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HomeMy WebLinkAboutCU-99-02 - Decision - 0002 Holmes Road#CU-99-02 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of fact, conditional use application of Overnite Transportation to install a 3,000 gallon above ground diesel tank and pump on a property developed with an 8400 square foot truck terminal, 2 Holmes Road. On the 5' day of October, 1999, the South Burlington Development Review Board approved the conditional use application of Overnite Transportation to install a 3,000 gallon above ground diesel tank and pump on a property developed with an 8400 square foot truck terminal under Section 26.05 of the South Burlington Zoning Regulations based on the following findings: 1. This project consists of installation of a 3,000 gallon above ground diesel tank and pump on a property developed with an 8400 square foot truck terminal. The site plan was approved on 9/21 /99. 2. The owners of record of this property are Douglas and Cheryl Hoar. 3. This property located at 2 Holmes Road lies within the C2 District. It is bounded on the north by Holmes Road, on the east by commercial buildings, on the south by an auto dealership, and on the west by the railroad r.o.w. 4. The C2 District was "formed in order to encourage general commercial activity." The proposed fuel tank and pump would be an accessory use to a commercial activity. 5. The proposed use will not adversely affect the capacity of existing or planned municipal or educational facilities. No effect on municipal facilities is anticipated. 6. The proposed use will not adversely affect the essential character of the neighborhood or district in which the property is located. The neighborhood includes such uses as: auto dealerships, warehouse & distribution facility, and retail uses. No adverse effect will result from the fuel tank. 7. The proposed use will not adversely affect the traffic on roads and highway in the vicinity. The installation of this tank will result in fewer vehicle trips on public streets due to ability of the vehicles to fuel up on the premises. 8. The proposed use will not adversely affect the bylaws in effect. This proposal is in conformance with the bylaws. 9. The proposed use will not adversely affect the utilization of renewable energy resources. There is no such utilization in the vicinity to be affected. 10. The proposed use will not adversely affect the general public health and welfare. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves the conditional use application of Overnite Transportation to install a 3,000 gallon above ground diesel tank and pump on a property developed with an 8400 square foot truck terminal, as depicted on a plan entitled "Survey Plat Property of Holmes Transportation, Inc. South Burlington Vermont", 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 fuel tank. 4) Any change to the site plan shall require approval by the Development Review Board. � r Chair or Clerk Sod Burlington Development Review Board �/ z 7% Da e