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Minutes - Development Review Board - 11/18/2014
DEVELOPMENT REVIEW BOARD 18 NOVEMBER 2014 The South Burlington Development Review Board held a regular meeting on Tuesday, 18 November 2014, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: T. Barritt, Chair; M. Behr, B. Miller, D. Parsons, J. Smith, J. Wilking ALSO PRESENT: P. Conner, Director of Planning & Zoning, G. Stampul 1. Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the Agenda: No issues were raised. 3. Announcements: No announcements were made. 4. Continued Preliminary Plat Application #SD-14-25 of Halvorsen Development to amend a previously approved planned unit development consisting of: 1) a 9,356 sq. ft., 275 seat standard restaurant, 2) a 71 room hotel (Comfort Suites), and 3) an 89 room hotel. The amendment consists of: 1) razing the 275 seat restaurant building, and 2) constructing 11,242 sq. ft. retail building, 1 Dorset Street: Mr. Conner advised that the applicant had asked to have the application continued to the next meeting. Mr. Miller moved to continue #SD-14-25 until 2 December 2014. Mr. Parsons seconded. Motion passed 6-0. 5. Final Plat Application #SD-14-31 of Gristmill Builders, Ltd., for approval to create two footprint lots, 110 Chipman Street & 53 Frost Street: Mr. Conner advised that the applicant did not correctly post the public notification, and the application could therefore not be heard tonight. Mr. Miller moved to continue #SD-14-31 to 16 December 2014. Ms. Smith seconded. Motion passed 6-0. 6. Minutes of 4 March and 4 November 2014: The minutes were not available. 7. Other Business: There was no other business. As there was no further business to come before the Board, the meeting was adjourned by common consent at 7:05 p.m. , Clerk 12/2/2014 Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. From: Debra Bell [mailto:Debra.Bell@tcevt.com] Sent: Monday, November 03, 2014 3:03 PM To: ray Cc: Thomas Vincent; Fenstermacher, Dave (DFenstermacher@VHB.com) Subject: SD 14‐25 Halvorsen Hello Ray- The applicant is formally requesting a DRB hearing date change to Dec 2, 2014. We are working hard on two operable entrances and the pergola along Dorset St., which require feedback from many stakeholders prior to our submitting to the City, and there isn’t sufficient time to get signoffs and information back to City Staff for the Nov 18th DRB hearing. Please let me know if this email request is sufficient for this hearing date change request. Regards, Debra A. Bell Senior Project Manager e. Debra.Bell@tcevt.com p. 802.879.6331 x104 d. 802.316.5074 c. 802.734.7613 Civil Engineering Land Surveying Landscape Architecture Environmental Services 478 Blair Park Road, Williston, Vermont 05495 www.tcevt.com #SD-14-31 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GRISTMILL BUILDERS, LTD. SOUTH VILLAGE - 334 PLANNED UNIT DEVELOPMENT 110 CHIPMAN STREET & 53 FROST STREET FINAL PLAT APPLICATION #SD-14-31 FINDINGS OF FACT AND DECISION Gristmill Builders, Ltd., hereinafter referred to as the applicant, is seeking approval for final plat application #SD-14-31 to create two (2) footprint lots, 110 Chipman Street & 53 Frost Street. The Development Review Board held a public hearing on November 18, 2014. Dave Lachtrupp 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 amendment consists of creating two (2) footprint lots, 110 Chipman Street & 53 Frost Street. 2. The owners of record of the subject properties is Gristmill Builders, Ltd. 3. The application was received on October 17, 2014. 4. The subject property is located in the Southeast Quadrant Zoning subdistrict. 5. The plan submitted is entitled “Plat of Survey Lot 31 Townhouses South Village 110 Chipman Street & 61 Frost Street”, dated October 15, 2014 and prepared by Civil Engineering Associates, Inc. Dimensional Standards: The applicant proposes to create two (2) fooprint lot lines in between the individual dwelling units and including front and year yard areas with each dwelling unit previously approved in this subdivision. This action would create non-conforming lots (being of insufficient individual size, and having zero setback in between each unit on a lot) and therefore will not be considered individual lots for the LDRs. For purposes of the LDRs, the two footprint lots included in this proposal shall be considered one lot (Lot 31) as approved previously. The applicant will be required to record a “Notice of Condition” to this effect which has been approved by the City Attorney prior to recording the final plat plan. #SD-14-31 2 DECISION Motion by _________________________, seconded by __________________, to approve Final Plat Application #SD-14-31 of Gristmill Builders, Ltd. subject to the following conditions: 1. All previous approvals and stipulations for the South Village project shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plat plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plat shall be submitted to the Administrative Officer prior to recording the plat. a. The plat shall be revised to indicate the correct address of the Frost Street lot as #53 not #61. b. The plat shall be revised to include the seal and signature of the land surveyor. 