HomeMy WebLinkAboutSD-15-42 - Decision - 1630 Dorset Street#SD-15-42
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LARRY & LESLIE WILLIAMS — 1630 DORSET STREET
FINAL PLAT APPLICATION #SD-15-42
FINDINGS OF FACT AND DECISION
Final plat application #SD-15-42 of Larry & Leslie Williams to amend a previously approved planned unit
development consisting of a 10 lot subdivision. The amendment consists of: 1) revising the water service
serving lots #1 and #10, 2) replacing previously approved pervious pavers at the temporary cul-de-sac to
crushed stone, 3) designating the community garden area as being reserved for use by the residents of
the development only, and 4) creating two (2) footprint lots on lot #9, 1630 Dorset Street.
The Development Review Board held a public hearing on December 1, 2015. Larry Williams represented
the applicant.
Based on the plans and 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 seeks final approval to amend a previously approved planned unit development
consisting of a 10 lot subdivision. The amendment consists of: 1) revising the water service serving lots
#1 and #10, 2) replacing previously approved pervious pavers at the temporary cul-de-sac to crushed
stone, 3) designating the community garden area as being reserved for use by the residents of the
development only, and 4) creating two (2) footprint lots on lot #9, 1630 Dorset Street.
2. The owners of record of the subject property are Larry & Leslie Williams.
3. The subject property is located in the Southeast Quadrant Zoning District and Village Residential
Subdistrict.
4. The application was received on November 2, 2015.
S. The final approved plans consist of a five (5) page set of plans, page two (2) entitled "Williams
Subdivision 1630 Dorset Street South Burlington, VT", prepared by Lamoureux & Dickinson Consulting
Engineers, Inc., dated 1/15/13 and last revised on October 26, 2015.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
The Board finds that no changes from what was previously approved in #SD-14-20 are proposed and the
project continues to be in compliance with these requirements.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply
with the following standards and conditions:
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(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public
utility system shall be extended to provide the necessary quantity of water, at an, acceptable pressure, to the
proposed dwelling units.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or
developer shall connect to the public sewer system or provide a community wastewater system approved by
the City and the State in any subdivision where off -lot wastewater is proposed.
The proposal includes revisions to the water service for Lots #1 and #10 so that service is provided via an 8"
water main on Sadie Lane rather than the existing 12" water main on Dorset Street. The applicant has
submitted a Grading & Utility Plan.
The Board finds that this criterion is met.
(A)(2) 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 applicant has submitted a Grading & Utility Plan and a Landscaping & Erosion Control Plan. The Board
finds that this criterion is met.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
The Board finds that no changes from what was previously approved in #SD-14-20 are proposed that would
impact access, circulation and traffic management strategies.
(A)(4) 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.
As part of the Findings of Fact & Decision for #SD-14-20, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
(A)(5) 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.
As part of the Findings of Fact & Decision for #SD-14-20, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
(A)(6) 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 part of the Findings of Fact & Decision for #SD-14-20, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
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(A)(7) 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.
As indicated in the applicant's letter of October 27, 2015 the Fire Chief has reviewed and approved the
proposed change for removal of the pervious pavers and construction of the cul-de-sac with crushed
stone only.
The Board finds that this criterion continues to be met.
(A)(8) 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.
The applicant's submitted plan addresses these elements in an adequate manner. As noted above, this
proposal proposes a shared water line from Sadie Lane to service Lots #1 and Lot #10. This proposal also
adds a common easement to the subdivision plat to reflect this shared service.
The Board finds that this criterion is met.
(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
Lighting is discussed under Section 9.09, SEQ Village Residential.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility
lines shall be underground.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
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) Relationship of the proposed development to the City of South Burlington Comprehensive Plan.
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As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
(B)(1) 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.
As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
(B)(2) Parking:
a. Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this
subsection.
b. The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The
Board shall approve only the minimum necessary to overcome the conditions below.
C. ...
(iii) The parking area will serve a single or two-family home;
Only single family homes are proposed for this subdivision.
As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
(B)(3) 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.
As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
(B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground.
The plans submitted by the applicant indicate that all new utility lines are underground. The Board finds
that this criterion is met.
(C)(1) The Board 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.
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(C)(2) 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.
As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
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.
The Board finds that the reservation of land is not necessary.
(B) Electric, telephone and other wire -served utility lines and service connections 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.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground.
The plans submitted by the applicant indicate that all new utility lines are underground. The Board finds
that this criterion is met.
(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).
The proposed development consists only of single-family homes. This criterion is not applicable.
(D) Landscaping and Screening Requirements
No changes to the previously landscaping.
SOUTHEAST QUADRANT DISTRICT
This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the
provisions of Section 9 of the SBLDR.
9.06 Dimensional and Design Requirements Applicable to All Sub -Districts
The following standards shall apply to development and improvements within the entire Southeast
Quadrant Zoning District.
A. Height.
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(1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ-NR sub -district
shall not exceed forty-five feet (45'); the waiver provisions of Section 3.07(E) shall not apply to
occupied structures in these sub -districts.
