HomeMy WebLinkAboutSP-22-028 - Supplemental - 0004 Harbor View Road (2)CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SP-22-028_4 Harbor View Rd_Rieley Cohen Ptsp_SC_2022-
10-18.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: October 12, 2022
Plans received: October 5, 2022
4 Harbor View Rd
Site Plan Application #SP-22-028
Meeting date: October 8, 2022
Owner/Applicant
Rieley Cohen Partnership, LLC
PO Box 4279
Burlington, VT 05406
Engineer
TCE
478 Blair Park Road
Williston, VT 05495
Property Information
Tax Parcel 0780-00004
Commercial 2 Zoning District, Transit Overlay District
Location Map
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PROJECT DESCRPTION
Site plan application #SP-22-028 of Rieley Cohen Partnership, LLC to amend a previously
approved site plan for a 13,000 sf contractor or building trade facility with outdoor storage. The
amendment consists of constructing a 5,500 sf addition and additional outdoor storage, 4
Harbor View Road.
CONTEXT
This project is subject to Site Plan Review Standards, and Transit Overlay District. The property
most recently received site plan approval #SP-19-41 to change the use to a contractor or building
trade facility and construct an accessory structure.
This project was continued without being heard from June 6, 2022 to allow the applicant to
proactively address staff comments and to coordinate with the State Stormwater Department on
stormwater treatment and management. The applicant submitted a full set of revised materials
on October 5, including a line by line response to the June 6 comments, which have been woven
into but not quoted in these staff comments. These staff comments also reflect the revised plans.
COMMENTS
Planning Director Paul Conner and Development Review Planner Marla Keene (“Planning Staff”)
have reviewed the plans submitted on 10/5/2022 and offer the following comments. Comments
for the Board’s attention are indicated in red.
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
The project is located in the C2 zoning district.
Commercial 2 Zoning District Required Proposed
Min. Lot Size 40,000 sf 1.84 ac (no change)
Max. Building Coverage 40% 24.9%
Max. Overall Coverage 70% 61.9%
Min. Front Setback (Urban Design
Overlay District)
20 ft. 38 ft.
Max Front Setback Coverage 30% 0%
Min. Side Setback 10 ft. 30 ft. (no change)
Min. Rear Setback 30 ft. 30 ft. (no change)
Building Height (pitched roof) 40 ft. 17 ft.
Meets requirement
B) SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
The proposed building addition consists of a loading dock area with interior partitions. The
proposed addition reduces the front setback and the stormwater management system requires
removal of the existing vegetated area between the building and the street. Therefore
compliance with these standards becomes more reliant upon the configuration of the building.
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A. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site,
from structure to structure, and to provide for adequate planting, safe pedestrian
movement, and adequate parking areas.
1. The applicant’s cover letter describes the proposed addition as for the purposes of
expanding the current business. However the layout of the addition includes individual
work spaces/areas within independent entrances, restroom facilities, and fire-rated
partitions. Staff recommends the Board require the applicant to describe the proposed
use and function of the facility. Though a multi-tenant building is not necessarily
prohibited, there are several standards which may apply differently. A future change to
a multi-tenant space would require site plan review.
The DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and
landscaping along the street.
Staff considers the proposed addition improves consistency with adjoining building
setbacks along the street.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation
to the street and, where a prevalent pattern exists, shall continue the manner in which
the site’s existing building foundations relate to the site’s topography and grade.
2. The proposed building addition is not oriented to the street. Adjoining properties are
mixed in their orientation. However, since the proposed addition reduces setback and
removes screening vegetation, Staff recommends the Board direct the applicant to
improve the appearance of the building such that there are some architectural details,
such as windows and variations in siding materials, establishing a street-facing presence
to the building. The applicant has proposed a row of arborvitae along the northern face
of the building. While screening can be used to assist in creation of a harmonious
appearance, Staff considers the building itself should be improved.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale
between existing, planned or approved development, and proposed development.
