HomeMy WebLinkAboutSD-14-39 - Decision - 1690 Shelburne Road#SD-14-39
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
PIZZAGALLI PROPERTIES, LLC —1690 SHELBURNE ROAD
PRELIMINARY PLAT APPLICATION #SD-14-39
FINDINGS OF FACT AND DECISION
Pizzagalli Properties, LLC, hereafter referred to as the applicant, is requesting Preliminary Plat review
for a planned unit development consisting of: 1) subdividing an undeveloped 9.14 acre parcel
into two (2) lots of 1.0 acres and 8.14 acres, and 2) constructing a 4-story, 63 unit, multi -family
dwelling on the 8.14 acre parcel, 1690 Shelburne Road.
The Development Review Board held a public hearing on Tuesday, January 20, 2015. Robert Bouchard
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. Pizzagalli Properties, LLC, hereafter referred to as the applicant, is requesting Preliminary Plat
review for a planned unit development consisting of: 1) subdividing an undeveloped 9.14
acre parcel into two (2) lots of 1.0 acres and 8.14 acres, and 2) constructing a 4-story, 63
unit, multi -family dwelling on the 8.14 acre parcel, 1690 Shelburne Road.
2. The owner of record of the subject property is Kurt V. & Laura M. Reichelt.
3. The subject property is located in the Commercial 2 Zoning District.
4. The plans submitted consist of a 20 page set of plans, page one (1) entitled "Bartlett Brook
Apartments South Burlington, VT", prepared by Duncan Wisniewski Architecture, and dated
11/12/14.
DIMENSIONAL REQUIREMENTS:
Zoning District & Dimensional Requirements:
C — 2 Zoning District
Required
Existing
Proposed Lot
#1
Min. Lot Size
6000 sq. ft./unit
398,271 sq. ft.
6322 sq. ft./unit
Max. Building Coverage
40%
0%
4.9%
Max. Overall Coverage
70%
0%
23.6%
Min. Front Setback
50 ft.
N/A
280 ft.
Min. Side Setback
10 ft.
N/A
20 ft.
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Min. Rear Setback
30 ft.
N/A
216 ft.
A Max. Building Height 11
35ft. (flat roof)
N/A
47 ft.
Note: Coverage percentages are from site plan not application form.
Zoning compliance
4 Requires a height waiver of 12 feet
The Board notes that the building is set well back from Shelburne Road, and no scenic views are blocked.
The Board grants a height waiver of 12 feet to allow a 47 ft. high building.
Density
The overall lot size of 9.14 acres allows a maximum density of 63 units at 7 units/acre and 63 units are
proposed.
5.08 Supplemental Standards for All Commercial Districts
A. Development according to commercial district regulations and multifamily development at the
residential density specified for the applicable district shall be subject to site plan review, as set forth
in Article 14, the purpose of which shall be to encourage innovation of design and layout, encourage
more efficient use of land for commercial development, promote mixed -use development and shared
parking opportunities, provide coordinated access to and from commercial developments via public
roadways, and maintain service levels on public roadways with a minimum of publicly financed
roadway improvements.
Compliance with this standard is addressed in the Site Plan review section below.
B. Multiple structures, multiple uses within structures, and multiple uses on a subject site may be
allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot
size, and lot depth. Area requirements and frontage needs may be met by the consolidation of
contiguous lots under separate ownership. Construction of a new public street may serve as the
minimum frontage needs. Where multiple structures are proposed, maximum lot coverage shall be the
normal maximum for the applicable district.
N/A
C. Parking, Access, and Internal Circulation
(1) Parking requirements may be modified, depending in the extent of shared parking, the
presence of sidewalks or recreation paths, and residences lying within walking distance (defined
as no further than one -quarter (.) mile for purposes of commercial zoning districts). Any
requirements for shared access and/or parking must be secured by permanent legal agreements
acceptable to the City Attorney.
(2) Parking areas shall be designed for efficient internal circulation and the minimum number
of curb cuts onto the public roadway.
(3) Access improvements and curb cut consolidation may be required.
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126 parking spaces are required for 63 dwelling units where no spaces are reserved and 126 are
proposed. The access drive will be shared with the adjoining one -acre proposed commercial lot.
