HomeMy WebLinkAboutMS-03-01 - Supplemental - 1404 Spear StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
March 5, 2003
Todd & Maureen Wulfson
29 Pinnacle Drive
South Burlington, VT 05403
Dear Mr. & Ms. Wulfson_
Notice of Decision
Miscellaneous Application MS-03-01
1404 Spear Street
Enclosed please find a copy of the Development Review Board's (DRB) Findings of
Fact, Conclusions and Decision for your single family dwelling within the restricted area
of the Southeast Quadrant District. The DRB's approval is subject to the 4 conditions
listed on page 3 of the enclosed decision. Accordingly, you must obtain a zoning permit
within 0 months of this decision. If you have any questions concerning this approval,
please call the Planning and Zoning Office.
Sincerely yours,
4 Janet M. Hurley
Associate Planner
/jmh
Enclosure
`.drb\misc\wulfscn W S-03-01.cor.doc
Supplemental Attachment — March 4, 2003
Application for Development Review Board
Todd and Maureen Wulfson
1404 Spear Street
Proposed Single Family Home
Response to Staff Recommendation report of 2-18-03:
1. Measurements:
Maximum building coverage will not exceed 4,500 square feet (11.3 %)
Maximum overall coverage will not exceed 11,000 square feet (27.5%)
Maximum building height will not exceed 40 feet.
Minimum floor area will exceed 864 square feet.
2. The portion of the property falling within Dorset Park View Protection Zone D (the
southwest portion) shall be maintained such that it does not exceed an elevation of
441 feet.
Todd Wulfson
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CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD Report preparation date: February 18, 2003
drb\misc\wulfson\restricted.srp.doc Application received: January 24, 2003
Single Family Dwelling in Restricted Area
Miscellaneous Application #MS-03-01
Meeting date: March 4, 2003
Applicants/Owners Property Information
Todd & Maureen Wulfson Tax Parcel 1640 01404 L
29 Pinnacle Drive Volume 565, Page 349
South Burlington, VT 05403 SEQ & SV Districts
±0.92 Acres
Location Map
0
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NOTE: Digital tax parcel data appears to be inaccurate for the east side of Spear Street in the
vicinity of the subject parcel. The subject parcel is approximately 100 ft. southerly of its
delineation as depicted in black above in the city's digital tax parcel data. Staff has
delineated the approximate boundaries of the parcel in white.
CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drb\misc\wulfson\restricted srp doc
Todd and Maureen Wulfson, hereafter referred to as the applicants, are requesting approval to
construct a single family dwelling within the restricted area of the Southeast Quadrant (SEQ)
District. The subject property contains approximately 0.92 acres and is located at 1404 Spear
Street. In addition to falling within the SEQ District, the southwest corner of the property falls
within the Dorset Park View Protection Zone D (DPVP-D) of the Scenic View Protection
Overlay (SV) District.
Associate Planner Janet Hurley and Administrative Officer Raymond Belair, referred to herein
as Staff, have reviewed the plans submitted on January 24, 2003 and have the following
comments.
Zoning District & Dimensional Requirements
The applicants should provide measurements for maximum building coverage, maximum
overall coverage, maximum building height, and minimum floor area.
The applicants have provided a sketch plan showing a proposed 140' x 75' building envelope
toward the rear of the subject property. However, no building dimensions are provided. The
applicants have indicated that the proposed house will be similar to their house at 29 Pinnacle
Drive. This is a two-story home with attached two -car garage, the floor area of which is certainly
larger than the minimum 864 sq. ft. necessary for a single family structure. Nonetheless, the
minimum floor area, as described in Section 25.114 of the zoning regulations, should be indicated.
In addition, the height of the structure should be indicated, and maximum proposed building
coverage, as well as a measure of maximum overall coverage should be indicated.
Table 1. Dimensional Requirements
SEQ Zoning District
Required
Proposed
q Min. Lot Size
12,000 ft.
±40,000 ft.
q Min. Frontage
100 ft.
+100 ft.
? Max. Building Coverage
20%
unknown
? Max. Overall Coverage
40%
unknown
q Min. Front Setback
20 ft.
246 ft.
Min. Side Setback
10 ft.
10 ft.
Min. Rear Setback
30 ft.
35 ft.
