HomeMy WebLinkAboutCU-01-18 SP-01-31 - Decision - 0030 Joy Drive#CU-0I-18 & #SP-01-31
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application #CU-01-18 and site plan application #SP-01-31 of
Nextel WIP Lease Corporation, d/b/a Nextel Partners to amend a previously approved site plan to: 1)
install nine (9) 48-inch panel antennas on a platform located 82 feet in height on an existing 100-foot
communications tower, 2) install two (2) 18-inch GPS antennas on roof of building, and 3) install air
handler equipment (6 ft x 7 ft x 4 ft tall) on roof of building, 30 Joy Drive.
On the 19th of June, 2001, the South Burlington Development Review Board approved the
conditional use application of Nextel WIP Lease Corporation, d/b/a Nextel Partners under Section
26.05 and the site plan application under Section 26.10 of the South Burlington. Zoning Regulations
based on the following findings:
This project consists of amending a previously approved site plan to: 1) install nine (9) 48-inch
panel antennas on a platform located 82 feet in height on an existing 100-foot communications
tower, 2) install two (2) 18-inch GPS antennas on roof of building, and 3) install air handler
equipment (6 ft x 7 ft x 4 ft tall) on roof of building, 30 Joy Drive.
2. The owner of record is Mount Mansfield Television, Inc.
3. This property is bounded on the north by Joy Drive, on the east by a commercial building, and on
the south by Interstate 89. The Olympiad fitness center and a commercial building bound the
western side of the property.
Site Plan Criteria:
4. Coverage/Setbacks: No affect expected.
5. Conditional Use Criteria:
The proposed project complies with the stated purpose of the Commercial Two District to
"encourage general commercial activity."
The proposed use will not adversely affect:
a) the capacity of existing or planned community facilities. No affect expected.
b) the character of the area affected. No adverse affect is expected.
c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact
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 affect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
conditional use application #CU-01-18 and site plan application #SP-01-31 of Nextel WIP Lease
Corporation, d/b/a Nextel Partners to amend a previously approved site plan to:1) install nine (9) 48-inch
panel antennas on a platform located 82 feet in height on an existing 100-foot communications tower, 2)
install two (2)18-inch GPS antennas on roof of building, and 3) install air handler equipment (6 ft x 7 ft
x 4 ft tall) on roof of building, 30 Joy Drive, as depicted on a five (5) page set of plans entitled, "WCAX
Joy Drive South Burlington, VT Site Plan," dated 10/18/96, with a stamped received date of 5103101,
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 antennas.
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4. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
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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).
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