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HomeMy WebLinkAboutBATCH - Supplemental - 0000 Twin Oaks TerraceLLEWELLYN • HOWLEY I N C O R P O R A T E D August 4, 2008 City Clerk Planning Commission City of S. Burlington 575 Dorset Street South Burlington, VT 05403 �A 11 0 l (-CQ CLe C Vw,el 0ab_11 RE: Twin Oaks Stormwater Pond, South Burlington, Wetland Project #2007-267 - CUD Distribution Please be advised that Twin Oaks Master Association, Incorporated has applied for a Conditional Use Determination from the Vermont Department of Environmental Conservation. The Department of Environmental Conservation requires that a copy of the application be sent to the Town/City Clerk and the Regional Planning Commission. Please make this application available to anyone who asks to see it during the Department's public comment period. You will receive a mailing from the State informing you of the time frame. The Twin Oaks Condominium Association intends to improve an existing failed stormwater basin in order to ensure proper stormwater treatment of runoff from pavement and parking areas. The existing basin is located in a Class Two Wetland along the side of Kennedy Drive as shown on the attached map. The project would result in the impact of 16,296 square feet of the wetland and 22,306 square feet of the buffer zone. Please call me at 658-2100 if you have any further questions or comments on this project. Sincerely, Llewellyn -Howley Incorporated Darlene M. Autery Enclosure S:\PROJECTS\2000\2000048 Twin Oaks Storm\wetlands\00048 CUD distribution\00048 Clerk draft 08 04 08.doc Engineering • Land Development • Permitting 20 Kimball Ave., Ste. 202N • South Burlington • Vermont • 05403 T 802.658.2100 • F 802.658.2882 • e-mail: Ihinc@lhinc.net www.lhinc.net LLEWELLYN . HOWLEY I N C O R P O R A T E D TWIN OAKS CONDOMINIUMS NOTICE OF CUD APPLICATION In order to ensure proper stormwater treatment of runoff from pavement and parking areas, the Twin Oaks Condominium Association requests a Conditional Use Determination to improve an existing failed stormwater basin. The existing basin is located in a Class Two Wetland along the side of Kennedy Drive. Section 8.2 of the State of Vermont Stormwater Regulations requires notification of persons abutting the wetland and other contiguous wetlands. A complete copy of the application and supporting documents is posted at the City of South Burlington City Hall and at the Chittenden County Regional Planning Commission Office 20 Kimball Ave Ste. 202N .South Burlington .Vermont . 05403 T 802.658.2100.F 802.658.2882.e-mail: Ilewellinc@aol.com Engineering -Land Development -Permitting Cathy O'Brien Wetland Consulting 839 Oak Hill Road, Williston, VT 05495 Phone and Fax (802) 878-6022 cathy—ob@verizon.net June 25, 2007 Julie Foley Vermont Wetlands Office 10 North Building 103 South Main Street Waterbury, VT 05671 RE: CUD Application, Twin Oaks Stormwater Pond, South Burlington Dear Julie: Please find enclosed the Conditional Use Determination application for the replacement of a failed stormwater pond originally constructed within a Class Two wetland and buffer zone. I did the wetland delineation for this project in 2003 and got input from the Vermont Wetlands Office and the Corps of Engineers at that time. The failed stormwater pond needs to be replaced in order to provide stormwater treatment for the pre-existing Twin Oaks Condominiums to bring into the development into compliance with the State of Vermont Stormwater regulations. The design is now completed and the project is ready to move forward. The project engineers performed a thorough alternative analysis before proposing to replace the pond in a wetland. The existing condominium project is located on the top of the hill. There is not enough room to install adequate treatment that would meet the state's requirements on the top of the hill. The area below the condo project is a steep wooded hillside which is no a practicable alternative due to the slope. The pre-existing failed pond is located at the bottom of the hill surrounded by wetlands. These wetlands extend west to Twin Oaks Drive and beyond, eliminating any practicable alternatives at the bottom of the hill. Any other location at the bottom of the hill would have greater wetland impacts than the existing failed pond. Given the existing development and the terrain of the site, there are no practicable alternatives that would have lesser environmental impacts other than the existing storm pond. Twin Oaks Stormwater Pond Page 2 Attached with this application is a copy of the site plan, the VSWI map of the area, and a check for $2,306.02 for the application fee. Please contact Shane Mullen at Llewellyn - Howley Inc at 651-2199 or myself it you have any questions or comments on this application. We will do the distribution requirements as soon as you have notified us that the application is complete. Thank you for your attention. Sincerely, Cathy O'Brien enc VERMONT WETLAND RULES CONDITIONAL USE DETERMINATION APPLICATION Title 10 V.S.A., Chapter 37, Section 905 file number: date received: _ [ ] complete [ ] incomplete date completed: Check #: Check amount: Check from: DEC receiver: Application Last Revised: 6124102 OFFICE USE ONLY INTRODUCTION The following questions must be answered in order for this application to be considered complete. If you have questions on any portion of this form, please call the Vermont Wetlands Office at (802)241-3770 for assistance. Please note that there is a non-refundable fee effective July 1, 2002 (see Section 19) as required by the Vermont General Assembly (3 V.S.A. § 28220)(26). Early consultation with the Wetlands Program may result in a reduction of the wetland area impacted. A pre -application site visit is required in order to call this application complete. NAMES Applicant: Twin Oaks Master Association, Inc. c/o Scott Michaud Address: PO Box 1201, Williston, Vermont 05495 Phone: 802-860-3315 2. Landowner (if different): Address: Phone: (If landowner is other than the applicant, attach copies of any easements, agreements, or other documents conveying permission, and an agreement with the landowner(s) stating who will be responsible for meeting the terms and conditions of the Conditional Use Determination.) 3. Representative: Cathy O'Brien Address: 839 Oak Hill Road, Williston, VT 05495 Phone: 802-878-6022 Representative: Shane Mullen Address: Llewellyn — Howley Incorporated. 