HomeMy WebLinkAboutAgenda 06_AO-20-01_159 Long Drive_Adam Hergenrother
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: AO‐20‐01 159 Long Drive Appeal
DATE: October 6, 2020 Development Review Board meeting
Appeal #AO‐20‐01 of Beth Zigmund appealing the decision of the Zoning Administrative Officer to issue zoning
permit #ZP‐20‐232 for construction of a single family home, 159 Long Drive. This cover memorandum
summarizes the question to be decided by the Board.
The State statute governing appeals of the administrative officer’s decisions is as follows.
24 V.S.A. § 4465. Appeals of decisions of the administrative officer
(c) In the exercise of its functions under this section, a board of adjustment or development review board
shall have the following powers, in addition to those specifically provided for elsewhere in this chapter:
(1) To hear and decide appeals taken under this section, including, without limitation, where it is alleged
that an error has been committed in any order, requirement, decision, or determination made by an
administrative officer under this chapter in connection with the administration or enforcement of a
bylaw.
(2) To hear and grant or deny a request for a variance under section 4469 of this title.
In other words, the Board must determine whether an error has been made by the Zoning Administrative
Officer in enforcing the Land Development Regulations. The appellant has not requested a variance.
The subject property received final plat approval #SD‐18‐27 on October 3, 2018. The Administrative Officer
approved zoning permit #ZP‐20‐232 on August 21, 2020 on the basis that the application was consistent with
the approved final plat. The appeal was filed by a third party, Beth Zigmund, on the basis that #ZP‐20‐232 is
inconsistent with the tree preservation requirements and inconsistent with the DRB’s denial of final plat
amendment #SD‐20‐191.
1 Final plat application #SD‐20‐19 was an application by Adam Hergenrother Companies to amend final plat
application #SD‐18‐27 to modify the limits of the tree preservation area, along with other modifications. The
Board ultimately denied this application and therefore #SD‐18‐27 stands as issued. The Administrative Officer
found #ZP‐20‐232 consistent with #SD‐18‐27, and #SD‐20‐19 is not relevant to the appealed zoning permit.
#AO‐20‐01
2
A summary of the relevant provisions of #SD‐18‐27 and their applicability to #ZP‐20‐232 is as follows.
The document entitled “Tree Preservation Handbook Long Drive Subdivision at Vermont National Country
Club South Burlington, Vermont,” dated September 9, 2010, and its attachments, are incorporated as a
condition of approval.
The Tree Preservation Handbook is a 53‐page document that is a condition of the approval in the Vermont
Environmental Court’s Judgement Order on Docket No. 69‐3‐02 Vtec. Specifically, the Judgement Order
requires, “for each lot, a tree preservation handbook, including definitions of all allowed activity on the lot and
in the area of the project property beyond the lots, together with a copy of the segment of the planting plan
pertinent to each lot, see Exhibits 45‐49, and to the area of project property within the view shed of that lot.
Each tree preservation handbook shall explain that the lots must remain wooded or become more wooded and
that lot owners may not clear the lots to open up any views beyond what is allowed by the planting plan. Each
hand book shall state that the lot owner(s) shall abide by the terms of the tree preservation handbook for
his/her/their lot.”
The Tree Preservation Handbook, which includes the Tree Preservation Plan, is included in the packet for the
Board, and includes the following relevant provision.
Allowed Activities:
The following activities are permitted within the property limits:
1. Removal of trees and underbrush consistent with the approved Landscaping Plan when undertaken in
compliance with the Tree Preservation Plan.
2. Within the designated clearing areas, the placement and maintenance of site features typically
enjoyed by a residential use including a house, accessory structures, lawns, play areas, driveways,
gardens and the like.
3. Removal of invasive species as listed by the State of Vermont Department of Agriculture.
4. Removal of vines and other vegetation with a DBH of 2” or less.
The Board should note that in addition to issuance of #ZP‐20‐232, the applicant has received zoning permit #ZP‐
20‐145 for construction of Long Drive. Staff reminds the Board that this appeal is of the Administrative
Officer’s decision to issue #ZP‐20‐232 and not of matters related to construction of Long Drive. Staff notes
there have been multiple complaints received by the Administrative Officer pertaining to the construction of
Long Drive. The Administrative Officer has issued a Notice of Violation related to the Tree Preservation Plan
which is not the subject of Board’s consideration in this appeal.
