HomeMy WebLinkAboutAgenda 08_MS-21-05 1068 Williston Rd_Champlain School Apartments Partnership#MS‐21‐05
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CHAMPLAIN SCHOOL APARTMENTS PARTNERSHIP – 1068 WILLISTON ROAD
MISCELLANEOUS APPLICATION #MS‐21‐05
FINDINGS OF FACT AND DECISION
Miscellaneous application #MS‐19‐04 of Champlain School Apartments Partnership to amend a previous
approval for encroachment into a class II wetland buffer. The amendment consists of changing the
purpose of the encroachment, 1068 Williston Road.
The Development Review Board held a public hearing on October 19, 2021. The applicant was
represented by ___.
Based on the plans and materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The proposed project is located within the Form Based Code T4 zoning district, meaning its site
plan will be reviewed administratively. No subdivision is necessary for the project. The Project
is proposed to consist of renovations to the existing Holiday Inn building at 1068 Williston Road,
construction of a new building located between the existing building and Williston Road, and
construction of a second new building located between the existing building and the hotel to the
east. The City’s Official Map includes a planned north‐south street extending opposite the
existing north end of Dorset Street, turning to the east within the first 150 feet. This new street
will be the primary frontage for the two new buildings and the renovated Holiday Inn.
2. The applicant previously received Development Review Board approval under 12.02 for 702
square feet of Class II wetland buffer impacts (MS‐19‐04). That approval included impacts to
Class II wetland buffers which are reviewed by State agencies and the applicant submitted the
relevant permit application for those impacts. The applicant had provided a wetland delineation
map, wetland data forms describing the functions and values of the impacted wetlands, and
project plans depicting the proposed impact.
12.02E Standards for Wetlands Protection
(1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas
is generally discouraged.
Under existing conditions, the proposed area of impact is used as a patio and area maintained as lawn.
The previous approval (MS‐19‐04) approved conversion to a landscape area. Under proposed
conditions, the area will be converted to building. Temporary impacts include installation of erosion
control measures.
(2) Encroachment into Class II wetlands is permitted by the City only in conjunction with
issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental
Conservation and positive findings by the DRB pursuant to the criteria in (3) below.
The Applicant has received authorization under the Vermont General Wetland Permit for the
proposed 670 square feet of Class II wetland buffer.
(3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers,
may be permitted by the DRB upon finding that the proposed project’s overall development, erosion
#MS‐21‐05
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control, stormwater treatment system, provisions for stream buffering, and landscaping plan
achieve the following standards for wetland protection:
(a) The encroachment(s) will not adversely affect the ability of the property to carry or store
flood waters adequately.
(b) The encroachment(s) will not adversely affect the ability of the proposed stormwater
treatment system to reduce sedimentation according to state standards;
(c) The impact of the encroachment(s) on the specific wetland functions and values identified
in the field delineation and wetland report is minimized and/or offset by appropriate
landscaping, stormwater treatment, stream buffering, and/or other mitigation measures.
The applicant’s state wetland permit application describes that the subject wetland serves as
flood/storm storage, wildlife habitat, and erosion control. The overall wetland complex is
approximately 12.5 acres. The proposed buffer area is less than 0.1% of the total area of the
wetland itself. When considering the wetland and associated buffers, the area of proposed
impacts is even smaller. The Board finds these criteria to be met.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan
approval. Section 14.06 establishes the following general review standards for all site plan applications:
None of the site plan review standards are affected by this application. All other standards will continue
to be met.
DECISION
The South Burlington Development Review Board hereby approves miscellaneous application #MS‐21‐05
of Champlain School Apartments Partnership, subject to the following stipulations:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. This project shall be completed as shown on the plan submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
3. The applicant shall obtain a site plan approval for the proposed project within six (6) months 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.
5. There shall be no use of herbicides, pesticides, and/or non‐organic fertilizers within either the
wetlands or the associated buffers.
6. Outside of the approved impacts, there will be no mowing within 50 feet of the wetlands nor can
the wetland buffer be turned into lawn. Brush‐hogging will be allowed no more than three (3) times
per year.
#MS‐21‐05
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7. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of
the South Burlington Land Development Regulations. In addition, the grading plan must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
Mark Behr Yea Nay Abstain Not Present
Dan Albrecht Yea Nay Abstain Not Present
Jim Langan Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Brian Sullivan Yea Nay Abstain Not Present
Stephanie Wyman Yea Nay Abstain Not Present
Motion carried by a vote of _ – _ – _.
Signed this ___ day of ____________, 2021, by
_____________________________________
Dawn Philibert, Chair
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 with the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must 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 Division at 802‐951‐1740 or
https://www.vermontjudiciary.org/environmental
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 802.477.2241 to speak with the regional Permit Specialist.