20 Kimball Ave, Ste 202N South Burlington, Vermont 05403 Phone: 802-658-2100 PROJECT DESCRIPTION 4. Location: (Street Address): Twin Oaks Terrace & North Twin Oaks Terrace, South Burlington, Vermont 5. Acres owned by applicant and landowner at project site: 36 +/- Acres involved in project: 1.2 +/- 6. Project purpose: To replace a failed stormwater pond in order to provide stormwater treatment for the pre-existing Twin Oaks Condominiums to bring into compliance with the State of Vermont Stormwater regulations. The berm on the existing stormwater pond failed a number of years ago. 7. General project description (include number and size of buildings; number of lots; length of roads; type of sewage disposal, -etc): The Applicant proposes to construct a stormwater pond in the area of the failed stormwater pond. The pond will be designed to standards specified in the Vermont Stormwater Management Manual. It will consist of two cells that will have a permanent pool of water. The forebay is the smaller cell that intercepts the runoff from the gully and will remove the majority of the sediment load. The larger, main cell of the pond will remove the remainder of the sediment. Pond banks will be vegetated with a wetland seed mix made by New England Wetland Plants in order to establish an erosion-resistent cover that closely mimics natural wetlands. Overflow spillways will be protected from concentrated flows with rip -rap. OTHER INFORMATION 8. Are any other federal, state or local permits required for this project, and if so have they been applied for or obtained? Required Applied Obtained for US Army Corps of Engineers Permit [X ] [ ] [ ] 401 Water Quality Certification [ ] [ ] [ ] VT Act 250 Permit [ ] [ [ ] VT Stormwater Discharge Permit [ X ] [ X ] [ ] VT Lakes and Ponds Permit [ ] [) [ VT Stream Alteration Permit [ ] [ ] [ ] Local Zoning Permit [ X ] [ X ] [ ] 2 Other: 9. Attach the following information to the application: [ X ] Location map (project area marked on a USGS topographic map or Vermont Significant Wetlands Map) [ X ] Site plan(s) including existing conditions, proposed work, erosion controls, and wetland and buffer zone boundaries (see Sections 3.2 and 4.6 of the Vermont Wetland Rules for description of methodology). [ ] Any other narratives or documents that the application intends to rely upon in support of the proposed Conditional Use. [x ] Photos of wetland, if available. 10. List the names and complete mailing addresses of all persons owning property within or adjacent to the wetland or buffer zone in question. Name Mailing Address with Zip Code City of South Burlington High School 550 Dorset Street, South Burlington, VT 05403 Albem LLP 22 Discovery Road, Essex Jct., VT 05452 Grand View Condomimiums c% Appletree Bay Property Management PO Box 3009 Burlington, VT 05408 South Ridge Condominiums c%/Appletree Bay Property Management Twin Oaks Associates I Mill Street, Suite 290 Burlington, VT 05401 Burlington Indoor Tennis 142 West Twin Oaks Terrace South Burlington, VT 05403 City of South Burlington 575 Dorset Street, South Burlington, VT 05403 Manor Woods Condominiums c% John Jackson (Ass'n president)PO Box 93, Burlington, VT 05401 Forest Park Condominiums clo Carol Gamsby Property Management 1795 Williston Roa, South Burlington, VT 05403 3 WETLAND AND BUFFER ZONE IMPACTS 11. Complete the following for the wetland in question. a. Size of wetland (to nearest 112 acre): 15 acres b. Check the dominant type of wetland present: open water x marsh wet meadow x shrub swamp x forested swamp bog or fen x beaver influenced wetland other (explain): c. Name of all streams, rivers, lakes, and ponds adjacent to the wetland and approximate distance from proposed activity: Potash Brook flows on the opposite side of Kennedy Drive from this project, then crosses under the road west of the project site and continues in a westerly direction. This site drains indirectly into Potash Brook. d. Approximate the percentage of each of the following cover types in the area surrounding the wetland: 30 % forested agriculture old field 20% open water lawn 20% residential commercial or industrial 30% road other (specify) 12. Complete the following for the portion of the wetland and buffer zone in the area of proposed impact. a. Area of impact in wetland (sq ft): 16,296 square feet Area of impact in buffer zone (sq ft): 22,306 square feet b. Check the type of wetland present (check all that apply): x open water x marsh wet meadow x shrub swamp x forested swamp bog or fen beaver influenced wetland other (explain): c. Description of dominant vegetation: Within the berms of the breached Pond, the dominant vegetation is cattails, reed canary grass, and wooly bulrush The berms of the pond are not wetland and are dominated by box elder, brome and timothy grass and blackberry. The new berm would extend 30 feet into the wetland on the west side of the existing berm. The dominant vegetation in this area includes tussock sedge, cattails, red maple, willow shrubs, green ash and purple loosestrife. The vegetation on the hillside on the southern side of the site is dominated by beech, sugar maple, paper birch,hemlock, trout lily, blue cohosh and spring beauty. There is a narrow, linear wetland in the ravine the cuts down through the wooded hillside and drains into the old pond. The ravine wetland is dominated by yellow birch, red maple, sensitive fern and cinnamon fern. d. Description of soils in the wetland and buffer zone (from Soil Conservation Service soil surveys or site investigations): The soils in the wetland are mapped as Enosburt! and Whately soils in the Chittenden County Soil Survey, which are poorly drained sandy soils. My field work was consistent with this mapping. The soils on the hillside are a Hinesburg fine sandy loam. e. Check the characteristics of the wetland which apply: flooded most of the time x standing water during at least part of the growing season* water impounded by beavers x soils are saturated during at least part of the growing season dry most of the year * The hydrology west of the existing pond has gotten wetter over the years, as evidenced by the dying hemlocks and beech located in areas with 3-6 inches of standing water. f. Description of the buffer zone: The buffer zone on the southern and eastern side of the site in question is a steep forested hillside sloping down to the wetland (see description in 12c above). The buffer zone on the northern side of the site is Kennedy Drive, a new sidewalk and associated side slopes. 