HomeMy WebLinkAboutAgenda 05_SP-23-036_24 Berard_ECICITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SP-23-036_24 Berard_ECI_2023-09-19
DEPARTMENT OF PLANNING & ZONING
Report preparation date: September 13, 2023
Plans received: August 11, 2023
24 Berard Drive
Site Plan Application #SP-23-036
Meeting date: September 19, 2023
Owner
K&S Properties, LLC
P.O. Box 2187
South Burlington, VT 05407
Applicant
Ken Pidgeon
Engineers, Construction, Inc.
PO Box 2187
South Burlington, VT 05407
Property Information
Tax Parcel 0200-00024
Mixed Industrial & Commercial Zoning District
Engineer
Krebs & Lansing Consulting Engineers
164 Main Street, Suite 201
Colchester, VT 05446
Location Map
PROJECT DESCRPTION
Site plan application #SP-23-036 of Engineers Construction, Inc., for after-the-fact approval for a
contractor’s yard and alteration of grade. The project consists of authorizing the continued use of a
contractor’s yard to place fill materials, 24 Berard Drive.
CONTEXT
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The applicant has submitted this application in order to continue using the site to place construction fill.
The current application proposes a final condition instead of a duration, effectively meaning the
applicant could use the site to place material until it reached the proposed grade. This is consistent with
how other earth moving project sites have been reviewed and permitted in the City. The property is
located in the mixed industrial-commercial zoning district. It is immediately adjacent to a warehouse
building and an electrical substation, with a variety of smaller uses including auto repair, dog grooming,
and gymnastics across the street. Visibility onto the site from the public right of way is largely screened
by at least 50-ft of existing vegetation. The site contains a number of natural resources, including river
corridor, 100-year floodplain, class II wetland and wetland buffer, habitat block, and steep slopes.
PERMIT HISTORY
The property received approval on March 23, 1998 to place construction fill on this parcel for a period of
10 years (see attachment). That permit has since expired but the applicant has continued to place
construction fill. That approval included very limited information and did not speak to site access or
layout.
In 2004, the applicant obtained a subdivision to add a small amount of frontage on Berard Drive at the
southern end of the property.
COMMENTS
Planning Director Paul Conner and Development Review Planner Marla Keene (“Planning Staff”) have
reviewed the plans submitted on 8/11/23 and offer the following comments. Numbered comments for
the Board’s attention are indicated in red.
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Setbacks, Coverages & Lot Dimensions
There are no existing or proposed structures on the property, therefore building coverage and setback
requirements are not applicable.
Airport Zoning District Required Existing Proposed
Min. Lot Size 40,000 sf 7.68 ac No change
Max. Overall Coverage 70 % 27.4%1 Unknown1
Max. Front Setback Coverage 30% Unknown No change
√ Zoning Compliance
1. The applicant reported a lot coverage of 4.74%. However, based on measurement of areas
the applicant indicated as gravel (which is considered impervious surface under the Land
Development Regulations), Staff estimates existing coverage to be 27.4%. The applicant has
not made a statement as to what the final surface treatment of the proposed fill area will be
therefore it is not possible to determine what the proposed lot coverage will be. However, if
the entire 3.5 acre fill area is finished as gravel, the proposed lot coverage would be 45.6%,
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which is below the maximum allowable lot coverage, leaving additional allowable coverage
for an entrance driveway. Nonetheless, for recordkeeping purposes, Staff recommends the
Board require the applicant to update calculation of both existing and proposed lot coverage
based on the outcome of the remainder of the DRB’s review of the project.
B) SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
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.
The applicant’s narrative states describes the use as “the storage, recycling, and disposal of materials for
ECI’s constructions projects, as well as storage of construction equipment.” The applicant describes
estimated traffic as 44 vehicle trips per hour, with six (6) PM peak hour trips. The trips consist
predominantly of dump trucks with two employee vehicles. Necessarily, since construction equipment is
proposed to be stored, trips will also include large articulated trucks with flat beds.
Staff considers that the Board should impose conditions that require the existing vegetated buffer to
remain, discussed below. Staff considers that due to the nature of the site as a location for placement of
excess material to be wasted, the location of parking areas will change over time.
(2) Parking
There are no parking spaces proposed.
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.
Staff considers these criteria to be not applicable.
14.07 Specific Review Standards
A. Environmental Protection Standards. All proposed development shall be subject to the
applicable requirements of Article 12, Environmental Protection Standards.
Standards of Article 12 are discussed below. Applicable standards include 12.03 Steep Slopes, 12.04
Habitat Block Overlay, 12.06 Wetland Protection Standards and Review Procedures, 12.07 River Corridor
Overlay District, and 12.08 Floodplain Overlay District.
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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.
The purpose of this application is to provide disposal of construction materials as well as storage of
construction equipment. The standards mentioned in this criterion are included 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.
The site has two access points on Berard Drive, one at the north off the cul-de-sac and a second at the
southern end of the public street frontage. The southern access point has an extremely limited sight
distance of approximately 40-ft. Like most local public roads, the speed limit on Berard Drive is 25 mph
and on-street parking is permitted on either side. The southern access point was developed for the
adjoining property but merged with the subject property in 2004 when a subdivision took place to
convey land from the southern property to the subject property. The plans and decision associated with
that approval do not address what is approved to happen with the transferred access point, though a
plan associated with the sketch plan of that 2004 subdivision implies that it was proposed to no longer
used by the adjoining lot (see screenshot below).
2. Due to the limited sight distance and turning radius, Staff has significant concerns about truck
movements here and recommends the Board require the applicant to modify their plans such that the
southern driveway cannot be used by any but passenger vehicles.
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3. Further, the applicant is proposing an equipment storage area near the southern end of the frontage
on Berard Drive in the location of the former parking lot for the adjacent property. Staff considers the
use of this location for equipment storage to necessitate use of the southern access point by articulated
hauling vehicles, which is unsafe. Since this storage area could not alternatively be accessed by the
northern access point, Staff recommends the Board direct the applicant to remove the storage area
and locate it elsewhere on the site accessible from the northern access point.
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.
Building form standards do not apply to this zoning district.
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 3.11(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.
No modifications to a structure are proposed.
G. 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.
4. It appears by placing boulders along the adjoining property lines the applicant will be removing access
to the adjoining lot. The primary access to the adjoining lot is from a more southerly segment of Berard
Drive, as can be seen on sheet C-1.0 Overall Plan. Given the type of vehicles that use the subject
property, and the above recommendation to reduce use of the southern access point, Staff considers
no cross-lot connections to be necessary. Staff recommends the Board confirm their agreement with
this assessment.
H. 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.
There is an existing overhead power line crossing but not serving the site that is not proposed to be
affected by this application. Staff considers this criterion not applicable.
I. 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.
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Staff recommends the Board confirm there is no dumpster on site for landfill waste. If there is, the plan
should be modified to provide enclosure. A small toter-type waste receptacle does not require
enclosure.
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
F. Alteration of Existing Grade
(1) Approval Required. The removal from land or the placing on land of fill, gravel, sand, loam,
topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards,
except when incidental to or in connection with the construction of a structure on the same lot,
shall require the approval of the Development Review Board. The Development Review Board
may grant such approval where such modification is requested in connection with the approval
of a site plan, planned unit development or subdivision plat. This section does not apply to the
removal of earth products in connection with a resource extraction operation (see Section
14.11(G), Earth Products.)
(2 ) Standards and Conditions for Approval.