Not applicable.
(2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub -district shall not
exceed fifty feet (50'); the waiver provisions of Section 3.07(E) shall not apply to occupied structures
in these sub -districts.
As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize opportunities for
creating usable, contiguous open spaces between adjoining parcels.
The Board previously found in its Findings for #SD-14-20 that this requirement was met by proposing
that the houses be placed close to the street, thereby leaving contiguous open space amongst lots 1 —
4 & 10 and amongst lots 5 — 9.
The Board hereby reaffirms this finding.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable subdistrict allowing carefully planned development at the average
densities provided in this bylaw.
As part of previously approved Findings of Fact & Decision this project, the Board found these criteria to
be met. The Board finds that none of the changes proposed as part of this application affect this finding.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be
established by the applicant.
As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on
the subject property and adjacent properties. In making this finding, the Development Review Board
may rely on evidence that the project will be covered under the General Permit for Construction issued
by the Vermont Department of Environmental Conservation.
The applicant has submitted a Grading & Utility Plan and a Landscaping & Erosion Control Plan. The Board
finds that this criterion is met.
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(5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or
primary or natural community areas and buffers in a manner that is aesthetically compatible with the
surrounding landscape. Chain link fencing other than for agricultural purposes shall be prohibited
within PUDs; the use of split rail or other fencing made of natural materials is encouraged.
No changes proposed to the previously approved landscaping. The Board finds that this criterion is
met.
C. Agriculture. The conservation of existing agricultural production values is encouraged through
development planning that supports agricultural uses (including but not limited to development plans
that create contiguous areas of agricultural use), provides buffer areas between existing agricultural
operations and new development, roads, and infrastructure, or creates new opportunities for
agricultural use (on any soil group) such as but not limited to community -supported agriculture.
Provisions that enhance overall neighborhood and natural resource values rather than preservation of
specific soil types are strongly encouraged.
The applicant's proposal includes a previously approved community garden. With this proposal, the
applicant requests that the community garden area be reserved for use by the residents of the
development only. The Board finds that the community garden area shall be reserved for use by the
residents of the development only and that this criterion is met.
D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board
that an alternative location and/or provision is approved for a specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned public facilities as
depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools,
and sewer and water facilities.
The applicant's proposal includes both construction of recreation path segments and designation of
easements for the same. The Board finds that this criterion is met.
(1) Sufficient water supply and wastewater disposal capacity shall be available to meet the needs of
the project in conformance with applicable State and City requirements, as evidenced by a City water
allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the
Department of Environmental Conservation.
See discussion of compliance with Section 15.18(A) (1) above. The Board finds this criterion to be met.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be
designed in a manner that is compatible with the extension of such services and infrastructure to
adjacent properties.
No changes proposed to the previously approved plans. The Board finds that this criterion is met.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent
with City utility plans and maintenance standards, absent a specific agreement with the applicant
related to maintenance that has been approved by the City Council.
See also discussion of compliance with Section 15.18(A) (8) & (A) (9) above.
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The Board previously found this requirement to be met as the property is currently served by an existing
recreation path running east -west, and a new sidewalk will run along the east side of the new street
running north -south.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection
can be provided, with the standards for evaluation including, but not limited to, minimum distance
between structures, street width, vehicular access from two directions where possible, looping of
water lines, water flow and pressure, and number and location of hydrants.
The Fire Chief previously reviewed the proposal as part of application #SD-14-20. As indicated in the
applicant's letter of October 27, 2015 the Fire Chief has reviewed and approved the proposed change
for removal of the pervious pavers and construction of the cul-de-sac with crushed stone only.
The Board finds that this criterion is met.
E. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on of adjacent roads and sufficient to create connectivity for
pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between
neighborhoods. In making this finding the Development Review Board may rely on the findings of a
traffic study submitted by the applicant, and the findings of any technical review by City staff or
consultants.
(1) Roads shall be designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
(2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance
standards, absent a specific agreement with the applicant related to maintenance that has been
approved by the City Council.
(3) The provisions of Section 15.12(D) (4) related to connections between adjacent streets and
neighborhoods shall apply.
As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
9.09 SEQ-VR Sub -District; Specific Standards
The SEQ-VR sub -district has additional dimensional and design requirements, as enumerated in this
Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300 and 400
linear feet; see Figure 9-2 for example. If longer block lengths are unavoidable blocks 400 feet or
longer must include mid -block public sidewalk or recreation path connections.
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(2) Interconnection of Streets
(a) Average spacing between intersections shall be 300 to 400 feet.
(b) Dead end streets (e.g. culs de sac) are discouraged. Dead end streets shall not exceed
200 feet in length.
(c) Street stubs are required at the end of dead end streets to allow for future street
connections and/or bicycle and pedestrian connections to open space and future housing on
adjoining parcels per section 15.12(D)(4).
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property
line and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs
with a notice of intent to construct future streets is strongly encouraged.