\\vhb\gbl\proj\SBurlington\57913.01 Larkin Holiday Inn\docs\Permits\Local Materials\Misc Application for Wetlands\Multi Family\Zoning Wetlands Application Cover Letter.docx
September 8, 2021
Marla Keene, P.E.
Development Review Planner
City of South Burlington
180 Market St.
South Burlington, VT 05403
Re: Holiday Inn Redevelopment, 1068 Williston Road, South Burlington
Miscellaneous Application Submittal for Wetland Buffer Impacts
Dear Marla,
Please find enclosed the Miscellaneous Application for wetland impacts associated with the Holiday Inn
Redevelopment Project. This application is being submitted to request a review and determination by the
South Burlington Development Review Board (DRB) regarding wetland impacts as regulated under Article
12 of the South Burlington Land Development Regulations (LDRs). We hereby request to be placed on
the agenda for the October 19, 2021 meeting of the DRB.
Description of Buffer Impacts:
The proposed buffer impacts are associated with redevelopment of the Holiday Inn site. Because the
Project lies with the T-4 Form Based Code District, Site Plan application review for the Project is currently
underway under Article 8 of the LDRs. In December 2019 the DRB approved 702 SF of impacts to the
wetland buffer due to earth disturbance for utility installation and minor regrading required along the
east property line. Under existing conditions, the buffer area is occupied by a patio and mowed lawn.
Under the revised proposed conditions, the patio will be removed, and the buffer area will be redeveloped
to include a mixed-use multifamily residential building. There are approximately 170 SF of temporary
wetland buffer impacts due to construction, and approximately 500 SF of permanent buffer impacts due
to the proposed building. A Vermont Wetland Permit, General Permit 3-9025, for these revised buffer
impacts was issued on September 7, 2021.
Holiday Inn Redevelopment
Ref: 57913.01
September 8, 2021
Page 2
\\vhb\gbl\proj\SBurlington\57913.01 Larkin Holiday Inn\docs\Permits\Local Materials\Misc Application for Wetlands\Multi Family\Zoning Wetlands Application Cover Letter.docx
Please find enclosed with this submission, the following items:
x Miscellaneous Application Form
x Notice of Authorization Vermont Wetland General Permit, General Permit 3-9025
x Vermont Wetlands Program General Permit #3-9025 Qualification Form
x “Wetland Waters Delineation Review Map” by VHB, dated 11/13/2018
x Sheet C6.01 “Erosion and Sediment Control Plan” by VHB, dated 7/29/2019, from DEC Application
The fee check for Miscellaneous DRB review in the amount of $123 is being mailed separately. Please feel
free to contact me with any questions or if any additional materials are required.
Sincerely,
Stephanie Wyman, PE
Civil Engineer
swyman@vhb.com
Cc: Champlain School Apartments Partnership, LLC (via email)
Peter Smiar, PE, Director of Land Development, Vermont, VHB (via email)
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2013-SC-12013-JB-32013-22013-42013-32013-JB-4FuAdEAdAMyCBrScBAdAAnHlBHlEScBAdAAdAINTERSTATE 89 SINTERSTATE 89 NWILLISTON RDINTERSTATE
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INTERSTATE 89 S ENTRANCE/EXITDORSET STLARCH RDINTERSTATE 89 SLARCH RDINTERSTATE 89 N ENTRANCE/EXITINTERSTATE 89 N ENTRANCE/EXITINTERSTATE 89 NWILLISTON RDINTERSTATE 89 NINTERSTATE 89 NINTERSTATE 89 S ENTRANCE/EXIT§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89§¨¦I-89South Burlington Holiday Inn SiteSouth Burlington, VermontWetland/Waters Delineation Review MapBackground Imagery by USDA NAIP (Collected in 2016)ANR (Vermont Agency of Natural Resources - Various Dates)*VCGI (Vermont Center for Geographic Information - Various Dates)*VTrans (Vermont Agency of Transportation - 2017)*VHB - 2015/2018*Obtained through VCGI (Vermont Open GeoData Portal)i0200400100 FeetNovember 13, 2018\\vhb\gis\proj\SBurlington\57644.00 Carpionato S. Burlington\gis\Project\Larkin-SoBu-2018 Review_rev.mxd2018 Delineation Review Study AreaDelineated Wetlands (VHB)Wetland Boundary (VHB)Presumed Class II Buffers (VHB)Delineated Streams (VHB)VSWVSWI Wetland (ANR)Waterbody (VCGI)Stream (VCGI)River Corridor (ANR)Soils (VCGI)2-Foot ContoursCounty Boundary (VCGI)Town Boundary (VCGI)Parcel Boundary (VCGI)Interstate (VTrans)US Route (VTrans)Vermont State Highway (VTrans)Town Road (VTrans)VHB Study AreaApproximately 11 Acres44.470847 -73.179807
Applicant Name: Champlain School Apartments
Partnership (c/o Joe Larkin)
Project Number: 2018-826
NOTICE OF AUTHORIZATION
VERMONT WETLAND GENERAL PERMIT
GENERAL PERMIT 3-9025
VERMONT AGENCY OF NATURAL RESOURCES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
A determination has been made that the applicant:
Champlain School Apartments Partnership (c/o Joe Larkin)
410 Shelburne Road
Burlington, VT 05401
meets the criteria necessary for inclusion under Vermont General Wetland Permit
#3-9025. Hereinafter the named applicant shall be referred to as the permittee. Subject
to the conditions of General Permit # 3-9025, the permittee is authorized to alter the Class
II wetland and associated 50-foot buffer zone located on Williston Road in South
Burlington, Vermont as described in the application for authorization dated 8/6/2021.
