded in the land records. S CAUsers\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD 12 05 1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 3. The applicant shall record a shared access agreement providing for access, maintenance and repair of the shared driveway to be executed by the applicant and the owner of the adjacent property to the south. Prior to execution and recording the shared access agreement, it shall be reviewed and approved by the City Attorney. As the use of the subject property will be changing from a combined general office/walkup (estimated 66.66 pm peak vehicle trip ends) bank to a drive through facility (estimated 101.2 pm peak vehicle trip ends), the proposed use is estimated to generate an additional 34.54 pm peak hour trip ends. The applicant shall pay traffic impact fees based on this increase. The change in use is estimated to generate an additional 34.54 pm peak hour trip ends. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There are no wetlands, streams, or wildlife habitat on the site. The subject property is in a dense, urban area and is not identified on the Open Space Strategy. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed building is compatible with surrounding and planned development patterns along the commercial corridor of Shelburne Road. The subject property does abut a residential neighborhood. This has been addressed elsewhere in this report. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. There are no open space areas on the site. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The Fire Chief has reviewed the plans and provided comments in a memo dated March 5, 2012. The applicant shall adhere to the comments of the South Burlington Fire Chief per the letter dated March 5, 2012. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. The plans provide a safe access to Laurel Hill Drive via the consolidated access drive. The Board has already addressed the need for a formalized access to the abutting property (hotel) to the south. 5 C:\Users\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD 12 05 1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The City Engineer has reviewed the plans and provided comments. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Board finds that the proposed project and PUD is in conformance with the South Burlington Comprehensive Plan. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A) (6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: 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 movement, and adequate parking areas. These criteria require especially thorough and scrupulous review when applied to drive-in facilities. The Board has worked with the applicant throughout the design process to work towards a plan which meets these criteria to the strictest possible standard. The Board is supportive of the safe and accessible pedestrian provisions. The drive -through entrance begins immediately upon entering the site. The exit from the drive -through has a clear line of sight of the parking area. A walkway is provided to the southern edge, allowing most of the parked vehicles direct access to the building without crossing the parking lot or drive lane. The entrance on the east side of the building was relocated so as to be closest to this concrete sidewalk. Where sidewalks are not possible, a striped crosswalk is provided at the furthest point from the drive through exit. A paved sidewalk accesses the building from the sidewalk along Shelburne Road, providing for pedestrian access from the busiest fagade. This does not currently exist. Based on 3,920 square feet of drive -through bank use, the proposed building will require 23 parking spaces. 22 parking spaces are provided on site. Therefore, the applicant is requesting a parking waiver of 1 space, or 4.3%. The Board supports this waiver. The bank is a small neighborhood bank, serviced by the most accessible public transportation route in the City. It is also located in a dense area and likely to be patronized by pedestrians and employees in the area who will not require parking spaces. The Board finds that the parking on site will be more than adequate. The Board grants parking waiver request of 1 space or 4.3%. Chapter 14.06 of the South Burlington Land Development Regulations states the following 0 CAUsers\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD 12 05 1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be re- used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, (u) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas located to the side of building(s) at the building line shall not exceed one half of the width of all building(s) located at the building line. Parking approved pursuant to 14.06(B) (2) (b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. The proposed parking is in full compliance with these standards. Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. A bicycle rack is shown on the plans. 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 buildings. The scale of the proposed buildings is compatible with the site and existing buildings in the area. The height of the proposed building is 24', which is well under the 35' height maximum for the district. 7 CAUsers\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD_12_05_1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 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. 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 applicant has submitted architectural details as part of this application. The Board has reviewed these with respect to these criteria. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: 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. This report has already addressed the issue of the connection between this property and the lot to the south through a shared access agreement that will be recorded after review and approval by the City Attorney. 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. All dumpsters and other facilities to handle solid waste, including compliance 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). The plans depict proposed dumpsters and recycling facilities, adequately screened Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. C:\Users\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD 12 05 1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans should show snow storage areas for the subject property. The plans depict snow storage areas. Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. Based on $1,000,000 in construction costs, the minimum landscaping budget shall be $17,500. The applicant is proposing $19,375 in new trees and shrubs. The City Arborist has stated that he has no comments on the plans. Lighting Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more than 30' above ground level and the maximum illumination at ground level shall not exceed an average of three (3) foot candles. Pursuant to Appendix A.10 (b) of the Land Development Regulations, indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average. All lighting shall be shielded and downcast Phasing/Construction The Board has discussed phasing of the project and plans for access to the site and adjacent site during construction. The applicant is proposing the use of a temporary ATM facility during site construction and has submitted a letter to the Board detailing their phasing plans. Per testimony from the applicant, the phasing plan includes: • Utilizing the western curb cut from Laurel Hill Drive for construction vehicles only; • Initial construction work would be limited to the building demolition and reconstruction; • During building demolition and reconstruction, the eastern curb cut will remain open to service both a temporary ATM and the access to the adjacent property. • A fence will separate the construction area from the ATM/access area an be located between the two curb cuts; • At such time as non -building site improvements are conducted (parking lot and landscape work), all entrances will be closed. The applicant anticipates this will take approximately 2 months. The Board requires that: • There is sufficient temporary parking for the proposed temporary ATM; • The temporary ATM is removed prior to issuance of a certificate of occupancy for the new building. • The access to the adjacent property remains open for as long as site conditions safely allow (ie- under the plan proposed by the applicant and outlined above). • The applicant shall notify the adjacent hotel with as much advance notice as possible as go CAUsers\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD_12_05_1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 to when the access will be closed for construction. • Access to the adjacent property is re -opened at such time as the new bank opens. DECISION Motion by Roger Farley, seconded by Bill Stuono, to approve Preliminary and Final Plat Application #SD-12-05 of New England Federal Credit Union, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The Board grants a front yard setback waiver along Shelburne Road of 16.5 feet. 4. The applicant has brought the coverage from 45.5% to 31.6%. The Board grants a front yard coverage waiver along Laurel Hill Drive such that 31.6% coverage is permitted. 5. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the change in use will generate an additional 34.54 vehicle trip ends during the P.M. peak hour. 6. The Board grants parking waiver request of 1 space or 4.3%. 7. All lighting shall be shielded and downcast. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 9. The applicant shall adhere to the comments of the South Burlington Fire Chief per the letter dated March 5, 2012. 10. There must be sufficient temporary parking for the proposed temporary ATM. 11. The temporary ATM shall be removed prior to issuance of a certificate of occupancy for the new building. 12. The access to the adjacent property (hotel located to the south) shall remain open during building demolition and reconstruction. It shall remain open as long as the temporary ATM remains accessible. 13. The applicant shall notify the adjacent hotel with as much advance notice as possible as to when the access will be closed for construction of the parking lot area. 14. Access to the adjacent property shall be re -opened at such time as the new bank opens. I1 CAUsers\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD_12_05_1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 15. The applicant shall adhere to the comments of the City Engineer. Where necessary, the plans shall be revised to reflect the changes required. • C1.1 — The relocated mailbox shall be located no closer than one foot to the sidewalk to allow for winter maintenance operations. • C1.1 — All work within the Laurel Hill Drive ROW is subject to an Excavation Permit from Public Works. • C1.1 — The proposed saw cut into Laurel Hill drive shall be a minimum of 24" off the existing curb line to ensure proper backfill and compaction. • C2.0 — Replacement of Existing Pavement Detail — Any pavement restoration within the Laurel Hill Drive ROW shall be done in lifts of 1 '/2" Type IV and 2 '/2" Type ll, minimum. • C2.0 — Transition Curb Detail — The maximum reveal at the end of the transition slope shall be '/z". • C2.0 — Sidewalk Detail — The gravel sub base shall be 12". 16. Prior to obtaining a zoning permit, the applicant shall provide a shared access agreement for access, maintenance and repair of the shared driveway to be executed by the applicant and the owner of the adjacent hotel property. The shared access agreement shall be reviewed and approved by the City Attorney, executed by the parties and recorded prior to issuance of the zoning permit. 17. The plat shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. a. The plans shall be revised to indicate that the entrance to the adjacent property to the south will remain open except where allowed in this decision. 18. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 19. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use and occupancy of the new building. 20. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 21. The final plat plan (survey plat and sheet C1.1) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. 22. The mylar shall be recorded prior to permit issuance. 23. Prior to permit issuance, the applicant shall post a $17,500 landscaping bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 11 C:\Users\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD_12_05_1000ShelburneRd_NEFCU_prelimFinal_ffd.doc #SD-12-05 Tim Barritt— yea/nay/abstain/not present Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present Roger Farley — vea/nay/abstain/not present Michael Sirotkin — vea/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by a vote of 5- 0 - 0 Signed this 2nd day of May 2012, by Digitally signed by Mark C. Behr Mark C Behr em cn=MarkC Behr,o, ,c email=mark@rhbpccom=US Date: 2012.05.02 11:18:42-04'00' Mark Behr, Chairman 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://vermontaudiciary.org/GTC/environmental/default.aspxx for more information on filing 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. 12 CAUsers\Mark\Documents\South Burlington DRB\3.20.12 Meeting Decisions\SD_12_05_1000ShelburneRd_NEFCU_prelimFinal_ffd.doc