HomeMy WebLinkAboutMS-14-03 - Decision - 0911 Dorset Street#MS-14-03
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CITY OF SOUTH BURLINGTON
RIDGEWOOD DRIVE & 911 DORSET STREET
MISCELLANEOUS APPLICATION #MS-14-03
FINDINGS OF FACT AND DECISION
Miscellaneous application #MS-14-03 of the City of South Burlington for after -the -fact approval
to alter the existing grades by constructing three (3) stormwater ponds and the rehabilitation of
an existing pond, Ridgewood Drive and 911 Dorset Street.
The Development Review Board held a public hearing on April 15, 2014. Tom DiPietro
represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
associated 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 is seeking miscellaneous after -the -fact approval to alter the existing
grades by constructing three (3) stormwater ponds and the rehabilitation of an existing
pond, Ridgewood Drive and 911 Dorset Street.
2. This work was previously approved in application #MS-06-06, and has already been
constructed, but that prior approval had expired as no zoning permit had been procured
for the project.
3. The owners of record are the Ridgewood & Indian Creek Homeowner's Associations.
4. The subject properties are located in Residential 2 (112) Zoning District.
5. A one -page plan was submitted entitled, "Ridgewood/Indian Creek Condominiums
South Burlington Vermont As -Built Plan", prepared by Llewellyn -Howley, Inc., dated
9/30/2010.
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
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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 an as -built plan, illustrating the project as previously approved and as
already constructed. This plan is sufficient to satisfy this requirement.
(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.
The project has already been completed.
(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.
The project has already been completed.
(c) Provision of a suitable bond or other security adequate to assure compliance with the
provisions of this Section.
The project has already been completed.
(d) Determination of what shall constitute pre -construction grade under Section 3.07,
Height of Structures.
The pre -construction height for future development was the existing grade.
DECISION
Motion by Bill Miller, seconded by Mark Behr, to approve miscellaneous application #MS-14-03
of City of South Burlington, subject to the following conditions.
1. All previous approvals and stipulations, which are not superseded by this approval, shall
remain in effect.
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2. This project shall be completed as shown on the plans submitted by the applicant, and
on file in the South Burlington Department of Planning & Zoning.
3. 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.
4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to the use of the newly constructed stormwater ponds.
5. Any change to the plan shall require approval by the South Burlington Development
Review Board.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Art Klugo —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
David Parsons
yea
nay
abstain
not present
Jennifer Smith —
yea
nay
abstain
not present
Motion carried by a vote of 5 — 0 —0
4 %
Signed this � � day of �'` 2014, by
Tim Barritt, 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. 5(b) (4)(A). Please contact the Environmental Division at
802-828-1660 or http://vermont*udiciarV.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 802.879.5676 to speak with the regional Permit Specialist.
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