HomeMy WebLinkAboutMS-14-02 - Decision - 0000 Hayes Avenue#MS-14-02
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CITY OF SOUTH BURLINGTON
HAYES AVENUE
MISCELLANEOUS APPLICATION #MS-14-02
FINDINGS OF FACT AND DECISION
Miscellaneous application #MS-14-02 of the City of South Burlington for after -the -fact approval for a project
described as the rehabilitation of existing stormwater infrastructure to conform to the State of Vermont's "best
fix" standards, Hayes Avenue.
The Board held a public hearing on this application on April 15, 2014. Tom DiPietro represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans ands supporting materials
contained in the document file for this application, the Development Review Board, finds, concludes, and
decides the following:
FINDINGS OF FACT
The City of South Burlington seeks miscellaneous after -the -fact approval for a project described as the
rehabilitation of existing stormwater infrastructure to conform to the State of Vermont's "best fix"
standards, Hayes Avenue.
2. The owners of record of the subject property are the City of South Burlington, Foxcroft Townhouse
Association, Kinsington Court Homeowners Association, and Cardinal Woods Clusters 1, 2, 3, & 4.
3. The subject property is located in the R7 Zoning District.
4. The application submitted a seven -page set of plans entitled "City of South Burlington, Hayes Avenue
Stormwater Improvements", prepared by Trudell Consulting Engineers, dated 1/30/2013.
5. This project was previously reviewed and approved in 2006, and already exists upon the ground. However, a
zoning permit was not procured within six months of that prior approval, so that prior approval expired.
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-14-02
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 set of plans illustrating the work as previously approved and as already constructed.
These plans are sufficient to satisfy this requirement.
(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 already completed.
(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 project is already completed.
(c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of
this Section.
The project is already completed.
(d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of
Structures.
The pre -construction height for future development was the existing grade.
DECISION
Motion by Bill Miller, seconded by Mark Behr, to approve miscellaneous application #MS-14-02 of the City of
South Burlington, subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect.
2. The project shall be completed as shown on the plans submitted by the applicant and 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.
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#MS-14-02
4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the
stormwater improvements.
5. Any change to the site plan shall require approval by the South Burlington Development Review Board.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Art Klugo —
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
Motion carried by a vote of 5 — 0 — 0
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Signed this I day of ArV't 201.4, by
Tim Barritt, 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://vermontoudiciary.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 802.879.5676 to speak with the regional Permit Specialist.
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