Staff considers the proposed addition to be consistent in scale with adjoining buildings.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and
walkability within the area proposed for development.
There is no pedestrian orientation existing or proposed. There are no sidewalks or
pathways. The existing sidewalk on Harbor View Road is on the opposite side of the
street. Staff considers the proposed addition does not create sufficient nexus to require
improvements to pedestrian connections or walkability.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the
extent possible within the context of the overall standards of these regulations.
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Staff considers the proposed flat roof does not detract from compliance with this
criterion.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a
building facing a public street shall be considered a front side of a building for
the purposes of this subsection.
It appears the applicant is proposing to provide parking within an area they have
designated as outdoor storage. Parking is located to the side of the building.
Parking to the side of the building is regulated under 14.06A(2)(c) as follows
Parking area width. Surface parking areas and affiliated drive aisles
located to the side of buildings shall not exceed the width of building(s),
Civic Spaces, and Site Amenities along any street frontage. This may be calculated separately or cumulatively for corner lots. Parking approved
pursuant to 14.07(B)(2)(b) shall be exempt from this subsection.
3. Parking is proposed within the outdoor storage area. Parking width to the side
of the building is limited to the width of the building. Parking of registered
vehicles outside of the designated parking spaces is prohibited. Staff notes if the
proposed parking spaces are used, they will block use of at least one overhead
door. Staff recommends the Board discuss the use of this area and require the
applicant to revise the plans if necessary to result in plans which can readily be
complied with.
(3) Without restricting the permissible limits of the applicable zoning district, the height
and scale of each building shall be compatible with its site and existing or anticipated
adjoining buildings.
The footprint of the building after the addition will remain consistent with the footprint of
buildings on adjoining properties. It is proposed to be one story, while the buildings on the
adjoining sites are one story, two stories, or a combination of both. Staff considers this
criterion met.
B. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of
common materials and architectural characteristics (e.g., rhythm, color, texture, form
or detailing), landscaping, buffers, screens and visual interruptions to create attractive
transitions between buildings of different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain
and to existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
(3) To accomplish (1) and (2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern
of development defined by the planned or existing street grid, block
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configurations, position and orientation of principal buildings, prevalence of
attached or detached building types.
(b) Architectural Features. Respond to recurring or representative
architectural features that define neighborhood character, without adhering to
a particular architectural style.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties,
including side and back yard areas through context sensitive design.
The addition is proposed to be clad in the same light colored metal panel siding as the
existing building. As noted above, the setback and screening of the building is proposed
to be significantly reduced.
4. Staff recommends the Board require the applicant to improve both the appearance of
the building addition facing the street. Potential improvements that would not be
incompatible with the nature of the use include a row of simple windows, variations in
siding texture, color, and orientation, or variations in roofline. Other options certainly
exist.
C. Site Amenity Requirement
(1) Sites are required to include a specific minimum area for appropriate Site Amenities.
This section does not apply to projects within the City Center FBC District (which are
governed by Section 8.08).
(2) Applicability. Applications for the following shall be required to provide Site
Amenities:
(a) Additions or expansions exceeding 5,000 SF for existing non-residential
structures.
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building
gross floor area.
The proposed 5,500 sf addition requires a 330 sf amenity space.
(4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site
Amenity area if the Applicant demonstrates a safe, walkable connection to an existing Civic
Space or public park that is accessible by the general public and located within five-hundred
(500) feet of at least one pedestrian access point for each building on the lot via a walking
route and/or pedestrian way. A “safe, walkable connection” shall not include or require
crossing a four-lane road.
No existing civic spaces or public parks are within five-hundred feet.
The applicant has proposed a snippet/parklet type amenity. The minimum size of this
amenity is 600 sf, it must be directly adjacent to the public right of way and sidewalk or
operable building entry, and must have seating as the main focus of the space. Specifically,
the LDR requires the following.