13. Describe in detail all work that is proposed within the wetland or buffer zone, including erosion control measures, referencing attached plans where appropriate. Refer to the "Wetland Impact Plan" drawing included with this submittal for an illustration of the work proposed within the wetland and buffer zone. The failed basin will be renovated, accumulated sediment will be removed, interior slopes and bottom will be re-established, and new vegetation will be planted. A sediment forebay, which was not part of the original stormwater system, will be constructed immediately upstream of the basin (on its eastern side) in the existing channel that transports all the stormwater from the development to the failed basin. The limits of disturbance will be delineated and secured against erosion and inadvertent encroachments by a combination silt fence/construction fence prior to any clearing of vegetation or earthwork. The silt fence will be monitored and maintained on a regular basis and following every rain storm until the site is stabilized. Construction of the pond is not anticipated to take more than two weeks to complete. If bare earth is still open after two weeks, the areas will be temporarily stabilized with erosion control blanket (North American Green S150BN or approved equal). After construction of the pond is completed, the disturbed areas adjacent to the new pond will be restored to previous grade conditions and seeded with erosion resistant grass (such as the Erosion Control/Restoration Mix for Moist Sites from New England Wetland Plants, Inc.). Erosion control blankets (NA Green S150BN or approved equal) will be used on the side banks of the pond to hold the seed in place and prevent 5 storms from eroding the side banks. Once the vegetative cover is established, the silt fence/construction fence will be removed. 14. Before this section is completed it will be necessary to determine for which functions the wetland in question is significant. The functional criteria for evaluating a wetland's significance are described in Section 5 of the Vermont Wetland Rules. The Vermont Wetland Evaluation form is available through the Wetlands Office to help determine which functions may be significant. Demonstrate how the project as proposed will avoid any undue adverse impacts on each of the functions. Refer to plans and other attached documents as necessary. a. Water storage for floodwater and storm runoff: The ravine wetland has too much slope to be significant for water storage. The small amount of storage lost from the new impact in the area west of the existing pond will be offset by the increased storage of the new stormwater pond. Therefore, there will be no adverse impacts to this function as a result of this project. b. Surface and ground water protection: The wetland is significant for surface water protection. The dense vegetation helps trap sediments and pollutants off of the road and from development upslope. The wetland will become less effective overtime if existing conditions continue. With the failure of the existing stormwater pond, there is no treatment of the non -point source discharges from the Twin Oaks development. The replacement of the failed stormwater pond with the new pond will result in treatment of the non -point source discharges prior to its release into the wetland complex to the west and then into Potash Brook. During construction, the adjacent wetland will be protected against sediment intrusion as described in #13 above. Therefore, there will be adverse impacts to this function if this project is not constructed and will be prevented if it is constructed. c. Fisheries habitat: No impacts will occur in the vicinity of Potash Brook or its adjacent banks. Erosion control measures will be used to ensure there will be erosion of the hillside or sedimentation into the adjacent wetland or brook as a result of this project. Therefore there will be no adverse impacts to any fisheries habitat. d. Wildlife and migratory bird habitat: This wetland is significant for wildlife and migratory bird habitat, despite the surrounding urban development. Beaver have inhabited the wetland on the north side of Kennedy Drive. The wetland also is likely to provide habitat for song birds, red wing black birds, and small mammals. There are likely to be turtles and snakes on the north side. The quality of the habitat has been degraded over the years from surrounding developments in the wetland complex and buffer zone including road crossings, development in buffers, loss of adjacent upland habitat 0 and the lack of stormwater treatment. The wetland and buffer zone has had numerous encroachments in the past from surrounding property development. The proposed pond has been located in the site of the existing pond to minimize impacts to the wetland. The treatment of the stormwater entering this wetland complex will be beneficial to all wildlife utilizing the complex and the nearby stream corridor. These items will minimize any adverse impacts to the wildlife habitat to the point where such impacts will not be undue. Hydrophytic vegetation habitat: The proposed project is not located in any bog, fen, alpine meadow, deep marsh, black gum swamp or otherwise unique or rare plant community. Also, there are no known rare, threatened or endangered plants in the wetland or its buffer. There have been many impacts to this wetland complex and buffer zone from the surrounding developments, including in the location of the proposed pond. The new pond has been sited in the area of the existing pond to minimize impacts. Therefore, there will be no adverse impacts to this function as a result of this project. f. Threatened and endangered species habitat: The wetland does not contain known threatened or endangered species. g. Education and research in natural science: The portion of the wetland in question is privately owned, involving numerous entities, and there are no education or research easements or related activities occurring at the site. Nothing in this project will prohibit future education or research, therefore, there will be no adverse impacts to this function. h. Recreational value and economic benefit: The wetland is privately owned, however, nothing in this application will limit recreational uses or economic benefits. The proposed pond has been located in the area of the existing pond to minimize impacts. Therefore there will be no adverse impacts to this function as a result of this project. i. Open space and aesthetics: The aesthetics value of the wetland and buffer will not be adversely affected by the proposed activity since the pond is located in the same area as the previous pond. Therefore there will be no adverse impacts to this function as a result of this project. j. Erosion control through binding and stabilizing the soil: The wetland does bind and stabilize the soil with its dense vegetation. As stated above, the pond will be located at the site of the existing pond. There will be no work on or near the banks of Potash Brook or other stream, pond or lake. There are little erosive forces in the project area. As