This authorization is for reconstruction of the existing Holiday Inn Hotel and
construction of a new mixed use, multi family residential building with impacts to
0 square feet of wetland and 670 square feet of buffer zone of which 500 square
feet are permanent impacts and 170 square feet are temporary impacts.
Public notice of the application was given in accordance with Section 9.7 of the Vermont
Wetland Rules. Any comments received during the public comment period were
considered during review of the application and issuance of this authorization.
Compliance with General Permit 3-9025 and this Authorization
Under 10 V.S.A. §901 et. seq. and the Vermont Wetland Rules, the Secretary may
authorize activities in a significant wetland or in its adjacent buffer zone if the Secretary
determines that it complies with the Wetland Rules and will have no undue adverse effect
on the protected functions and values. The Secretary has determined that the proposed
project complies with the above and will have no undue adverse impacts to the protected
functions and values of the subject Class II wetlands or the adjacent wetland complex. If
the project is constructed according to the permit application and the conditions of this
authorization, the permitted activity is not expected to result in any violations of the
Vermont Water Quality Standards.
The permittee shall comply with this authorization and all the terms and conditions of
General Permit 3-9025. Any permit non-compliance constitutes a violation of 10 V.S.A.
Chapter 37 and the Vermont Wetland Rules and may be grounds for an enforcement
action or revocation of this authorization to discharge. The following General Conditions
(§IX of Wetland General Permit 3-9025) shall apply:
Wetland Project # 2018-826
Champlain School Apartments Partnership (c/o Joe Larkin)
VT GP #3-9025 Page 2 of 3
A. All activities shall be completed, operated and maintained in accordance with
the permittee’s Notice of Intent and the conditions of this general permit. No
material or substantial changes shall be made in the project without the written
approval of the Vermont Department of Environmental Protection Wetlands
Program.
B. The permittee shall notify the Vermont Wetlands Program in writing prior to
the start of this project and upon completion of the project. The notification of
completion shall include a statement that the project was constructed in
compliance with the conditions of this general permit and the authorization.
C. The Required Best Management Practices in §V of the general permit shall be
used to comply with this general permit.
D. The permittee shall record its issuance notice under this general permit in the
land records of the town(s) in which all affected lands are located. Any future
deed for such lands shall reference the authorization. Within 30 days of the date
of issuance of the authorization under this general permit, the permittee shall
supply the Vermont Wetlands Program with a copy of the recording of the
notice1.
E. The Agency maintains continuing jurisdiction over a project authorized under
this general permit and may at any time order remedial measures if it appears
likely that undue adverse impacts to protected wetland functions and values are or
will occur.
F. Authorization under this general permit does not relieve the permittee of the
responsibility to comply with any other applicable federal, state, and local laws,
regulations, and permits.
G. By acceptance of an authorization under this general permit, the permittee
agrees to allow Agency representatives access to the property covered by the
authorization, at reasonable times and upon presentation of credentials, for the
purpose of ascertaining compliance with the authorization, this general permit, the
Vermont Wetland Rules and the Vermont Water Quality Standards and for the
purpose of reviewing and copying all records required to be prepared pursuant to
this general permit.
H. The Agency, by issuing this general permit and any authorization hereunder,
accepts no legal responsibility for any damage direct or indirect of whatever
nature and by whomever suffered arising out of the approved project.
I. The Secretary may, after notice and opportunity for a hearing, revoke or
suspend, in whole or in part, an authorization under this general permit for cause,
including, but not limited to:
1. Violation of the terms or conditions of this general permit;
2. Obtaining authorization by misrepresentation or failure to fully disclose
all relevant facts;
1 Reporting forms are located here: https://anronline.vermont.gov/
Wetland Project # 2018-826
Champlain School Apartments Partnership (c/o Joe Larkin)
VT GP #3-9025 Page 3 of 3
3. A change in any condition that requires either a temporary or permanent
reduction or elimination of the authorized activity.
