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HomeMy WebLinkAboutMS-18-01 - Decision - 0000 Pinnacle Drive (2)#MS-18-01 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON DEPARTMENT OF PUBLIC WORKS —PINNACLE DRIVE AND NOWLAND FARM ROAD MISCELLANEOUS APPLICATION #MS-18-01 FINDINGS OF FACT AND DECISION Miscellaneous permit application #MS-18-01 of the City of South Burlington Department of Public Works for stormwater upgrades in the Pinnacle at Spear neighborhood. The upgrades consist of replacing four (4) stormwater detention basins with two gravel wetlands, one sand filter and one detention pond as well as associated pretreatment structures, Pinnacle Drive and Nowland Farm Road. The Development Review Board held a public hearing on May 1, 2018. The applicant was represented by Dave Wheeler. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, City of South Burlington Department of Public Works, seeks to make stormwater drainage improvements to four existing stormwater detention basins and replace them with two gravel wetlands, one sand filter, and one detention pond as well as associated pretreatment structures, Pinnacle Drive and Nowland Farm Road. 2. The improvements are proposed to take place on four parcels which are owned by the Pinnacle at Spear Homeowners Association. 3. The subject parcel IDs are 1338-OOOOA, 1338-00019, and a parcel with no ID off Nowland Farm Road. 4. The application was received on April 20, 2018. 5. Parcels 1338-000OA and 1338-00019 lie within the Southeast Quadrant Neighborhood Residential District. The parcel with no ID off Nowland Farm Road lies within the Southeast Quadrant Neighborhood Residential North Zoning Districts. 6. The plans submitted consist of fourteen (14) pages prepared by Aldrich and Elliot with the first page titled "Pinnacle at Spear Stormwater Improvements Title Sheet and Index of Drawings" and dated December 2017. 3. 12 Alteration of Existing Grade The Pinnacle at Spear neighborhood's existing stormwater system consists of a closed pipe network discharging into one of four separate detention basins. These basins were constructed prior to the State's modern requirements related to the detention and treatment of stormwater. The Department #MS-18-01 of Public Works has obtained grant funding to retrofit the four basins to control stormwater runoff and remove phosphorus from Bartlett Brook, Munroe Brook, and subsequently, Lake Champlain. The Project will not require approval from the State wetlands program because upgrades to existing BMPs near wetlands is an allowed use. The Project will require a minor amendment to the Act 250 permit. The Project will require a stormwater construction general permit. The Project will not require an updated operational stormwater permit, as the Project and permit will be rolled into the City's MS4 permit coverage following the completion of the upgrade. A City permit is needed for the placing or removing of fill on land when the amount is equal to or greater than 20 cubic yards except when incidental to or in connection with the construction of a structure on the same lot. Based on the provided plans, the applicant is proposing to remove common borrow material and import engineered material to create the proposed stormwater treatment practices. Quantity estimates are not available at this time but the applicant estimates that greater than 20 cubic yards of material will be placed. Provided site plans show the soil to be removed and the material to be placed as well as the existing grade and the proposed grade created by removal or addition of material. The Board finds this criterion to be met. DECISION Motion by Matt Cota, seconded by Frank Kochman, to approve miscellaneous application #MS-18-01 of the City of South Burlington Department of Public Works, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. Any change to the plan will require approval by the South Burlington Development Review Board or Administrative Officer. 4. The applicant must 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. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Brian Sullivan Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present 2 #MS-18-01 Motion carried by a vote of 5 — 0 — 0 Signed this 2 day of May, 2018, by Bill Miller, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. S(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.