HomeMy WebLinkAboutSP-09-14 CU-09-02 - Supplemental - 0026 Country Club Drive1
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CITY OF SOUTH B URLINGTON
DEVELOPMENT REVIEW BOARD
\drb\sit\AccessoryApts\Lyon accessory unit.doc
#s4&5
DEPARTMENT OF PLANNING & ZONING
Report preparation date: February 27, 2009
Plans received: February 6, 2009
A CCESSOR Y APAR TMENT — 26 COUNTRY CLUB DRIVE
Owner/Applicant
Jeffrey Robert Lyon
26 Country Club Drive
South Burlington, VT 05403
Location Map
SITE PLANAPPLICATION #SP-09-14
CONDITIONAL USE APPLICATION #CU-09-02
date: March 3.2009
Property Information
Tax Parcel ID 0480-00026
R4 Zoning District
C
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
PROJECT DESCRIPTION
2 DEPARTMENT OF
PLANNING & ZONING
\drb\misc\AccessoryApts\Lyon accessory unit.doc
Jeffrey Lon, hereafter referred to as the applicant, is seeking site plan and conditional use
approval to construct a 722 sq. ft. accessory residential unit, 26 Country Club Drive.
COMMENTS
Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as
staff, reviewed the plan submitted on February 6, 2009 and have the following comments.
ACCESSORY RESIDENTIAL UNITS
Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district
where a single-family residence is a principal permitted use, one (1) accessory residential unit
within or attached to a primary single-family residence or within an existing, permitted accessory
structure may be permitted by the DRB in accordance with Article 14, Site Plan Review, and the
following additional criteria:
(a) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the
total habitable area of the single-family dwelling unit.
The single family dwelling unit is 2444 SF. The accessory residential unit is proposed to be
722 SF, or 29.5% of the habitable area of the principal dwelling. Thus, the applicant is in
compliance with this criterion.
(b) The principal dwelling shall be owner occupied.
The applicants currently reside in the principal dwelling. This shall remain the case.
1. The principal dwelling shall remain owner -occupied.
(c) Adequate wastewater capacity is available to service the accessory unit, as demonstrated
by the issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the
South Burlington Ordinance regulating the use of public and private sanitary sewage and
stormwater systems.
2. The applicant shall apply for wastewater allocation from the Director of Planning and
Zoning.
(d) Two additional off-street parking spaces shall be provided on the same lot, either in a
garage or a driveway, or not in any areas required to meet coverage limitations, or any front
yard other than a driveway, required by these Regulations.
The applicant is proposing to add an additional garage bay and widen the existing single lane
driveway. This would result in two spaces in the garage and space enough in the driveway for
four vehicles. This is sufficient to satisfy this requirement.
(e) A zoning permit shall be required for the accessory residential unit.
l
CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drb\misc\AccessoryApts\Lvon accessory unit.doc
3. The applicant shall obtain a zoning permit from the Administrative Officer for the
accessory residential unit.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the following
general review standards for all site plan applications:
(a) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and
adequate parking areas.
There is adequate consideration given to pedestrian movement and parking on the site.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable.
Parking is to the front and side of the building. However, given that the nature of the project as a
single-family residential use, staff finds this layout acceptable and in harmony with the rest of the
neighborhood.
(c) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or adjoining buildings.
The height of the existing home and the proposed addition (24 ft) are within the limits specified by
the SBLDR.
(d) Newly installed utility services and service modifications necessitated by exterior alterations
or building expansions shall, to the extent feasible, be underground.
The applicant has not proposed any additional lighting as part of this application.
(e) The DRB shall encourage the use of a combination of common materials and architectural
characteristics, landscaping, buffers, screens and visual interruptions to create attractive
transitions between buildings of different architectural styles.
The principal residential dwelling and accessory unit are in compliance with this criterion.
(t) Proposed structures shall be related harmoniously to themselves, the terrain, and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
The principal residential dwelling and accessory unit are in compliance with this criterion.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the
South Burlington Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access to abutting
properties whenever such access is deemed necessary to reduce curb cuts onto an arterial
of collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drb\misc\AccessoryApts\Lyon accessory unit.doc
Staff does not feel it is necessary to require any additional access easements as part of the
proposed project.
(b) Electric, telephone and other wire -served utility lines and service connections shall be
underground. Any utility installations remaining above ground shall be located so as to have
a harmonious relation to neighboring properties and to the site.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance with any
recycling or other requirements, shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s).
As the subject building is a single family residence, staff understands that trash will be maintained
inside the building until time for trash pickup.
Traffic
This project will not generate a sufficient amount of traffic to warrant concern or further review.
CONDITIONAL USE CRITERIA
Pursuant to Section 3.10(E), Conditional Use Review by the Development Review Board shall
be required if the establishment of the accessory residential unit involves the "construction of a
new accessory structure, an increase in the height or floor area of the existing single-family
dwelling..... "
The DRB must find that the proposed uses will not adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
Educational facilities will not be affected, as the accessory apartment will be occupied by no
more than two individuals. In addition, staff does not believe that the accessory apartment will
adversely affect other municipal services.