Rights to Appeal to the Environmental Court
Pursuant to 10 V.S.A. Chapter 220, an aggrieved person shall not appeal an authorization
under this permit to the Environmental Division of the Vermont Superior Court unless
the person submitted to the Secretary a written comment during the applicable public
comment period or an oral comment at the public meeting conducted by the
Secretary. Absent a determination of the Environmental judge to the contrary, an
aggrieved person may only appeal issues related to the person’s comments to the
Secretary as prescribed by 10 V.S.A. § 8504(d)(2). Any appeal of this decision must be
filed with the clerk of the Environmental Court within 30 days of the date of the
decision. The Appellant must attach the applicable entry fee payable to the State of
Vermont to the Notice of Appeal. The Notice of Appeal must specify the parties taking
the appeal and the statutory provision under which each party claims party status; must
designate the act or decision appealed from; must name the Environmental Court; and
must be signed by the appellant or their attorney. In addition, the appeal must give the
address or location and description of the property, project or facility with which the
appeal is concerned and the name of the applicant or any permit involved in the
appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with
Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further
information, see the Vermont Rules for Environmental Court Proceedings, available on
line at www.vermontjudiciary.org. The address for the Environmental Court is 32 Cherry
Street, 2nd Floor, Suite 303, Burlington, VT 05401 (Tel. # 802-951-1740).
Effective Date and Expiration Date of this Authorization
This authorization shall become effective on September 7, 2021 and shall continue for
five years until September 7, 2026.
Dated at Montpelier, VT this seventh day of September, 2021.
Peter Walke, Commissioner
Department of Environmental Conservation
By ______________________________________
Laura Lapierre, Program Manager
Wetlands Program
Watershed Management Division
1. General Permit Eligibility Checklist:
If you cannot verify all of the following, stop and proceed to the Individual Permit Application.
The activity does not qualify as an Allowed Use under Section 6 of the Vermont Wetland Rules.
The activity does not need additional conditions to protect functions and values.
All impacts have been avoided and minimized to the greatest extent possible.
The wetland complex is not significant for Function 5.5 Exemplary Wetland Natural Community or 5.6
Rare, Threatened and Endangered Species Habitat, or applicant has received a waiver letter from VT Fish
and Wildlife. (attach waiver)
The activity is not located in or adjacent to a vernal pool, fen, or bog.
The wetland is not at or above 2,500’ in elevation (headwaters wetland).
The project is not located in a Class I wetland or associated buffer zone.
The activity is not an as-built project that constitutes a violation of the Vermont Wetland Rules.
The activity is not associated with an activity which received a Wetland Permit.
2. Project Type (as described in General Permit )
3. Wetland Type Proposed for Impact
4. 50ft Wetland Buffer Proposed for Impact
Activity Threshold based on the selections above, select the appropriate threshold. If the activity is greater
than the thresholds below, stop and proceed to the Individual Permit Application. eg: Project type is non-linear,
wetland and buffer type is managed and natural, and total impacts are 700 sqft Æ choose option (d) below.
(a) The total activity impacts proposed are <3,000 square feet of managed wetland or buffer and will not
exceed 999 square feet of natural wetland or buffer and will not exceed 149 square feet of surface water
margins.
(b) The activity is associated with a linear project and total activity impacts proposed are <5,000 square
feet of managed wetland or buffer and will not exceed 2,999 square feet of natural wetland or buffer and will
not exceed 149 square feet of surface water margins.
6. Section 8B Specific Activity Best Management Practices All permittees covered under the VT Wetland
General Permit must implement best management practices (BMP) under section V. of the permit. Here,
identify if the proposed activity must implement special BMPs in accordance with Section 8B
8B(a) Placement, relocation, removal, or upgrade of overhead utility lines
8B(b) Installation of underground facilities including utilities, dry hydrants, foundation drains, and wells
8B(c) Activities in surface water body margins
None Apply
The Secretary may require a person applying for an authorization under a general permit to apply for an individual permit.
VWR §9.8.&RQWDFW\RXU'LVWULFW(FRORJLVWWRYHULI\HOLJLELOLW\EHIRUHVXEPLWWDO
Vermont Wetlands Program
General Permit
Qualification Form
Under Sections 9
of the Vermont Wetland Rules
VWP GP 3-9025 NOI Application 'HFHPEHU
Page 1
1RSDUWLDOUHIXQGVZKHQ
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Non-Linear Project
<Choose Secondary><Choose Primary>
<Choose Secondary>Managed Area
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Application Submittal Instructions
Applicant Name: Application Preparer Name:
Town where project is located: County:
Span#: $VIRXQGRQ\RXUSURSHUW\WD[ELOO Vermont Wetlands Project (VWP)# if Known:
Project Location Description:
911 street address or direction from nearest intersection
Brief Project Summary:
3URMHFW&RQWDLQV: Wetland Determination V
([LVWLQJ/DQG8VH7\SH(s):(Check all that apply) Residential (single family) Residential (subdivision)
Undeveloped Agriculture Transportation Forestry Parks/Rec/Trail Institutional Industrial/Commercial
Proposed Land Use Type(s): (Check all that apply) Residential (single family) Residential (subdivision) Undeveloped
Agriculture Transportation Forestry Parks/Rec/Trail Institutional Industrial/Commercial
Proposed Impact Type(s): (Check all that apply) Buildings Utilities Parking Septic/Well Stormwater
Driveway Park/Path Agriculture Pond Lawn Dry Hydrant Beaver Dam Alteration Silviculture
Road Aesthetics No Impact Other:_______________________
Wetland and Buffer Impact Type: (Check all that apply) Dredge Drain Cut Vegetation Stormwater
Trench/Fill Other:_______________________________
Wetland Improvements Buffer Zone Improvements Reason for Improvements
Restoration: s.f. Restoration: s.f. Correction of Violation
Creation: s.f. Creation: s.f. To offset permit impacts
Enhancement: s.f. Enhancement: s.f. Voluntary
Conservation: s.f. Conservation: s.f.
