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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. SD 14 39 1690ShelburneRoad PizzagalliProperties_apartment building —Prelim ffd.doc - I — #SD-14-39 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. SD_14 39_1690ShelhurneRoad PizzagalliProperties_apartment_huilding-prelim ffd doc - 2 - #SD-14-39 126 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. SD 14 39 1690ShelburneRoad PizzagalliProperties apartment building—Prelim�ffd.doc - 3 — #SD-14-39 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: SDD14 39 1690ShelburneRoad PizzagalliProperties_apartment_building�relim_ffd.doc - 4 #SD-14-39 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 SD_14_39 1690ShelburneRoad PizzagalliProperties_apartment_building_prelim�ffd.doc - 5 — #SD-14-39 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. SD_14_39_1690ShelburneRoad PizzagalliProperties—apartment building —Prelim ffd.doc - 6— #SD-14-39 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. SD_14_39_1690ShelburneRoad PizzagalliPropeNties apartment building_prelim, ffd.doc - 7 — #SD-14-39 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. SD_14_39_1690ShelhurneRoad PizzagalliProperties_apartment_building_Prelim,ffd.doc - 8 - #SD-14-39 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. SD 14 39 1690ShelburneRoad PizzagalliProperties apartment building—prelim,ffd.doc - 9— #SD-14-39 (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 SD_14_39_1690ShelburneRoad PizzagalliProperties_apartment_building_prelim—ffd.doc - 10— #SD-14-39 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: SD_14_39_1690ShelhurneRoad PizzagalliProperties_apartment_building—prelim�ffd.doc - 11 — 1 1 #SD-14-39 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). SD 14 39_1690ShelburneRoad PizzagalliProperties_apartment_building_prelim,ffd.doc - 12 —