HomeMy WebLinkAboutCU-01-29 - Decision - 0065 Farrell Street#CU-01-29
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: conditional use application #CU-01-29 of Wright/ Morrissey Realty Corp. to erect an
eight (8) to 12 foot fence for a period of two (2) years, 65 Farrell Street.
On the 24th of July, 2001, the South Burlington Development Review Board approved
the conditional use application of Wright/ Morrissey Realty Corp. under Section 26.05 of
the South Burlington Zoning Regulations based on the following findings:
1. This project consists of an application under Section, Conditional Uses, fo the
South Burlington Zoning Regulations for permission to erect an eight (8) to 12
foot fence, 65 Farrell Street.
2. The owners of record are the Wright/ Morrissey Realty Corp.
I The property is located on Shelburne Road and Farrell Street. It lies within the Cl,
C2, Conservation Open Space Districts, and the Floodplain Overlay District. It is
bounded on the north by residences and a service station, on the east by Farrell
Street, on the south by I-189, and on the west by Mall 189 and Shelburne Road.
4. The applicant sought approval to erect a temporary construction fence under Section
26.475 of the Zoning Regulations. The applicant also sought approval to modify the
setback requirements of Section 26.476 of the Zoning Regulations to allow the fence
to be erected up to the property line with a setback of zero (0) feet.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves conditional use application #CU-01-29 of Wright/ Morrissey Realty Corp. to erect
an eight (8) to 12 foot fence for a period of two (2) years, 65 Farrell Street, as depicted on
a one (1) page set of plans entitled "Existing Fence", with a stamped received date of
7/24/01, with the following stipulations:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2) The fence shall be erected in conformance with Section 26.47 of the Zoning
Regulations.
3) Pursuant to Section 26.476 of the Zoning Regulations, the South Burlington
Development Review Board modifies the setback requirements as shown on the
approved plans.
4) The applicant shall obtain a zoning permit within six (6) months pursuant to Section
27.302 of the Zoning Regulations or this approval is null and void.
5) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer that shall expire two years from issuance.
6) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Qr or Clerk ate
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 V.S.A. § 4471 and V.R. C.P. 76, in writing, within 30 days of the
date this decision is issued. The fee is $150.00. Ifyou 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 V.S.A. § 4472(d) (exclusivity of
remedy; finality).