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Seating must be the main focus of the space. Seating must be present year-round and
composed of high quality materials. Fixed seating is required unless the applicant
demonstrates that moveable seating will meet the stated goals of the type.
Landscaping shall also be a primary component of the space. Because the space is
inherently small, it shall be carefully landscaped in a higher proportion than larger
spaces. Landscaping should not interfere with seating, but instead compliment it.
Spaces should appear warm and inviting and permanent rather than temporary.
5. The proposed space is 350 sq ft, is generally linear in form, and has a single bench. Staff
considers this area does not and can not meet the requirements for a snippet/parklet given
its inherent size (too small) and geometry (too linear). The previous staff notes suggested
this type, but had recommended it at the street rather than at the proposed location. Staff
recommends the Board require the applicant to revise the plans to provide a qualifying site
amenity prior to closing the hearing.
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards
shall apply:
A. Environmental Protection Standards. All proposed development shall be subject to
the applicable requirements of Article 12, Environmental Protection Standards.
No protected resource areas are present on this site. This criterion is not applicable.
B. Site Design Features. All proposed development shall comply with standards for the
placement of buildings, parking and loading areas, landscaping and screening, open
space, stormwater, lighting, and other applicable standards related to site design
pursuant to these Land Development Regulations.
These standards are contained in Article 13 and are discussed below.
C. Access and Circulation. All proposed development shall comply with site access and
circulation standards of Section 15.A.14.
No changes to site access or circulation are proposed.
D. Transportation Demand Management (TDM) [reserved]
E. Building Form. Development within the City Center Form Based Code District, the
Urban Design Overlay District, and other districts with supplemental building form
standards shall adhere to the standards contained therein.
This criterion is not applicable.
F. Streetscape Improvements. A proposed new construction or extension/expansion of
an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or
(b) Section 8.11(D) within the City Center Form Based Code, or Section 3.15(D) in all
other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and
related street furniture (trees, benches, etc.) to the standards contained within the
applicable Street Type and Building Envelope Standard. Nothing in this subsection
shall be construed to limit requirements for additional upgrades as necessary to meet
the requirements of these Regulations.
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Staff considers Harbor View Road to be a Bicycle Boulevard - Neighborhood Collector.
Neighborhood collectors are required to have a 10-ft recreation path on one side, 4-ft
bike lanes, and vertical faced curb. There is an existing sidewalk on the opposite side of
Harbor View Road from the project. The street is curbed. Staff considers that since the
opposite side of the road is established as the pedestrian side, no upgrades are
necessary.
F. Access to Abutting Properties. The reservation of land may be required on any lot
for provision of access to abutting properties whenever such access is deemed
necessary to reduce curb cuts onto an arterial or collector street, to provide additional
access for emergency or other purposes, or to improve general access and circulation
in the area.
See 13.02F below for discussion of access.
G. Utility Services. Electric, telephone and other wire-served utility lines and service
connections shall be underground insofar as feasible and subject to state public
utilities regulations. Any utility installations remaining above ground shall be located
so as to have a harmonious relation to neighboring properties and to the site.
Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met.
6. It appears electrical lines are proposed to be underground; Staff recommends the Board
require the applicant to indicate on the plans that the utilities are underground, either
through symbology (“UE” as opposed to “E”) or a callout.
The applicant is proposing a new electrical transformer, indicated on the plans with the
note “prior to construction, confirm primary electric location and separation
requirements to new structure with GMP.” Staff recommends the Board include a
condition that any necessary modification to the location of the transformer shall be
subject to review of the administrative officer.
H. Disposal of Wastes. All dumpsters and other facilities to handle solid waste,
including compliance with any recycling, composting, or other requirements, shall be
accessible, secure and properly screened with opaque fencing to ensure that trash and
debris do not escape the enclosure(s). Small receptacles intended for use by
households or the public (ie, non-dumpster, non-large drum) shall not be required to
be fenced or screened.
