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Home My WebLink AboutBATCH - Supplemental - 0050 Berkley StreetCITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD \drb\misc\gay\conditional_use_amend.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: April 13, 2005 Plans received: March 25, 2005 CONDITIONAL USE APPLICATION #CU-05 08 ACCESSORYAPARTMENT — 50 BERKLEY STREET Agenda #3 Meeting date: April 19, 2005 Owner/Applicant Property Information Michael and Christine Gay Tax Parcel 0210-00050-R 50 Berkley Street R4 District South Burlington, VT 05403 8,970 square feet Location Map T , cnj b -a t CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrblmisclaavlconditional use amend.doc Michael and Christine Gay, hereafter referred to as the applicants, are seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to construct a 448 square -foot accessory residential unit, 50 Berkley Street. The applicant received approval for a 436 square -foot accessory residential unit on March 15, 2005 (minutes enclosed). However, the measurements of the existing dwelling unit that were submitted were not accurate. This application is essentially for re -approval of the same project; however, the proposed accessory unit will be 448 square feet. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plan submitted on March 25, 2005, and have the following comments. ACCESSORY RESIDENTIAL UNITS Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence may be permitted by the DRB in accordance with Article 14, the Conditional Use criteria and the following additional criteria: (a) With the exception of lots in R1, R2, and SEQ Districts that are one-half (1)2) acre or greater in area, occupancy of the accessory residential unit is restricted to not more than two persons, one of whom is either (i) related by blood, marriage, or adoption to the owner of the primary single-family residence, or (ii) is disabled as defined in subdivision 252(2) of Title 18, or (ifi) is at least 55 years of age. 1. The applicant shall target a person who meets one of the above -mentioned requirements. (b) On lots that are one-half (112) acre or greater in size in the R1, R2 and SEQ districts, occupancy of the accessory residential unit is restricted to not more than two persons and no additional restrictions shall apply. This criterion does not apply to the subject property. (c) Floor space of the accessory residential unit shall not exceed 600 square feet or 30% of the gross floor area of the original dwelling unit, whichever is less. The existing single-family dwelling unit is 1,500 square feet. The applicant is proposing to dedicate 448 square feet to the accessory dwelling unit, which is exactly 29.9% of the existing gross floor area. C t CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\cavlconditional use amend.doc (d) Maximum occupancy of the accessory residential unit shall be two persons. 2. The maximum occupancy of the accessory residential unit shall be two persons. (e) The principal dwelling shall be owner -occupied. 3. The principal dwelling shall be owner -occupied. (t) No exterior alteration, other than the entranceways and other alterations required by the Vermont building code are made to the principal dwelling. The applicant did not indicate that any alterations were being made to the existing dwelling unit, other than an addition to the rear of the existing dwelling unit for the accessory residential unit. (g) No exterior entrance or other alterations shall be made to the front of the original dwelling. The front of the existing dwelling will remain unchanged. (h) Public water and sewer shall be provided to all residences on the lot The existing dwelling unit is currently served by municipal sewer and water. (i) No home occupation shall be conducted in an occupied accessory apartment 4. No home occupation shall be conducted in an occupied accessory apartment. (j) One additional off-street parking space shall be provided on the same lot The existing dwelling unit has a two -car garage and a paved driveway, which is sufficient to satisfy this requirement. The applicant has specifically identified an area on the property that can accommodate an additional vehicle. (k) A zoning permit shall be required for each accessory apartment. Prior to constructing the accessory apartment, the applicant shall obtain a zoning permit from the Administrative Officer. CONDITIONAL USE CRITERIA 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. According to the South Burlington Comprehensive Plan, residential neighborhoods CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\gav\conditional use amend.doc should be protected from incompatible commercial encroachment and traffic adherence. In addition, the Plan states that the City should consider increasing the residential densities in areas that are planned for residential use. The proposed accessory residential unit will be consistent with the plan character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. According to Section 4.03(A) of the South Burlington Land Development Regulations, the Residential 4 District is hereby formed in order to encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. Staff feels the proposed accessory residential unit conforms to the stated purpose of the R4 District. 3. The DRB must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. Educational facilities will not be affected, as the accessory apartment will be occupied by no more than two individuals. In addition, staff does not believe that the accessory apartment will adversely affect other municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. Staff believes that the proposal is in keeping with residential uses on surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The addition of one or two residents will have negligible affects on traffic in the vicinity. (d) Bylaws in effect The proposed project is in keeping with regulations, provided the applicant obtains water and sewer allocation. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (f) General public health and welfare Staff does not believe that the proposed accessory apartment will have an adverse affect on general public welfare. LI CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\gaylconditionai use amend.doc Staff recommends that the Development Review Board approve Conditional Use application #CU- 05-06, subject to the applicant complying with the numbered items in the "comments" section of this document. Respectfully submitted, lb6an Rob on, Associate Planner Copy to: Michael and Christine Gay, Applicants A DEVELOPMENT REVIEW BOARD 15 MARCH 2005 Mr. Fay said they will be adding a cold storage maintenance type building. There is also an electrical upgrade with 2 transformers being replaced to be more reliable. Mr. Belair said the only issue involves a landscaping credit. Staff is recommending this as a brick wall will serve as a screen, and there is landscaping in front of the wall. Mr. Boucher moved to approve Preliminary Plat 9SD-05-13 and Final Plat #SD-05-14 of Champlain Water District subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion passed unanimously. 