The Board finds these criteria to be met.
D. Commercial properties that abut residential districts shall provide a screen or buffer along the
abutting line in accordance with Section 3.06(I) of these Regulations.
Not applicable.
SITE PLAN REVIEW
14.06 General Review Standards
The following general criteria and standards shall be used by the Development Review Board in
reviewing applications for site plan approval. They are intended to provide a framework within which
the designer of the site development is free to exercise creativity, invention, and innovation while
improving the visual appearance of the City of South Burlington. The Development Review Board shall
not specify or favor any particular architectural style or design or assist in the design of any of the
buildings submitted for approval. The Development Review Board shall restrict itself to a reasonable,
professional review, and, except as otherwise provided in the following subsections, the applicant
shall retain full responsibility for design.
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan.
Due attention by the applicant should be given to the goals and objectives and the stated land use
policies for the City of South Burlington as set forth in the Comprehensive Plan.
B. Relationship of Proposed Structures to the Site.
(1) 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.
(2) 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.
The parking is located to the rear of the building. The Board finds this criterion to be
met.
(3) 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 anticipated adjoining
buildings.
The proposed building is to be 47 ft. in height, 12 ft. taller than the 35 foot limit otherwise
permitted. As noted on page 2 above the Board grants a height waiver of 12 ft.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
The plans depict that the proposed utilities are underground. The Board finds this criterion to be
met.
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C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
(2) 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.
Architectural elevations are provided. The building's colors are muted tones which will help the
building blend in with the wooded area adjacent to Bartlett Brook. Substantial landscaping and new
trees are proposed throughout the property. The Board finds these two criteria to be met.
14.07 Specific Review Standards
A. Access to Abutting Properties. The reservation of land maybe required on any lot for provision
of access to abutting properties whenever such access is deemed necessary to reduce curb
cuts onto an arterial or collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
See discussion below in Section (A)(8) under PUD standards.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
Noted above. The Board finds this criterion to be met.
C. Disposal of Wastes. 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). Small receptacles
intended for use by households or the public (i.e., non-dumpster, non -large drum) shall not be required
to be fenced or screened.
A fenced trash/recycling enclosure is shown on the plans. The Board finds this criterion to be met.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening
shall be required for all uses subject to planned unit development review. The minimum landscape
requirement for this project is determined by Table 13-9 of the South Burlington Land Development
Regulations.
The total construction cost for the building is $7,820,000. The minimum landscaping requirement is
calculated as follows:
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Total Building Construction or
Building Improvement Cost
% of Total Construction/
Improvement Cost
Cost of proposed project
$0 - $250,000
3%
$7,500
Next $250,000
2%
$5,000
Additional over $500,000
1%
$73,200
Minimum Landscaping $ >>
$85,700
A landscape plan and plant list has been submitted with a value of $85,700. Of this value, $37,698 consists
of ornamental grasses, perennials, landscape boulders and wet meadow / detention basin mix which
technically do not meet the definition of a trees and shrubs. The Board notes that the detention basin is
similar to a rain garden feature and adds considerable aesthetic value to the necessary parking lot. The
applicant has indicated that several of the species of proposed grasses are 3-4 ft. tall. In addition the Board
finds these four landscaping features coupled with the retention of some existing to be substantial in their
own right. See the email below from the City Arborist dated January 15, 2015:
From: Craig Lambert (mailto:clambert@sburl.com)
Sent: Thursday, January 15, 20151:29 PM
To: Bob Bouchard
Subject: Bartlett Brook Landscaping
Bob,
Thank you for meeting with me and Mike Willard of SE Group on Thursday January 15, 2015 15`h to
discuss the landscape plan for Bartlett Brook Apartments. 1 am in agreement that the ornamental
grasses and perennials will enhance the landscape and should qualify for credit in the landscaping
budget. The fact that many of these plants will be used in bio retention areas should make their use even
more desirable.
Feel free to contact me if I can be of further assistance.
Craig Lambert
South Burlington City Arborist
The Board finds this criterion to be met and that the full value of $37,698 of these four elements can be
used towards meeting the landscaping requirements.
