Loading...
HomeMy WebLinkAboutMS-03-05 - Supplemental - 0007 Beechwood Laner I DEVELOPMENT REVIEW BOARD 2 DECEMBER 2003 Mr. Kupferman asked if the homeowners association will maintain the pond as it is. Mr. McClellan said the intent is to lower the level and keep it as a storage pond. Mr. Gage, who lives to the east of the project said there is a flow from the pond down the north side of his property line. There will be a change in overland flow, and he is concerned with changing the height of the pond as wildlife may be affected. He asked why it is being done. Mr. McClellan said to create more storage at the surface. The well that feeds the pond will be shut off. The pond will become more of a stormwater pond. Mr. Gage said there will be more fluctuation in the pond if they do that. Mr. McClellan didn't think so. Mr. Gage also noted the entrance onto Van Sickley Rd. is an issue because there are so many close calls in that area. He asked where the entrance is. Mr. McClellan said it is after where the road evens out and starts to come up again. Mr. Gage noted the road has become an unfriendly place to be. You can't walk or bike there. He felt it will be hazardous. Mr. Dinklage said residents should keep reporting incidents to the police. Mr. Gage said clearly Muddy Brook has been altered by the Snyder project. He felt it needs to be looked at. Mr. Gage also noted they have a well and he wants an assurance it will not be altered by this project. Mr. McClellan said they are not injecting anything into the sub -surface. Chances of surface water getting into the well are very slim. Mr. Belair asked if there will be blasting. Mr. McClellan said maybe. Mr. Belair said that can affect a well. Mr. Gage said he wanted assurance that the applicant will solve any problem they are involved in creating. Mr. McClellan said they would solve any problems. Ms. Quimby moved to approve Final Plat application #SD-03-73 of A&M Construction Corp. subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. 6. Miscellaneous application #MS-03-05 of James Carris to encroach into a Class II wetland buffer with a single family dwelling, 7 Beechwood Lane: Mr. Carris said they want to build a retirement house as the last home on Beechwood Lane. He referred to letters from Cathy O'Brien saying there would be minimal impact to the wetland and also minutes of the Natural Resources Committee outlining a stipulation. Mr. Dinklage asked if any fill will be required. Mr. Carris said no. Mr. Belair suggested a "before and after" contour plan. Mr. Carris said he will do that. Mr. Kupferman was concerned with putting houses in buffers. He asked if can be moved closer to the road and not require the setback. Mr. Belair said a variance would be required, but they might meet the criteria. M DEVELOPMENT REVIEW BOARD 2 DECEMBER 2003 Mr. Bolton was concerned with setting a precedent and also with documenting where the wetland starts. He felt the proposed house is in the wetland, not the buffer. He suggested some engineering expertise on the city's behalf. Mr. Dinklage suggested the applicant apply for a variance. He also encouraged members to go by and look at the site. Ms. Quimby moved to continue the application to 20 January 2004. Mr. Boucher seconded. Motion passed unanimously. 7. Site pLan application #SP-o3-45 of JCK Investments LLC, for outside storage and distribution use,14 Lime Rock Road: Mr. McClellan said this is an existing vacant lot. They are turning a storage lot into a better storage lot and will upgrade it. No issues were raised. Mr. Boucher moved to approve site plan application #SP-03-45 of JCK Investments per the draft motion. Ms. Quimby seconded. Motion passed unanimously. 8. Public Nearing: Conditional Use Application #CU-02-17 of RCC Atlantic, Inc., seeking conditional use approval under section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to allow the replacement of a 90 foot communications tower with a 100 food monopole tower, 2026 Williston Road: and 9. Site Plan Application #SP-03-44 of RCC Atlantic, Inc., to amend a site plan for a 2,605 sq. ft. general office building and 90 foot communications tower. The amendment consists of: 1) replacing the 90 foot lattice tower with a 100 foot monopole tower, and 2) construction of a 12'x20' prefabricated equipment shelter to replace the existing Cell -On - Wheels and the white communications hut, 2026 Williston Rd: Mr. Dodge said they will move some of RCC's antennas to the top of the tower. They will replace the equipment shed with a permanent shed surrounded by a chain link fence. This will improve RCC's coverage in the area. Regarding the dumpster, they propose to put the dumpster in the equipment compound. Antennas will be flush -mounted against the pole so there will be a negligible visual impact. -7— CaJZVe(-,C. k�,C-Q DEVELOPMENT REVIEW BOARD 20 JANUARY 2004 Mr. Penniman noted that UVM had a meeting with neighbors and the City Manager last week. The main issue is traffic calming on that part of Spear St. A plan was worked out with neighbors regarding striped crosswalks. UVM is committed to participate in the design and building of those crosswalks. The three crosswalks would be at Quarry Hill, just south of the south drive (where the pedestrian/bikeway is), and on the south side of the northerly entrance drive. Mr. Penniman requested a