HomeMy WebLinkAboutAgenda 05_SP-21-001_20 Gregory Dr_The Granite Group
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: SP-21-001 20 Gregory Drive Site Plan Application
DATE: March 3, 2021 Development Review Board meeting
The Granite Group has submitted site plan application #SP-21-001 to amend a previously approved plan for a
16,272 sf wholesale use building. The amendment consists of expanding the fenced outdoor storage area, 20
Gregory Drive.
The Board reviewed the application on January 20, 2021 and continued the hearing to allow the applicant time
to address outstanding issues pertaining to stormwater and wetlands. The applicant provided a comprehensive
memo entitled “Hearing Response Narrative,” dated 2/4/2021, addressing the outstanding issues. The memo
was accompanied by a revised site plan. The City Stormwater Section reviewed the memo and revised plan,
and considers the responses acceptable. Staff has incorporated the responses into a draft decision, attached to
this memo.
Staff has incorporated into the draft decision a condition that the applicant record a notice of conditions
reflecting their proposed maintenance procedure for the pervious gravel storage area. Staff notes it may be
simpler to incorporate this procedure into the plan sheet rather than as a separate notice, and recommends the
Board ask the applicant which condition they would prefer.
Recommendation
Staff recommends the Board discuss the project with the applicant and close the hearing.
Respectfully submitted,
Marla Keene, Development Review Planner
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
THE GRANITE GROUP – 20 GREGORY DRIVE
SITE PLAN APPLICATION #SP-21-001
FINDINGS OF FACT AND DECISION
Site plan application #SP-21-01 of The Granite Group to amend a previously approved plan for a 16,272
sq. ft. wholesale use building. The amendment consists of expanding the fenced outdoor storage area,
20 Gregory Drive.
The Development Review Board held a public hearing on January 20 and March 3, 2021. The applicant
was represented by Daniel Cotter and Peter Mazurak.
Based on the plans and 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, The Granite Group seeks to amend a previously approved plan for a 16,272 sq. ft.
wholesale use building. The amendment consists of expanding the fenced outdoor storage area, 20
Gregory Drive.
2. The owner of record of the subject property is 20 Gregory Dr South Burlington VT LLC
3. The application was received on December 8, 2020.
4. The property lies within the Mixed Industrial & Commercial Zoning District.
5. The plan submitted consists of the following:
Description Prepared By Last Revised Date
C2-01 Site Plan The Granite Group 2/3/2021
6. The Project is located in mixed industrial commercial zoning district. It is located just west of Muddy
Brook and the Town of Williston. It most recently received site plan approval #SP-17-57 to add the
existing outdoor storage area and minor related site improvements. There have been no other
development review applications for the property since its initial approval for construction in 1989.
7. Outdoor storage is only allowed in non-residential districts upon approval of the DRB in conjunction
with a site plan, conditional use and/or PUD application (see LDR 13.05). The applicant has
accordingly submitted an application for site plan review.
8. The property is included in a stormwater management permit which encompasses the majority of
the Gregory Drive business park. The applicant is proposing to minimize the addition of impervious
surfaces to avoid the need to amend their permit and provide stormwater treatment and control for
the proposed expansion. Stormwater management standards are addressed in LDR 12.03.
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
No new building is proposed.
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AIR and AIR-I District Required Proposed
Min. Lot Size 40,000 sf 119,354 sf
Max. Building Coverage 40% 13.6%, no change
Max. Overall Coverage 70% 29.4%
Max. Front Setback Coverage 30% 15.4%, no change
Min. Front Setback 30 ft 45 ft, no change
Min. Side Setback 10 ft. 30 ft, no change
Min. Rear Setback 30 ft. 184 ft.
Height, flat roof 40 ft. 40 ft., no change
zoning compliance
B) 12.02 WETLAND PROTECTION
There is an existing Class III wetland and associated 50-foot wetland buffer located on the site. The
applicant notes on their plan “The Class Three wetland depicted is not the result of an onsite wetland
delineation. The location is based upon field observations and information obtained from the Vermont
Wetlands Department, including notes from a 2016 visit to the site by Tina Heath, Chittenden County
District Wetlands Ecologist.” Based on the assumed wetland boundary, the applicant is proposing 1,520
sf of permanent wetland buffer impacts and 3,100 sf of temporary wetland buffer impacts.