Staff notes the Board is not required to arbitrate complaints pertaining to the applicant’s construction
activities, including those pertaining to compliance with the approved permits; it merely must decide whether
to uphold the Administrative Officer’s decision that the application for #ZP‐20‐232 meets the requirements of
SD‐18‐27 and the LDRs.
Index of Attachments
1. #SD‐18‐27
2. #ZP‐20‐232 including plan of proposed home and showing tree preservation area
3. Tree Preservation Handbook
4. Sheet L‐4 “Lots 4, 5 & 6 Tree Plan Including Existing Smaller Trees, Trees to be removed, Trees to be
retained, and new trees and shrubs” dated June 6, 2018 and approved as part of #SD‐18‐27
#AO‐20‐01
3
5. Overlay of plans L‐4 and plan approved by ZP‐20‐232
RECOMMENDATION
Staff recommends that the Board discuss the Project with the appellant and Administrative Officer and close the
hearing.
Respectfully submitted,
____________________________________
Marla Keene, Development Review Planner
#SD‐18‐27
Findings of Fact and Decision
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JAM GOLF, LLC
GOLF COURSE ROAD/LONG DRIVE SUBDIVISION
FINAL PLAT APPLICATION #SD‐18‐27
FINDINGS OF FACT AND DECISION
Final plat application #SD‐18‐27 of JAM Golf, LLC for re‐approval of a subdivision of a 47.99 acre parcel developed with a
golf course into eleven (11) lots ranging in size from 0.37 acres to 45.03 acres, 182 Golf Course Road.
The Development Review Board held a public hearing on September 18, 2018. The applicant was represented by David
Marshall of Civil Engineering Associates and Sandy Fead of Fead Construction Law, PLC.
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
1. The project consists of subdividing a 47.99 acre parcel into eleven lots, Golf Course Road.
2. The owner of record of the subject property is JAM Golf, LLC.
3. The application was deemed complete as of August 14, 2017.
4. The subject property is located in the Southeast Quadrant – Natural Resources Protection zoning district.
5. The plan submitted consists of a twenty two (22) page set of plans. The first sheet is entitled “Vermont National Country
Club Long Drive Subdivision Overall Site Plan” prepared by Civil Engineering Associates, dated June 2001 and most recently
updated December 12, 2017. This plan set includes the following sheets.
O‐1 LONG DRIVE SUBDIVISION OVERALL SITE PLAN
P‐1 OVERALL PLAN LONG DRIVE SUBDIVISION
P‐2 SUBDIVISION PLAN LONG DRIVE SUBDIVISION
P‐3 EASEMENT PLAN LONG DRIVE SUBDIVISION
C‐1 GRADING & DRAINAGE PLAN
C1.1 E911 ADDRESS PLAN
C‐2 SITE UTILITY PLAN
C‐3 EROSION CONTROL PLAN
C‐4 STREET & UTILITY PROFILES
C‐5 SITE SECTIONS & DETAILS
C‐5.1 SITE DETAILS
C‐6 UTILITY SECTIONS & DETAILS
C‐7 EROSION CONTROL DETAILS & SPECIFICATIONS
C‐8 SPECIFICATIONS
C‐9 SPECIFICATIONS
L‐1 OVERALL SITE PLAN
L‐2 OVERALL SITE PLAN
L‐3 TREE PLAN LOTS 1, 2 & 3
#SD‐18‐27
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L‐4 TREE PLAN LOTS 4, 5 & 6
L‐5 TREE PLAN LOTS 7 & 8
L‐6 TREE PLAN LOTS 9 & 10
L‐7 LANDSCAPING DETAILS
L‐8 OVERALL SITE PLAN SCALE 1” = 20’
6. The Environmental Court granted preliminary plat approval for the subdivision by V.R.C.P. 58 Judgment Order entered
on September 11, 2009 in Docket No. 69‐3‐02 Vtec (“Preliminary Approval”).
7. This final plat application falls under the category of further proceedings, and is subject to the same subdivision and
zoning regulations as the preliminary plat application, namely the City of South Burlington Subdivision Regulations with
amendments through January 4, 1999 and the South Burlington Zoning Regulations with amendments through April 16,
2001.