Wetland 5HYLHZ Fee Calculations:Round to the nearest square foot. Fees will auto-calculate.
Total Wetland Impact
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Total Wetland Clearing
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&DOFXODWHGDW$0.25SHUVTXDUHIRRW
Additional Fees
(0D[LPXP fee of $200.000LQLPXP)$
Minimum 5HYLHZ Fee:($50.00)
Required when total impact fee is less than $50.00
$
Administrative Fee:$
Make Checks Payable to: State of Vermont
Total )HH Amount:$
Vermont Wetlands Program
Permit Application Database Form
Under Sections 8 and 9
of the Vermont Wetland Rules
VWP GP 3-9025 NOI Application 'HFHPEHU
Page 2
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Champlain School Apartments Limited (c/VHB (A. Slaney)
South Burlington Chittenden
600-188-12745 and 600-188 2018-826
3.7 acre Holiday Inn Site along 1068 Williston Road in South Burlington,Vermont
The Project includes updating the previously approved redevelopment project to include an additonal new
mixed use building on the site.
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October 26,2018 (field reivew;origin
0.00
0.00
670 167.50
0.00
0.00
240.00
407.50
0.00
0.00
0.00
167.50670
Application for Authorization Under
the Vermont General Wetland Permit
and Determination Petition
Under Sections 8 and 9
of the Vermont Wetland Rules
Refund Policy 3OHDVHIXOO\UHYLHZEHIRUHPRYLQJIRUZDUGZLWK$SSOLFDWLRQ
If an application is modified, withdrawn or denied after technical review has commenced, all fees are retained.
If an application is withdrawn prior to administrative review, all fees will be refunded.
If an application is withdrawn after administrative review but prior to commencement of technical review, deemed
administratively incomplete and returned to the applicant, or determined that a permit is not required; administrative fees
are retained, and permit application review fees will be refunded.
By checking this box, the applicant certifies that they have read and understands the refund policy
Applicant Information: If the applicant is someone other than the landowner, the landowner information must be included below
Applicant Name:
Address:City/Town: State Zip:
Phone Number:Email Address:
(Required to receive notices via Environmental Notice Bulletin)
Applicant Certification:
By signing this application, you are certifying that all information contained within is true, accurate, and complete to the best of your knowledge.
For General Permit NOI applications which require a wetland determination only: By checking this box, the applicant
certifies that all adjoining landowners have been provided an official notice via US mail prior to the submission of this application
Applicant Signature:Date:
Landowner Information: Landowner must sign the application. If landowner is different from the applicant this section must be filled out
Check this box if landowner is the same as the applicant
Landowner Name:
Address:City/Town State: Zip:
Phone Number: Email Address:
(Required to receive notices via Environmental Notice Bulletin)
Landowner Easement: Attach copies of any easements, agreements, or other documents conveying permission, and agreement with the
landowner stating who will be responsible for meeting the terms and conditions of the permit. List the attachment for this information in this
section. Describe the nature of the agreement or easement in the space provided below:
Landowner Certification:
By signing this application, you are certifying that all information contained within is true, accurate, and complete to the best of your knowledge.
Original signature is required.
Landowner Signature:Date:
Application Preparer Information: Consultant, engineer, or other representative that is responsible for filling out the application, if other
than the applicant or landowner.
Application Preparer Name:
Address:City/Town State: Zip:
Phone Number: Email Address:
(Required to receive notices via Environmental Notice Bulletin)
Application Preparer Certification:
By signing this application, you are certifying that all information contained within is true, accurate, and complete to the best of your knowledge.
Original signature is required.
