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Home My WebLink AboutMS-14-07 - Decision - 0596 Meadowland DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GRANDVIEW FARM, INC. — 596 MEADOWLAND DRIVE MISCELLANEOUS APPLICATION #MS-14-07 FINDINGS OF FACT AND DECISION Grandview Farm, Inc. is seeking miscellaneous after -the -fact approval to for after -the -fact approval to place 3,800 cubic yards of fill on an undeveloped lot, 596 Meadowland Drive. The Board held a public hearing on this application on October 7, 2014. David Marshall 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: FINDINGS OF FACT 1. Grandview Farm, Inc. is seeking miscellaneous after -the -fact approval to place 3,800 cubic yards of fill on an undeveloped lot, 596 Meadowland Drive. 2. The owner of record of the subject property is Grandview Farm, Inc. 3. The subject property is located in the Industrial & Open Space Zoning District 4. The plan submitted consists of three (3) pages, page one is entitled "Neagley & Chase Construction Office Facility Lot 5 Meadowland Business Park 66 Bowdoin Street South Burlington Vermont, Lot 3 — Overall Site Plan," dated Aug. 20, 2014. This application shall be reviewed under Section 12.02.E. Standards for Wetland Protection and Review Procedures and Section 3.12 Alteration of Existing Grade of the Land Development Regulations. Section 12.02. E. Standards for Wetland Protection Standards (3) Encroachment into Class 11 wetland buffers, Class 111 wetlands and Class 111 wetland buffers, may be permitted by the DRB upon finding that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, #MS-14-07 stormwater treatment, stream buffering, and/or other mitigation measures. The applicant submitted a report on October 15, 2014 (included in the packet) prepared by Oakledge Environmental Services addressing the impact of the wetland encroachment of the soil stockpile. The report concludes that the above standards for wetland protection have been met. Section 3.12 Alteration of Existing Grade 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. 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 Board finds that this criterion is met. (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 Board finds that this criterion is not applicable as the fill is meant to be a permanent addition to this 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 Board finds that this criterion is met. The plans indicate that the stockpile will be seeded and mulched and that a silt fence will be installed on the downhill side of the stockpile. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. The Board finds that a bond is not necessary to assure compliance. (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 existing prior to the placement of the soil on the property which is the subject of this application. PA #MS-14-07 DECISION Motion by Bill Miller, seconded by David Parsons, to approve miscellaneous application #MS-14-07 of Grandview Farm, Inc., 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 applicant shall obtain a zoning permit within six (6) months or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. 5. The pre -construction height for future development will be the existing grade prior to the placement of the fill which is the subject of this application. Tim Barritt— yea nay abstain not present Mark Behr — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons— yea nay abstain not present Jennifer Smith — yea nay abstain not present John Wilking— yea nay abstain not present Motion carried by a vote of 6— 0 — 0. l D Signed this a2 day of 2014, by Tim Barritt, Chair 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 http://vermont*udiciarV.org/GTC/environmental/default.aspx 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. 3