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HomeMy WebLinkAboutMS-14-05 - Decision - 0037 Birch StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ROBERT DUMONT FAMILY TRUST — 37 BIRCH STREET MISCELLANEOUS APPLICATION #MS-14-05 FINDINGS OF FACT AND DECISION Miscellaneous application #MS-14-05 of Robert Dumont Family Trust for approval to impact 1,406 sq. ft. of Class II wetland buffer zone with a driveway to serve a two-family dwelling, 37 Birch Street. The Board held a public hearing on this application on May 20, and June 3, 2014. David Burke 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: FINDINGS OF FACT 1. The Robert Dumont Family Trust filed application #MS-14-05 for approval to impact 1,406 sq. ft. of Class II wetland buffer zone with a driveway to serve a tWo-family dwelling, 37 Birch Street. 2. The application was received on April 15, 2014. 3. The subject property is located in the Residential —4 zoning district. 4. The applicant submitted a one page site plan entitled, "Robert Dumont Family Trust Parcel Birch Street South Burlington, VT Site Plan, prepared by O'Leary -Burke Civil Associates, PLC, dated 1/17/14. PROJECT DESCRIPTION Zoning District & Dimensional Requirements: Residential 4 Zoning District Required Existing Proposed Min. Lot Size 9500 S.F. 94,089.6 sq. ft. 94,089.6 sq. ft. Max. Building Coverage* 20% 0 2.86% Max. Overall Coverage* 40% 0 0 Min. Front Setback* 30 ft 0 0 Min. Side Setback* 10 ft. 0 0 Min. Rear Setback* 30ft. 0 0 ? Max. Building Height* 25/28 ft. -2-11 0 4 Zoning compliance CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING MS-14-05 NOTE: The subject of this application is solely the impact on the wetland buffer; the duplex residence itself does not require Board level review. As a new structure on an oversize lot, it will meet all basic zoning requirements. This project involves the construction of 140 foot long driveway to serve a new residential duplex, and associated site work, fill, grading, retaining wall, and buried domestic water line within the driveway footprint. Roughly 80 feet of the driveway, fill area, and block retaining wall lie within the 50-foot regulatory buffer area adjacent to a Class 2 wetland located on the property. The total land area affected is 1,406 sq. ft. The applicant has filed a complete application with the State, and Vermont General Wetland Permit #3- 9025 was issued on April 9, 2014. This state permit allows the applicant, "To construct sections of a driveway and buried utility line for a proposed duplex with 0 square feet of total wetland impacts and 1,406 square feet of total buffer zone impacts." Upon review of the site plan, there does not appear to be any other way to access this property except by going through the wetland buffer. There is limited property frontage at the end of Birch Street, and the driveway already hugs the other adjoining boundary in the corner of the lot as closely as possible. The only other option would run the driveway right through the wetland itself, which is impractical, unworkable, and unlawful. 12.02 Wetland Protection Standards and Review Procedures A. Purpose. It is the purpose of this Section to provide appropriate protection of the City's wetland resources in order to protect wetland functions and values related to surface and ground water protection, wildlife habitat, and flood control. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Wetlands Map and Applicability of Standards. (1) All wetland areas within the City of South Burlington, whether identified on the map entitled "Wetlands Map" as set forth in Section 3.02 of these regulations or as identified through field delineation, and a buffer area fifty (50) feet horizontal distance surrounding the boundary of any such wetland, shall be subject to the provisions of this section. (2) In the absence of site -specific delineations, the City's Wetlands Map shall control as to the location of wetlands and wetland buffer areas subject to the provisions of this section. D. Submittal and Review of Field Delineation and Wetlands Report (1) For all properties for which any application for development requiring DRB review is made, and on which any wetland areas are indicated on the Wetlands Map, applicants are strongly encouraged to submit site specific field delineations indicating the location, classification, functions and values of all wetland areas (Class 1, It and Ill) and an associated fifty (50) foot buffer area. In the absence of such site -specific delineations and information, the City's Wetlands Map shall control. (2) Applicants are encouraged to submit afield delineation and wetlands report as early in the development review process as possible. (3) The DRB shall have the authority to invoke technical review by a qualified wetlands CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING MS-14-05 consultant of any field delineation and wetlands report. The City's wetlands consultant shall submit an evaluation of the field delineation and wetlands report addressing the proposed development's consistency with the standards in (D) above, and outlining the following: (a) Measures that can be taken to improve the overall effect of the project on wetland resources without altering the layout of the proposed project. (b) Measures that can be taken to improve the overall effect of the project on wetland resources that involve altering the layout of the proposed project. E. Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class ll wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class 11 wetland buffers, Class Ill wetlands and Class 111 wetland buffers, may be permitted by the DRB upon finding that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachments) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. As described above, the applicant has already obtained what is now called a Vermont Wetlands Permit from the state (formerly known as a Conditional Use Determination). The state found no undue, adverse impact upon this Class 2 wetland buffer, and required typical erosion control and other protective measures (as proposed) to protect the wetland and its buffer. It also required post -construction certification that the driveway and site work were completed as proposed and approved. The above criteria are similar to the criteria used by the Agency of Natural Resources (ANR) in evaluating the encroachment into a class II wetland, therefore, since the ANR did issue the wetland permit. It is the Board's position that the above criteria are met. The State of Vermont has also issued Wastewater System and Potable Water Supply Permit #WW-4-4198, approving the proposed design for this essential infrastructure. Both systems will be connected to and served by the City. DECISION Motion by Bill Miller, seconded by Jennifer Smith, to approve Miscellaneous Application #MS-14-05 of the Robert Dumont Family Trust, subject to the following stipulations: CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING MS-14-05 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, and as approved by the State of Vermont in Wetland Permit #3-9025 and Water/Wastewater Disposal Permit #WW-4-4198. 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 proposed project must adhere to standards for erosion control in Section 16.03 of the LDRs. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the LDRs. 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 John Wilking— yea nay abstain not present Motion carried by a vote of 5 — 0 —1 �iA Signed this a day of :JL4v\ . 2014, by ( -, �)/? ..<I 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://vermontiudiciarV.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.