HomeMy WebLinkAboutMS-13-03 - Decision - 0000 Songbird Road#MS-13-03
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
PAUL STEINMAN — SONGBIRD ROAD
MISCELLANEOUS APPLICATION #MS-13-03
FINDINGS OF FACT AND DECISION
Paul Steinman, hereinafter referred to as the applicant, is seeking approval to install a landscape
feature for the Heatherfield residential complex, Songbird Road.
The Development Review Board held a public hearing on September 3, 2013. Dean Lawes and
Celine Ingalls 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. Paul Steinman is seeking approval to install a landscape feature for the Heatherfield
residential complex, Songbird Road.
2. The application was received on July 25, 2013.
3. The owner of record of the subject property is Heatherfield Homeowners Association.
4. The subject property is located in the Residential 2 Zoning District.
5. The plans submitted consist of a one (1) page plan entitled "Heatherfield Dorset & Spear
Streets South Burlington, Vermont" prepared by Krebs & Lansing Consulting Engineers dated July
3, 2013 and last revised on August 29, 2013.
SECTION 14. Landscape Feature Signs Section 13.19 Signs of the LDRs states that "(n)o signs
shall be erected or maintained except in conformance with the Sign Ordinance of the City of
South Burlington."
Section 14 of the Sign Ordinance sets forth the requirements for Landscape Feature Signs and
states in part as follows (note: items which are omitted below are not applicable to the
Development Review Board's Review):
SECTION 14. Landscape Feature Signs
(a) ........
(b) A landscape feature to which a sign is proposed to be attached must be
approved by the South Burlington Development Review Board (DRB) as part of its issuance of a
permit for the lot on which the sign is proposed. Upon approval by the DRB of a landscape
feature, the Code Officer may issue a sign permit for the use of the landscape feature as a sign in
accordance with the dimensional and administrative requirements of this Ordinance.
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(c) Location. No sign may be attached to a landscape feature that is closer than five
(5) feet to any property line at any point. No sign larger than 40 square feet may
be attached to a landscape feature that is closer than 20 feet to any property
line at any point.
(d) ......
(e) ......
(f)
(g) No landscape feature to which a sign is attached may exceed six (6) feet in
height from finished grade at any point, or four (4) feet in average height, from the finished
grade at the base of the landscape feature. The Development Review Board may allow up too
maximum of seven (7) feet in height from finished grade and up too maximum of five (5) feet in
average height from the finished grade around the base of the landscape feature, upon a finding
that the sign as proposed:
(1) Will not appear unduly bulky or massive from any public street,
sidewalk, public land or traveled way,
(2) Will not present a hazard to traffic or pedestrian safety; and
(3) Will be in keeping with the scale and character of other landscaping on
the same and adjacent lots.
The proposed landscaped feature is a masonry wall measuring approximately 7 to 8 ft. wide, 4
ft. high and 9 inches thick. The proposed landscape feature is located approximately five point
one (5.1) feet from the property lines.
1. The Board finds that the proposed landscape feature complies with the above criteria.
DECISION
Motion by Tim Barritt, seconded by Art Klugo, to approve miscellaneous application #MS-13-03
of Paul Steinman subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2. This project shall be completed as shown on the plans submitted by the applicant and on file
in the South Burlington Department of Planning and Zoning.
3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of
the Land Development Regulations or this approval is null and void.
4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to
use of the landscape feature.
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5. Any change to the site plan shall require approval by the South Burlington Development
Review Board or the Administrative Officer.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Art Klugo—
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
David Parsons
yea
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
not present
Jennifer Smith —
yea
nay
abstain
not present
The application was approved by a vote of 5 — 0 — 0
Signed this 201h day of September 2013, by
Digitally signed by Mark C. Behr
Mark C. BehrDN:c=mark C.Behr, om,c
email=mark@rhbpc.com, c=US
Date: 2013.09.20 15:09:30-04'00'
Mark Behr, 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://vermont*udiciarV.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 .
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