change in the wording of Stipulation 3d to give UVM time for designing the crosswalks and meeting with neighbors. Stipulation 3d was amended to include the phrase "prior to permit issuance." Mr. Bolton said he would like UVM to work with neighbors on sidewalk issues as well. Ms. Quest asked when the crosswalks would go in. Mr. Penniman said they want to file the plat as soon as possible, so they would put the crosswalks in this season. Ms. Kupersmith said she was concerned with the substantial change in the setback. Mr. Penniman noted it is going to be 60 ft. from the property line, 90 ft. from the center line of Spear St. Ms. Kupersmith was concerned with the impact of this on the neighbors. Mr. Towsley said he lives between the 2 entrances and the trade-off for him that is most important is the reduction in traffic. Mr. Boucher then moved to approve Final Plat Application #SD-03-81 of The University of Vermont subject to the stipulations in the draft motion as amended above. Mr. Bolton seconded. Motion passed unanimously. finued Miscellaneous application #MS-03-05 of James Carris to encroach into a Class II wetland buffer with a single-family dwelling, 7 Beechwood Lane: Mr. Carris noted he has moved the location of the house which is now not in compliance with the setback. He noted he will own the adjacent property. It was noted that acquiring an adjacent parcel that doesn't meet lot size requirements will result in the two properties being merged. Mr. Belair noted that the DRB can allow a smaller side yard setback. If they move it to 5 ft., they won't have to come back to the Board. -4- DEVELOPMENT REVIEW BOARD 20 JANUARY 2004 Mr. Dinklage suggested the Board agree to a 5 ft. side setback and then have staff work out the legal conditions so it can become 3 ft. Members agreed to eliminate condition " P. Stipulation #4 was added as follows: The house shall not have a rear basement access. Stipulation #5 was added as follows: The post -construction plan shall be revised to show the proposed house at least 5 feet from the south boundary line. Three copies of the plan shall be submitted. Original stipulation 44 becomes #6. Mr. Boucher moved to approve Miscellaneous Application #MS-03-05 of James Cams subject to the stipulations in the draft motion as amended above. Mr. Bolton seconded. Motion passed unanimously. 6. Sketch Plan Application #SD-03-82 of the City of South Burlington to amend a planned unit development consisting of a 500,000 gallon water storage tank. The amendment consists of adding a seconded 500,000 water storage tank, 23 Harbor Ridge Road: Mr. Elliott asked if they can combine preliminary and final plats. Mr. Dinklage said this can be done at the applicant's risk. Mr. Elliott noted they are requesting a height waiver. The new tank will be the same height as the existing tank. No other issues were raised. 7. Sketch Plan Application #SD-03-83 of the City of South Burlington to amend a planned unit development consisting of a 115 ft. high 1,500,000 gallon water storage tank. The amendment consists of expanding the water tank to 2,100,000 gallons and increasing the height to 150.5 ft., 1215 Dorset Street: Mr. Elliott noted there had been a concern expressed with aesthetics. He noted that no one can see over the tank at this time. They will raise it from the bottom and the new part of the tank will be on the bottom. It will not restrict views any more than now. -5- I CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO: South Burlington Development Review Board FROM. Brian Robertson, Associate Planner DATE: January 16, 2004 #MS-03-05 Development Review Board Meeting Date: January 20, 2004 James and Diana Canis, 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. This document is enclosed. Staff notes that 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. A letter from the Water Quality Division of the Department of Environmental Conservation is enclosed. The subject applicant was reviewed by the Development Review Board on December 2, 2003 (minutes enclosed), but was continued until January 20, 2004 to allow the applicant to submit additional information. DISTRICT & DIMENSIONAL REQUIREMENTS Table L Dimensional Re uirements IO Zoning District Required Pro sed Min. Lot Size 9,500 SF 12,865 SF Max. Building Coverage 20% 16.67% Max. Overall Coverage 40% 25.95% Min. Front Setback 30 ft. 30 ft. Min. Side Setback 10 ft. 10 ft. 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 meeting on October 9, 2003 and November 6, 2003 (minutes enclosed). They recommended approval subject to the following conditions: 1. no mowing shall be allowed in the back yard of the property; 2. gutters shall be installed on the roof to direct stormwater towards the road; 3. no development shall encroach into the wetlands themselves; 4. all disturbed earth shall be stabilized, seeded, and mulched; 5. any vegetation in the wetland or the associated wetland buffer shall not be removed; 6. no earthwork shall occur within the wetland or the associated buffer; 7. the six (6) conditions listed above shall be included in the deed to be passed on to future property owners. 