(b) The essential character of the neighborhood or district in which the property is
located, nor ability to develop adjacent property for appropriate uses.
Staff believes that the proposal is in keeping with residential uses on surrounding properties and
will not adversely affect the character of the area or the ability to develop adjacent properties.
(c) Traffic on roads and highways in the vicinity.
The addition of one or two residents will have negligible affects on traffic in the vicinity.
(d) Bylaws in effect.
The proposed project is in keeping with regulations, provided the applicant obtains water and
sewer allocation.
I
CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF
DEVELOPMENT REVIEW BOARD PLANNING & ZONING
\drb\misc\AccessoryApts\Lyon accessory unit.doc
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(fl General public health and welfare
Staff does not believe that the proposed accessory apartment will have an adverse affect on
general public welfare.
Other
The accessory dwelling unit is limited to only one (1) bedroom.
4. The accessory dwelling unit is limited to only one (1) bedroom.
Staff recommends that the Development Review Board approve Site Plan application #SP-09-14
and Conditional Use application #SD-09-02 subject to the conditional items above.
Respectfully submitted,
', ` ly,✓ �_
�CbffiVAn aRose, ssociate Planner
Copy to: Jeffrey Robert Lyon, Property Owners
File
AGENCY OF NATI�'AL RESOURCES (ANR) AND NATUI( RESOURCES BOARD
w http://vvw.E ir-ate.vt.us/dec/ead/pa/index.htm / http://www.nrb.state.vt.us/
PROJECT REVIEW SHEET
THIS IS NOT A PERMIT
TOTAL # OF DEC PERMITS: PRE -APPLICATION REVIEW:
RESPONSE DATE: PENDING APPLICATION #: WW-4-3364
DISTRICT: TOWN: South Burlington PIN: EJ09-0398
OWNER OF PROJECT SITE: APPLICANT OR REPRESENTATIVE:
(Name) Jeffrey Lyon (Name)
(Address) 26 Country Club Drive (Address)
(Town) (State) (Zip) South Burlington VT 05403 (Town) (State) (Zip)
(Telephone) 802-324-8404 _(Telephone)
Project Name:
Based on a written or oral request or information provided by Kevin R. LaRose, received on 9/08/2009, a project was
reviewed on a tract/tracts of land of 0.3 acres, located on Country Club Drive. The project is generally described as:
Permit the conversion of a 3 bedroom single family residence to a 2 bedroom single family residence and a 1 bedroom
apartment served by municipal water supply and wastewater disposal.
Prior permits from this office: 4C0643,-"—CR
PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE
PRIOR TO COMMENCEMENT OF CONSTRUCTION
® I hereby request a jurisdictional opinion from the District Coordinat r i tat i Ltrict Coordinator regarding the jurisdiction of 10
V.S.A. Chapter 151 (Act 250) over the project described above.
❑ La o r gent M Permit Specialist ❑ Other Person
1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST
FROM THE ANR PERMIT SPECIALIST, THE LAN DOWNER/AGENT, OR OTHER PERSON. ANY NOTIFIED PARTY OR
INTERESTED PERSON AFFECTED BY THE OUTCOME MAY REQUEST RECONSIDERATION FROM THE DISTRICT
COORDINATOR (10 V.S.A. § 6007 (c) AND ACT 250 RULE 3 (C)) OR MAY APPEAL TO THE ENVIRONMENTAL COURT
WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V. S.A. Chapter 2201. (;! **
Project: ❑ Commercial residential 0 Municipal
Has the landowner subdivided before? ❑ Yes ❑ No When/where: # of Igts:
AN ACT 250 PERMIT IS REQUIRED: [] Yes f'I Igo Copies sent to Statutory Parties: ❑ YesTlo
BASIS! FOR DECISION:
SIGNATURE: '7 lr� U��'��DATE:�.� ADDRESS: District# Environmental Commission
r istrict Coordinator Telephone: ��
6 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED? ® Yes ❑ No
® Wastewater System and Potable Water Supply Permit (#1 & ;�*' ❑Notice of Permit Requirements (deferral language) (;�
❑ Floor Drains (#1 2) ❑ Campgrounds (� ❑ Extension of sewer lines (#5)
REGIONAL ENGINEER ASSIGNED: Dolores Eckert
SIGNATURE: DATE: 10-1-09 ADDRESS: Dept. of Environmental Conservation
® Environment jstance Office, Permit Specialist Jeff McMahon Telephone: 802-879-5676
❑ Wastewater ariagement Division, Telephone: 802-879-5656
OVER »»»»»»»
**NOTE. NUMBERS /N PARENTHESES (#) REFER TO PERMIT INFORMATION SHEETS /N THE VERMONT PERMIT HANDBOOK
http://www.anr.state.vt.us/dec/permit hb/index.htm
THIS IS A PRELIMINARY, NON-BINDIN( FETERMINATION REGARDING OTHER PERT-'S WHICH YOU MAY NEED
COMMENCEMENT OF CONSTRUCTION. � PLEASE CONTACT THE DEPAR _NTS INDICATED- BELOW.
