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HomeMy WebLinkAboutSD-02-14 - Decision - 0271 Meadowland Drive#SD-02-14 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of fact, Final plat application #SD-02-14 of Summer Ice Joint Venture to amend a previously approved 12 lot subdivision. The amendment consists of amending previously approved berm at the south end of the property to avoid wetland impacts, Hinesburg Road. On the 16t' of April 2002, the South Burlington Development Review Board approved the request of Summer Ice Joint Venture seeking final plat approval under Section 204 of the South Burlington Subdivision Regulations based on the following findings: 1) This project consists of an amendment to a 12 lot subdivision. The amendment consists of amending the location of a previously approved berm at the south end of the property to avoid wetland impacts. 2) The owner of record is Summer Ice Joint Venture. 3) This project is located on Hinesburg Road within the Mixed Industrial Commercial District. It is bounded by undeveloped land to the east, residential development on the south and commercial development on the west and north. 4) The only issues affecting this application are landscape changes. The previous approval included construction and landscaping of a berm to screen future industrial and commercial development from the residential units to the south (Ledge Knoll), construction of a 5 foot wide recreation path, and relocation and naturalization of a drainage way through the southern portion of lot # 1, because of a previously, illegally constructed drainage way, 30 July1996. 5) The current application is to relocate berms to avoid wetland impacts (the illegally constructed drainage way is now considered a wetland) and no longer construct the "natural" stream corridor because it was never a viable option per the Army Corps of Engineers. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #SD-02-14 of Summer Ice Joint Venture to amend a previously approved 12 lot subdivision. The amendment consists of relocating a previously approved landscaped berm to avoid wetland impacts, on four (4) page set of plans, page one entitled "Meadowland Industrial Park Hinesburg Road So. Burlington Vermont" prepared by Civil Engineering Associates, Inc., dated November, 2001, last revised on 1/2/02 with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) Any change to the plat plans shall require approval by the South Burlington Development Review Board. 3) The final plat plan (sheets SP3A and SP10) 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. 14a4� a. �! 65 --07-02 Jerk Date South Burlington Development Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V S.A. § 4471 and VAC.P. 76, in writing, within 30 days of the date this decision is issued The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of remedy; finality). 2.