HomeMy WebLinkAboutSD-05-29 SD-05-30 - Decision - 0023 0021 Meadow RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
BASILIERE -- 2 LOT (MINOR) SUBDIVISION
23 MEADOW ROAD
PRELIMINARY PLAT APPLICATION #SD-05-29
FINAL PLAT APPLICATION #SD-05-30
FINDINGS of FACT AND DECISION
Anthony Basiliere, hereafter referred to as the applicant, is seeking preliminary plat and
final plat approval of a planned unit development to subdivide a 0.26 acre parcel
developed with two (2) single family dwellings into two (2) lots of 0.13 acres each, 21 &
23 Meadow Road. The Development Review Board held a public hearing on May 3,
2005. Leonard Amblo 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 seeking preliminary plat and final plat approval of a planned unit
development to subdivide a 0.26 acre parcel developed with two (2) single family
dwellings into two (2) lots of 0.13 acres each, 21 & 23 Meadow Road.
2. The owner of record of the subject property is Anthony Basiliere.
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The sketch plan review for this project was held on February 1, 2005.
5. The plans submitted consist of a three (3) page set of plans, page one (1)
entitled, "Survey Plat Showing Lands of Anthony T. Basi►iere 2-Lot Subdivision
23 Meadow Road, South Burlington, VT", prepared by Button Professional Land
Surveyors, PC, dated 11/30/04, last revised on 3/14/05.
- 1 -
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
R4 Zoning District
Required
Proposed —
♦ Min.
Lot Size
9,500 SF
Lot 1:
5,640 SF
Lot 2:
5,639 SF
_
* Max.
Density
4 units/acre
7.7 units/acre
♦ Max.
Building Coverage
20%
Lot 1:
24.4%
L�
Lot 2:
16.1 %
Max.
Overall Coverage
40%
Lot 1:
56.8%
L♦
4I
Lot 2:
24.0%
* Min.
Front Setback
30 ft.
Lot 1:
13 ft.
+
Lot 2.
5.1 ft.
Min.
Side Setback
10 ft.
Lot 1:
10 ft.
2:
10 ft.
♦ Min.
Rear Setback
30 ft.
_Lot
Lot 1:
8.2 ft.
Lot 2:
16 ft.
zoning compliance
♦ waiver required pursuant to Section 15.02(A)(3)
4 pre-existing noncompliance
A prohibited pursuant to Section 15.02(A)(3)
The proposed project involves two existing single-family dwellings on one lot. This project
will not change the existing conditions on the site. It will however, create two non-
complying lots and structures based on the dimensional standards outlined in Table C-2 of
the Land Development Regulations. The applicant has applied for a PUD, so that many of
the dimensional standards can be waived. The Development Review Board should grant
the applicant a waiver for the minimum lot size, the building coverage, the overall coverage,
and the proposed rear yard setback for Lot #1. Pursuant to Section 15.02(A)(3) of the Land
Development Regulations, the Development Review Board cannot grant the applicant a
setback waiver that will result in any structure being within five (5) feet from any boundary
line. The applicant is proposing a front yard setback of 5.1 feet for Lot #2.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions 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 of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity of
water, at an acceptable pressure.
-2-
The existing single-family dwellings are connected to the public water system. However,
the applicant is proposing to make a new connection into the water main on Meadow Road
which will require approval from the South Burlington Water Department.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed.
The existing single-family dwellings are connected to the public sewer system. However,
the applicant is proposing to make a new connection into the sewer main on Meadow
Road.
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 does not involve any construction, so this criterion is not applicable
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Lot #1 and Lot #2 are currently accessed by a private driveway off of Meadow Road. This
access will not be altered through the proposed project. A twenty (20) foot -wide right-of-way
is proposed across Lot #1 to serve Lot #2, which is in compliance with Section 3.05(B)(2)of
the Land Development Regulations.
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.
The proposed project does not involve any construction, so this criterion is not applicable.
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.
The proposed project does not involve any construction, so this criterion is not applicable.
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.
The proposed project does not involve any construction, so this criterion is not applicable.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
The proposed project does not involve any construction, so this criterion is not applicable.
02
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.
This requirement is being met.
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 requirement is being met.
The project is consistent with the goals and objectives of the Comprehensive Flan
for the affected district(s).
The proposed subdivision is in conformance with the South Burlington Comprehensive
Plan.
Lot Layout.
According to Section 15.10 of the South Burlington Land Development Regulations, a
minimum width to length ratio of one to five (1:5) shall be used as a guideline by the
Development Review Board in evaluating lot proportions. Square or roughly square lots
shall not be approved.
Do to the existing conditions of the subject property, the two lots proposed through this
project are in compliance with this criterion.
DECISION
Motion by . C: M L�, Ql I hl 6 , seconded by WO
to approve Preliminary Plat Applic tion #SD-05-29 and Final Plat Application #SD-05-30
of Anthony Basiliere, 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 plat submitted by the applicant,
and on file in the South Burlington Department of Planning and Zoning.
3. The Development Review Board grants the applicant the requested waivers as
outlined in Table 1, Dimensional Requirements, of this decision.
4. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
5. The final plat plan (survey plat) shall be recorded in the land records within 90
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 Director of Planning & Zoning.
M
Mark Behr — " /abstain/not present
Chuck Bolton — e
nay/abstain/not present
Mark Boucher — e
ay/abstain/not present
John Dinklage —
nay/abstain/not present
Roger Farley — e
/n /abstain/not present
Larry Kupferman —
e /nay/abstain/not present
Gayle Quimby — e
nay/abstain/not present
Motion carried by a vote of q - d -
Signed this _-� day of May 2005, by
i
ohn Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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).
-5-