HomeMy WebLinkAboutSD-08-27 - Decision - 0068 Kirby Road#SD-08-27
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
STEPHEN JUIFFRE, ET AL — 68 KIRBY ROAD
FINAL PLAT APPLICATION #SD-08-27
FINDINGS OF FACT AND DECISION
Stephen Juiffre, hereafter referred to as the applicant, is requesting final plat plan review
to subdivide a 1.34 acre parcel developed with a single family dwelling into two (2)
parcels of 1.0 acres (lot #1) and 0.34 acres (lot #2), 68 Kirby Road.
The Development Review Board held a public hearing on Tuesday, June 17, 2008.
Trafton Crandall represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting final plat plan review to subdivide a 1.34 acre parcel
developed with a single family dwelling into two (2) parcels of 1.0 acres (lot #1)
and 0.34 acres (lot #2), 68 Kirby Road.
2. The owners of record of the subject property are Stephen Juiffre, Anthony Juiffre,
Allan Juiffre, and Josephine Szymanski (deceased).
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The plans submitted consist of a four (4) page set of plans, page one (1) entitled,
"Two Lot Subdivision Plat of Survey Showing Lands of Juiffre and Szymanski
Volume 671, Page 230 68 Kirby Road, South Burlington, Vermont", prepared by
Button Professional Land Surveyors, PC, dated 4/9/08.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
R4 Zoning District
Required
Proposed
Lot 1
Proposed Lot 2
Min. Lot Size
9,500 SF
43,528 SF
14,733 SF
Max. Building Coverage
20%
2.6%
N/A
Max. Overall Coverage
40%
4.1 %
N/A
Min. Front Setback
30 ft.
45 ft.
N/A
�l Min. Side Setback
10 ft.
10 ft.
N/A
�l Min. Rear Setback
30 ft.
Approx 180 ft.
N/A
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zoning compliance
N/A no buildings are proposed or approved as part of this application;
the applicant may request a zoning permit for a single family home
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs
shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations,
the existing public utility system shall be extended to provide the necessary quantity of
water, at an acceptable pressure, to any additional dwelling units.
The South Burlington Water Department (SBWD) has stated that they do not need to
review the plans. At such time as an additional unit is proposed, the applicant shall contact
the SBWD for water allocation.
Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or
provide a community wastewater system that is approved by the City and the State in any
subdivision where off -lot wastewater is proposed.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
The proposed project shall adhere to standards for erosion control as set forth in Section
16.03 of the South Burlington Land Development Regulations.
The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access and circulation are sufficient. The additional traffic generated by a new single family
dwelling will be minimal.
The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
There are no wetlands on the subject property.
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
According to Section 4.03 of the South Burlington Land Development Regulations, the R4
District is formed to encourage residential use at moderate densities. This proposal is within
density guidelines for the district and in compliance with this criterion.
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Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
There appears to be significant contiguous open space at the rear of this and the adjoining
properties. However, there is a significant slope here which renders it virtually useless. Still,
no changes are recommended to the proposed layout of the property which would provide
any greater compliance with this criterion, best suited for larger subdivisions.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
Newly installed utility lines, services, and service modifications shall be underground
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
This criterion is not applicable to this project.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision is consistent with the South Burlington Comprehensive Plan.
The Residential 4 District is formed to encourage residential use at moderate densities.
This plan achieves this.
DECISION ,� �p
Motion by !v u %h� `� seconded by �d6'-- �i�/1 %� to
approve Final P at Application #SD-08-27 of Stephen Juiffre, subject to the following
conditions:
1. All previous approvals and stipulations shall remain in full effect, except as
amended herein.
2. This project shall be completed as shown on the plant submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The plans shall be revised to show the changes below and shall require approval
of the Administrative Officer. Four copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording:
a. The subdivision plat shall be revised to note that the former division line
between lots 10 and 11 shall be dissolved.
b. The subdivision site plan shall be revised to show the same dimensions
for lot #2 as shown on the survey plat.
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4. The proposed project shall adhere to standards for erosion control as set forth in
Section 16.03 of the South Burlington Land Development Regulations.
5. Newly installed utility lines, services, and service modifications shall be
underground.
6. The mylar shall be recorded prior to issuance of any zoning permit.
7. Any change to the final plat plan shall require approval of the South Burlington
Development Review Board.
8. The final plat plan (survey plat) shall be recorded in the land records within 180
days or this approval is null and void. The plan shall be signed by the Board
Chair or Clerk prior to recording. Prior to recording the final plat plan, the
applicant shall submit a copy of the survey plat in digital format. The format of the
digital information shall require approval of the South Burlington GIS Coordinator.
Mark Behr — yea/nay/abstainoot present>
Matthew Birmingham - yea/naytabstain/ presen of
John Dinklage qenay/abstain/not
/nay/abstain/not present
-
Roger Farley —ay/abstain/not present
Eric Knudsen — present
Peter Plumeau — yea/nay/abstain/6iot p ese
Gayle Quimby —nay/abstain/not present
Motion carried by a vote of
Signed this /7 day of �� 2008, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. 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 VSA 4472 (d) (exclusivity of remedy,
finality).
M