8. The applicant previously obtained final plat approval from the DRB for the subdivision of these eleven (11) lots on
March 21, 2018 (#SD‐17‐28). The applicant allowed the approval to become null and void due to not recording the final
plat within 180 days of approval. The applicant has made updates to the plans to comply with the conditions of that
approval but otherwise has not made any changes to the application.
1. APPLICABLE STANDARDS
Note: The standards applicable to the Project were written around the time that the DRB came into existence.
Accordingly, some references to Planning Commission review still exist in the applicable standards. Legal counsel
advised that with the advent of the DRB, review for compliance with these standards is the responsibility of the DRB
regardless of which Appropriate Municipal Panel was referenced in the standards.
a) Will not result in undue water or air pollution. In making this determination the Planning Commission shall at
least consider (1) the availability and capacity of municipal sewer facilities or the nature of soils and subsoils
and their ability to support waste disposal adequately, (2) the elevation of land above sea level and in relation
to the floodplains, (3) protection of ground and surface waters, and (4) all applicable regulations of the health
department and other State agencies.
The applicant is proposing three (3) sanitary sewer pump stations, one of which was not approved in the
preliminary plat application and one which is relocated. It was unclear from the originally submitted plans
whether the applicant was proposing for the new and relocated pump stations to be public or privately owned.
The Public Works Director reviewed the plans on November 15, 2017 and requests the following.
1. If the pump stations are to remain private, the plans be revised to show the proposed access to each of the
pump stations.
2. If the pump stations are to become public,
a. Revise the plans to include a 20‐foot unencumbered easement with a curb drop down at the street.
Access needs to have structural support for the City’s vactor truck live and dead loads.
b. Revise the plans to include A way to turn around the vactor truck at the pump station location
c. Provide sufficient information to review the design of the pump station
The applicant opted to retain the pump stations as private and has revised the plans to show the proposed access
to each of the pump stations. The Board finds this criterion met.
#SD‐18‐27
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b) Will have sufficient water available for the reasonable foreseeable needs of the development.
No changes affecting the Project’s conformance with this criterion have been made since Preliminary Approval.
The Board finds this criterion to be met.
c) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a
dangerous or unhealthy condition may result.
No changes affecting the Project’s conformance with this criterion have been made since Preliminary Approval.
The Board finds this criterion to be met.
d) Will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways,
existing or proposed.
No changes affecting the Project’s conformance with this criterion have been made since Preliminary Approval.
The Board finds this criterion to be met.
e) Will not cause an unreasonable burden on the ability of the City to provide educational services and facilities
No changes affecting the Project’s conformance with this criterion have been made since Preliminary Approval.
The Board finds this criterion to be met.
f) Will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services
and facilities
The applicant is proposing to connect to the existing 8‐inch water line in Golf Course Road. Prior to submitting
the preliminary plat application, the applicant coordinated with the South Burlington Water Department to discuss
the layout of the water line. At that time (June 2001), the Water Department noted that they would like to see
the water line looped. The applicant has adjusted the final plat application to accommodate a future water line
connection to Park Road. The Public Works Director reviewed the plans on 11/15/2017 and offered the following
comments.
1. The Long Drive Subdivision (10 units) can be built and served by a single water line coming off Golf
Course Road.
2. When the Lot 108 Area (18 units) is built the water line from the Long Drive Subdivision must be
connected into the Lot 108 Area’s water lines that will connect back up to Park Road.
3. When the Park Road Area (15 units) and Wheeler Parcel (32 units) are developed the existing water line
that circles Park Road and Golf Course Road must be extended west to connect to these projects and/or
the Dorset Street water line.
4. Completing the above will allow this entire area to be fully looped to ensure the highest water quality is
available to all the properties and to create the standard redundancy that we have built throughout the
city in our water infrastructure to ensure reliable, uninterrupted service.
