HomeMy WebLinkAboutSD-05-34 - Decision - 0069 0085 Swift StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
DANIEL MORRISSEY-VERMONT GAS-69 & 85 SWIFT STREET
FINAL PLAT APPLICATION #SD-05-34
FINDINGS of FACT AND DECISION
Daniel Morrissey, hereafter referred to as the applicant, is seeking final plat approval to
amend a previously approved planned unit development consisting of the existing
Vermont Gas building and a 38,428 sq. ft. building for general office use and a bank with
drive -through service. The amendment consists of eliminating the proposed internal
access road connecting 69 Swift Street and 85 Swift Street. The Development Review
Board held a public hearing on May 17, 2005. The applicant was present at the meeting.
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 applicant is seeking final plat approval to amend a previously approved
planned unit development consisting of the existing Vermont Gas building and a
38,428 sq. ft. building for general office use and a bank with drive -through
service. The amendment consists of eliminating the proposed internal access
road connecting 69 Swift Street and 85 Swift Street.
2) The owners of record of the subject properties are Vermont Gas Systems and
Daniel B. Morrissey.
3) The subject property is located in the Swift Street Zoning District.
4) The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Swift Street P.U.D. 57, 69, & 85 Swift Street Overall Site Plan South Burlington
Vermont", prepared by Civil Engineering Associates, Inc, dated April, 1997, last
revised on 1/31/05.
5) The Board endorses the applicant's request to eliminate the access drive that
was incorporated into the Planning Commission's original approval of the subject
planned unit development on July '15, 1997. This access drive, which would
connect the property at 69 Swift Street with the property at 85 Swift Street, would
not significantly improve traffic circulation in the area. In addition, the layout of
the roadway, as approved, will intersect a drainage way of the Potash Brook.
Since the original approval in 1997, the City has become far more aggressive in
its attempts of improving the water quaiity of impaired waterways, mainly the
Potash Brook. No traffic benefits that may result from the construction of the
roadway will justify the impacts to the drainage way that would result from its
construction.
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1072'041.7 07A
Motion by GA LP- QW14 0 1 , seconded by N4(K &7b , to
approve Final Plat Application #SD-05-34 of Daniel Morrissey, 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 plans and submitted by the
applicant, and on file in the South Burlington Department of Planning and Zoning.
3) The plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plan shall be
submitted to the Administrative Officer prior to permit issuance.
a) The plans shall be revised to replace the reference to "conservation district" with
a reference to "wetland buffer".
4) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
5) The final plat plan (sheet 1 showing the access drive eliminated) 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.
Mark Behr — e ay/abstain/not present
Chuck Bolton — e
na /abstain/not present
Mark Boucher —
na /abstain/not present
John Dinklage —
nay/abstain/not present
Roger Farley — e
/abstain/not present
Larry Kupferman —
e nay/abstain/not present
Gayle Quimby —6ea
ay/abstain/not present
Motion carried by a vote of t - I - 0
Signed this /7 day of May 2005, by
ohn 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
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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).
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