4. Public Hearing: Application #CU-05-01 of Michael & Christine Gay seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to construct a 436 sq. ft. accessory residential unit, 50 Berkley Street: Mr. Gay indicated he was aware of the restrictions regarding the use of the accessory unit. Mr. Dinklage asked about parking. Mr. Gay said his mother doesn't drive. Mr. Dinklage said since the unit will continue to exist in the future, there may be a driver in it. Mr. Gay indicated he could widen the driveway to accommodate another vehicle. Mr. Dinklage explained that the city doesn't want cars all over lawns and with the upcoming changes in accessory uses, there will be more problems. The Board will insist on space to park 3 vehicles. Stipulation #8 was added to approval motion to read as follows: The Site Plan shall be revised to show an additional parking space and the entry way and stairs to the new unit. Mr. Boucher then moved to approve Application 9CU-05-01 of Michael & Christine Gay subject to the stipulations in the draft motion as amended above. Ms. Quimby seconded, Motion passed unanimously. Public Clearing: Preliminary Plat Application #SD-05-09 and Final Plat application #SD-05-10 of Ralph Deslauriers, Jr. & John Larkin to amend a previously approved three lot subdivision. The amendment consists of subdividing a 15.67 acre parcel into four lots ranging in size from 1.85 acres to 4.53 acres, 360 Spear Street: Mr. McClellan said they are finalizing what they have been proposing all along. He showed the original subdivision and said nothing will change about infrastructure, etc. Mr. Deslauriers noted that the owner of record is Cupola Golf Course, Inc. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNEgG & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 5, 2005 Michael & Christine Gay 5o Berldev Street South Burlington, VT 05403 Re: Minutes Dear Mr. & Mrs. Gay: Enclosed, please find a copy of the minutes from the April 19, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough h Administrative Assistant Encl. 4 ,f d SIGN IN SHEET MEETING: DATE PLEASE PRINT CLEARLY!M! NAME ADDRESS PROJECT OF INTEREST A av-, 4:1 n, 4, T,40yma ftj)�O�� LOotn-tss �47-ilule- i4iyA 54,1 �N C2 DEVELOPMENT REVIEW BOARD 19 April 2005 The South Burlington Development Review Board held a regular meeting on Tuesday, 19 April 2005, at 7:30 p.m., in the Conference Room, City Ball, 575 Dorset St. Members Present: J. Dinklage, Chair; C. Bolton, L. Kupferman, G. Quimby, R. Farley Also Present: R. Belair, Administrative Officer; B. Robertson, Associate Planner; M. Gay, N. Muckiow, S. & R. Precourt, L. Bresee, D. Scheuer, D. Wetzel, B. Cimonetti, D. Burke, D. Greller, S. McIntyre, D. Hewitt, S. Chase, D. Marshall, O. Filleukor, G. Durckel, E. Thomas, L. Dore 1. Other Business: Mr. Belair corrected applications numbers for 3 agenda items. Mr. Belair also asked members if they wished to meet on 17 May which is election day in South Burlington. Members had no problem meeting that night. Mr. Dinklage noted the City Council had appointed a new Board member, Mark Behr, to replace Ms. Kupe.rsmith. 2. Minutes of 8 February (,point and regular meetings), 15 February and 5 April 2005: Mr. Kupferman moved to approve the Minutes of the regular meeting of 8 February as written. Ms. Quimby seconded. Motion passed 4-0 with Mr. Dinklage abstaining. Ms. Quimby moved to approve the Minutes of the joint meeting of 8 February as written. Mr. Farley seconded. Motion passed 4-0 with Mr. Dinklage abstaining. Mr. Kupferman moved to approve the Minutes of 15 February as written. Mr. Farley seconded. Motion passed 4-0 with Ms. Quimby abstaining. The minutes of 5 April could not be acted upon as there was not a quorum of those present at that meeting. QPublic Bearing: Application #CU-05-06 of Michael & Christine Gay seeking conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to increase the size of a previously approved accessory residential unit from 436 sq. ft. to 450 sq. ft., 50 Berkley Street: Mr. Gay said he had mismeasured. Mr. Belair said staff had no issues with the request. DEVELOPMENT REVIEW BARD 19 April 2005 Mr. Kupferman moved to approve Application #CU-05-06 of Michael & Christine Gay subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion passed unanimously. 4. Public Hearing: Final Plat Application #SD-05-22 of Ted Chamberlain to amend a previously approved planned unit development consisting of: 1) a 16,000 sq. ft. temperature controlled storage facility, and 2) 35,850 sq. ft. of warehousing, storage, and distribution in eight buildings. The amendment consists of constructing a 16,000 sq ft of additional storage space in the temperature controlled storage facility by adding a second floor within the building, 123 Nesti Drive: Mr. Belair noted that staff had not realized there was a second floor, so there are changes to parking and traffic. No other issues were raised. Mr. Kupferman moved to approve Final Plat Application #SD-05-22 of Ted Chamberlain subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion passed unanimously. 4. Public Hearing: Preliminary Plat Application #SD-05-25 and Final Plat Application #SD-05-06 of Precourt Investment Co, LLC, to amend a previously approved planned unit development consisting of two buildings of 9800 sq ft and 3900 sq ft for a multiple number of tenants for a multiple number of uses. The amendment consists of expanding the PUD by incorporating the adjacent 1.01 acre parcel with an existing 4500 sq ft building approved for a short order restaurant and retail uses at 1150 Williston Road into the existing 4.99 acre PUD, 1160 & 1174 Williston Road: Mr. Belair noted this is an approval just for the subdivision. Mr. Belair also noted that in stipulation 46, last line. the 324 vehicle trip ends is a corrected number. Mr. Kupfernan moved to approve Preliminary Plat #SD-05-25 and Final Plat #SD-05-06 of Precourt Investment Co, LLC, subject to the stipulations in the draft motion as noted above. Ms. Quimby seconded. Motion passed unanimously. 5. Continued Public Hearing: Preliminary Plat Application 4SD-04-55 of South Village Communities, LLC, for a planned unit development of Phase I consisting of 150 residential units & a 100-student educational facility, of a 334 residential unit project, 1840 Spear Street: Mr. Marshall said they will need a continuance to deal with all the information requested by staff. He noted this application is for the "Village Neighborhood" only. -2- CITI' OF SOUTH BURI,INGTOIV DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 28, 2005 Michael & Christin Gay 5o Berkley Street South Burlington, VT 05403 Re: Conditional Use Applications - #CU-05-o6 Dear Mr. & Mrs. Gay: 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 4/19/05 (effective 4/19/05). 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. In addition, the applicant shall obtain a Certificate of Occupancy prior to use of this structure. If you have any questions, please contact me. Sincerely, �1 Betsy McDon ugh, Administrative Assistant Encl. C CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH EURL11',1GTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 20, 2005 Michael & Christine Gay 50 Berkley Street South Burlington, VT 05403 Re: Conditional Use Application #CU-05-06 Dear Mr. Solai: 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 4/19/05 (effective 4/19/05). 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 McDonough Administrative Assistant Encl. Certified Mail- Return Receipt Requested - #7003 3110 0001 3598 5299 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 15, 2005 Michael Gay 5o Berkley Street South Burlington, VT 05403 Re: 5o Berkley Street Dear Mr. Gay: 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, April 19, 2005 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. l DEPARTMENT OF PLANNE'gG & ZONWG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit # C (4 - o<_0 6 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 the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation ( .) Request for a conditional use ( ) Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): &//A WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? 