(4) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of
1:2.5 to 1:5 recommended.
In its previous Findings of Fact & Decision for the PUD, #SD-14-20, the Board found that the project does
not meet the strict guidelines of the SEQ which call for short development blocks and limits the lengths
of roadways, in order to minimize impacts on the wetlands which traverse the site from north to south
and fit into the unique shape of the lot. However, the Board also found that the design presented
achieved the best possible layout given the restrictions on the site and that lot width to length ratios
were met.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the VR
sub -district are intended to be low -speed streets for local use that discourage through movement
and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall
be as set forth in Tables 9-3 and 9-4, and Figures 9-8 and 9-9 below.
(2) Sidewalks
(a) Sidewalks must be a minimum of five feet (5') in width with an additional minimum
five-foot planting strip (greenspace) separating the sidewalk from the street.
(b) Sidewalks are required on one side of the street, and must be connected in a pattern
that promotes walkability throughout the development. The DRB may in its discretion require
supplemental sidewalk segments to achieve this purpose.
(3) Street Trees; see Section 9.08(B)(3)
(4) On -street parking; see Section 9.08(B)(4).
(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing
distances and to slow traffic; see Figure 9-6 and Section 9.08(B)(5).
(6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12'to 14') shall be
provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall
illumination levels should be consistent with the lower -intensity development patterns and
character of the SEQ with lower, smoother levels of illumination (rather than hot -spots) and
trespass minimized to the lowest level consistent with public safety.
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As part of previously approved Findings of Fact & Decision for this project, the Board found these criteria
to be met. The Board finds that none of the changes proposed as part of this application affect this
finding.
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries
for single family and multi family buildings must face the street. Secondary building entries may
open onto garages and/or parking areas. (Special design guidelines apply to arterial streets).
(2) Building FaVades. Building facades are encouraged to employ a theme and variation
approach. Buildings should include common elements to appear unified, but facades should be
varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that
create semi -private space and are oriented to the street are encouraged.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between the building
and the street is critical to the ambiance of the street environment.
(a) Buildings should be set back fifteen feet (15') from the back of sidewalk.
(b) Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks.
Porch, stoop and balcony areas within the front setback shall not be enclosed or weatherized
with glazing or other solid materials.
(4) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7.
(5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes,
and affordability is encouraged within neighborhoods and developments. These should be mixed
within blocks, along the street and within neighborhoods rather than compartmentalized into
sections of near -identical units.
As part of previously approved Findings of Fact & Decision this project, the Board found these criteria to
be met. The Board finds that none of the changes proposed as part of this application affect this finding.
Stormwater
In an email to staff dated November 18, 2015, the Department of Public Works commented as follows:
The Storm water Section has reviewed "Williams Subdivision" prepared by Lamoureau & Dickinson,
dated 1115113, last updated 10126115. We do not have any additional comments to the changes made
to the previously approved site plane. The DRB should include a condition requiring the applicant to
regularly maintain all stormwater treatment and conveyance infrastructure.
Thank you for the opportunity to comment.
Dave
David P. Wheeler
Assistant Stormwater Superintendent
The Board finds that the applicant shall regularly maintain the stormwater treatment practice.
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Notice of Conditions
There are "footprint" lots proposed on Lot 9. For purposes of the Land Development Regulations, the
Board finds that all footprint lots within a cluster will be considered one lot.
DECISION
Motion by Bill Miller, seconded by John Wilking, to approve final plat application #SD-15-42 of Larry &
Leslie Williams 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 plans submitted by the applicants, and on file in the
South Burlington Department of Planning and Zoning.
3) All land development, including but not limited to expansions, sunrooms, patios, and decks, shall be
limited to the building envelope shown on the plans to be reviewed and approved as part of the final
plat application and applicable dimensional requirements of the district. Said structures shall be
permitted through zoning permits by the Administrative Officer. Any land development on said lots
extending beyond the approved building envelopes shall require an amendment to the PUD in
application to the Development Review Board.
4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
5) The Board finds that the community garden area shall be reserved for use by the residents of the
development only.
6) 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 survey plat shall be revised to include the signature of the land surveyor.
7) For purposes of the LDRs, the footprint lots included on lot #9 together with the remaining portion
of lot #9 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 plan.
8) The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
9) The mylar shall be recorded prior to any zoning permit issuance.
10) The applicant shall regularly maintain all stormwater treatment and conveyance structures on -site.
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11) Prior to issuance of any zoning permit for site work or construction, a digital copy of the final project
plans in pdf format shall be delivered to the Administrative Officer.
12) The final plat plan (survey plat) shall be recorded in the land records within 180 days or this approval
is null and void. The plans 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 South Burlington GIS Coordinator.
13) Any changes to the final plat plan shall require approval of the South Burlington Development
Review Board.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Matt Cota —
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 4 — 0 — 3
Signed this day of
Tim Barritt, Chair
2015, by
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://vermontiudiciary.org/GTC/environmental/defauIt.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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