? Max. Building Height
40 ft.
unknown
? Min. Floor Area
864 ft.
unknown
�l zoning compliance
? information needs to be provided
Southeast Quadrant District
The Development Review Board (DRB) may approve the construction of a single family
residence within designated restricted areas of the SEQ District pursuant to Section 6.501(h)
of the Zoning Regulations. The lot must have been in existence on June 22, 1992. The
applicants have provided copies of deeds, which demonstrate that the subject lot was in
CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drb\misc\wulfson\restricted srp doc
existence prior to June 22, 1992. In addition, the lot must fall entirely within the restricted area
or be located substantially within the restricted area such that construction in the development
area cannot be accommodated. The subject property falls entirely within the restricted area.
Pursuant to Section 6.606 of the Zoning Regulations, the DRB shall review proposed
development activity within the restricted area according to the following criteria (the
applicants' responses to these criteria are attached):
(a) Designed open space shall be located so as to maximize the aesthetic enjoyment
of users of the site, surrounding properties, and roads in the vicinity.
The applicants have proposed to build toward the rear of the lot, in keeping with the
development pattern on adjacent properties. The westerly half of the lot will remain as open
space contiguous with open space on adjoining lots. Staff feels this is appropriate for
maximizing aesthetic enjoyment in the vicinity of the subject property.
(b) Proposed buildings and other structures shall be placed so as to maximize
potential of land for open space and natural resources preservation, scenic view
protection, and/or continued agricultural use. In effort to maximize these goals
the following shall be considered. (i) existing natural resources on the site; (h)
scenic view corridors from existing or planned public ways; (iii) existing
agricultural use or ability of the land to be improved for agriculture; (iv) size and
shape of contiguous open space; and (v) natural topography and existing
vegetation.
The subject property is currently vacant meadowland on less than an acre. As indicated above
the proposed development is in keeping with the developed patterns on adjacent properties,
and as indicated below, the proposed development complies with the scenic view protection
regulations. Beyond scenic viewsheds, no significant or unique natural resources are known to
occur on the subject property.
(c) The placement of buildings and utilities shall conform to plans for public facilities
including, but not limited to, parkland, recreation and pedestrian paths, streets,
schools and sewer and water facilities.
The subject property does not correspond with existing or planning public facilities as indicated
on the City of South Burlington Official Map adopted October 19, 1992, last revised February
8, 2002.
(d) In developing a plan that maximizes the goals identified above, the developer
shall rely on specific site analyses, inventory maps contained in the
Comprehensive Plan, and city planning studies.
Staff has reviewed city planning maps and geographic data in its review of this application.
Dorset Park View Protection Zone D
2. Landscaping and vegetation within the southwest corner of the property and falling
within the Dorset Park View Protection Zone D of the Scenic View Protection Overlay
District shall be maintained such that it does not exceed an elevation of 441 ft.
CITY OF SOUTH BURLINGTON 4
DEVELOPMENT REVIEW BOARD
DEPARTMENT OF
PLANNING & ZONING
\drb\misc\wulfson\restricted. srp.doc
As indicated on the map on page 1 of this staff review, the southwest corner of the property
falls within the Dorset Park View Protection Zone D (DPVP-D) of the Scenic View Protection
Overlay (SV) District. Pursuant to Section 22.407, no part of any structure within the DPVP-D
shall exceed an elevation of 441 ft. No structures are proposed within the DPVP-D. Pursuant
to Section 22.406 of the Zoning Regulations, landscaping and vegetation within the DPVP-D
shall be maintained such that it does not exceed an elevation of 441 ft. The applicants have
not proposed any landscaping within the DPVP-D.
Staff recommends that the Development Review Board approve this miscellaneous application
#MS-03-01, subject to the following conditions:
Prior to the issuance of a zoning permit, the applicants shall provide measurements for
maximum building coverage, maximum overall coverage, maximum building height, and
minimum floor area, which comply with the dimensional requirements of the SEQ District.
2. Landscaping and vegetation within the southwest corner of the property and falling
within the Dorset Park View Protection Zone D of the Scenic View Protection Overlay
District shall be maintained such that it does not exceed an elevation of 441 ft.
Respectfully submitted,
Janet M. Hurley, Assoc to Planner
Copy to: Todd & Maureen Wulfson, Applicants
Attachment
Application for the Development Review Board
Todd and Maureen Wulfson
1404 Spear Street
Proposed Single Family Home
Question 14: List Abutters
1402 Spear Street David and Linda Young
1406 Spear Street Douglas and Christine Franzoni
1340 Spear Street Karen, Kevin and Brent Farrell
Consideration of Zoning Ordinance Section 6.501(h):
Lot was subdivided before the date 6/22/92 as evidenced by the attached deeds.
