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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 3