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HomeMy WebLinkAboutMS-06-02 - Decision - 0284 Meadowland DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MUNSON EARTH MOVING CORPORATION - 284 MEADOWLAND DRIVE MISCELLANEOUS APPLICATION #MS-06-02 FINDINGS OF FACT AND DECISION Munson Earth Moving, hereafter referred to as the applicant, is seeking miscellaneous approval to temporarily alter the existing grade by placing approximately 40,000 cubic yards of fill on the property, 284 Meadowland Drive. The Development Review Board held a public meeting on March 7, 2006. Based on testimony provided at the above mentioned public meeting 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 temporarily alter the existing grade by placing approximately 40,000 cubic yards of fill on the property, 284 Meadowland Drive. 2. The subject property is located in the Industrial & Open Space (10) Zoning District. 3. The owner of record of the subject property is Munson Earth Moving Corporation. 4. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Lot #1 Site Plan", prepared by Civil Engineering Associates, dated June 2003, with a stamped received date of 2/4/06. 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 - 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 has noted that this fill will be used as a temporary location for the placement of fill from the Kennedy Drive reconstruction project. The applicant is estimating a completion date of 2007/2008. The Development Review Board should consider imposing a limit on the length of time the fill is allowed to remain in piles 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 location of the fill is on an area approved as access to the property. Therefore, a plan for future seeding or planting is not necessary. However, the fill poses a potential problem with stormwater runoff. The applicant has submitted a plan to ensure proper erosion control, including appropriately placed silt fences. This is sufficient for a temporary stockpile. (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 existing grade. -2- DECISION Motion by Gayle Quimby, seconded by Chuck Bolton, to approve Miscellaneous Application #MS-06-02 of Munson Earth Moving Corporation, 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 plan 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 October 15, 2007, at which time the site shall be returned to it's original grade and condition. 4. The silt fence shall be maintained for the duration of the stockpile. The applicant shall be responsible for periodically checking the sediment loading at the fence so that it does not compromise the integrity of the silt fence. 5. No fill shall be placed in the public right of way of Hinesburg Road. 6. The hours of operation shall be 7:30 a.m. to 5:30 p.m. Monday through Saturday. 7. All vehicles accessing the temporary stockpile shall use Meadowland Drive. The Hinesburg Road access shall not be used. 8. 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. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present Chuck Bolton — yea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Larry Kupferman — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present Motion carried by a vote of 6-0-0. Signed this 1� day of ��� aNA, 2006, by John DinApge, Chair -3- 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).