HomeMy WebLinkAboutMS-07-13 - Decision - 1195 Shelburne Road#MS-07-13
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DAVID FARRELL - 1195 SHELBURNE ROAD
MISCELLANEOUS APPLICATION #MS-07-13
FINDINGS OF FACT AND DECISION
David Farrell Trust, hereafter referred to as the applicant, is seeking miscellaneous
approval to install an erosion control measure (large stones) to stabilize the existing
bank, 1195 Shelburne Road.
The Development Review Board held a public hearing on Tuesday, November 20, 2007.
Eric Farrell represented the applicant.
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:
�1►I71`►C�I+'��7�3T�
1. The applicant is seeking miscellaneous approval to install an erosion control
measure (large stones) to stabilize the existing bank, 1195 Shelburne Road.
2. The project received miscellaneous approval on March 6, 2007. However, given
site conditions, the applicant did not obtain a zoning permit within six (6) months
of the date of the Board decision, pursuant to Section 17.04 of the South
Burlington Land Development Regulations. Therefore, they are requesting re -
approval. All that work that is proposed has already been done without an
approval and without a zoning permit.
3. There have been neither changes in the application nor any relevant changes in
the South Burlington Land Development Regulations since the March approval.
4. The owner of record of the subject property is David Farrell Trust.
5. The subject property is located in the R1 — Lakeview Zoning District.
6. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Shoreline Stabilization Plan Shelburne Road South Burlington Vermont Existing
Conditions Site Plan", prepared by Civil Engineering Associates, Inc., dated Nov.,
2006.
- 1 -
#MS-07-13
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
Comprehensive Plan.
The proposed project is consistent with the planned character of the area, as defined by
the South Burlington Comprehensive Plan.
The proposed use shall conform to the stated purpose of the district in which the
proposed use is located.
The proposed erosion control measures conform to the stated purpose of the Residential
1-Lakeview Neighborhood Zoning District.
The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposal does not adversely affect the capacity of municipal or educational facilities.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
The proposal does not adversely affect the character of the neighborhood. The proposed
erosion control measures will help to protect areas up and down lake of the subject
property from further damage from erosion.
(c) Traffic on roads and highways in the vicinity.
The proposed measures will have no affect traffic on roads or highways in the vicinity.
(d) Bylaws in Effect
The proposed erosion control measures shall also adhere to Section 12(D)(3) of the
South Burlington Land Development Regulations, Surface Water Protection Standards,
governing water -oriented development.
(a) The improvement involves, to the greatest extent possible, the use of natural
materials such as wood and stone.
The applicant has proposed stabilization measures composed of natural stone rip -rap
and shot -rock.
(b) The improvement will not increase the potential for erosion.
-2-
#MS-07-13
When construction is complete, the proposed retaining wall will deter erosion more
effectively than what exists today. The applicant has stated that the proposed
construction will take place during the winter to prevent construction debris and sediment
from reaching the lake. All disturbed areas outside the project area will be stabilized,
finish graded, top -soiled, seeded and mulched. As previously indicated, most if not all of
this work has been completed.
(c) The improvement will not have an undue adverse impact on the aesthetic
integrity of the Lakeshore.
The erosion that is currently occurring is destroying the vegetation; the new erosion -
control measures will eliminate further destruction of this vegetation.
(d) A landscaping plan showing plans to preserve, maintain, and supplement
existing trees and ground cover vegetation is submitted and the DRB finds that
the overall plan will provide a visual and vegetative buffer for the lake.
The applicant has stated that existing vegetation will be maintained outside of
construction areas. No additional vegetation is needed at this time or as a result of this
application.
Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
The Development Review Board in granting conditional use approval may impose
conditions of the following:
a) Size and construction of structures, quantities of materials, storage
locations, handling of materials, and hours of operations.
b) Warning systems, fire controls, and other safeguards.
c) Provision for continuous monitoring and reporting.
d) Other restrictions as may be necessary to protect public health and safety.
It is not necessary to impose any of the above conditions on the proposed project.
DECISION /
Motion by Erac-�, seconded by 6_4 �A K L F Y
to approve Miscellaneous Application #MS-07-13 of David Farrell, subject to the
following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as
amended herein.
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 and Zoning.
-3-
#MS-07-13
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. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —` e /nay/abstain/not present
Matthew Birmingham — yea/nay/abstain of resen
John D�inklag
e —ea/nay/abstai not prese t�Rogearley — e nay/abstain/noTpTmsp
Eric Knudsen a /nay/abstain/not present
Peter Plumeau — e /nay/abstain/not present
Gayle Quimby — yea/nay/abstain/ of presen
Motion carried by a vote of 4 - D - b
Signed this &tday of I�V'IeN VY, 2007, by
ark Behr, Vice Chairman
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).
-4-