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HomeMy WebLinkAboutSP-01-78 CU-01-45 - Decision - 0900 0850 0894 0896 0950 Hinesburg Road#SP-01-78 & CU-01 45 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Application #CU-01-45 and #SP-01-78 of Independent Wireless One seeking conditional use approval and site plan approval. Request is for permission to: 1) install two (2) panel antennas on an existing farm silo, and 2) install ground equipment on 4' x 4' concrete pad, 850 Hinesburg Road On the 20th of November, 2001, the South Burlington Development Review Board approved the request of Independent Wireless One for approval of conditional use application under Section 26.05 and site plan under Section 26.10 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of conditional use and site plan approval for permission to: 1) install two (2) panel antennas on an existing farm silo, and 2) install ground equipment on 4' x 4' concrete pad, 850 Hinesburg Road. 2. The owner of record is Keith M. Wright Trust. 3. This property located in the Industrial Open Space District. The property is bounded by lands owned by the Nynex Mobile Limited Partnership to the north, to the west by Hinesburg Road, to the south and east by industrial. SITE PLAN CRITERIA: 4. Access: An existing residential gravel drive provides access to the telecommunications equipment. 5. Traffic: The telecommunications equipment is unmanned and will not increase traffic on Hinesburg Road. 6. Landscaping: The minimum landscaping requirement, based on building cost is $600, which is not met. Staff recommended spending this money on screening the ground - mounted equipment. The vegetative screen will hide the ground -mounted equipment from view of public roadway. CONDITIONAL USE CRITERIA: 7. The proposed project complies with the stated purpose of the Industrial Open Space District "encourage high quality, large -lot industrial or office use within planned developments which preserve and protect open space, natural resources and scenic views; minimize adverse impacts on adjoining residential properties; and enhance the visual approaches to the City" and does not adversely affect: a) the capacity of existing or planned community facilities - no effect 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 confonnance 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 and site plan applications #CU-01-45 and #SP-01-78 of Independent Wireless One to: 1) install two (2) panel antennas on an existing farm silo, and 2) install ground equipment on 4'x4' concrete pad, 850 Hinesburg Road., as depicted on a seven (7) set of plans page one (1) entitled " Site I.D.# NE63XC815A Wright Silo 850 Hinesburg Road South Burlington, VT 05403", prepared by Clough, Harbour & Associates LLP, with a stamped received date of 10/9/01, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The plans shall be revised prior to issuance of a zoning permit to show the changes listed below and shall require approval by the Director of Planning and Zoning (hereinafter Director). Three copies of the revised plans shall be submitted. a) The plan shall be revised to include landscaping to screen the ground -mounted equipment from Hinesburg Road. . 3) The applicant shall post a landscape bond in an amount to be determined by the Director of Planning and Zoning, prior to issuance of a zoning permit. The bond shall remain in effort for three (3) years to assure the landscaping takes root and has a good chance of survival. 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 prior to use of the antennas. 6) Any change to the plans shall require approval by the South Burlington Development Review Board 2 v �- L , Chair 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.RC.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).