3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact:
❑ Discharge Permits: pretreatment; industrial, municipal (#7_1, 7_2, & 8) ❑ Indirect Discharge Permits (#9 & 9_1) ❑ Residuals Management (#10)
4. AIR POLLUTION CONTROL DIVISION, ANR (888-520-4879) Contact:
❑ Construction/modification of source (#14) ❑ Open Burning #18) ❑ Wood Chip Burners (>90 HP) (#74)
❑ Furnace Boiler Conversion/Installation #14) ❑ Industrial Process Air Emissions (#14) ❑ Diesel Engines (>450,bHP) #14)
5. WATER SUPPLY DIVISION, ANR (802-241-3400) (800-823-6500 in VT) Contact:
❑ New Hydrants #22) ❑ >500' waterline construction #22) ❑ Community Water System (CWS) ❑ Bottled Water #20) ❑ Operating permit (#21)
❑ Transient Non -Community water system (TNC) #21) ❑ Capacity Review for Non -transient non -community water systems (NTNC) #21)
6. WATER QUALITY DIVISION, ANR STORMWATER PERMITS (q.6 — 6_5 )
Contact: Contact:
❑ Flood Plains (241-3759) ❑ Ponds (#32.1) ❑ Construction General Permits >1AC of disturbance (#6.1)
❑ Shoreland Encroachment (241-3777) Steve Hanna (#28) ❑ Stormwater from new development or redevelopment sites (#6.2 & 6_3)
❑ Wetlands (241-3770) #29) ❑ Multi -Sector General Permit (MSGP) industrial activities w/ SIC codes #6.4)
❑ Stream Alteration / Section 401 Water Quality Certification / Stream Crossing Structures (476-2679 / 879-5631 / 786-5906) (#27 & 32)
7. WASTE MANAGEMENT DIVISION, ANR Contact: Dennis Fekert 241-1493
❑ Hazardous Waste Handler site ID (241-3888) (#36) ❑ Underground Storage Tanks (241-3888) June Reilly Ck33)
❑ Lined landfills; transfer stations, recycling facilities drop off (241-3444) #37,39,40) ❑ Asbestos Disposal (241-3444)
❑ Disposal of inert waste, untreated wood & stumps (241-3444) C#jj & 44) ❑ Composting Facilities (241-3444) (#43)
❑ Waste oil burning (241-3888) ❑ Waste transporter permit #35) ❑ Demolition waste 241-3477 ❑ Used septic system components/stone (#41)
8. FACILITIES ENGINEERING DIVISION, ANR Contact: _
❑ Dam operations (greater than 500,000 cu. ft.) (241-3451) #45)
❑ State -funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750)
9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) #46) Contact:
SMALL BUSINESS & MUNICIPAL COMPLIANCE ASSISTANCE (1-800-974-9559) Contact:
RECYCLING HOTLINE (1-800-932-7100) Contact:
Judy Miriro/John Daly
10. FISH & WILDLIFE DEPARTMENT (802-241-3700) Contact
❑ Nongame & Natural Heritage Program (Threatened & Endangered Species) (#47.4) ❑ Stream Obstruction Approval #47.5)
DEPARTMENT OF PUBLIC SAFETY (802-479-7561) or District Office 879-2300 Contact:
Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) (#49, 50, 50.1, 50.2)
El Storage of flammable liquids, explosives ❑ LP Gas Storage ❑ Hazardous Chemical Use/Tier 11 Reporting (800-347-0488)
❑ Plumbing in residences served by public water/sewer with 10 or more customers #( 50.2) ❑ Boilers and pressure vessels #( 50.3)
12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab 800-660-9997) Contact:
❑ Food, lodging, bakeries, food processors (#51, 51.1, 52, 53, 53.1) ❑ Program for asbestos control & lead certification (#54, 55, 55.1)
[IChildren's camps []Hot Tub Installation & Inspection —Commercial #( 51.1)
13. AGENCY OF HUMAN SERVICES Contact:
❑ Child care facilities (1-800-649-2642 or 802-241-2159) (#57) ❑ Residential care homes (241-2345) (Dept. of Aging & Disabilities) (�L59)
❑ Nursing Homes (241-2345) (#59) ❑ Assisted Living and Therapeutic Community Residences (241-2345) #59
14. AGENCY OF TRANSPORTATION Contact:
❑ Access to state highways (residential, commercial) (828-2653) (#66) ❑ Junkyards (828-2053) (#62)
❑ Signs (Travel Information Council) (828-2651) #63) ❑ Railroad crossings (828-2710) (#64)
❑ Development within 500' of a limited access highway (828-2653) (#61) ❑ Airports and landing strips (828-2833) (#65)
❑ Construction within state highway right-of-way (Utilities, Grading, etc.) (828-2653) #( 66) ❑ Motor vehicle dealer license (828-2067) (#68)
15. DEPARTMENT OF AGRICULTURE (800-675-9873 OR 802-828-3429) Contact:
❑ Use/sale of Pesticides (828-3429) (#72, 73, 74, 75, 76, 77, 28) ❑ Slaughter houses, poultry processing (828-3429) (#81)
❑ Milk Processing Facilities (828-3429) (#83, 83.1, 85, 87) ❑ Animal shelters/pet merchant/livestock dealers (828-3429) (#89, 89.1)
❑ Golf Courses (828-2431) (#71) Green Houses/Nurseries (828-2431)(#79) ❑ Weights and measures, Gas Pumps, Scales (828-2436) (#88)
