HomeMy WebLinkAboutMS-04-03 - Decision - 0339 Patchen RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
SUSAN HEISER - 339 PATCHEN ROAD
MISCELLANEOUS APPLICATION #MS-04-03
FINDINGS of FACT & DECISION
Susan Heiser, hereafter referred to as the applicant, is seeking miscellaneous approval
to alter the existing grade by adding more than 20 cubic yards of fill to the property, 339
Patchen Road. The South Burlington Development Review Board held a public meeting
on November 9, 2004. The applicant was present at the meeting.
Based on testimony provided at the above mentioned public meeting and the plans and
supporting material contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS of FACT
1. The applicant is seeking miscellaneous approval to alter the existing grade by
adding more than 20 cubic yards of fill to the property, 339 Patchen Road.
2. The owner of record of the subject property is Susan Heiser.
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The plans consist of a plan entitled, "Plat of Survey Susan A. Heiser Property No.
339 Patchen Road So. Burlington, VT", prepared by Warren A. Robenstein.
Staff discovered that the applicant has placed more than 20 cubic yards of fill on the
property without approval and a zoning permit. Staff advised the applicant to apply to the
Development Review Board for approval.
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.
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, dated September 18, 2004, containing one (1) sheet
showing the existing conditions of 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.
This requirement is not applicable to the subject application.
(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 plans submitted do not include plans for the rehabilitation of the site. There are no
',operations" being conducted on the site, so rehabilitation measures are not necessary.
(c) Provision of a suitable bond or other security adequate to assure compliance
with the provisions of this Section.
This requirement will not 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
The City Engineer reviewed the plan and provided comments dated October 28, 2004 .
In addition to the fill which is the subject of this application, fill was also placed within the
50' stream buffer of an adjacent stream. This fill material consists of wood chips and
wood debris from a local tree service business.
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� DECISION
Motion byG A�C�-, 6?k[W/ seconded by NI bo exlel< —'
to approve Miscellaneous Application #MS-04-03 of Susan Heiser, subject to the
following conditions:
1. All previous approvals and stipulations, which are not superseded by this
approval, shall remain in effect.
2. This project shall be completed as shown on the plans submitted by the
applicant, as amended by this decision, and on file in the South Burlington
Department of Planning & Zoning.
3. The applicant shall comply with the requests of the City Engineer, as outlined in
his memorandum dated October 28, 2004.
4. 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.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Chuck Bolton — nay/abstain/not present
Mark Boucher — nay/abstain/not present
John Dinklage — e nay/abstain/not resent
Roger Farley — yea/nay/abstain of prese
Michele Kupersmith — e ay/abstain/not resent
Larry Kupferman — ea nay/abstain presen
Gayle Quimby —6ofnay/abstain/not present
Motion carried by a vote of
Signed this J day of November, 2004 by
C
Jphn Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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