E. Standards for Wetlands Protection
(3) Encroachment into Class II wetland buffers, Class III wetlands and Class III 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;
On February 4, the applicant provided the following narrative in support of this criterion:
Currently the site of the proposed improvements has a continuous gradual slope away from
the building towards the wetland. Due to the slope of the ground, there is no detainment of
stormwater. Further down slope toward [but outside the] wetlands, there is an existing
stormwater detainment area in place.
The Board finds this criterion met.
(b) The encroachment(s) will not adversely affect the ability of the proposed stormwater
treatment system to reduce sedimentation according to state standards;
As noted above, the property is included in a State Stormwater Management Permit covering
multiple parcels. The applicant has proposed to make certain modifications to the on-site
stormwater management system to offset the proposed wetland and wetland buffer impacts.
The applicant’s description of the proposed improvement follows.
No extra sediment is expected, since all areas are either covered in grass, riprap, pervious
hard-scape, or pavement. The existing stone lined trench leading to the storm-water
detainment area will be made larger to allow for more water to settle out before reaching
the detainment area. Additionally, a modification to the outlet of the stormwater
detainment area will be made which will allow additional pollutants to settle out of the
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stormwater. Please refer to the detail on Site Plan sheet C2-01, last revised 2/03/2021.
Before the construction at the site commences, silt fence will be installed. The silt fence will
be removed after the grass is established and all the surfaces are stabilized.
The City Stormwater Section reviewed the proposed improvements on 2/15/2021 and offers the
following comments.
1. The applicant has proposed improvements to the existing stormwater detention basin in
order to mitigate the minor impacts to the Class III wetland buffer. This offset is acceptable.
2. The DRB should include a condition requiring the applicant to regularly maintain all
stormwater treatment and conveyance infrastructure, including maintaining the pervious
surface in accordance with the “Pervious Surface Maintenance Procedure” included on page
3 of the applicant’s Hearing Response document.
The Board finds this criterion met.
(c) The impact of the encroachment(s) 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.
The provided classification letter, dated 6/10/2016 and valid for five years, indicates that the
wetland does not provide function or value that is significant enough to merit protection under the
Vermont Wetland Rules at this time. This is because the State does not regulate Class III wetlands.
However, the City has chosen to apply the wetland protection standards to Class III wetlands and
buffers, as noted in the provided wetland classification letter. The applicant provided the following
narrative to address the potential impacts to wetland functions and values. Mitigation measures
are described above.
While the state does not regulate this wetland, proper construction practices and continued
maintenance of the storm-water system at the site will protect the wetland area. The
following is a list of the functions and values of wetlands along with the associated
mitigation or avoidance measures as applicable:
Water Storage: The wetland area on the site likely has some capacity to temporarily store
floodwaters. No reduction of the wetland’s storage capacity as a result of this project is
foreseen. The proposed upgrade to the outlet of the detention basin on the site will allow the
stormwater runoff that enters the basin to be released at a slower rate.
Water Quality Protection: No reduction of the wetland’s ability to settle out pollutants from
surface runoff are anticipated as a result of this project. Upslope of the wetland, grass areas,
riprap areas and the detention basin will help to settle out pollutants before they reach the
wetland. Fish Habitat: The wetland area on the site consists of an overgrown meadow,
which would not support fish. Fish may be present within the nearby Muddy Brook, which is
over 200 feet from the proposed storage are expansion.
Wildlife Habitat: No changes within the wetland area are proposed, therefore the area will
be available as a habitat for wildlife.
Sensitive Species: Based upon a review of the State’s Natural Resource Atlas, no sensitive
species or rare, threatened, or endangered species were noted near the project site.
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Exemplary Communities: Based upon a review of the State’s Natural Resource Atlas, no
exemplary communities were noted near the project site.
Education and Research: Based upon the location of the wetland, it likely will not be used for
education and research.
Recreation: Pathways are not present within the wetland area, so this wetland does not have
much potential for recreation.
