Loading...
HomeMy WebLinkAboutCU-01-23 SP-01-35 - Decision - 0625 Hinesburg Road#CU-01-23 & #SP-01-35 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, conditional use application #CU-01-23 and site plan application #SP-01-35 of Independent Wireless One Leased Realty Corp. to: 1) replace a 110 foot tower, and 2) install three (3) panel antennas on the new tower, 625 Hinesburg Road. On the loth of July, 2001, the South Burlington Development Review Board approved the conditional use application of Independent Wireless One Leased Realty Corp. under Section 26.05 and the site plan application under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of a conditional use and site plan application to: 1) replace a 110 foot tower, and 2) install three (3) panel antennas on the new tower, 625 Hinesburg Road. 2. The owner of record is Ralph Goodrich Trustee. 3. This property is bounded on the north by Kennedy Drive, on the east by Hinesburg Road, and on the south by condominiums, and on the west by medical offices. 4. Site Plan Criteria: Coverage/Setbacks: No effect expected. 5. Conditional Use Criteria: The proposed project complies with the stated purpose of the Residential Seven District which states "Offices and specified other commercial uses may be permitted within the district in locations that have direct access to arterial and collector streets and that will not adversely affect residential properties." The proposed use will not adversely affect: a) the capacity of existing or planned community facilities. No effect expected. b) the character of the area affected. No adverse effect is expected. c) traffic on roads or highways in the vicinity. The proposed use is not expected to affect traffic. d) bylaws in effect. The proposal is in conformance with the zoning regulations. e) utilization of renewable energy resources. There is no utilization of renewable energy resources to be affected. f) general public health and welfare. No adverse effect expected. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves conditional use application #CU-01-23 and site plan application #SP-01-35 of Independent Wireless One Leased Realty Corp. to: 1) replace a 110 foot tower, and 2) install three (3) panel antennas on the new tower, 625 Hinesburg Road, as depicted on a one (1) page set of plans entitled, "Site Plan for the Proposed Telecommunications Lease 625 Hinesburg Road South Burlington, Vermont," with a stamped received date of 5/29/01, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. 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. 3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the tower. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. hair or Clerk Date 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. 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 V.S.A. § 4472(d) (exclusivity of remedy; finality). 2