4. For purposes of the LDRs, all lots included in this subdivision shall be considered one (1) lot as approved previously. The applicants shall record a “Notice of Condition” to this effect which has been approved by the City Attorney prior to recording the final plat plans. 5. A digital PDF version of the full set of approved final plat shall be delivered to the Administrative Officer before recording the final plat plan. 6. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 7. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this approval is null and void. The plat plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit copies of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Tim Barritt– yea nay abstain not present Mark Behr – yea nay abstain not present Brian Breslend yea nay abstain not present Bill Miller – yea nay abstain not present David Parsons - yea nay abstain not present Jennifer Smith – yea nay abstain not present John Wilking – yea nay abstain not present Motion carried by a vote of X – 0 – 0 Signed this ____ day of __________________ 2014, by #SD-14-31 3 _____________________________________ Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. The undersigned, being a Land Surveyor licensed in and bythe State of Vermont, hereby states that: To the best of myknowledge & belief this plan includes all information requiredby 27A VSA Section 2-109 "Plats and Plans", other than thatinformation shown on architectural plans prepared by others.This statement valid only when accompanied by my originalsignature and seal.__________________________________________________Timothy R. Cowan VT LS 597NOTES:1. The subject property is Lot 31 of "South Village" Subdivision, east of Spear Street, South Burlington, VT, and is aPORTION of lands conveyed to South Village Communities, LLC by deed of Paul R. Calkins, dated November 29, 2007and recorded in Volume 348 Page 416 South Burlington Land Records. Purpose of this plan is to define and depict thedivision of Lot 31 into 2 townhouse "Units" as shown. Other property lines or details shown on neighboring parcels areshown for reference purposes only. Reference shall be made to reference plats A and B for further notations and detailsof the underlying property.2. Unit division line shown is intended to be a projection of the center line of party walls as constructed.3. Bearings shown are referenced to Grid North, Vermont Coordinate System of 1983, based on the referenced plats.Monumentation shown typically consists of 5/8" rebar or 4" square concrete monuments with aluminum caps embossed"Civil Engineering Assocs. - VT LS 597". (Proposed)4. Buried utility lines shown are schematic only and not all are shown. Actual locations may vary.5. Subject parcel falls within "Zone C" (outside of any flood hazard area) as identified by Flood Insurance Rate Map,Community Panel No. 5001 950005 B, effective date 3/16/1981.6. Frost Street and Chipman Street are described in an Irrevocable Offer of Dedication to the City of South Burlington,dated October 2007 and recorded in Volume 798 Page 241 South Burlington Land Records7. The division of Lot 31 will be subject to conditions of approval by resolution of the Development Review Board of theCity of South Burlington.REFERENCE PLATS:A. "Phase I Subdivision Plat - South Village", prepared by Civil Engineering Associates, Inc.,dated July 2004, last revised 01/15/2014.B. "Downing-Calkins Revocable Trust - South Village - Plat of Survey", prepared by Civil EngineeringAssociates, Inc., dated March 23, 2005, South Burlington Land Records.EASEMENT NOTES:The units will be served by water service lines entering from Chipman Street and Frost Street.Subject property is both subject to and benefited by easements for buried electrical and telecommunicationslines and appurtenances. Easements conveyed to Green Mountain Power Corporation (GMP) and Verizon NewEngland, Inc. (Verizon) by deed dated December 13, 2007 and recorded in Volume 803 Page 687, SouthBurlington Land Records. (Both units will be served by lines entering from near the northwest corner of Unit31.1) Easements are typically 10' wide, centered on utility as built, except as shown.Subject property is both subject to and benefited by easements for buried natural gas lines and appurtenances.Easements conveyed to Vermont Gas Systems, Inc. (VGS) by deed dated January 17, 2008 and recorded inVolume 807 Page 129, South Burlington Land Records. (Both units will be served by lines entering from thenorthwesterly sideline of Unit 31.1.) Easements are typically 10' wide, centered on utility as built.Both units will be served by sanitary sewer service line exiting at the northerly sideline of Unit 31.1. No record ofeasement was found at time of survey.The northeasterly corner of Lot 31 is subject to "Corner Site Triangular Restrictive Area" as depicted on this planand Reference Plat A.E1E2E3E4E5