Open Space: No changes within the wetland area are proposed, therefore the area will
remain as open space.
Erosion Control: No changes within the wetland area are proposed, therefore the area will
be available to settle out sediment. Although with the erosion control practices during
construction, additional sediment is not anticipated.
The Board finds this criterion met.
C) 13.05 OUTDOOR STORAGE AND DISPLAY
A. Outdoor storage. Outdoor storage of goods, materials, vehicles for other than daily use, and
equipment shall be subject to the following provisions.
(1) Any outdoor storage shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a
site plan, conditional use and/or PUD application
The storage area will be used by the principal tenant of the building. The Board finds this criterion
met.
(2) The Development Review Board may require that outdoor storage areas in connection with
commercial or industrial uses be enclosed and/or screened where the storage area may
comprise an attractive nuisance, where the proposed use of the storage areas present
opportunities for theft, or where the Board finds that said storage areas are in view of
residentially-zoned parcels.
The applicant has stated that the existing storage area is enclosed by a chain link fence with slats,
which will be reused around the perimeter of the expanded storage area. It appears the storage
area is proposed to be only partially enclosed. The Board finds the southern and western facing
portions of the fence must be equipped with slats to provide screening in order to maintain an
attractive appearance to the site.
D) SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the following general review
standards for all site plan applications:
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan.
Due attention by the applicant should be given to the goals and objectives and the stated land
use policies for the City of South Burlington as set forth in the Comprehensive Plan.
The project is located in the Northwest Quadrant in the Comprehensive Plan. The Board finds the
proposed expansion of the current use is consistent with the established uses in the area.
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B. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement,
and adequate parking areas.
The only proposed change to structures is the addition of a retaining wall along the proposed
ramp from the existing rear building door to the outdoor storage area. No changes to parking,
planting areas, pedestrian movement are proposed. The Board finds this criterion met.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing
a public street shall be considered a front side of a building for the purposes of this
subsection.
No changes to parking are proposed. While there appears to be one non-compliant parking
space, the Board finds proposed site modifications do not warrant rectifying this non-
compliance.
(3) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or anticipated
adjoining buildings.
No changes to the building are proposed. The Board finds this criterion met.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions
between buildings of different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
No changes to the building are proposed. The applicant is proposing to modify the existing
fence around the existing outdoor storage area to encompass the proposed outdoor storage
area, as shown on the “Partial Site Plan” inset on Sheet C2-01. Screening of the outdoor
storage area is discussed under 13.05 above. The Board finds these criteria met.
In addition to the above general review standards, site plan applications shall meet the following specific
standards as set forth in Section 14.07 of the Land Development Regulations:
A. Access to Abutting Properties. The reservation of land may be required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto
an arterial or collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
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No changes to access are proposed. The Board finds this criterion met.
B. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so as to have a
harmonious relation to neighboring properties and to the site.
No changes are proposed to the existing wire served utilities. The Board finds this criterion met.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance
with any recycling or other requirements, shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s).
The existing dumpsters are enclosed within the outdoor storage area and are proposed to remain
within this area. The Board finds this criterion met.
D. Landscaping and Screening Requirements. (See Article 13, Section 13.06)
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and
screening shall be required for all projects subject to site plan review. The applicant is not proposing
any building improvements therefore no landscaping is required. The Board finds this criterion met.
F. Low Impact Development. The use of low impact site design strategies that minimize site
disturbance, and that integrate structures, landscaping, natural hydrologic functions, and
various other techniques to minimize runoff from impervious surfaces and to infiltrate
precipitation into underlying soils and groundwater as close as is reasonable practicable to
where it hits the ground, is required pursuant to the standards contained within Article 12.
As noted above, this project is subject to an existing state stormwater permit and includes more
than ½ acre of impervious. Projects already subject to stormwater management which add more
than 5,000 sf of new impervious are required to meet the standards of 12.03 Stormwater
Management Standards for the new impervious. The project proposes 1,945 sf of new impervious
in the form of a ramp from a new overhead door to the expanded outdoor storage area. The
expanded outdoor storage area is intended to be pervious. If it were impervious, it would be
subject to 12.03 Stormwater Management Standards.
