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HomeMy WebLinkAboutSP-09-24 - Decision - 0015 Community Drive#SP-09-24 l CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TECHNOLOGY PARK -15 COMMUNITY DRIVE SITE PLAN APPLICATION #SP-09-24 FINDINGS OF FACT AND DECISION Technology Park Partners, hereinafter referred to as the applicant, is seeking site plan approval to amend a previously approved plan, Site Plan approval #SP-09-10, for a 111 sq. ft. utility cabinet vault and cabinet mounted on top. The amendment consists of eliminating conditions # 3 and #6 of the previous approval to allow access to the cabinets to face the road, 15 Community Drive. The Development Review Board held a public hearing on April 21 2009. Robert Gallo represented the applicant. 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 plan, Site Plan approval #SP-09-10, for a 111 sq. ft. utility cabinet vault and cabinet mounted on top. The amendment consists of eliminating conditions # 3 and #6 of the previous approval, to allow access to the cabinets to face the road. 2. The application was received on March 18, 2009. 3. The owner of record of the subject property is Technology Park Associates, Inc., AXINN Vermont, and PMF Energy, Inc. 4. The subject property is located in the I-C Zoning District. 5. The plan submitted is entitled, "Technology Park Lot 13, 15 Community Drive South Burlington, VT", prepared by Trudell Consulting Engineers, dated 2/4/09 and with a last revised date of 03/17/09. 6. At a previous hearing, the Board required that the opening of the cabinets face away from the road so that landscaping could be maintained to the front. Given the logistics of the use of the cabinet, the frequency of use of the cabinet, the applicant has now asked to have the cabinets face the front. The landscaping will be maintained such that an emergency does not require them to remove anything for access. In that rare case, the applicant has stated that they will replant anything that is removed. The Board supports this request. 7. The Board finds that the screening plans meet the goals of the South Burlington Land Development Regulations to significantly screen the proposed structures. A front setback waiver was previously granted. 1 is\Development Review Board\Findings_Decisions\2009\Technology Park\TechPark_SP0924_ffd.doc #SP-09-24 DECISION [ Motion by �C q 1 , seconded byi-e>ov, F L(—: , to approve Site PI n Application #S -09-24 of Technology Park Associates subject to the 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 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. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr — oenay/abstain/not present Matthew Birmingham — yea/nay/abstain not present John Dinklage iyeay/abstain nay/abstain of present Roger Farley —/no presen Eric Knudsen —ay/abstain/not present Peter Plumeau/nay/abstain/not present Gayle Quimby nay/abstain/not present Motion carried by a vote of —9�- d -b Signed this .� / da of �t 2009 b 9 !�L � Y John Dinklage, Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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). 2 I:\Development Review Boa rd\Findings_Decisions\2009\Technology Park\TechPark_SP0924_ffd.dOc