HomeMy WebLinkAboutSP-10-67 - Decision - 1185 Shelburne Road#S P-10-67
C
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TELEPHONE OPERATING COMPANY OF VERMONT —
1185 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-10- 67
FINDINGS OF FACT AND DECISION
Telephone Operating Company of Vermont, LLC, hereafter referred to as the applicant,
is seeking site plan approval to add a utility cabinet on a 8.5 ft. X 8.5 ft. concrete pad,
1185 Shelburne Road.
The Development Review Board held a public hearing on Tuesday, October 19, 2010.
Dulcey Mastrangelo 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. The applicant is seeking site plan approval to add a utility cabinet on a 8.5 ft. X 8.5 ft.
concrete pad, 1185 Shelburne Road.
2. The application was received on September 24, 2010.
3. The owner of record of the subject property is John Larkin.
4. The subject property is located in the C 1 - Auto Zoning District.
5. The plan submitted is entitled, "L&M Park South Burlington Vermont Site & Utilities
Plan," prepared by Fitzpatrick — Llewellyn, Inc., dated January 1990.
6. General Review Standards (Section 14.06)
A. General Requirements. In any district, the Development Review Board may
grant site plan approval for the construction of a utility cabinet, according to the
following regulations.
B. Specific Standards for Utility Cabinets and Similar Structures.
(1) The facility shall serve the City of South Burlington and/or immediately
adjacent communities.
(2) The minimum required lot for a public utility cabinet, substation, or
communication relay station may be reduced from the zoning district
requirements, at the discretion of the Development Review Board. In the
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event that the facility shall be erected on property not owned by the utility,
the Development Review Board shall require that the facility be located
unobtrusively.
(3) If the parcel containing the facility is landlocked, there shall be a recorded
easement or permission granting access to the utility or owner of the
facility.
(4) There shall be suitable fencing to protect the public and sufficient
landscaping with evergreens of sufficient height and density to screen
effectively the facility from surrounding property.
(5) There shall be adequate off-street parking for maintenance, service, or
other vehicles.
(6) The location of the facility shall be shown on all relevant site plans.
(7) The Development Review Board may require setbacks or attach other
conditions in order to prevent any hazard to the public or noise nuisance to
surrounding property. Utility cabinets shall respect the front yard setback
requirements for the zone in which they are located. However, the
Development Review Board may reduce the required setback upon
determination that such a reduction would not materially affect the
maintenance of public rights -of -way.
(8) A facility that would be a nuisance to surrounding properties due to
smoke, gas, heat, odor, noise, or vibration shall not be permitted in any
district.
The cabinet is to be used to service the subject property and is to be adjacent to a pad
which already exists. The applicant is proposing to enclose the two pads with a 6 foot
high, solid white vinyl fence. The applicant is also proposing to surround three sides of
the pad with 3 foot tall shrubs.
DECISION
Motion by 6 l , seconded by C f—TA �-� , to
approve Site Plarl Application #SP- 0-67 of Telephone Operating Companp of Vermont
subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. This project shall be completed as shown on the plans submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3. Prior to permit issuance, the applicant shall post a $2,150 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.
4. 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.
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5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to use of the utility cabinet.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —(&nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/ of resen
John Dinklage — ea/nay/abstai not present
Roger Farley — e y/abstain/not present
Gayle Quimby — e ay/abstain/not present
Michael Sirotkin a ay/abstain/not resent
Bill Stuono — yea/nay/abstai of present
Motion carried by a vote of --q-- 0 -O
Signed this day f 001 �e✓ 2010, by
ark Behr, Vice 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://vermontiudiciaKy.orQ/GTC/enviromnental/default.aspx for more information on filing requirements,
deadlines, fees and mailing address.
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