HomeMy WebLinkAboutSD-97-0000 - Decision - 1600 Spear StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of John Larkin and Gerald Milot be amend a
condition of approval for a planned residential development consisting of 73 single
family lots, Pinnacle @ Spear, Spear Street. The amendment is to extend, by one
year, the date by which the roadways serving the development must be completed.
This will in turn extend, by one year, the approved reserved sewer allocation for
the development.
On the 8th day of July, 1997, the South Burlington Planning Commission approved
the request of John Larkin and Gerald Milot for revised final plat approval under
Section 204 of the South Burlington Subdivision Regulations based on the following
findings:
1. This project consists of amending a previously approved planned residential
development consisting of 73 single family lots, Pinnacle @ Spear, Spear Street. The
amendment is to modify condition #15 of the 8/10/93 approval to extend the time
period by which the roadways in the development are to be completed by one (1)
year. The sketch plan was reviewed on 6/10/97.
2. Condition # 15 of the 8 / 10 / 93 approval reads as follows:
"The Commission approves a total sewer allocation of 46,957 gpd for this
development. The length of time that this sewer allocation approval shall remain in
effect shall be tied to roadway construction. The roadways serving this development
shall be completed within four (4) years of final plat approval. The sewer allocation
for any lots served by roadways which are not completed within this four (4) year
time limit shall be shall be lost unless reapproved by the Planning Commission. In
addition, if at the end of three years no more than 50% of the roads have been
completed, 25% of the total sewer allocation shall be lost unless reapproved by the
Planning Commission."
3. The applicant is requesting one (1) additional year in which to complete
construction of the roadways serving the development. The applicant claims to have
been held up from starting the project due to an appeal taken to the Superior Court.
The only road yet to be developed is Vale Drive which will provide access to 22 lots.
This represents 14,151 gpd of sewer allocation. If this extension is not approved by
the Commission, and the applicant does not construct the road by December, 1997,
the 14,151 gpd of sewer allocation will go to all the projects on the waiting list and
eliminate the waiting list.
Staff recommended that the condition be revised to read as follows:
"The Commission approves a total sewer allocation of 46,957 gpd for this
development. The length of time that this sewer allocation approval shall remain in
effect shall be tied to roadway construction. The roadways serving this development
shall be completed by December 21, 1998. The sewer allocation for any lots served
by roadways which are not completed by 12/21/98 shall be shall be lost unless
reapproved by the Planning Commission."
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning Commission
approves the revised final plat application of John Larkin and Gerald Milot to amend
a condition of approval for a planned residential development consisting of 73 single
family lots, Pinnacle @ Spear, Spear Street. The amendment is to extend, by one
year, the date by which the roadways serving the development must be completed.
This will in turn extend, by one year, the approved reserved sewer allocation for
the development. This approval is based on the following stipulations:
1. Condition #15 of the 8/10/93 approval shall be revised to read as follows:
" The Commission approves a total sewer allocation of 46,957 gpd for this
development. The length of time that this sewer allocation approval shall
remain in effect shall be tied to roadway construction. The roadways serving
this development shall be completed by December 21, 1998. The sewer
allocation for any lots served by roadways which are not completed by
12/ 21 / 98 shall be lost unless reapproved by the Planning Commission".
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Chairman or Clerk
South Burlington Planning Commission
Date
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