HomeMy WebLinkAboutSD-02-08 - Decision - 1759 Spear Street#SD-02-08
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Final plat application #SD-02-08 of Barone Construction, Inc. to subdivide a 1.53 acre
lot into two (2) lots of 1.02 and 0.51 acres, 1759 Spear Street.
On the 19"' of February 2002, the South Burlington Development Review Board
approved the request of Barone Construction, Inc. seeking final plat approval under
Section 204 of the South Burlington Subdivision Regulations based on the following
findings:
1) This project consists of subdividing a 1.53 acre lot into two (2) lots of 1.02 and 0.51
acres.
2) The owner of record is Barone Construction, Inc.
3) This project at 1759 Spear Street lies within the RI and R2 Districts. It is bounded on
the north, south, and west by single family dwellings and on the east by Spear Street.
4) Access: Access to lot #2 is by a 20 foot ROW off Spear Street with a proposed 16 foot
wide gravel drive. The ROW widens to 30 feet to serve lots #3A and #3B. The
proposed gravel drive is 16 feet wide in front of lot #3A then 12 feet wide leading to lot
#3B.
Section 40 1. 1 (k) (2) of the subdivision regulations requires all private roads be built to
city standards with the exception of curbing and widths. This section does require a
minimum width of 24 feet. This requirement is not being met. The Board waived this
requirement as part of preliminary plat approval.
5) Lot size/Frontage: Both proposed lots meet the lot size requirement for their respective
districts if the Board approves the relocation of the RI/R2 zoning district boundary.
Neither lot has road frontage but all are served by a ROW.
6) Sewer: The previously approved sewer allocation was for 450 gpd on lot #3. The
applicant requested an additional 480 gpd on December 20, 2001, and an additional 150
gpd on January 23, 2002, for a total allocation of 630 gpd. This allows for two four (4)
bedroom homes on lot #3A and #3B as proposed.
7) Impact Fees: The applicant was made aware that school, road, recreation, and fire
protection impact fees are required for the development of lots #3A and #313 pursuant to
the South Burlington Impact Fee Ordinance.
8) Other: The sight distances for Spear Street should be indicated on the final plat plan.
9) Stormwater: The stormwater retention facility should be privately maintained by the
homeowners.
10) Bartlett Brook Watershed Protection Overlay District (BBW): This property is
located within the BBW District. The applicant provided information for inclusion
into the City's stormwater hydrology computer model. A report was submitted from
the City's consultant and the plans incorporate their recommendations.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves final plat application #SD-02-08 of Barone Construction, Inc. to subdivide 1.53
acres into two lots of 1.02 acres and 0.51 acres, as depicted on a five (5) page set of plans
the first page entitled "Barone Construction, Inc. 1759 Spear Street So. Burlington, Vt.
Lot 3 Subdivision Plat " prepared by Trudell Consulting Engineers, Inc., dated 11/2/94,
with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) The plat plan shall be revised prior to final plat submittal as follows:
a) The plat plan shall be revised to indicate site distances from the proposed road
down Spear Street in either direction.
3) The Development Review Board approves an additional sewer allocation of 150 gpd
for a total new allocation of 1080 gpd for lot #3. The applicant will be required to
pay the per gallon fee prior to permit issuance.
4) The stormwater retention facility shall be privately maintained by the homeowners.
5) Impact fees shalt be paid at the issuance of a zoning permit.
6) Any change to the plat plans shall require approval by the South Burlington
Development Review Board.
7) The final plat plan (sheet 1) 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 or Clerk prior to
recording.
J
Chaienr
k_bate
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 V.S.A. § 4471 and V.X.C.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).
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