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HomeMy WebLinkAboutSD-07-04 - Decision - 0222 Dorset Street#SD-07-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 222 DORSET STREET - PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION #SD-07-04 FINDINGS OF FACT AND DECISION Patrick Malone, hereafter referred to as the applicant, is seeking final plat approval for a planned unit development consisting of: 1) converting an existing 18,327 sq. ft. building from auto sales and service to retail food establishment use and, 2) constructing a 15,406 sq. ft. gfa addition (including 5,071 sq. ft. of mezzanine space) for retail food establishment use and 1760 sq. ft. of short-order restaurant use for a total of 33,733 sq. ft, 222 Dorset Street. The Development Review Board held a public hearing on Tuesday, February 6, 2007. David G. White 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 The applicant is seeking final plat approval for a planned unit development consisting of: 1) converting an existing 18,327 sq. ft. building from auto sales and service to retail food establishment use and, 2) constructing a 15,406 sq. ft. gfa addition (including 5,071 sq. ft. of mezzanine space) for retail food establishment use and 1760 sq. ft. of short-order restaurant use for a total of 33,733 sq. ft, 222 Dorset Street. 2. The preliminary plat was approved on January 16, 2007. 3. The owner of record of the subject property is Patrick Malone. 4. The subject property is located in the Central District 1 (CD1) Zoning District. 5. The plans submitted consist of a 13 page set of plans, page one (1) entitled, "Subdivision Plat Property of Patrick Malone No. 222 Dorset Street South Burlington Vermont", prepared by Stuart J. Morrow, dated Jan 1988, last revised on 1/8/07. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Section 8.05(A)(2) of the SBLDR's requires a 20 foot setback. The applicant is proposing that the addition will project 15 feet into the setback and resulting in a five (5) foot front setback. The Board approves of this waiver. -1- #SD-07-04 PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the SBLDR, PUDs shall comma with the following standards and conditions: (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. The South Burlington Water Department has reviewed the plans and provided comments in a letter dated January 23, 207. The applicant shall adhere to the comments. The South Burlington City Engineer reviewed the final plat plans and provided comments in a memo dated January 25, 2007. (b) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 and Section 16.04 of the South Burlington Land Development Regulations. (c) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The Board had invoked technical review of this proposal. The consultant, Vanasse Hangen Brustlin, referred to herein as VHB, has reviewed the plans and provided comments in a memo dated December 13, 2006. Staff has been coordinating discussions between the applicant and the consultant. In summary, the consultant has advised staff that, although the traffic counts submitted by the applicant are inaccurate and were improperly calculated, it is the geometry of the intersection that is important. The consultant has stated that the geometry presented on the plans is sufficient at this time. The overall site circulation and the proposed continued use of the curb cut at the south end of the property is acceptable; however this must be marked and limited exclusively to EXIT ONLY with right turns, and must be for service vehicles only. The driveway at the intersection is planned to be 40 feet wide, to accommodate two 12- foot lanes exiting and a 16-foot lane entering when City Center is fully developed. This wider section extends into the driveway for 75 feet. This full width is then tapered back. The configuration of the driveway into the parking lot has the access to the parking lot as far away from the intersection as possible and should work well. No changes are recommended. Trip Generation: The report submitted is based on a combination of retail food use and short order restaurant. The applicant's traffic report is basing traffic generation for the short order restaurant on the number of seats and not square footage. This is acceptable for this location. Given that the vehicle trip ends are based on the number of seats, the site is estimated to generate 391 vtes during the P.M. peak hour. The existing use is estimated to generate 48.4 vtes for a total additional vtes of 342.6. -2- #SD-07-04 The raised center median on Dorset Street, north of the intersection needs to be extended to the south to conform to the new intersection alignment. The plan notes that the existing granite curb will be reused. Any modifications to the intersection should conform to the future geometric requirements of the intersection. (d) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The site plan has been reviewed for its consistency with the City's Official Map, the Potash Brook Watershed Restoration Plan, the Army Corps of Engineers Preliminary Restoration Plan (PRP) for Tributary 3, and the Tributary 3 Hydrologic Model. As background, the Preliminary Restoration Plan is the background document for a $1.3 million construction and stream restoration program funded by the Lake Champlain Basin Program. The recommended PRP actions do affect this property. These actions are critical to development of the City Center and restoration of Potash