HomeMy WebLinkAboutMS-04-04 - Decision - 0019 Pinnacle DriveCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
FRED PEET - 19 PINNACLE DRIVE
MISCELLANEOUS APPLICATION #MS-04-04
FINDINGS of FACT AND DECISION
Fred Peet, hereinafter referred to as the applicant, is seeking miscellaneous approval
under Section 3.12 of the South Burlington Land Development Regulations to alter the
grade by placing more than 20 cubic yards of fill on the property, 19 Pinnacle Drive. The
Development Review Board held a public hearing on January 18, 2005. The applicant
was present at the meeting.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS of FACT
The applicant is seeking miscellaneous approval under Section 3.12 of the South
Burlington Land Development Regulations to alter the grade by placing more
than 20 cubic yards of fill on the property, 19 Pinnacle Drive.
2. The property is located in the Southeast Quadrant (SEQ) Zoning District.
3. The owner of record of the subject property is Fred Peet.
4. The plans consist of a plan entitled, "Fred V. Peet 19 Pinnacle Drive South
Burlington, Vermont Site Plan", prepared by W. Bradford Ramsey, P.E., dated
Nov, 2004.
It has recently been discovered that the applicant had filled the area around their home
without approval or a permit. The applicant was placed in violation and this application
is to correct that violation.
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 November 11, 2004, which shows the pre-existing
grade and the existing grade. These plans are sufficient to satisfy this requirement.
However, the applicant did not indicate how much fill was added to the subject property.
(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.
This requirement is not applicable to the subject application.
(c) Provision of a suitable bond or other security adequate to assure compliance
with the provisions of this Section.
This requirement is not applicable to 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.
/ DECISION D D /AA , I
Motion by G A r! !�/irl seconded by A � 1 4��/� /�/
to approve Mis ellaneous Applic tion #MS-04-04 of Fred P et, 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
and Zoning.
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3. The applicant shall submit documentation indicating the amount of fill that was added
to the subject property, prior to issuance of a zoning permit.
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 plan shall require approval by the South Burlington Development
Review Board.
Chuck Bolton — yea/nay/abstain of prese
Mark Boucher — yea/nay/abstain no resent
John Dinklage ea ay/abstain/not present
Roger Farley — ye nay/a stain/not present
Michele KupersWea
ay/abstain/not present
Larry Kupfermanabstain/not present
Gayle Quimby —stain/not present
Motion carried by a vote of
Signed this iiday of January, 2005 by
r'k"'t
'John Dinklage, dhair
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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