discussed in Item 12 c and 13, 7 erosion control measures will be taken to prevent sediments from entering the wetland and buffer and to stabilize the project area. 15. Demonstrate by narrative and reference to plans that the following mitigation measures have been used to achieve no undue adverse impacts to the protected wetland functions. a. Can the proposed activity practicably be located on an upland portion of the site or on another site owned, controlled or available to satisfy the basic project purpose? (Explain). The project engineers examined the entire property owned by the Twin Oaks Condominium Association for alternative locations for stormwater ponds. They also considered constructing several smaller structures in various locations rather than one larger structure. The existing condominium project is located on the top of the hill. There is not enough room to install adequate treatment that would meet the state's requirements on the top of the hill. The area below the condo project is a steep wooded hillside which is no a practicable alternative due to the slope. The pre- existing failed pond is located at the bottom of the hill surrounded by wetlands. These wetlands extend west to Twin Oaks Drive and beyond, eliminating any practicable alternatives at the bottom of the hill. Any other location at the bottom of the hill would have greater wetland impacts than the existing failed pond. Given the existing development and the terrain of the site, there are no practicable alternatives that would have lesser environmental impacts other than the existing storm pond. b. Demonstrate how all practicable measures been taken to avoid or minimize adverse impacts on protected functions, including project redesign or project scale back. Wetland impacts have been minimized by locating the replacement pond as far to the east as possible and in the location of the existing failed pond. Erosion control measures will be installed prior to any earthwork as described above in this application. Construction will proceed so that heavy equipment in the buffer is limited to the smallest practicable area. c. For wetlands that have been disturbed, what steps will be taken to restore impacted functions (e.g. plantings, seeding, mulching exposed soil, removal of fill, etc.) The installation of construction and silt fencing prior to any clearing or earthwork will limit the area which will be temporarily impacted during construction. All heavy equipment will have to stay within the delineated area. The disturbed areas adjacent to the project within the fencing will be immediately graded, seeded with an erosion control seed mix, and mulched. Once the area has stabilized, the fencing will be removed by hand. 16. Wetland compensation (creating replacement wetlands) is a measure to mitigate adverse impacts on protected functions that will only be possible in rare cases for specific functions (see Section 8.5c of the Vermont Wetland Rules). If a compensation plan is part of this proposal, demonstrate by narrative and reference to plans how the steps in Section 8.5c(1)-(7) will be met. No compensation is proposed. DISTRIBUTION 17. Submit the original request for conditional use determination to the Wetlands Office, Division of Water Quality, 103 South Main Street, 10 North, 2nd Floor, Waterbury, VT 05671-0408. Notification of receipt will be sent to the applicant once a complete application has been received by the Wetlands Office. 18. After receiving notification of completeness from the Wetlands Office, send a complete copy of the application to the Town Clerk and Regional Planning Commission. Also, send copies of the location map, a description of the specific action(s) for which conditional use determination is sought, the supporting narratives, and a listing of where complete copies of the request have been filed to: a. the municipal planning commission and/or conservation commission; and b. all persons owning property within or adjacent to the wetland or buffer zone (item 10. of the application). FEES 19. 3 V.S.A. § 28220)(26) FEES: Conditional Use Determination Minimum application fee $ 50.00 Plus Proposed wetland impact (16,296 sq. ft. X $0.07 per sq. ft.) $1,140.72 Proposed buffer zone impact (22,306 sq. ft. X $0.05 per sq. ft.) $1,115.30 Total fee enclosed $ 2,306.02 Note: If application is for the conversion of Class Two wetlands or wetland buffers to cropland, the maximum fee is $200.00. Please make check payable to: State of Vermont Send with complete application to: Department of Environmental Conservation 103 South Main Street Building ION - Wetlands Waterbury, VT 05671-0408 Send with complete application to: Department of Environmental Conservation 103 South Main Street Building ION - Wetlands Waterbury, VT 05671-0408 SIGNATURES 19. I hereby certify that the information provided above or attached to this application is true and accurate to the best of my knowledge. I recognize that by signing this application I am giving consent to employees of the state to enter the subject property for the purpose of processing this application. 5 LL6 Lp� Signature of Applicant Date Signature of Applicant's Representative Date 10 � g 2 |k�k 7!|�� ! !\ § \ ) |) ! © 2 r0 o ■ CL W Rk2 .j | _0 2�k 2©! .3 LU � { ! rlf-�ill AA I| 4adg4 GRAPHIC SCALE ew wt1a ,`"N'rrr I` ` w T E �r.r I S 1 , `% LLEWELLYN - HOWLEY I N C O R P O R A T E D c—ittng Services . EnglnaeNng . Permitting 20 gmball Ave St.. 202N P (902) 658-2002 South 0u011ngtmn T (902) 658-2100 V--t 05403 httpVt—thhc.not 1 inch a 2G k Legend Easement Line Wetland Limit .— But(es Zone — — — — — — -- Storm Sewer M.H. Q Storm Sewer Inlet O Construction Fence Slit Fence Notes 1. Topography, bulldhge, pamnent and sidewo/k taken from aerfal orthophotogrophy. Partial topography by Button Professional Land SLry )-.. 20 Kimball Ave, South Burlington, VT a5*O3. 2. Catch basin locations, Inverts and outlet pipe locations identified In the field by LHINC staff. a Property lines taken from tax map parcel data, and are considered approximate. This Is not a boundary survey. 4. Watershed boundaries Identified using lidar—based topography, verified In Reid by LHINC staff. 5. Unidentified Inverts on plan not used In stomtwater modeling. 