HomeMy WebLinkAboutSP-05-41 - Decision - 0049 Commerce AvenueCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
KENNETH P. SMITH - 49 COMMERCE AVENUE
SITE PLAN APPLICATION #SP-05-41
FINDINGS OF FACT AND DECISION
Kenneth P. Smith, hereafter referred to as the applicant, is seeking site plan approval to
amend a previously approved site plan for a 35,000 sq. ft. building for a multiple of
commercial & industrial uses. The amendment consists of re -approval for an outside
storage area, 49 Commerce Avenue. The Development Review Board held a public
hearing on October 18, 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 site plan approval to amend a previously approved site
plan for a 35,000 sq. ft. building for a multiple of commercial & industrial uses.
The amendment consists of re -approval for an outside storage area, 49
Commerce Avenue.
2. The Development Review Board voted for approval of the site plan on July 15,
2003 and issued their approval through the Findings of Fact and Decision on July
29, 2003. However, the applicant did not obtain a zoning permit or a certificate of
occupancy for this property within six months of approval, as required in the
conditions of approval. Therefore the previous approval is null and void.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. The owner of record of the subject property is Kenneth P. Smith.
5. The plan submitted is entitled, "K.P. Smith Lots 25-26 Commerce Avenue, South
Burlington, VT", prepared by Lamoureux & Dickinson Consulting Engineers, Inc.,
dated 3/28/03, last revised on 7/2/03.
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DECISION &iA
Motion by L- /►I , seconded by FAA$
to approve Site Plan App ication SP-05-41 of Kenneth P. Smith, subject to a following
conditions.
1. All previous approvals and stipulations, which are not superseded by this
approval, shall remain in effect.
2. This project shall be completed as shown on the plans submitted by the
applicant, as amended by this decision, and on file in the South Burlington
Department of Planning and Zoning.
3. The applicant shall obtain a zoning permit within six (6) months pursuant to
Section 17.04 of the Land Development Regulations or this approval is null and
void.
4. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the outside storage area.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Mark Behr e nay/abstain/not r sent
Matthew Birmingham — yea/nay abstai not present
Chuck Bolton — &nay/abstain/no present
John Dinklage — ka/nay/abstain of rese
Roger Farley—6ea)ngy/abstain/not present
9
Motion carried by a vote of -L
Signed this IS day of 40G1-0';E1Z-- 2005, by
Mark Behr, Vice Chairman
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
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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