(a) The Development Review Board shall review a request under this Section for compliance with
the standards contained in this Section 14.11(F) and Section 3.07, Height of Structures of these
regulations. An application under this section shall include the submittal of a site plan, planned
unit development or subdivision plat application showing the area to be filled or removed, and
the existing grade and proposed grade created by removal or addition of material.
In lieu of providing a proposed grade, the applicant has provided the following note on the plan:
Proposed +/- 3.5 acre area for continued fill placement on site, the proposed limits extending
to the northern and wester property line setbacks. Proposed finished grade to match the
elevation of the “upper” southern portion of the site and elevation of Berard Drive, creating
an open flat area with 2:1 side slopes along its eastern limits.
Staff considers the proposed language to be a little unclear and proposes the following instead
of the second sentence:
Proposed finished grade to be lower than or match the existing elevation at the property line
setback, creating an open flat area with 2:1 side slopes along its eastern limits.
5. Existing grade at the limits of the fill area is approximately 279’, with some minor variability.
The existing embankment is 2:1. Staff recommends the Board and applicant carefully review
the proposed modified language and confirm it produces a clear, measurable, and desirable
final condition.
(b) The Development Review Board, in granting approval may impose any conditions it deems
necessary, including, but not limited to, the following:
(i) Duration or phasing of the permit for any length of time.
6. Staff recommends the Board discuss whether they will impose a limit on the permit timeline.
Staff considers the Board may alternatively find that the permit will expire when the grading
reaches the conditions described above.
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(ii) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of
the operations, including grading, seeding and planting, fencing, drainage, and other
appropriate measures.
7. It does not appear the applicant has provided a rehabilitation plan. Staff recommends the
Board circle back to whether they will require such a plan prior to closing the hearing or as a
condition of approval after discussing the comments of the Stormwater section below.
(iii) Provision of a suitable bond or other security in accordance with Section 17.15 adequate
to assure compliance with the provisions of these Regulations.
Staff does not consider a bond necessary for site restoration unless the Board finds it shall
require the applicant to establish a small bond for final stabilization.
(iv) Determination of what shall constitute pre-construction grade under Section 3.07,
Height of Structures.
8. The proposed final condition will create an essentially level site. Staff recommends the Board
ask the applicant to describe for what purposes the final condition could be used. If the final
condition could be used as a building site, Staff recommends the Board establish the proposed
condition as pre-construction grade.
C) ARTICLE 12: ENVIRONMENTAL PROTECTION STANDARDS
The site contains a number of natural resources, including river corridor, 100-year floodplain, class II
wetland and wetland buffer, habitat block, and steep slopes.
This section is organized to review each applicable natural resource, and then return to standards
applicable to all natural resource impacts.
12.03 Steep Slopes
Steep slopes are defined as those between 15 and 25%. Very steep slopes are those over 25%. Human-
made slopes that are previously permitted by the City are exempt from the definition of steep slopes.
The site has large areas of slopes over 25% that are clearly human-made. While any slopes constructed
since 2008 (the expiration of the previous approval) are technically not previously permitted by the City,
Staff considers the Board may wish to exempt all human-made steep slopes since it is somewhat
infeasible to differentiate those constructed prior to 2008 and those constructed since that time.
In addition to the human-made steep slopes, there appears to be at least one and potentially two areas
of natural steep slopes. The first is at the toe of the human-made slope proximate to the Winooski
River. The second is at the west side of the site proximate to Berard Drive.
E. Standards.
(1) Very Steep Slope Standards. Development other than Restricted Infrastructure
Encroachment is prohibited on very steep slopes.
9. Slopes proximate to Berard Drive exceed 25%. Unless the applicant can demonstrate that the
slopes in this area are human-made as part of the expired approval, or an older approval, Staff
recommends the Board require the applicant to modify the limits of the proposed fill area to
exclude what remains of these natural very steep slopes.
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(2) Steep Slope Standards.
The toe of the human-made slopes near the Winooski River is generally between 15 and 25%.
The applicant is not proposing any new work in this area.
(a) All development must be designed to avoid undue adverse effects on steep slopes
which may include, but are not limited to, undue clearing of vegetation, excavation,
and/or filling.
(b) All recommendations of the slope stability analysis submitted with the application shall
be required by the DRB or Administrative Officer.
Staff considers these criteria met.
12.04 Habitat Block Overlay District
The project contains a small area of habitat block on the western side of the site, approximately 800 sf
of which is impacted by an existing stone spillway and the existing sediment pond.
D. Modification of Habitat Block.
An applicant may request approval from the Development Review Board to modify a Habitat
Block in any of the following manners. An applicant may select any one of the three modification
options below. A development application may not include more than one option for any
application.
(1) Minor Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary
of a Habitat Block by up to fifty (50) feet in any direction to account for site-specific
conditions, upon written request by the applicant as part of the requisite application. Any
proposed reduction in Habitat Block area must be offset with an equal addition elsewhere
within the same subject parcel or Planned Unit Development. The land to be protected
through the modification of the Habitat Block boundary must be contiguous to the Habitat
Block. In no case shall the Development Review Board approve a net reduction of the area
of a Habitat Block.
The applicant is proposing to modify the boundary of the habitat block to allow the existing
stone spillway and sediment pond to persist. The maximum width of the adjustment is 13 ft.
They are proposing to designate a new 800 sf area just south of the area to be removed. Staff
considers this criterion met.
Staff recommends the Board include a condition specifically stating that the sediment pond
and stone spillway may only be enlarged to the west, to prevent future encroachment into
the habitat block.
(2) Small On-Site Habitat Block Exchange.
The applicant is not proposing this type of exchange.
(3) Larger Area Habitat Block Exchange.
The applicant is not proposing this type of exchange.
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12.06 Wetland Protection Standards
The property contains a riparian Class II wetland along the Winooski River. In this industrial zoning
district, it is subject to a 50-ft buffer. Existing impacts include the location of concrete barriers at the toe
of slope, and the presence of the existing stone spillway downstream of the existing settling pond.
D. Standards for Wetlands Protection.
(4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within
a wetlands buffer that were legally in existence as of the effective date of these regulations
shall be considered non-conforming development. Non-conforming development within a
wetlands buffer may not be expanded.
The applicant verbally indicated to Staff their belief that removing the concrete barriers would
require a greater impact to the wetland, in order to access them with the equipment necessary
for removal, than allowing them to remain. Staff recommends the Board permit the concrete
barriers to remain even though they are no longer serving a purpose, and include a condition
that the sediment pond and stone spillway may not be expanded.
12.07 River Corridor Overlay District
There is a small area of existing impacted river corridor. There is no proposed expansion to the river
corridor impacts. Staff therefore considers these criteria not applicable. No additional vegetation
clearing is permitted.
12.08 Floodplain Overlay District (FP)
The site contains 100-year floodplain for the Winooski River. A portion of the mapped floodplain is in
the area proposed to be filled, highlighted in yellow in the below screen shot.
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The project also proposes impacts to the 500-year floodplain, not shown on the map submitted by the
applicant. This area surrounds the impacted 100-year floodplain, and is shown in light purple on the
below GIS map excerpt.
D. Administration.
(1) Floodplain Review. All development in the City of South Burlington located within the
Floodplain Overlay District shall be subject to Floodplain Review. The Floodplain Overlay
District overlays other existing zoning districts. All other requirements of the underlying
district shall apply in addition to the provisions herein, unless otherwise indicated. The
Floodplain Overlay District is composed of two areas:
(a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones
include those areas of special flood hazard designated in and on the most current
flood insurance studies and maps published by the Department of Homeland Security,
Federal Emergency Management Agency, National Flood Insurance Program and
mapped as Zones A, AE, or A1-30.
