HomeMy WebLinkAboutMS-08-09 - Decision - 0284 Meadowland Drive#MS-08-09
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MUNSON EARTH MOVING - 284 MEADOWLAND DRIVE
MISCELLANEOUS APPLICATION #MS-08-09
FINDINGS OF FACT AND DECISION
Munson Earth Moving, hereafter referred to as the applicant, is seeking miscellaneous
approval to extend the expiration date for removal of approximately 40,000 cubic yards
of fill on the property beyond the October 15, 2007 expiration date, 284 Meadowland
Drive.
The Development Review Board held a public hearing on Tuesday, September 16,
2008. David Marshall represented the applicant.
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 extend the expiration date for
removal of approximately 40,000 cubic yards of fill on the property beyond the
October 15, 2007 expiration date, 284 Meadowland Drive.
2. On December 11, 2007 the applicant received approval to extend the date for
removal of the fill to December 11, 2009, at which time the site shall be restored
to the original grade and condition. However, the applicant never secured the
zoning permit within the required six month period after the December, 2007
approval and therefore that approval is void. The applicant is now seeking to re-
establish this extension.
3. The owner of record of the subject property is Munson Earth Moving Corp.
4. The subject property is located in the Industrial & Open Space (10) Zoning
District.
5. The plan submitted consists of a five (5) page set of plans, page one (1) entitled,
"Kennedy Drive Soil Stockpile Site Meadowland Drive South Burlington
Vermont", prepared by Civil Engineering Associates, Inc., dated Aug, 2007.
This application shall be reviewed under Section 3.12 of the Land Development
Regulations.
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
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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 filled or removed,
and the existing grade and proposed grade created by removal or addition of material.
The applicant submitted a plan showing the placement of the fill on the subject property.
The heights of the mounds appear to be a maximum of 24 feet. Furthermore, the highest
elevation of the proposed fill will be lower than that of Hinesburg Road.
(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 applicant previously noted that this fill would be used as a temporary location for the
placement of fill from the Kennedy Drive reconstruction project. Although that project
has been completed, the applicant is requesting an extension of the date. The
Development Review Board should consider imposing a limit on the length of time the fill
is allowed to remain on the property. The previous approval was to be valid to
December 11, 2009.
(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 fill poses a potential problem with stormwater runoff. The applicant has
submitted a plan to ensure proper erosion control, including appropriately placed silt
fences. The City Stormwater Superintendent has reviewed the plans and requested
revisions. Those revisions have since been made and he has stated that the new plans
are acceptable.
(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 grade which existed prior
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to the fill. This is noted on the plans which have been submitted by the applicant.
//�� �t DECISION
Vr
Motion by � L� h%� seconded by �6 i �� to
approve Miscellaneous Application #MS-08-09 of Munson Earth Moving Co p, 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 plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The approval for the placement of fill on this property shall expire on December
11, 2009 at which time the site shall be returned to its original grade and
condition.
4. No fill shall be placed in the public right of way of Hinesburg Road or
Meadowland Drive.
5. Access to the proposed fill shall only be via Meadowland Drive. No access shall
occur via Mansfield View Lane.
6. 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.
7. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
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Mark Behr —�iee /nay/abstain/not present
Matthew Birmingham
— yea/nay/abstain not presen
John Dinklage
nay/abstain/not present
Roger Farley —
present
%/nay/abstain/not
Eric Knudsen —ay/abstain/not
present
Peter Plumeau
/nay/abstain/not present
Gayle Quimby
nay/abstain/not present
Motion carried by a vote of (0 - 5 -c>
Signed this/--L day of 2008, by
John Din age, Chair
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).
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