Application Preparer Signature: Date:
VWP GP 3-9025 NOI Application 'HFHPEHU
Page 3
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Champlain School Apartments Partmenrship(c/o Joe Larkin)
410 Shelburne Road Burlington Vermont 05401
(802)864-7444 joelarkin@larkinrealty.net
8/6/21
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8/6/21
VHB (A. Slaney)
40 IDX Drive Building 100,Suite 200 South Burlington Vermont 05403
(802)497-6100 aslaney@vhb.com
8-6-21
1.Location of Wetland and Project: (Individual Permit Application [IPA] Section 1)
Location description should include the road the wetland is located on, the compass direction of the wetland in
relation to the road, 911 street address if available, and any other distinguishing features.
2. Program Contact: (IPA Section2)
Indicate here if you have been in contact with the Wetlands Program before the application submittal.
2.1 Date of Interaction with State Wetland
Ecologist
2.2. State Wetland Ecologist Name
3. Wetland Classification:(IPA Section 3),IWKHZHWODQGLVSUHVXPSWLYH XQPDSSHG \RXDUHUHTXLUHGWRILOORXWVHFWLRQ
3.1. The wetland is a class II wetland because: (IPA Section 3.1)
3.2. Section 4.6 Presumption (IPA Section 3.2)
If the wetland meets the Section 4.6 Presumption, it does so because:
4. Description of Entire Wetland: (IPA Section 4)
Answer the following questions regarding the entire wetland, which includes all wetland areas connected to the wetland
area proposed for impact. Answers may be estimates based on desktop review when wetland extends past the
investigation area (parcel boundary). Specific questions about the wetland in the project area will follow.
4.1. Size of Complex in Acres: (IPA Section 4.1)
The size of the complex can be obtained from the Wetland Inventory Map for mapped wetlands, or best
estimation based on review of aerial photography or site visit. This is not the size of the of the delineated
wetland on the subject property unless the entirety of the wetland is represented in the delineation.
4.2. Vegetation Cover Types Present: (IPA Section 4.2)
List all wetland types in the entire wetland and their percent cover.
For example: 50 acres of softwood forested swamp; or 30% scrub swamp, 70% emergent wetland
4.3. Pre-project Cumulative Impacts to the Wetland:(IPA Section 4.7)
Identify any cumulative ongoing impacts outside of the proposed project that may influence the wetland.
Examples include but are not limited to: Wetland encroachments on and off the subject property,
land use management in or surrounding the wetland, or development that influences hydrology or water
quality. List any past Vermont Wetland Permits or CUD’s related to thisproperty.
5. Context of Subject Wetland: (IPA Section 5.1)
Describe where the subject wetland is in the context of the larger wetland or wetland complex described above.
For example: Upslope/downslope, narrow eastern “finger”, 400 ft. from open water portion.
6. Subject Wetland Vegetation: (IPA Section 5.3)
List dominant wetland vegetation cover type and associated dominant plant species. For example: emergent marsh
with cattails; forested swamp dominated by red maple and yellow birch; shrub swamp dominated by speckled alder and
peat moss; wet meadow dominated by reed canary grass.
VWP GP 3-9025 NOI Application 'HFHPEHU
Page 4
The subject wetland is located within the wooded area north/northeast of the proposed Project (1068 Williston Road) and
approximately 475 feet east of Interstate 89 in South Burlington
December 3, 2014 L.Lapierre (DEC), M.Abair (USACE, retired), P.Kallfelz-Werts
(VHB)
The wetland is contiguous to a VSWI mapped wetland
a. Wetland is of the same type and threshold size as those mapped on VSWI maps; or greater than 0.5 acres.
b. The wetland contains woody vegetation and is adjacent to a stream, river, or open body of water.
c. The wetland contains dense,persistent, non-woody
The wetland complex is approximately 12.5 acres (derived from aerial imagery, topographic contours derived from LiDAR,
ANR-mapped VSWI, and off-site wetlands data).
Forested wetland 10%; Scrub-shrub wetland 40%; Emergent wetland 50%
The wetland is adjacent to 2 major traffic roadways, Interstate 89 and US Route 2; hydrology from the wetland complex is conveyed
north and eventually northwest, under I-89 toward the Winooski River. The southern portion of the wetland complex is located
adjacent to the existing subject hotel complex and infrastructure as well as an additional existing hotel complex is located east of the
Wetland 2013-3 (subject wetland) is a located in a narrow basin, in the southern tip of the wetland complex.
PFO: Acer negundo, Acer rubrum, Fraxinus pensylvanica
PSS: Cornus amomum, Lonicera spp., Rhamnus cathartica, Alnus incana
PEM: Phragmites australis, Impatiens capensis, Onoclea sensibilis
7. Buffer Zone: (IPA Section 5.6)
Describe the buffer zone of the subject wetland
7.1 Buffer Land Use: (IP Section 5.6.1)
For example: Mowed shoulder, forested, old field, paved road, and residential lawns, etc.
Describe any previous and ongoing disturbance in the buffer zone.
