HomeMy WebLinkAboutCU-14-08 - Decision - 0058 Bartlett Bay Road#CU-14-08
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DAVID T. AUSTIN --- 58 BARTLETT BAY ROAD
CONDITIONAL USE APPLICATION #CU-14-08
FINDINGS OF FACT AND DECISION
Conditional Use Application of David T. Austin for the approval for the installation of erosion
control measures (slope stabilization) and water oriented development (stairs to lake), 58
Bartlett Bay Road.
The Development Review Board held a public hearing on August 19, 2014. Steven Vock
represented the applicant.
Based on the plans and materials contained in the document file for this application, the Board
finds, concludes, and decides the following:
FINDINGS OF FACT
1. The project consists of the installation of erosion control measures (slope stabilization)
and water oriented development (stairs to lake), 58 Bartlett Bay Road.
2. The owner of record of the subject property is Alexandra Wynkoop.
3. The subject property is located in the Lakeshore Neighborhood District.
4. The application was received on June 27, 2014.
5. This was a resubmission of #MS-11-05 which was approved by the Board on December
8, 2011. The work was not completed and a one year extension was granted in June
2012 for the applicant to obtain a zoning permit by June 8, 2013. A permit was not
obtained and therefore the owner and the applicant submitted a similar proposal along
with a new set of plans.
6. The plan set submitted consists of a three (3) page set of plans. Page one (1) is entitled,
"Proposed Slope Stabilization 58 Bartlett Bay Road South Burlington Vermont"
prepared by Civil Engineering Associates dated June 25, 2014 and last revised on
8/6/14.
7. Dimensional and setback requirements are met.
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CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional
use shall meet the following standards:
The proposed use, in its location and operation, shall be consistent with the planned character
of the area as defined by the City of South Burlington Comprehensive Plan.
The Board finds that the proposed project is consistent with the planned character of the area,
as defined by the South Burlington Comprehensive Plan.
The proposed use shall conform to the stated purpose of the district in which the proposed use
is located.
The Board finds that proposed erosion control measures and stairs conform to the stated
purpose of the Lakeshore Neighborhood Zoning District.
The Development Review Board must find that the proposed uses will not adversely affect the
following:
(a) The capacity of existing or planned municipal or educational facilities.
(b) The essential character of the neighborhood or district in which the property is
located, nor ability to develop adjacent property for appropriate uses.
(c) Traffic on roads and highways in the vicinity.
The Board finds that the proposed uses will not adversely affect items (a) — (c).
(d) Bylaws in Effect
The proposed erosion control measures and stairs shall also adhere to Section 12(D)(3) of the
South Burlington Land Development Regulations, Surface Water Protection Standards,
governing water -oriented development.
(a) The improvement involves, to the greatest extent possible, the use of natural materials
such as wood and stone.
The applicant has proposed supplemental stabilization measures composed of stabilization
fabric, stone fill, and large quarry stone, as well as soil, grass seed, and plantings.
(b) The improvement will not increase the potential for erosion.
When construction is complete, the proposed boulders, rip -rap and plantings will prevent
further erosion of the property.
(c) The improvement will not have an undue adverse impact on the aesthetic integrity of the
lakeshore.
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The erosion that is currently occurring is destroying the vegetation; the new erosion -control
measures will eliminate further destruction of this vegetation. The aesthetic integrity of the
lakeshore will be improved by the construction of a new, large quarry stone wall along the
northwest edge of the property which will match an existing stone wall along the shoreline and
have the added benefit of blocking sight of an existing part cement, part rock wall.
(d) A landscaping plan showing plans to preserve, maintain, and supplement existing trees
and ground cover vegetation is submitted and the DRB finds that the overall plan will provide
a visual and vegetative buffer for the lake.
The applicant has stated that existing vegetation will be maintained outside of construction
areas. Existing vegetation within the construction area will be removed, stored off -site, and
replaced at the completion of construction. The applicant has proposed supplemental
vegetation plantings along the top of the slope and elsewhere on the property. In addition the
applicant has proposed plantings of native plants underneath some existing trees on the
property which will increase water retention on site.
The Board finds that the proposed project meets the criteria in Section 12(D)(3) of the South
Burlington Land Development Regulations, Surface Water Protection Standards
Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed conditional use
shall meet the following standards:
The Development Review Board in granting conditional use approval may impose conditions of
the following:
a) Size and construction of structures, quantities of materials, storage locations, handling
of materials, and hours of operations.
b) Warning systems, fire controls, and other safeguards.
c) Provision for continuous monitoring and reporting.
d) Other restrictions as may be necessary to protect public health and safety.
The Board finds that it is not necessary to impose any of the above conditions on the proposed
project.
Water -Oriented Development
The applicant is also proposing to install new stone steps to access the lake front. Pursuant
to Section 10.01(F) (3) (a):
No encroachment, including fill, new construction, substantial
improvement, or other development, that would result in any increase in
flood levels within the regulatory floodway during the occurrence of the
base flood discharge, shall be permitted unless hydrologic and hydraulic
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analyses are performed in accordance with standard engineering
practice, by a licensed professional engineer, certifying that the
proposed development will: a) Not result in any increase in flood levels
(0.00 feet) during the occurrence of the base flood; and b) Not increase
any risk to surrounding properties, facilities, or structures from erosion
or flooding.
The applicant's engineer, Civil Engineering Associates, submitted a letter to the city dated
August 15, 2014 stating that the proposed development will meet standards a) and b) noted
above. The Board finds this criterion is met.
