HomeMy WebLinkAboutMS-07-07 - Decision - 1200 Dorset Street#MS-07-07
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DENNIS ROUILLE — FOULSHAM HOLLOW ROAD
MISCELLANEOUS APPLICATION #MS-07-07
FINDINGS OF FACT AND DECISION
Dennis Rouille, hereafter referred to as the applicant, is seeking miscellaneous approval
to alter the existing grade by adding 3,277 cubic yards of fill, Foulsham Hollow Road.
The Development Review Board held a public meeting on Tuesday, August 21, 2007.
Chris Galipeau 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 seeking miscellaneous approval to alter the existing grade by
adding 3,277 cubic yards of fill, Foulsham Hollow Road.
2. This is an after -the -fact application as the applicant has already placed the fill on
the property. The applicant is applying for the approval after contact by the
Administrative Officer to correct a zoning violation.
3. The owner of record of the subject property is Dennis Rouille.
4. The subject property is located in the Southeast Quadrant — Neighborhood
Residential (SEQ-NR) Zoning District.
5. The plan submitted is entitled, "Rouille/JAM Golf, LLC Properties Fill Quantities",
prepared by Civil Engineering Associates, dated 3/27/07.
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 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.
#MS-07-07
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 plan showing the placement of the fill on the subject property
and the grade elevations before and after the fill. In some areas, the added fill exceeds
six (6) feet.
(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.
It is the Board's understanding that this fill will be permanent and will likely be used in
conjunction with future development already. The Board will not be imposing a
durational limit on the fill.
(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.
The proposed location of the fill is on an area which will likely be developed. The plan
submitted does depict the wetland and related buffer on the subject lots.
(c) Provision of a suitable bond or other security adequate to assure compliance
with the provisions of this Section.
This requirement is not necessary for the subject application.
(d) Determination of what shall constitute pre -construction grade under Section
3.07, Height of Structures.
The pre -construction height for future development will be the grade before the
fill.
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#MS-07-07
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DECISION
Motion by �'�-� 62u1k1y, seconded by 06Z-4
to approve Miscellaneous Applicatio #MS-07-07 of Dennis Rouille, subject to the
following conditions:
1) All previous approvals and stipulations which are not superseded by this approval
shall remain in full effect.
2) This project shall be completed as shown on the plan submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3) The pre -construction height for future development will be the grade before the fill.
4) The applicant shall 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.
5) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer after the effective date of the zoning permit.
6) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Mark Behr — yea/nay/abstain not presen
Matthew Birmingham —nay/abstain/not present
John Dinklage -(Ye-nay/abstain/not present
Roger Farley — tenay/abstain/not present
Eric Knudsen —ay/abstain/not present
Peter Plumeau nay/abstain/not present
Gayle Quimby ay/abstain/not present
Motion carried by a vote of c� - O - D
Signed this day of 2007, by
John Dmk age, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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