7. The applicant has called out dumpster locations on the plans. The dumpsters do not
appear to be enclosed or secured, though they are screened by perimeter fencing. Staff
recommends the Board require the applicant to provide enclosure to reduce the amount
of trash that escapes the dumpsters.
C) SUPPLEMENTAL REGULATIONS
13.02 Off Street Parking and Loading
F. Access management Requirements. It is the intent of the City to minimize traffic and
pedestrian conflicts caused by vehicular driveways on public roadways by reducing the
number of required driveways and by minimizing the number of vehicles utilizing such
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driveways off public roadways. All applicants must make an effort to reduce these
impacts. All commercial lots (retail, restaurant, office, service uses, excluding
residential, agricultural and industrial uses) located adjacent to other commercial lots
must provide a driveway connection to any adjacent commercial lot. If the adjacent
property owner does not want to provide for that connection, the applicant must
provide an easement to do so in the future when circumstances may change. This
driveway connection or easement should be located where vehicular and pedestrian
circulation is most feasible.
There is an existing driveway connection to the property to the west. Staff considers a
connection to the east to be infeasible due to the location of the building. Staff
considers a connection to the property to the south to be infeasible due to the location
of the building on the property to the south.
G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping
(1) Design requirements for off-street parking and loading are provided in
Table 13-2 and Figure 13-1, Section 13.04, Landscaping , Screening, and Street
Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be
striped or otherwise physically delimited.
8. Areas not approved for parking may not be used as parking. As discussed above,
Staff notes some of the proposed parking conflicts with the proposed overhead
doors. Staff recommends the Board discuss with the applicant what would
constitute adequate parking to prevent illegal parking from becoming an issue.
Parking lot landscaping is further discussed under 13.04 below.
(2) The location of parking areas and loading docks shall prevent conflicts with
entering and existing traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between access points and parking
areas shall be adequate to minimize blockage and prevent back-ups onto the
public street.
The applicants provided floor plans and elevations proposed six loading docks.
Staff considers the locations of these loading docks to meet this criterion. The
floor plan and elevations also indicate a “future overhead door.” Staff
recommends the Board require the applicant to remove this door from the
plans. Should the applicant later wish to add a door, they may apply for a site
plan amendment at that time.
(3) Provision shall be made for access by police, fire and emergency vehicles.
The Fire Chief reviewed the plans on October 12, 2022 and indicated “there are
no access issues for FD. The addition will require that the existing sprinkler
system will need to be extended. As there is potential for indoor vehicle storage,
the applicant shall ensure that the sprinkler system and fire alarm is designed to
protect that hazard classification.” Staff also notes the project is subject to fire
department review from a building permit perspective.
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(4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation
shall be separated from motor vehicle circulation. Safe and convenient
pedestrian circulation, including appropriate sidewalks, shall be provided on
the site and its approaches. The pedestrian circulation on site shall be
designed to minimize adverse effects of vehicular traffic on sidewalks and
recreation paths.
Pedestrian pathways are not provided. As noted above, Staff considers the
proposed addition does not create sufficient nexus to require improvements to
pedestrian connections or walkability.
(5) Bicycle parking or storage facility. See Section 13.03
(6) Stormwater management strategies that facilitate infiltration including but
not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or
loading area.
Stormwater management is discussed under 13.05 below.
13.08 Outdoor Storage and Display
A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use,
and equipment shall be subject to the following provisions:
(1) Any outdoor storage shall be appurtenant to the primary use of the property and shall be
allowed only in nonresidential districts and upon approval of the DRB in conjunction with a
site plan, conditional use and/or PUD application.
This application is for site plan. Staff considers this criterion met.
(2) The Development Review Board may require that outdoor storage areas in connection with
commercial or industrial uses be enclosed and/or screened where the storage area may
comprise an attractive nuisance, where the proposed use of the storage areas present
opportunities for theft, or where the Board finds that said storage areas are in view of
residentially-zoned parcels.