Flood Insurance Rate Map (FIRM) 5007C0256D shows this site contains an area of Zone
A.
(b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones
include those areas of special flood hazard designated in and on the most current
flood insurance studies and maps published by the Department of Homeland Security,
Federal Emergency Management Agency, National Flood Insurance Program, and as
depicted on the Natural Resources Map as Zone 0.2% B1 and Zone 0.2% B2. Floodplain
Overlay District Zone 0.2% B1 is composed of areas of the 500-year floodplain that are
already substantially developed and where additional opportunities for infill
development is appropriate. Floodplain Overlay District Zone 0.2% B2 is composed of
areas of the 500-year floodplain that are not developed and where future
development is not appropriate.
Flood Insurance Rate Map (FIRM) 5007C0256D shows this site contains an area of Zone
0.2%.
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(2) Interpretation. The information presented on any maps, or contained in any studies,
adopted by reference, is presumed accurate. However, if uncertainty exists regarding the
Floodplain Overlay District boundary, the following procedure shall be followed:
(a) If uncertainty exists with respect to the boundaries of the Floodplain Overlay District
Zones A, AE, and A1-30 the location of the boundary shall be determined by the
Administrative Officer. If the applicant disagrees with the determination made by the
Administrative Officer, a Letter of Map Amendment from FEMA shall constitute proof
that the property is not located within the Special Flood Hazard Area.
Staff, in their capacity as Administrative Officer, has reviewed the flood insurance study
and FIRM associate with this location and determined the base flood elevation in this
location is between 204 and 205. Extrapolating the survey contours, it appears the
impacted area was once within the base flood elevation. However, since the area has
since been filled, the Administrative Officer finds the impacted area of flood plain to be
incorrectly mapped and the base flood elevation is now at the toe of slope. Therefore
no impacts to Zone A are proposed.
(b) If uncertainty exists with respect to the boundaries of the Floodplain Overlay District
Zones 0.2% B1 and B2 the location of the boundary shall be determined by the
Administrative Officer. If the applicant disagrees with the determination made by the
Administrative Officer, the applicant may appeal the determination in accordance
with Article 17.
Staff, in their capacity as Administrative Officer, has reviewed the flood insurance study
and FIRM associated with this location and determined the 0.2% chance annual flood in
this location is between 207.7 and 209. Similarly to the base flood elevation, since the
area has been filled, the Administrative Officer finds the impacted area of floodplain to
be incorrectly mapped and the 0.2% flood elevation to be approximately 3 – 4 feet up
the rock-stabilized slope from the toe. Therefore no impacts to Zone 0.2% are
proposed.
D) SUPPLEMENTAL STANDARDS
13.03 Bicycle Parking and Storage
Bicycle parking for non-residential usage is based on square footage of buildings. Since there are no
buildings on the property, Staff considers this criterion to be not applicable.
13.04 Landscaping, Screening, and Street Trees.
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
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residential district or institutional use, or (d) a parking or loading area is adjacent to or visible
from a public street.
10. The applicant is proposing to retain a 30-ft vegetated buffer between the site and the public street.
There is no existing or proposed buffer between the site and the warehouse site to the south. Staff
recommends the Board determine whether to require screening in this location. If so, the following
standards apply.
(1) There shall be sufficient landscaping, walls, or fencing of sufficient height (minimum of
three (3) feet) and opacity to effectively screen the parking or loading area year-round
from adjacent public streets.
(2) Screening of a parking or loading shall be provided where headlights from vehicles on
site may be visible and project parallel to a public street.
(3) There shall be sufficient landscaping, walls, or fencing of sufficient height and opacity
to effectively screen outdoor storage areas, refuse, recycling, and compost collection
(excluding on-site composting) areas.
(4) The landscaping shall be designed to minimize erosion and stormwater runoff, and to
protect neighboring residential properties from the view of uses and parking areas on
the site. The landscaping shall be of such type, height, and spacing, as in the judgment
of the Development Review Board, will effectively screen the activities on the lot from
the view of persons standing on adjoining properties. The plan and specifications for
such planting shall be filed with the approved plan for the use of the lot
(5) Modifications. Where the existing topography and/or landscaping provides adequate
screening or would render the normally required screening inadequate, the
Development Review Board may modify the planting and/or buffer requirements by,
respectively, decreasing or increasing the requirements.
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).
Staff considers this criterion met.
13.05 Stormwater Management
Staff reviewed the project with the Assistant Stormwater Superintendent on 9/12/2023. South
Burlington stormwater management standards are applicable to developed properties involving more
than ½ acre of impervious surfaces. This type of use, consisting of ongoing construction rather than a
developed property, is not contemplated in the LDR. The use instead is similar to the State’s Multisector
General Permit (“MSGP”) program regulating industrial activities. The MSGP requires stormwater
management akin to erosion prevention and sediment control. Accordingly, the City Stormwater
Section provided the following comments on the project’s erosion prevention and sediment control.
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The existing catch basin in the center of the site shall be equipped with inlet protection until such
time as it is capped to allow ongoing fill of the property.
The existing sediment pond shall be cleaned and enlarged on an as-needed basis to capture and
treat flows prior to discharge.
11. In conjunction with the conditions imposed above pertaining to alteration of grade, Staff recommends
the Board find that the site shall be topsoiled and seeded once final grade is met, and once final grade
is met shall no longer be permitted to be used as a contractor yard. If the applicant desires to continue
use as a contractors’ yard, a portion of the site will be considered impervious and will require
stormwater treatment pursuant to the LDR, and site plan amendment will be required.
13.06 Airport Approach Cones
All applications for development within the Airport Approach Cones, as shown on the Overlay Districts
Map, involving new or expanded buildings or structures shall provide documentation that either a
Notice to the Federal Aviation Authority (FAA) is not required, or an application for a Determination of
No Hazard has been submitted to the FAA. Where an application for Determination of No Hazard has
been submitted, no zoning permit for construction shall be issued without demonstration of receipt of
an issued Determination.
The project is located in an Airport Approach Cone but no buildings or structures are proposed. The
applicant has received a Determination of No Hazard from the FAA.
13.07 Exterior Lighting
No exterior lighting is proposed.
13.08 Outside 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.
12. Staff considers the primary use of the property to be a place to waste excess materials and the
secondary use to be contractors’ yard, though the LDR does not have a defined use for “waste excess
materials” or similar. Staff recommends the Board confirm they agree with Staff’s interpretation that
the outdoor storage associated with the contractors’ yard is appurtenant as required by this criterion.
(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.
13. In addition to the screening from the public road discussed under 13.04, the applicant is proposing to
install boulders “or equivalent” along the north and south property lines, presumably to prevent
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encroachment into adjoining properties. Staff recommends the Board ask the applicant what “or
equivalent” might mean. Fences must be shown on the site plan and details provided if proposed.
RECOMMENDATION
Staff recommends that the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, Development Review Planner
1.This plan is in no way a boundary survey. Property lines shown are
based on tax map information from the City of South Burlington and a
plan entitled "Property To Be Conveyed By Alan & Maureen Pidgeon
Boundary Line Adjustment for Alan & Maureen Pidgeon & K&S
Properties, LLC To Vermont Transco LLC, Berard Drive, South
Burlington, Vermont" by Vermont Surveying and Engineering, dated
12-28-10 and recorded in Map Slide 557, Page 2 of the City of South
Burlington Land Records.
