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Home My WebLink AboutMS-03-03 - Decision - 0000 Dubois DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD MARIE DUBOIS MISCELLANEOUS APPLICATION #MS-03-03 FINDINGS OF FACT, CONCLUSIONS & DECISION Marie Dubois, hereafter referred to as the applicant, is requesting approval for removal of earth products from a 32.89-acre parcel of land at 34 Dubois Drive. The South Burlington Development Review Board (DRB) held a public hearing on May 6, 2003. The applicant was represented by Trudell Consulting Engineers. Based on testimony given at the above mentioned public hearing and on the plans and supporting materials contained in the document file for this application, the DRB finds, concludes and decides as follows. - FINDINGS OF FACT The applicant is requesting approval for removal of earth products from a 32.89- acre parcel of land at 34 Dubois Drive. 2. In addition to falling within the SEQ District, portions of the subject property fall within the Conservation and Open Space (CO) and the Hinesburg Road North Zone of the Scenic View Protection Overlay (SV) Districts. 3. The applicant submitted the application on March 24, 2003, after being notified that the topsoil removal operation was occurring in violation of city regulations without the necessary approvals and permits. 4. The proposal must comply with both the Zoning Regulations and the proposed Land Development Regulations. CONCLUSIONS ZONING REGULATIONS Pursuant to Section 25.117(b) of the Zoning Regulations, the removal of fill, gravel, sand, loam, topsoil, or other similar material from land 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 DRB. Pursuant to Section 25.117(c), an application for topsoil removal shall include the submittal of a site plan showing the area from which soils will be removed, existing grade, and proposed grade created by removal of material. 2. Wetlands adjacent to the site were delineated by William Countryman Consultants in 2002. The plans show these adjacent wetlands to the west and south of the proposed topsoil removal operation. A 50 ft. wetland buffer limit is also delineated. The plans indicate that silt fencing will be installed along these FINDINGS OF FACT, CONCLUSIONS & DECISION DUBOIS - #MS-03-03 wetland buffer limits and surrounding each phase of topsoil removal work. The plans include notes that label the wetland limit lines as "50' wetland buffer." These two notes should be clarified. 3. Because of the proximity of the proposed topsoil removal operation to adjacent wetlands, it will be imperative that the silt fencing is monitored routinely and well maintained throughout the course of the operation. Accordingly, regular weekly inspection and inspection after storm events need to be performed on all silt fencing. Any fence damage or failures discovered must be corrected immediately in order for removal operations to continue. Pursuant to Section 25.117(d), the DRB 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. 4. The plans indicate that the project include twelve phases with each phase taking 2 weeks to one month to complete. Operations will only occur during dry weather between May 1 and October 15. The DRB concludes that this is an acceptable schedule. (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. 5. The bottom 3 to 4 inches of topsoil will be retained and seeded and mulched after removal is complete for each phase. Silt fencing will be installed around all topsoil stockpiles that are not immediately removed. Any stockpile that will remain undisturbed for more than 2 weeks will be seeded with annual rye. The plans indicate a medium to low erosion potential, but both nonstructural and structural erosion control measures will be employed. The DRB concludes that the plan includes appropriate site protection and restoration measures. (iii) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. 6. The applicant should provide a bond or other form of surety to ensure the restoration of the site once removal operations are complete. Accordingly, prior to the issuance of a zoning permit, the applicant must submit a cost estimate for site restoration prepared by the applicant's engineer. (iv) Determination of what shall constitute preconstruction grade. 7. Preconstruction grade is shown on the plans as between 350 ft. above mean sea level northerly to 330 ft. southerly on the property. PROPOSED LAND DEVELOPMENT OPMENT REGULATIONS 8. 13.16(A) of the proposed Land Development Regulations stipulates that the "conduct of a resource extraction operation that involves the removal of loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or \drb\m isc\dubois\MS-03-03.fcd.doc 2 FINDINGS OF FACT, CONCLUSIONS & DECISION DUBOIS - #MS-03-03 in connection with the construction of a building on the same lot, shall be permitted in any district, except as limited by the Surface Water Protection Standards and Interstate Highway Overlay District, subject to site plan approval by the Development Review Board after public notice." Pursuant to Section 13.16(B), applications for topsoil removal shall include specific information pertaining to the following factors and such other information as the DRB may require: (1) Depth of excavation, in proximity to roads or adjacent properties. 