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 include detailed contour lines of the property. The applicant is in the process of revising the plans to show adequate contour lines and they will be presented to the Development Review Board and staff at the meeting on January 20, 2004. RECOMMENDATION Staff recommends the Development Review Board approve Miscellaneous Application #MS-03-05, conditional upon the applicant complying with the Natural Resources Committee's recommendations #1-7 above. Respectfully Submitted, Brian Robertson, Associate Planner 2 \ i CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number 6rV - a APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. Type of application check one: ( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) ( ) Request for a conditional use ( ) Request for a variance ma PROVISION OF ZONING ORPINANCE IN QUESTION (IF ANY) _ZT SERYATiON14 0—PAR SPA z DIsTRIGr p) RIL4NORy 52RMATWN Of t R6ATED 14v 3,106 WHAT ACTION OF THE ADMINIST AT�vE OFFICER ARE YOU APPEALING? 6 P mir DENIAL REsaLrANf ,KAAtrmum NT Noom SIDE SEr_-&cK Rf_Qt.11REMENT 00 HWPASCO 57acruRE rNCROACNMFFIr Upm THE 5-6&. WE LAAtD SUArER CR[prED VIA ,AXIMLE 3.104 C0 pfSfKwrz-OK 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) /X/GN"L )Q aMoArr 2) LOCATION OF LAST RECORDED DEED (Book and page #) 1(oc 141yt 4JY11 ZOAeE 88--90 3) APPLICANT (Name, mailing address, phone and fax # 4) CONTACT PERSON (Name, mailing address, phone and fax #) hlldUAEc DUM -30 0'RR1rN DR1111r_ <6. RiAR L I NftTntJ ✓r i2-!rYD.3 (80A) BLS— X,5 5) PROJECT STREET ADDRESS: S'.,,vAivv/,-w .4.gr SuA-Di 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 1430 — 00 0 / ? 1W.20 ►vf- 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) A C,qw UN ! td PEE Burt DING COT b) Proposed Uses on property (include description and size of each new use and existing uses to remain) S`j Na4 E P'--A�' nm jj. y REAwffAt5,r c) Total building square footage on property (proposed buildings and existing buildings to remain) d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) "1 V STORY kyt4r c AyPRorKi/►1gfaY 30fr Mam WTN R ryu 1R'VR1K e) Number of residential units (if applicable, new units and existing units to remain) QNE .5sN6L f FA UY RES1 DENT f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) /VDT LE g) Other (list any other information pertinent to this please note if Overlay Districts are applicable): 7- gan-D/KC for BY THE S'a.fN B4jA1,WCZ0, p 'ISAAm n rATH CRJA901T F40m rZoWaWT SrWrg of M,4j q r.41MM C- 4 Sid Ft, &406FtR 091,4 8) LOT COVERAGE not specifically requested above, rlaNfp AS !}/V RPfty✓ED &A/ 9,'aN4t40ZY Z l ?4 9 D STnruzs R eoai eirm ur e4xnam 10 w e A 1 o r )-AND ARAW. a) Building: Existing O % Proposed ;;, G 7 % Ale, 7 /r' b) Overall (building, parking, outside storage, etc) Existing_% Proposed 2 s 1g r % c) Front yard (along each street) Existing_% ProposedIV,4_% (does not apply to residential uses) 9 9) COST ESTIMATES a) Building (including interior renovations) b) Landscaping: $ 7-'9 D c) Other site improvements (please list with cost): r B (% 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): %V R b) A.M. Peak hour for entire property (in and out): /� p c) P.M. Peak hour for entire property (In and out): N14 11) PEAK HOURS OF OPERATION: N,q 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE U t�,A 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). KeV►N & 1<P,ISTJ;,N 1 09huE ✓� B,�r�cN t✓0o p (..yNE So. BURLMC TON, Y r 05W03 Ro Dim- 9 k,nu R Errf Du r►rn oNr 30 0lge irw DR, 50. $u R U4 6TO N, VT O S'y03 G►TY 0jr 5OUTH BuRLrNGT''0N S-iS" Doxs,rr 5ro rt r So . $uRL. iNcTm , Vr 0sy03 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my k7:: ze. SIGNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: ! L� REVIEW AUTHORITY: evelopment Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: ❑ omplete ❑Incomplete il 0 t q fi d Directo f Ylhr&ng & Zoning or Designee bate A r State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conervation State Geologist RELAY SERVICES FOR HEARING IMPAIRED 1-800-253-0191 TDD>VoicE 1-800-253-0195 VOICE>TDD June 16, 2004 Carol Obuchowski, Esquire 370 Longmeadow Drive Shelburne,-v ermertc Dear Carol: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, Vermont 05452 Telephone (802) 879-5656 Subject: James B. Carris and Diana M. Cams; Merging of Two Pre -Existing Lots in the City of South Burlington, Vermont. I reviewed the information you provided me regarding the merging of two lots into one for the purposes of constructing one single-family residence. You explained that the lots are contiguous and each lot is considered a pre-existing lot as defined by the Environmental Protection Rules, Chapter 1, Subchapter 2 - Definitions. The merging of the two contiguous pre-existing lots to Icreate one lot on which to construct one single family residence will continue to be recognized as an exempt lot as defined by the Environmental Protection Rules, Subchapter 4, Section 1-403. Therefore, no permits are required from this office provided construction of the residence occurs prior to July 1, 2007. Please note that certifications of design and installation of the water and wastewater disposal systems shall be required should construction occur after November 1, 2004 as explained by Section 1-403(a)(3) of the Rules. Further, a permit by this office may be required should the landowner decide to re -subdivide the property even into their original forms. Finally, this decision does not relieve the landowner from obtaining all appropriate