2.The horizontal coordinate system is based on NAD83 Vermont State
Plane 4400 (US Survey Feet). Elevations are based on the NAVD88
datum (US Survey Feet).
3.Existing utilities shown are not warranted to be exact or complete.
Contractor shall contact DIG SAFE and other non-member utilities
prior to beginning any excavation.
4.Existing conditions shown are based on 2014 LiDAR data from the
Vermont Center for Geographic Information (VCGI), and a
topographic survey by Krebs & Lansing Consulting Engineers in May
2023. Background imagery shown is 2022 orthoimagery from VCGI.
5.Wetlands shown were delineated by Arrowwood Environmental on
June 27, 2023 and located by Krebs & Lansing Consulting Engineers
on July 10, 2023.
6.The Base Flood Elevation (BFE) of the 100-year flood adjacent to the
site is approximately 204.5 feet in elevation, based on FEMA FIRM
Map No.50007C0256D with effective date July 18, 2011. The limits
of the 100-year floodplain shown on this plan are based on VCGI
data and do not reflect the changes in elevation in this area.
C-1.0
Drawing No.
Project No.
No. Date Description
Drawing Title
Drawn by
Checked by
JBC
Scale
Revisions
Date
1" = 80'
23168
7/28/2023
ECI Berard
Drive Facility
Overall Plan
NOTES
164 Main Street, Suite 201 P: (802) 878-0375
Colchester, Vermont 05446 www.krebsandlansing.com
SITE
LOCATION MAP
SCALE: 1" = 2,500'
JBC
24 Berard Drive
South Burlington
ISSUED FOR PERMIT REVIEW
NOT FOR CONSTRUCTION
EXISTING GRADE 5 FOOT CONTOUR LINES
EXISTING GRADE 1 FOOT CONTOUR LINES
100-YEAR FLOODPLAIN BOUNDARY (VCGI)
RIVER CORRIDOR (VCGI)
REGULATORY FLOODWAY AREA (VCGI)
IRON PIPE / CONCRETE MONUMENT FOUND
PROJECT PROPERTY LINE
EXISTING OVERHEAD POWER LINES
APPROXIMATE PROPERTY LINES
LEGEND:
AIRPORT APPROACH ZONE BOUNDARY
WETLANDS (LOCATED BY ARROWWOOD)
EXISTING STORM PIPE / CATCH BASIN
EXISTING CONCRETE BARRIERS
50' WETLAND BUFFER
EXISTING GRAVEL BERM
HABITAT BLOCK (VCGI)
EXISTING TREELINE
EXISTING CHAINLINK FENCE
>
>
>
>
>
>
>>>
>>>>>>>>>>>>>>>>164 Main Street, Suite 201 P: (802) 878-0375
Colchester, Vermont 05446 www.krebsandlansing.com
LANDOWNER: K & S Properties, LLC
P.O. Box 2187, South Burlington, VT
APPLICANT: Ken Pidgeon
Engineers Construction, Inc.
P.O. Box 2187, South Burlington, VT
ADDRESS: 24 Berard Drive
PARCEL ID:0200-00024
Existing Areas:
Existing Lot Size = 7.68 acres (±334,450 s.f.)
Existing Impervious Areas:
Existing Buildings = 0 s.f.
Existing Paved & Gravel Roads = ±15,865 s.f. (±0.37 acres)
TOTAL Existing Impervious Area = 15,865 s.f.
Total Existing Lot Coverage = 15,865 / 334,450 = 4.74%
ISSUED FOR PERMIT REVIEW
NOT FOR CONSTRUCTION
C-1.1
Drawing No.
Project No.
No. Date Description
Drawing Title
Drawn by
Checked by
JBC
Scale
Revisions
Date
1" = 50'
23168
7/28/2023
ECI Berard
Drive Facility
Ex. Conditions
Plan
JBC
24 Berard Drive
South Burlington
Planning & Zoning Information
Zoning District:
MIXED INDUSTRIAL & COMMERCIAL (IC)
Minimum Lot Size = 40,000 s.f.
Maximum Building Coverage = 40%
Maximum Impervious Coverage = 70%
Front Setback = 30 feet
Side Setback = 10 feet
Rear Setback = 30 feet
SITE
LOCATION MAP
SCALE: 1" = 2,500'
EXISTING GRADE 5 FOOT CONTOUR LINES
EXISTING GRADE 1 FOOT CONTOUR LINES
100-YEAR FLOODPLAIN BOUNDARY (VCGI)
RIVER CORRIDOR (VCGI)
REGULATORY FLOODWAY AREA (VCGI)
IRON PIPE / CONCRETE MONUMENT FOUND
PROJECT PROPERTY LINE
PROPERTY LINE SETBACKS
EXISTING OVERHEAD POWER LINES
APPROXIMATE PROPERTY LINES
LEGEND:
AIRPORT APPROACH ZONE BOUNDARY
EXISTING STORM PIPE / CATCH BASIN
EXISTING CONCRETE BARRIERS
EXISTING DRAINAGE SWALE>>
50' WETLAND BUFFER
EXISTING GRAVEL BERM
WETLANDS (LOCATED BY ARROWWOOD)
HABITAT BLOCK (VCGI)
EXISTING TREELINE
EXISTING CHAINLINK FENCE
>
>
>
>
>
>
>>>
>>>>>>>>>>>>>>>>164 Main Street, Suite 201 P: (802) 878-0375
Colchester, Vermont 05446 www.krebsandlansing.com
LANDOWNER: K & S Properties, LLC
P.O. Box 2187, South Burlington, VT
APPLICANT: Ken Pidgeon
Engineers Construction, Inc.
P.O. Box 2187, South Burlington, VT
ADDRESS: 24 Berard Drive
PARCEL ID:0200-00024
Existing Areas:
Existing Lot Size = 7.68 acres (±334,450 s.f.)
Existing Impervious Areas:
Existing Buildings = 0 s.f.
Existing Paved & Gravel Roads = ±15,865 s.f. (±0.37 acres)
TOTAL Existing Impervious Area = 15,865 s.f.
Total Existing Lot Coverage = 15,865 / 334,450 = 4.74%
ISSUED FOR PERMIT REVIEW
NOT FOR CONSTRUCTION
C-1.2
Drawing No.
Project No.
No. Date Description
Drawing Title
Drawn by
Checked by
JBC
Scale
Revisions
Date
1" = 50'
23168
7/28/2023
ECI Berard
Drive Facility
Site Plan
JBC
24 Berard Drive
South Burlington
Planning & Zoning Information
Zoning District:
MIXED INDUSTRIAL & COMMERCIAL (IC)
Minimum Lot Size = 40,000 s.f.
Maximum Building Coverage = 40%
Maximum Impervious Coverage = 70%
Front Setback = 30 feet
Side Setback = 10 feet
Rear Setback = 30 feet
SITE
LOCATION MAP
SCALE: 1" = 2,500'
EXISTING GRADE 5 FOOT CONTOUR LINES
EXISTING GRADE 1 FOOT CONTOUR LINES
100-YEAR FLOODPLAIN BOUNDARY (VCGI)
RIVER CORRIDOR (VCGI)
REGULATORY FLOODWAY AREA (VCGI)
IRON PIPE / CONCRETE MONUMENT FOUND
PROJECT PROPERTY LINE
PROPERTY LINE SETBACKS
EXISTING OVERHEAD POWER LINES
APPROXIMATE PROPERTY LINES
LEGEND:
AIRPORT APPROACH ZONE BOUNDARY
EXISTING CONCRETE BARRIERS
50' WETLAND BUFFER
EXISTING GRAVEL BERM
PROPOSED FILL AREA
HABITAT BLOCK IMPACT AREA
HABITAT BLOCK IMPACT MITIGATION AREA
WETLANDS (LOCATED BY ARROWWOOD)
PROPOSED CLEARING LIMITS
PROPOSED AREA OF CLEARING
Proposed Areas:
Proposed Clearing Area = ±0.59 acres (±25,575 s.f.)