6. Wetland locations by Cathy O'Brien 839 Oak Hill Road -Williston, Vermont 05495 (802) 878-6022 Twin Oaks Condominiums bvlh gurgnplem V-m-mt Infrastructure Improvement Plan Proposed Stormwater Basin I State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD Ray Belair City of South Burlington Planning and Zoning 575 Dorset Street South Burlington, VT 05403 RE: Stormwater Pond below Twin Oaks Dear Mr. Belair: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DIVISION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 802-241-3770 Fax #:802-241-3287 January 26, 1999 On December 17, 1998, I visited the failed stormwater pond for Twin Oaks. The pond was built in a wetland and was supposed to take stormwater from the development and treat it through retention and infiltration. The untreated water now travels through an incised channel, bypassing the basin, and into a forest wetland. Sediments from the currently eroding channel are present in the forested wetland. The basin and the forested wetland are part of a larger wetland which includes an open -water body. The wetland provides the function of storm runoff storage, surface water protection, and wetland -dependent wildlife habitat and provides aesthetic value to the area. The untreated stormwater and continued erosion of the incised channel adversely affect the ability of the wetland to function. The ability of the wetland to treat water is compromised when channels are cut into a wetland. Water treatment occurs best when water spreads through emergent or woody vegetation In addition, a wetland has a certain capacity to remove pollutants. When the wetland must treat stormwater, it may not have the capacity to remove pollutants from surface runoff from other areas. While I was at the site, I saw two ducks and a muskrat swimming in the open water. Untreated stormwater can also compromise the integrity of wildlife habitat. Pollutants adversely affect the health of organisms from the bottom of the food chain up. Although the forested wetland may buffer the open water area from some of the pollutants, a percentage will enter the open water wetland as well. In addition, the floor of the forested wetland may be important for ground nesting and the inflow of stormwater runoff and resulting sudden flooding could eliminate this function. Regional Offices - Barre/Essex Jct./Pittsford/RAand/N. Springfield/St. Johnsbury Ray Belair January 26, 1999 Page 2 The use of the area to store runoff from the development also reduces the wetland's capacity to store runoff from other areas. The loss of flow retention by the failure of this system only increases the flows downstream, which can be detrimental to stream bank stability and developed property. The wetland areas around Kennedy Drive are a pleasant contrast to the surrounding development. I have seen animals that I would only expect to see in rural settings. However, I believe that the wetlands are stressed and that continued development will continue to add stresses. Development should be built and infrastructure maintained in a way to minimize the stresses imposed by stormwater runoff. If the stormwater pond can be fixed, the health of the system can only be improved. If you should have any questions or comments, please contact me at 241-3773. Sincerely, i Karen E. Bates D4strict Wetlands Ecologist November 12, 1998 Ray Belair Planning and Zoning City of South Burlington 550 Dorset ST S. Burlington, VT 05403 Ray: Last year I was asked by a member of the Planning Commission to look into the failed stormwater basin on Kennedy Drive that belongs to the Twin Oaks Association. I have reviewed the permit and spoken with our wastewater management division about possible action that could be taken. I did also notice in the file that Dick Ward had contacted our agency as long ago as 1981. The division did respond then by requesting that the association take remedial action, although there was no state follow up. From my site visit it does not appear that any work was ever done to correct the situation and that overtime the basin wall and outlet pipe have failed completely (photo) and the basin inlet pipe has become clogged allowing runoff to completely bypass the structure (photo). Our division will not take action unless a formal complaint is filed by the city again. In addition it may be necessary to prove that a water quality violation exists because of the failure. This may be difficult to prove although sedimentation in the stream and the adjacent wetland are high. I will also ask Karen Bates in our Wetland Office to take a look at the discharge and determine if the runoff is affecting the functions and values of the wetland; given the large size of the wetland it may not be having a significant impact. No one has as of yet contacted the Twin Oaks Association to see if they would voluntarily correct the problem. The current president of the board is Shelly Worthington (136 Twin Oaks Terrace, 658-1924). 1 would be interested in any suggestions the Planning Commission might have as to what direction we should go in next. Clearly the basin is an eyesore and serving no purpose. Given the obstacles I have encountered with the Overlook at Spear modifications I am not immediately available to take on this project although it is possible that we could assist the association sometime next year. I apologize for the length of time it has taken to respond to this request. Sincerely, James Pease Aquatic Biologist/Planner Water Quality Division -10 North Agency of Natural Resources State of Vermont 103 S. Main Street Waterbury, Vermont 05671-0408 (802)241-2683 JimP@dec.anr.state.vt.us 4A toA -.-A-. A re Vk, Memo, BMW 5 State of Vermont Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources Environmental Board Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council 'Rain Oaks Associates 159 Pearl Street Essex Junction, Vermont 05452 Gentlemen: AGENCY OF ENVIRONMENTAL CONSERVATION Montpelier, Vermont 05602 DIVISION OF ENVIRONMENTAL ENGINEERING i iay 27, 1981 Re: Twin Oaks Condominiums - Maintenance of Stormwater Detention Pond Item #10 of the Amended Temporary Pollution Permit #2-0825, issued to you on March 19, 1980 for the discharge of stormwater to State waters,requires that all --settling ponds, -- or other treatment devices or facilities shall be maintained in good operating order at all times and shall be cleaned quarterly and at such other times as necessary to maintain design treatment levels. Recently, at the request of Dick Ward, South Burlington Zoning Administrator, this writer visited the site of the Ston water Detention Pond at Twin Oaks Con- dominiums. We found the banks of the Pond completely devoid of grass and badly eroded, with a heavy layer of silt in the bottom. With the sand filter all but sealed off by the silt, we could see that most of the water coming into the Pond area during a storm event would "short-circuit" the sand filter through a relatively small area, getting very little treatment. This letter is to request that you take immediate steps to clean the silt out of the bottom of the Detention Pond, replacing the sand in the sand filter