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HomeMy WebLinkAboutMS-10-08 - Decision - 1840 Spear StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC. - 1840 SPEAR STREET MISCELLANEOUS APPLICATION #MS-10-08 FINDINGS OF FACT AND DECISION South Village Communities LLC, hereafter referred to as the applicant, is seeking miscellaneous approval to alter the grade by adding 55 cubic yards of fill to lot #1, 1840 Spear Street. The Board held meetings to this application on September 21, 2010. The applicant was represented by: David Marshall, Civil Engineering Associates. 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. The applicant is seeking miscellaneous approval to alter the grade by adding 55 cubic yards of fill to lot #1, 1840. 2. The owner of record of the subject property is South Village Communities, LLC. 3. The subject property is located in the SEQ Zoning District. 4. The plans submitted included two (2) 81/2" X 11" plans showing the proposed grading and erosion control features. DIMENSIONAL REQUIREMENTS 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 shall 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 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. #MS-10-08 The applicant has submitted an 8 '/2" x 11" sheet showing only the portion of the property with the proposed change in grade due to the addition of fill. The existing and proposed grade changes are shown. It appears that the addition of fill will result in a steeper bank, falling away the recently approved 12-unit building on Aiken Street and towards the subject lot. (2) The Development Review Board, in granting approval shall 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 re -grade the subject lot. For this reason, a time limit on the placement of the fill is not warranted. (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 applicant has submitted an 8'/2" x 11" sheet showing an area with "erosion control matting, loam seed (typ)," typical details have not been submitted at this time. The applicant will submit a typical detailing the proposed seeding and other rehabilitation of the site after the placement of the fill. (c) 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. DECISION Motion by C� tz �� I�% seconded by k6>cl>5_R � to approve Miscellaneous application #MS-1 -08 of South Village, LLC., subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect. 2. The applicant shall obtain a zoning permit within six (6) months or this approval is null and void. 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. a. The plan shall be revised to show the details of the erosion control and seeding proposed for the rehabilitation of the site after placement of the fill. 4. The pre -construction height for future development will be the existing grade. 5. 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. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board. 2 #MS-10-08 Mark Behr —(, eonay/abstain/not present Matthew Birmingham —( eonay/abstain/not present John Dinklage nay/abstain/not present Roger Farley — e nay/abstain/not present Eric Knudsen — e ay/abstain/not present Gayle Quimb — e nay/abstain/not present Bill Stuono —ye nay/abstain/not present Motion carried by a vote of I- d - v Signed thisday of 2010, by John Dinklage, Chairman 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).