Brook. The property owner has been made aware of these plans and their impact on City Center. The proposed restoration actions in the Preliminary Restoration Plan are: a. Replacement and minor relocation of the existing culvert under Dorset Street and under the Malone parcel with a wider concrete box culvert that will reduce flow constriction and thus the amount of water that backs up onto the Malone, Munson, and Orthopedic Associates parcels. The existing culvert is shown in the black dashed line; the proposed culvert is shown in pink. b. "Daylighting" (taking the stream out of the culvert and exposing it to natural light) a small segment of the stream from the end of the existing culvert into the existing channel. Daylighting at this point is essential for reducing flow constriction and improving water quality. The daylighted/restored stream channel is shown in blue. C. Creating a naturalized stream bank (purple) and riparian buffer area (green). -3- #SD-07-04 .�.mt• i - sip,, ,�; . , :•is#- ")`�wM �' 4'tRbaa• Gei¢a�'s•R1` �,, t . � � •ems-. , (r �tra5e �-s;�k er.»a,atc_ 1 77 f. >',ro7111a1o; ?c, E`.a. '"+ro likiW too 0 44 71,'` The City has secured funding for this work and does not expect the property owner to contribute to these costs. The request is to remove physical impediments to the planned restoration and take steps to ensure that use of the property is consistent with the environmental restoration. The stormwater management facility proposed for the east side of the property is completely acceptable to the City and consistent with City Center and Tributary 3 plans. #SD-07-04 All existing paved areas of the existing parking lot that are shown in green are functionally part of the stream buffer area and should NOT be paved. The applicant has considered these needs and has complied. The trash container bays have been appropriately relocated to be in compliance with the wishes of the Board. The present location of the transformer is acceptable for the time being. The applicant should not be required to relocate the transformer. The City will be responsible for moving the transformer to a new location when the restoration plan is carried out. The Findings of Fact reflect that the City should be responsible for the cost of amending the site plan approval and record drawing for the property (e) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The applicant met with the Design Review Committee for review most recently on January 22, 2007. The Committee discussed the plans submitted and asked the applicant to propose something that would break up the monotony of the brick wall along the Dorset Street fagade and the north fapade. The applicant then submitted several options for the DRC to review. The DRC has unanimously expressed favoritism of the option labeled as #1 with the condition that it is extended to the north facade as well as the Dorset Street fapade. Otherwise, the DRC approves of the plans as submitted and recommends that the Development Review Board approve the design elements of this project. (i) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. As discussed in the analysis of the Tributary 3 restoration and proposed impervious and permeable surfaces above, the project has been revised to meet these needs. (g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The South Burlington Fire Chief has reviewed the plans and provided comments in a letter dated January 31, 2007. 10. The applicant shall adhere to the comments of the South Burlington Fire Department per the letter dated January 31, 2007. (h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. An easement in the area along Tributary 3 as indicated is requested of the applicant in order to carry out the restoration plans. In addition, the applicant must grant sufficient right-of-way to accommodate the City Center entry road and Dorset Street intersection. -5- #SD-07-04 Staff has been working with counsel to identify where the right-of-way from Dorset Street shall end in order to best accommodate the current and future plans for the area. Counsel has since rendered an opinion that it will be appropriate to continue the ROW to the property line. The plans have been revised to reflect this. (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The applicant has submitted revised exterior lighting details (cut -sheets) and a lighting plan for the proposed project. The cut sheets for the proposed wall -mounted light, canopy light, and pole light, meet the standards for shielded, down -cast lights. (j) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). So long as easements and rights -of -way are provided where requested, and the stream channel protected as indicated in this memo, the Board believes that the proposed project is consistent with the goals and objectives of the Comprehensive Plan. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. 