On January 20, the applicant testified that they will be using uniformly graded gravel, consisting
of 12-inches of 1 – 1 ½ inch clean drainage stone. The gravel will be topped with a 4-inch “geocell
ground grid” product to provide stability. The gravel gradation and depth has been selected to
remain pervious over time. The Board finds the applicant must follow the “Pervious Surface
Maintenance Procedure,” included as Page 3 of the submitted Hearing Response document.
G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for
Roadways, Parking, and Circulation shall be met.
No changes to roadways, parking and circulation are proposed. The Board finds this criterion met.
E) OTHER
Lighting
Section 13.07 of the Land Development Regulations addresses exterior lighting as follows.
A. General Requirements. All exterior lighting for all uses in all districts except for one-family
and two-family uses shall be of such a type and location and shall have such shielding as
will direct the light downward and will prevent the source of light from being visible from
any adjacent residential property or street. Light fixtures that are generally acceptable are
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illustrated in Appendix D. “Source of light” shall be deemed to include any transparent or
translucent lighting that is an integral part of the lighting fixture(s). Site illumination for
uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is
encouraged.
The applicant provided verbal testimony that they would like to add one building mounted
lighting fixture over the new overhead door, mounted 13-feet from the ground, downcast and
shielded. The Board finds such lighting to be acceptable provided it meets the maximum
lighting levels of Appendix A.
DECISION
Motion by ___, seconded by ___, to approve site plan application #SP-21-001 of The Granite Group,
subject to the following conditions:
1. All previous approvals and stipulations which are not changed by this decision, will remain in full
effect.
2. Prior to issuance of a zoning permit, the applicant must make the following modifications to the
plans and submit to the Administrative Officer a revised plan as approved in digital (PDF) format.
a. include slats on the southern and western sides of the fence enclosing the material
storage area
3. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure,
4. The applicant shall record a notice of conditions incorporating the “Pervious Surface
Maintenance Procedure” included as page 3 of the applicant’s Hearing Response document.
5. All exterior lighting must be installed or shielded in such a manner as to conceal light sources
and reflector surfaces from view beyond the perimeter of the area to be illuminated.
6. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use
of the expanded storage area.
7. This project must be completed as shown on the plans submitted by the applicant, and on file in
the South Burlington Department of Planning and Zoning.
8. The applicant must 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.
9. Any change to the approved plan will require approval by the South Burlington Development
Review Board or the Administrative Officer.
Mark Behr Yea Nay Abstain Not Present
Matt Cota Yea Nay Abstain Not Present
Elissa Eiring Yea Nay Abstain Not Present James Langan Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Brian Sullivan Yea Nay Abstain Not Present
Stephanie Wyman Yes Nay Abstain Not Present
Motion carried by a vote of _ – _ – _.
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Signed this ____ day of __________________ 2021, by
_____________________________________
Matt Cota, 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://vermontjudiciary.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 802.477.2241 to speak with the regional Permit Specialist.
Page 1 of 3
February 4, 2021
Hearing Response Narrative - Site Plan Application #SPǦǦ21Ǧ001
Prepared by: Peter Mazurak, P.E.
Comment (a/1):
The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters
adequately.
The buffer proposed to be impacted is directly connected to Potash Brook, therefore Staff considers it to
be potentially a flood storage area. The applicant is proposing as much as four feet of fill in this buffer
area, though the volume of fill has not been quantified. Staff considers more information is needed to d
etermine whether the proposed encroachment has an adverse effect on flood storage.
Response: Currently the site of the proposed improvements has a continuous gradual slope away from
the building towards the wetland. Due to the slope of the ground, there is no detainment of
stormwater. Further down slope toward wetlands, there is an existing stormwater detainment area in
place.
Comment (b/2):
The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system
to reduce sedimentation according to state standards;
Staff recommends the Board require the applicant to provide testimony on this criterion prior to
approval.
Response: No extra sediment is expected, since all areas are either covered in grass, riprap, pervious
hard-scape, or pavement. The existing stone lined trench leading to the storm-water detainment area
will be made larger to allow for more water to settle out before reaching the detainment area.
