HomeMy WebLinkAboutSP-08-87 - Decision - 0435 Dorset Street#S P-08-87
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TJ BOYLE ASSOCIATES/VEVE - 435 DORSET STREET
SITE PLAN APPLICATION #SP-08-87
FINDINGS OF FACT AND DECISION
TJ Boyle Associates LLC, hereinafter referred to as the applicant, is seeking to amend a
site plan for a 104 unit multi -building residential complex. The amendment is for after -
the -fact approval to revise the landscaping plan by removing trees, 435 Dorset Street.
The Development Review Board held a public hearing on Tuesday, October 7, 2008.
Terry Boyle 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 to amend a site plan for a 104 unit multi -building
residential complex. The amendment is for after -the -fact approval to revise the
landscaping plan by removing trees, 435 Dorset Street.
2. The owner of record of the subject property is Veve Associates Limited, LLP.
3. The subject property is located in the Residential 7 (R7) Zoning District.
4. The plan submitted is entitled, "Dorset Commons Apartments Tree Plan Survey
and Mitigation Plan", prepared by T.J. Boyle Associates, LLC, dated 8/5/08.
5. The site was previously placed in violation based on cutting of trees on the
property without site plan approval from the Development Review Board. The
property owner appealed the decision of the Administrative Officer to issue
Notice of Violation #NV-07-18 and the Development Review Board held a public
hearing on Tuesday, February 19, 2008. The Board voted to uphold the decision
of the Administrative Officer and this application is to remedy a portion of the
violation.
6. The applicant has submitted an existing tree inventory as as -built documentation,
as well as a landscape screening mitigation plan between the subject property
and the neighboring property, known as Town Square Association, where the
trees had been removed. The proposed planting plan includes 1 Autumn Blaze
Maple (tree), 3 Autumn Magic Black Chokeberry (shrubs) and 21 Arborvitae
(shrubs).
7. No other changes to the property are proposed.
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#S P-08-87
DECISION
Motion by Qu ry1 seconded by &�/ F LC
to approve Site Pan Application SP-08-87 of TJ Boyle & Associates, subj ct 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) Prior to permit issuance, the applicant shall post a $3235 landscaping bond. This
bond shall remain in full effect for three (3) years to assure that the landscaping
has taken root and has a good chance of survival.
4) 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.
5) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer once the landscaping has been planted.
6) Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr - ye�?nay/abstain/not present
Matthew Birmingham �yeaaay/abstain/not present
John Dinklaget/nay/abstain/not
/nay/abstain/not present
Roger Farley —nay/abstain/not present
Eric Knudsen — present
Peter Plumeau — ea/,la (abstain/not present
Gayle Quimby —N�nay/abstain/not present
Motion carried by a vote of l - a - 62
Signed this day of 2008, by
r, John Dinklage, Chair
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#SP-08-87
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).
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