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. The proposed project is estimated to require 188 parking spaces. The applicant is proposing to provide 146 parking spaces and is requesting a parking waiver of 42 spaces or 22.34% The applicant has submitted an analysis of natural food stores as well as parking counts on public streets with parking within 800 feet of the proposed site. They argue, based on their research, that the parking provided will be sufficient for the proposed use. Based on this analysis, the Board supports the request for the parking waiver. Although the Board supports the waiver requested for this proposal based on the analysis of other natural food stores, the Board recognizes that this study is based on a very specific use. It is unlikely that the analysis would apply to all grocery stores, which would likely require a greater ratio of parking than natural food stores. Therefore, to prevent this problem, the approval should be conditioned to require any change in use from a natural food store to reapply to the Development Review Board. M #SD-07-04 The subject lot requires five (5) handicapped accessible parking spaces. Five are shown on the plan. The plans depict a bicycle rack. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. This criterion is largely being met. (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 highest point of the proposed building will be no higher than 25 feet, in compliance with the South Burlington Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. It has already been noted that new utility lines must be underground. (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 Design Review Committee has reviewed the building elevations and commented on this criterion. They find the proposed materials to be visually appealing and in compliance with this criterion. (f) 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 Design Review Committee has reviewed the building elevations and commented on this criterion. They find the proposed elevations to be visually appealing and 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. This has already been commented on. The Right of Way shall be extended to the eastern property line and an easement shall be granted to the City for the stream restoration plans. (b) Electric, telephone and other wire -served utility lines and service connections -7- #SD-07-04 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. It has already been indicated that new utility lines must 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). This criterion is being met. (d) Landscaping and Screening Requirements. Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plans and may not be within a stream buffer area. The applicant is proposing snow storage areas on the northern parcel at this time. The Board finds this acceptable. Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the South Burlington Development Review Board. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. Based on submitted building costs of $2,870,500, the minimum landscaping budget shall be $36,205. The location of this property presents unique challenges as it will serve as one of the main gateways to the future South Burlington City Center. While landscaping is fundamental, the site should also offer other design elements. Staff has been working with the applicant towards a comprehensive landscape and hardscape plan. The working concept is to provide funds for an urban art area, currently being labeled the `blue zone' which extends along the new entrance road and a portion of Dorset Street. Funds for this shall come in part from the landscaping budget and in part from the cost to construct a sidewalk (at this time, the roadway details have not been finalized and so the sidewalk should not yet be constructed). The Board and the applicant have agreed to the following: Minimum Required Landscaping Budget $36,205 Cost of On -site Landscaping - $19,648 Remaining Funds for Urban Art Area = $16,557 Estimated Cost of Sidewalk + $18,900 Applicant's Commitment for Urban Art Design Competition = $35,457 #SD-07-04 An area on the Planting Plan (Sheet 1-1.0, last revised 1/25/07) is indicated as the "Urban Art Community Design Competition" (referred to hereinafter as the "blue zone") extending along the frontage of Dorset Street on private property, and extending east - west into the property from Dorset Street to the east driveway in an eleven -foot -wide strip encompassing ten feet of proposed public right of way and one foot of private property. It is the Board's finding and conclusion that a final approval for the site plan shall allow for a design and public art competition to be held in the spring of 2007 to design a final landscaping, sidewalk, grading, and public art installation plan ("blue zone plan"). Such plan is to be developed through a competitive process overseen and judged by a jury of South Burlington residents and officials, with final approval of the plan by City Council. ♦ Such plan is to include landscaping that at a minimum will, when combined with landscaping approved herein for other areas of the site, meet the minimum landscaping budget established in the South Burlington Land Development Regulations. ♦ Such plan also is to include a sidewalk sufficient to meet public standards extending from the existing sidewalk at Dorset Street to the near side of the driveway at the eastern end of the site. ♦ Such plan also is to include some means of screening the northern edge of the parking area from the proposed public right-of-way. It is the DRB's finding and conclusion that the City Council, pursuant to the recommendation of the jury, shall approve the overall blue zone plan. Once approved by City Council, a site plan indicating the details of the plan sufficient for DRB site plan approval shall be submitted by the applicant for review and approval by the DRB. Once a final blue zone plan has been incorporated into the approval by the DRB and construction has been initiated, any minor amendments to the Blue