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.
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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
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