Proposed use is one single-family residence.
(i) Lot is located entirely within the resricted area.
Consideration of the standards set forth in Section 6.606:
(a) The size of the lot (100 feet by 400 feet) limits the size of any designated open
space. However, the house will be located on the back (easterly) half of the lot,
preserving the appearance of open space that is created by several adjoining
houses having large front yards on Spear Street.
(b) (i) There are currently no streams, wetlands, floodplains, conservation zones,
wildlife habitats, trees (other than scrub trees at very front of lot) or unique
geological features.
(ii) The placement of the house on the back of the lot preserves the existing
view corridor from Spear Street.
(iii) The shape and size of the lot with houses on each side severely limits any
potential for agricultural uses.
(iv) There is currently undeveloped property behind (east of) the lot, but there
is limited green space potential due to size of this lot and consideration of
maintaining the existing aesthetics and view from Spear Street.
(v) There are no existing forest lands on the lot and the vegetation is limited
primarily to grass. The topography lends itself to the proposed placement
of the house on the slightly elevated back (Easterly) half of the lot.
(c) The proposed placement of the house and driveway conforms with planned public
facilities that are related to this lot. The lot, and its owners by assignment, are a
party to the Spear Street Northeast Special Assessment District. The proposed
house will be served by the recently constructed sewer extension.
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12eporded in Vol. 3S0
Of So.Budington Land RecO;ds
Attest: ��� j I ARRANTY DEED
Donna S. Kmville, eitY Clerk
KNOW ALL PEOPLE BY THESE PRESENTS that I, MARIO A. MORSELLI of
South Burlington in the County of Chittenden and State of Vermont, GRANTOR,
in the consideration of One Dollar and Other Good and Valuable Consideration
paid to my full satisfaction by TODD WULFSON and MAUREEN WULFSON,
husband and wife, of South Burlington, in the County of Chittenden and State of
Vermont, GRANTEES, by these presents, do freely GIVE, GRANT, SELL,
CONVEY AND CONFIRM unto the said Grantees, TODD WULFSON and
MAUREEN WULFSON, husband and wife and their heirs and assigns forever, a
certain piece of land in the City of South Burlington, in the County of Chittenden
and State of Vermont, described as follows, viz:
Being all and the same land conveyed to Mario A. and Mariafranca
Morselli, husband and wife by Warranty Deed of Maurice A. Brown and
Jean B. Brown, husband and wife dated July 1,1975 and recorded in the
South Burlington land Records on July 2,1975 at Volume 121, Pages 307-
309, and more particularly described therein as follows:
"A vacant lot of land located on the easterly side of Spear Street having a
frontage thereon of 100 feet and a uniform depth of 400 feet and being more
particularly described as follows:
Beginning in the easterly sideline of Spear Street, at the intersection thereof
with the southerly sideline of property of Ernest J. Lanou and others; thence
proceeding in an easterly direction in and along the existing southerly line
of said Lanou property a distance of 400 feet to a point; thence turning and
proceeding in a southerly direction in a line parallel to the.easterly sideline
of said Spear Street for a distance of 100 feet to a point, thence turning and
proceeding in a westerly direction along the north sideline of land of John
Cunningham a distance of 400 feet to the easterly sideline of said Spear
Street; thence turning and proceeding in a northerly direction in and along
the easterly sideline of said Spear Street a distance of 100 feet to the -point or
place of beginning."
Mariafranca Morselli died in Williston, Vermont August, , 2002.
Reference is made to said deed, the records thereof and references therein
contained all in further aid of this description.
LAW OFFICE OF WILLIAM E. DRISLANE, 74 MAIN STREET, BURLINGTON, VT 05401 (802) 860-7266
5�5035U
TO HAVE AND TO HOLD said granted premises, with all the privileges and
appurtenances thereof, to the said Grantees, TODD WULFSON and MAUREEN
WULFSON, husband and wife, and their heirs and assigns, to their own use and
behoof forever;
And I the said Grantor, MARIO A. MORSELLI, for myself and my heirs, executors
and administrators, do covenant with the said Grantees, TODD WULFSON and
MAUREEN WULFSON, husband and wife, and their heirs and assigns, that until
the ensealing of these presents I am the sole owner of the premises, and have good
right and title to convey the same in manner aforesaid, that they are FREE FROM
EVERY ENCUMBRANCE, except as aforesaid; and I hereby engage to
WARRANT AND DEFEND the same against all lawful claims whatever, except as
aforesaid.
