HomeMy WebLinkAboutSD-13-02 - Decision - 0000 Blackberry Lane#SD-13-02
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
GARDNER & SONS DEVELOPMENT CORP. — BLACKBERRY LANE
PRELIMINARY & FINAL PLAT APPLICATION #SD-13-02
FINDINGS OF FACT AND DECISION
Gardner & Sons Development Corp., hereinafter referred to as the applicant, is seeking
preliminary & final plat plan approval to amend a previously approved planned unit
development consisting of eight (8) two-family dwellings. The amendment consists of
creating 16 "footprint lots", one (1) for each dwelling unit, Blackberry Lane.
The Development Review Board held a public hearing on February 19, 2013. Dave Burke
represented the applicant.
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 plan approval to amend a previously approved
planned unit development consisting of eight (8) two-family dwellings. The amendment
consists of creating 16 "footprint lots", one (1) for each dwelling unit, Blackberry Lane.
2. The owner of record of the subject property is Gardner & sons Development Corp.
3. The application was received on January 11, 2013.
4. The subject property is located in the Residential 4 Zoning District.
5. The plan submitted is entitled "Lands of Gardner & Sons Development Corp IDX
Drive, South Burlington, Vermont Footprint Lot Property Plat", prepared by Lamoureux &
Dickinson Consulting Engineers, and dated 1/10/13.
Dimensional Standards:
The applicant is proposing to create lot lines around the individual dwelling units
previously approved in this subdivision. This action would create non -conforming lots
and therefore will not be considered sixteen (16) lots for planning and zoning. For
purposes of planning and zoning, the sixteen (16) lots included in this proposal shall be
considered one (1) lot which includes the 3.57 acre common lot and the 16 footprint lots
(0.59 acres are encumbered by the street and street right of way and are to be conveyed
to the City). The applicant will be required to record a "Notice of Condition" to this effect
which has been approved by the City Attorney prior to recording the final plat plan.
CAUsers\Mark\Documents\South Burlington DRB\03.05.13 Meeting
Decisions\SD_13_02_BlackberryLane_Gardner&SonsDevelopment_ffd.doc
#SD-13-02
DECISION
Motion by Bill Stuono, seconded by Tim Barritt, to approve Final Plat Application #SD-
13-02 of Gardner & Sons Development Corp., 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 plat submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3. The plat 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 plat plan shall be revised to include the seal and signature of the land
surveyor.
4. For purposes of planning and zoning, all the lots included in this subdivision shall be
considered one (1) lot. The applicant shall record a "Notice of Condition" to this
effect which has been approved by the City Attorney prior to recording the final plat
plan.
5. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
6. The final plat plan (survey plat) 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. 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.
Tim Barritt —
yea
nay
abstain
not present
Mark Behr —
yea
nay
abstain
not present
Art Klugo —
yea
nay
abstain
not present
Bill Miller —
yea
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
not present
Bill Stuono —
yea
nay
abstain
not present
Motion carried by a vote of 5 — 0 - 0
N
CAUsers\Mark\Documents\South Burlington DRB\03.05.13 Meeting
Decisions\SD_13_02_BlackberryLane_Gardner&SonsDevelopment_ffd.doc
#SD-13-02
Signed this 12th day of March 2013, by
Digitally signed by Mark C. Behr
Mark C. Behr em cn=Mark C. Behr, o, ou,
email=mark@rhbpc.com, c=US
Date: 2013.03.12 16:18:00-04'00'
Mark Behr, Chairman
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. SeeV.R.E.C.P. 5(b)
(4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermont udiciaa.org/GTC/environmental/default.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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C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting
Decisions\SD_13_02_BlackberryLane_Gardner&SonsDevelopment_ffd.doc