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Home My WebLink AboutMS-11-06 - Decision - 0072 Bartlett Bay RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MEEHAN- 72 BARTLETT BAY ROAD MISCELLANEOUS APPLICATION #MS-11-06 FINDINGS OF FACT AND DECISION Kevin & Marina Meehan, hereafter referred to as the applicants, are seeking miscellaneous approval for the installation of erosion control measure (sea wall and slope stabilization), 72 Bartlett Bay Road. The Board held a public meeting on this application on December 20, 2011. Jeffrey Olesky 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: Kevin & Marina Meehan, hereafter referred to as the applicants, are seeking miscellaneous approval for the installation of erosion control measure (sea wall and slope stabilization), 72 Bartlett Bay Road. 2. The owners of record of the subject property are Kevin L. & Marina A. Meehan. 3. The subject property is located in the Lakeshore Neighborhood and Floodplain Overlay Zoning Districts. 4. The application was received on October 26, 2011. 5. The plans submitted consist of a three (3) page set of plans; page one (1) entitled "Proposed Slope Stabilization Project 72 Bartlett Bay Road, South Burlington Vermont", prepared by Civil Engineering Associates, dated October 5, 2011. This application is being reviewed under Conditional Use criteria and Section 12.01(1)(3) of the South Burlington Land Development Regulations. Pursuant to Section 14.10(El 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 proposed project is consistent with the planned character of the area, as defined by the South Burlington Comprehensive Plan. #MS-10-06 The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed erosion control measures and stairs conform to the stated purpose of the Lakeshore Neighborhood Zoning 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 proposal does not adversely affect the capacity of municipal or educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposal does not adversely affect the character of the neighborhood. The proposed erosion control measures will help to protect areas up and down lake of the subject property from further damage from erosion. (c) Traffic on roads and highways in the vicinity. The proposed measures will have no affect traffic on roads or highways in the vicinity. (d) Bylaws in Effect The proposed erosion control measures and stairs shall also adhere to Section 12(D) (3) of the South Burlington Land Development Regulations, Surface Water Protection Standards, and governing water - oriented development. (a) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. The applicant has proposed supplemental stabilization measures including the reconstruction of the existing sea wall and stabilization of the existing bank along the Lake. Measures include repairing existing rip -rap stabilization and supplementing with stabilization fabric, granular fill, and additional rip -rap. Existing decks and stairs will be moved to facilitate construction then reconstructed in their original locations. (b) The improvement will not increase the potential for erosion. When construction is complete, the proposed retaining wall will deter erosion more effectively than what exists today. The applicant states that no work will be done below the 98' contour and all access will be through the subject property. (c) The improvement will not have an undue adverse impact on the aesthetic integrity of the 2 #MS-10-06 lakeshore. The erosion that is currently occurring is destroying the vegetation; the new erosion -control measures will eliminate further destruction of this vegetation. (d) A landscaping plan showing plans to preserve, maintain, and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake. The applicant has stated that existing vegetation will be maintained outside of construction areas. Staff does not feel that additional vegetation is needed at this time or as a result of this application. Pursuant to Section 3.13(F) of the Land Development Regulations the proposed conditional use shall meet the following standards: The Development Review Board in granting conditional use approval may impose conditions of the following: a) Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operations. b) Warning systems, fire controls, and other safeguards. c) Provision for continuous monitoring and reporting. d) Other restrictions as maybe necessary to protect public health and safety. The Board does not feel it is necessary to impose any of the above conditions on the proposed project. Water -Oriented Development The applicant is also proposing to install new stone steps to access the lake front. Pursuant to Section 10.01(F) (3) (a): No encroachment, including fill, new construction, substantial improvement, or other development, that would result in any increase in flood levels within the regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless hydrologic and hydraulic analyses are performed in accordance with standard engineering practice, by a licensed professional engineer, certifying that the proposed development will: a) Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and b) Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. The applicant's engineer has submitted a letter addressing these criteria (from Civil Engineering Associates, dated October 26, 2011). The Board finds the plans to be in compliance. #MS-10-06 DECISION Motion by Joe Randazzo, seconded by Roger Farley, to approve Miscellaneous application #MS-11-06 of Kevin & Marina Meehan 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. Tim Barritt—lea/nay/abstain/not present Mark Behr —lea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present Roger Farley —lea/nay/abstain/not present Joe Randazzo— ,yea/nay/abstain/not present Michael Sirotkin — yea/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by a vote of 5 — 0 — 0 Signed this 2157 day of December 2011, by Digitally signed by Mark C. Behr Mark C. Beh r DN:cn=Mark Meet. Behr, .,ou, Richard Henry Behr Architect P.C., ou, email=mark@rhbpc.com, c=US Date: 2011.12 21 12:36:01-05'00' 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 hgp://vermontjudicig.orp-/GTC/enviromnental/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. 4