permits and approvals administered by the City of South Burlington. Please contact me should you have any questions. Sincerely, Ernest Christianson Regional Engineer C City of South Burlington -' is ,f;o1rl/Ct .Inhnshury State of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conervation State Geologist RELAY SERVICES FOR HEARING IMPAIRED 1-800-253-0191 TDD>VOICE 1-800-253-0195 VOICE>TDD May 26, 2004 Carol Obuchowski, Esquire 370 Longmeadow Drive Shelburne, Vermont 05482 Dear Carol: Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, Vermont 05452 Telephone (802) 879-5656 Subject: Merging of Two Pre -Existing Lots in the City of South Burlington, Vermont. I reviewed the information you provided me regarding the merging of two lots into one for the purposes of constructing one single-family residence. You explained that the lots are contiguous and each lot is considered a pre-existing lot as defined by the Environmental Protection Rules, Chapter 1, Subchapter 2 - Definitions. The merging of the two contiguous pre-existing lots to create one lot on which to construct one single family residence will continue to be recognized as an exempt lot as defined by the Environmental Protection Rules, Subchapter 4, Section 1-403. Therefore, no permits are required from this office provided construction of the residence occurs prior to July 1, 2007. Please note that certifications of design and installation of the water and wastewater disposal systems shall be required should construction occur after November 1, 2004 as explained by Section 1-403(a)(3) of the Rules. Further, a permit by this office may be required should the landowner decide to re -subdivide the property even into their original forms. Finally, this decision does not relieve the landowner from obtaining all appropriate permits and approvals administered by the City of South Burlington. Please contact me should you have any questions. Sincerely, v,� Ernest Christianson Regional Engineer C City of South Burlington Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury ro CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 4, 2004 Michael Dumont 30 O'Brien Drive South Burlington, VT 05403 Re: Miscellaneous Application 4MS-03-05 Dear Mr. Dumont: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on January 20, 2004 (effective 2/3/04). Please note the conditions of approval, including that the applicant must obtain a zoning permit within six (6) months of this approval or this approval is null and void. If you have any questions, please contact me. Sincerely, Brian Robertson, Associate Planner Encl. Cathy O'Brien Wetland Consulting 839 Oak Hill Road, Williston, VT 05495 (802) 878-6022 October 28, 2003 Development Review Board City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Dumont Property Buffer Zone Encroachment Analysis, South Burlington Dear Board Members: I am working for Mike Dumont on the Sunnyview-East Subdivision off of Hinesburg Road in South Burlington. Mike is currently completing the final phase of an old project. The South Burlington Planning Commission approved the Sunnyview-East subdivision on February 10, 1967. They approved 50 lots along four new roads (see attached signed site plans). Lots 45 through 50 were not approved at that time. Houses were built on all of the approved lots but seven during the 60's and 70's. Lot 19, 39 through 44 and 51 and the southern portion of Southview Drive were not built. The Dumonts began instead to build a subdivision on the opposite side of Hinesburg Road called Sunnyview-East II. Their intention was that the Dumont children would each get one of the remaining lots in Sunnyview-East. Once the Sunnyview-East II project was completed, the Dumonts wanted to finish Sunnyview-East. Mike began working on the remainder of the project, in accordance with the previously approved plan, during the building season on 2000. Mike would now like to sell Lot 20 of the subdivision, located on the corner of Beechwood Lane. In the attached 1974 aerial photograph, Beechwood Lane and Southview Drive are apparent. The house on the adjacent lot 19 is shown as well. Lot 20 of the subdivision backs up to a wetland complex adjacent to Potash Brook (see attached copy of the approved subdivision plan and National Wetlands Inventory map). There will be no wetland encroachments from the development of lot 20. 1 have flagged the wetland boundary on this lot and a house can be constructed on the lot that totally avoids this wetland. Because there are no wetland impacts, the project will not need to obtain a permit from the U.S. Army Corps of Engineers under the federal wetland regulations. Although this wetland is mapped on the National Wetlands Inventory map and is therefore a Class Two wetland under the Vermont Wetland Rules, the State has agreed that no state wetland permit (called a Conditional Use Determination) would be required for work within the 50 foot buffer zone of this wetland because the project is grandfathered from the Vermont Wetland Rules (see attached letter from the State Wetlands Office). This project does not fall within the jurisdiction of the Vermont Wetland Rules since it had received all necessary permits long before the effective date of the Wetland Rules and substantial construction commenced prior to 1992 (Section 1.1(2) of the Vermont Wetland