1) OWNER qF RECORD (Name as PV shown on deed, ma�ing address, phone & fax #): So S-t —_'n , `-_�>'-C . o'g y 0,3 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT name, mailing address, phone and fax #) C'..cis r l-sFerl-f Sk �0 wt I . k!T . 0 Sqn 3 l 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above)): 5) PROJECT STREET ADDRESS: sn S4. so. Y3t1L:[ U l 6) TAX PARCEL ID # 7) PROJECT DESCRIPTION oo05C7—I� A. Existing Uses on Property (including description and size of each separate use): �3 C dt'- c1_ti1ij - B. Proposed Uses on Property (include description and size of each new use and C. Total building square footage on property (proposed buildings & existing building to remain): D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify, if basement & mezza ine): J 710 E. Number of reside tial Units (jf applicable, new units & existing units to remain): � r F. Number of employees & vs. non -office employees): vehicles (existing & proposed, note office G. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): 8) LOT COVERAGE A. Total parcel size: Sq. Ft. B. Buildings: Existing _ Proposed Sq. Ft Sq. Ft. C. Overall impervious coverage (building, parking, outside storage, etc) Existing % / Sq. Ft. Proposed % / Sq. Ft. 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): $ 51 Did B. Landscaping $ �� O S-0 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): rG 11) PEAK HOURS OF OPERATION i 12) PEAK DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DA 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): -V�Cktl'e ) st CIltx,wL 6 ur L r j�l�.otsC a I I hereby certify that all the information requested as part of this application has been submitted and is accurate the b of my knowledge. 1 it HIC. SIGNA(TIJRH.OF GNATURE OF Do not write below this line DATE OF SUBMISSION: 3 / a ,)- REVIEW AUTHORITY: 2/Development Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be: ,E' COMPLK- E ❑ Incomplete of Planning & Zoning or Designee ( EXHIBIT A SITE PLAN The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (11 " 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. o Lot drawn to scale (20 feet scale if possible). o Survey data (distance and acreage). o Contours (existing and finished). o Proposed landscaping schedule (number, variety, and size) as required in Section 13.06(G) of the Land Development Regulations. o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. o Existing and proposed curb cuts, pavement, walkways. o Zoning boundaries. o Number and location of parking spaces (as required under Section 13.01(b) of the Land Development Regulations). o Number and location of handicapped spaces (as required under Section 13.01(I) of the Land Development Regulations). o Location of septic tanks (if applicable). o Location of any easements. o Lot coverage information: Building footprint, total lot, and front yard. o North arrow. o Name of person or firm preparing site plan and date. o Exterior lighting details (cut sheets). All lights should be down casting and shielded. o Dumpster locations (dumpsters must be screened). o Bicycle rack as required under Section 13.01(G)(5) of the Land Development Regulations. o If restaurant is proposed, provide number of seats and square footage of floor area provided for patron use but not containing fixed seats. APPLICATION FEE E Appeal of Administrative Officer $ 110.00* ❑ Conditional Use $ 135.00* ❑ Miscellaneous $ 85.00* E Variance $ 135.00* *includes $10.00 recording fee 1 No Text • e CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD \drb\misc\gay\conditional_use amend.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: April 13, 2005 Plans received: March 25, 2005 CONDITIONAL USE APPLICATION #CU-05-06 ACCESSORYAPARTMENT — 50 BERKLEY STREET Agenda #3 Meeting date: April 19, 2005 Owner/Applicant Property Information Michael and Christine Gay Tax Parcel 0210-00050-R 50 Berkley Street R4 District South Burlington, VT 05403 8,970 square feet Location Map CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misckaav\conditional use amend.doc Michael and Christine Gay, hereafter referred to as the applicants, are seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to construct a 448 square -foot accessory residential unit, 50 Berkley Street. The applicant received approval for a 436 square -foot accessory residential unit on March 15, 2005 (minutes enclosed). However, the measurements of the existing dwelling unit that were submitted were not accurate. This application is essentially for re -approval of the same project; however, the proposed accessory unit will be 448 square feet. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plan submitted on March 25, 2005, and have the following comments. ACCESSORY RESIDENTIAL UNITS Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence may be permitted by the DRB in accordance with Article 14, the Conditional Use criteria and the following additional criteria: (a) With the exception of lots in R1, R2, and SEQ Districts that are one-half (112) acre or greater in area, occupancy of the accessory residential unit is restricted to not more than two persons, one of whom is either (i) related by blood, marriage, or adoption to the owner of the primary single-family residence, or (ii) is disabled as defined in subdivision 252(2) of Title 18, or (fii) is at least 55 years of age. 1. The applicant shall target a person who meets one of the above -mentioned requirements. (b) On lots that are one-half (112) acre or greater in size in the R1, R2 and SEQ districts, occupancy of the accessory residential unit is restricted to not more than two persons and no additional restrictions shall apply. This criterion does not apply to the subject property. (c) Floor space of the accessory residential unit shall not exceed 600 square feet or 30% of the gross floor area of the original dwelling unit; whichever is less. The existing single-family dwelling unit is 1,500 square feet. The applicant is proposing to dedicate 448 square feet to the accessory dwelling unit, which is exactly 29.9% of the existing gross floor area. C C CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING kdrb\mis0aavlconditional use amend.doc (d) Maximum occupancy of the accessory residential unit shall be two persons. 2. The maximum occupancy of the accessory residential unit shall be two persons. (e) The principal dwelling shall be owner -occupied. 3. The principal dwelling shall be owner -occupied. (0 No exterior alteration, other than the entranceways and other alterations required by the Vermont building code are made to the principal dwelling. The applicant did not indicate that any alterations were being made to the existing dwelling unit, other than an addition to the rear of the existing dwelling unit for the accessory residential unit. (g) No exterior entrance or other alterations shall be made to the front of the original dwelling. The front of the existing dwelling will remain unchanged. (h) Public water and sewer shall be provided to all residences on the lot The existing dwelling unit is currently served by municipal sewer and water. (i) No home occupation shall be conducted in an occupied accessory apartment 4. No home occupation shall be conducted in an occupied accessory apartment. (j) One additional off-street parking space shall be provided on the same lot The existing dwelling unit has a two -car garage and a paved driveway, which is sufficient to satisfy this requirement. The applicant has specifically identified an area on the property that can accommodate an additional vehicle. (k) A zoning permit shall be required for each accessory apartment. Prior to constructing the accessory apartment, the applicant shall obtain a zoning permit from the Administrative Officer. CONDITIONAL USE CRITERIA 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. According to the South Burlington Comprehensive Plan, residential neighborhoods CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING kir misOnaftonditional use amend.doc should be protected from incompatible commercial encroachment and traffic adherence. In addition, the Plan states that the City should consider increasing the residential densities in areas that are planned for residential use. The proposed accessory residential unit will be consistent with the plan character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. According to Section 4.03(A) of the South Burlington Land Development Regulations, the Residential 4 District is hereby formed in order to encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. Staff feels the proposed accessory residential unit conforms to the stated purpose of the R4 District. 