Proposed Fill Area = ±3.50 acres (±152,275 s.f.)
HABITAT BLOCK (VCGI)
EXISTING TREELINE
EXISTING CHAINLINK FENCE
28
0
27
0
26
0
260
25
0
25
0
25
0
255235
260
270
240230
2
2
0
2
1
0
200
1
90
24
9
24
9 24027527
0
27
5
24
5
240
215
21
0
20
5
20
0265270275278
280STAMP:
EC-1.0
Drawing No.
Project No.
No. Date Description
Drawing Title
Drawn by
Checked by
TJB
Scale
Revisions
Date
Project:
1" = 60'
07118
01/25/2023
Berard Drive
Fill Site
Erosion and Sediment
Control Plan
164 Main Street, Suite 201 P: (802) 878-0375
Colchester, Vermont 05446 www.krebsandlansing.com
Approximate
Limits of Site
(2 Acres)
Erosion Prevention and Sediment Control Notes
Winter Construction Requirements (October 15th - April 15th)
Install and maintain silt
fence downslope of work
area. Silt fence shall be
install ever 25' vertically
on steep slopes as fill is
added.
Install and maintain silt
fence downslope of work
area. Silt fence shall be
install ever on steep
slopes.
Install and maintain
stabilized construction
entrance as needed to
prevent tracking of
sediment off site.
See notes for additional
temporary stabilization and
other erosion prevention and
sediment control requirements
in the active earthwork areas
Install and maintain stone
check dams and stone
stabilization in areas where
flows may be concentrated.
Sweep pavement as
necessary to remove any
sediment that may be
tracked onto the pavement
Use sediment filter bag
for any dewatering
activities.
ECI Berard Drive Facility
K&S Properties, LLC
24 Berard Drive, South Burlington
July 28, 2023
Page 1 of 3
PROJECT NARRATIVE
The ECI Berard Drive Facility is an existing site used for the storage, recycling and disposal of materials
for ECI’s construction projects, as well as storage of construction equipment. The site was initially
permitted in LD 99-01 as a 10-acre fill site. It is currently permitted by the State to operate as a
Categorical Disposal Facility for the disposal of up to 3,200 tons per year of concrete, asphalt, brick, and
road, bridge and highway construction debris.
Disposal of materials is minimized as much as possible in order to preserve the capacity of the site.
Concrete debris generated from construction projects is processed and disposed of on site after the rebar
has been removed and the concrete broken into smaller pieces. When possible, other construction
materials which are suitable for fill, such as gravel or brick, are processed and disposed of on site.
Materials stockpiled and stored on site typically include soil, crushed stone, processed gravel, concrete
debris, and asphalt pavement millings. The millings are recycled and reused as pavement or pavement
subbase. Construction equipment and storage trailers are stored in the southwestern corner of the site.
Construction materials such as pipes and concrete structures are also occasionally stored on site for an
upcoming project.
The project is applying for:
Alteration of Existing Grade approval for continued placement of fill on site. Proposed limits
extending to the northern and western property line setbacks. Proposed finished grade to match
the elevation of the “upper” southern portion of the site and also the elevation of Berard Drive,
creating an open flat area with 2:1 side slopes along the eastern limits of the site.
Contractor’s Yard approval to continue operations on the site for the storage, recycling and
disposal of construction materials, as well as storage of construction equipment.
Access approval for the continued use of the existing southern drive as a second point of access
for the site for dump trucks and light duty trucks.
The proposed fill area limits, locations of existing materials stockpiles and existing southern access drive
with proposed changes are shown on sheet C-1.2.
The site is located within an Airport Approach Zone and has received an FAA Determination of No
Hazard. A copy of the letter has been included in the Site Plan application.
Existing Parcel Information:
The existing parcel is ±7.7 acres, which are the remaining lands of the original 10-acre parcel after 2.3
acres were conveyed to VELCO in 2012, see Map Slide 557, Page 2. The parcel is abutted on the north
by the VELCO parcel and substation, on the east by two wooded and undeveloped parcels, on the south
by two existing commercial lots, and on the west by Berard Drive. With the exception of the Movable
Peaks commercial lot to the south, the site is screened by existing vegetation along its boundaries with the
remaining abutting parcels and Berard Drive. The existing boundary between the project parcel and the
Movable Peaks parcel was created as part of a boundary line adjustment in 2004, see Map Slide 433.
ECI Berard Drive Facility
K&S Properties, LLC
24 Berard Drive, South Burlington
July 28, 2023
Page 2 of 3
As part of the boundary line adjustment, an agreement was made that ECI would repair and stabilize the
eroding bank behind the Movable Peaks building. In exchange, ECI would be allowed to use the area to
place fill until it was brought up in elevation to match the existing parking lot to provide more usable
space on the lot for Movable Peaks. At this point, it appears that the terms of the agreement have been
fulfilled and ECI will remove any material stockpiles or equipment located on the Movable Peaks parcel.
Boulders or equivalent objects will be placed along this shared boundary line so that it is demarcated and
visible in the field.
Natural Resources & Impacts:
There are several natural resources located along the northeastern limits of the parcel, including the
Winooski River Corridor, a class II wetland and 50’ wetland buffer, 100-year floodplain, and Habitat
Block. The locations of the class II wetland and 50’ wetland buffer are based on a wetland delineation
performed by Arrowwood Environmental on June 27, 2023. The locations of the River Corridor, 100-
year floodplain and Habitat Block are based on VCGI mapping information.
The existing site, as defined by the location of the existing concrete barriers, affects portions of the River
Corridor, 50’ wetland buffer, Habitat Block, and 100-year floodplain in the northeastern corner of the site.
The existing concrete barriers were originally placed to mark the limits of fill when it was initially being
placed in this area of the site.
The River Corridor impact is ±180 sq. ft from the existing fill and concrete barriers. The existing fill,
concrete barriers and stone spillway impact ±2,790 sq. ft. of the 50’ wetland buffer, ±800 sq. ft. of the
Habitat Block, and ±1,650 sq. ft. of the 100-year floodplain. The 100-year floodplain impacts are based
on the existing elevations in this area. The mapped limits of the 100-year floodplain which are shown on
the plans do not accurately reflect the existing elevations on the site. The Base Flood Elevation for the
100-year floodplain adjacent to the project parcel is approximately 204.5 feet, based on the attached
FEMA FIRM Map No. 50007C0256D.
The northeastern area of the site has not been active for many years and there are no proposed changes to
the site in this area. The project proposes to preserve an ±800 sq. ft. wooded area adjacent to the Habitat
Block for impact mitigation. Because this area of the site is inactive and is fully revegetated, the project
proposes leaving the existing fill, concrete barriers and stone spillway in their current locations to avoid
potentially causing greater disturbance to the natural resources in this area from the heavy machinery and
equipment required to remove them than if they were to remain in place.
Stormwater:
The site has been covered by Low-Risk Stormwater Permit 5362-9020 and subsequent renewals since
2007. Stormwater runoff from the “lower” northern portion of the site is either collected by a catch basin
which outlets to a stone outfall near the 50’ wetland buffer, or travels overland via sheet flow along
existing vegetation to an existing settling pond with stone spillway. Stormwater runoff from the “upper”
southern portion of the site travels overland via sheet flow along either existing vegetation or an existing
vegetated swale into an existing settling pond with stone spillway.