Rules). Therefore, construction of a portion of the house on lot 20 within the buffer zone does not require obtaining a Conditional Use Determination from the State of Vermont. Wetland Description The wetland is a mix of emergent and shrubby vegetation, classified as a Palustrine Scrub/Shrub/Emergent wetland (PSS/EM1C) by the Cowardin Wetland Classification system. It is dominated by willow shrubs, elm saplings, reed canary grass, purple loosestrife, cattails, Joe pye weed, and wooly bullrush. Purple loosestrife, a non-native invasive species, is now one of the most prolific plants in the marsh. Several trees of varying sizes occur on the bank on the back of lot 20 and along the bottom the bank including red maples, hemlocks, elms, yellow birch and honeysuckle. The soils are a Limerick silt loam with the wetland and an Adams and Windsor loam sand in the buffer zone (although portion of the buffer zone were regraded back in the 70's during the construction of the roads). The functions of this wetland include water quality treatment, erosion control, flood storage, wildlife habitat and open space and aesthetics. Section 12.02 E (3) Buffer Zone Encroachment As stated above, this project has been designed to avoid any wetland encroachment. The following discussion is an analysis of the impacts from the proposed buffer zone encroachments. E (3)(a) While the wetland provides the ability to carry or store flood waters at a significant level, the buffer zone does not provide this function. The buffer zone slopes up sharply from the edge of the wetland. The hydrology in the wetland is seasonally flooded and saturated during the rest of the growing season. The buffer zone itself, however, does not become flooded given the slope. There will be no alterations to the bank in any case, the house and all associated construction, will occur on the flat area at the top of the bank, where it is approximately 10 feet higher in elevation than the wetland. The buffer zone encroachment, therefore, will not adversely affect the ability of the property to carry of store flood waters adequately. E (3)(b) The wetland on this property does provide water quality treatment of stormwater entering into it. Wetlands have several attributes that give them the ability to provide water quality treatment. They have been shown to remove organic and inorganic nutrients and toxic materials from water that flows across them. These processes occur within the wetlands themselves, due to the alternating anaerobic and aerobic conditions (the wet and dry cycles). Anaerobic conditions do not exist in the buffer zone, so the same chemical processes do not take place in the buffer zone, as they do within the wetland. As previously stated, there will be no disturbances of the wetlands on this property. Non -wetland areas can also provide treatment of stormwater, such as by grass lined swales, either natural or man-made, and by overland flow through dense vegetation. Lot 20 does not have these conditions. When the road construction occurred for this project in the 70's, lot 20 was heavily disturbed. It now consists of a cleared flat area with a fairly steep bank down to the wetland. The stormwater from the remainder of the subdivision goes through the stormwater system previously designed and approved. The only stormwater entering the wetland from this lot is from the precipitation that directly falls on just this lot. Once the lot is developed, all disturbed earth will be stabilized, seeded and mulched (the bank itself is already stabilized) and less sediments will flow into the wetland than has occurred for the last 30 years. In summary, the buffer zone does not provide effective water quality treatment and the proposed encroachment will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation. The Development Review Board could impose conditions on the development of this lot that require all disturbed earth to be seeded and heavily mulched immediately following final grading to ensure that there will be no sedimentation from the site and that prohibit the clearing of woody vegetation within the wetland or on the bank, unless such vegetation provides a risk to human health or property or mowing within the wetland. E (3)(c). As stated above, the functions and values associated with this wetland include water quality treatment, flood storage, erosion control, wildlife habitat, open space and aesthetics and recreation. The wetland functions and values of flood storage and water quality treatment have already been discussed above. These are functions that occur within the wetland itself and do not occur within the buffer zone. The construction of a house at the top of the bank will have no affect on the wetland's ability to continue to perform these functions. The wetland provides wildlife habitat for a variety of species. Potash Brook and its adjacent wetlands provide a wildlife corridor. Unfortunately, numerous encroachments have occurred in the past that diminish this habitat, including the direct loss of habitat through filling, draining, grading and sedimentation and indirect impacts. There has been a change of vegetation due to these encroachments, including the introduction of purple loosestrife that is now a dominant plant species in this wetland. Purple loosestrife does not have value for wildlife and it out -competes native