3. The DRB must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. Educational facilities will not be affected, as the accessory apartment will be occupied by no more than two individuals. In addition, staff does not believe that the accessory apartment will adversely affect other municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. Staff believes that the proposal is in keeping with residential uses on surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The addition of one or two residents will have negligible affects on traffic in the vicinity. (d) Bylaws in effect. The proposed project is in keeping with regulations, provided the applicant obtains water and sewer allocation. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (t) General public health and welfare Staff does not believe that the proposed accessory apartment will have an adverse affect on general public welfare. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Wb\miscloaftonditional use amend.doc Staff recommends that the Development Review Board approve Conditional Use application #CU- 05-06, subject to the applicant complying with the numbered items in the "comments" section of this document. Respectfully submitted, nan Rob on, Associate Planner Copy to: Michael and Christine Gay, Applicants DEVELOPMENT REVIEW BOARD 15 MARCH 2O05 Mr. Fay.said they will be adding a cold storage maintenance type building. There is also an electrical upgrade with 2 transformers being replaced to be more reliable. Mr. Belair said the only issue involves a landscaping credit. Staff is recommending this as a brick wall will serve as a screen, and there is landscaping in front of the wall. Mr. Boucher moved to approve Preliminary Plat #SD-05-13 and Final Plat #SD-05-14 of Champlain Water District subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion passed unanimously. 4. Public Hearing: Application #CU-05-01 of Michael & Christine Gay seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to construct a 436 sq. ft. accessory residential unit, 50 Berkley Street: Mr. Gay indicated he was aware of the restrictions regarding the use of the accessory unit. Mr. Dinklage asked about parking. Mr. Gay said his mother doesn't drive. Mr. Dinklage said since the unit will continue to exist in the future, there may be a driver in it. Mr. Gay indicated he could widen the driveway to accommodate another vehicle. Mr. Dinklage explained that the city doesn't want cars all over lawns and with the upcoming changes in accessory uses, there will be more problems. The Board will insist on space to park 3 vehicles. Stipulation #8 was added to approval motion to read as follows: The Site Plan shall be revised to show an additional parking space and the entry way and stairs to the new unit. Mr. Boucher then moved to approve Application #CU-05-01 of Michael & Christine Gay subject to the stipulations in the draft motion as amended above. Ms. Quimby seconded. Motion passed unanimously. 5. Public Hearing: Preliminary Plat Application #SD-05-09 and Final Plat application #SD-05-10 of Ralph Deslauriers, Jr. & John Larkin to amend a previously approved three lot subdivision. The amendment consists of subdividing a 15.67 acre parcel into four lots ranging in size from 1.85 acres to 4.53 acres, 360 Spear Street: Mr. McClellan said they are finalizing what they have been proposing all along. He showed the original subdivision and said nothing will change about infrastructure, etc. Mr. Deslauriers noted that the owner of record is Cupola Golf Course, Inc. -2- 1 , CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMOIVT 05403 (802) 846-4106 FAX (802) 846-4101 April 6, 2005 Michael Gay 5o Berkley Street South Burlington, VT 05403 Re: Minutes — 5o Berkley Street Dear Mr. Gay: Enclosed, please find a copy of the minutes from the March 15, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Administrative Assistant Encl. DEVELOPMENT REVIEW BOARD 15 MARCH 2O05 Mr. Fay said they will be adding a cold storage maintenance type building. There is also an electrical upgrade with 2 transformers being replaced to be more reliable. Mr. Belair said the only issue involves a landscaping credit. Staff is recommending this as a brick wall will serve as a screen, and there is landscaping in front of the wall. Mr. Boucher moved to approve Preliminary Plat #SD-05-13 and Final Plat #SD-05-14 of Champlain Water District subject to the stipulations in the draft motion. Ms. Quimby seconded. Motion passed unanimously. 4. Public Hearing: Application #CU-05-01 of Michael & Christine Gay seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to construct a 436 sq. ft. accessory residential unit, 50 Berkley Street: Mr. Gay indicated he was aware of the restrictions regarding the use of the accessory unit. Mr. Dinklage asked about parking. Mr. Gay said his mother doesn't drive. Mr. Dinklage said since the unit will continue to exist in the future, there may be a driver in it. Mr. Gay indicated he could widen the driveway to accommodate another vehicle. Mr. Dinklage explained that the city doesn't want cars all over lawns and with the upcoming changes in accessory uses, there will be more problems. The Board will insist on space to park 3 vehicles. Stipulation 48 was added to approval motion to read as follows: The Site Plan shall be revised to show an additional parking space and the entry way and stairs to the new unit. Mr. Boucher then moved to approve Application #CU-05-01 of Michael & Christine Gay subject to the stipulations in the draft motion as amended above. Ms. Quimby seconded. Motion passed unanimously. 5. Public Hearing: Preliminary Plat Application #SD-05-09 and Final Plat application #SD-05-10 of Ralph Deslauriers, Jr. & John Larkin to amend a previously approved three lot subdivision. The amendment consists of subdividing a 15.67 acre parcel into four lots ranging in size from 1.85 acres to 4.53 acres, 360 Spear Street: Mr. McClellan said they are finalizing what they have been proposing all along. He showed the original subdivision and said nothing will change about infrastructure, etc. Mr. Deslauriers noted that the owner of record is Cupola Golf Course, Inc. -2- ,OST: MEN'S GOLD CHAIN v/St. Christopher's medal. Lost rn 3/17 at either Fanny Allen AedicaL offices, The Alpine Shop )r near Quizno's Subs, Taft orners. Reward. 496-6114. ' music for sale ;ELLOS, STRING BASSES, VIO- ,INS, VIOLAS: New and old nstruments, sales, restoration nd repair. Experienced luthiers. aul Perley Cellos, in business ince 1988. 