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HomeMy WebLinkAboutVR-03-01 - Decision - 1015 Airport Parkway#VR-03-01 FINDINGS OF FACT D DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application #VR-03-01 of City of South Burlington seeking a variance under Section 10.04 (D) (3) of the South Burlington Land Development Regulations. Request is for permission to encroach more than 15 feet into Interstate Highway Overlay District with a leachate treatment facility, 1015 Airport Parkway. On the 29" day of July 2003, the South Burlington Development Review Board approved the request of the City of South Burlington for a variance on the above referenced project based on the following findings: 1. The owner of record of this property is the City of South Burlington. 2. Section 10.04 (D) (3) of the Land Development Regulations limits encroachments of municipal buildings to no more than 15 feet into the Interstate Highway Overlay District (IHO). Filter bed # 1 will encroach the greatest amount (approximately 145 feet) into the IHO District while only a portion of the pretreatment tank will encroach into the IHO District. This facility is being located at this particular site due to engineering considerations. 3. In order for the Board to grant the variance, it must find that all four (4) of the following criteria under Section 24 VSA 4468 are being met: a. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the Land Development Regulations in the neighborhood or district in which the property is located. b. The variance from the South Burlington Land Development Regulations is necessary because of pre-existing physical characteristics of the site. First, the pre-existing groundwater flow under the landfill is from east to west. Any extraction of the groundwater must occur along the western perimeter at the toe of the slope. Second, the pre-existing landfill dates back to the 1940's, including trash buried deep along the western perimeter. The existing trash cannot be moved. Third, the filter beds must be located over native soils, down gradient of any trash. The only area is along the western perimeter of the site. Fourth, the soil cap of the landfill along the western perimeter is thicker than other areas, and could support a small control building and aeration tank. 4. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the land development regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property. a. The leachate collection system must be located down gradient of the pre-existing landfill in order to collect the contaminated groundwater. As discussed above, the only area is along the western property line, within the setback area. b. The filter beds must located down gradient of the trash in the landfill and over native soils so that the treated water does not become recontaminated before discharge to the groundwater below the landfill. As discussed above, the only area meeting such conditions is along the western property line, within the setback area. c. The aeration tank and control building must be located in close proximity to the extraction wells and filter beds to allow for efficient pumping and treating of up to 60,000 gallons per day. The tank and building can be located over trash, as long as the soil cap is thick enough to support the weight. As discussed above, the only portion of the soil cap which is in proximity and thick enough to carry the loads is along the western perimeter of the landfill. 5. That the unnecessary hardship has not been created by the appellant; a. The landfill and the placement of trash predates the current ordinance and these variance criteria. At the time the trash was placed in the landfill, the City had no anticipation of needing to treat the groundwater, which otherwise flows to the Winooski River. The State of Vermont has ordered the treatment of the landfill leachate, leading to the current need to place the treatment facility near the western perimeter of the landfill. The hardship was not created by the City. 6. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development or adjacent property, reduce access to renewable energy resources, nor be determined to the public welfare. a. The site is located in the Municipal District, where public facilities were anticipated. The western perimeter of the site borders the interstate highway and lands of the State of Vermont. No private lands or other zoning district are affected. b. The extraction wells, filter beds, aeration tank, and control building will not be visible by motorists on Interstate 89 or on Patchen Road. The site is below the highway and there is significant wooded area, including evergreen trees, which will block any view, even from the northern end of the bridge of the Winooski River. 7. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulations and from the plan. a. The treatment system has been sized to treat 20,000 to 60,000 gallons per day of contaminated groundwater. This is estimated flow rate from under the landfill, The filter beds need to be large enough to allow an application rate of 4 gallons per day per square foot. DECISION Based on the above Findings of Fact, the South Burlington Development Review Board grants the City of South Burlington a variance to encroach more than 15 feet into the Interstate Highway Overlay District, 1015 Airport Parkway, as depicted on a three (3) page set of plans, page one (1) entitled, "South Burlington Landfill South Burlington, Vermont Overall Landfill Site Plan", prepared by Heindel and Noyes, dated 10/9/02, last revised on 5/6/03, with the following stipulations: l . All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.03 of the Land Development Regulations or this approval is null and void. 3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the leachate treatment facility. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. airman or C-iefk_ Date South Burlington Development Review Board 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 $150.00. If you fail to appeal this decision, your right to challenge this decision at some future time maybe be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).