HomeMy WebLinkAboutMS-03-05 - Decision - 0007 Beechwood LaneI
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD
JAMES and DIANA CARRIS — 7 BEECHWOOD LANE
MISCELLANEOUS APPLICATION #MS-03-05
FINDINGS OF FACT & DECISION
James and Diana Carris, hereafter referred to as the applicants, are requesting
miscellaneous approval for construction of a single-family dwelling that will result in a
wetland buffer encroachment, 7 Beechwood Lane. The proposed construction will
encroach into the required 50' buffer of a Class II wetland, which abuts the Potash Brook.
Approval of the proposed development is subject to review of Section 12.02 of the Land
Development Regulations. The applicant has submitted a document from Cathy O'Brien,
his wetland consultant, addressing the criteria in Section 12.02 of the Land Development
Regulations. The South Burlington Development Review Board held a public meeting on
the proposed project on December 2, 2003, which was continued until January 20, 2004
to give the applicant sufficient time to submit additional materials. Michael Dumont and
James Carris represented the applicant.
Based on testimony given at the above mentioned public meeting and on the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes and decides as follows:
FINDINGS OF FACT
The applicants are requesting approval to construct a single family dwelling that
will result in an encroachment into the required 50' buffer of a Class II wetland,
which abuts the Potash Brook.
2. The subject property contains approximately 0.3 acres and is located at 7
Beechwood Lane.
The subject property was approved as a building lot by the South Burlington
Planning Commission on January 11, 1967, thus "grandfathering" the property
from the Vermont State Enacted Wetland Statutes' requirement of maintaining a
50' buffer around wetlands.
DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
R4 Zoning District
Required
Proposed
Min. Lot Size
9,500 SF
12,865 SF
Max. Building Coverage
20%
16.67%
Max. Overall Coverage
40%
25.95%
4 Min. Front Setback
30 ft.
30 ft.
4 Min. Side Setback
10 ft.
10 ft.
4 Min. Rear Setback
30 ft.
>30 ft.
Max. Building Height
40 ft.
30 ft.
zoning compliance
The Natural Resources Committee reviewed the subject application at its meetings on
October 9, 2003 and November 6, 2003. They recommended approval subject to the
seven (7) conditions listed in #3 of the "Decision" section of this document.
During its review of the subject application on December 2, 2003, the Development
Review Board expressed concern about the grading on the lot. In order to get a better
sense of how the development of the proposed project would relate to the site and to
better understand how stormwater would move on the site, the Development Review
Board requested that the applicant submit revised plans that included detailed contour
lines of the property.
DECISION
Motion by Mark Boucher seconded by Chuck Bolton, to approve Miscellaneous
application #MS-03-05, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended
herein.
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 South Burlington Natural Resources
Committee, which are as follows:
a. no mowing shall be allowed in the back yard of the property;
b. gutters shall be installed on the roof to direct stormwater towards the road;
c. no development shall encroach into the wetlands themselves;
d. all disturbed earth shall be stabilized, seeded, and mulched;
e. any vegetation in the wetland or the associated wetland buffer shall not be
removed;
£ no earthwork shall occur within the wetland;
g. the six (6) conditions listed above shall be included in the deed to be passed
onto future property owners.
4. The house shall not have a rear basement access.
5. The post construction plan shall be revised to show the proposed house at least 5' from
southerly boundary line. Three copies must be submitted and approved by the
Administrative Officer.
6. The applicant shall obtain a zoning permit within six (6) months.
7. Any changes to the site plan shall require approval of the South Burlington
Development Review Board.
Chuck Bolton—yea/nay/abstain/not present
Mark Boucher yea/nay/abstain/not present
John Dinklage—yea/nay/abstain/ not present
Roger Farley —yea/nay/abstain/not present
Michele Kupersmith—yea/nay/abstain/not present
Larry Kupferman —yea/nay/abstain/not present
Gayle Quimby —yea/nay/abstain/not present
Motion passed by a vote of 6-0-0.
Signed this day of February, 2004, by
'I-IJohn Lge, Chair
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