HomeMy WebLinkAboutCU-11-02 SP-11-14 - Decision - 0472 Meadowland DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
O'BRIEN MEADOWLANDS, LLC — 472 MEADOWLANDS DRIVE
CONDITIONAL USE APPLICATION #CU-11-02
SITE PLAN APPLICATION #SP-11-14
FINDINGS OF FACT AND DECISION
O'Brien Meadowlands LLC is seeking conditional use approval for 5,000 sq. ft. of funeral home and
mortuary use (crematorium) in unit #7, 472 Meadowland Drive.
The applicant is also seeking site plan approval to amend a previously approved plan for a 60,000 sq.
ft. multi -tenant industrial building. The amendment consists of occupying vacant space (unit #7) with
5,000 sq. ft. of funeral home and mortuary use (crematorium), 472 Meadowland Drive.
The Board held public hearings on this application on the original application on May 17, & July 19,
and a public hearing on a request for reconsideration of the Board's decision on November 15, 2011.
Scott Homsted represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans ands supporting
materials contained in the document file for this application, the Development Review Board, finds,
concludes, and decides the following:
O'Brien Meadowlands LLC, hereafter referred to as the applicant, is seeking conditional use
approval for 5,000 sq. ft. of a crematorium in unit #7, 472 Meadowland Drive. The applicant is
also seeking site plan approval to amend a previously approved plan to amend a previously
approved plan for a 60,000 sq. ft. multi -tenant industrial building. The amendment consists of
occupying vacant space (unit #7) with 5,000 sq. ft. of a crematorium use, 472 Meadowland
Drive.
2. The owner of record of the subject property is O'Brien Meadowlands, LLC.
The request for reconsideration of the decision to approve this request, issued on August 31,
2011, was received on September 27, 2011 and a public hearing was held on November 15,
2011.
4. The subject property is located in the Industrial Open Space Zoning District.
5. The plans submitted consist of a plan entitled " Site Plan Meadowlands Business Complex Lot
2 Meadowland Industrial Park 472 Meadowland Drive South Burlington, Vermont"", prepared
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by Krebs & Lansing Consulting Engineers, Inc., dated May 3, 2006, last revised on 4/8/11.
6. While the SBLDR do not specifically list crematoriums among conditional uses allowed in the
IOS zoning district, the DRB finds such use most closely approximates the funeral home and
mortuary use listed and will be reviewed under the same. In so doing, the DRB recognizes that
under the SBLDR "the DRB may attach such additional reasonable conditions and safeguards
as it may deem necessary to implement the purposes of these Land Development Regulations."
( Article 2) The DRB also noted that no other use permitted as of right or as a conditional use in
the IOS district would allow for the establishment of a crematorium other than funeral
home/mortuary.
8. The additional conditions on operations set forth below are based on the concerns raised
through testimony and submissions regarding potential harm from mercury emissions and
changes to the character of the neighborhood.
CONDITIONAL USE CRITERIA
Section 14.01 of the Land Development Regulations, Site Plan and Conditional Use Review, General
Purpose, states the following:
"The site plan review process and the conditional use review process will allow the City of
South Burlington to review the arrangement, layout, use interrelationships and
neighborhood impacts of sites intended for development or redevelopment and to ensure
the aesthetic quality of such design to conform to the character of the neighborhood and the
goals of the comprehensive plan. "
SpecificallNpursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
The proposed use, in its location and operation, shall be consistent with the planned character of the
area as defined by the City of South Burlington Comprehensive Plan.
The South Burlington Comprehensive Plan indicates that the Industrial Open Space Zoning District:
"was intended originally to provide land for high -quality, large -lot industries and
offlices whose buildings and operations are consistent with a location in an
environmentally healthy and visually sensitive area adjacent to residential
neighborhoods ... Recently, there have been significant concerns about the suitability
of this district for warehousing, particularly in areas adjacent to existing residential
neighborhoods. While this area is close to the Airport and the planned highway
interchange at Route 116 and I-89, the noise and visual impacts associated with
truck traffic are potentially very disruptive to residential neighborhoods. This issue
has been discussed during the SEQ Concept Plan; among the ideas evaluated were
the creation of a warehousing sub -district adjacent to the Interstate. In any case,
there was strong consensus that the zoning regulations for the IO district regarding
warehousing should be re-evaluated. "
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While the language from the Comprehensive Plan calls out warehousing uses specifically, the Board
finds that the general view of the IO district as identified in the Comprehensive Plan, approved by the
Planning Commission and the City Council, is that the area remains a viable location for industrial
uses, provided that such uses are sensitive to the surrounding residential neighborhoods in terms of
noise and visual impacts. The Comp plan goes on to list recommendations for the area, including:
3.3Continue to limit uses in the Industrial -Open Space District to clean, high
quality light manufacturing, research and testing, and office uses, and take steps
through zoning and development review to limit potential adverse impacts on
adjacent natural areas and residential neighborhoods.