❑ Medium and Large Farm Operations (828-2431) ❑ Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-3429) (#75.1, 80,
VERMONT ENERGY CODE ASSSISTANCE CENTER TOLL FREE 888-373-2255 ® VT Building Energy Standards (#47.2)
17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) ❑ Historic Buildings (#47.1 & 101) ❑ Archeological Sites (#47.1 & 101
18. DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) ❑ Liquor Licenses (#9J0 ❑ General Info (1-800-642-3134)
19. SECRETARY OF STATE (1-802-828-2386) ❑ Business Registration #( 90.1) ❑ Professional Boards (1-800-439-8683) (#90.2)
20. DEPARTMENT OF TAXES (802-828-2551 & 828-5787) ❑ Income & business taxes (sales, meals/ rooms, etc) (#91, 22, 93, 94, 95, 96)
1�2 DEPARTMENT OF MOTOR VEHICLES (802-828-2070) ❑ Fuel Taxes; Commercial Vehicle (#69-70)
LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS)
23. U.S. ARMY CORPS OF ENGINEERS, 8 Carmichael St., Ste. 205, Essex Jct., VT 05452 (802) 872-2893 (#97, 98, & 99)
24. OTHER:
Sections #3424 above have been completed by Permit Specia0st Jeff McMahon Date: 10-1-09 1 may be reached at 802-879-5676
Copies have been mailed to: Revised 6/06
CI
�. VERMONT
State of Vermont
Department of Environmental Conservation
Agency of Natural Resources
WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT
LAWSLREGULATIONS INVOLVED
10 V.S.A. Chapter 64, Potable Water Supply and Wastewater System Permit
Wastewater System and Potable Water Supply Rules, Effective September 29, 2007
Chapter 21, Water Supply Rules, Effective April 25, 2005
Permit Number: WW-4-3364
Landowner: Jeffrey Lyon
26 Country Club Drive
South Burlington VT 05403
This permit affects property identified as Town Tax Parcel ID # South Burlington: 480-00026 and referenced
in deeds recorded in Book 356 Page 322 of the Land Records in South Burlington, Vermont.
This project, to convert a three bedroom single family residence to a two bedroom single family residence with
an attached one bedroom apartment on a 0.3 acre +/- lot, served by municipal water and sewer services,
located on Country Club Drive in South Burlington, Vermont, is hereby approved under the requirements of the
regulations named above subject to the following conditions.
1. GENERAL
1.1 The project shall be completed as shown on the application, plans and/or documents prepared by
LaRose Surveys, with the stamped plan listed as follows:
Sheet Number
Title
Plan Date
Plan Revision Date
1
topographical site plan of lands of Jeffi-ey R. Lyon
9/01/2009
1.2 The project shall not deviate from the stamped plan in a manner that would change or affect the
exterior water supply or wastewater disposal systems, building location, or, the approved use of the
building, without priorreview and written approval from the Wastewater Management Division.
1.3 This permit does not relieve the landowner from obtaining all other approvals and permits as may be
required from the Act 25o District Environmental Commission, the Department of Environmental
Conservation, Water Supply Division - telephone (802) 241-3400, Water Quality Division -- telephone
(8o2) 2n.1-3770. the Department Public Safety, Division of Fire Safety- telephone (802) 879-2300, the
Department of Health - telephone (802) 863-7221, and local officials prior to proceeding with this
project.
1.4 The conditions of this permit shall run with the land and will be binding upon and enforceable against
the landowner and all assigns and successors in interest. The landowner shall be responsible for the
recording of this permit in the South Burlington Land Records within thirty, (3o) days of issuance of
this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit.
1.5 Each prospective purchaser of the lot shall be shown copies of the Wastewater System And Potable
Water Supply Permit and the stamped plan prior to conveyance of the lot.
1.6 This project has been reviewed and approved for the conversion of a single family residence to a two
bedroom single family residence with a one bedroom apartment on the lot.
Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury
Wastewater System and Potable W( _ Supply Permit ` WW-4-3364
Page 2 of 2
1.7 By acceptance of this permit, the landowner agrees to allow representatives of the State of Vermont
access to the property covered by the permit, at reasonable times, for the purpose of ascertaining
compliance with the Vermont environmental and health statutes and regulations.