IN WITNESS WHEREOF, I hereunto set my hand and seal this / day of
2002.
In Presence of
Witness MARIO A. MORSELLI
State of Vermont )
) SS
Chittenden County )
At "V 11 tlhr, this day of 2002, MARIO
A. MORSELLI perso Ily appeared, and he acknowledgdg d�trument, by him
sealed and subscribed, to be his free act and deed.
Vprmartt Property Tra*70 1r Tax
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END OF
Before me,
Notary Public
My commission expires: 2/10/03
2
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FORM 1901 WARRANTY DEED
Oat. we, Maurice A.Brown,and Jean 13. Brown,, hUSband.and wife
Of South Burlington in the County Of Chittenden
and State of Vermont Grantors in the consideration of
---------------------- SIXTEEN, THOUSAND FIVE HUNDRED------------ Dollars
paid to our IWI satisfaction',by
Mario A. and Mariaftanca Morselli, husband and wife
of South--Burlincton in the County of Chittenden
and State of Vermont Grantees , by these presents, do
.&,qy Oibe, &rant, &ell, Conbep anb Confirm unto the said Grantees
Mario A. and Mariafranca Morselli, husband and wife as
tenants by the entirety
and their heirs and assifna forever, a
certain piece of land in South Burlington in the
County of Chittenden and State of Yernwnt, described as
follows, viz:
A vacant lot of land located on the easterly side of Speak Street
having a frontage thereon of...100 feet and a uniform depth.of 400
feet and being more particularly described as follows:
Beginning in the easterly sideline of Spear'Street, at t the
intersection thereof -with the southerly sideline of property
of Ernest J. Lanou and others; thence proceeding in an
easterly direction in.and along.,the existing southerly line
of said Lanou property a,'distance of-400 feet to a point;
thence turning and proceeding in a southerly.direction in a
line parallel to the easterly sideline of said spear Street
for a distance of 100 feet to a point; thence turning and
proceeding in a westerly direction along the -north sideline
of land of John Cunningham a distance of 400 feet to the
easterly sideline of said Spear Street; thence turning and
proceeding in a northerly direction in and along the
easterly sideline of said Spear Street a distance of 100 feet
to the point or place of.beginning.
Said premises are subject to covenants and restrictions of record.
There is included herewith any and all water rights appurtenant
to said land.
jUo
Being all and the -name -lama and premises conveyed to the withi
Grantors by Warranty Deed )Edward L. Austin dated January 13
1975 and of record in VolL..._ 118 at Pages 429-431 of the Land
Records of the City of South Burlington.
Reference is made to the foregoing deed and the deeds and records
therein referred to in further aid of this description.
The purchasers have represented to the sellers that they are
domiciled in Vermont and that the property being purchased is
necessary for and will be used in connection with their principal
residence and that they understand that as Vermont domicilaries
all of their income is subject to the jurisdiction of Vermont
income tax laws. The amount of Land Gains Tax of which the trans-
feror has been relieved by virtue of the purchaser's certificate
is $ which amount shall be a lien running with the land
in favor of the State of Vermont until either the amount of such
tax has been paid or until such purchaser has filed with the
commissioner a statement under the penalties of perjury that
the dwelling was constructed and occupied within the terms and
conditions previously certified.'
In the deed of Edward L. Austin above referred to, Jean Brown's
middle initial was.iricorrectly stated as "H".
To babe anb to bolb said granted premises, with all the privileges and ap-
purtenances thereof, to the said Grantee s
Mario A.'and Mariafranca Morselli, ;husband and wife as
tenants by the entirety, and their
heirs and assigns, to their own use and behoof forever;
.4nd we the said Grantors
Maurice A. Brown and Jean B. Brown
for ourselves and our heirs,
executors and administrators, do covenant with the said Grantees
Mario A. and Mariafranca Morselli, husband and,riAfe as
tenants by the entirety, and their
heirs and assigns, that until the ensealing of these presents we are
the sole owners of the premises, and have good right and title to convey the
same in manner aforesaid, that they are free from eberg encumbrance;
except as set forth above.