9. The plans indicate that soils are 10 to 12 inches deep, and that 3 to 4 inches will not be removed. The DRB concludes that this offers appropriate soil retention. Removal activities will begin about 360 ft. easterly from the end of Dubois Drive. (2) Existing grade and proposed grade created by removal of material. 10. As indicated above, preconstruction grade is shown on the plans as between 350 ft. above mean sea level northerly to 330 ft. southerly on the property. Excavation depth will be 6 to 8 inches. (3) Effect upon public health and safety. 11. The plans indicate that the operation will generate 24 trucks trip per day, resulting in a temporary 4.4% increase in traffic in the vicinity of the adjacent residential subdivision. Adequate site distance is provided at the Dubois Drive intersection with Hinesburg Road. The DRB concludes that this will not result in unhealthy or unsafe conditions. (4) Creation of a nuisance. 12. The plans indicate that an average of 12 truckloads of soil will be removed each working day. Hours of operation will be 7*30 to 4,30 Monday through Friday, and 9:00 to 12:00 on Saturday. This results in a rate of 0.75 truck loads per hour on the weekdays. The DRB concludes that this is a reasonable plan, provided there is no increase in the rate of operations on Saturdays due to the shorter work day. (5) Effect upon the use of adjacent properties by reason of noise, dust or vibration. 13. Based on the plans submitted, the DRB concludes that the intensity of the removal operation is moderate and will not have significant noise and vibration effects on adjacent residential neighborhood. However, the plans do not include dust control measures. In addition, the applicant should be responsible for cleanup of dust, dirt, and mud on public streets in the vicinity resulting from the soil removal operation. (6) Effect upon traffic hazards in residential areas or excessive congestion or physical damage on public ways. 14. As indicated already, traffic generation from the proposed operation will be \drb\m isc\dubois\MS-03-03.fcd.doc 3 FINDINGS OF FACT, CONCLUSIONS & DECISION DUBOIS - #MS-03-03 moderate. The proposal will not cause congestion on public roads in the vicinity. Provided drivers abide by speed limits and load limits, the proposed operation will not cause damage to public roads in the vicinity. (7) Erosion potential due to removal of vegetative cover. 15. As noted already, appropriate erosion control measures are indicated in the plans. 16. Section 13.16(C) of the proposed Land Development Regulations gives the DRB authority to impose conditions on: (i) the duration of the permit; (ii) site rehabilitation; (iii) hours of operation, routes of transportation, and amount of material to be removed; and (iv) provision of a suitable bond or other security adequate to assure compliance with the provisions of this section. As indicated already, there is an adequate restoration plan, hours of operation and transportation routes are appropriate; amount of material to be removed is acceptable; and the applicant should post a bond or other form of surety to guarantee restoration work. In addition, the DRB concludes that expiration of approval should occur after two years of operation. DECISION MOTION by Larry Kupferman, seconded by Gayle Quimby, to approve miscellaneous application #MS-03-03, subject to the following conditions: This project shall be completed as shown on the plans submitted to the DRB by the applicants, as amended by this decision, and on file in the Department of Planning and Zoning. 2. This approval for topsoil removal shall expire after two seasons of operations at the site. 3. This approval shall allow a maximum of 18 trucks per day weekdays, and 9 trucks on Saturdays during operations. 4. The applicant shall be responsible for timely cleanup of dust, dirt, and mud on public streets in the vicinity resulting from the soil removal operation. 5. Pursuant to Section 27.302 of the Zoning Regulations, the applicants must obtain a zoning permit from the Administrative Officer within six (6) months of the date of this decision. 6. Prior to the issuance of a zoning permit, the applicant must submit a cost estimate for site restoration prepared by the applicant's engineer and a corresponding bond or other form of surety to ensure the completion of restoration work. 7. Prior to the issuance of a zoning permit the following must be accomplished: a. The plans need to be revised to clearly identify the wetland delineation \drb\m isc\d ubois\MS-03-03.fcd.doc 4 FINDINGS OF FACT, CONCLUSIONS & DECISION DUBOIS - #MS-03-03 boundaries and the 50 ft. wetland buffer boundaries. b. The plans need to be revised to include dust control measures that will be used during removal operations. C. The applicant must submit 3 sets of full sized plans and 1 reduced set (11" x17") to the Department of Planning and Zoning. 8. Regular weekly inspection, and inspection after storm events, of all silt fencing shall be performed after the start of operations. Any fence damage or failures discovered must be corrected immediately in order for removal operations to continue. Chuck Bolton —yea/nay/abstain Mark Boucher—yealnaylabstain John Dinklage —,Yea/nay/abstain Roger Farley — rLea/nay/abstain Michele Kupersmith —not present Larry Kupferman — rhea/nay/abstain Gayle Quimby — rLea/nay/abstain MOTION CARRIED by a vote of 5-0-1. Signed this day of /�� _ 2003, by John Dinklage, Chair � \drb\m isc\d ubois\MS-03-03.fcd.doc 5