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HomeMy WebLinkAboutSD-98-0000 - Decision - 1550 Hinesburg RoadFINDINGS OF FACT & DECISION STATE OF VERMONT 517 _ R f yr COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Nile and Julie Duppstadt and John and Deborah Alden to amend a previously approved planned residential development consisting of 62 single family lots on 62.4 acres of land, 1550 Hinesburg Road and Van Sicklen Road. The amendment consists of adjusting the lot configuration and reducing the number of lots to 55. On the 28' day of April, 1998, the South Burlington Planning Commission approved the request of Nile and Julie Duppstadt and John and Debra Alden for revised final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1. This project consists of amending a plat previously approved on 7/15/97 for a planned residential development consisting of 62 single family lots on 62.4 acres of land. The amendment consist of eliminating seven (7) lots. The sketch plan was reviewed on 10/28/97. 2. This property located at 1550 Hinesburg Road lies within the SEQ Zoning District, C.O. District, Floodplain Overlay District and Hinesburg Road - South View Protection Zone. It is bounded on the north by Van Sicklen Road, on the east by a single family dwelling, on the west by Hinesburg Road, and on the south by farm land. 3. Access: Access changes proposed are as follows: (1) the cul-de-sac street known as Old Stone House Lane was shortened from 1500 feet to 1450 feet, 2) the private road serving lots #54 - 56 has been eliminated, 3) the proposed street to be known as Puddingstone Lane has been eliminated and replaced with a private street serving lots #36 - 38, 4) a new private street is proposed to serve lots #42 - 43, and 5) a new private street is proposed to serve lots #44 - 46. 4. Density: This parcel generates a maximum of 74 units for development and the density will be reduced from 62 units to 55 units. 5. Non -buildable area: The seven (7) lots to be eliminated are located in the non -buildable area. 6. Wetlands: The seven (7) lots are being eliminated to reduce the impact on wetlands. 7. Sewer: The sewer allocation request is being reduced from 32,088 gpd to 28,775 gpd. Any portion of the project not developed within 10 years of final plat approval (August 14, 1997) would require reapproval for sewer allocation. 1 8. Landscaping_ The estimated value of the revised landscaping is $33,923. 9. Mailbox cluster: The mailbox cluster along Fieldstone Lane has been relocated outside of the storm easement. 10. Pedestrian Path Easement: A letter from Victoria Fraser expressing concern over the proposed pedestrian easement along Muddy Brook was submitted. This proposed easement is consistent with the comprehensive plan which shows a future recreation path along Muddy Brook. DECISION & CONDITIONS Based on the above Findings of Fact, the South Burlington Planning Commission approves the final plat application of Nile and Julie Duppstadt and John and Deborah Alden to amend a previously approved planned residential development consisting of 62 single family lots on 62.4 acres of land, 1550 Hinesburg Road and Van Sicklen Road. The amendment consists of adjusting the lot configuration and reducing the number of lots to 55, as depicted on a 22 page set of plans, page two (2) entitled, "The Old Stone House Farm Hinesburg & Van Sicklen Roads South Burlington, Vermont Overall Site Plan," prepared by Lamoureux, Stone & O'Leary Consulting Engineers, Inc., dated 11/25/96, last revised on 4/9/98, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The Planning Commission approves a sewer allocation of 28,775 g.p.d. The sewer allocation shall remain in effect for ten (10) years from the date of final plat approval (August 14, 1997). Any lots which have not been developed within ten (10) years shall lose their allocation unless reapproved by the Planning Commission. The applicant shall be required to pay the per gallon fee prior to permit issuance. 3. The applicant shall post a $33,923 landscape bond prior to the start of road construction. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 4. There shall be no filling, mowing, disturbance, or destruction of that area of the approved subdivision which is designated on the approved plat as wetland or the 50 foot wide buffer adjoining the wetland except that the buffer may be mowed once per year. Any deed conveying lots 17-20, 34, 36-38, 51-55 and 58 or any interest in such lots, shall contain the following condition: A portion of the property conveyed hereby contains a wetland area or buffer adjoining a wetland as 2 shown on a plan entitled "The Old Stone House Farm, Hinesburg & Van Sicklen Roads, South Burlington, Vermont, Overall Site Plan," prepared by Lamoureux, Stone & O'Leary Consulting Engineers, Inc., dated , 19 _, and recorded in Map Volume , at Page , of the City of South Burlington Land Records. By acceptance of this conveyance, Grantee agrees not to fill, mow, disturb, or destroy the wetland, the associated buffer, or any portion thereof except that the buffer may be mowed once per year. Grantee further agrees to prohibit any person from filling, mowing, disturbing, or destroying the wetland, its associated buffer, or any portion thereof. 5. Lot corners shall be marked with at least 5/8" diameter rebars driven flush with the ground. No electrical conduit pipe shall be used. 6. The final plat plans (sheets 1, 18, 19 and 20) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the City Planner. Chairman or Clerk South Burlington Planning Commission Date 3