HomeMy WebLinkAboutAD-95-0000 - Decision - 0100 0106 0110 0114 0116 Kirby RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT n —,06 Od
COUNTY OF CHITTENDEN �S
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Thomas Chastenay for a
boundary line adjustment between two (2) lots involving 0.97 acres
of land, 114-116 Kirby Road and 615 Airport Parkway.
On the 12th day of September, 1995, the South Burlington Planning
Commission approved the request of Thomas Chastenay for final plat
approval under Section 202 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of the resubdivision/boundary line
adjustment of a subdivision approved on 11/22/77. The purpose of
the resubdivision is to subdivide a 0.97 acre lot from a 2.83 acre
lot to merge the 0.97 acre lot with an adjoining 0.63 acre parcel
located on Airport Parkway. This will result in two (2)
reconfigured lots of 1.83 acres (114-116 Kirby Road) and 1.6 acres
(615 Airport Parkway). This application is to correct a violation
discovered by staff. The 1 acre lot was illegally sold to Richard
and Gary Caron on 5/19/87. The sketch plan was reviewed on
2/21/95.
2. The 3 acre lot is currently developed with a two-family
dwelling. This property located at 114-116 Kirby Road lies within
the R4 District. It is bounded on the west by a single family
dwelling, on the north by land owned by the City and an auto body
shop, on the east by a four (4) unit multi -family dwelling and on
the south by Kirby Road.
3. Access: No additional access proposed since the 1 acre lot will
be merged with an existing lot. The remaining lot is developed
with a two-family dwelling with a curb cut on Kirby Road.
4. Lot size/frontage: The minimum lot size requirement of 12,000
square feet for a two-family dwelling will be met since the two-
family dwelling lot is approximately two (2) acres.
The minimum frontage requirement of 85 feet is met.
5. Sewer: No additional allocation needed since no new
developable lot will be created.
6. C.O. Zone: There is a watercourse crossing this property with
a corresponding C.O. Zone. This stream and C.O. Zone are shown on
the final plat. The C.O. Zone in the vicinity of the pond is not
accurately depicted. The C.O. Zone is 50 feet from the edge of the
wetland associated with the pond. The plat should be revised to
accurately depict this information.
7. Recreation path: The Recreation Path Committee submitted
comments to the Planning Commission dated 9/12/95 and requested a
20 foot easement across the property. It was the Planning
Commission's opinion that they did not have the authority to
require this easement because the boundary line adjustment did not
create any new development which would justify the need for this
easement.
DECISION & CONDITION
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the final plat application of Thomas Chastenay
for a boundary line adjustment between two (2) lots involving 0.97
acres of land, 114-116 Kirby Road and 615 Airport Parkway, as
depicted on a plan entitled "Plat of Survey Showing Existing Two
Lot Subdivision, Prepared for Thomas B. Chastenay in the City of
South Burlington, Vermont", prepared by Harold Marsh, dated August
12, 1995, last revised September 5, 1995, with the following
stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. The plat shall be revised prior to recording as follows:
a) The plat shall be revised to accurately depict the
location of the C.O. District which crosses lots #1 and 2.
(The C.O. District is 50 feet from the edge of the wetland
associated with the pond and does not exist along either side
of the drainage pipe).
3. The final plat plan shall be recorded in the land records
within 90 days or this approval is null and void. The plan shall
be signed by the Planning Commission or Clerk prior to recording.
Chairman or Clerk
South Burlington Planning Commission
t, 2
D to
2