HomeMy WebLinkAboutSP-18-12 - Decision - 0066 Airport Road#SP-18-12
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
REILEY & COHEN PARTNERSHIP, LLC — 66 AIRPORT ROAD
SITE PLAN APPLICATION #SP-18-12
FINDINGS OF FACT AND DECISION
Reiley & Cohen Partnership, LLC, hereinafter referred to as the applicant, is seeking reapproval
of a site plan approved by the Superior Court, Environmental Division, Docket No. 36-4-16 Vtec
which expired due to not obtaining a zoning permit within six (6) months of the date of the
approval, 66 Airport Road.
Based on the plans and materials contained in the document file for this application, the
Administrative Officer finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking reapproval of a site plan approved by the Superior Court,
Environmental Division, Docket No. 36-4-16 Vtec which expired due to not obtaining a
zoning permit within six (6) months of the date of the approval, 66 Airport Road.
2. The owner of record of the subject property is Reiley & Cohen Partnership, LLC.
3. The subject property is located in the Residential 4 Zoning District.
4. The application was received on 3/09/2018.
5. The plan submitted is titled, "66 Airport Road, South Burlington, VT", prepared by
Smith/Buckley Architects, and dated 7/13/17.
6. The applicant has constructed the accessory structure which is the subject of this Court
decision without the required zoning permit.
7. This application is to reapprove Stipulated V.R.C.P, 58 Judgement Order dated 7/21/17
pursuant to Superior Court, Environmental Division, Docket No. 36-4-16 Vtec which became null
and void due to the applicant not obtaining a zoning permit within six (6) months of the
approval. Section 14.09 (B) (2) of the LDRs allows the Administrative Officer to reapprove plans
approved by the Development Review Board or in this case the Superior Court acting as the
DRB where the approval by the Board has expired within the preceding six (6) months and no
changes or alterations of any kind are proposed. No changes or alterations of any kind are
proposed with this application. The Judgement Order expired on 01/21/18 which is well within
the six (6) month window.
8. The project is described as: one accessory building for the purpose of storage and protection
from the elements of mulch, compost and other landscaping materials and supplies (hereinafter
"Landscaping Inventory') may be erected and/or constructed on the Property.
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DECISION
Based on the above Findings of Fact, the Administrative Officer herby reapproves site plan
application #SP-18-12 of Reiley & Cohen Partnership, LLC, 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 plan and shall be on file in the South
Burlington Department of Planning and Zoning.
3. Although the structure which is the subject of this decision has already been constructed,
the following conditions have not been modified from those contained in the Superior Court,
Environmental Division, Docket No. 36-4-16 Vtec Stipulated V.R.C.P, 58 Judgement Order
dated 7/21/17.
4. The area of the accessory building shall not exceed 525 square feet, which is 50% of the
area of the principal building on the Property.
5. The height of the accessory building shall not exceed the lesser of either 14 feet to the
highest point of the accessory building or the height of the existing principal building on the
Property.
6. The accessory building shall be in a location on the Property depicted on Exhibit A as
"Existing Concrete Pad" and that is not less than ten feet from the Property's westerly
boundary, no closer to the Property's northerly boundary than the northerly building face of
the existing principal building on the Property and no closer to Airport Road than the
southerly building face of the existing principal building on the Property.
7. Defendant shall obtain a zoning permit before erecting or constructing the accessory
building on the Property, and
8. No Landscaping Inventory shall be stored outside of the accessory building.
9. No later than January 1, 2018, Defendant shall repair and/or replace the portions of the
existing fence along the westerly, northerly and southerly boundaries of the Property and
along the westerly and easterly edges of the Property's existing driveway that are in poor
condition, unsightly, falling/have fallen down, and thereafter, shall maintain the fence in
good condition.
10. Defendant shall install and/or plant arbor vitae in a continuous line on the Property in the
locations depicted on Exhibit A along the Property's northerly and westerly boundaries,
subject to the following:
a. Defendant shall follow the City Arborist's instructions for spacing of the arbor vitae
from both the fence and the adjacent plants, which will depend on the species and/or
variety that the Defendant proposes.
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b. Each plant shall be no less than approximately seven feet tall, as installed and/or
planted, at the time the arbor vitae is installed and/or planted on the Property.
c. The arbor vitae shall be maintained in good health and appearance, and
d. Any plants that die shall be replaced a soon as weather allows.
11. Any truck with more than two axles and/or an overall length that exceeds 30 feet shall enter
and/or make a delivery to the Property no more than four times each calendar year and
only during the time period from 7:00 am to 12:00 pm, and only during the five month
period commencing March 1 and ending July 31.
11. 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.
12. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to
use of the building for the new use.
13. Any change to the site plan shall require approval by the South Burlington Development
Review Board or the Administrative Officer.
Signed on this (`C day of 2018 by
mond J. Belair, Admi ' rative Officer
PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by
filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of
Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of
this decision.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant
state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.
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