1.8 In issuing this permit, the Division has relied upon the licensed designer's certification that the design -
related information submitted was true and correct, and complies with the Vermont Wastewater
System and Potable Water Supply Rules and the Vermont Water Supply Rules. This permit may be
revolted if it is determined that the project does not comply with these Rules.
1.9 Any person aggrieved by this permit may appeal to the Environmental Court within 3o days of the date
of issuance of this permit in accordance with 10 V.S.A. Chapter 22o and the Vermont Rules of
Environmental Court Proceedings.
?-.WATER SUPPLY
2.1 This project is approved for the existing connection to the municipal water system as depicted on the
stamped plan. No changes to the water supply shall be allowed without prior review and approval by
the Wastewater Management Division.
3.WASTEWATER DISPOSAL
3.1 This project is approved for the existing connection to the municipal wastewater treatment facility as
depicted on the stamped plan. No changes to the wastewater disposal system shall be allowed without
prior review and approval by the Wastewater Management Division.
3.2 This permit is based, in part, on a municipal approval for connection to their wastewater treatment
facility. If the municipal approval expires, and the municipality files a written request with the
Secretary, the Secretary will remove the sewage allocation for this project from the list of committed
reserve capacity. If the municipal approval expires, this permit shall be invalid unless the municipality
renews its approval and does not request that the Secretary remove the sewage allocation for this
project from the list of committed reserve. Once the project is removed from the list of committed
reserve capacity, a new permit must be issued for the project. An updated application form and an
application fee will be required. The rules in effect at the time of the filing of the application for a new
permit will be applied to the project.
1 istin G. Johnson, Commissioner
Department of Environmental Conservation
Dolores M. Eckert, Assistant Regional Engineer
Dated September 17, 2009
cc: South Burlington Planning Commission
LaRose Surveys
Department of Public Safety, Division of Fire Safety
,oVERMONT
State of Vermont Agency of Natural Resources
Department of Environmental Conservation [phone] 802-879-5656
Wastewater Management Division [fax] 802-879-3871
Essex Regional Office
ill West Street
Essex Junction, VT 05452-4695
www.septic.vt.� v
September 8, 2009
Jeffrey Lyon
26 Country Club Drive
South Burlington VT 05403
RE: WW-4-3364, conversion of a three bedroom single family residence to a two bedroom single family
residence and a one bedroom apartment served by municipal water and sewer services located on
Country Club Drive in South Burlington, Vermont.
Dear Applicant:
We received your completed application for the above referenced project on September 8, 2009, including a fee
of $67.50 paid by check #5285. Under the performance standards for this program, we have a maximum of 30
days of "in-house" time to review your application. If we require further information from you to make a
decision, the time until we receive it is not included in the in-house performance standards. -
If you have any questions about the review process, or if you have not received a decision on your application
within the 30 in-house days, please contact this office.
We have forwarded the information contained in your application to the Information Specialist for this region.
A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact
regarding additional permits or approvals you may need under their programs. If you have not already done so,
you should also check with town officials about any necessary town permits.
For the Division of Wastewater Management
Ernestine Chevrier
Regional Office Coordinator
cc: South Burlington Planning Commission
Kevin R. LaRose
Regional Offices — Barre/Essex Jct./Rutland/Springfield/St. Johnsbury
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DEVELOPMENT REVIEW BOARD 3 MARCH 2O09
The South Burlington Development Review Board held a regular meeting on Tues.,
3 March 2009 at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St.
Members Present: J. Dinklagc, Chair; M. Behr, E. Knudsen, G. Quimby, R. Farley, P.
Plumeau
Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; T. & S.
Chastenay, B. Bolton, C. Carpenter, B. & L. Gerlack, M. Moore, Annette & Leslie, A.
Germain, Y. Benedict, K. Wheel, G. Brooks, F. Gonyaw, J. Jaeger, J. Lyon, B. Gallo, F.
Johnston, E. Robitaille, K. Lesser, D. Bell, J. Spooner, J. Silva, D. Poulin, D. & J. Zullo,
K. Unsworth, D. Boehm
1. Other Business & Announcements:
Mr. Belair reviewed a list of administrative approvals he had recently given.
Mr. Dinklage then explained the function, procedures, and limitations of the DRB. He
also reviewed the 3-step process a development goes through, from sketch plan, through
preliminary and final plats.
2. Minutes of 17 February 2009:
Mr. Farley moved to approve the Minutes of 17 February as written. Mr. Plumeau
seconded. Motion passed unanimously.
3. Site Plan Application #SP-09-17 of Eli Lesser -Goldsmith to amend a
previously approved plan for 33,733 sq. ft. office building with 31,951 sq. ft.
(including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-
order restaurant use. The amendment consists of extending the expiration date for
storage of construction materials, 222 Dorset Street:
The applicant explained that they wish a 6-month extension of the date to remove
concrete bollards. They have not yet been able to put a second coat of pavement down.