The Board finds that the Director of Public Works’ recommendations shall be included as conditions of approval.
g) [invalidated by courts]
#SD‐18‐27
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h) Will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible
with surrounding developed properties and site characteristics, and will protect rare and irreplaceable natural
areas and historic sites
This criterion was the subject of Environmental and Supreme Court appeals. In deference to the sensitivity of this
criterion, the submitted plans provide extensive landscaping detail. The Board notes that the landscaping plans
show an outdated layout for the terminal end of Short Drive and for some of the driveway configurations and thus
the proposed effect cannot be evaluated. The Board further notes that some trees within the proposed building
footprints appear to be hatched with the shading identified in the legend as “Existing Tree to be Saved.” Though
the Board appreciates that it appears the applicant is minimizing removal of existing trees, a clear landscape plan
is necessary to facilitate future inspections in compliance with Preliminary Approval condition #3a.
i) [invalidated by courts]
j) Will provide efficient layout and high‐quality installation, construction, and maintenance of streets and public
facilities and will conform with the City’s street and utilities plan.
See discussion under criteria a) and f) above as they pertain to conformance with the City’s utility plans.
k) Will provide for cooperation with adjoining properties in the extension of roadways, drainage facilities, and
utility lines.
As discussed under criterion (f) above, the Applicant has proposed a stub to allow for future water line connection.
No other changes affecting the Project’s conformance with this criterion have been made since Preliminary
Approval. The Board finds this criterion to be met.
l) [invalidated by courts]
DECISION
Motion by Matt Cota, seconded by John Wilking, to approve Final Plat Application #SD‐18‐27 of JAM Golf, LLC, subject to
the following stipulations:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. This Project must be completed as shown on the plans submitted by the applicant, revised as required by this
Decision, and on file in the South Burlington Department of Planning and Zoning.
3. The following waivers of the standards of the South Burlington Zoning and/or Subdivision Regulations are granted:
a. The reduction of the frontage for proposed lot 3 to 42.5 feet.
b. The reduction of the width of the private road serving proposed lots 4, 5 and 6 to 18 feet, plus 2 feet of
mountable curb on each side of the private road.
c. The reduction of the width of the public road to 24 feet and the width of the first 200 feet of the public
road to 20 feet.
d. The reduction of the length of the sidewalk along the public road extending from Golf Course Road to the
driveway for proposed Lot 2.
4. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit.
#SD‐18‐27
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5. Pursuant to Section 407 of the Subdivision Regulations, any new utility lines, services, and service modifications
must be underground.
6. The Project must adhere to standards for erosion control as set forth in Section 412 of the South Burlington
Subdivision Regulations. In addition, the Project grading plan must meet the standards set forth in Section 413 of
the South Burlington Subdivision Regulations.
7. Any changes to the final plat plans shall require approval by the South Burlington Development Review Board.
8. The final plat plans (P‐1 Overall Plan Long Drive Subdivision, P‐2 Subdivision Plan Long Drive Subdivision and P‐3
Easement Plan Long Drive Subdivision) shall be recorded in the land records within 180 days or this approval is null
and void. The plans must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat
plan, the applicant must submit a copy of the survey plat in digital format. The format of the digital information
requires approval by the South Burlington GIS Coordinator.
9. The mylars must be recorded before the Administrative Officer may issue any zoning permits for the Project.
10. Prior to recording the final plat plans, all appropriate legal documents including easements (e.g. irrevocable offer of
dedication and warranty deed for the proposed public road, and utility, sewer, drainage, and water, etc.) shall be
submitted to the City Attorney for approval and recorded in the South Burlington Land Records.
11. Prior to start of improvements described in Condition #10 above, the applicant must provide an estimate of the
construction cost for the Project, broken down by infrastructure costs, aggregate cost for individual parcel
development, and cost of street trees. Upon the Administrative Officer’s review and approval of estimated costs, the
applicant must post a bond which covers the cost of said improvements plus 15% contingency, the amount of which
must be approved by the City Engineer.
12. With the consent of the two abutters, the applicant shall adjust the layout of the two abutters’ driveways, portions
of which will be removed and replaced with the proposed Long Drive roadway, such that each driveway is
compatible with the proposed roadway and is at least the quality as existed prior to construction. All costs, fees and
expenses of preparing and submitting plans for, and constructing, these driveway adjustments are the sole
responsibility of the applicant and not the abutters, and shall be included in the infrastructure bond described in
Condition #12 above.
13. Prior to start of improvements described in #10 above, the applicant must post a landscaping bond with a value that
is based on and complies with Section 26.105(a) of the Zoning Regulations. This landscaping bond shall remain in full
effect for three (3) years to ensure that the landscaping has taken root and has a good chance of survival.
