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HomeMy WebLinkAboutMS-07-12 - Decision - 0284 Meadowland Drive#MS-07-12 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MUNSON EARTH MOVING CORP — 284 MEADOWLAND DRIVE MISCELLANEOUS APPLICATION #MS-07-12 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, December 11, 2007. 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. The owner of record of the subject property is Munson Earth Moving Corp. 3. The subject property is located in the Industrial & Open Space (10) Zoning District. 4. The plans submitted consist of a five (5) page set of plans, page one (1) entitled, "Kennedy Drive Soil Stockpile Site Falls Road 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 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. - 1 - #MS-07-12 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. (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 is not 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 to the fill. This is noted on the plans which have been submitted by the applicant. -2- #MS-07-12 QW44kAre701 Motion by Gayle Quimby, seconded by Mark Behr, to approve Miscellaneous Application #MS-07-12 of Munson Earth Moving Corp., subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full 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 plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance: a. The site plans shall be revised to correct the notation that this project is located on Falls Road. 4. 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 it's original grade and condition. 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 or the Administrative Officer. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Eric Knudsen — yea/nay/abstain/not present Peter Plumeau — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present -3- #MS-07-12 Motion carried by a vote of 6 -0 - o Signed this (_ day of 2007, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 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). -4-