3.4 Revise the LDRs to ensure that all truck -intensive uses in the IO district are
located a sufficient distance away from residentially zoned lands to prevent adverse
noise, air quality, light, and visual impacts.
The Board will consider any potential adverse impacts related to noise, air quality, light, and visual
impacts and whether these are consistent with the above statement.
The Board will also consider the performance standards in this review. Appendix A of the South
Burlington Land Development Regulations dictates:
A.1 Fire and Explosion Hazards
(a) All activities involving storage of flammable and explosive materials shall be provided with
adequate safety and fire -fighting devices in accordance with all applicable state and local laws and
regulations.
(b) Burning of waste materials in open fires is prohibited.
With respect to fire and explosion hazards, the Board finds that the applicant meets criteria in Appendix
A, Performance Standards A.1, Fire and Explosion hazards. The application does not involve the
storage of flammable and explosive material.
A.2 Vibration
(a) No vibration shall be produced which is transmitted through the ground and is discernible without
the aid of instrument at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak at
up to 60 cps frequency, measured at or beyond the lot lines using either seismic or electronic vibration
measuring equipment.
(b) Vibrations occurring at higher than 50 cps frequency or random vibrations shall not induce
accelerations exceeding .001g. Single impulse random vibrations occurring at an average interval
greater than 5 minutes shall not induce accelerations exceeding .01g.
With respect to vibration standards, the Board finds that the applicant meets criteria in Appendix A,
Performance Standards A.2. No measureable vibrations will be transmitted beyond lot lines.
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A.3 Noise
(a) The following acts are declared to be loud, disturbing and unnecessary noises and shall be deemed
detrimental to the health and safety of the residents of the City of South Burlington:
(i) Defect in vehicle or operation of vehicle. The operation of any automobile or motorcycle in
such a manner as to create squealing, or squealing of tires, or loud and unnecessary grating,
grinding, exploding -type, rattling, or other noises.
(ii) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played,
used or operated of any radio receiving set, musical instrument, phonograph, loud speaker,
sound amplifier, or other machine or device for the producing or reproducing of sound which is
cast upon the public streets for the purpose of commercial advertising or attracting the
attention of the public.
(iii) Horns, signaling devices, etc. The sounding of any horn or signal on any automobile,
motorcycle or other vehicle except as a danger warning; the creation, by means of any other
signaling device, of any unreasonable loud or harsh sound; and the sounding of any such
device for unnecessary and/or unreasonable periods of time.
(iv) Radios, phonographs, etc. The using, operating or permitting to be played, used or
operated of any radio or television receiving set, musical instrument, phonograph, or other
machine or device for producing or reproducing of sounds in such a manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or any time with louder volume than is
necessaryfor convenient hearing for the person or persons who are in the room, vehicle or
chamber in which such a machine or device is operated and who are voluntary listeners thereto.
(v) Exhaust. The discharge into the open air of the exhaust of any steam engine, internal
combustion engine, motor boat, or motor vehicle, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
(vi) Noise in general. Any noise which is deemed objectionable because of volume, frequency or
beat and is not nufed or otherwise controlled.
(b) Specific Standards
(i) The creation of, permitting or operation of any of the above sets, instruments, devices or
vehicles causing said noise in such a manner as to be plainly audible at a distance of fifty feet
(50 ) from the building, structure or vehicle from which noise emanates shall be prima facie
evidence of a nuisance and a violation of these Regulations.