8. Wetland Function Summary: (IPA Section 6)
Check which functions are present in the wetland complex
Flood/Storm Storage RTE Species
Surface & GroundwaterProtection Education & Research
Fish Habitat Recreation/Economic
Wildlife Habitat Open Space/Aesthetics
Exemplary Natural Community Erosion Control
9. Overall Project Description: (IPA Section 17)
9.1. Overall Project Purpose: (IPA Section 17.1)
Description of the basic project.
For example: six-lot residential subdivision; expansion of an existing commercial building, building
a single-family residence.
10. Project Details: (IPA Section 18)
Provide details regarding specific impacts to the wetland and buffer zone.
10.1. Specific Impacts to Wetland and Buffer Zone Dimensions: (IPA Section 18.1)
List portions of the project that will specifically impact the wetland or buffer zone and their dimensions.
For example:driveway crossing with 16’ wide fill, installation of buried sewer force main with 5’ trench
Including fill footprint.
10.2. Bridges and Culverts: (IPA Section 18.2)
Culvert circumference, length, placement and shapes, or bridge details. List any stream alteration
permits that are required or obtained where perennial streams or rivers are involved.
VWP GP 3-9025 NOI Application 'HFHPEHU
Page 5
The buffer zone includes a mix of naturally forested upland; and landscaped/ mowed lawns and parking adjacent to the existing hotel.
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The Project includes the construction of a mixed use multifamily residential building, new 5-story,101-room hotel building and
renovation and reconstruction of the existing Holiday Inn building into a 100 room hotel with new lobby. The existing lobby and
conference center portion of the existing building would be demolished. The existing access driveway is being relocated to the east
and will construct as a future city support street. The Project also includes improved landscape, pedestrian, and stormwater treatment
upgrades.
The Project would avoid all impacts to wetland but would result in minimal impacts to a Class II buffer area, associated with a small
section of the proposed multifamily residential building development.
There are no bridges of culverts proposed as part of the Project.
1. Wetland and Buffer Zone Impacts:(IP$ Section 19)
1.1. Wetland Impacts:(IP$ Section 19.1)
Summarize the square footage of impact in the appropriate category. Round to nearest square foot
Describe in detail the proposed impact to wetlands
For example:Fill for road crossing, temporary impacts for trench and fill related to utility installation.
Permanent Wetland Fill s.f.
Temporary Wetland Impact s.f.
Other Permanent Wetland Impact
(this number includes clearing of woody
vegetation, dredging, and does not include fill)
s.f.
Total Wetland Impact:s.f.
1.2. Buffer Zone Impacts:(IP$Section 19.2)
Summarize the square footage of impact in the appropriate category.
Describe in detail the proposed impact to buffer zones
For example: Addition of fill along roadway embankment extending into buffer zone.
Temporary Buffer Impact s.f.
Permanent Buffer Impact s.f.
Total Buffer Impact:s.f.
1.3. Cumulative Impacts:(IP$Section 19.3)
List any potential cumulative or ongoing, direct and indirect impacts on the functions of the wetland.
For example: Increased noise from parking lot, vegetation management, inputs from stormwater pond
outlet, reduction in flood storage volume from the addition of fill from the project.
VWP GP 3-9025 NOI Application 'HFHPEHU
Page 6
The Project will avoid impacts to wetlands.
0
0
0
0
Permanent Class II wetland buffer impacts resulting from the development of a mixed use multifamily residential building, and
temporary Class II wetland buffer impacts resulting from construction access and erosion prevention and sediment control measures.
170
500
670
The Project area is located within a developed/ urban area, adjacent to existing high traffic roadways, including Interstate I-89 and US
Route 2; the adjacent wetlands and buffers receive stormwater runoff from the road, adjacent developments, and other associated
impervious surfaces. The wetlands and buffer include existing, extensive infestations of non-native invasive species; the Study Area
also includes the existing Holiday Inn and associated hotel infrastructure (e.g., utilities and parking).
1. Mitigation Sequence:(IP$Section 20)
Please refer to Section 9.5b of the rules on Mitigation Sequencing for this section.
1.1. Avoidance of Wetland Impacts:(IP$Section 20.1)
1.1.1. Can the activity be located on another site owned or controlled by the applicant, or
reasonably available to satisfy the basic project purpose? If not, indicate why. Cite any
alternative sites and explain why they were not chosen.
1.1.2. Can the proposed activity be practicably located outside the wetland/buffer zone? If
not, indicate why. Explain the alternatives you have explored for avoiding the wetland
and buffer onsite, And why they are not feasible.
1.2. Avoidance to the Impact to Functions and Values:(IP$ Section 20.2)
1.2.1. If the proposed activity cannot be practicably located outside the wetland/buffer zone,
have all practicable measures been taken to avoid adverse impacts on protected
functions?
Yes No
1.2.2. What design alternatives were examined to avoid impacts to wetland function?
For example:Use of matting, relocation of footprint, etc.
