HomeMy WebLinkAboutMS-14-08 - Decision - 0039 Bowdoin Street1
l
#MS-14-08
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
NORTHEAST TERRITORIES, INC. — 39 BOWDOIN STREET
MISCELLANEOUS APPLICATION #MS-14-08
FINDINGS OF FACT AND DECISION
Northeast Territories, Inc. is seeking miscellaneous for after -the -fact approval to place 5,800 cubic yards of fill
on an undeveloped lot, 39 Bowdoin Street.
The Board held a public hearing on this application on October 7, 2014. David Marshall represented the
applicant.
Based on testimony provided at the above mentioned public hearing and the plans ands supporting materials
contained in the document file for this application, the Development Review Board, finds, concludes, and
decides the following:
FINDINGS OF FACT
1. Northeast Territories, Inc. is seeking miscellaneous for after -the -fact approval to place 5,800 cubic yards of fill
on an undeveloped lot, 39 Bowdoin Street.
2. The owner of record of the subject property is Northeast Territories, Inc.
3. The subject property is located in the Industrial & Open Space Zoning District
4. The plan submitted consists of three (3) pages, page one is entitled "Neagley & Chase Construction Office
Facility Lot 5 Meadowland Business Park 66 Bowdoin Street South Burlington Vermont, Lot 7 — Overall Site
Plan," dated Aug. 20, 2014.
This application shall be reviewed under Section 3.12 of the Land Development Regulations.
Section 3.12 Alteration of Existing Grade
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 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
#MS-14-08
filled or removed, and the existing grade and proposed grade created by removal or addition of material.
The Board finds that this criterion is met.
(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 Board finds that this criterion is not applicable as the fill is meant to be a permanent addition to
this property.
(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 Board finds that this criterion is met. The plans indicate that the stockpile will be seeded and
mulched and that a silt fence will be installed on the downhill side of the stockpile.
(c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of
this Section.
The Board finds that a bond is not necessary to assure compliance.
(d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of
Structures.
The pre -construction height for future development will be the existing grade prior to the placement of
the fill which is the subject of this application.
DECISION
Motion by Bill Miller, seconded by Jennifer Smith, to approve miscellaneous application #MS-14-08 of
Northeast Territories, Inc., subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect.
2. The 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. 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 upon completion of the
fill placement.
5. Any change to the site plan shall require approval by the South Burlington Development Review Board.
2
#MS-14-08
6. The pre -construction height for future development will be the existing grade prior to the placement of the
fill which is the subject of this application.
Tim Barritt—
vea
nay
abstain
not present
Mark Behr —
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 — 0. Signed this2"�day of O C _�JQ— 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*udiciary.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.
3