Zone Plan resulting from changes to the design or site conditions initiated by the design team or jury shall be treated as field changes pursuant to Section 14.05(I) of the Land Development Regulations, and shall not require further DRB review. If by September 1, 2007 it is clear to the applicant and staff that installation of the approved site improvements in the blue zone plan, including but not limited to landscaping, grading, screening, fencing or other improvements, cannot reasonably be completed by November 1, 2007, a site plan indicating the appropriate temporary condition of the Blue Zone to be in place in the winter season shall be submitted for DRB approval no later than September 15, 2007. This temporary approval shall be sufficient for the grant of a permanent Certificate of Occupancy (provided all other conditions are met on all other areas of the site) once site conditions within the Blue Zone are consistent with the approved temporary plan. At the earliest practicable point in the construction season of 2008, the applicant shall apply for and obtain a zoning permit to complete final installation of the blue zone plan, and obtain a permanent Certificate of Occupancy reflecting completion of all approved site conditions. The proposed parking areas contain more than twenty (20) parking spaces, and therefore should be landscaped in accordance with Section 13.06(B) of the Land Development IWOR #SD-07-04 Regulations. The plans meet this requirement with 10.1 % of the interior of the parking lot in landscaped islands. The City Arborist has reviewed the plans and issued comments in a memo dated January 22, 2007. Revised plans were submitted on February 1, 2007. However, the Arborist has not yet had the opportunity to review them. (e) Other The maximum F.A.R. (Floor Area Ratio) allowed is 0.8. The applicant is proposing a F.A.R. of 0.24. The proposed project includes a restaurant component that is subject to the grease trap ordinance. The applicant shall work through all issues pertaining to this and shall receive approval from the Water Pollution Control Superintendent prior to issuance of a Certificate of Occupancy. DECISION Motion by seconded by to approve Final Plat Application # D-07-04 of Patrick Malone, subject to the following conditions: 1. All previous approvals and stipulations 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 plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording. a. The plans shall be revised to comply with the requests of the City Engineer as outlined in his memorandum dated January 25, 2007. b. The landscaping plan shall be revised to the satisfaction of the South Burlington City Arborist. 4. The applicant shall adhere to the comments of the South Burlington Water Department per the letter dated January 23, 2007. 5. The applicant shall adhere to the comments of the South Burlington City Engineer per the memo dated January 25, 2007 except condition #2. 6. The applicant shall adhere to the comments of the South Burlington Fire Department per the letter dated January 31, 2007. -10- #S D-07-04 7. The Board grants a front setback waiver of fifteen (15) feet. 8. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 and Section 16.04 of the South Burlington Land Development Regulations. 9. The southern exit shall be limited exclusively to exit only with right turns. This exit shall only be used by service vehicles. Vehicular access including employee access and parking is not acceptable. This area shall be marked accordingly, including signage which indicates exit only, one -directional travel, and no left turns. 10. The applicant shall provide an easement to the City of South Burlington for the area indicated by the subdivision plat found above so that they may carryout the stream restoration plan. 11. The City of South Burlington shall be responsible for the cost of amending the site plan approval and record drawing for the property at said time when the transformer is moved to a new location. 12. The brickwork proposed as labeled "Option 1, Exhibit A" shall be continued to the north fapade. 13. Any changes to the materials, architecture, lighting, facades, or other design elements shall require re -approval by the DRC and the DRB. 14. The applicant shall grant sufficient easements along Tributary 3 in order for the City to complete its restoration plans when requested to do so by the City. 15. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 16. The Board approves a parking waiver of 42 spaces or a 22.34% for a total of 146 spaces. 17. The property shall be limited to only natural food market (with short order restaurant) unless permitted by the Development Review Board under separate approval for other uses, including grocery. 