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HomeMy WebLinkAboutMS-02-02 - Decision - 1691 Shelburne Road#MS-02-02 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Miscellaneous application #MS-02-02 of City of South Burlington, to relocate a watercourse in preparation for the construction of a stormwater treatment system, 1691 Shelburne Road. On the 19th of March 2002, the South Burlington Development Review Board approved the request of The City of South Burlington to relocate a watercourse under Section 3.60 of the South Burlington Zoning Regulations based on the following findings: 1) This project consists of relocating a watercourse in preparation for the construction of a stormwater treatment system. This was approved at the 6 February, 2001 DRB meeting. The approval lapsed. 2) The owner of record is MAC #2 Holdings, LLC. 3) This application is to relocate a portion of a Bartlett Brook tributary around the area proposed for a constructed wetland. This wetland is part of a state of the art stormwater treatment system proposed by the City to treat runoff from Shelburne Road. The stream currently passes through the area needed for the constructed wetland. 4) Section 3.60 of the zoning regulations requires the Natural Resources Committee to review and provide comment on any application to alter of relocate a watercourse. The Natural Resources Committee reviewed the stream relocation at their 8/28/00 meeting and approved the project. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves miscellaneous application #MS-02-02 of The City of South Burlington to relocate a watercourse in preparation for the construction of a stormwater treatment system, 1691 Shelburne Road, as depicted on a five (5) page set of plans, page one (1) entitled, "Stormwater Treatment System and Stream Corridor Restoration Bartlett Bay Road, South Burlington, VT" prepared by Lamoureux & Dickenson Consulting Engineers, Inc. dated 8/4/00, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer once the project is completed 3) Any change to the site plan shall require approval by the South Burlington Development Review Board. 0y-0-11 -D 2 Clu; JwVrk Date South Burlington Development Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.RC.P. 76, in writing, within 30 days of the date this decision is issued The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of remedy, finality).