Section 12.01 (C) (2) General Stream and Surface Water Protection Standards
C. Surface Water Buffer Standards ("Stream Buffers")
(1) Applicability. The requirements of this Section shall apply to all lands described as
follows:
(e) All land within one hundred fifty (150) feet horizontal distance of the high
water elevation of Lake Champlain, which for purposes of these regulations shall be
one hundred two (102) feet above mean sea level datum.
This applicable area extends across more than half of the property.
(2) General standards. It is the objective of these standards to promote the
establishment of heavily vegetated areas of native vegetation and trees in order to reduce
the impact of storm water runoff, reduce sedimentation, and increase infiltration and base
flows in the City's streams and Lake Champlain. Therefore, except as specifically permitted
by the DRB pursuant to the standards in Section 12.01(C)(3), (C)(4), (D) and/or (E) below,
all lands within a required stream buffer defined above shall be left in an undisturbed,
naturally vegetated condition. Supplemental planting and landscaping with appropriate
species of vegetation to achieve these objectives shall be permitted. The specific standards
for the vegetation and maintenance of stream buffers are as follows:
(a) The clearing of trees that are not dead, heavily damaged by ice storms or
other natural events, or diseased, and the clearing of any other vegetation other than
invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or
(4) below.
Not applicable
(b) Any areas within a required stream buffer that are not vegetated or that are
disturbed during construction shall be seeded with a naturalized mix of grasses rather
than standard lawn grass, and shall not be mowed more than one (1) time per
calendar year after establishment.
No trees are proposed to be removed. Existing vegetation that will be impacted by
construction activities will be replanted. The applicant met with staff on July 29, 2014 to
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discuss how to make improvements to the application including measures to improve
water quality. The applicant submitted a revised landscaping plan on August 11, 2014
which details proposed plantings primarily on the slope towards the beach but also
includes some new plantings under existing trees.
The Board finds that this plan meets the intent of this subsection.
(c) The creation of new lawn areas within stream buffers is not permitted after
the effective date of these regulations.
New lawn areas are not proposed as part of this application.
(d) Snow storage areas designated pursuant to site plan or PUD review shall not
be located within stream buffers unless the applicant can demonstrate that:
(i) There is no reasonable alternative location for snow storage on the same
property-
(U) Measures such as infiltration areas have been incorporated into the site
plan and/or stormwater treatment system to reduce the potential for erosion and
contaminated runoff entering the associated stream as a result of snow melt.
--------------------Not applicable
(3) Expansion of pre-existing structures within stream buffers. The expansion of pre-
existing structures within stream buffers, except as provided in Section D below, shall be
permitted only in accordance with the standards for non -complying structures in Article 3,
Section 3.11 of these Regulations.
--------------------Not applicable
(4) New uses and encroachments within stream buffers. The encroachment of new land
development activities into the City's stream buffers is discouraged. The DRB may
authorize the following as conditional uses within stream buffers, subject to the standards
and conditions enumerated for each use. The DRB may grant approvals pursuant to this
section as part of PUD review without a separate conditional use review.
(a) Agriculture, horticulture and forestry including the keeping of
livestock, provided that any building or structure appurtenant to such uses is located
outside the stream buffer.
--------------------Not applicable
(b) Clearing of vegetation and filling or excavating of earth materials, only
to the extent directly necessitated for the construction or safe operation of a permitted or
conditional use on the same property and where the DRB finds that:
i. There is no practicable alternative to the clearing, filling or
excavating within the stream buffer; and
ii. The purposes of this Section will be protected through erosion
controls, plantings, protection of existing vegetation, and/or other measures.
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The applicant submitted plans designed by a licensed professional engineer. The Board finds
that this criterion is met.
(c) Encroachments necessary to rectify a natural catastrophe for the protection of the
public health, safety and welfare.
(d) Encroachments necessary for providing for or improving public
facilities.
(e) Public recreation paths, located at least ten (10) feet from the edge of
channel of the surface water.
(f) Stormwater treatment facilities meeting the Vermont Agency of
Natural Resources Stormwater treatment standards, and routine maintenance thereof,
including necessary clearing of vegetation and dredging. Evidence of a complete
application to the VANR for coverage under the applicable permitting requirements shall
be required to meet this criterion for encroachment into a stream buffer.
(g) Roadways or access drives for purposes of crossing a stream buffer
area to gain access to land on the opposite side of the buffer, or for purposes of providing
safe access to an approved use, in cases where there is no feasible alternative for
providing safe access and the roadway or access drive is located at least ten (10) feet from
the edge of channel of the surface water.
(h) Utility lines, including power, telephone, cable, sewer and water, to
the extent necessary to cross or encroach into the stream buffer where there is no feasible
alternative for providing or extending utility services.
N Outdoor recreation, provided any building or structure (including
parking and driveways) appurtenant to such use is located outside the stream buffer.
(j) Research and educational activities provided any building or structure
(including parking and driveways) appurtenant to such use is located outside the stream
buffer.
(k) Hydro -electric power generation
Criteria (c)-(k) are not applicable.
DECISION
Notion by Bill Miller, seconded by Jennifer Smith, to approve conditional use application #CU-
14-08 of David T. Austin subject to the following stipulations:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
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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 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.
4. Any change to the site plan shall require approval by the South Burlington Development
Review Board or the Administrative Officer.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr —
yea
nay
abstain
not present
Art Klugo —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
David Parsons—
yea
nay
abstain
not present
Jennifer Smith —
yea
nay
abstain
not present
John Wilking—
yea
nay
abstain
not present
Motion carried by a vote of 4— 0 — 0.
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Signed this Y day of ��M� 2014, by
Tim Barritt, Chair
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed
to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South
Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at
802-828-1660 or http://vermontiudiciary.org/GTC/environmental/default.aspx for more
information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant
state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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