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Home My WebLink AboutMS-11-03 - Decision - 0000 Butler DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON MOSS GLEN LANE & BUTLER DRIVE MISCELLANEOUS APPLICATION #MS-11-03 FINDINGS OF FACT AND DECISION The City of South Burlington is seeking miscellaneous 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 June 21, 2011. 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 is seeking miscellaneous 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. 4. The plans submitted consist of a 38 page set of plans, page two (2) entitled "City of South Burlington Butler Farms Stormwater Pond", prepared by Stantec Consulting Services Inc, dated 4/29/11. 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 #MS-11-03 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 applicant submitted a plan, containing multiple sheets showing the removal of the fill and subsequent re -grading on the subject property. This plan is 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. Staff does not feel this requirement is applicable to the subject application as the retention ponds are proposed to be permanent. (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 applicant is proposing to install stormwater management ponds. The South Burlington Stormwater Superintendent is overseeing the proposal and it shall be completed to his satisfaction. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. Staff does not feel this requirement will be 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. OTHER Please note, as stated on attached memo from Tom DiPietro dated May 19, 2011, though shown on the plans, the applicant is NOT seeking permission to construct the golf course 2 #MS-11-03 swale as shown on sheets C-100, C-102, C-104, C-105, C-106 and C-107. The plans should be revised to remove the drawings for the golf course swales. DECISION Motion by C� '�� " seconded by �b6<iA �4AC�4 to approve Miscellaneous apl6lication S-1 1 -OJ of the City of South Burlington, subject tot e 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 plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plan shall be submitted to the Administrative Officer prior to permit issuance. a. The plan shall be revised to remove the drawings for and references to the golf course swale. Mark Behr — yea/nay/abstain no present Matthew Birming —yea/nay a s ain no present John Dinklage nay/abstain/not present Roger Farley — e ay/abstain/not present Gayle Quimby — e ay/abstain/not present Michael Sirotki — e nay/abstain/not present Bill Stuono — ea ay/abstain/not present Motion carried by a vote of tli- Signed this 2 3 day of J cl� William Stuono, Acting Chairman 2011, by #MS-11-03 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/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. 11