No issues were raised.
Mr. Farley moved to approve Site Plan Application #SP-09-17 of Eli Lesser -Goldsmith
subject to the stipulations in the draft motion. Mr. Behr seconded. Motion passed 5-0
with Ms. Quimby abstaining.
4. Conditional Use Application #CU-09-02, Jeffrey Lyon for a 722 sq. ft.
accessory residential unit, 26 Country Club Drive: and
5. Site Plan Application #SP-09-14, Jeffrey Lyon to construct a 722 sq. ft.
accessory residential unit, 26 Country Club Drive:
DEVELOPMENT REVIEW BOARD
3 MARCH 2O09
Page 2
Mr. Dinklage reminded the applicant that the main structure must be owner occupied and
that this requirement will be attached to the property deed.
Mr. Gonyaw, a neighbor to the left, asked about the criteria for "health & welfare." Mr.
Dinklage explained the standards the DRB considers, one of which is that the proposed
project will not adversely affect "general public welfare." This could include excessive
dust, smoke, noxious fumes, noise, etc.
Mr. Gonyaw said there are 72 existing homes in the neighborhood of which only 2 have
accessory apartments which are for relatives. Mr. Dinklage explained recent changes in
State law which expanded the ability of homeowners to create accessory units. There are
no longer limitations as to who can occupy a rental unit.
Mr. Gonyaw said he talked with someone in a different community who said the plan still
has to fit the general community. Mr. Belair said the regulation is that the proposal
cannot have an "adverse affect on the general character of the neighborhood."
Ms. LaRose noted that there is only condition use review when there is new construction.
If a unit is proposed within an existing structure, there is only site plan review.
Mr. Gonyaw said he was concerned with adverse affects on the neighborhood as the
neighborhood "is not set up for this." He was also concerned it would bring down
property values. Mr. Dinklage said the DRB cannot consider that as a criteria.
Mr. Lyon then explained that he will be expanding the garage from a one -car to a 2-car
structure on the northwest side of the house. The living unit addition will be on the back
of the house. He will also widen the driveway. The unit will reach to within 17 feet of
the existing fence. Mr. Belair noted the minimum requirement is 10 feet.
Mr. Brooks, the other neighbor, asked about the setback requirement for the garage. Mr.
Belair said it is 10 feet.
Mr. Brooks asked if renting an apartment make the use a "commercial use." Mr. Belair
said it still remains a residential use.
Mr. Gonyaw asked whether the DRB knew the exact property line. Mr. Dinklage
explained that the sketch given to the Board become a legal document. If it can be
proven to be inaccurate, the applicant could be required to remove and reduce a structure.
He added that it is within the discretion of the Board to accept documentation provided
by an applicant.
Ms. Quimby moved to approve Conditional Use Application #CU-09-02 and Site Plan
Application #SP-09-14 of Jeffrey Lyon subject to the stipulations in the draft motion.
Mr. Farley seconded. Motion passed unanimously.
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
Permit # Lq [ -!
APPLICATION FOR THE DEVELOPMENT REVIEW BOARD
All information requested on this application must be completed in full. Failure to provide the
requested information either on this application form or on the site plan will result in your
application being rejected and a delay in the review before the Development Review Board.
I understand the presentation procedures required by State Law (Section 4468 of the Planning &
Development Act). Also that hearings are held twice a month. That a legal advertisement must
appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is
to off -set the cost of the hearing.
Type of application (check one):
( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of
Violation
Request for a conditional use
( ) Request for a variance
( ) Other
PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY):
WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ?
1) OWNER OF RECORD (N me as shown on deed, mailing address, phone & fax #):
2) LOCATION OF LAST RECORDED DEED (book & page #)
3) APPLICANT (name, mailing address, phone and fax #1
4) CONTACT PERSON (person who will receive staff correspondence. Include name,
mailing address, phone & fax # if different from above):
5) PROJECT STREET ADDRESS:
6) TAX PARCEL ID #: lie - (IN ioC )l
7) PROJECT DESCRIPTION
A. Existing Uses on Property (including description and size of each separate
use):
B. Proposed Uses on Property (include description and size of each new use and
existing uses to remain):
C. Total building square footage on
building to remain): ^, , —„ -
(proposed bFings &existing
f
D. Height of building & number of floors (proposed buildings and existing
buildings to remain, specify if basement & mezzanine):
E. Number of residential Units (if applicable, new units & existing units to
remain): 1,41
F. Number of employees & company vehicles (existing & proposed, note office
vs. non -office employees):
G. Other (list any other information pertinent to this application not specifically
requested above, please note if overlay districts are applicable):
8) LOT COVERAGE
A. Total parcel size: 139 , d�, Sq. Ft.
B. Buildings: Existing �S % / (� j� '_Sq. Ft
Proposedrti '�_% / ys�C' ?--—Sq. Ft. " CA VT
in
C. Overall impervious coverage (building, parking, outside storage, etc)
Existing QtN % l ,1 i6 1. L Sq. Ft. +
Proposed % / Sq. Ft.