The City Arborist provided the following comments to staff in an email dated December 19, 2014.
Notes
• #5 include parking lot islands in planting beds and specify a depth of 3 ft
• #6 change to state that species substitutions must be approved by the City of South Burlington
• Need to specify locations of different plant species on the plans
Tree Planting Detail
• Specify a depth of 3 ft. in parking lot islands
• Detail refers to a soil preparation specification for planting mix but I couldn't find it in the plans.
Listing the specification in the planting detail would be simpler
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The Board finds that the applicant should comply with the Arborist's recommendations.
E. Modification of Standards. Where the limitations of a site may cause unusual hardship in
complying with any of the standards above and waiver therefrom will not endanger the public health,
safety or welfare, the Development Review Board may modify such standards as long as the general
objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of
side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new
structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land
development creating a total site coverage exceeding the allowable limit for the applicable zoning
district in the case of new development, or increasing the coverage on sites where the pre-existing
condition exceeds the applicable limit.
The only modifications requested are a height waiver of 12 feet as noted above and a waiver to Section
13.04 A.(1) noted below to allow the placement of a proposed pool in the front yard of the building.
13.04 Swimming Pools
A. General Restrictions. Swimming pools may be allowed, subject to the following provisions:
(1) No pool shall be constructed in a required front yard.
(2) No pool shall be closer than ten feet as measured from water's edge to any side or rear yard
lot lines
(3) Any lighting in conjunction with the pool shall be so situated that there is no direct glare
beyond lot line.
(4) Every in -ground swimming pool shall be completely enclosed by a wall, fence, or other
substantial structure not less than four (4) feet in height measured on the outside of the enclosure.
No openings other than doors and gates with any dimensions greater than four inches shall be
permitted therein except that picket fences may be erected or maintained having horizontal spacing
between pickets not more than four (4) inches. All gates or door opening through such enclosures
shall be equipped with self -closing and self -latching devices capable of remaining securely closed at
all times when not in actual use, provided however, that the door of any residence forming any part
of the enclosure need not be so equipped. Any self -latching device accessible from the outside of the
pool enclosure shall be located at least four (4) feet above the ground or otherwise equally
inaccessible to small children.
(5) A natural barrier, hedge, or other protective device approved by the Administrative Officer
may be used in place of the above as long as the degree of protection afforded by the substituted
devices or structures is not less than the aforementioned protection by the enclosure, gate and latch.
All above -ground pools shall bar step access when not in use.
(6) No poolhouse or structure accessory to the pool shall be used for habitation or for home
occupation.
The proposed pool is clearly compliant with standards (2) through (5). It is the Board's position that
within the context of the overall PUD the pool can be considered to not be in a front yard for several
reasons. First, the lot is located within the PUD and the adjacent 1.0 acre commercial lot when
developed will screen the pool from Shelburne Road. Second, the pool is located approximately 240 ft.
from Shelburne Road.
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The Board finds that the area of the pool's location is in compliance with the front yard standard.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with
the following standards and conditions:
(A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public
utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the
proposed dwelling units.
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 Board finds that the applicant shall obtain preliminary water and wastewater allocation approvals prior
to submittal for final plat.
(A)(2)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.
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.
Erosion control specifications and grading plans have been submitted with the application. The Board finds
this criterion to be met.
(A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
The Department of Public Works provided its comments in an email to staff dated December 17, 2014 as
follows:
From: Justin Rabidoux
Sent: Tuesday, December 30, 2014 3:39 PM
To: ray
Subject: Bartlett Brook Apartments - #SD-14-39
Ray,
1 reviewed the plans for the Bartlett Brook Apartments, 1690 Shelburne Road, prepared by WCE, PLC last
revised on 1211114 and have the following comments to offer.
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1. Sheet C2.0 - The sidewalk, where it crosses the project driveway at Route 7, shall continue through
the driveway and be 8" thick.
2. Sheet C2.0 - What is the depth of the water line just to the west of Proposed CB#9 as it crosses the
storm line about 13' west of CB#9? The HDPE inverts listed on C2.3 show a storm system with a depth of
-6', which is approximate to the standard depth for water lines.
