HomeMy WebLinkAboutCU-01-32 SP-01-46 - Decision - 0070 Joy Drive#CU-01-32 & # SP-01-46
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: site plan application #SP-01-46 and conditional use application #CU-01-32 of Independent
Wireless to amend a site plan for a tower 368 feet in height. The amendment consists of
installing three (3) 64"x 10.6"x 2.7" antennas on the existing WJOY tower at an elevation of 140
feet, 70 Joy Drive.
On the 21st of August, 2001, the South Burlington Development Review Board approved the
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:
This project consists of a site plan and a conditional use application to amend a site plan
for a tower 368 feet in height. The amendment consists of installing three (3) 64"x
10.6"x 2.7" antennas on the existing WJOY tower at an elevation of 140 feet, 70 Joy
Drive.
2. The owner of record is Hall Communications, Inc.
3. This property is located within the Commercial Two and Conservation/Open Space Districts.
It is bounded on the north by a right-of-way, on the west by Joy Drive and a commercial lot,
on the east by vacant land, and on the south by Interstate 189.
4. Site Plan Criteria:
Coverage/Setbacks: No effect 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 effect expected.
b) the character of the area affected. No adverse effect is 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 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 effect expected.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
conditional use application #CU-01-32 and site plan application #SP-01-46 to amend a site plan
for a tower 368 feet in height. The amendment consists of installing three (3) 64"x 10.6"x 2.7"
antennas on the existing WJOY tower at an elevation of 140 feet, 70 Joy Drive, as depicted on a
one (1) page set of plans, page one entitled, "Site Plan for Proposed Telecommunication Lease 70
Joy Drive," dated 7/2/01, 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.
4. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
j 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.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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