18. An area on the Planting Plan (Sheet L1.0, last revised 1/25/07) is indicated as the "Urban Art Community Design Competition" (referred to hereinafter as the "blue zone") extending along the frontage of Dorset Street on private property, and extending east -west into the property from Dorset Street to the east driveway in an eleven -foot -wide strip encompassing ten feet of proposed public right of way and one foot of private property. It is the DRB's finding and conclusion that a final approval for the site plan shall allow for a design and public art competition to be held in the spring of 2007 to design a final landscaping, sidewalk, grading, and public art installation plan ("blue zone plan"). Such plan is to be developed through a competitive process overseen and -11- #SD-07-04 judged by a jury of South Burlington residents and officials, with final approval of the plan by City Council. ♦ Such plan is to include landscaping that at a minimum will, when combined with landscaping approved herein for other areas of the site, meet the minimum landscaping budget established in the South Burlington Land Development Regulations. ♦ Such plan also is to include a sidewalk sufficient to meet public standards extending from the existing sidewalk at Dorset Street to the near side of the driveway at the eastern end of the site. ♦ Such plan also is to include some means of screening the northern edge of the parking area from the proposed public right-of-way. It is the DRB's finding and conclusion that the City Council, pursuant to the recommendation of the jury, shall approve the overall blue zone plan. Once approved by City Council, a site plan indicating the details of the plan sufficient for DRB site plan approval shall be submitted by the applicant for review and approval by the DRB. Once a final blue zone plan has been incorporated into the approval by the DRB and construction has been initiated, any minor amendments to the Blue Zone Plan resulting from changes to the design or site conditions initiated by the design team or jury shall be treated as field changes pursuant to Section 14.05(I) of the Land Development Regulations, and shall not require further DRB review. If by September 1, 2007 it is clear to the applicant and staff that installation of the approved site improvements in the blue zone plan, including but not limited to landscaping, grading, screening, fencing or other improvements, cannot reasonably be completed by November 1, 2007, a site plan indicating the appropriate temporary condition of the Blue Zone to be in place in the winter season shall be submitted for DRB approval no later than September 15, 2007. This temporary approval shall be sufficient for the grant of a permanent Certificate of Occupancy (provided all other conditions are met on all other areas of the site) once site conditions within the Blue Zone are consistent with the approved temporary plan. At the earliest practicable point in the construction season of 2008, the applicant shall apply for and obtain a zoning permit to complete final installation of the blue zone plan, and obtain a permanent Certificate of Occupancy reflecting completion of all approved site conditions. 19. The applicant shall obtain a Grease Trap Permit from the Water Pollution Control Superintendent prior to issuance of a Certificate of Occupancy. 20. The applicant shall obtain final wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to permit issuance. 21. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the change in use and addition will generate 342.6 additional vehicle trip ends during the P.M. peak hour. 22. The applicant shall post a $36,205 landscaping bond. This bond shall remain in full -12- #SD-07-04 effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 23. The actual signage is not approved through this application. The applicant shall obtain sign permits from the Code Officer, for any alterations to the existing signs. 24. Prior to recording the final plat plans, the applicant shall record legal documents, approved by the City Attorney (e.g. irrevocable offer of dedication, warranty deeds for public road, and stream buffer easement, etc.). 25. Prior to start of the improvements described in condition # 24 above, the applicant shall post a bond which covers the cost of said improvements. 26. In accordance with Section 15.14(E)(2) of the Land Development Regulations, within 14 days of the completion of the required improvements, the developer shall submit to the City Engineer "as -built" construction drawings certified by a licensed engineer. 27. The applicant shall submit a Certificate of Title, pursuant to Section 15.17 of the Land Development Regulations, showing the ownership of all property and easements to be dedicated or acquired by the City which shall be approved by the City Attorney prior to recording the final plat plans. 28. Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 29. The Development Review Board grants a period of five (5) years for approval of Phases II and III of the proposed development. At such a time as the five years is reached and the applicant has not sought a zoning permit for phases II or III, they shall be eligible, per Section 17.04 of the South Burlington Land Development Regulations, for (1) extension to an approval if reapplication takes place before the approval has expired and if the Development Review Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Development Review Board may specify a period of time up to one (1) year for the extension. 30. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 31. The final plat plan (subdivision plat & sheet C1.02) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or 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. Mark Behr — yea/nay/abstai not present Matthew Birminghar ye nay a s ain/not present John Dinklage — ea/ ay abstain/not present - 13 - #SD-07-04 Roger Farley — $e/naay/abstain/not present Eric Knudsen —ay/abstain/not present Peter Plumeau nay/abstain/not present Gayle Quimby nay/abstain/not present Motion carried by a vote of Signed this 7 day of r LA c r i 2007, by John Dinklage, Chair 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). -14-