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Home My WebLink AboutZP-24-299 - 0500 Old Farm Road 9/19/2024ZP-24-299 09/12/2024 43.00 SD-22-10A 01/19/2023 R1 PRD site prep only for portions of phases 5, 6 & 0 and fill deposition phase 4 09/19/2024 10/05/2024 09/18/2025 (Acting) see attached 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.southburlingtonvt.gov Conditions of Approval for #ZP-24-299 500 Old Farm Road 1. This permit approves only site preparation and associated blasting for Phases 5, 6 and 9, as well as fill deposition in Phase 4. The applicant must later increase the surety value pursuant to SD- 22-10A conditions #13, #14, #16,and #18 and comply with condition #11 pertaining to legal documents before commencing additional work. 2. Blasting operations, including work in preparation for blasting which includes the use of power equipment or machinery or noise resulting from construction shall not begin before 7AM. Blasting and crushing work shall be prohibited on Federal Holidays. Otherwise standards in the City’s public nuisance ordinance pertaining to hours shall apply. 3. In addition to the specific standards listed above, all other performance standards listed in the Land Development Regulations remain in effect. 4. The City’s Noise Ordinance is also applicable. VIA ELECTRONIC MAIL September 5, 2024 South Burlington Planning and Zoning City of South Burlington 180 Market Street South Burlington, VT 05403 Re: O’Brien Eastview Planned Unit Development: Infrastructure Zoning Permit Dear Betsy: On January 20, 2023, the City of South Burlington issued Final Plat SD-22-10A (the “Permit”), permitting the Eastview Planned Unit Development, as outlined in the Project plans and documents. At this time, O’Brien Eastview, LLC, the Project owner and “Applicant,” is filing a zoning permit application which requests the ability to begin site preparations and blasting in Phase 5, Phase 6, and Phase 8 of the project, as well as the construction of a haul road in this area. The Applicant is also requesting approval to open Phase 4 of the project and to deposit fill adjacent to planned potash road, in the approved project fill phase, per approved grading plans (combined, the “Work”). The Work is detailed in two EPSC sheets attached to this letter. In further description of the work, please note that the Applicant intends to proceed with blasting in all areas as noted on EPSC 5.1 attached. We also intend to construct the haul road noted, to facilitate removing fill from the areas adjacent to occupied homes, and depositing it in the approved fill area, Phase 4. As outlined on EPSC 4, also attached, the fill area will be filled in, graded off and stabilized in 60’ increments. Please note that in all of these activities state Indirect Discharge Permit 7815-INDC.2 is in effect, limiting total disturbance across all of O’Brien Farm to 15 acres and requiring twice-monthly site inspections and reports. These reports are filed with the City and so the City will have full awareness of work being completed. As you are aware, the Permit has prescribed a few items that are needed prior to starting this next phase. Fortunately, the bulk of the items needed were completed prior to the start of Leo Lane. At this time, a limited number of additional items are required. Specifically: 1.Bonding and Letters of Credit: The Applicant has prepared a detailed budget for the cost of rehabilitating the site should the Work stop unexpectedly. This budget was provided to the Director of Public Works who concurred with the per acre budget amount. Each Phase of the Project has an estimated earth disturbance and re-stabilization budget. As you may recall, our project is tracking its bonding requirements in a spreadsheet, the format of which was reviewed and approved by the City of South Burlington, prior to the 2 start of Leo Lane. The spreadsheet lays out all of the project phases for both infrastructure and landscaping. It tracks the approved budgets and the approved releases/percentage complete of each phase. In this way, we ensure that any work being done, is appropriately bonded. The spreadsheet includes at the top the total value of the two Letters of Credit that are issued to the City from Northfield Savings Bank. Those two letters of credit, total the requirements of all phases outlined below and have excess funds that will be available for another phase if needed in the future. Our office has updated the spreadsheet to include the work completed at Eastview to date, approved by DPW since the last submission. We have also included in the spreadsheet the new amounts for the Work, as approved by the Director of Public Works. As you can see, the result is that the Infrastructure and Landscape letters of credit have capacity for the newly required bonding, and have some excess capacity that will remain for future bonding needs. 