species of vegetation that do have wildlife value. As a result of these encroachments, the species of wildlife utilizing this corridor are those species that have adapted to human encroachments or that use the areas that have not been encroached upon. The proposed buffer encroachment will have minimal additional impact on the wildlife habitat because the area in which it occurs has been so degraded already. The additional noise and indirect impacts from one additional house, within an existing residential neighborhood will be very slight. There will be no additional loss of wetland habitat from this proposal and no substantial regrading necessary. No earthworkwork is needed on the bank, this area has been stabilized, seeded and mulched in the past. The prohibition of clearing of woody vegetation discussed in (b) above will provide screening and cover for any wildlife utilizing the area. Therefore there will be no significant adverse impacts to the wildlife habitat from this proposal. The wetland is significant for providing erosion control. The dense emergent vegetation along the banks of Potash Brook help to stabilize the soils and prevent them from eroding. No earthwork will occur within the wetland or anywhere near the brook. As stated above, the grading on lot 20 has been done. The bank is stabilized. No significant earthwork is needed. Therefore there will be no adverse impacts to the erosion control function. The wetland is significant for open space and aesthetics. Nothing in this proposal will alter that function, since the wetland will remain undisturbed. The wetland will continue to be open space and as stated above, there will be no impacts to the wetland. As proposed, no woody vegetation will be cleared, which currently helps screen the adjacent housing project to the west of the wetland. As the trees continue to grow, they will provide greater screening. The wetland can still be easily viewed from Beechwood Land between lots 19 and 20, from the south side of lot 20 and from the end of Southview Drive. Therefore, there will not be adverse impacts to the open space and aesthetics function. In conclusion, the proposed buffer zone encroachment will have minimal adverse affects on the functions and values of the wetland, given the past disturbances and the minimal proposed encroachment. Please call me if you have questions or comments on any of the information in this letter. Sincerely, Cathy O'Brien Cathy O'Brien Wetland Consulting enc: Subdivision map NWI map 1974 black and white aerial photo Letter from the Vermont Wetlands Office State of Vermont �l AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD Water Quality Division 103 South Main Street Building 10 North Waterbury, VT 05671-0408 802-241-3770 September 14, 2000 Cathy O'Brien P.O. Box 533 Williston, VT 05495 RE: Dumont Violation Wetlands Project Number 2000-175 Dear Cathy: Thank you for meeting with me today to discuss the above referenced project. If all fill is removed from wetland areas, then since your client will not need a federal section 404 permit, this project would be considered grandfathered pursuant to Section 1.1 of the Vermont Wetland Rules. The Agency would not require a Conditional Use Determination for areas of the wetland's 50-foot buffer zone that they have filled, in accordance with the previously approved subdivision plan. If you have, any further questions do not hesitate to contact me. Sincerely 2/eter E. Keibel District Wetlands Ecologist 100% Processed Chlorine Free Regional Offices - Barre/Essex Jct,/Pittsford/Rutland/Springfield/St Johnsbury f Page 1 of 1 From: "James Pease" <jim.pease@anr.state_.vt.us> To: RJBelairVJuno.com Cc: April Moulaert <april.moulaert@anr.state.vt.us> Date: Mon, 01 Dec 2003 10:57:48 -0500 Subject: 7 Beechwood Lane variance request Ray: DEC Water Quality would be very concerned about a variance on the buffer of Potash Brook off of 7 Beechwood Lane. As you know none of this residential area south of Southview Drive was subject to environmental review. There is minimal setback from the city road from the wetlands and Potash Brook; none of the property was designed with stormwater controls. There was also a wetland violation in 2000 by the developer. The Mayfair Park wetland complex is a very important ecological component of the Potash Brook watershed. It is unfortunate that the development has encroached to the extent already allowed and further encroachment should be absolutely minimized. Jim James Pease Water Quality Division Stormwater Management Section 10 North Building 103 S. Main St. Waterbury, VT USA 05671-0408 (802) 241-2683 Fax (802) 241-3287 jim.pease@anr.state.vt.us junomsg://05A3A330/ 12/1/03 CITY OF SOUTH BURLINGTON NATURAL RESOURCES COMMITTEE MINUTES OF OCTOBER 9, 2003 The South Burlington Natural Resources Committee met on Thursday, October 9, 2003 at 6:00 P.M. Members Present. Lani Ravin, Peter Jones, Chris Shaw, Bill Shuele, and Elaine O'Grady. Others Present: Michael Dumont, James Carris Clerk Chris Shaw called the meeting to order with a quorum of committee members present at approximately 6:10 P.M. Minutes: The minutes from the August 6, 2003 and September 8, 2003 meetings were discussed amongst the present members. A motion was made and seconded to approve both sets of minutes. They were approved with a unanimous vote. Cams