3. Sheet C2.0 - The applicant shall include a stop sign and stop bar where the project driveway meets
Route 7, stopping westbound traffic. There is a "Proposed Sign" note near this location, but the plans
contain no further detail on this.
4. Sheet C2.0 - Are there ADA ramps on each side of the driveway where the sidewalk crosses it
adjacent to the "Proposed Concrete Pad Grilling Area"? This crossing creates a mid -block pedestrian
crossing which needs to include supporting crosswalk markings, ADA ramps and MUTCD approved signs.
5. Sheet C2.0 - Near the southwest corner of the parking lot to the east of the proposed building, in a
small area, a hydrant, street light and catch basin are shown. Does enough room exist in this small space
for these items and their appurtenances?
6. Sheet C3.1 - All curb areas along the main driveway shall have a 7" reveal.
Thank you for the opportunity to comment and let me know if you have any questions.
Justin Robidoux
Director of Public Works/City Engineer
The Board finds that the applicant shall comply with the recommendations of the City Engineer in its
submission for Final Plat review.
The relevant portion of Section 15 of the LDRs is as follows:
(4) Connections to adjacent parcels. If the DRB finds that a roadway extension or connection to an
adjacent property may or could occur in the future, whether through City action or development of an
adjacent parcel, the DRB shall require the applicant to construct the connector roadway to the
property line or contribute to the cost of completing the roadway connection.
(a) In any such application, the DRB shall require sufficient right-of-way to be dedicated to
accommodate two (2) lanes of vehicle travel, City utilities, and a ten foot wide grade -separated
recreation path.
The Board finds that at this time, a roadway right-of-way pursuant to (a) above is not appropriate.
However, the applicant has agreed to provide an access easement to allow public use of the private
road/driveway to access that parcel should it be developed.
See discussion under section (A) (8) below.
(A)(4)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.
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Most of the project area is already cleared. Selective clearing of understory growth is proposed to occur
near the proposed common grill & picnic area. The project area will not intrude into the 50 ft. Surface
Water Protection Buffer for Bartlett Brook, as noted above in Section 14.07 D. The Board finds this criterion
to be met.
(A)(5)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.
Pursuant to Section 5.05 COMMERCIAL 2 DISTRICT C2
A. Purpose. A Commercial 2 District is hereby formed in order to encourage general commercial
activity. In addition to uses permitted in the C1 District, large lot -retail uses, such as sale of motor
vehicles and building materials, may be permitted. A range of industrial uses as well as clustered
residential development may be permitted in locations that are mutually compatible with general
commercial activity. Development shall be subject to site plan review to coordinate traffic movements,
encourage mixed -use developments, to provide shared parking opportunities and to provide a potential
location for high -traffic generation commercial uses. Any uses not expressly permitted are prohibited
except those that are allowed as conditional uses.
The proposed project will create a new mixed use area in this portion of the District. This project is
consistent with the standards of the Commercial 2 District. The Board finds this criterion to be met.
(A)(6)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.
The project will not intrude into the stream buffer areas or impact contiguous open spaces. Some wooded
area along the eastern edge of the parcel (which abuts a wooded area on the adjacent parcel) will be
maintained. The Board finds this criterion to have been met.
(A)(7)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 should provide comments for Final Plat review.
(A)(8)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 presence of Bartlett Brook to the south and the UVM Horticultural Farms likely precludes extension of
such services. An existing sidewalk connecting to the Berman property to the north is proposed to remain.
The Board finds this criterion to have been met.
The Board finds that in lieu of a future street right-of-way (ROW) comprising a two-lane road and a
pedestrian path connecting the adjacent property to the east, that the applicant provide an access
easement through lot #2, which would facilitate a connection through the adjacent property and then east
to Green Mountain Drive. The applicant has submitted a draft easement deed for the Board's consideration
which shall be addressed at Final Plat review.
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(A)(9)Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent
with City utility and roadway plans and maintenance standards.
As noted above in (A) (3), the proposed sidewalk is a welcomed improvement. The Board finds this criterion
to be met.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground. The plans submitted indicate that new utility lines will be underground. The Board
finds that this criterion is met.
