HomeMy WebLinkAboutMS-17-03 - Decision - 0000 Songbird Road#MS-17-03
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
HEATHERFIELD OWNERS ASSOCIATION
SONGBIRD ROAD
MISCELLANEOUS APPLICATION #MS-17-03
FINDINGS OF FACT AND DECISION
Miscellaneous application #MS-17-03 of Heatherfield Owners Association to alter the existing
grade by adding up to 25 cubic yards of fill material to improve the stormwater treatment
system, Songbird Road.
The Development Review Board held a public hearing on June 6, 2017. Dean Lawes represented
the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
associated materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. Miscellaneous application #MS-17-03 of Heatherfield Owners Association to alter the
existing grade by adding up to 25 cubic yards of fill material to improve the stormwater
treatment system, Songbird Road.
2. The owner of record is the Heatherfield Owners Association.
3. The application was received on May 1, 2017.
4. The subject property is located in the Residential 2 Zoning District.
S. A four (4) page set of plans was submitted with page one (1) entitled, "Heatherfield
Overall Site Plan", prepared by Krebs and Lansing Consulting Engineers and dated May
14, 2003. Additionally, a six (6) page set of hand -drawn plans was submitted with page
one (1) entitled "Dorset St. (Outlet)," prepared by the applicant and dated September
19, 2016.
This application shall be reviewed under Section 3.12 of the Land Development Regulations.
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 some 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.
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#MS-17-03
Standards and Conditions for Approval:
(1) The Development Review Board shall review a request under this Section for compliance
with the standards contained in this sub -Section 3.12(B). An application under Section 3.12(A)
above 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.
The applicant submitted a detail plan. The Board finds that this criterion is being met.
(2) The Development Review Board, in granting approval may impose any conditions it deems
necessary, including, but not limited to, the following:
(a) Duration or phasing of the permit for any length of time.
The project is slated for completion in summer 2017.
(b) 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.
Disturbed areas will either by covered by stone (as indicated in plans) or mulched and
seeded. The Board finds this acceptable.
(c) Provision of a suitable bond or other security adequate to assure compliance with the
provisions of this Section.
No bond is required.
(d) Determination of what shall constitute pre -construction grade under Section 3.07,
Height of Structures.
The pre -construction height for future development is the existing grade.
STORMWATER
The stormwater division, in an email dated 5/23/17, made the following comments:
The City wormed with the Heatherfield Homeowners Association to inspect its existing
stormwater infrastructure and identify any maintenance needs prior to providing
stormwater permit coverage to the Association under the City's MS4 permit. We
support the maintenance work identified in this application and have no additional
comments on the plans. ,
Regards,
Dave Wheeler
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DECISION
Motion by Matt Cota, seconded by Jennifer Smith, to approve miscellaneous application #MS-
17-03 of Heatherfield Owners Association, subject to the following conditions:
1. All previous approvals and stipulations which are not changed by this decision, will
remain in full effect.
2. This project must be completed as shown on the plans submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3. Any change to the plan will require approval by the South Burlington Development
Review Board or Administrative Officer.
4. The applicant must obtain a zoning permit within six (6) months pursuant to Section
17.04 of the Land Development Regulations or this approval is null and void.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nay
Abstain
Not present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 7-0- 0.
Signed this 7th day of June 2017, by
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Bill Miller, Chair
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed
to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South
Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at
802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more
information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant
state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.
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