Application, Beechwood Lane: Mr. Cams explained why he wanted the property and what he had planned with it. He wanted to build a one bedroom cape style dwelling as a retirement home. He explained that he was the applicant and Michael was the land owner. The sale was conditional upon approval from the NRC and DRB. Michael explained the wetlands in the area and the history of the land. Brian explained that the property was not within the 100' buffer zone of the Potash Brook, thus the applicant only had to comply with Section 12.02 of the LDR's. Chris asked if any buffer would exist on the property. Mr. Carris said that no back yard buffer would exist between the lot and the wetlands, but he did not intend to mow the yard and wanted to keep the entire backyard natural and untouched. He stated that bird watching was a big reason he wanted the property. Lani asked if the applicant was planning on using any fill to grade the site before development. Michael said no and they were planning to build a foundation with a walk -out basement. Lani expressed concern that there would be no buffer on the lot. Elaine asked how one could ensure that the next landowners would comply with the not mowing back yard. Mr. Canis said he hadn't thought about that. Bill stated that was important for the "no mow" condition be disclosed to future landowners. Michael explained that the original subdivision was approved in the 1960's for 8 lots. The subject lot was the last lot available for development. Mr. Cams attempted to explain how they met the criteria in Section 12.02(E)(3) of the LDR's. He said that he wasn't clear on what the question was asking. Lani explained how wetlands 1 City of South Burlington Natural Resources Committee Minutes of October 9, 2003 Page 2 of 2 and wetland buffers control stormwater and explained that we wanted the applicant to demonstrate that these functions will not be significantly affected by the proposed development. Mr. Carris said that the State had reviewed the property and had no concerns about the propose development. Michael concurred. Mr. Cams explained that the terrain of the property would cause the stormwater to run to the road to the stormwater system and gutters would direct stormwater from roof to the road. Brian suggested having the applicant's wetland expert, Cathy O'Brien, submit responses to the Wetland criteria in Section 12.02 of the LDR's. He thought this would give the Committee some more factual information to make a decision. Lani agreed that this would help foster a careful decision. Because the applicant has to go in front of the DRB, a hearing with the NRC on November 6, 2003 would not hold up the approval process. Thus the Committee and the applicant felt it would be a good idea. The potential conditions to be forwarded to the DRB at this point are: 1. no mowing in the back yard of the property. 2. gutters must be installed on the roof to direct stormwater towards the road. 3. a deed to pass on conditions to future property owners. Voice for Potash Brook: Lani said that we needed to discuss how the Committee wanted to leave the request from Fred Koznisky for $1,000 of funding from the NRC's budget to assist with printing costs of the "Safe Lawn Campaign." Lani stated that the NRC has already given Fred $500 and wanted to wait until here were more members present to decide on the other $500. Chris suggested holding off on the second installment of $500 until we have a better idea of other potential uses of the funds. He suggested having Fred submit a progress report in a few months to indicate how the project was actually working. Then we could make a decision on whether or not to give Fred the additional funding. Vermont Watershed Grants Application: Lani suggested the NRC consider applying for a project that could be funded under this grant from the Vermont Agency of Natural Resources. Brian had to leave the meeting at 7:45, and was not present for this discussion or the suggestions resulting from it. Thus, there are not minutes to cover this discussion. The next meeting was set for Thursday, November 6 at 7.00 P.M. at the South Burlington City Hall. Respectfully Submitted, Brian Robertson, Associate Planner \nrc\min\100903. min.doc City of South Burlington Natural Resources Committee Minutes of November 6, 2003 Page 2 of 3 Elaine asked what the draft policy meant by not using the "most expedient solution". Craig said that meant they would weight their options to address situations, assessing all reasonable opportunities to control pests. Chris asked who would develop the site -specific building and landscape maintenance plans. Chuck said that would be the responsibility of the Department of Public Works. The NRC helped to re -worded Section IV and V of the draft policy to make it read more concisely and clear. Chris asked where the 72 hour time frame came from in the draft policy, where its states that abutting landowners will be notified 72 hours prior to the application of pesticides. Fred said it came from other ordinances and policies that were currently in effect. Peter asked how much the City spent on pesticide applications per year. Craig said that they used 1 container of Round -up the entire year so pesticide expenses were minimal. Lani suggested adding language to emphasize the restriction of pesticides in wetlands or wetland