D. Total area to be disturbed during construction: 7 (, Sq. Ft.
* Projects disturbing more than one-half acre of land must follow the City's specifications
for erosion control in Article 16 of the Land Development Regulations. Projects
disturbing more than one acre require a permit from the Vermont Department of
Environmental Conservation.
9) COST ESTIMATES
A. Building (including interior renovations): $
B. Landscaping $ 1Ct);, , /7 (
C. Other site improvements (please list with cost):
10) ESTIMATED TRAFFIC:
A. Average daily traffic for entire property (in and out):•
B. A. M. Peak hour for entire property (in and out):
C. P.M. Peak hour for entire property (in and out):
11) PEAK HOURS OF OPERATION
12) PEAK DAYS OF OPERATION
13) ESTIMATED PROJECT COMPLETION DATE_'v�
14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting
property owners, including those across any street or right-of-way. You may use a
separate sheet of paper if necessary):
a 4 Lu"Al'-T L\ ,,I-j t ,,�
3 cfl\,viv--1 J J1,1- '0
K—k k-k— C, o(h;���� I lam- �.,>���\
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11
I hereby certify that all the information requested as part of this application has been
submitted and is accurate to the best of my knowledge.
SIGNATURE OF APPLICANT
SIGRATU'RZE OF PROPERTY WNER
Do not write below this line
DATE OF SUBMISSION: 6
REVIEW AUTHORITY: Development Review Board
❑ Director, Planning & Zoning
I have =PLETE
this application and find it to be:
❑ Incomplete
of Planning & Zoning or Designee ate
Rarir
Site Plan Application
P4
southburlington
PLANNING & ZONING
Permit Number SP- 6 f - /�
APPLICATION FOR SITE PLAN REVIEW
All information requested on this application must be completed in full. Failure to provide the
requested information either on this application form or on the site plan will result in your
application being rejected and a delay in the review before the Development Review Board.
1. OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #):
2. LOCATION OF LAST RECORDED DEED (Book and page #): VU� �� 's
3. APPLICANT (Name, mailing address, phone and fax #):
4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name,
address, phone & fax #):
5 ,Cl- &LS n�� .s•—z_
a. Contact e-mail address: 3 LI- M9 C
5. PROJECT STREET ADDRESS:
6. TAX PARCEL ID # (can be obtained at Assessor's Office):(
7. PROJECT DESCRIPTION
a. General project description explain what you want approval for):
al c .✓�,
1
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
�� ` � `'
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1 Site Plan Application
b. Existing Uses on Property (including description and size of each separate use):
L�o Ina-
c. Proposed Uses on
uses to remain): _
perty (include description and size of+}eeach new use and existing
d. Total building square footage on property (proposed buildings and existing buildings to
remain): 'I L Rci , S
e. Height of building & number of floors (proposed buildings and existing buildin s to remain,
specify if basement and mezzanine): 31,
i�i- (.� .� c
f. Number of residential units (if applicable, new units and existing units to remain):
g. Number of employees & company vehicles (existing and proposed, note office versus non -
office employees): � 1 I l=
1-1 IN
h. Other (list any other information pertinent to this application not specifically requested
above, please note if Overlay Districts are applicable):
8. LOT COVERAGE Total Parcel Size: 13q3l t c ,Sq. Ft.
a. Building: Existing ,.)-S % / I I � k J sq. ft. `
Proposed 265 % sq. ft.
b. Overall impervious coverage (building, parking, outside storage, etc)
Existing lam% / �L-��sq. ft.
Proposed T_% / !40gat sq. ft.
c. Front yard (along each street) Existing_% / sq. ft. `i
Proposed S % sq. ft.
6V'"tly� NiVi�`7
Site Plan Application
d. Total area to be disturbed during construction (sq. ft.) J 7 bk
* Projects disturbing more than one-half acre of land must follow the City's specifications for
erosion control in Article 16 of the Land Development Regulations. Projects disturbing more
than one acre require a permit from the Vermont Department of Environmental
Conservation.
9. COST ESTIMATES
a. Building (including interior renovations): $U),y�
b. Landscaping: $ 0o
c. Other site improvements (please list with cost):
10. ESTIMATED TRAFFIC
a. Average daily traffic for entire property (in and out):
b. A.M. Peak hour for entire property (in and out):
c. P.M. Peak hour for entire property (In and out):
11. PEAK HOURS OF OPERATION: — ,
12. PEAK DAYS OF OPERATION:
13. ESTIMATED PROJECT COMPLETION DATE:
14. ABUTTERS (please list all abutting landowner. Include mailing address. Also include those
across a street or right-of-way. You may use a separate sheet if necessary)
r��WA( -t s
K,,1 -4-
l / C b• *.I V; _ Lu.�
u/p
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Site Plan Application
15. SITE PLAN AND FEE
A site plan shall be submitted which shows the information listed on Exhibit A attached. Five
(5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A
site plan application fee shall be paid to the City at the time of submitting the site plan
application (see Exhibit A).
