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Home My WebLink AboutSD-06-107 - Decision - 1751 1755 Spear Street#SD-06-107 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MACK - 4 LOT SUBDIVISION 1751 & 1755 SPEAR STREET FINAL PLAT APPLICATION #SD-06-107 FINDINGS OF FACT AND DECISION Joseph and Susan Mack, hereafter referred to as the applicants, are seeking final plat approval to amend a previously approved four (4) lot subdivision. The amendment consists of modifying the location of the driveway, sewer pump station, and the stormwater detention area on lot #4, Westview Drive. The Development Review Board held a public hearing on February 6, 2007. Bob Gallo represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting 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 final plat approval to amend a previously approved four (4) lot subdivision. The amendment consists of modifying the location of the driveway, sewer pump station, and the stormwater detention area on lot #4, Westview Drive. 2. The owner of record of the subject property is the Ruth Trivithick Trust. 3. The subject property is located in the Residential 1 (R1) Zoning District and the Bartlett Brook Overlay District. 4. The plans submitted consist of a four (4) page set of plans, page one (1) entitled, "Ruth Trevithick 1751 Spear St. So. Burlington, VT. Lot 4 Subdivision Plat", prepared by Trudell Consulting Engineers, Inc., dated 4/25/05, last revised on 7/20/05. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. - 1 - #SD-06-107 According to Section 15.13 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 an acceptable pressure. The South Burlington Water Department has reviewed the proposed water lines and provided commP_.nts in a IPttP_.r datPd June 24 innF HP hnc czint-o stated that no no , i wvv r%vic vv is necessary and that previous comments remain in effect. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The City Engineer has reviewed the proposed sewer lines and his comments are in a June 9 memo. He has stated that he has no new comments and that previous comments remain in effect. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant has submitted acceptable plans for erosion control. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The proposed subdivision and its related private drive are located more than 400 yards from the next roadway entering or exiting Spear Street. The changes proposed herein will not cause congestion of any adjacent roads. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The City's Official Wetland Map indicates that there are no wetlands on the subject property. However, the property falls within the Bartlett Brook Overlay District. Section 12.03 (C) (2) applies: The Development Review Board shall not approve any land development proposal which must be reviewed under this section unless it includes appropriate storm management design to prevent an increase over pre -development conditions of the peak discharge and velocity of stream flow downstream of the development site. Section 12.03(D) governs the procedures for evaluation: In order for the City to determine that the standards in section C above are met the applicant for a land development project shall submit applicable information regarding the development and storm management design to the City for inclusion into the City's stormwater hydrology computer model. The applicant has contracted Heindel and Noyes Inc. to complete a revised assessment as outlined in Section 12.03. Heindel and Noyes Inc. reviewed the site plan at the time of the -2- #SD-06-107 previous final plat application in September of 2005. However, the changes proposed as part of this application warrant additional review. The applicant shall adhere to any recommendations by the consultant and provided in the final report dated February 2, 2007. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The proposed subdivision is compatible with the planned development patterns of the R1 Zoning District, as outlined in Section 4.01(A) of the Land Development Regulations. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The proposed building envelopes are designed to maximize open space in the front of the homes. This is sufficient to satisfy this criterion. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. Previous subdivision of this property required residential sprinklering of units because the private road was below city public road standards. The fire chief specified this as a requirement for those units and for all units accessed by this private drive. In a memo dated July 1, 2005, the fire chief has stated that this requirement will be continued as a stipulation to homes built on lot 4. His comments have not changes as a result of the new application. This criterion was addressed at the previous approval. All stipulations from that approval will remain in effect. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. This criterion was addressed at the previous approval. All stipulations from that approval will remain in effect. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The applicant is proposing to relocate the driveway for lot 4 more easterly. The Board has no issues with this proposal. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision is in conformance with the South Burlington Comprehensive Plan. -3- #SD-06-107 Lot Layout There are no changes to this criterion as a result of this application. Other Per Section 3.05(B) of the South Burlington Land Use Regulations, concerning lots with no public road frontage, this subdivision shall be considered a major subdivision and is subject to the requirements and major subdivision criteria of Article 15 of the South Burlington Land Development Regulations. DECISION Motion by '� L�� `� `1 �� , seconded by 1"1/1�6 1 A/1 L� y� to approve Final Plat Application #SD-06-107 of Joseph & Susan Mack, subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 2) This project shall be completed as shown on the plat submitted by the applicants, and on file in the South Burlington Department of Planning and Zoning. 3) The applicant shall adhere to the recommendations of the Heindel and Noyes report dated 2/2/07as follows: The amount of impervious surfaces on lot #4 shall be limited to 5400 sq. ft. (2700 sq. ft. building footprint/paved, and 2700 sq. ft. gravel surfaces). Any additional impervious surfaces will require additional review by the Development Review Board. 4) Any change to the final plat plan shall require approval of the South Burlington Development Review Board. 5) The mylar shall be recorded prior to permit issuance. 6) The final plat plan (sheet SP1) 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. IM t I #SD-06-107 Mark Behr —yea/nay/abs in/ of presen sa Matthew Birmingham — ea ay ain/not present John Dinklage nay abstain/not present Roger Farley — e ay/abstain/not present Eric Knudsen — e ay/abstain/not present Peter Plumeau — nay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote of G - b - b Signed this � day of4all't2007, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). -5-