as necessary, and to "clean existing swales to provide positive drainage" (See DuBois & King drawing 7a of 9, Project No. 90500) below the 6" PVC outfall from the sand filter. Evidently contributing to the unwanted layer of fines in the bottom of the pond is the fact that grass has never been established on its banks, as called for on the above referenced drawing. Getting a good cover of grass on the banks of the pond and in the drainage swales carrying water to the Diversion Manhole is essential to stabilize the soil and improve the.appearance of the site. If you have any questions on the above, please contact me at 828-3345. Sincerely, Charles Streator Environmental Engineer Permits Section CS/bb MLS "M``Ot Real Estate wrrwu utro�a umn HALTOR' May 21, 1981 Richard Ward, Zoning Administrator City of South Burlington DDrset Street South Burlington, Vermont 05401 Lear Dick: 15 Brickyard Road Essex Junction, Vermont 05452 (802) 879-0200 I am in receipt of your letter dated May 14, 1981, concerning the retention pond on Kennedy Drive. We have built the pond according to our permit and are not obligated to further landscape that pond to be in compliance with our permit. However, we feel, as the City does, that it is an unsightly problem and one that deserve attention. We have contacted our landscaper to plant upwards of thirty trees in the area in order to help screen the pond from view from Kennedy Drive. They tell us that these trees cannot be installed until August since the trees are presently in their growing state and could die if transplanted. We will have this work done as soon as feasible in August. We will have the pond seeded and all eroding areas taken care of. If you have any problems with this, please feel free to contact me. Sincerely, 'f Gerald C. Milot GCM/rb r RICHARD A. SPOKES JOSEPH F. OBUCHOWSKI WILLIAM G. LIVINGSI'ON STEVEN F. STITZEL SPOKES 8 OBUCHOWSKI ATTORNEYS AT LAW P. O. BOX 2325 SOUTH BURLINGTON, VERMONT 05401 June 23, 1980 Richard Ward, Zoning Administrator City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Re: Twin Oaks Dear Dick: 1775 WILL15TON ROAD TELEPHONE (802) 863-2857 Enclosed please find a copy of correspondence sent to Carl Lisman on this date. I have reviewed the documents in cold storage pertaining to parcels #2, #3 and #4 as shown on the recorded plans for the Twin Oaks Apartments. The legal documents for parcels #2 and #3 are currently in order. Therefore, the deeds for those 2 parcels may be accepted and recorded when you deem such action appropriate. All necessary partial discharges have not yet been obtained with regard to parcel #4. Therefore, you cannot yet accept the deed for parcel #4. Please feel free to contact me if you have any questions regarding this matter. Very truly yours, Steven F. Stitzel SFS/rcw Enc. SPOKES & OBUCHOWSKI ATTORNEYS AT LAW P. O. Box 2325 SOUTH BURLINGTON, VERMONT 05401 RICHARD A. SPOKES JOSEPH F. OBUCHOWSKI WILMAm G. UVINOSTON STEVEN F..STITZEL Carl H. Lisman, Esq. Lisman & Lisman 191 College Street Burlington, Vermont 05401 Rex Twin Oaks Dear Carl: June 23, 1980 1775 WILLISTON ROAD TELEPHONE (802) 863-2857 Enclosed please find your Offer of Irrevocable Dedication, Babcock/Dimeo partial discharge, Vermont National Bank par- tial discharge, Warranty Deed and Property Transfer Tax Return, all pertaining to the Twin Oaks development. I have noted the following errors in the property description contained in these documents: 1. Line 10 - Bearing N303710"E should read N3°37'06"E. 2. Line 13 - Your recorded survey map does not disclose any bearing N24°22'54"W. What is the origin of this bearing? 3. Line 23 - Hearing N82037106"W should read N82037106"E. 4. Line 28 - This course should state, "thence proceeding along a curve to the left having a radius of 30.0 feet". The current descrip- -ion does not indicate that the curve is to the left. 5. Line 30 - This line should state, "proceeding along a curve to the right having a radius of 65.0 feet". The current description does not indicate that the curve is to the right. Carl H. Lisman, Esq. Wage 2 June 23, 1980 6. Line 32 - The recorded survey does not include a bearing S24°22'54"E. What is the source of this bearing? 7. Line 45 - Though the survey map is not entirely clear, it appears that the correct bearing for this course if S6°24'03"E; not S8022154"E as shown. Please make these requested corrections and return the docu- ments to me. Further, in reviewing documents previously submitted on this project, I have been unable to find a partial discharge by Babcock/Dimeo regarding parcel $4 as shown on the plan of Twin Oaks apartments dated August 16, 1977. If you have the discharge, or know its whereabouts, please have it sent to me. Thank you. Very truly yours, Steven F. Stit2el SFS/rcw Enclosures cc: Richard Ward, Zoning Administrator 9/25/79 SSP SUGGESTED MOTION OF APPROVAL - TWIN OAKS FINAL PLAT I move that the South Burlington Planning Commission approve the final plat application of Gerald Milot and Claude Gagne for phase 2 of the Twin Oaks Condo- minium project, as depicted on a plan set of 9 pages entitled "Twin Oaks Condo- miniums...", drawn by Ronald O'Bryan and Dubois & King, dated 9/24/79, subject to the following stipulations: 1. The final plat shall be recorded within 90 days d include the following revisions: utility easement for water main loop to Kennedy Drive, property line delineation around cul-de-sac, the notation"future street extensions" is to be superimposed over the right of way extending to the east. 2. The phasing schedule shall not exceed the rate of 76 units for fiscal 1980 and 28 units for fiscal 1981. ;WWI 3. All utilities outside the road right of waylshall be privately owned and maintained. 4. A walkway shall be constructed along the path of the water main loop to Kennedy Drive. 