4
Site Plan Application
I hereby certify that all the information requested as part of this application has been submitted
and is accurate to the best of my knowledge.
�, �A A -,,
SIONATE OF APPLICANT
SIGNATURE OF PROPERTY OWNER
Do not write below this line
PRINT NAME
DATE OF SUBMISSION: l� b
REVIEW AUTHORITY: ODevelO ment Review Board oard ❑Administrative Officer
I have reviewed this site plan application and find it to be:
E Complete El Incomplete
� p
) ' " `/ o
)r of PI ning & Zoning or Designee VDate
N7
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South -
PLANNING & ZONING
February 11, 2009
Jeffrey Lyon
26 Country Club Drive
South Burlington, VT 05403
Dear Property Owner:
Enclosed is a copy of a public hearing notice that was printed in Seven Days. It includes an
application for development on your property. This is being sent to you and the abutting
property owners to make aware that a public meeting is being held regarding the proposed
development. The official agenda will be posted on the City's website (www.sburl.com) by
the Friday prior to the meeting.
Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding
is required in order to preserve your right to appeal a local development approval to the
Vermont Environmental Court. State law specifies that "Participation in a local regulatory
proceeding shall consist of offering, through oral or written testimony, a statement of
concern related to the subject of the proceeding."
If you would like to know more about the proposed development, you may call this office at
846-4106, stop by during regular office hours, or attend the scheduled public meeting.
Sincerely,
Zk
Jana Beagley
Planning & Zoning Assistant
Encl.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846,4101 www.sburl,rorn
southburlington
PLANNING & ZONING
February 27, 2009
Jeffrey Robert Lyon
26 Country Club Drive
South Burlington, VT 05403
Re: March 3, 2009 Hearing — 26 Country Club Drive
Dear Mr. Lyon:
Enclosed is the agenda for next Tuesday's Development Review Board meeting and
staff comments to the Board. Please be sure that someone is at the meeting on
Tuesday, March 3, 2009 at 7:30 p.m.
If you have any questions, please give us a call.
Sincerely,
yN�
Jana Beagley
Planning & Zoning Assistant
Encl.
575 Dorset Street South Burlington, VT 05403 te1.802.846.4106 fax 802.846.4101 www.sburi.com
Interested Persons Record and Service List
Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has
certain administrative obligations with respect to interested persons. At any hearing,
there must be an opportunity for each person wishing to achieve interested person
status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The
DRB must keep a written record of the name, address and participation of each person
who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision
rendered by the DRB must be mailed to every person or body appearing and having
been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to
the environmental court, the'DRB must supply a list of interested persons to the
appellant in five working days. 24 V.S.A. § 4471(c).
HEARING DATE: ii� 3,
� NAME �I l�T ( C'LE�L,�I
MAWINr. AnnRi=cc ' oor% 1C^-r •.. �.�.
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Interested Persons Record and Service List
.V jj 1e)q
Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has
certain administrative obligations with respect to interested persons. At any hearing,
there must be an opportunity for each person wishing to achieve interested person
status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The
DRB must keep a written record of the name, address and participation of each person
who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision
rendered by the DRB must be mailed to every person or body appearing and having
been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to
the environmental court, the DRB must supply a list of interested persons to the
appellant in five working days. 24 V.S.A. § 4471(c).
HEARING DATE; '3 / ` /O
T1 e6SETI;I MT e L' 110cq
NAME MAILING ADDRESS PROJECT OF INTEREST
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CITY OF SOUTH BURLINGTON
Interested Persons Record and Service List
Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has
certain administrative obligations with respect to interested persons. At any hearing,
there must be an opportunity for each person wishing to achieve interested person
status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The
DRB must keep a written record of the name, address and participation of each person
who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision
rendered by the DRB must be mailed to every person or body appearing and having
been heard by the DRB. 2-4 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to
the environmental court, the DRB must supply a list of interested persons to the
appellant in five workin da s. 24 V.S.A. § 4471(c).
HEARING DATE:
( 4
NAME Men iklf-- nnMmr-e-. --- --
OEM"
`lam
southburlington
PLANNING & ZONING
March 4, 2009
Jeffrey Lyon
26 Country Club Drive
South Burlington, VT 05403
Re: #SP-09-14, #CU-09-02
Dear Mr. Lyon:
Enclosed, please find copies of the Findings of Fact and Decisions rendered by the
Development Review Board on March 3, 2009 (effective 3/3/09). Please note the
conditions of approval including that a zoning permit must be obtained within six
(6) months.
If you have any questions, please contact me.
Sincerely,
� A�R�
Jana Beagley
Planning & Zoning Assistant
Encl.
CERTIFIED MAIL RETURN RECEIPT: 7008 0150 0003 6150 6642
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com