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HomeMy WebLinkAboutSD-02-71 - Decision - 0271 Meadowland Drive# SD-02-71 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, final plat application # SD-02-71 of Munson Earth -Moving Corporation to construct a temporary access road across lot #6 (140 Bowdoin Street) of the Meadowland Business Park, 1150 Hinesburg Road. On the 50' of November 2002, the South Burlington Development Review Board approved the request of Munson Earth Moving seeking final plat approval under Section 204 of the South Burlington Subdivision Regulations, based on the following findings: 1) This project consists of constructing a temporary access road across lot #6 (140 Bowdoin Street) of the Meadowland Business Park, Hinesburg Road. 2) The owner of record is Summer Ice Joint Venture. 3) This property located at the Meadowland Business Park lies within the Industrial Open Space and Conservation Open Space Districts. It is bounded on the north by I- 89, on the west by Lane Press, and on the south and east by Muddy Brook. 4) Access: The applicant is requesting approval for the creation of a temporary access road to serve lot #6 of the Meadowland Business Park. This access will allow for construction to take place on lot #6 while state permits for a wetland crossing are sought to allow construction of the permanent road. This access is requested to be used through this construction season. Staff recommended that the applicant be required to discontinue use of the road by December 15, 2002 and the topsoil be replaced and the disturbed area seeded by 6/1/03. 5) Road and conditions: The City Engineer requests that the temporary road be constructed with a minimum of an 8" gravel base. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves final plat application #SD-02-71 of Munson Earth Moving to construct a temporary access road across lot #6 (140 Bowdoin Street) of the Meadowland Business Park, Hinesburg Road., as depicted on a plan entitled, "Meadowlands Industrial Park Hinesburg Road So. Burlington Vermont" prepared by Civil Engineering Associates, Inc., dated 11/2001 with a stamped received date of 10/10/02, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised to show the changes below and shall require approval of the Director of Planning and Zoning (hereinafter Director). Three (3) copies of the approved revised plans shall be submitted to the Director prior to permit issuance. a. The plans shall be revised to note that the road will cease to be used by 12/15/02 and the topsoil be replaced and the disturbed area seeded by 6/1/03. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 4. The temporary road shall be constructed with a minimum of an 8" gravel base. 5. Any change to the final plat plan shall require approval by the South Burlington Development Review Board. -44'el. rZ r //-o s'- v Chair 19 Clerk C117 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 V.R.C.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