(ii) It shall be a violation of these Regulations for any property owner to create or allow the
creation of noise in excess of the following stated limits in the City during the hours of 12: 00
AM and 8. 00 AM.•
a. 45 dBA based on a one -hour average measured at any point where the property on
which the noise emanates adjoins any property used for residential purposes.
b. 60 dBA based on a one -hour average measured at any point where the property on
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which the noise emanates adjoins any property used for commercial purposes.
(iii) For purposes of this Appendix, the following terms shall be defined as stated below:
a. Decibel — a unit measure ofsound level.
b. Sound level — in decibels measured by a sound meter, by using the "A "frequency
weighing, expressed in dBA.
c. Average sound level — a sound level during a given period of time (e.g. one hour)
found by the general rule of combination of sound levels. Also called "equivalent sound
level. "
(c) Exemption
(i) Speakers, sound trucks, amplifiers, etc. used for commercial purposes as advertising for
which a proper permit has been issued are specifically exempt from the provisions of these
Regulations.
(ii) Emergency vehicles operated by fire, rescue and police agencies are specifically exempt
from the provisions of these Regulations.
(iii) Temporary actions benefiting the public, including but not limited to roadway construction,
sewer and water line construction, and special public events, are specifically exempt from the
provisions of these Regulations upon approval of such an exemption by the City Manager.
(d) Sound Measurement Standards. Sound shall be measured in accordance with the standards
specified by the American National Standards Institute.
With respect to noise, the Board finds that the applicant meets criteria in Appendix A, Performance
Standards A.3, Noise. Decibel levels are below 45 DBA, based on a one -hour measurement to
residential properties, and below 60 DBA, based on a one -hour measurement to commercial properties.
A.4 Air Pollution
(a) Visible emissions. There shall not be discharged into the atmosphere from any source at any time
any air pollutant in excess of specified darkness standards (No. 1 on the Ringlemann Chart, except
under specified conditions contained within air pollution standards). This shall include emissions of air
pollutants of such capacity as to obscure an observer's view to a degree equal to or greater than the
above visible emission standard. Visible emission of any kind at ground level past the lot line of the
property on which the source of the emissions is located are prohibited.
(b) Pollutants. All discharge or emission of potentially dangerous or offensive elements into the air
shall be subject to the requirements of all applicable local, state, and federal regulations.
With respect to air pollution, the Board finds that the applicant meets criteria with the conditions stated
below. Referencing the independent Stantec study of 7/17/2011, "Stantec consulting services (Stantec)
feels that the proposed unit can be operated in compliance with performance standards A.4 and A.5 of
the South Burlington Land Use Regulations effective March 15, 201 L"
Several neighbors provided testimony and submitted information raising concerns in regards to
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mercury emissions. On page three of the Stantec study, "Review Findings for the Matthews Power -Pak
II System", item # 9 states in part: "According to the data retained by the APCD, a single
crematorium's mercury emissions would not meet the action level set by the state in terms of lbs of
emissions/8hrs of operation",
The crematorium shall therefore operate for no more than eight (8) consecutive hours per day during
the week and shall not operate on the weekends. Prior to permit issuance, the applicant shall provide
the Administrative Officer in writing, the chosen hours of operation.
A.5 Odors
(a) No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be
readily detected or as to interfere unreasonably with the comfort of the public.
(b) Any process which may involve the creation or emission of any odors shall be provided with a
secondary safeguard system so that control will be maintained if the primary safeguard system should
fail.
(c) Table III, Odor Thresholds in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951 by
the Manufacturing Chemists'Association, Inc. or its equivalent shall serve as a guide to determining
such quantities of offensive odors.
With respect to odors, the Board finds, referencing the independent study by Stantec of 7/15/2011, Page
3, "The operation of the proposed unit will be in compliance with the visible emission and pollution
discharge requirements of the Vermont Air Pollution Control Division during its operation. Odors
should not be detected beyond the property line." The same condition applies to A.5 as to AA, that the
crematorium shall operated for no more than eight (8) consecutive hours per day during the week and
shall not operate on the weekends. Prior to permit issuance, the applicant shall provide the
Administrative Officer in writing, the chosen hours of operation.