802-229-1501, perteyceL[os@aot.com. )EAN 12-STRING ACOUSTIC uitar: In good condition. Best ffer. 848-525-0960. ENDER STRATOCASTER Early Os 67 reissue. Sunburst, maple eck w/no skunk stripe, large eadstock. Tweed case. $800. 52-8269. ENDER TELECASTER THIN - ENE: Sunburst with maple neck armonic design, bridge pickup. W5. Paul, 877-3893. AMMOND B-3, 122 Leslie, 3mmond Tone cabinet. 1962, l matched Mahogany. Beautiful Fund, excellent condition. i500. 802-888-6977 or Lant@sover.net. LVER ARTLEY FLUTE. Perfect r a beginner flutist. In its iginal case and in good condi- )n. $100. Otis, 660-2714. ARCK PIANO: Good condi- )n. $300. 310-6037. OLIN: Eastman 100. 3/4 size. cellent condition w/case. 50. 985-3701. music instruct. AW HAMMER BANJO: Learn palachian-style pickin' and ummin' Emphasis on rhythm, isicality and technique. 5/hour. Call Mara, 862-3581. IITAR: Berklee graduate with ssical background offers Les - is in guitar, theory and ear ining. Individualized, step-by- p approach. I enjoy teaching ages/styles/levels. Call Rick .ford at 864-7195. f AND CREATIVITY! Classical z and Free Improvisation no lessons. All ages, all lev- William Michael, 802-899- )0 or 355-6234. IVATE GUITAR INSTRUC- IN: Essex Junction. 872-8861 `ranky.andreas@ven'zon.net. music services iMIC HILL RECORDING: )I and production services. rs of experience in writing, ling, recording and produc- e. Dedicated to making your Jc sound great. $25 per hour. -3166. Moretown, VT. 2THERN VERMONT MUSIC :ools Recording Studio, mas- ng services, remote record - Special block rates. CD/DVD lication. Songwriter demos. <ing tracks avail. Call 802- -6446 or http://www.north ,ermontmusic.com. because of my medical reasons. 782-3468. ► photography FEMALE MODELS: 15-35, need- ed for fashion shoots and other projects. No experience needed but models must be attractive and in good shape. Compen- sation in pictures, experience and possible start in modeling industry. Call David Russell Photography, 862-1172 for inter- view or email rusldp@juno.com. ► professional SVCS. AFFORDABLE AUTO REPAIR: Rust, accidents, painting, exhaust, brakes, cooling sys- tems, tune-ups. Free estimates. $30/hour. Call Paul, 658-0302. DAS CONSTRUCTION: Remodeling, additions, siding, roofing, windows, insurance related repairs and more. Compare and save. Please call 878-0454 or363-7147. LAWN CARE: Larrows' Lawn Care. Call Chris, 802-372-5201, leave a message. OFFERING EXPERIENCED CARE: Refs. Avail. weekends, day or night. Call Wendy, 862-1306. ROOMMATES.COM: Browse hun- dreds of online listings with photos and maps. Find your roommate with a click of the mouse! Visit http://www. Roommates.com. (AAN CAN) TWB LAWN CARE Landscaping. Professional and reliable service. Clean ups and weekly service. Residential and commercial. 578-9520. Mention ad for 10% discount. ► stuff wanted LOOKING FOR TICKETS TO TREY Anastasio at Higher Ground, 4/1. Email kpfahey (@snet.net, very serious. ► tutoring SCIENCE TUTOR: 20 years teaching experience. Master's degree. Grades 7-12 and college students. Reasonable rates. 802- 863-8823. ► voice instruction WANTED: VOCAL TEACHER for serious vocal student starting a prof. career. 658-2859. ► volunteers BUILD HISTORIC TIBETAN TEMPLE: Volunteer at Odiyan Buddhist Retreat Center. Bronze casting, construction. Meaning- ful endeavor. Beautiful Califor- nia location. Skills, training, housing, meals, stipend. www. odiyan.org. 707-785-2664. (AAN CAN) WANTED: RAINBOW WOODEN SWING SET. We'll break it down, take it away and pay you for it as well. Call Liz, 802-229-6719. ► legals PUBLIC HEARING SOUTH BURLINGTON DEVEL- OPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, April 19, 2005, at 7:30 P.M. to consider the following: 1. Final plat application #SD-05- 22 of Ted Chamberlain to amend a previously approved planned unit development consisting of: 1) a 16,000 sq. ft. temperature controlled storage facility, and 2) 35,850 sq. ft. of warehousing, storage, and distribution in eight (8) buildings. The amend- ment consists of constructing 16,000 sq. ft. of additional stor- age space in the temperature controlled storage facility by adding a second floor within the building, 123 Nesti Drive. 2. Preliminary plat application #SD-05-23 of S. Burlington School District to amend a previ- ously approved planned unit development for an educational facility consisting of a middle school and high school complex. The amendment consists of: 1) constructing a 15,100 sq. ft. educational facility, 2) con- structing a 1160 sq. ft. addition to the high school cafeteria, and 3) constructing an artificial turf athletic field, 500 & 550 Dorset Street. 3. Preliminary plat application #SD-05-25 and final plat appli- cation #SD-05-26 of Precourt Investment Co, LLC, to amend a previously approved planned unit development consisting of two (2) buildings of 9800 sq. ft. and 3900 sq. ft. for a multiple num- ber of tenants for a multiple number of uses. The amendment consists of expanding the PUD by incorporating the adjacent 1.01 acre parcel with an existing 4500 sq. ft. building approved for a short order restaurant and retail uses at 1150 Williston Road into the existing 4.99 acre PUD, 1160 & 1174 Williston Road. 4. Application #CU-05-06 of Michael & Christine Gay seeking conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to increase the size of a previously approved accessory residential unit from 436 sq. ft. to 450 sq. ft., 50 Berkley Street. PUBLIC NOTICE NOTICE OF ABANDONMENT OF OIL, GAS AND MINERAL LEASE PURSUANT TO 29 V.S.A. §563(g) and (h) 4-111 icua Qauc rdLmer, H. A. Palmer and Mary M. Palmer to 4enderson Oil Company August 5, 1957, and recorded at Book 27 Page 380 Charlotte Land Records. Name and Address of the Person Giving Notice: Clark W. Hinsdale, III 173 State Park Road Charlotte, Vermont 05445 It is presumed that the above Oil and Gas Leases are abandoned. Dated at Vergennes, Vermont, this 25th day of March, 2005. Submitted by: Clark W. Hinsdale, III REQUEST FOR PROPOSALS SOUTH BURLINGTON FIRE DEPARTMENT EXPANSION PROJECT The City of South Burlington is requesting Design -Build propos- als for the Dorset Street Fire Station expansion project. All specifics related to this request are outlined in the Request for Proposal guidance document available from the South Burlington Fire Department. Following a thorough review of the proposals the City intends to select one contractor to con- struct this project during the summer of 2005. The City of South Burlington retains the right to award a contract that is deemed to be in the best inter- est of the City regardless of the cost. For copies of the RFP guid- ance document please contact: Ms. Julie Maxfield South Burlington Fire Department 575 Dorset Street South Burlington, Vermont 05403 Phone: 802-846-4110 STATE OF VERMONT CHITTENDEN COUNTY, S.5 CHITTENDEN SUPERIOR COURT DOCKET NO.50207-05-CnC Mortgage Electronic Registration Systems, Inc. as nominee for CTX Mortgage Company, LLC. Plaintiff v. Michael Brace, Wells Fargo Bank, N.A., and any persons occupying the sub- ject premises of 363 Juniper Drive, South Burlington, Defendants SUMMONS & ORDER FOR PUBLICATION TO THE ABOVE NAMED DEFEW DANT: You are hereby summoned and required to serve upon Grant C. Rees, Esq., plaintiffs attorney, whose address is P.O. Box 403, 156 Battery Street, Burlington, Vermont 05401, an Answer to the Complaint in the above enti- tled action within forty-one (41) days of the first publication of this Summons, which is 3/30/05. The action is a com- plaint and foreclosure which alleges that you have breeched attempts of Promissory Note and Mortgage Deed dated January 17, 2002. Plaintiffs action may affect your interest in real property described