Existing gravel berms located along the perimeter of the top of the banks are used for erosion prevention
from stormwater runoff. A damaged section of the gravel berm located in the northern portion of the site
has been repaired. The existing settling pond will be cleaned out and sediment build up removed.
ECI Berard Drive Facility
K&S Properties, LLC
24 Berard Drive, South Burlington
July 28, 2023
Page 3 of 3
Upon completion of filling operations, stormwater runoff would either be collected and treated on site if
possible using a practice similar to the existing settling pond with stabilized stone outfall, or connected
into the existing catch basins and storm pipes along Berard Drive.
Vehicle Traffic:
The site typically generates an estimated traffic volume of 10 to 20 dump trucks per day entering and
leaving the site between 7am and 5pm. Using a conservative measure of 20 trucks per day produces an
average of two trucks per hour coming in and out of the site throughout the day.
Based on an estimated 20 dump trucks per day, plus 2 light duty employee trucks, the site typically
generates an estimated 44 total vehicle trip ends (2 trips x 20 dump trucks + 2 trips x 2 light duty trucks)
between 7am and 5pm, and generates six PM Peak Hour trip ends between 4pm and 5pm (2 trips x 2
dump trucks + 1 trip x 2 light duty trucks).
Depending on the amount of materials generated by a particular project, vehicle traffic entering and
leaving the site can occasionally increase beyond the typical volume of 10 to 20 dump trucks per day.
However, this temporary increase in vehicle traffic would have minimal effect on the PM Peak Hour
between 4pm and 5pm, since activities at ECI’s construction sites and the Berard Drive facility are
typically winding down their operations during this time of the day.
Southern Access Drive:
At the existing southern access drive, the project proposes minor clearing along the eastern limits of the
Berard Drive right-of-way in order to improve the sight distance as much as possible, while still
maintaining existing vegetative screening.
The project proposes placing a “Trucks Entering” warning sign 500 feet south of the existing drive, and to
limit the type of vehicles using the southern drive to only light duty trucks and dump trucks. The existing
northern drive would be used for accessing the site with larger vehicles such as lowbed delivery vehicles
or other large articulating trucks.
These proposed changes for the existing southern access drive are shown on Sheet C-1.2.
Page 1 of 8
Looking towards Berard Drive from end of existing southern access drive.
Page 2 of 8
Looking southerly along Berard Drive from existing southern access drive.
Page 3 of 8
Looking northerly along Berard Drive from existing southern access drive.
Page 4 of 8
Recycled asphalt and concrete debris stockpiles located on the “upper” southern portion of site.
Page 5 of 8
Processed gravel and soil stockpiles located on the “upper” southern portion of site.
Page 6 of 8
Looking northerly along ex. gravel drive at the “lower” northern portion of site.
Page 7 of 8
Looking southerly from end of existing northern access drive at the “upper” southern portion of site.
Page 8 of 8
Looking southerly at the “upper” southern portion of the site and at the gravel berms located along
the perimeter of the “lower” northern portion of the site.
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2023-ANE-3410-OE
Page 1 of 5
Issued Date: 07/17/2023
Ken Pidgeon
K&S Properties, LLC
P.O. Box 2187
South Burlington, VT 05407
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Construction and Demolition (C&D) Landfill ECI Berard Drive Facility
Location:South Burlington, VT
Latitude:44-29-08.98N NAD 83
Longitude:73-10-12.79W
Heights:280 feet site elevation (SE)
15 feet above ground level (AGL)
295 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 M.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, will void this determination. Any future construction or alteration, including increase to heights,
power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all
previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
Page 2 of 5
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact Scott Desmarais, at (404) 305-6429, or roger.s-
ctr.desmarais@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical
Study Number 2023-ANE-3410-OE.
Signature Control No: 589577035-593585050 ( DNE )
Mike Helvey
Manager, Obstruction Evaluation Group
Attachment(s)
Case Description
Map(s)
Page 3 of 5
Case Description for ASN 2023-ANE-3410-OE
Request Determination of No Hazard for an existing Construction & Demolition Landfill and fill site.
Page 4 of 5
TOPO Map for ASN 2023-ANE-3410-OE
Page 5 of 5
Sectional Map for ASN 2023-ANE-3410-OE
1 of 5
5362-9020.R6
Vermont Department of Environmental Conservation Watershed Management Division 1 National Life Drive, Davis 3 Montpelier, VT 05620-3522
Agency of Natural Resources
[phone] 802-828-1115
3/21/2023 Dear Permittee(s), The Notice of Intent for the discharge of stormwater runoff from Low Risk Construction Activity under Construction General Permit (CGP) 3-9020 (March 19, 2020) has been authorized. You will need the following documents to maintain compliance with this authorization. Enclosed with this cover letter is your Authorization to Discharge under General Permit 3-9020 and a copy of the Notice of Authorization that you must post at your construction site. In addition, any additional Owners and Operators that were not identified on the Notice of Intent at the time of application must file a Notice of Addition of Co-Permittee. See below for more details on these and other permit requirements.
1. Authorization to Discharge under General Permit 3-9020 The authorization for Low Risk Construction Activity is valid for five years from the date of the authorization. If the project will proceed past the expiration date, you must reapply for coverage under this or another construction stormwater permit before that time. If the project is completed or is sold before that time, you may terminate the authorization by submitting a Notice of Termination, subject to Subpart 7.4 of CGP 3-9020. Any proposed project changes must be first evaluated in accordance with the terms, conditions, and eligibility provisions set forth in Part 5 of CGP 3-9020.
2. Notice of Authorization for Posting The Notice of Authorization, which details the authorization and conditions you selected in completing Appendix A to the CGP,
must be posted in a location visible to the public in accordance with Subpart 4.5.C of the CGP.
3. Notice of Addition of Co-Permittee This form must be submitted for every additional Owner and/or Operator who joins the project, in accordance with Subpart 7.3 of the CGP. Use ANR Online to file all Notice of Additions. ANR Online can be accessed using the following link: https://anronline.vermont.gov. Instructions on creating an account are available on the main page. Low Risk Site Handbook for Erosion Prevention and Sediment Control
Please provide the Owner(s) and Operator(s) access to the Low Risk Site Handbook for Erosion
Prevention and Sediment Control. This handbook details the practices that must be implemented
throughout the construction project to prevent erosion and the discharge of sediment from the construction site. Some practices must be in place before construction begins, so please review the
entire handbook before starting the project. The handbook can be found at the website below. Please
email anr.wsmdstormwatergeneral@vermont.gov to request a printing of the handbook if you are unable to do so.
The CGP, copies of pertinent forms, and an electronic version of the Low Risk Site Handbook for Erosion Prevention and Sediment Control are available on the Stormwater Program website. If you have any questions related to your authorization, please contact the Environmental Analyst in the Stormwater District where your project is located. Sincerely, Stormwater Management Program
5362-9020.R6
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5362-9020.R6
THIS PAGE WAS INTENTIONALLY LEFT BLANK
5362-9020.R6
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5362-9020.R6
Permit Number: 5362-9020.R6
VERMONT DEPARTMENT OF ENVIRONMENTAL CONSERVATION AUTHORIZATION TO DISCHARGE UNDER GENERAL PERMIT 3-9020 A determination has been made that the applicant(s) (here in after "permittee"):
K and S Properties, LLC P.O. Box 2187
South Burlington, VT 05407
meets the criteria necessary for inclusion under General Permit 3-9020 for low risk construction activities. Subject to the conditions and eligibility provisions of General Permit 3-9020, the permittee is authorized to discharge stormwater to the Winooski River from the following construction activities: The site is to be used as an off-site soil disposal area for construction support The project is located at 24 Berard Drive in South Burlington, Vermont.