A.6 Electromagnetic Radiation
(a) It shall be unlawful to operate, or cause to be operated, a planned or intentional source of
electromagnetic radiation except in compliance with the applicable regulations of the Federal
Communications Commission or the Inter -department Radio Advisory Committee regarding such
sources of electromagnetic radiation. Said operation shall be unlawful if such radiation causes an
abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors
of quality and design because of proximity, primaryfield, blanketing, spurious re -radiation, harmonic
content, modulation or energy conducted by power or telephone lines.
(b) The determination of "abnormal degradation in performance " and "of quality and property
design " shall be made in accordance with good engineering practices as defined in the most current
principles and standards of the Institute of Electrical and Electronic Engineers.
A.7 Radioactive Radiation
(a) No activities shall be permitted which emit dangerous radioactivity at any point beyond the
property line.
(b) The handling of radioactive materials, the discharge of such materials into air and water, and the
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disposal of radioactive materials shall be in conformance with all applicable state and federal
regulations.
With respect to electromagnetic and radioactive radiation, the Board finds that the applicant meets
criteria in Appendix A, Performance Standards A.6, and A.7, electromagnetic and radioactive radiation.
No measurable radiation will be produced.
A.8 Heat
(a) For the purposes of these Regulations, heat is defined as thermal energy of a radioactive,
conductive, or convective nature.
(b) Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent
property, whether such change be in the air or the ground, in a natural stream or lake, or in any
structure on such adjacent property.
With respect to heat, the Board finds that the applicant meets criteria in Appendix A, Performance
Standards A.8, Heat. The heat emitted will not cause temperatures to rise on adjacent property.
A.9 Direct Glare
(a) Direct glare is defined for the purposes of these Regulations as illumination within property lines
caused by direct or spectrally reflected rays from incandescent, fluorescent, or arc lighting, or from
such high temperature processes as welding or petroleum or metallurgical refining.
(b) No such direct glare shall be permitted, except that parking areas and walkways may be illuminated
by luminaries so hooded or shielded that the angle of maximum candlepower shall be sixty degrees
(60o) drawn perpendicular to the ground. Such luminaries shall be placed not more than thirty feet
(30 ) above ground level and the maximum illumination at ground level shall not be in excess of an
average of three (3) foot candles.
A.10 Indirect Glare
(a) Indirect glare is defined for the purposes of these Regulations as illumination beyond property lines
caused by diffuse reflection from a surface such as a wall or roof of a structure.
(b) Indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum,
and 0.1 foot candles average.
(c) Deliberately induced sky -reflected glare, as by casting a beam upward for advertising purposes, is
specifically prohibited.
With respect to direct and indirect glare, the Board finds that the applicant meets criteria in Appendix
A, Performance Standards A.9 and A.10, Direct and Indirect Glare. Applicant is in accordance with
South Burlington regulations.
A.11 Liquid and Solid Wastes
No discharge or emission of any potentially dangerous or offensive elements shall be permitted at any
point into any sewage disposal system, water supply system, watercourse, or lake, or into the ground or
air, except in accord with all applicable local, state and federal regulations.
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With respect to liquid and solid waste, the Board finds that the applicant meets criteria in section 14.07
Specific Review Standards C, meets disposal of wastes requirements, and also Appendix A,
Performance Standards A.11, Liquid and Solid Wastes. No potentially dangerous or offensive elements
shall be discharged.
A.12 Other Requirements
Where the requirements of these performance standards may be replaced by newer standards or may
conflict with other local, state or federal statutes or regulations, the stricter standards shall apply.
The applicant submitted testimony which states that there will be very little emissions from the
proposed use, which they have stated will be less than other common uses.
The Board sought the independent technical review of a third -party consultant. The consultant, Peter R.
Charrington, P.E. from Stantec Consulting Services, Inc., reviewed the applicant's submission, as well
as the proposed technology for the crematorium. His report is dated July 15, 2011 and is incorporated
herein by reference.
The proposed use shall conform to the stated purpose of the district in which the proposed use is
located.
The stated purpose of the district is "to provide suitable locations for high -quality, large -lot office, light
industrial and research uses in areas of the City with access to major arterial routes and Burlington
International Airport."
The application before the Board is for a proposed change in use. The building is fully approved and
permitted, and no site plan changes are requested. The Board finds that the existing building and layout
of the site meets the stated purpose of the district.
