HomeMy WebLinkAboutSD-02-15 - Decision - 0750 Hinesburg Road#SD-02-15
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of fact, Final plat application #SD-02-15 of Pizzagalli Properties, LLC to
subdivide a 7.88 acre parcel into two (2) lots of 4.52 acres and 3.36 acres, 750 Hinesburg
Road.
On the 16'b of April 2002, the South Burlington Development Review Board approved
the request of Pizzagalli Properties, LLC seeking final plat approval under Section 204 of
the South Burlington Subdivision Regulations based on the following findings:
1) This project consists of to subdividing a 7.88 acre parcel into two (2) lots of 4.52
acres and 3.36 acres, 750 Hinesburg Road. This project was last reviewed for
preliminary plat approval on 2/19/02.
2) The owner of record is Pizzagalli Investment Company.
3) This property at 750 Hinesburg Road lies within the Mixed Industrial and
Commercial and Conservation Open Space Districts. It is bounded on the north
by a residential lot (Tilley Farm), on the east by an undeveloped lot (Tilley Farm),
on the west by Hinesburg Road and on the south by I-89.
4) Access: Access to the proposed two (2) lots is via a 60 foot ROW off Hinesburg
Road, shown on the South Burlington Official Map as a proposed city street. The
portion of the street serving lot A should be constructed to city standards. Access
to lot B (3.36 acre) is provided via a proposed 20 foot wide gravel drive within
the same ROW.
5) Lot size/Frontage: The lots meet the minimum lot size requirement of 40,000 sq.
ft. for the I-C District. Lot A has 233 feet of frontage on Hinesburg Road. Lot B
has 300 feet of frontage on the proposed road. The minimum requirement is 200
feet.
6) Traffic Overlay Zone: This property is located in Traffic Overlay Zone 5 which
allows the two combined lots to generate a maximum of 220 vehicle trip ends (vtes)
during the p.m. peak hour.
7) Recreation Path: The applicant is proposing an eight (8') foot wide recreation path
within the proposed City ROW.
8) South Burlington Water Department: The applicant should be aware that they must
be in compliance with all South Burlington Water Department recommendation
prior to obtaining a zoning permit.
9) C.O. District: The survey plat and site plan show the C.O. District/wetland buffer.
10) Landscaping: The applicant should not propose street trees on top of the water main
11) Lighting_ The applicant should provide cut sheets of proposed street lighting.
12) Other: The proposed street name is Tilley Drive.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves final plat application #SD-02-15 of Pizzagalli Investment Company to subdivide
a 7.88 acre lot into two (2) lots of 4.52 acres (lot A) and 3.36 acres (lot B), 750 Hinesburg
Road, as depicted on a 12 page set of plans, page two entitled "Boundary Plat Showing
Subdivision of Lands of Pizzagalli Properties, LLC Hinesburg Road South Burlington,
Vermont " prepared by Donald L. Hamelin Consulting Engineers, Inc., dated 1/21/02,
last revised on 2/22/02, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) Prior to issuance of zoning permit for the first lot or start of utility or road
construction, all appropriate legal documents including easements (e. g. irrevocable
offer of dedication and warranty deed for the proposed public road, and utility, sewer,
drainage, and water, etc.) shall be submitted to the City Attorney for approval and
recorded in the South Burlington land records.
3) Prior to start of construction of the improvements described in condition #2 above,
the applicant shall post a bond which covers the cost of said improvements.
4) In accordance with Section 301.5 of the subdivision regulations, with in 14 days of
completion of required improvements (e.g., roads, water mains, sanitary sewers,
storm drains, etc.) the developer shall submit to the City Engineer, "as -built"
construction drawings certified by a licensed engineer.
5) 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 plans shall be revised to show a relocation of either the water main or
street trees so they are at least a distance of 10 feet apart.
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b) The plat plans shall be revised to show the water line extending "to the furthest
boundary line on the development property at a location within the City Right-of-
way..."
c) The plat plans shall be revised to show the location of a fire hydrant at the end of
the water main in a location approved by the South Burlington Water Department.
6) The applicant shall post a landscape bond in an amount of $14,160 for street trees
prior to start of road construction. This bond shall remain in effect for three (3) years
to assure that the landscaping has taken root and has a good chance of surviving.
7) The applicant shall comply with all recommendations of the South Burlington Water
Department in a letter dated April 15, 2002, from Jay Nadeau to Donald L. Hamlin
Consulting Engineers, Inc., referencing Mountain View Business Park.
8) The applicant shall submit cut sheets of proposed street lights prior to the
construction of the road.
9) Any change to the plat plans shall require approval by the South Burlington
Development Review Board.
10) The final plat plan (boundary 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.
C Jerk 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.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).
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