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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 #MS-11-02 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. 2 C #MS-11-02 /� 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 #MS-11-02 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. 11