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HomeMy WebLinkAboutMS-14-04 - Decision - 0000 Moss Glen LaneCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON MOSS GLEN LANE & BUTLER DRIVE MISCELLANEOUS APPLICATION #MS-14-04 FINDINGS OF FACT AND DECISION Miscellaneous application #MS-14-04 of the City of South Burlington for after -the -fact approval for stormwater improvements consisting of: 1) stream bank stabilization, 2) flood plain restoration, 3) constructing a new stormwater pond in the Butler Farms neighborhood, and 4) reconstructing two (2) stormwater ponds in the Oak Creek neighborhood, Moss Glen Lane & Butler Drive. The Board held a public hearing on this application on April 15, 2014. Tom DiPietro 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. The City of South Burlington seeks miscellaneous after -the -fact approval for stormwater improvements consisting of: 1) stream bank stabilization, 2) flood plain restoration, 3) constructing a new stormwater pond in the Butler Farms neighborhood, and 4) reconstructing two (2) stormwater ponds in the Oak Creek neighborhood, Moss Glen Lane & Butler Drive. 2. The owner of record of the subject property are the City of South Burlington, Robert & Jane Miler, and Rachel & Steve Sermeth. 3. The subject property is located in the Southeast Quadrant Zoning District & the Neighborhood Residential Sub -district. 4. This project was previously reviewed and approved in application #MS-11-03, and has already been built. However, a zoning permit had not been procured timely, so the prior approval expired. 5. The plans submitted consist of a 23 page set of plans, the cover sheet entitled "City of South Burlington, Vermont US EPA Stormwater Demonstration Grant... `, prepared by Stantec Consulting Services Inc, dated March 2012. 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. #MS-14-04 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 set of plans illustrating the work as previously approved and as already constructed. These plans are sufficient to satisfy this requirement. (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 project is already completed. (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 project is already completed. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. The project is already completed. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. The pre -construction height for future development was the existing grade. DECISION Motion by Bill Miller, seconded by Mark Behr, to approve miscellaneous application #MS-14-04 of the City of South Burlington, 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 pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 2 #MS-14-04 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the stormwater improvements. 5. Any change to the plans shall require approval by the South Burlington Development Review Board. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — 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 Motion carried by a vote of 5 — 0 — 0 +4 Signed this .day of / T 2014, by lim 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://vermontiudiciary.org/GTC/environmental/defauIt.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. 91