HomeMy WebLinkAboutMS-09-09 - Decision - 0023 Pinnacle Drive#MS-09-09
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOSEPH LARKIN — 23 PINNACLE DRIVE
MISCELLANEOUS APPLICATION #MS-09-09
FINDINGS OF FACT AND DECISION
Joseph F. Larkin, hereafter referred to as the applicant, is seeking miscellaneous
approval to alter the existing grade by adding 800 cubic yards of fill, 23 Pinnacle Drive.
The Development Review Board held a public hearing on November 3, 2009. The
applicant represented himself.
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 miscellaneous approval to alter the existing grade by adding
800 cubic yards of fill, 23 Pinnacle Drive.
2. The application was received on October 19, 2009.
3. The owner of record of the subject property is Joseph Larkin.
4. The subject property is located in the Southeast Quadrant Zoning District.
5. The plan submitted is entitled "Joseph F. Larkin 23 Pinnacle Drive South Burlington
Vermont Site Improvement Plan", prepared by Llewellyn -Howley, Inc., dated 10/16/2009
6. This application shall be reviewed under Section 3.12 of the Land Development
Regulations.
7. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil,
or other similar material in an amount equal to or greater than twenty (20) cubic
yards, except when incidental to or in connection with the construction of a
structure on the same lot, shall require the approval of the Development Review
Board. The Development Review Board may grant such approval where such
modification is requested in connection with the approval of a site plan, planned
unit development or subdivision plat. This section does not apply to the removal
of earth products in connection with a resource extraction operation.
Standards and Conditions for Approval:
8. The Development Review Board shall review a request under this Section for
compliance with the standards contained in this sub -Section 3.12(B). An application
under Section 3.12(A) above shall include the submittal of a site plan, planned unit
I:\Development Review Boa rd\Findings_Decisions\2009\Larkin_MS0909_ffd.doc
#MS-09-09
development or subdivision plat application showing the area to be filled or removed,
and the existing grade and proposed grade created by removal or addition of material.
The plan submitted by the applicant shows the location and the new grade of the
additional fill.
9. The Development Review Board, in granting approval may impose any conditions it
deems necessary, including, but not limited to, the following:
(a) Duration or phasing of the permit for any length of time.
The applicant has noted that this fill will be used as a landscaping feature,
intended to create two decorative berms on the site. For this reason, the Board
does not impose a time limit on the placement of the fill.
(b) Submission of an acceptable plan for the rehabilitation of the site at the
conclusion of the operations, including grading, seeding and planting, fencing
drainage, and other appropriate measures.
The proposed berms are located in close proximity to the northerly and southerly
property lines. The applicant addressed drainage and any potential problem from
stormwater runoff as a result of the berms. He indicated that stormwater will be
able to flow west towards the street due to a break in the berm.
(c) Provision of a suitable bond or other security adequate to assure compliance
with the provisions of this Section.
This requirement will not be necessary for the subject application.
(d) Determination of what shall constitute pre -construction grade under Section
3.07, Height of Structures.
The pre -construction height for future development will be the existing grade
SITE DISTANCES
The subject property is a corner/through lot, with frontage on Spear Street and two
portions of Pinnacle Drive. Staff examined the plans to ensure that the placement of fill
will not obstruct the visibility of pedestrians, bicyclists, or automobiles in the area. The fill
appears to be set back enough from the Spear Street intersection so as not to create
any site distance issues.
Plan Errors
The site plan includes Olivia Drive to the north of the subject property. This road is not
Olivia Drive, but rather Pinnacle Drive. Olivia Drive is an outdated proposal. The plan
should be updated.
DECISION
I:\Development Review Boa rd\Findings_Decisions\2009\Larkin_MS0909_ffd.doc
#MS-09-09 1 1
Motion by (f- 0 U /M , seconded by kb&'A �G� to
approve Miscell neous Application #MS-09-09 of Joe Larkin subject to the following
conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. This project shall be completed as shown on the plan submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3. The plan shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plan shall be
submitted to the Administrative Officer prior to permit issuance.
a. The plan shall be revised to remove all references to 'Olivia Drive'.
4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section
17.04 of the Land Development Regulations or this approval is null and void.
5. Areas exposed during construction shall be treated in a manner consistent with the
procedures contained in "The Low Risk Site Handbook for Erosion Prevention and
Soil Sediment Control" on construction sites published by the Vermont Department of
Environmental Conservation.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Mark Behr —0/nay/abstain/not present,
Matthew Birmingham — yea/nay/abstain not present
John Dinklage — a/nay/abstain not present
Roger Farley — e ay/abstain/no present
Eric Knudsen — e nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Bill Stuono 4e- nay/abstain/not present
Motion carried by a vote of-v -�
Signed this 3 day of �dv cm 7.-'" 2009, by
Mark Behr, Vice Chairman
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).
3
I:\Development Review Boa rd\Findings_Decisions\2009\Larkin_MS0909_ffd.doc