The applicant is proposing to screen the outdoor storage area with a chain link fence with
screen mesh, and a row of arborvitae. The applicant stated in their cover letter that the
fence is proposed to be 6-ft in height. Staff recommends the Board require the applicant to
indicate the fence height on the plans and provide a fence detail that complies with the
standards for fences of 13.11.
13.04 Landscaping, Screening & Street Trees
B. Except for parking spaces accessory to a one-family or two-family dwelling, all off-
street parking areas subject to review by the Development Review Board, shall be curbed and
landscaped with appropriate trees, shrubs, and other plants including ground covers, as
approved by the Development Review Board. Sections of recessed curb are permitted if their
purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater
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collection, treatment and management infrastructure. The Development Review Board shall
consider the adequacy of the proposed landscaping to assure the establishment of a safe,
convenient, and attractive parking area and the privacy and comfort of abutting properties.
(1) All off-street parking areas shall be landscaped around the perimeter of the lot with
trees, shrubs and other plants. Perimeter planting shall be set back from the curb
sufficiently to allow for snow storage. The purpose of perimeter planting shall be to
mitigate the view of the parking lot from the public way and from adjacent uses and
properties, and to provide shade and canopy for the parking lot. In some situations it may
be necessary both for surveillance purposes and for the perception of safety to install the
size and type of plants that leave visual access between the parking lot to the public way
or other pedestrian areas.
There is an existing wooded area to be retained along the south side of the existing parking and outdoor storage area. There is a proposed hedge to the north and west (discussed
above pertaining to outdoor storage).
(2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces
and/or in parking lots with more than a single circulation lane, at least ten percent (10%)
of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and
other plants. Such requirement shall not apply to structured parking or below-ground
parking.
Fewer than 28 spaces are proposed.
(3) All interior and perimeter planting shall be protected by curbing unless specifically
designed as a collection and treatment area for management of stormwater runoff as per
13.04(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6)
feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged.
Perimeter planting is protected by a fence. Staff considers this criterion met.
(4) Landscaping Requirements
(a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers.
All planting shall be species hardy for the region and, if located in areas receiving road
runoff or salt spray, shall be salt-tolerant.
9. The City Arborist reviewed the original plans but has not yet had an opportunity to
review the revised plans. Staff anticipates having an update at the time of the hearing.
(b) At least one (1) major deciduous shade tree shall be provided within or near
the perimeter of each parking area, for every five (5) parking spaces. The trees shall be
placed evenly throughout the parking lot to provide shade and reduce glare. Trees
shall be placed a minimum of thirty (30) feet apart.
This criterion is met for the parking spaces that are not adjacent to the building.
(c) Trees shall have a caliper equal to or greater than two and one-half (2 ½)
inches when measured on the tree stem, six (6) inches above the root ball.
This criterion is proposed to be met.
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(d) Where more than ten (10) trees are installed, a mix of species is encouraged;
the species should be grouped or located in a manner that reinforces the design and
layout of the parking lot and the site.
17 trees are proposed, utilizing five species.
(e) Within the City Center FBC District, landscaping required within this section
shall not count towards meeting minimum landscape budget requirements as detailed
in Section 13.04(G).
N/A
(7) Snow storage areas must be specified and located in an area that minimizes the
potential for erosion and contaminated runoff into any adjacent or nearby surface waters.
10. Snow storage areas are specified on the plans to the rear of the outdoor storage areas.
The applicant has stated that outdoor storage of equipment will be oriented to allow for
snow storage as depicted on the plan. Staff recommends the Board ask the applicant to
clarify.
C. Screening or buffering. The Development Review Board will require landscaping,
fencing, land shaping and/or screening along property boundaries (lot lines) whenever it
determines that a) two adjacent sites are dissimilar and should be screened or buffered from
each other, or b) a property’s appearance should be improved, which property is covered
excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a
commercial, industrial, and multi-family use abuts a residential district or institutional use, or
(d) a parking or loading area is adjacent to or visible from a public street.
