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SD-01-49 - Decision - 0040 Birch Street
#S D-oi-49 FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, final plat application #SD-0r-49 of Carol J. Douglas to subdivide a o.66 acre parcel into two (z) lots of 0.32 acres (lot #i) and 0.34 acres (lot #z), 4o Birch Street. On the 16th day of October zoos, the South Burlington Development Review Board approved the request of Carol J. Douglas for final plat approval under Section zoo of the South Burlington Subdivision Regulations, based on the following findings: i. The owner of record of this property is Carol J. Douglas. z. This project consists of subdividing a .66 acre lot into two (z) lots: I) lot one a .32 acre lot, and z) lot two a .34 acre lot, 4o Birch Street. The sketch plan was reviewed on August 21, 2001. 3. This property is located within the Residential 4 District. It is bound to the north by five residential lots, to the east by a duplex, to the south by East Birch Lane and multi -family dwellings, and the west by Birch Street. 4. Access: The applicant revised the plans to note how access will be provided to lot #z as required in Section 26.20 of the Zoning Regulations. A thirty foot (30') easement is noted on the plan to serve lot #z. The r.o.w. will remain private and privately maintained. 5. Lot Size/Frontage: Both lots meet the minimum lot size requirement. One lot (lot #i) does not have frontage on a public street. Service to the lot is through a thirty foot (30') r.o.w. off East Birch Lane, a private street currently serving 16 units. 6. Coverage/Setbacks: The applicant illustrated the existing footprint of the proposed lot #z on the final plat plan. The total coverage is proposed to be 23.Io% (400/0 maximum). At this time, there is no proposed building for Lot #1. 7. Sewer: The sewer allocation requested is 720 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. 8. Landscaping: The applicant should consider relocating the two (z) proposed trees, as they appear to be close to sewer and water services. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #SD-oi-49 of Carol J. Douglas to subdivide a 0.66 acre parcel into two (z) lots of 0.32 acres (lot #i) and 0.34 acres (lot #z), 4o Birch Street, as depicted on a two (z) page set of plans, page one (i) entitled "Plat of Subdivision of Lands of Carol J. Douglas 4o Birch Street South Burlington Vermont," prepared by Llewellyn -Howley, Inc., dated June 16, zooi, with the following stipulations: i. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. z. The Board approves a sewer allocation of 7zo pgd. The applicant shall be required to pay the per gallon fee to permit issuance. 3. The plat plan shall be revised to relocate the two (z) proposed trees further away from the water and sewer lines. 4. Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 5. The final plat plan (survey plat) shall be recorded in the South Burlington land records within go days or this approval is null and void. The plan shall be signed by the Development Review 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 director of Planning and Zoning. Chairman/64erk South Burling evelopment Review Board Date // — d �0 ^ © 1 Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. 4471 and V.R.C.P. 76, in writing, within 3o days of the date this decision is issued. The fee is $i5o.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. 4472 (d) (exclusivity of remedy finality).