67 k. Details on storm drainage for clusters 4 & 7 shall be as approved by the City Engineer and finallized rior to issuance of building permits for the respective clusters.iCAT (:I 'S E It WMA Q.G. IH WECT'11.1E_ Bonding for all required improvements, including landscaping, shall be secured prior to issuance of any permits. I *. "As -built" drawings of all utilities, including service connections, shall be submitted prior to release of any bonds. b ,W- The land for the easterly road extension shall be secured (in fee simple) by an offer of irrevocable dedication. A_,C February 12, 1980 Attorney Richard Spokes P.O. Box 2325 South Burlington, Vermont 05401 Re: Twin Oaks Dear Dick: We are forwarding to you a partial discharge of mortgage we received from Attorney Lisman. You have other documents pertaining to Phase II of this development. If you have any questions, give us a call. Thanks for your cooperation. Very truly, kichard hard, Zoning Administrative Officer �� RW/mcg LISMAN & LISMAN ATTORNEYS AT LAW 191 COLLEGE STREET BURLINGTON. VERMONT 05402 LOUIS LISMAN BERNARD LISMAN ROBERT E. MANCHESTER CARL H. LISMAN ALLEN D. WEBSTER Mr. Richard Ward Zoning Administrator City of South Burlington 1175 Williston Road South Burlington, VT Dear Dick: January 14, 1980 TWIN OAKS 802-864-5756 We are enclosing the partial discharge, executed by the Vermont National Bank, with respect to the last segment of Twin Oaks Terrace described in a deed delivered to you some weeks,ago. I apologize for the delay but we wanted to make sure that the release was a full release q all interests of the Bank in that segment of the roadway. fours, Carl H. Lisman CHL:ces Enc. cc: Mr. J. Peter R. Gabauer Vermont National Bank Bank Street Burlington, VT 05401 Jilof Deoelopm enf Gorporafion 159 PEARL STREET ESSEX JUNCTION, VERMONT 05452 (802)879-7188 September 25, 1979 Mr. Stephen Page City Planner 1175 Williston Road South Burlington, Vermont 05401 Re: Twin Oaks Condominiums Dear Steve: The tentative building schedule for Twin Oaks Condominiums Phase II is listed below. Cluster Number Starting Completion Number Of Units Date Date 5 32 October 1979 March 1980 6 32 April 1980 September 1980 7 12 April 1980 September 1980 4 28 October 1980 Spring 1981 If you have any questions, please feel free to call. Sincerely, Gerald C lot GCM/lo 9/25/79 SSP SUGGESTED MOTION OF APPROVAL - TWIN OAKS FINAL PLAT I move that the South Burlington Planning Commission approve the final plat application of Gerald Milot and Claude Gagne for phase 2 of the Twin Oaks Condo- minium project, as depicted on a plan set of 9 pages entitled "Twin Oaks Condo- miniums...", drawn by Ronald O'Bryan and Dubois & King, dated 9/24/79, subject to the following stipulations: 1. The final plat shall be recorded within 90 days and include the following revisions: utility easement for water main loop to Kennedy Drive, property line delineation around cul-de-sac,'rthe notation"future street extensions" is to be superimposed over the right of way extending to the east. 2. The phasing schedule shall not exceed the rate of 76 units for fiscal 1980 and 28 units for fiscal 1981. 3. All utilities outside the road right of way shall be privately owned and maintained. 4. A walkway shall be constructed along the path of the water main loop to Kennedy Drive. 5. Hydrant location shall conform to the plan approved and signed by the Fire Chief. 6. Details on storm drainage for clusters 4 & 7 shall be as approved by the City Engineer and finallized prior to issuance of building permits for the respective clusters. 7. Bonding for all required improvements, including landscaping, shall be secured prior to issuance of any permits. 8. "As -built" drawings of all utilities, including service connections, shall be submitted prior to release of any bonds. 9. The land for the easterly road extension shall be secured (in fee simple) by an offer of irrevocable dedication. No Text M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: Sidney Poger, Chairman, South Burlington Planning Commission Re: Twin Oaks Condominiums Variance Request Date: 9/10/79 It is the consensus of the Commission to support this request for the following reasons: 1. A wider buffer area between Twin Oaks units and the ant- icipated development on the Tilley property directly to the east can be maintained. 2. More mature trees in the vicinity of cluster 4, and to the east of clusters 5 and 6, can be saved. 3. Greater spacing between the buildings in clusters 4-7 is possible. 4. The strict application of the ordinance results in a small, wedge-shaped C-0 district parcel, which is separated from the bulk of the C-0 district along the Interstate right of way by the overhead power line easement. 5. The distance between the Interstate pavement and the condominium units in cluster 4 (asproposed) is equal to or greater than the distance between the Interstate and the units in cluster 3, which are sited in conformity with the ordinance. 6. The spirit and intent of the law is maintained, even though the letter of the law is not. Mr. Ewing is opposed to the granting of this request because he feels it is important to maintain the integrity of the C-0 district, and it is not appropriate to grant a variance when it is possible for the developer to comply with the ordinance. 1-7 C�WM60 Mw- 7rA::::nc.._ Ste" vP 9 t ►�Tl�l�t-� Tt t�1n Tb vb�c E5� C-o"VO-'5 - -T-Avu-C-� 0-4TIL- '-*5'RATEP, Z,51 11:q • Ica, Gb f Wet- , Aj'p(.� I S d� %VAT SQl ev-1 ot- c4INV •- !, �� is . s- LWM.Ma!L. wN.- � -15 C.t-b- _ 0q -NE Ve-AE 1 l? Ace Vt& PC . ouRAV� \ r a-V b. Lci -To 1W MINE — C�4--y TO 'a;� 7V� M E M O R A N D U M To: South Burlington Planning Commission From: Stephen Page, Planner Re: Next Meeting's Agenda Items Date: 8/23/79 #2 L.T.H. Preliminary Plat for 17 apartment units at 200 Kennedy Drive One unit has been deleted from the plan to provide for a 50' setback from the drainageway, as requested at the last meeting. Details on landscaping, outdoor lighting, and utilities are forth - coming - they may be reviewed now,Mat the final plat hearing. The one issue which remains unresolved is traffic impact; this project received interim zoning approval from the Council, it will add traffic to 3 nearby intersection approaches which are presently operating at less than "C" level of service; while the additional traffic generated is on the order of 1 to 12% of existing peak hour flows, the cumulative effects of a number of such projects are significant. The only suggestioi I can offer is to delay a decision on this aspect of the plan until a joint meeting with Council has been held to discuss and resolve the question of acceptable levels of traffic congestion. #3 Twin Oaks Condominiums - Revised Final Plat The layout for this proposal depends on the action of the Zoning Board on Monday evening concerning the variance to the C-0 district. Once the exact layout has been firmed up to the satisfaction of the Commission, engineering and legal details should be finalized before taking action. #4 Treetops Phase II Revised Final Plat The site has been restored to the satisfaction of the Zoning Adminstrator and the building permits have been reinstated (see attached memo). Turning to the revised final plat, buildings and parking have been redistributed: there are 10 more parking spaces than on the previous plan, and they are arranged in a way that is more similar to that in Phase I; the number of dwelling units is unchanged, but 8 units have been moved farther away and uphill from the C-0 area. Bonding and legal documents are in order. #5 