HomeMy WebLinkAboutCU-02-11 - Decision - 0123 Nesti DriveC
#CU-02-11
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application #CU-02-11 of Chamberlain-Mucklow seeking
conditional use approval under Section 26.05, Conditional Uses of the South Burlington
Zoning Regulations. Request is for permission to: 1) convert an existing 16,000 sq. ft.
retail building to a temperature controlled storage facility and constructing 35,850 sq. ft.
of warehousing storage, and distribution use in seven (7) buildings, 123 Nesti Drive.
On the 4t' of June 2002, the South Burlington Development Review Board approved the
request of Chamberlain-Mucklow for approval under Section 26.05, Conditional Uses of
the South Burlington Zoning Regulations based on the following findings:
1) This project located at 123 Nesti Drive lies within the C2 District. It is bounded on the
north by Nesti Drive on the east and south by commercial property on the west by south
by State of Vermont railroad tracks.
CONDITIONAL USE CRITERIA:
2) The proposed project complies with the stated purpose of the Commercial 2 District
"to encourage general commercial activity." and does not adversely affect:
a) the capacity of existing or planned community facilities - no effect expected
b) the character of the area affected - no adverse effect is expected
c) traffic on roads or highways in the vicinity —the proposed use is not expected to
affect traffic.
d) bylaws in effect- the proposal is in conformance with the zoning regulations
e) utilization of renewable energy resources- there is no utilization of renewable energy
resources to be affected.
f) general public health and welfare - no adverse effect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, South Burlington Development Review Board
approves application #CU-02-11 of Chamberlain-Mucklow seeking conditional use
approval under Section 26.05, Conditional Uses, of the South Burlington Zoning
Regulations. Request is for permission to: 1) convert an existing 16,000 sq. ft. retail
building to a temperature controlled storage facility and constructing 35,850 sq. ft. of
warehousing storage, and distribution use in seven (7) buildings, 123 Nesti Drive, as
depicted on a three (3) page set of plans, page one (1) entitled, "Plot Showing Property of
SAS Realty Company 123 Nesti Drive South Burlington, Vermont", prepared by Button
Associates, dated 3/26/02, with the following stipulations:
l . All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. The applicant shall obtain a zoning permit within six (6) months pursuant to
Section 27.302 of the zoning regulations or this approval is null and void.
3. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the newly converted space or use of the
new buildings.
4. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
i
i Chair orb
South Burlington Development Review Board
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Date
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued. The fee is
$150.00. 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.SA. § 4472(d)
(exclusivity of remedy; finality).
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