HomeMy WebLinkAboutSD-08-50 - Decision - 1500 Dorset Street#SD-08-50
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
WILLIAM E. DAILEY, III — 1500 DORSET STREET
FINAL PLAT APPLICATION #SD-08-50
FINDINGS OF FACT AND DECISION
William E. Dailey, III, hereafter referred to as the applicant, is seeking final plat approval
to amend a previously approved five (5) lot subdivision. The amendment consists of: 1)
eliminating a row of cedar trees along the wetland buffer, and 2) reducing the amount of
the required landscaping bond 1500 Dorset Street.
The Development Review Board held a public hearing on Tuesday, November 4, 2008
and Tuesday, November 18, 2008. The applicant was present at the hearings.
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 final plat approval to amend a previously approved five
(5) lot subdivision. The amendment consists of: 1) eliminating a row of cedar
trees along the wetland buffer, and 2) reducing the amount of the required
landscaping bond 1500 Dorset Street.
2) The owners of record of the subject property are Dorset Heights, LLC and Scott
Brayman.
3) The subject property is located in the Southeast Quadrant Village Residential
Zoning District (SEQ-VR) and the Southeast Quadrant Neighborhood Residential
Zoning District (SEQ-NR).
4) The plans submitted consist of a three (3) page set of plans, page one (1)
entitled, "Dorset Heights, LLC 1500 Dorset Street South Burlington", dated
5/22/07, last revised on 10/31/08.
5) The Board understands that the proposal results from a conflict in the plan and
the ground conditions. No existing tree line in the vicinity of the wetlands is
shown on the plans. As such, a line of cedar trees was an appropriate response
to delineate the wetlands.
6) The applicant now advises us that an existing and well-defined stand of trees
exists well beyond the wetland buffer. It would not make any sense to cut down
existing, mature trees to plant new ones. The applicant has provided a new plan
which shows the existing line of trees and the proposed tree line. The proposed
tree line follows the fifty foot buffer from the wetlands on site, except where
demarcated by the split rail fencing. There shall be no tree cutting beyond these
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#SD-08-50
lines without express approval from the Development Review Board. The notes
on the plan reflect this condition.
7) The request to reduce the landscaping bond --from $8415 to $4950-- is directly
related to this request. Also, the applicant previously included the fencing value
($4350) in this amount which is not necessary. The Board has no concerns in
this matter as there was never a minimum landscaping requirement.
DECISION
Motion by Peter Plumeau, seconded by Roger Farley, to approve Final Plat Application
#SD-08-50 of William E. Dailey, III, subject to the following conditions:
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. No trees shall be cut from the wetland or wetland buffer and there shall be no
tree cutting beyond the limits shown on the plans. An appropriate delineation to
the wetland buffer shall remain in perpetuity.
4. The previously required landscaping bond is hereby reduced to $4950.
5. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
6. The final plat plan (sheet SP2) 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.
IPA
#SD-08-50
Mark Behr aeanay/abstain/not present
Matthew Birmingham — yea/nay/abstain of present
John Dinklage —area/nay/abstai not present
Roger Farley — J_pay/abstain/not presen
Eric Knudsen —ay/abstain/not present
Peter Plumeau —nay/abstain/not-present
Gayle Quimby — yea/nay/abstain of presen
Motion carried by a vote of —�- D - 0
Signed this day of Nov-vn 2008, by
r Mark Behr, Vice Chairman
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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