HomeMy WebLinkAboutMS-11-02 - Decision - 1500 Spear StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
GUMIENNY-1500 SPEAR STREET
MISCELLANEOUS APPLICATION #MS-11-02
FINDINGS OF FACT AND DECISION
Stanley Gumienny is seeking miscellaneous approval to alter the existing grade by adding up to
400 cubic yards of fill, 1500 Spear Street
The Board held a public hearing on this application on June 21, 2011. Stanley Gumienny represented
himself
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. Stanley Gumienny is seeking miscellaneous approval to alter the existing grade by adding up
to 400 cubic yards of fill, 1500 Spear Street
2. The owner of record of the subject property is Stanley Gumienny.
3. The subject property is located in the Southeast Quadrant Zoning District
4. The plan submitted is entitled "Stanley Gumienny 1500 Spear St So Burl VT 05403", prepared
by Eugene Alexander, dated 5/16/11.
This application shall be reviewed under Section 3.12 of the Land Development Regulations.
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
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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 filled or removed,
and the existing grade and proposed grade created by removal or addition of material.
The applicant submitted one (1) sheet showing the existing and proposed contour lines upon
placement of the fill. These plans are sufficient to satisfy this requirement.
(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.
Staff does not feel this requirement is applicable to the subject application as the
additional fill is meant to be a permanent regarding of the 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 plans may include some fill placed immediately adjacent to the City right of way.
The applicant should ensure that the fill placed on the property, approximately 5 feet at
edge, will not interfere with City stormwater management or City maintenance. The
Director of Public Works inspected the site and seeks oversight of an adjacent
manhole.
If the grade is to be raised adjacent to the manhole just north of the driveway, the
manhole shall be raised to a point at least 3 inches above the new finished grade. The
applicant shall have approval of the Director of Public Works prior to issuance of a
zoning permit.
(c) Provision of a suitable bond or other security adequate to assure compliance with
the provisions of this Section.
Use of this provision may depend on whether any of the work is within or expect to
affect the City right of way of Spear Street.
(d) Determination of what shall constitute pre -construction grade under Section 3.07,
Height of Structures.
The pre -construction height for future development (though none is expected or
approved) will be the existing grade.
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/�
DECISION r
Motion by qc�
0 I'M V seconded by FIto approve
Miscellaneous aplSlication #MS-11- 2 of Stanley Gumienny, subject to the followirig 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 or this approval is null and void.
4. Any change to the site plan shall require approval by the South Burlington Development Review
Board.
5. The pre -construction height for future development will be the existing grade.
6. If the grade is to be raised adjacent to the manhole just north of the driveway, the manhole
shall be raised to a point at least 3 inches above the new finished grade. The applicant shall
have approval of the Director of Public Works prior to issuance of a zoning permit.
Mark Behr — yea/nay/abstain not pres�_pr�e
Matthew Birmingh —yea/nay a sta
John Dinklage
nay/abstain/not present
Roger Farley— Ue-,nay/abstain/not
present
Gayle Quimby — e
ay/abstain/not present
Michael Sirotk, —
e /nay/abstain/not present
Bill Stuono —"a
ay/abstain/not present
Motion carried by a vote of §_- 0 - 6.
Signed this day of
J&L.4'Lk
William Stuono, Acting Chairman
2011, by
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
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Division at 802-828-1660 or http://vermontiudiciary.org/GTC/environmental/defauIt.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.
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