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HomeMy WebLinkAboutSD-02-17 - Decision - 0099 0133 Westview Drive#SD-02-17 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Final plat application #SD-02-17 of Fletcher A. Downing for a boundary line adjustment between 99 Westview Drive and 133 Westview Drive. On the 2nd of April 2002, the South Burlington Development Review Board approved the request of Fletcher A. Downing. seeking final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1) This project consists of a boundary line adjustment between 99 Westview Drive and 133 Westview Drive. Final plat was approved on February 19, 2002 2) The owner of record is Barone Construction, Inc. 3) This project at 133 Westview Drive lies within the R1 and R2 Districts. It is bounded on the north, south, and west by single family dwellings and on the east by Spear Street. 4) The only issue affecting this application is lot size. 5) Lot size/ Frontage: Both proposed lots meet the lot size requirement for their respective districts if the Board approves the relocation of the R 1 /R2 zoning district boundary. Neither lot has road frontage but all are served by a ROW. 6) Other: The resolution note on the plat plan should be revised to read Development Review Board instead of Planning Commission. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board appro eifinal plat application #SD-02-17 of Fletcher Downing requesting a boundary line adj=e'nt between 99 Westview Drive and 133 Westview Drive, as depicted on two (2) page set of plans, page one entitled "Barone Construction, Inc. 1759 Spear St. So. Burlington, Vt Lot 3 Subdivision Plat" prepared by Trudell Consulting Engineers, Inc., dated 11/2/94, with a revised date of 3/7/02, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The plat plans shall be revised to show the changes listed below and shall require approval by the Director of Planning and Zoning (hereinafter Director). Four copies of the approved revised plat plans shall be submitted to the Director prior to recording. a) The plat approval resolution shall be revised to read Development Review Board and not Planning Commission. 3) The stormwater retention facility shall be privately maintained by the homeowners. 4) Any change to the plat plans shall require approval by the South Burlington Development Review Board. 5) The final plat plan (survey plat) shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Board Chair of Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. Chair or'C4ejk v South Burlington Development Review Board Date Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.RC.P. 76 in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of remedy; finality). 2