buffers, and bodies of water. Z A' of NkAmAll0lummo w James introduced himself and Michael and stated that this was just a continuation of his application. He stated that he brought the document from Cathy O'Brien addressing the regulations in Section 12.02 of the Land Development Regulations. Lani suggested keeping the conditions developed at the 10/9/03 meeting and adding the suggestions of Cathy O'Brien. Chris motioned to approve the project with the following 7 conditions: 1. no mowing shall be allowed in the back yard of the property; 2. gutters shall be installed on the roof to direct stormwater towards the road; 3. no development shall encroach into the wetlands themselves; 4. all disturbed earth shall be stabilized, seeded, and mulched; 5. any vegetation in the wetland or the associated wetland buffer shall not be removed; 6. no earthwork shall occur within the wetland or the associated buffer; 7. the six (6) conditions listed above shall be included in the deed to be passed on to future property owners. Lani seconded and the motion passed unanimously 5-0. \nrc\min\110603. min.doc State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800.253-0191 TDD>Voice 1-800-253-0195 Voice>TDD September 14, 2000 Cathy O'Brien P.O. Box 533 Williston, VT 05495 RE: Dumont Violation Wetlands Project Number 2000-175 Dear Cathy: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Water Quality Division 103 South Main Street Building 10 North Waterbury, VT 05671-0408 802-241-3770 Thank you for meeting with me today to discuss the above referenced project. If all fill is removed from wetland areas, then since your client will not need a federal section 404 permit, this project would be considered grandfathered pursuant to Section 1.1 of the Vermont Wetland Rules. The Agency would not require a Conditional Use Determination for areas of the wetland's 50-foot buffer zone that they have filled, in accordance with the previously approved subdivision plan. If you have, any further questions do not hesitate to contact me. Sincerely ?eter Keibel District Wetlands Ecologist 100% Processed Chlorine Free Regional Offices - Barre/Essex Jot /Pitts ford/Ru tl an d/S pri ng field/St Johnsbury CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO. South Burlington Development Review Board FROM: Brian Robertson, Associate Planner DATE: November 24, 2003 #MS-03-05 Development Review Board Agenda #6 Meeting Date: December 2, 2003 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. This document is enclosed. Staff notes that 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. A letter from the Water Quality Division of the Department of Environmental Conservation is enclosed. DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements IO Zoning District Required Proposed 4 Mn. Lot Size 9,500 SF 12,865 SF Max. Building Coverage 20% 16.67% Max. Overall Coverage 40% 25.95% Min. Front Setback 30 ft. 30 ft. C C Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. >30 ft. 1 Max. Building Height 40 ft. 30 ft. zoning compliance The Natural Resources Committee reviewed the subject application at its meeting on October 9, 2003 and November 6, 2003 (minutes enclosed). They recommended approval subject to the following conditions: 1. no mowing shall be allowed in the back yard of the property; 2. gutters shall be installed on the roof to direct stormwater towards the road; 3. no development shall encroach into the wetlands themselves; 4. all disturbed earth shall be stabilized, seeded, and mulched; 5. any vegetation in the wetland or the associated wetland buffer shall not be removed; 6. no earthwork shall occur within the wetland or the associated buffer; 7. the six (6) conditions listed above shall be included in the deed to be passed on to future property owners. RECOMMENDATION Staff recommends the Development Review Board approve Miscellaneous Application #MS-03-05, conditional upon the applicant complying with the Natural Resources Committee's recommendations #1-7 above. Respectfully Submitted, Brian Robertson, Associate Planner 2 \�{ � . / d<� } \� 2 \ »y� } \\2 \ � d� { : » \ \ ) - �� � \: »� � \ \ � :� \: \ � � . .� . ^ . \� \ � �~ }<� � . . . . .� � _ <. . . . \ } ƒ� »� :� ± � �� : ulQM"O rRM" '011� wo MAW .#fi .oe w umn M " /r vmbw qpnm ,A09 400ow0 VV M ern M" rIMM�O Pomdfty J 3 02 ' E 000 I L_1 0 Y O O J 3 19 ►� O o � W GAS MAI 0 SET �y -�.3�02 E I = IP SET x1_1 wet 1 `� LOT 20 THE 9 FOOT CONTOUR IS THE FLOOD LAIN ELEVATION WHICH WAS m 1 2864.9± SO. FT. P❑IN ED OUT BY THE FLO❑DPLAIN Cp 0.30± AC ES ENGINEE CARL JURENTKUFF( STATE OF VT.) W e T 4 AS E SENT A LETTER TO MICHAEL 30' ETBVCK DUM NT CONFIRMING THIS ................. lb o I THE NEW WETLAND o DELINEATI❑N PLOTS I^ THE CARRIS ON TOP OF THE OLD CAPE ONE (NEW JULY 2003) 1ST FLR 01 THE SCREENED PORCH AND THE 1 103.0 o o DECK ARE BUILD WITH ENGINEERING o ) STANDARDS ATER HUT O.Oft WITH N❑THING EXTENDED TO THE FFAND SEND ❑F BOTTOM Q� GROUND ATERA OF F❑O 93,17 wet 5 2 .00' THIS �S THE OLD T- INTERSECTI❑N SET GARAGE R,❑,W, PREVI❑US TO 0 THE NEW DEDICATI❑N 28. N 83*02' W W e t 6 75.00 END OF SEWER IP SET LATERAL W T q �b <"/ � END OF o, Qa STRE�'fcu LIGHT �O �b NE' t 10 B SET 81 6 TIE-IN DISTANCE / CIO --wet 8 THIS 20" ASEMENT IS CENTERED ON A TRANSITE PIPE THAT FORPS THE SUBDIVISIONS STORM SEWER SYSTEMS DISCHARGE OUTLET FOR STORM WATER RUN-OFF, im