14. Before the Administrative Officer may issue the first zoning permit for the Project, the Applicant must obtain City
Arborist approval for any changes to the proposed Plant List and submit a copy of the approval to the Administrative
Officer.
15. The document entitled “Tree Preservation Handbook Long Drive Subdivision at Vermont National Country Club
South Burlington, Vermont,” dated September 9, 2010, and its attachments, are incorporated as a condition of
approval.
16. The tree preservation plan referenced and described in Paragraph 2(d) of the Preliminary Approval is supplemented
for the areas outside of the individual lots by the following condition:
The Project is intended to remain densely wooded outside of the limits of clearing described in the Tree Preservation
#SD‐18‐27
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Handbook. Vegetation within the outer boundary as generally depicted on the detailed tree survey shown on Sheet
L‐2 of the landscaping plans must be managed to preserve the character of the area in accordance with best
management practices, which are acknowledged to evolve over time. Trees subject to this condition shall not be
removed except to meet the goal of maintaining a healthy and densely wooded area overall, as determined by a
qualified consulting arborist. Trees exempt from this condition include trees with a diameter of 4‐inches or less,
trees listed as invasive species, trees lacking structural integrity that pose an immediate danger to a home, dead
trees, and trees that are diseased in a manner that threatens their continued viability. Determination of whether a
tree is subject to this condition must be made by a qualified consulting arborist in writing prior to tree removal. The
applicant shall maintain records of such written determinations, which shall be available to the City upon request.
Removal of trees for the health of the surrounding golf turf shall be allowed with prior Site Plan approval of the
Administrative Officer after consultation with the City Arborist. Trees that grow to a diameter breast height of 4‐
inches after this approval shall become subject to this condition. Failure to adhere to this condition will require the
applicant to replace the tree(s) removed on a caliper by caliper basis with minimum 2” caliper trees of the same
genus or as recommended by the City Arborist.
17. Before the Administrative Officer may issue a zoning permit for either the first lot or utility or road construction,
whichever applicant first requests, the applicant shall submit to the Administrative Officer documents for owners of the
lots and dwelling units which create an association for implementation of the Tree Preservation Handbook.
18. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure.
19. When the Lot 108 Area (18 dwelling units) is developed, the water line from the Project must be connected into the
Lot 108 Area’s water lines, that in turn will connect to Park Road.
20. When the Park Road Area (15 dwelling units) and the Wheeler Parcel (32 dwelling units) are developed, the existing
water line that circles Park Road and Golf Course Road must be extended west to connect to these projects and/or
the Dorset Street water line.
21. The sewer pump stations shall remain private.
22. Fire hydrants must be installed and tested before construction of the combustible portions of buildings commences
pursuant to NFPA 1 Chapter 18.
23. Minimum hydrant flow shall be based on NFA‐ NFF formula plus a safety margin of not less than 10%.
24. All roads shall comply with Fire Department apparatus turning radii (includes mutual aid apparatus).
25. Parking of construction vehicles shall be restricted to one side of all involved roads to maintain Fire Department
access during construction.
26. The Project must comply with NFPA 241 – Safe Guarding buildings under construction, alteration or demolition.
27. Beginning one (1) year from the date of the issuance of the first zoning permit for the Project, applicant annually must
provide the City with written certification from a qualified consulting arborist as to compliance with the tree
preservation plan and the landscape planting plan on each lot as well as on the Project property beyond the lots,
specifically listing any areas of noncompliance.
28. Prior to implementation of any field changes to the tree preservation plan, Applicant must notify the City
Administrative Officer and obtain a determination regarding the need for further application and approval.
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29. The lot owner(s) must abide by the terms of the tree preservation handbook for his/her/their lot.
30. All lights on the exterior of any building or on any of the lots shall be downcast and shielded fixtures.
31. No additional street lighting may be installed without amendment of the final plat approval.
32. Before the final plat plans may be recorded, Applicant shall record a Notice of Condition of #s 15, 16, and 27‐31,
above, approved by the City Attorney.
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
Brian Sullivan Yea Nay Abstain Not Present
Jennifer Smith Yea Nay Abstain Not Present
John Wilking Yea Nay Abstain Not Present
Motion carried by a vote of 5 – 0 – 0
Signed this __ day of October 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 with the Superior Court, Environmental Division. See V.R.E.C.P.
