HomeMy WebLinkAboutMS-10-05 - Decision - 1520 Spear Street#MS-10-05
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ANDREW SHAW - 1520 SPEAR STREET
MISCELLANEOUS APPLICATION #MS-10-05
FINDINGS OF FACT AND DECISION
Andrew Shaw, hereafter referred to as the applicant, is seeking miscellaneous, after -the -
fact approval to alter the existing grade by adding 1200 cubic yards of fill to the property,
1520 Spear Street. The Development Review Board held a public meeting on Tuesday,
July 6, 2010. The applicant was present at the meeting. 1-�
Based on testimony provided at the public meeting and the plans and supporting
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 is seeking miscellaneous, after -the -fact approval to alter the existing
grade by adding 1200 cubic yards of fill to the property, 1520 Spear Street.
2. The owner of record of the subject property is Andrew Shaw.
3. The subject property is located in the Southeast Quadrant (SEQ) Zoning District.
4. The application was received on June 11, 2010.
5. The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"Deb & Andy Shaw 1520 Spear St. South Burlington VT", prepared by Redworks, dated
6/8/10.
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.
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#MS-10-05
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
filled or removed, and the existing grade and proposed grade created by removal
or addition of material.
The plan submitted by the applicant shows the location and the new grade of the
additional fill.
(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 applicant has noted that this fill is used to level off the front lawn. A time limit on the
placement of the fill is not necessary.
(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 proposed location of the fill is centrally located on the property. No further action
with regards to this criterion is necessary.
(c) Provision of a suitable bond or other security adequate to assure compliance
with the provisions of this Section.
This requirement is not necessary for the subject application.
(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.
OTHER
The fill extends into the City right-of-way. The Director of Public Works has visited the
site and has stated that he has no objections to the application.
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#MS-10-05
DECISION
Motion by �� 1 I « ���M�?` seconded by C7� '` , to
approve Miscellaneous application #MS-10-05 of Andrew Shaw subject to the following
conditions:
1. All previous approvals and stipulations, which are not superseded by this approval,
shall remain in effect.
2. This 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) pursuant to Section 17.04 of
the Land Development Regulations or this approval is null and void.
4. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — yea/nay/abstain/not present __
Matthew Birmingha — yea/nay/abstain/not present
John Dinklage
e nay/abstain/not present
Roger Farley —
e /nay/abstain/not present
Eric Knudsen —
e ay/abstain/not present
Gayle Quimb
a nay/abstain/not present
Bill Stuono — e
nay/abstain/not present
Motion carried by a vote of
Si(
0, by
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $250.00. 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 VSA 4472 (d) (exclusivity of remedy;
finality).
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