HomeMy WebLinkAboutAgenda 06_MS-21-04_1195 Shelburne Rd_cover memo
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TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: #MS‐21‐04 1195 Shelburne Road Stream Alteration and Drainage
Improvements
DATE: November 2, 2021 Development Review Board meeting
Larkin Realty, hereinafter referred to as the applicant, is seeking miscellaneous approval for stream
alteration and stormwater drainage improvements at 1195 Shelburne Road. The complete application
was submitted on August 9, 2021 and scheduled for the September 8, 2021 hearing. The applicant twice
requested continuation in order to allow more time to prepare responses. The Board has not previously
discussed this application, though it is technically a continued hearing.
The most important decision for the Board is to determine whether stream buffer encroachment is
allowed. The LDR allows stream buffer encroachment under a very limited set of circumstances, as
defined in 12.01C(4) New Uses and Encroachments Within Stream Buffers. 12.01C(2) states the
following:
12.01C(2) General standards. It is the objective of these standards to promote the establishment
of heavily vegetated areas of native vegetation and trees in order to reduce the impact of
stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the City’s
streams and Lake Champlain. Therefore, except as specifically permitted by the DRB pursuant to the
standards in Section 12.01(C)(3), (C)(4), (D) and/or (E) below1, all lands within a required stream
buffer defined above shall be left in an undisturbed, naturally vegetated condition. Supplemental
planting and landscaping with appropriate species of vegetation to achieve these objectives shall
be permitted.
If the Board finds that the proposed encroachment is not permitted under 12.01C(4), Staff considers
there is no reason to review the specifics of the design or consider whether alternative designs are
needed. Discussion of this issue is found in Staff Comment #5 of the enclosed report.
1 12.01C(3) pertains to expansion of pre‐existing structures such as headwalls. 12.01(D) pertains to work within
the mean high water elevation of Lake Champlain, and 12.01(E) pertains to work within 150‐ft of Tributary 3 of
Potash Brook, leaving only 12.01C(4) as potentially applicable.