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HomeMy WebLinkAboutSD-02-01 - Decision - 1795 Spear Street# SD-02-01 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Preliminary plat application # SD-02-01 of Barone Construction to subdivide 1.53 acres into two lots of 1.02 acres and 0.51 acres, 1795 Spear Street. On the 22nd of January 2002, the South Burlington Development Review Board approved the request of Barone Construction seeking preliminary plat approval under Section 203 of the South Burlington Subdivision Regulations based on the following findings: 1) This project consists of subdividing 1.53 acres into two lots of 1.02 acres and .51 acres, at 1795 Spear Street. Sketch plan was reviewed on December 18, 2001. 2) The owner of record is Barone Construction, Inc. 3) This project located at 1795 Spear Street 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) Access: Access to lot #2 is by a 20 foot ROW off Spear Street with a 10 foot wide gravel drive (plan incorrectly notes 20 foot wide gravel drive), which widens to 30 feet to serve lots #3A and #3B. It widens to an 18'gravel drive in front of lot #3A then 12' gravel drive leading to #3B. Section 401.1 (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'. This requirement is not being met. The Board may waive this section pursuant to Section 513.1 of the subdivision regulations. 5) Lot size/Frontage: Both lots meet the lot size requirement for their respective districts if the Board approves the relocation of the Rl/R2 zoning district boundary. Neither lot has road frontage but are served by a ROW. 6) Sewer: The previously approved sewer allocation was for a three (3) bedroom home (450 gpd) on lot #3. The applicant is proposing two four (4) bedroom homes on Lots #3A and #3B and requests 480 gpd of additional allocation, which leaves one lot short of the necessary allocation for four bedrooms. The applicant needs to request additional allocation. 7) Impact Fees: The applicant should be aware that school, road, recreation, and fire protection impact fees are required for the development of lots #3A and #3B pursuant to the South Burlington Impact Fee Ordinance. l 8) Bartlett Brook Watershed Protection Overlay District: The purpose of the Bartlett Brook Watershed Protection Overlay District is to "control stormwater runoff and prevent worsening of erosion problems currently experienced within the Bartlett Brook/North Brook watersheds. It is the intent of this overlay district to require" - that certain land development within the Bartlett and North Brook watershed incorporate appropriate stormwater management design to insure that the development will not adversely impact the stormwater flow characteristics of the streams" The report from Heindel and Noyes should be given to the City and the plans should incorporate any recommendations prior to final plat submittal. 9) Other: The applicant should include the revised recommendations by Champlain Water District, the Fire Chief, and the City Engineer. For final plat indicate the sight distances for Spear Street on the plat plan. The applicant requests a district boundary line adjustment of 50' between lots #3A and #3B so the each lot meets the minimum lot size for each district. This is a conditional use which should'be requested at the same time as final plat submittal. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves preliminary plat application #SD-02-01 of Barone Construction to subdivide 1.53 acres into two lots of 1.02 acres and 0.51 acres, as depicted on a plan entitled "Barone Construction, Inc. 1795 Spear Street South Burlington, Vt" prepared by Trudell Consulting Engineers, Inc., dated 11/04/01, 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 include a survey of the proposed subdivision, stamped by a licensed surveyor. b) Utility connection details shall be provided per the South Burlington Subdivision Regulations. c) The plat plan shall be revised to indicate site distances to from the proposed road down Spear Street in either direction. d) The plat plan shall be revised to show electric and telephone service corning from an existing power pole on Spear Street and not from a new pole. 3) Pursuant to Section 513.1 of the Subdivision Regulations, the Development Review Board waives Section 401.1 (k) (2) of the subdivision regulations to allow a _private road to be 18 feet in width in place of the 24 foot requirement. 4) The final plat submittal shall include a report from Heindel & Noyes on their recommendations for stormwater management and any recommendations included on the final plat plans. 2 5) The Development Review Board approves an additional sewer allocation of 480 gpd for a total allocation of 930 gpd for lot #3. The applicant will be required to pay the per gallon fee prior to permit issuance. 6) The construction of the sewer pumping station, water, sewer services, and driveways shall be under the supervision of Trudell Engineering or another engineer and approved in writing to the City. 7) The final plat application shall be submitted within 12 months. 8) The single family dwellings, when constructed on lots #3A and #3B, shill include limited residential sprinkler systems, acceptable to the Fire Chief. d _0S-©2 Chair r Clerk Date 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.R.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). 3