The Development Review Board must find that the proposed uses will not adversely affect the
following:
(a) The capacity of existing or planned municipal or educational facilities.
The Board finds that the proposal will not adversely affect municipal services or educational facilities.
Relevant impact fees have already been paid with the construction of the building.
(b) The planned character of the neighborhood or district in which the property is located, nor
ability to develop adjacent propertyfor appropriate uses.
The Board reviewed the statements above with respect to the planned character of the area. The subject
property is located in an industrial zone. This industrial zone is located adjacent to a residential
neighborhood. A 200 foot buffer is mandatory in the IO zone along the residential zoning district
boundary. This buffer was implemented with construction of the building. The Board considered any
outward, undue and adverse affects of the proposed use. The Board finds that in order to minimize any
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adverse impacts to the planned character of neighborhood by introducing incineration (cremation)
into the IO district and the surrounding area, the applicant shall adhere to the conditions as outlined in
AA and A.5 above.
(c) Traffic on roads and highways in the vicinity.
The proposal will not affect traffic in the vicinity. Traffic studies and impact fees were paid with the
subdivision of the greater area, as well as the construction of the building. No new construction is
planned and the proposed change in use is not traffic -intensive.
(d) Bylaws in effect.
With respect to the bylaws in effect, the Board finds that the applicant is in compliance with bylaws in
effect
(e) Utilization of renewable energy resources.
The Board finds that the proposal will not affect renewable energy resources.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the following_ general
review standards for all site plan applications:
(a) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and
adequate parking areas.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable.
(c) Without restricting the permissible limits of the applicable zoning district, the height and scale of
each building shall be compatible with its site and existing or adjoining buildings.
(d) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground
(e) The DRB shall encourage the use of a combination of common materials and architectural
characteristics, landscaping, buffers, screens and visual interruptions to create attractive
transitions between buildings of different architectural styles.
(� Proposed structures shall be related harmoniously to themselves, the terrain, and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the
South Burlington Land Development Regulations:
(a) The reservation of land may be required on any lot for provision of access to abutting properties
whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector
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street, to provide additional access for emergency or other purposes, or to improve general
access and circulation in the area.
(b) Electric, telephone and other wire -served utility lines and service connections shall be
underground Any utility installations remaining above ground shall be located so as to have a
harmonious relation to neighboring properties and to the site.
(c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling
or other requirements, shall be accessible, secure and properly screened with opaque fencing to
ensure that trash and debris do not escape the enclosure(s).
(d) Landscaping and Screening Requirements
Access/Circulation
No new construction is planned as part of this application. As such, the Board finds that the change in use
will not affect the site layout or other elements of the site plan.
DECISION
The South Burlington Development Review Board approves conditional use application #CU-11-02 &
site plan application #SP-11-14, subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in full
effect.
2. The 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 crematorium shall be limited to utilizing one (1) Matthews Power -Pak II System unless
otherwise approved by the Development Review Board.
4. The crematorium shall operate for no more than eight (8) consecutive hours per day during the week
and shall not operate on the weekends. Prior to permit issuance, the applicant shall provide the
Administrative Officer in writing the hours of operation chosen for operation. The 40 hours per week of
operation is restricted to the Mathews Power -Pak II System, funerals and general office related work
will not be restricted to the 40 hours per week and can be done at any time.
5. 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.
6. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer
prior to use of the site modifications.
7. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
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Tim Banitt-�a/nay/abstain/not present
Mark Behr -_Xe /nay/abstain/not present
Matthew Birmingham - yea//abstain/not present
Roger Farley - yea/nay/abstain/not present
Joe Randazzo- yea//abstain/not present
Michael Sirotkin-_yea/nay/abstain/not present
Bill Stuono - yea/ya present
Motion carried by a vote of 4 - 3 - 0
Signed this 29`" day of December 2011, by
Digitally signed by Mark C. Behr
DN: cn=Mark C. Behr, o=Richard Henry
Mark C . Behr Behr Architect P.C., ou,
emall=mark@rhbpc.com, c=US
Date: 2011.12.29 19:21:02 -05'00'
Mark Behr, Chairman
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South
Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See
V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or
hn://vermontiudicia!y.org/GTC/envirorimental/default.aW for more information on filing
requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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