HomeMy WebLinkAboutMS-14-09 - Decision - 0284 Meadowland Drive (2)#MS-14-09
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SBRC PROPERTIES, LLC-284 MEADOWLAND DRIVE
MISCELLANEOUS APPLICATION #MS-14-09
FINDINGS OF FACT AND DECISION
SBRC Properties, LLC is seeking miscellaneous after -the -fact approval to leave in place 70,000 cubic yards of fill
which was required to be removed by 12/11/09, 284 Meadowland Drive.
The Board held a public hearing on this application on November 4 2014. David Marshall represented the
applicant.
Based on testimony provided at the above mentioned public hearing and the plans ands supporting materials
contained in the document file for this application, the Development Review Board, finds, concludes, and
decides the following:
FINDINGS OF FACT
1. SBRC Properties, LLC is seeking miscellaneous after -the -fact approval to leave in place 70,000 cubic yards of
fill which was required to be removed by 12/11/09, 284 Meadowland Drive.
2. The owner of record of the subject property is SBRC Properties, LLC.
3. The subject property is located in the Industrial & Open Space Zoning District.
4. The plan submitted consists of three (3) pages, page one is entitled "South Burlington Realty Corp. Williston,
Vermont Lot 1 Permanent Fill Replacement VT. Rte. 116 Meadowland Drive South Burlington Vermont Overall
Site Plan" prepared Civil Engineering Associates, Inc. and dated Sept. 18, 2014
This application shall be reviewed under Section 3.12 of the Land Development Regulations.
Section 3.12 Alteration of Existing Grade
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:
(1) 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 development or subdivision plat application showing the area to be
#MS-14-09
filled or removed, and the existing grade and proposed grade created by removal or addition of material.
The Board finds that this criterion is met.
(2) 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 Board finds that this criterion is not applicable as the fill is meant to be a permanent addition to
this property.
(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 Board finds that this criterion is not applicable as the soil is intended to be used at the site and not
removed.
(c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of
this Section.
The Board finds that a bond is not necessary to assure compliance.
(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 prior to the placement of
the fill which is the subject of this application. The pre -construction grade shall be as shown as in
Sheet C1.1 (Pre -Existing Grade Plan) of the submitted plans.
DECISION
Motion by Bill Miller, seconded by John W ilking, to approve miscellaneous application #MS-14-09 of SBRC
Properties, LLC, subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect.
2. The project shall be completed as shown on the plans 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. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer upon completion of the
fill placement.
5. Any change to the site plan shall require approval by the South Burlington Development Review Board.
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6. The pre -construction height for future development will be the existing grade prior to the placement of the
fill which is the subject of this application. The pre -construction grade shall be as shown as in Sheet C1.1 (Pre -
Existing Grade Plan) of the submitted plans.
Tim Barritt—
vea
nay
abstain
not present
Mark Behr—
vea
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—
ilea
nay
abstain
not present
Motion carried by a vote of 5— 0 — 0.
(c,tl �dVe►��e1�
Signed this day of 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://vermontoudiciary.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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