HomeMy WebLinkAboutSD-12-10 - Decision - 1751 Spear Street#SD-12-10
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOSEPH & SUSAN MACK, 1751 SPEAR STREET
SUBDIVISION APPLICATION #SD-12-10
FINDINGS OF FACT AND DECISION
Joseph and Susan Mack, hereinafter referred to as the "applicants," are seeking after -the fact
approval to amend a previously approved four (4) lot subdivision. The amendment consists of
relocating a water line easement on lot #1 to reflect the location of the installed water line, 1751
Spear Street.
The Development Review Board held a public hearing on July 17, 2012. The applicants were
represented by Joseph Mack.
Based on the plans and materials contained in the document file for this application, the
Development Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicants are seeking after -the -fact approval to amend a previously approved four (4) lot
subdivision. The amendment consists of relocating a water line easement on lot #1 to reflect the
location of the installed water line, 1751 Spear Street.
2. The owner of record of the subject property is Ruth W. Trevithick Revocable Trust.
3. The subject property is located in the Residential 1 (R1) Zoning District.
4. The application was received on June 6, 2012.
5. The plan submitted is entitled, "Ruth Trevithick Trust 1751 Spear St. So. Burlington, Vt."
prepared by Trudell Consulting Engineers, dated 04/25/2005, last revised on 01/12/2012.
DIMENSIONAL REQUIREMENTS
Zo ing District & Dimensional Requirements
� Min. Lot Size
40,000 SF
61,419.6 SF
Max. Building Coverage
15%
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Max. Overall Coverage
25%
---
Min. Front Setback
50 ft.
---
Min. Side Setback
25 ft.
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Min. Rear Setback
30 ft.
---
Max. Building Height
---
Zoning Compliance
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CAUsers\Mark\Documents\South Burlington DRB\8.7.12 Meeting Decisions\SD_12_10_1751SpearStreet_ffd.doc
#SD-12-10
SUBDIVISION CRITERIA
Pursuant to Section 15.13 (A) of the South Burlington Land Development Regulations,
easements of sufficient width shall be provided in locations acceptable to the City Engineer
so as to serve both the proposed subdivision and existing and anticipated development
outside the subdivision.
According to Section 15.13 (B) of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity of
water, at acceptable pressure.
In its Findings of Fact and Decision dated September 6, 2005 for Final Plat Application, #SD-05-69
for 1751 Spear Street, the DRB approved subdivision of various lots including a water line running
west from Spear Street across lot #1 to the eastern edge of lot #4.
The plan submitted —entitled Ruth Trevithick Trust, 1751 Spear St. So. Burlington, Vt., Easement
Plat, originally dated 4/25/2005 with a most recent revision of 1/27/2012 - details the location of the
revised water easement to reflect the actual location of the installed water line.
The Board finds that the proposed revision is in keeping with the Land Development Regulations.
DECISION
Motion by Roger Farley , seconded by Bill Stuono, to approve subdivision application #SD-12-
10 of Joseph and Susan Mack to amend a previously approved four (4) lot subdivision,
consisting of relocating a water line easement on lot #1 to reflect the location of the installed
water line, 1751 Spear Street, subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2. This project shall be completed as shown on the plan and shall be on file in the South
Burlington Department of Planning and Zoning.
3. Any change to the final plat plan shall require approval by the South Burlington
Development Review Board.
4. The final plat plan (survey plat) shall be recorded in the land records within 180 days or
this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior
to recording.
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CAUsers\Mark\Documents\South Burlington DRB\8.7.12 Meeting Decisions\SD_12_10_1751SpearStreet_ffd.doc
#SD-12-10
Tim Barritt— yea/nay/abstain/not present
Mark Behr — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Art Klugo — yea/nay/abstain/not present
Bill Miller — yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 6 — 0 — 0
Signed this13th day of August 2012, by
Digitally signed by Mark C. Behr
Mark C B e h r em cn=Mark C. Behr, o, ou,
email=mark@rhbpc.com, c=US
Date: 2012.08.13 16:09:29-04'00'
Mark Behr, Chairman
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of
this decision, a notice of appeal and the required fee by certified mail to the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be
mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street,
South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental
Division at 802-828-1660 or http://vermontiudiciary.org/GTC/environmental/default.aspx for
more information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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C:\Users\Mark\Documents\South Burlington DRB\8.7.12 Meeting Decisions\SD_12_10_1751SpearStreet_ffd.doc