in the land records in the City of South Burlington at li1JTlUCT OF CHITTENDEN, SS. PROBATE COURT DOCKET NO. 31062 IN RE THE ESTATE OF DORIS P. MURRAY LATE OF Williston, Vermont NOTICE TO CREDITORS To the creditors of the estate of Doris P. Murray late of Williston, Vermont. I have been appointed a person- al representative of the above named estate. All creditors hav- ing claims against the estate must present their claims in writing within 4 months of the date of the first publication of this notice. The claim must be presented to me at the address listed below with a copy filed with the register of the Probate Court. The claim will be forever barred if it is not presented as described above within the four month deadline. Dated 15 March 2005 Signed Robert J. Perry Address: 3000 Williston Road S.Burlington, VT 05403 Telephone:(802) 863-4558 Name of Publication: Seven Days First Publication Date: March 23, 2005 Second Publication Date: March 30, 2005 Address of Probate Court: Chittenden District Probate Court P.O. Box 511 Burlington, VT 05402 THE CITY OF BURLINGTON DEPARTMENT OF PARKS AND RECREATIONREQUESTS PRO- POSALS FOR LEDDY PARK ARENA, NORTH BEACH, SNACK BAR, CAMPGROUND, MEMORI- AL AUDITORIUM, BURLING- TON COMMUNITY BOATHOUSE, SKATEPARK, SPECIAL EVENTS AND MUNICIPAL OFFICES AT 645 PINE STREET VENDING MACHINE SOFT DRINK CONCESSION The City of Burlington, Depart- ment of Parks and Rec- reation is soliciting proposals from interested vendors for a multi- year service contract to provide soft drinks to the Department's concessions at Leddy Park Arena, North Beach and North Beach Campground, Memorial Auditor- ium, Burlington Community Boathouse, Special Events and vending machines throughout the park system. Requests for Proposal (RFP) are available at the Burlington Parks and Recreation Offices. Deadline for receipt of proposals is 1:00 p.m., April 28, 2005 at 645 Pine Street, Suite B, Burlington, VT 05401. No late proposals will be accepted. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 30, 2005 South Burlington School District Gail Durkel, Superintendent 550 Dorset Street South Burlington, VT 05403 Dear Property Owner: (at� Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. 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 schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONEIiG 575 DORSET STREET SOUR BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 30, 2005 Tom Gravelin 46 Berkley Street South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4lo6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. l CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 21, 2005 Michael Gay 5o Berkley Street South Burlington, VT 05403 Re: Conditional Use Application #CU-05-01 Dear Mr. Gay: 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 3/15/05 (effective 3/18/05). 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, N Betsy Mc onough Administrative Assistant Encl. Certified Mail- Return Receipt Requested — 7004116o 0005 9075 2245 CITY OF SOUTH BURLINGTON DEPARTMENT OF PILANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 25, 2005 Michael Gay 5o Berkley Street South Burlington, VT 05403 Re: 5o Berkley Street Dear Mr. Gay: 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, March 1, 2005 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 DEVELOPMENT REVIEW BOARD \drb\misc\gay\conditional_use.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: February 25, 2005 Plans received: January 26, 2005 CONDITIONAL USE APPLICATION #CU-05-01 ACCESSORYAPARTMENT — 50 BERKLEY STREET Agenda #5 Meeting date: March 1, 2005 Owner/Applicant Property Information Michael and Christine Gay Tax Parcel 0210-00050-R 50 Berkley Street R4 District South Burlington, VT 05403 8,970 square feet Location Map ( f CITY OF SOUTH BURLIN(; TON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 1drblmisdaavlconditiona1 use.doc Michael and Christine Gay, hereafter referred to as the applicants, are seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to construct a 436 square -foot accessory residential unit, 50 Berkley Street. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plan submitted on January 26, 2005, and have the following comments. ACCESSORY RESIDENTIAL UNITS Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence may be permitted by the DRB in accordance with Article 14, the Conditional Use criteria and the following additional criteria: (a) With the exception of lots In R1, R2, and SEQ Districts that are one-half (1)2) acre or greater in area, occupancy of the accessory residential unit is restricted to not more than two persons, one of whom Is either (1) related by blood, marriage, or adoption to the owner of the primary single-family residence, or (Y) is disabled as defined in subdivision 252(2) of Title 18, or (iii) is at least 55 years of age. 1. The applicant shall target a person who meets one of the above -mentioned requirements. (b) On lots that are one-half (1/2) acre or greater in size in the R1, R2 and SEQ districts, occupancy of the accessory residential unit is restricted to not more than two persons and no additional restrictions shall apply. This criterion does not apply to the subject property. (c) Floor space of the accessory residential unit shall not exceed 600 square feet or 30% of the gross floor area of the original dwelling unit, whichever is less. The existing single-family dwelling unit is 1,455 square feet. The applicant is proposing to dedicate 436 square feet to the accessory dwelling unit, which is exactly 30% of the existing gross floor area. (d) Maximum occupancy of the accessory residential unit shall be two persons. 2. The maximum occupancy of the accessory residential unit shall be two persons. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING $ ZONING WMmiscloaftonditional use.doc (e) The principal dwelling shall be owner -occupied. 3. The principal dwelling shall be owner -occupied. (t) No exterior alteration, other than the entranceways and other alterations required by the Vermont building code are made to the principal dwelling. The applicant did not indicate that any alterations were being made to the existing dwelling unit, other than an addition to the rear of the existing dwelling unit for the accessory residential unit. (g) No exterior entrance or other alterations shall be made to the front of the original dwelling. The front of the existing dwelling will remain unchanged. (h) Public water and sewer shall be provided to all residences on the lot The existing dwelling unit is currently served by municipal sewer and water. (i) No home occupation shall be conducted in an occupied accessory apartment 4. No home occupation shall be conducted in an occupied accessory apartment. G) One additional off-street parking space shall be provided on the same lot The existing dwelling unit has a two -car garage and a paved driveway, which is sufficient to satisfy this requirement. (k) A zoning permit shall be required for each accessory apartment. Prior to constructing the accessory apartment, the applicant shall obtain a zoning permit from the Administrative Officer. CONDITIONAL USE CRITERIA 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. According to the South Burlington Comprehensive Plan, residential neighborhoods should be protected from incompatible commercial encroachment and traffic adherence. In addition, the Plan states that the City should consider increasing the residential densities in areas that are planned for residential use. The proposed accessory residential unit will be consistent with the plan character of the area, as defined by the Comprehensive Plan. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING WrMmisckaaftonditional use.doc 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. According to Section 4.03(A) of the South Burlington Land Development Regulations, the Residential 4 District is hereby formed in order to encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. Staff feels the proposed accessory residential unit conforms to the stated purpose of the R4 District. 3. The DRB must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. Educational facilities will not be affected, as the accessory apartment will be occupied by no more than two individuals. In addition, staff does not believe that the accessory apartment will adversely affect other municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. Staff believes that the proposal is in keeping with residential uses on surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The addition of one or two residents will have negligible affects on traffic in the vicinity. (d) Bylaws in effect. The proposed project is in keeping with regulations, provided the applicant obtains water and sewer allocation. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (t) General public health and welfare Staff does not believe that the proposed accessory apartment will have an adverse affect on general public welfare. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 1drblmis0Qavlconditiona1 use.doc Staff recommends that the Development Review Board approve Conditional Use application #CU- 05-01, subject to the applicant addressing the numbered items in the "comments" section of this document. Respectfully submitted, �r Brian Robertson, Associate Planner Copy to: Michael and Christine Gay, Applicants • ---P 1 S { - -• � �{" STD "'I'- �,�'E12Kt.C*/ - - - No Text of Intent to Prepare an Emtironmental Impact Statement (EIS) on the project. The Notice of Intent is available online at www.circEIS.org or by calling Project Manager, Richard J. Ranaldo at the number below. The Federal Highway Admin- istration (FHWA) and Vermont Agency of Transportation (VTrans) are lead agencies for the project. The EIS will identify and consider a wide range of alternatives to improve trans- portationin the project area. These alternatives may include but are not limited to: 3 taking no action, i.e., the No - Build Alternative J strategies to better manage tranSDortatinn ,lom=.,-+ M 01 N Vl e.+ t� r. 0 0 N rn 0 ru L 20 ICimball Avenue, Suite 303N South Burlington, VT 05403- 6805 Open houses will be held from 6:30 p.m. to 9 p.m. at the fol- lowing locations. You may attend at any time. a Tuesday, March 15 at Browns River Middle School, 20 River Road, Jericho 3 Wednesday, March 16 at Williston Town Halt, 7900 Williston Road (Route 2) Thursday, March 17 at Contois Auditorium, Burlington City Hall PUBLIC HEARING SOUTH BURLII)-TOIST DEVEL- OPPIENT REVIi I )ARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Halt Conference Room, 575 Dorset Street, South Burlington, Vermont on March 1, 2005, at 7:30 P.M. to consider the follow- ing: 1. Preliminary plat application #SD-05-06 of Provost Real Estate, LLC and Robert & Joyce Snyder for a planned unit devel- opment consisting of: 1) subdi- 'Ading a 1.02 acre lot developed with a single family dwelling into two (2) lots of 0.27 acres and 0.75 acres, 2) subdividing a 0.50 acre lot developed with a single family dwelling into two (2) 0.25 acre lots, 3) combining the undeveloped 0.25 acre lot with the adjacent 0.75 acre lot to create a 1.0 acre lot, and 4) constructing two (2) two-family dwellings on the 1.0 acre tot, 10 & 14 Shunpike Rd. 2. Preliminary plat application 4SD-05-09 and final plat appli- cation #SD-05-10 of Ralph DesLauriers, Jr. & John Larkin to amend a previously approved three (3) lot subdivision. The amendment consists of subdivid- ing a 15.67 acre parcel into four (4) lots ranging in size from 1.85 acres to 4.53 acres, 360 Spear St. 3. Final plat application #50-05- 11 of University Malt Realty Trust to amend a previously approved planned unit develop- ment consisting of a 675,609 sq. ft GFA shopping center complex with 616,222 sq. ft of GLA. The amendment consists of relocat- ing an access connection to the property to the north (University Inn), 155 Dorset St. 4. Application #CU-05-01 of Michael & Christine Gay seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to con- struct a 436 sq. ft accessory res- idential unit, 50 Berkley St. 5. Preliminary plat application #SD-05-13 and final plat appli- cation #SD-05-14 of Champlain Water District to amend a previ- ously approved plan for: 1) a water treatment plant, 2) a chemical storage facility, 3) a maintenance garage, and 4) other accessory facilities. The amendment consists of a planned unit development to: 1) construct a 30' x 50' detached accessory structure, and 2) adding 256 sq. ft of electrical transformers, 403 Queen City Park Rd. John Dinklage, Chairman South Burlington Development Review Board nave against the Plaintiff, or you wilt thereafter be barred from making such claim in any other action. YOUR ANSWER MUST STATE A COUNTERCLAIM WHETHER OR NOT THE RELIEF DEMANDED IN THE COM- PLAINT IS FOR DAMAGE COV- ERED BY A LIABILITY INSUR- ANCE POLICY UNDER WHICH THE INSURER HAS THE RIGHT OR OBLIGATION TO CONDUCT THE DEFENSE. If you believe that the Plaintiff is not entitled to all or part of the claim set forth in the complaint, or if you believe that you have a counter- claim against the Plaintiff, you may wish to consult an attorney. If you feet that you cannot afford to pay an attorney's fee, you may ask the clerk of the court for information about places where you may seek legal assistance. Plaintiff's action is a claim for relief by reason of default by Defendants on certain Promissory Notes given to Plaintiff by Defendants which remain unpaid. A copy of the complaint is on file and may be obtained at the office of the clerk of this court. If appearing from the affidavit duly filed in the above entitled action that service cannot be made with due diligence by any of the methods prescribed in V.R.C.P. 4(d) through (f) inclu- sive, it is hereby ORDERED that service of the above process shad be made upon the Defendants by publication pur- suant to VR.C.P. 4 (d) (1) and 4(g). This order shall be pub- lished once a week for three consecutive weeks on February 2, 2005; February 9, 2005 and February 16, 2005 in Seven Days, a newspaper of general circula- tion in Chittenden County, and a copy of this order shall be mailed to the Defendants, if their address is known. Dated at Burlington, this 24 day of January, 2005. Richard W. Norton Judge - Chittenden Superior Court support groups DON'T SEE A SUPPORT group here that meets your needs? Call United Way GET -INFO (a confiden- tial help line) 652-4636, Monday - Friday, 8:30 a.m. - 4:30 p.m. CANDIDA SUPPORT GROUP: Now forming. Share stories. 860-9506. DIABETES EDUCATION and Support Group of Chittenden County meets the third Thursday of every month at the Williston Federated Church, 6:30-8 p.m. We often have guest speakers. Info, 847-2278. CHADD SUPPORT GROUP MEETING: CHADD is a support organization for children and adults with Attention Deficit/Hyperactivity Disorder. Every second Tuesday of the month at Champlain Cotlege, 7- VT PARENTS OF FOOD ALLER- GY CHILDREN EMAIL SUPPORT GROUP: Info, contact MaryKay Hill, Hill.kern@venzon.net or call 802-373-0351. MIXED GENDER COMING OUT SUPPORT GROUP: Every 2nd and 4th Thursday, 6:30 p.m. Co - facilitated by supportive peers and mental -health professionals and open to all lesbian, gay, bisexual transgender and ques- tioning adults age 23 and up. Check out this group meeting at R.U.1.2?. ARE YOU A PARTNER OR close ally of a transgender or transsexu- at person? We have a support group designed for your unique needs. The second Wednesday of every month at 6 p.m. R.U.1.2 Community Center, 34 Elmwood Ave., Burlington. Info, 860-7812. TRANS SOCIAL AND SUPPORT GROUP: First Wednesday, 6:30 p.m. Looking for peer support among other transgendered folks? Need a safe space to relax and be yourself? Check out this group meeting at R.U.1.2? 