Staff considers this criterion to work in conjunction with 14.06B above. The applicant is
proposing to remove a large wooded area with little understory growth between the existing
building and the street, and expand the building and outdoor storage towards the street by 42
ft. As discussed below, this front area was required to be heavily planted as part of the original
approval for the property, likely to achieve compliance with the version of this criterion that
existed at the time of that original approval. Existing trees to be removed in this area consist of
mostly large white pine, with some interspersed deciduous trees. The applicant is proposing a
vegetated stormwater basin in this area, and is proposing to screen the outdoor storage with a
row of arborvitae. Staff considers that the nature of the proposed use as a site for a large
amount of outdoor storage to be a use that should be screened. Staff considers this criterion
met.
D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential
and multi-family uses, the required front yard and/or the frontage along designated arterial
and collector streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and
maintained in good appearance. Landscape elements that reduce stormwater runoff and
promote stormwater infiltration are encouraged. The Development Review Board shall
require the applicant to meet the provisions of sections 13.04(F) and (G).
The applicant is proposing an vegetated bioretention area in the front yard. Staff considers this
criterion met.
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G(3) Landscaping Budget Requirements. The Development Review Board shall require
minimum planting costs for all site plans, as shown in Table 13-4 below. In evaluating
landscaping requirements, some credit may be granted for existing trees or for site
improvements other than tree planting as long as the objectives of this section are not
reduced. The costs below are cumulative; for example, a landscaping budget shall be required
to show a planned expenditure of three percent of the first $250,000 in construction or
improvement cost plus two percent of the next $250,000 in construction or improvement cost,
plus one percent of the remaining cost over $500,000. The landscaping budget shall be
prepared by a landscape architect or professional landscape designer.
The cost of the proposed building addition is $660,000, requiring $11,100 in plantings. The
applicant has proposed $43,878 in trees and shrubs. The additional plantings beyond the
required minimum have been provided in response to criterion I below.
I. Landscape Maintenance. Maintenance and responsibility. All planting shown on an
approved site plan shall be maintained by the property owner in a vigorous growing condition
throughout the duration of the use. Plants not so maintained shall be replaced with new plants
at the beginning of the next immediately following growing season. Trees with a caliper of less
than 5” may be replaced on an inch-by-inch basis with trees of the same genus of at least 2”
caliper each. No permit shall be required for such replacements provided they conform to the
approved site plan. Replacement of trees with a caliper of greater than 5” shall require an
amendment to the site plan.
The most recent previously approved plans showed the wooded area to be removed as a
general wooded area, not as individual trees required to be planted. However, the 1983 plan
indicates that the wooded area to be removed, as well as the planting bed to be removed
adjacent to the existing building, were required elements of that site plan planted at the time of
approval. The 1983 approval was for a warehouse and office building with outdoor storage,
which Staff considers consistent with the current use. The zoning district has been C2 since
before that time. Therefore Staff considers this criterion applies to the wooded areas on the
plans, including a large number of plantings that have not been maintained as required.
Plantings approved in 1983 include the following.
Quantity Name Size
3 “Emerald Queen” Norway
Maple
3 ½” – 4” cal.
21 Paper Birch 10 – 12’ height
94 Red Osier Dogwood 3 – 4’ height
107 White Pine 6 – 8’ height
The 1983 plan and decision are included in the packet for the Board. The 1983 decision states
that “screening of the storage area shall be reviewed after 1 year and may be required to be
upgraded. Other landscaping is satisfactory.” Staff considers this statement, combined with the
unusually high quantity of plantings, to be evidence that the Board at the time found screening
of the property to be of particular importance.
