HomeMy WebLinkAboutMS-08-11 - Decision - 0011 Gregory Drive#MS-08-11
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
VERMONT BOILER SPECIALISTS - 11 GREGORY DRIVE
MISCELLANEOUS APPLICATION #MS-08-11
FINDINGS OF FACT AND DECISION
VT Spoiler Specialists, hereafter referred to as the applicant, is seeking miscellaneous
approval to alter the existing grade by removing more than 20 cubic yards of fill to
improve the stormwater treatment system, 11 Gregory Drive.
The Development Review Board held a public hearing on Tuesday, November 18, 2008,
William Park 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
removing more than 20 cubic yards of fill to improve the stormwater treatment
system, 11 Gregory Drive.
2. The owner of record of the subject property is M&P Realty, LLC.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. The application for this project was received on October 20, 2008.
5. The plan submitted is entitled, "Vermont Custom Boilers Lot 10 Green Tree Park
Gregory Drive So. Burlington, VT", prepared by Trudell Consulting Engineers,
dated 2/24/08.
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.
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#MS-08-11
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 plan which has been submitted is acceptable. The proposed change in grade is
clearly delineated on the plan.
(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 applicant has noted that this fill is used to improve the existing stormwater treatment
areas. This is a permanent change and a time limit on the removal of the fill is
necessary.
(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 will result in improved stormwater treatment. No further
action with regards to this criterion is needed.
(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 existing grade. The Board
does not anticipate any development occurring over the stormwater treatment areas.
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#MS-08-11
DECISION
Motion by WoCq ��4t r / seconded by F��� � 1,7 SIN , to
approve Miscellaneous Application #MS-08-11 of Vermont Boiler Specialists, subject to
the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. This project shall be completed as shown on the plans submitted by the applicant nad
on file in the South Burlington Department of Planning and Zoning.
3. 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.
4. The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to using the new stormwater treatment system.
5. Any change to the site plan shall require approval by the Development Review Board
or the Administrative Officer.
Mark Behr yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain not present
John Dinklage — ea/nay/abstain not present
Roger Farley ye ay/abstain/not presen
Eric Knudsen ye nay/abstain/not present
Peter Plumeau — e nay/abstain/not present
Gayle Quimby — yea/nay/abstain not present
Motion carried by a vote of 4- D - D
Signed this day of �'v�n'1�t't-� 2008, by
�o
Mark Behr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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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