5(b). A copy of the notice of appeal also must 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 802‐951‐1740 or https://www.vermontjudiciary.org/environmental
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.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Conditions of Approval for #ZP-20-232
159 Long Drive
1. Owner must abide by terms of Tree Preservation Handbook.
2. Pool must be enclosed as outlined in Sec. 13.04(A)(4) of the Land Development Regulations.
3. Performance Standards. If ledge is discovered on Lot #6, the permit holder will provide the
Administrative Officer with the following information as outlined in Section 3.13(E). Evidence of
application for state and/or federal permits for the handling of potentially hazardous conditions,
and/or the following information, at minimum, may be required for determination of
compliance with performance standards or for conditional use review of potentially hazardous
conditions:
i. Description of proposed machinery, operations, and products.
ii. Amount and nature of materials to be used.
iii. Mechanisms and techniques to be used in restricting the emission of any hazardous
and objectionable elements, as well as projected or actual emission levels.
iv. Method of delivery and disposal or recycling of any hazardous elements.
v. Other information as may be necessary.
4. In addition to the specific standards listed above, all other performance standards listed in the
Land Development Regulations remain in effect.
5. The City’s Noise Ordinance is also applicable.
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FRONT ELEVATION
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TGDESIGNS
TIM GRAVELIN, CIVIL ENGINEERARCHITECTURAL PLANS,ENGINEERING DOCUMENTSSOUTH BURLINGTON, vt.802-310-6727
ADAM HERGY
SOUTH BURLINGTON
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P:\AutoCADD Projects\2010\10202.01\1-CADD Files\Dwg\Lot 6\10202.01 - Lot 6.dwg, 8/19/2020 3:37:04 PM, DWG To PDF.pc3
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Memorandum
To: Development Review Board
From: Dalila Hall, Administrative Officer
Date: September 30, 2020
Re: #A0-20-01, 159 Long Drive – Appeal of Administrative Officer re: #ZP-20-232
Beth Zigmund, M.D., has filed an appeal of the Administrative Officer’s approval and issuance of zoning
permit #ZP-20-232 to construct a single-family home at 159 Long Drive.
Below please find a detailed chronology of my actions leading to the issuance of ZP-20-232.
Permit Chronology
a) June 19, 2020, permit applicant Adam Hergenrother submitted an application via email for a zoning
permit to construct a new single-family home at 159 Long Drive. The application was checked for
completeness and is found to be not complete. More information was required for the
Administrative Officer to evaluate if the proposed new home complies with the conditions set forth
in subdivision approval #SD-18-27. Outstanding items included:
1. Lot Coverage Calculations
2. Site plan of the proposed home in the lot
3. Waste Water Allocation application
4. Sewer Connection application
5. Elevations of the home
b) July 17, 2020, after partial receipt of required information, the Administrative Officer sent an
estimate of the permit fees to the applicant.
c) July 24, 2020, The Administrative Officer determined that the applicant had extended the clearing
of vegetation approved for the adjacent roadway under ZP-20-145 onto the subject property in
preparation for constructing the home prior to issuance of an approval to do so. The Administrative
Officer determined that the clearance work occurred entirely outside of the Tree Preservation area
and were within areas that would be authorized to be cleared upon issuance of a zoning permit for
the subject lot in the plans approved for #SD-18-27. The Administrative Officer informed the
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applicant that in order to remedy this initiation of work without a permit, an after-the-fact fee
pursuant to the City’s Council’s Fee Schedule would be added to the Zoning Permit.
d) August 7, 2020, the applicant provided remaining requested supporting information about the
proposed home to deem the application complete. Payment to cover the additional after-the fact
fee was also received by this date.
e) August 21, 2020, after reviewing all submitted materials and obtaining clarifications from the
applicant and his engineering firm, the Administrative Officer found that the application fulfilled the
conditions of #SD-18-27, including compliance with the Tree Preservation plan’s clearance limits,
and approved and issued permit #ZP-20-232 with specific conditions attached with the permit.
1. It is noted here that the pump station on the approved permit is located in a different place
than what was shown on the approved plans for #SD-18-27, but it is still located in an area
that is outside the Tree Preservation area.