2. Roadway and Easement Dedications: The Permit allowed for a staged review of legal easements and offers of dedication. At this time we are not providing these offers as work on required infrastructure is not yet proposed, only preliminary clearing, blasting and stabilization. Furthermore, the Development Agreement that has been being reviewed by the City is not yet adopted, and we cannot be reasonably expected to provide an irrevocable offer of dedication of our land (Relocated Old Farm Road) to the City, absent the commitments contemplated in the Development agreement. Nevertheless, we must commence the Work, or we will not be able to complete necessary infrastructure improvements, in line with our permit requirements. Given this, we hope that we can all agree that the roadway dedications may be processed when work on infrastructure commences. 3. Zoning Permit Application and Fee: We have enclosed an executed zoning permit application as well as the fee of $43. I believe that these items represent the entirety of what is needed for this permit to issue. We appreciate your assistance and timely review of this permit request. Please reach out with any questions and we will respond immediately. Thank you. Sincerely, Andrew Gill, Director of Development Enclosures TR2 TP1 TR2 TP2 TR2 TP3 TR2 TP4 EASTVIEW HILLSIDE @ O'BRIEN FARM OWNER AND APPLICANT: ISSUED FOR PERMIT REVIEW NOT FOR CONSTRUCTION PROPERTY INFORMATION: EPSC-5.1 EPSC PRE-CONSTRUCTION PLAN Old Farm Road and Kennedy Drive, South Burlington, Vermont O'BRIEN BROTHERS 1855 WILLISTON ROAD SOUTH BURLINGTON, VT 05403 164 Main Street, Suite 201 P: (802) 878-0375 Colchester, Vermont 05446 email@krebsandlansing.com Stabilized construction haul road from Hillside Phase staging and storage area to Eastview Phase 3-5 construction and storage areas Existing curb cut on Old Farm Road Lot 23 0.12 ac Lot 24 1.25 ac Lot 28 0.46 ac Lot 31 2.39 ac Lot 19 Open Space 0.75 ac Lot 58 0.76 ac Lot 16 2.81 ac Stabilized construction haul road from Hillside Phase staging and storage area to Eastview Phase 3-5 construction and storage areas Lot 47 Open Space 12.64 ac Lot 39 3.54 ac Lot 32 4.80 ac PHASE 5 PHA S E 5 AREA REQUIRING BLASTING (TYPICAL) AREA REQUIRING BLASTING (TYPICAL) AREA REQUIRING BLASTING (TYPICAL) PHASE 6 PH A S E 5 PH A S E 4 PHA S E 9 PHASE 8 PHASE 2 PHASE 11 PHASE 12 APPROXIMATE LIMIT OF DISTURBANCE =5.5± ACRES PHASES 5 & 6 =2.8± ACRES PHASE 9 NOTE: AREA REQUIRING BLASTING (TYPICAL) AREA TO PROBE AND POSSIBLY TRENCH BLAST FOR STORM LINE EASTVIEW HILLSIDE @ O'BRIEN FARM OWNER AND APPLICANT: ISSUED FOR PERMIT REVIEW NOT FOR CONSTRUCTION PROPERTY INFORMATION: EPSC-4 EPSC PRE-CONSTRUCTION PLAN Old Farm Road and Kennedy Drive, South Burlington, Vermont O'BRIEN BROTHERS 1855 WILLISTON ROAD SOUTH BURLINGTON, VT 05403 164 Main Street, Suite 201 P: (802) 878-0375 Colchester, Vermont 05446 email@krebsandlansing.com Lot 47 Open Space 12.64 ac Lot 41 3.91 ac Lot 42 3.42 ac Lot 43 3.95 ac Lot 44 3.51 ac Lot 33 2.92 acLot 35 2.38 ac Lot 34 1.30 ac Lot 39 3.54 ac Lot 38 1.56 ac Lot 32 4.80 ac Lot 37 1.10 ac Lot 47 Open Space 12.64 ac Stabilized pad for crushing operations. Refer to plans Q1-Q4. Lot 40 1.90 ac Lot 50 1.15 ac Stabilized construction haul road from crusher area to residential development Stabilized construction haul road from crusher area to residential development Stabilized construction haul road to fill area SEE SHEET EPSC-6 SEE SHEET EPSC-2 SE E S H E E T E P S C - 5 APPROXIMATE LIMIT OF DISTURBANCE =1.2± ACRES NOTE: INTIAL 60' WIDE FILL AREA EAST OF POTASH ROAD. THIS AREA WILL BE VEGETATED PRIOR TO FILLING ADDITIONAL AREA TO THE EAST.