HomeMy WebLinkAboutSP-05-01 - Decision - 1184 Shelburne RoadCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
FRIENDLY ICE CREAM CORPORATION - 1184 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-05-01
FINDINGS OF FACT AND DECISION
Friendly Ice Cream Corporation, hereafter referred to as the applicant, is requesting
approval to amend a previously -approved site plan for a 4,571 square -foot standard
restaurant. The amendment consists of revising the landscaping plan, 1184 Shelburne
Road. The Development Review Board held a public meeting on April 5, 2005. The
applicant's representative was not present.
Based on testimony provided at the above mentioned public meeting 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. The applicant is requesting approval to amend a previously -approved site plan
for a 4,571 square -foot standard restaurant. The amendment consists of revising
the landscaping plan, 1184 Shelburne Road.
2. The owner of record of the subject property is Friendly's Ice Crearn Corporation.
3. The subject property is located in the Commercial 1 — Residential 15 Zoning
District.
4. The plans submitted consist of: a two (2) page set of plans, page one (1) entitled,
"Plat Showing 'As -Built Survey' Friendly Ice Cream Corp. Property No. 1184
Shelburne Road U.S. Rte. 7 So. Burlington, Vermont", prepared by Warren A.
Robenstien, dated January 29, 1996.
5. The applicant is proposing to remove five (5) Norway maple trees, two (2)
crabapple trees, and some junipers. The applicant is requesting the removal of
these plants to increase the visibility of the exiting building.
6. The City Arborist reviewed the proposed landscaping modifications and
conducted a site visit to assess the condition of the subject landscaping. He
provided comments in a memorandum dated February 10, 2005. In summary,
the Arborist stated that the replacement of the two (2) crabapple trees and the
juniper adjacent to the sign is warranted due to their condition. In addition, he
stated that replacement of two (2) of the Norway Maples was warranted due to
their condition. Finally, he recommended preserving the three (3) Norway
Maples closest to the building. These plants are each between 11" and 13" in
diameter. In the event that any trees are replaced, he recommended replacing
them on an inch -by -inch basis, not on a tree -by -tree basis.
DECISION
1) Motion by seconded by
to approve Site Plan #SP-05-01 of Friendly Ice Cream Corp.
Chuck Bolton — yea/na /abstain not resent
Mark Boucher — yea n /abstain/not present
John Dinklage — yea na /abstain/not present
Roger Farley —yea/nay/a stain/ of present
Larry Kupferman — yea a abstain no present
Gayle Quimby — yeaA nay abstain/not present
Motion failed by a vote of o - `t - b
Signed this day of April, 2005 by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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