HomeMy WebLinkAboutCU-00-21 SP-00-48 - Decision - 0030 Joy Drive9CU-00-21 & #SP-00-48
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, conditional use application and site plan application to amend a previously
approved site plan to: 1) construct a 10' x 20' equipment shelter, and 2) install three (3) mounting arms
at the 80 foot level of the existing tower to mount twelve (12) 48 inch panel antennas and -two (2) 20 inch
whip antennas, 30 Joy Drive.
On the 17th of October, 2000, the South Burlington Development Review Board approved the
conditional use application under Section 26.05 and the site plan application under Section 26.10
of the South Burlington Zoning Regulations of RCC Atlantic DB/A Cellular One based on the
following findings:
1. This project consists of amending a previously approved site plan to: 1) construct a 10' x 20'
equipment shelter, and 2) install three (3) mounting arms at the 80 foot level of the existing tower to
mount twelve (12) 48 inch panel antennas and two (2) 20 inch whip antennas, 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: The proposed shed will increase the building coverage from 9.8% to 9.9% (30%
max) and the total coverage from 34.8% to 34.9% (70% max). The front yard coverage will not be
affect. All setbacks appear to be met.
5. Conditional Use Criteria:
The proposed use 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
the conditional use application #CU-00-21 and site plan application #SP-00-48 to amend a previously
approved site plan to: 1) construct a 10' x 20' equipment shelter, and 2) install three (3) mounting arms
at the 80 foot level of the existing tower to mount twelve (12) 48-inch panel antennas and two (2) 20-
inch whip antennas, 30 Joy Drive, as depicted on a one page set of plans entitled, "WCAX Joy Drive
South Burlington, VT Site Plan," dated 10/18/96, with a stamped received date of September 5, 2000,
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 and equipment shed.
4. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
,hair or Clerk Oate
South Burlington Development Review Board
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