HomeMy WebLinkAboutAgenda 07A_MP-18-01 & SD-18-29_1505 Dorset St_Dorset Meadow Assoc_Prelim_memo
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: MP‐18‐01 & SD‐18‐29 1505 Dorset Street Master Plan and Preliminary Plat
DATE: March 19, 2019 Development Review Board meeting
Dorset Meadows Associates LLC has submitted an application seeking master plan and preliminary plat approval
for a planned unit development on two lots developed with one (1) single family dwelling. The planned unit
development is to consist of 95 single family homes, 20 dwelling units in two‐family homes, 35 dwelling units in
multi‐family homes, one existing single family home, conservation of 15.80 acres on‐site and conservation of
approximately 56 acres off‐site through the purchase of 67.4 Transfer Development Rights, 1505 Dorset Street.
At the January 29, 2019 hearing, the Board continued the hearing for the purpose of taking public comment.
Since that date, there has been activity in each of two environmental court matters with possible relevance for
the current applications.
1. On February 28, 2019, the Environmental Court issued a Judgement Order on Docket No. 114‐8‐17 Vtec,
which pertains to an appeal of a final plat application approved by the Board for a project referred to as
Spear Meadows. The Judgement Order concluded “the TDR Bylaw is invalid as it does not comply with
24 V.S.A. SS 4423,” and that “the TDR Bylaw is unconstitutionally vague.” The appeal period for this
Judgement Order expires on April 2, 2019.
2. On February 19, 2019, the Environmental Court held a Status Conference on Docket No. 2‐1‐19 Vtec,
which pertains to an appeal of the Board’s decision #AO‐18‐01 that the current applications (MP‐18‐01
and SD‐18‐29) were complete on September 26, 20181.
Staff recommends the Board conduct the March 19 hearing in the following manner.
Board reviews comments provided by Judge Walsh during February 2019 Status conference and
determines whether to: proceed with the current hearings, close & dismiss the present application
pending resolution of the sketch plan /completeness appeal, or continue the present hearing until that
matter is resolved by the Court.
If the Board makes the determination that they are comfortable proceeding, then we recommend the
Board give the Applicant the opportunity to describe how they plan to proceed in response to the
1 Staff acknowledges this statement paraphrases the subject of the appeal, and refers those interested in the matter to
Board decision #AO‐18‐01 for a complete description of the decision.
#MP‐18‐01 & #SD 17‐29
Master Plan & Preliminary Plat
2
Spear Meadows decision. The Board should ask questions, and then invite public comment. Since the
purpose of this date was originally to allow interested persons to speak, Staff recommends that the
Board respect that intention and first take comments from those who have not yet been heard in
connection with the current applications, and allow those who have already provided comment or
provided comment by proxy to supplement their previous comments as time allows. Staff
recommends the Board then continue the hearing until April 16 (past the appeal period on the Spear
Meadows decision), in order to determine if that Judgement Order is final.
If the Board decides instead not to proceed, the options are either to dismiss the application on the
basis that the Board does not have jurisdiction, or continue the hearing until the earliest date the court
hearings, including the potential appeal of Docket No. 114‐8‐19 Vtec and the hearings related to the
Dorset Meadows sketch plan, could be concluded. Staff considers July 16 would be the appropriate
date.
Staff has included the following information on the packet for the Board:
1. Transcript of 2‐19‐2019 Status Conference on Docket No. 2‐1‐19 Vtec (Related to Decision #AO‐18‐01)
2. Judgement order on Docket No. 114‐8‐17 Vtec (Related to Spear Meadows, 2‐28‐2019)
3. Decision on Docket No. 114‐8‐17 Vtec (Related to Spear Meadows, 2‐28‐2019)
4. Interested Person Comments in order received
a. Louise Hammond (1‐29‐2019)
b. Natural Resources Committee (1‐31‐2019)
c. Ray Gonda (2‐3‐2019)
d. Atty Daniel Seff on behalf of Tom and Donna Anfuso, Robert Brinckerhoff and Louise Hammond,
Andrew Chalnick, Rosanne Greco and Higley Harmon, William and Kathy Hays, Noah Hyman,
Claudia J. Miller, Steven and Dunia Partilo, Darrilyn Peters (3‐6‐2019)
e. Atty Daniel Seff on behalf of Tom and Donna Anfuso, Robert Brinckerhoff and Louise Hammond,
Andrew Chalnick, Rosanne Greco and Higley Harmon, William and Kathy Hays, Noah Hyman,
Claudia J. Miller, Steven and Dunia Partilo, Darrilyn Peters (3‐8‐2019)
Finally, Staff reminds the Board of their authority at any time to enter a deliberative session to review any of
these materials and avail itself of legal counsel should it choose.