Additionally, a modification to the outlet of the stormwater detainment area will be made which will
allow additional pollutants to settle out of the stormwater. Please refer to the detail on Site Plan sheet
C2-01, last revised 2/03/2021. Before the construction at the site commences, silt fence will be
installed. The silt fence will be removed after the grass is established and all the surfaces are stabilized.
Comment (c/3):
The impact of the encroachment(s) on the specific wetland functions and values identified in the field
delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treat
ment, stream buffering, and/or other mitigation measures.
Staff considers the applicant should prepare a written response demonstrating compliance with this and
other criteria of this section and, based on the identified functions and values, propose
mitigation or avoidance measures to offset the impacts.
Response: While the state does not regulate this wetland, proper construction practices and continued
maintenance of the storm-water system at the site will protect the wetland area. The following is a list
of the functions and values of wetlands along with the associated mitigation or avoidance measures as
applicable:
x Water Storage: The wetland area on the site likely has some capacity to temporarily store flood
waters. No reduction of the wetland’s storage capacity as a result of this project is foreseen. The
proposed upgrade to the outlet of the detention basin on the site will allow the stormwater runoff
that enters the basin to be released at a slower rate.
x Water Quality Protection: No reduction of the wetland’s ability to settle out pollutants from
surface runoff are anticipated as a result of this project. Upslope of the wetland, grass areas,
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riprap areas and the detention basin will help to settle out pollutants before they reach the
wetland.
x Fish Habitat: The wetland area on the site consists of an overgrown meadow, which would not
support fish. Fish may be present within the nearby Muddy Brook, which is over 200 feet from
the proposed storage are expansion.
x Wildlife Habitat: No changes within the wetland area are proposed, therefore the area will be
available as a habitat for wildlife.
x Sensitive Species: Based upon a review of the State’s Natural Resource Atlas, no sensitive species
or rare, threatened, or endangered species were noted near the project site.
x Exemplary Communities: Based upon a review of the State’s Natural Resource Atlas, no exemplary
communities were noted near the project site.
x Education and Research: Based upon the location of the wetland, it likely will not be used for
education and research.
x Recreation: Pathways are not present within the wetland area, so this wetland does not have
much potential for recreation.
x Open Space: No changes within the wetland area are proposed, therefore the area will remain as
open space.
x Erosion Control: No changes within the wetland area are proposed, therefore the area will be
available to settle out sediment. Although with the erosion control practices during construction,
additional sediment is not anticipated.
Page 3 of 3
Pervious Surface Maintenance Procedure
If the pervious surface is not periodically cleaned, the void structure system will become clogged with debris
over time. The following is a maintenance schedule is to be followed.
Maintenance Task Frequency of Task
Routine Maintenance: Remove any accumulated trash or debris from pervious
surface. Also remove any trash or debris from within outlets of the pervious area
that are directed overland or to stormwater conveyance systems. Visually inspect
the pervious surface during or immediately following a rain event. Ponding or
puddles are signs that it is time to clean the surface more thoroughly.
Monthly or more
often as needed.
Periodic Maintenance: It is a good practice to perform periodic maintenance just
before winter to ensure that the pervious surface voids are clean and free of
noncompressible materials that may inhibit draining and therefore could
contribute to freeze-thaw damage. Proper cleaning procedures would include
vacuuming the area with either a dry vacuum or a regenerative vacuum sweeper.
Once per year, late
fall, before freezing
conditions.
Deep Cleaning/Unclogging: Over time, deep cleaning/unclogging of pervious
surface may become necessary, particularly if routine and periodic maintenance
is not performed. Replacement of the stone layer within the geogrid may
become necessary.
As needed.
Winter Maintenance Notes:
x The pervious surface should never be used as a storage area to pile snow from other areas. The snow
that has been plowed from other surfaces may be full of debris that will clog the pervious concrete voids.
Additionally, the plowed snow may have a high salt content.
x Snow removal should be performed by hand shoveling or with small equipment to prevent removal of the
pervious stone surface.
Lawn Care Note:
x Avoid blowing leaves, grass trimmings and other debris across pervious surface. Landscape contractors
should be advised of the special precautions required to avoid debris buildup on the pervious surface.
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