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The LDR states that “replacement of trees with a caliper of greater than 5” shall require an
amendment to the site plan.” Staff recommends the Board require the applicant to provide
landscaping equivalent to that approved in 1983. Equivalency may consist of a similar total
caliper of trees, a similar total value of trees, or a similar resulting buffering and screening
regardless of caliper or value. The replacement of previously approved landscaping is separate
from the required $11,100 in plantings for the proposed building expansion. The applicant has
attempted to provide similar buffering and screening regardless of caliper or value.
11. Staff recommends the Board determine whether they consider the proposed site to achieve a
level of screening and buffering consistent with the previous approval or whether they will
require the applicant to provide a similar total caliper of trees or a similar total value of trees
(in today’s costs).
13.05 Stormwater Management
Stormwater standards apply when one-half acre or more of impervious surface exists or is
proposed to exist, and where 5,000 sf of impervious is created or reconstructed. The City
Stormwater Section reviewed the proposed plans on 6/24/2022 and offers the following
comments.
The Stormwater Section has reviewed the “4 Harbor View Road” site plan prepared by
Lamoureux & Dickinson Consulting Engineers, dated 4/1/22 and last updated on 6/2/22. We
would like to offer the following comments:
1. This project is located in the Bartlett Brook watershed. This watershed is listed as
stormwater impaired by the State of Vermont Department of Environmental
Conservation (DEC).
2. The property currently has an expired State stormwater permit (2-0153).
3. The project is only proposing treat stormwater runoff form the new and redeveloped
impervious surfaced. However, projects with an expired permit seeking permit
renewal within a stormwater impaired watershed, with less than 3 acres of
impervious surface, subject to §3.1.C.4.a of the 3-9050 Stormwater General Permit,
are required to meet the redevelopment standard and channel protection standard
for the whole site, unless the TMDL has already been met. The applicant should
confirm what treatment standards are required for this site to obtain valid permit
coverage.
4. The applicant indicated that the seasonal high groundwater table was found less
than 2 feet from the ground surface, with a reference made to Sheet ST1 for soils
data. Please provide Sheet ST1 for review.
a. Is the bioretention system being proposed in the seasonal high groundwater
table? The Vermont Stormwater Management Manual §4.3.1.1 indicates that
the bottom of the bioretention practice shall be located at or above the seasonal
high groundwater table.
5. As the project has more than one-half acre or more of impervious surface and is
proposing to develop more than 5,000 sf of impervious surface, the project is subject
to the requirements of section 13.05 of the LDRs.
#SP-22-028
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6. The DRB should include a condition requiring the applicant to regularly maintain all
stormwater treatment and conveyance infrastructure.
12. The applicant provided a letter from the State stormwater section indicating that treatment
for existing impervious surfaces is not required (Comment #3). The applicant has made
modifications to the stormwater details to respond to other comments of the City
Stormwater section provided in June. Staff has provided the revisions to the Deputy Director
of Stormwater and anticipates having an update at the time of the hearing.
13.07 Exterior Lighting
Lighting requirements are summarized as follows.
(1) Fixtures must be downcast and shielded
(2) Illumination must be evenly distributed
(3) Fixtures must be placed to minimize lighting from becoming a nuisance
(4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar
structural material, with a decorative surface or finish
(5) Poles & building mounted fixtures may be no higher than 30-ft
(6) Poles must be located in safe locations
Specific requirements for maximum illumination levels are included in Appendix A and are
limited to 3 foot candles average at ground level. The applicant has provided a photometric
drawing. It appears they are proposing two freestanding lights and eight building mounted
lights. Heights of the fixtures which result in the provided photometrics are not provided.
Maximum illumination levels are 7.6 lumens near the wall mounted fixtures. Illumination
levels are near zero at the property line. Staff recommends the Board require the applicant to
update the site plan to clearly indicate the light locations and the mounting height.
13.03 Bicycle Parking and Storage
The applicant has proposed to retain the existing bicycle rack. The required number of bicycle
parking spaces is two. Staff considers bicycle parking standards to be met.
RECOMMENDATION
Staff recommends that the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, Development Review Planner