1. Effective Date and Expiration Date of this Authorization: This authorization to discharge shall become effective on March 21, 2023 and shall continue until March 20, 2028. The permittee shall reapply for coverage at least 60 days prior to expiration if the project has not achieved final stabilization or if construction activities are expected after the date of expiration.
2. Compliance with General Permit 3-9020 and this Authorization: The permittee shall comply with this authorization and all the terms, conditions, and eligibility provisions of General Permit 3-9020. The completed Notice of Intent (NOI) and Appendix A completed for this project are incorporated by reference into this authorization and are included in the terms of this authorization. These terms include:
Implementation and maintenance of erosion prevention and sediment control practices required by the Low Risk Site Handbook for Erosion Prevention and Sediment Control.
All areas of disturbance must have temporary or final stabilization within 14 days of the initial disturbance. After this time, disturbed areas must be temporarily or permanently stabilized in advance of any runoff producing event. A runoff producing event is an event that produces runoff from the
construction site. The following exception to the above stabilization requirements apply:
o Temporary stabilization is not required if work is occurring in a self-contained excavation (i.e. no outlet) with a depth of 2 feet or greater (e.g. house foundation excavation, utility trenches). Areas of a construction site that drain to sediment basins are not considered
eligible for this exemption and the exemption applies only to the excavated area itself.
The total authorized disturbance is 2.00 acre(s).
No more than 2.00 acres of land may be disturbed at any one time.
No disturbance shall occur within 50 feet (horizontal) upslope of any stream or river, wetland, lake, or pond.
All stormwater discharges from the construction site to any receiving water shall first filter through a 50-ft. vegetated buffer.
Inspections shall be conducted at least once every (7) calendar days and daily during the winter construction period (October 15 through April 15), for all areas that have been disturbed and are not yet finally stabilized. In addition:
o If visibly discolored stormwater runs off the construction site or discharges to waters of the State, the permittee shall take immediate corrective action to inspect and maintain existing best management practices (BMPs), and to install supplemental BMPs necessary to minimize and prevent the discharge.
If, after completing corrective action, there continues to be a discharge of discolored stormwater from the
construction site to waters of the State, the permittee shall notify DEC by submitting a Discharge Report within 24 hours of discovering the discharge.
5362-9020.R6
4 of 5
5362-9020.R6
3. Transferability and Addition of Co-Permittee: This authorization to discharge is not transferable to any person, nor may any person be added as a permittee, except in compliance with General Permit 3-9020 including submission of a complete Notice of Transfer or Notice of Addition of Co-Permittee.
4. Following receipt of authorization under General Permit 3-9020, additional Owner(s) and Operator(s) not identified on the Notice of Intent at the time of application shall be added as a co-permittee by filing a Notice of Addition of Co-Permittee with the Secretary. The co-permittee shall be subject to all terms and conditions of the permittee’s authorization and Construction General Permit 3-9020.
5. Right to Appeal: (A) Pursuant to 10 V.S.A. Chapter 220, any appeal of this permit, except for appeal of a renewable energy plant as described in (B), must be filed with the clerk of the Environmental Division of the Superior Court within 30 days of the date of the decision. The notice of appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Division; and must be signed by the appellant or the appellant’s attorney. In addition, the appeal must give the address or location and description of the property, project, or facility with which the appeal is concerned and the name of the applicant or any permit involved in the appeal. The appellant must also serve a copy of the notice of appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings.
(B) If this permit relates to a renewable energy plant for which a certificate of public good is required under 30 V.S.A. § 248, any appeal of this decision must be filed with the Vermont Public Utility Commission pursuant to
10 V.S.A. § 8506. This section does not apply to a facility that is subject to 10 V.S.A. § 1004 (dams before the Federal Energy Regulatory Commission), 10 V.S.A. § 1006 (certification of hydroelectric projects), or 10 V.S.A. Chapter 43 (dams). Any appeal under this section must be filed with the clerk of the Public Utility Commission
within 30 days of the date of this decision; the appellant must file with the clerk an original and six copies of its appeal. The appellant shall provide notice of the filing of an appeal in accordance with 10 V.S.A. § 8504(c)(2) and shall also serve a copy of the notice of appeal on the Vermont Public Service Department. For further information, see the Rules and General Orders of the Public Utility Commission.
Dated March 21, 2023
Julia S. Moore, Secretary Agency of Natural Resources
By:
Chris Gianfagna, Program Manager Stormwater Management Program
5362-9020.R6
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5362-9020.R6
Notice of Authorization Under Vermont Construction General Permit 3-9020 For Low Risk Construction Activity
Permittee Directions for Posting: This notice shall be placed near the construction entrance at a location visible to the public. If displaying near the main entrance is infeasible, the notice shall be posted in a local public building such as the municipal office or public library. For linear projects, the notice shall be posted at a publicly accessible location near the active part of the construction project (e.g., where a pipeline project crosses a public road) or, in the event posting in a publicly accessible location near the active part of the project is infeasible, the permittee shall post in a local public building such as the municipal office or public library.
Project Name: Berard Drive Fill Site
Permittee Name(s): K and S Properties, LLC
NOI Number: 5362-9020.R6
Date of Authorization: March 21, 2023
Date of Expiration: March 20, 2028
The project listed above has received authorization under General Permit 3-9020 to discharge stormwater from the following construction activities:
The site is to be used as an off-site soil disposal area for construction support
This authorization includes the following requirements:
Implementation and maintenance of erosion prevention and sediment control practices required by the Low Risk Site Handbook for Erosion Prevention and Sediment Control.
All areas of disturbance must have temporary or final stabilization within 14 days of the initial disturbance. After this time, disturbed areas must be temporarily or permanently stabilized in advance of any runoff producing event. A runoff producing event is an event that produces runoff from the construction site. The following exception to the above stabilization requirements apply:
o Temporary stabilization is not required if the work is occurring in a self-contained excavation (i.e. no outlet) with a depth of two feet or greater (e.g. house foundation excavation, utility trenches). Areas of a construction site that drain to sediment basins are not considered eligible for this exemption and the exemption applies only to the excavated area itself.
The total authorized disturbance is 2.00 acre(s).
No more than 2.00 acres of land may be disturbed at any one time.
No disturbance shall occur within 50 feet (horizontal) upslope of any stream, river, wetland, lake, or pond.
All stormwater discharges from the construction site to any receiving water shall first filter through a 50-ft. vegetated buffer.
Inspections shall be conducted at least once every (7) calendar days and daily during the winter construction period (October 15 through April 15), for all areas that have been disturbed and are not yet finally stabilized. In addition:
o If visibly discolored stormwater runs off the construction site or discharges to waters of the State, the permittee
shall take immediate corrective action to inspect and maintain existing best management practices (BMPs), and to install supplemental BMPs necessary to minimize and prevent the discharge.
If, after completing corrective action, there continues to be a discharge of sediment from the construction site to waters of the State,
the permittee shall notify DEC by submitting a Discharge Report within 24 hours of discovering the discharge.
The permittee shall comply with all inspection, maintenance, corrective action, record keeping, and reporting requirements, and all other terms, conditions, and eligibility provisions, including those conditions related to project changes, as set forth in General Permit 3-9020 and this authorization.