P
t
V
u
r
and we
hereby enjafe to warrant anb 3Ddenb the same ajainat all lawful claims
whatever,
In Witneog; Wbereof, we hereunto set our . -hand sand 8"s
this day of, d., D. 1975.
3nProoence of
Maurice A. Brown
aan B. Brown
.4t Burlington
11tate of Vermont, this
CHITTENDEN day of .4. A 19 75
MAURICE A. BROWN
personally appeared, and he acknowled0ed this instrument, by
him sealed and 8ub8cribed,; to be his free aot and deed.
Before me
Notary Public
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At Burlington,' this �0,44 day of 1975, JEAN B.
BROWN personally appeared, and she acknowledged this instrument by her
sealed and subscribed, to be her"free act and deed..
Before me,
Vermont Property Transfer TaX
32 V.S.A. Chap. 231 Notary Public
ACKNOWLEDGMENT —
Return Rec'd.:-TA� P?,,d Of 11edtfll Cell. R,c'd.-
Vt. Land Use & 0cclu;p1e,�.k.rts Act C,d. Rec'd.
Return No.
Signed r2� k
gate
Receivea,for,--record rufy 19at 1!7771- nr
Attest:
--CITY C RK
No Text
Wulfson Lot
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DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
Permit Number MJ - o 3 - 0
3
All information requested on this application must be completed in full. Failure to provide the requested information either
on this application form or on the site plan will result in your application being rejected and a delay in the review before the
Development Review Board.
I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also
that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the
hearing. I agree to pay a hearing fee which is to off -set the cost of hearing.
Type of application check one:
( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation)
( ) Request for a conditional use
( ) Request for a variance
( Other
PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) _ C. got W
WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? ,u / A
1) OWNER OF
(Name as shown on deed, mailing address, phone and fax #)
Zci P,',.,4CIe //r VT osv, 3 /X -1 /f
2) LOCATION OF LAST RECORDED DEED (Book and page #) Vo I _ S7b f,S. 3gc1 3SO
3) APPLICANT (Name, mailiX-1
address, phone and fax #
%ual� e �QI// «/7 A 2-A %)r
4) CONTACT PERSON (Name, mailing address, phone and fax #)_
06(d G..1,�1-t'. . Z� Ynnotj_ d,, S. /Sur/I.K.C�. 011�2r-D3
5) PROJECT STREET ADDRESS: I PI f PehR S-7
6) TAX PARCEL ID # (can be obtained at Assessor's Office) - ► i u n ., 1 u n u , 10 5 0 � 7 000
7) PROJECT DESCRIPTION
a) Existing Uses on Property, (including description and size of each separate use) �J ;1 e
b) Proposed Uses on property (include description and size of each new use andexistinguses to remain)
X l/c•,,C
c) Total building square footage on property (proposed buildings and existing buildings to remain)
+ f 1
d) Height Of building & number of floors (proposed buildings and existing buildings to remain, specify if basement
1
and mezzanine) t 7 q fpx+ 5k! Alvs 4o kofS Ly -1L aL. c C til'^d�
e) Number of residential units (if applicable, new units and existing units to remain) tJne
f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees)
Ni,4
g) Other (list any other information pertinent to this application not specifically requested above,
please note if Overlay Districts are applicable):
8) LOT COVERAGE
a) Building: Existing % Proposed < ) c %
b) Overall (building, parking, outside storage, etc)
Existing % Propose %
c) Front yard (along each street) Existing _% Proposed %
(does not apply to residential uses)
9
9) COST ESTIMATES
a) Building (including interior renovations): $ Z c&&
b) Landscaping: $ 9, ta)
c) Other site improvements (please list with cost): (, C;L
10) ESTIMATED TRAFFIC
a) Average daily traffic for entire property (in and out):
b) A.M. Peak hour for entire property (in and out)
c) P.M. Peak hour for entire property (In and out):
11) PEAK, HOURS OF OPERATION:. i�//4
12) PEAK DAYS OF OPERATION: / �, /
13) ESTIMATED PROJECT COMPLETION DATE:
14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet
of paper).
I hereby certify that all the information requested as part of this application has been submitted and is
accurate to the best of my knowledge.
Do not write below this line
DATE OF SUBMISSION: 6— f/G -
REVIEW AUTHORITY: 16� Development Review Board ❑ Director, Planning & Zoning
I have reviewed this site plan application and find it to be:
Complete
❑ Incomplete
4