60+ SUPPORT GROUP: Ongoing weekly support group for men and women over the age of 60. Share your strengths and strug- gles with this particular stage of life. We have fun! Facilitated by Barbara L. Kester, Ph.D. 657-3668. MOOD DISORDER SUPPORT GROUP: First group meeting, Monday, November 8, 4:15-6 p.m., Northfield United Church, Main St. Info, 485-4934 or email suppgrp@yahoo.com. TOPS (Taking Off Pounds Sensibly) Chapter meeting, St. Francis Xavier School, Winooski. Sundays, 6 p.m. weigh-in, 6:30- 7:30 p.m. meeting. Info, call Fred or Bennye, 655-3317 or Patricia, 658-6904. INTERESTED IN WRITING for children? Support and critique group meets monthly. Call Anne, 861-6000 oranne@booksby me.us. NARCOTICS ANONYMOUS is a group of recovering addicts who live without the use of drugs. It costs nothing to join. The only requirement for membership is a desire to stop using. Info, 862- 4516, or visit www.together. net/-cvana. held in Burlington, South Burlington and Colchester. For more information, call 860- 8388 or toll -free, 1-866-972- 5266. SURVIVORS OF SUICIDE: Support group for those who have lost a loved one to suicide. Meets the 2nd Wednesday of every month at the Holiday Inn in South Burlington, (1068 Williston Rd.), from 6-7:30 p.m. For more information, please contact Cory Gould, 223-4111 or cgould1136@earthLink.net. Sponsored by the American Foundation for Suicide Prevention -VT. SEX AND LOVE ADDICTS ANONYMOUS: 12-step recovery group. Do you have a problem with sex or relationships? We DECLUTTERS SUPPORT G Are you ready to make imp ments but find it overwhel Maybe 2 or 3 of us can get together to help each simp 453-3612. PARENTS TOGETHER: Sup; group will be meeting in Ri on Monday evenings. Snack childcare provided. Alt grou are free and confidential. P call Amy at 247-5460 for m information. WOMEN CHANGING: A cor ous educational support grc for women who are interest, changing patterns in their l Wednesdays -ongoing. 12:30 p.m. Call Angie at AWARE in Hardwick, 472-6463. SUPPORT GROUP FOR WO] who have experienced intim partner abuse, facilitated by Battered Women's Services a Shelter of Washington Count Please call 1-877-543-9498 more info. WANTED: Fellow painters to together bi-weekly for coffee and to discuss our work. Sup each others creativity! Show your work. Meet at local do" town coffee shops. Call 658- 2976, if interested. AHOY BREAST CANCER SUI VIVORS: Join our support gr where the focus is on living, on the disease. We are a teal dragon boaters. Learn all abc this paddle sport and its hea giving, life -affirming qualitie Any age. No athletic experien needed. Call Linda at 802-43, 4423 or email: dragonheartve mont@gmavt.net or go to: www.dragonheartvermont.org. SELF -REALIZATION: Socials port group forlike-mindedpe ple interested in spirituality, yoga, psychic experiences, tra scendence and transformation Burlington. If interested, call at 877-3375 or email jlo@together.net. NAKED IN VERMONT: The pr mier Nudist/Skinnydipper orga zation in Vermont offering inf mation library, message board, chat room, yahoo group, and more. (ALL FREE) Visit www.nakedinvermont.com. SCLERODERMA FOUNDATION New England: Info, Blythe Leonard, 878-0732 or atbtythe @aot.com. WOMEN'S WEIGHT LOSS SUP PORT GROUP: Do we know wh to do? Yes! Do we do it? Not always! Sometimes the answer mutual support - for free! Lei decide together what works for us. I want to start - do you? Anne, 861-6000. BIPOLAR SUPPORT GROUP open to new members. Meets downtown. Our goal is to become healthy and happy. For info, call Gerhard at 864-3103. ALS (LOU GEHRIG'S DISEASE; monthly support group: For patients, caregivers and loved ones who are living or have live with ALS. Third Thursday of the month, 1-3 p.m. Jim's House, 1266 Creamery Rd., Williston. I l CITY OF SOUTH BU LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number C k-�- � 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: ( ) Al2peal from decision of Administrator Officer (includes appeals from Notice of Violation) ( equest. for a conditional use ( ) Request for a variance ( ) Other j % PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) /0 WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) NIla'>a - l ay( C415b)A0cm 4) CONTACT PERSON (Name, mailing address, I[hone and fax #) f /V (( &ff -" 5-" 5o- (A"rYA'DY) V7- O`er�U2) 5) PROJECT STREET ADDRESS: 50 &X-Q-0,J Si` ScD k�wr �sy }byeyT~05Yo 3 6) TAX PARCEL ID # (can be obtained at Assessor's Office) I n - 0 0 0 -,�T 0 -y 9 7) PROJECT DESCRIPTION a) Existing Uses on Property �-e S description and size of each separate use) b) Proposed Uses on property (include description and size of each new,jT and exis ' g uses to remain) c) Total building square footage on property (prop+ d buildings and existing buildings t e n) d) Height of buildin�j & number of floors roposed buildings and existing /buildings to remain, specify if basement and mezzanine) 4C�O e) Number of residential upits (if applicable, new units and existing units to remain) f) Number of employees &, 6mpany vehicles (existing and proposed, note office versus non -office employees) g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts Ve applicable): 8) LOT COVERAGE Id, e / 1 a) Building: Existing 00 % Proposed !% b) Overall (building, parking, outside storage, etc) Existing _% Proposed 9,a % c) Front yard (along each street) Existing-2 xisting R % Proposed % (do s not apply to residential uses) I 9) COST ESTIMATES a) Building (including interior renovations) b) Landscaping: c) Other site improvements (pjea�e 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). 30. ��Ual C J 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. Do not write below this line DATE OF SUBMISSION: Mh REVIEW AUTHORITY: Development Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: [ /Complete ❑ Incomplete t aK of Planning & Zoning or Designee d I EXHIBIT A SITE 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. o Lot drawn to scale (20 feet scale if possible). o Survey data (distance and acreage). o Contours (existing and finished). o Proposed landscaping schedule (number, variety, and size) as required in Section 13.06(G) of the Land Development Regulations. o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. o Existing and proposed curb cuts, pavement, walkways. o Zoning boundaries. o Number and location of parking spaces (as required under Section 13.01(b) of the Land Development Regulations). o Number and location of handicapped spaces (as required under Section 13.01(I) of the Land Development Regulations). o Location of septic tanks (if applicable). o Location of any easements. o Lot coverage information: Building footprint, total lot, and front yard. o North arrow. o Name of person or firm preparing site plan and date. o Exterior lighting details (cut sheets). All lights should be down casting and shielded. o Dumpster locations (dumpsters must be screened). o Bicycle rack as required under Section 13.01(G)(5) of the Land Development Regulations. o If restaurant is proposed, provide number of seats and square footage of floor area provided for patron use but not containing fixed seats. 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