(A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The project will expand housing options in the area especially for those who work in the Shelburne Road
area and are in need of rental housing. The Board finds the project to be consistent with the Comprehensive
Plan.
12.03 Stormwater Management Overlay District (SMO)
This property is located within the Stormwater Management Overlay District
In an email to staff dated December 23, 2014, the Department of Public Works provided the following
comments to Staff.
From: Tom Dipietro
Sent: Tuesday, December 23, 2014 1:32 PM
To: Justin Robidoux
Subject: Comments on Bartlett Brook Apartments
Justin,
I reviewed plans for the Bartlett Brook Apartments project that were prepared by Wilson Consulting
Engineers, PLC, dated 116114 and last revised on 1211114. 1 would like to offer the following comments:
1. This project is located in the Bartlett Brook watershed. This watershed is listed as stormwater
impaired by the State of Vermont Department of Environmental Conservation (DEC). Also, the project
proposes to create greater than 1 acre of impervious area and disturb greater than 1 acre of land. It will
therefore require a stormwater permit and stormwater construction permit from the Vermont DEC
Stormwater Division. The applicant should acquire these permits before starting construction. The
applicant is encouraged to coordinate with the City when obtaining these permits.
2. The project is located in the City's Stormwater Management Overlay district and must therefore
meet the requirements in section 12.03 of the City's Land Development Regulations (LDRs).
a. The applicant must provide hydrologic modeling for the 1 year, 24 hour storm event so that
conformance with section 12.03C of the LDRs can be evaluated.
3. The applicant should provide hydrologic modeling for the project in a future submission. Modeling
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should include information sufficient to evaluate the treatment provided by the proposed stormwater
pond, infiltration trench, and bio-retention areas. The modeling must include information related to the
25 year, 24 hour storm event (4.0 inches of rain), so that compliance with Articles 12.03E and 15.13F of
the City's LDRs can be evaluated.
4. All curb cut drainage inlets must be clearly shown/labeled.
5. An emergency spillway is not specified on the proposed stormwater pond. Where would water flow
during a 100 year storm event or in the event that the pond outlet fails?
6. Class 2 wetlands are located on the property. Impacts to these wetlands are only allowed if the
State of Vermont issues a Conditional Use Determination (CUD).
7. How would residents access the proposed community garden and tennis courts?
8. Additional impervious area is associated with the tennis court and parking. Where will treatment
detention of this runoff be provided?
Thank you for the opportunity to comment.
-Tom
Thomas J. DiPietro Jr.
Deputy Director
Department of Public Works
The Board finds that the applicant shall work with the DPW on these issues and resolve them prior to
submission for Final Plat review.
OTHER —Site amenities
The Board finds that the applicant has included a variety of project amenities (pool, deck, fire pit, tennis
court, community garden, and grill area) which are not required per the regulations, and is supportive of
each.
DECISION
Motion by Bill Miller, seconded by John Wilking to approve Preliminary Plat application #SP-14-39 of
Pizzagalli Properties, LLC, 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. The final plat plans submitted shall be revised as follows:
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a. The landscaping plans shall be amended to incorporate the City Arborist's
recommendations in an email to staff dated 12/19/14.
b. The plans submitted shall be amended to note the granting of an access easement
through lot #2, which would facilitate a connection through the adjacent property and then
east to Green Mountain Drive.
c. The plans shall be revised to comply with the recommendations of the Public Works
Director contained in an email to staff dated December 17, 2014.
d. The plans shall be revised to comply with the recommendations of the Deputy Director
of Public Works contained in an email to staff dated December 23, 2014.
4. The Board hereby grants a height waiver of 12 ft. for a maximum height approved of 47 ft.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
6. All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of
the SBLDR.
7. The applicant shall apply for Final Plat review within 12 months of the issuance of this decision.
Tim Barritt
Yea
Nay
Abstain
Not Present
Mark Behr
Yea
Nay
Abstain
Not Present
Brian Breslend
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 7— 0 — 0.
�� e � r ;
Signed this a of L4 2015, by
Tim Barritt, 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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