Hallmatt Inc. 1 lot subdivision The enclosed map shows this 3.29 acre property, which is presently occupied by the Tower Restaurant and Vallenti printers. The sub- division is planned so lots 1 and 2 are to be setoff for the Tower and Vallenti irespectively, and the remaining 1.72 acres (not a building lot) is to be added to a contiguous lot occupied by the theatre and restaurant complex. Because of the location of the existing structures, it is not possible to separate the two businesses without making the structures non -conforming in relation to the intervening property line. Lots 1 & 2 conform to all other dimensional requirements affected by this plan. The status of sewer and water services to these lots should be cleared up. e '6" vb. -MOT VaX4) - 3� - 8o-�g8o vac _ P�� &It Jul _� WO L �c �. —C,4-L b NIL. ® �:�`t ,C.01�-�� • � f Tl P� GEC_' Memorandum Re: Next Week's Agenda Items 8/8/79 Page 2 #3 Continuation of Public Hearing ont Twin OaksCondominiums This hearing should be tabled until August 28, because the layout changes suggested by the Commission on this plan depend on a variance being granted by the ZBA. This variance, as you may re- call, is from the 150' C-0 District along the Interstate, where there is an odd bulge in the right of way. I recommend the Commission endorse this proposal before the Zoning Board. #4 Vermont Broadcasting Sketch Plan for 2 lot subdivision The division of a 4 acre parcel into 2 equal lots is proposed. There is adequate frontage, and sewer, water, and storm drainage are in place in Joy Drive. My only concern is that the access for the westerly lot (#3) be located towards the proposed dividing line, where sight distances are better. i VEi �RoAi7GQ5T1�IG-Z, s 1 N T .Z -oV►�r cup i WGG�X czcnn -,� b► T6Y M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Twin Oaks Revised Plan Date: July 6, 1979 1. A turnaround should be provided where future street will continue easterly. 2. Kennedy Drive sight distance may be a problem. This street has a 50 M.P.H. speed limit. It also appears the intersection will be on the steepest grade on Kennedy Drive. 3. Water Department to review water -main layout however, main should be extended to property line. 4. Site drainage especially at cluster 4 & 7 must be such so as not to divert runoff to the east. Vni 5u UT V-�u co vein � uW-�- - -cam, � . c�. 5 4, 6, s'7 Kw!ell- 7/1 /-1 aPpwvt�D e�4 R. -roS� V--f 4gj;'' go M E M O R A N D U M To: South Burlington Planning Commission From: Stephen Page, Planner Re: Next Meeting's Agenda Items Date: 7/5/79 #2 Berard Final Plat The lot adjacent to the airport approach lights has been deleted because of inadequate flyover clearance. The other as- pects of the plan remain as before. #3 Twin Oak Revised Final Plat Layout revisions are proposed for phases II & III; they in- clude building configuration, a second curb cut on Kennedy Drive, addition of a trailer storage area, and city streets throughout. The new layout preserves the entire wooded buffer area along the east property line, which was a major concern of the adjoining Forest Park Condominium residents. I am opposed to the additi.pnal access on Kennedy Drive because there will be a future connection to Timber Lane and Kennedy is such an important arterial. Action on the plat should be deferred until final engineering is com- pleted, which can be done after the Commission has decided on an acceptable overall layout plan. A revised phasing plan is also being submitted. #4 Boisvert Preliminart Plat It should be made clear (i.e., note on plan to be recorded) that a substantial portion of the area on the 2 proposed lots is in the C-0 district and thus is not suitable for construction purposes. #5 Victory Final Plat This is a simple 1 lot subdivision, which will tap into an existing sewer; there will be a short water main extension. How- ever, the application is incomplete at this time. #6 Grandview Condominiums (Brand property) Revised Final Plat The layout of buildings has been revised by pulling some of them back in away from the bank; the unit distribution among building has also changed, resulting in one additional 4 unit building, althou the total number of units is the same. I have no adverse comments on the proposed plan. However, the parking lot for the first cluster of units has been (inadvertently?) omitted; also, I suggest that the walks for the new building (M) lead to the adjoining parking area to minimize the amount of on -street parking. Layout changes for phases III & IV should be reviewed later, when utilities and the street have been constructed and their location firmly established. ADMINISTRATIVE CHECKLIST PROJECT NAME/FILE REFERENCE 1. LETTER OF NOTI Twin Oaks ION & APPROVAL MOTION OR FINDINGS & ORDER 2. BONDING OR ESCROW _AGREEMENTS LANDSCAPING SEWER . WATER STORM DRAINAGE ROADS CURBS SIDEWALKS (NOTE ALL RELEASES OR AGREEMENT REVISIONS) 3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTER & _SITE INSPECTIONS COMPLETED, ETC.: 4. UTILITY EASEMENTS *, BILLS OF SALE RECORDED ACCEPTED 5. CERTIFICATE OF TITLE x 6. ROADWAYS DEEDS FOR CITY STREETS ACCEPTED PRIVATE ROAD & WAIVER AGREEMENT x 7. FINAL PLAT OR RECORD COPY — ST ED.* SIGNED, & FILED OR R RDED c 8. PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED 9. MISCELLANEOUS AGREEMENTS LAND FOR ROAD WIDENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SHARED ACCESS POINTS OTHER 10. COPY OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES) 11. FEES — PAID/DATE HEARING BUILDING PERMIT ENGINEERING INSP. SEWER RECREATION (RECORD CALCULATIONS AND DEPOSIT IN ACCOUNT) 12. IMPACT FOLLOW UP i.e., "ON LINE" EVALUATION: SCHOOL KIDS CAR COUNTS PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road, South Burlington, Vermont on Tuesday, July 10 , 197 9, at 7:30 p.m., to consider the following: 1. Final plat application of Rene Berard for enlargement of an existing lot on Berard Drive, an nal two acre lot directly east of 1235 Airport Parkway. 2. Final plat application of Gerald Milot for revisions to a previously approved tinaiplat nown as Twfn Oaks Aijar tments. The primary revisions include relocation of roadways and parking areas, resiting of units, condominium ownership, and revised ui ding r-nnfimtrntinn,_ 3. Preliminary plat application of Maurice Boisvert for a 1 lot subdivision of property directly east or I01 Holmes Roaa, w icy in-,7r)l-,7PP the PxtPnsion of a municipal sewer line. 4. Final plat application of Emery Victory for a 1 lot subdivision south of #9 Victory Drive. Copies of the these applications are available for public inspection at the South Burlington City Hall. Sidney B. Poger, Chairman South Burlington Planning Commission June 23, 1979