Following receipt of authorization under General Permit 3-9020, additional Owner(s) and Operator(s) not identified on the Notice of Intent at the time of application shall be added as a co-permittee by filing a Notice of Addition of Co-Permittee with the Secretary. The co-permittee shall be subject to all terms and conditions of the permittee’s authorization and General Permit 3-9020.
To request information on this authorization, or to report compliance concerns, please contact: Vermont Department of Environmental Conservation Watershed Management Division 1 National Life Drive, Davis 3 Montpelier, VT 05620
140 150 160 160 170 170 180 180 190 190 200 200 210 210 220 220 230 23059000 60000 61000 62000 63000 64000 65000 66000 67000 68000 69000 70000 71000 72000ELEVATION IN FEET (NAVD 88)STREAM DISTANCE IN FEET ABOVE CONFLUENCE WITH LAKE CHAMPLAINFEDERAL EMERGENCY MANAGEMENT AGENCYCHITTENDEN COUNTY, VT(ALL JURISDICTIONS)FLOOD PROFILESWINOOSKI RIVER57PZAAABACADAEAFAGRAILROADDAMRAILROADLIME KILN ROADLEGEND0.2% ANNUAL CHANCE FLOOD1% ANNUAL CHANCE FLOOD2% ANNUAL CHANCE FLOOD10% ANNUAL CHANCE FLOODSTREAM BEDCROSS SECTION LOCATIONSTRUCTURE IS NOT SHOWN WITHIN THE PANEL(TOP OF RAILROAD 234.6, BOTTOM 215.5)STRUCTURE IS NOT SHOWNWITHIN THE PANEL(TOP OF RAILROAD 234.6,BOTTOM 215.7)CITY OF WINOOSKITOWN OF COLCHESTERTOWN OF COLCHESTERTOWN OF ESSEXSTRUCTURE IS NOT SHOWN WITHIN THE PANEL(TOP OF ROAD 259.6, BOTTOM 234.6)
CITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
MOVEABLE PEAKS INC. & PIDGEON— BERARD DRIVE
FINAL PLAT APPLICATION #SD-04-04
FINDINGS of FACT AND DECISION
Moveable Peaks, Inc., hereafter referred to as the applicant, is requesting final plat
approval for adjustments to the boundary lines between two adjacent parcels on Berard
Drive described as Tax Parcel 0200-00014-C and 0200-00024-C. The subject properties
contain approximately 13.3 acres and are located in the Mixed Industrial and
Commercial (IC) District. Portions of the subject property fall within the Floodplain
Overlay (FO) and Airport Approach Overlay (AO) Districts. The South Burlington
Development Review Board held a public hearing on March 2, 2004. Bill Nedde
represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting final plat approval for adjustments to the boundary lines
between two adjacent parcels on Berard Drive described as Tax Parcel 0200-00014-C
and 0200-00024-C.
2. The owners of record are Movable Peaks, Inc. and Alan & Maureen Pidgeon.
3. The subject properties contain approximately 13.3 acres and are located in the Mixed
Industrial and Commercial (IC) District. Portions of the subject property fall within the
Floodplain Overlay (FO) and Airport Approach Overlay (AO) Districts.
4. The plans consist of one (1) plan entitled, "Boundary Line Adjustment for Alan and
Maureen Pidgeon -Berard Drive -South Burlington, Vermont' dated January 28, 2004,
prepared by Krebs & Lansing Consulting Engineers, Inc.
5. The South Burlington Development Review Board reviewed the sketch plan of the
proposed project on May 6, 2003.
6. Pursuant to Section 15.06(A) of the Land Development Regulations, an applicant can
bypass the preliminary approval stage of subdivision review if the final plat application is
submitted within six (6) months of the sketch plan review. Although the applicant did not
submit the final plat application within six (6) months of the sketch plan review, the
Development Review Board granted the applicant a three (3) month extension on
November 4, 2003.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
As indicated above, portions of the subject properties fall within the Airport Approach
Overlay District. However, the proposed boundary line adjustment will have no effect on the
AO District. Small portions of the subject property may occur in the FO District, however,
the proposed boundary line adjustment will not affect the FO District. As indicated in Tables
1 and 2 below, the proposal complies with the dimensional requirements of the IC District.
Table 1. Moveable Peaks, Inc. Parcel
IC Zoning District Required Existing Proposed
Min. Lot Size 40,000 ft.2 142,400 ft.2 142,400 ft.
Max. Building Coverage 40% 16.6% 16.6%
Max. Total Coverage 70% 38.5% 37.9%
Max. Total Front Yard Coverage 30% 30% 30%
Min. Front Setback 30 ft. 31 ft. 31 ft.
l Min. Side Setback 10 ft. 21 ft. 21 ft.
Min. Rear Setback 30 ft. 75 ft. 120 ft.
Table 2. Alan & Maureen Pidgeon Parcel
IC Zoning District Required Existing Proposed
J Min. Lot Size 40,000 ft. 435,600 ft.z 435,600 ft.
4 Max. Building Coverage 40% 0% 0%
4 Max. Total Coverage 70% 0% 0%
4 Max. Total Front Yard Cover -age 30% 0% 0%
4 Min. Front Setback 30 ft. n/a n/a
4 Min. Side Setback 10 ft. n/a n/a
Min. Rear Setback 30 ft. n/a n/a
The proposed boundary line adjustment will have a negligible change on both of the subject
properties. The Moveable Peaks property will replace a 0.7 acre parcel with a 0.8 acre
parcel, for an increase on 0.1 acres. The overall coverage on this property will decrease
from 38.5% to 37.9%, while the building coverage will remain at 16.6%. The Pidgeon
property will replace a 0.8 acre parcel with a 0.7 acre parcel, for a decrease of 0.1 acres.
Currently, there are no buildings or development on this property, so overall and building
coverages will remain at 0%. The lot sizes of both properties will remain well above the
minimum lot size requirements of 40,000 square feet
The applicant submitted a boundary line adjustment plan prepared by Krebs and Lansing
Consulting Engineers, Inc. dated January 28, 2004, which is in compliance with Section
15.06(B) of the Land Development Regulations.
2
DECISION
Motion by Gayle Quimby, seconded by Chuck Bolton, to approve Final Plat Application
SD-04-04 of Moveable Peaks, Inc., subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2. This project shall be completed as shown on the plans submitted by the applicant, as
amended by this decision, and on file in the South Burlington Department of Planning &
Zoning.
3. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
4. The final plat plan shall be recorded in the land records within 90 days or this approval
is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording.
Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat
in digital format. The format of the digital information shall require approval of the
Director of Planning and Zoning.
Chuck Bolton - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersmith - yea/nay/abstain/not present
Larry Kupferman - yga/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 6-0-0
Signed this -3 day of March, 2004 by
John Dinklage,Chair
3
1
Marla Keene
From:David Clifton <woodiec@comcast.net>
Sent:Monday, August 14, 2023 4:39 PM
To:Marla Keene
Subject:'EXTERNAL'24 Berard Dr inquiry
This message has originated from an External Source. Please use proper judgment and cauƟon when opening
aƩachments, clicking links, or responding to this email.
Thanks for your conversaƟon with myself and my husband, Mary and Woodie CliŌon.
We are owners at 21 Berard Dr and are requesƟng the plans and proposed permits or changes at 24 Berard Dr.
Would like the town to document the Google curb cut pic on Google dated 2019. And compare to current curb cut.
Please confirm,
Mary CliŌon
Sent from my iPad