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HomeMy WebLinkAboutSD-95-0000 - Decision - 1600 Spear Street (2)FINDINGS OF FACT & DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of L&M Partnership to amend an approved planned residential development consisting of 73 single family lots located on the east side of Spear Street. The amendment consists of relocating a portion of the proposed sewer line for the development. On the 23th day of May, 1995, the South Burlington Planning Commission approved the request of L&M Partnership for revised final plat approval under section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of relocating the sewer line which connects a previously approved 73 lot subdivision (Nowland II) to the City's sewer system. The last amendment approved by Planning Commission was on 10/25/94. 2. This project is located on the easterly side of Spear Street in the vicinity of Deerfield Drive. It is bounded on the west by Spear Street and several single family residences, on the north, south and east by undeveloped property. This property is located within the Southeast Quadrant District. 3. The sewer line approved by the Planning Commission proceeded south along the east side of Spear Street, crossed Spear Street and proceeded westerly for approximately 260 feet and then proceeded southerly across a residential lot to an existing sewer line in Whately Road. The applicant has not been able to obtain permission to cross the residential lot. The applicant proposes to proceed southerly along the west side of Spear Street after crossing the street for approximately 260 feet, then proceeding westerly across a residential lot to the sewer line in Whately Road. The portion of the sewer line located west of Spear Street which runs in an east -west direction was installed last fall. The Public Works Superintendent requested that this sewer line not be removed. The removal of this line would disturb the City's drainage line which runs parallel to this sewer line. 4. The legal documents for the revised easement should be approved by the City Attorney and recorded in the land records. Also, the plans shall be revised prior to recording to correctly show the distinction between the existing property line and easement line. 1 5. Street names: The applicant requested that two (2) of the street names in the development be changed. A revised plat should be recorded showing the new names. DECISION & CONDITONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the revised final plat application of L&M Partnership to amend an approved planned residential development consisting of 73 single family lots located on the east side of Spear Street. The amendment consists of relocating a portion of the proposed sewer line for the development, as depicted on a two (2) page set of plans, page one (1) entitled "NOWLAND TWO, South Burlington, Vermont, Sanitary Sewer Extension", prepared by FitzPatrick-Llewellyn, Inc., dated April, 1995, last revised 4/19/95, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicant shall submit for review and approval by the City Attorney the legal documents for the revised sewer easement. These legal documents shall be recorded in the land records prior to recording the final plat plans and prior to issuance of a zoning permit. 3. The final plat plans, which shall include a revised plan of the subdivision showing the revised street names, shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recording. 4. As expressly represented by the applicant, the applicant shall install sewer backflow preventers in the sewer services for properties in the vicinity of the new sewer if determined necessary by the City Engineer. Chairman oj�"Clerk South Burlington Planning Commission Dat 2