1.2.3. What steps have been taken to minimize the size and scope of the project to avoid
impacts to wetland functions and values? Include information on project size reduction
and relocation.
1.2.4. Explain how the proposed project represents the least impact alternative design.
Explain why other alternatives, which you described above, were not chosen.
VWP GP 3-9025 NOI Application 'HFHPEHU
Page 7
No, the purpose of the Project is to re-develop the existing hotel complex,therefore the Project cannot be feasibly located on another
site.
The current hotel complex development extends to the parcel boundaries making site design inflexible, therefore impact to wetland
buffer in this area is unavoidable as there is no room on the parcel for expansion elsewhere.
The Project avoided all impacts to wetlands and the small intrusion within the buffer area will occur in a managed area where function
has already been compromised by current use. No naturalized Class II areas will be impacted. Therefore the Project would not have
any adverse or undue impact to wetlands or wetland function.
Wetland impacts were avoided and only minimally intruded into buffer area where necessary to facilitate Project construction,
furthermore the buffer, in this area, is already maintained as part of the existing facility. The Project has a site specific Erosion
Prevention and Sediment Control (“EPSC”) Plan and a construction stormwater permit will be obtained from ANR prior to
construction. The Project plans and/or the EPSC plan includes measures for resource demarcation and EPSC measures to protect
adjacent wetlands and waters. Furthermore, the newly designed stormwater treatment will more efficiently treat and retain water.
The Project cannot be constructed without impacts to a Class II buffer due to parcel constraints, however as described above, the
Project has minimized the overall footprint through the use of the minimal area necessary for construction in order to minimize
unavoidable impacts.
13. Wetland Determination:(IP$Section 21)
All applications for impacts to SUHVXPSWLYHunmapped, non-contiguous wetlands require a wetland determination for
Class II.Please answer the following questions for applications involving a wetland determination.GIS shapefiles DQG
:HWODQGV(YDOXDWLRQ)RUPVmust beincluded for determinations.$GMRLQLQJODQGRZQHUVPXVWEHQRWLILHG
Wetland is mapped or contiguous to the Vermont Significant Wetland Inventory Map
Wetland is not mapped on or contiguous to the Vermont Significant Wetland InventoryMap
13.1. Reason for Petition:(IP$Section 21.1)
Please choose one from the dropdown menu.
13.2. Determination Narrative:(IP$Section 21.2)
Please provide any narrative to support the petition for a wetland determination here, including
previous decisions by the Secretary or Water Board. Determinations are made based on an evaluation of
the functions and values present. Add a narrative description on the functions listed in section 8 of this
application and described in section 5 of the Vermont Wetland Rules. For example: Wetland provides
water storage and surface water protection because it is large in size, concave, and naturally vegetated.
13.3 Vermont Significant Wetland Inventory (VSWI) Mapping Attribute Information:(IP$Section 21.3)
If attribute data is not included with the shapefile it is required to be listed here.
Please selectDGG wetland attribute information to be included on the VSWI from the dropdown listV
EHORZFor information on how to create a shapefile from the VSWI go to our website:
httpV://dec.vermont.gov/watershed/wetlands/maps
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VWP GP 3-9025 NOI Application 'HFHPEHU
Page 8
<Choose One>
A wetland determination is not being requested at this time. The subject wetland is contiguous to the VSWI mapped wetland to the
northwest of the development.
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14. Supporting Materials:(IP$Section 22)
**ADDITIONAL MATERIALS REQUIRED TO CALL APPLICATION COMPLETE
14.1. **Location Map:(IP$Section 22.1)
Provide a location map that is 8 ½” x 11” and separate from any site plans.
The Vermont Natural Resources Atlas is appropriate using USGS topography map base layer,
roads, and VSWI wetlands.
Date Title
14.2. **Site Plan(s):(IP$Section 22.2)
Please list by date, date of last revision, author, and title. Plans must include wetland delineation
and buffer zones, limits of disturbance, erosion controls, building envelopes, and any permanent
memorialization.
Title Author Date Last Revision Date
14.3. Other Supporting Documents:(IP$Section 22.4)
Provide any other documentation that supports the application.
Examples include but are not limited to: Photographs, easements, agreements, restoration/plan,
GIS shapefiles, additional ACOE forms.
Date Last Revision Author Title
VWP GP 3-9025 NOI Application 'HFHPEHU
Page 9
6/9/2018 01 Larkin Hoilday Inn USGS Location Map
02 Larkin Holiday Inn Site Plans VHB 9/4/2019 2/24/2021
03 Larkin Holiday Inn VWP Impact Exhibit VHB 9/4/2019 7/29/2021
11/13/2018 VHB 04 Larkin Hoilday Inn Delineation Map
2013/2018 VHB 05 Larkin Holiday Inn USACE Data Sheets
1/4/2019 VHB 06 Larkin Holiday Inn Site Photographs
Submit Application