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HomeMy WebLinkAboutMS-08-02 - Decision - 0900 0850 0894 0896 0950 Hinesburg Road#MS-08-02 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING KEITH WRIGHT - 850 HINESBURG ROAD MISCELLANEOUS APPLICATION #MS-08-02 FINDINGS OF FACT AND DECISION Keith Wright, hereafter referred to as the applicant, is seeking miscellaneous approval to alter the existing grade by adding 872 cubic yards of fill to the property, 850-950 Hinesburg Road. The Development Review Board held a public hearing on Tuesday, July 1, 2008. The applicant was present at the hearing. 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 872 cubic yards of fill to the property, 850-950 Hinesburg Road. 2. The owner of record of the subject property is WGM Associates. 3. The subject property is located in the Industrial & Open Space Zoning District. 4. The plan submitted is entitled, "Keith Wright Hinesburg Road South Burlington, VT Grading Plan", prepared by Trudell Consulting Engineers, dated 11/7/07. 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. 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 - 1 - #MS-08-02 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 submitted by the applicant shows the location and the new grade of the additional fill. (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 level off an old barn foundation and fill in an old manure pit. For this reason, the Board will not impose a time limit on the placement of 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 centrally located on the property. The plan submitted is acceptable. (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. DECISION Motion by v C� QgIm seconded by���LG l to approve Miscellaneous Application #MS-08-02 of Keith Wright, subject to the f Ilowing 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 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. -2- #MS-08-02 4. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer after all the fill has been placed on the property. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr — ye/nay/abstain/not present Matthew Birmingham +( ep)/nay/abstain/not present John Dinklage e nababstain/not present Roger Farley -Vy /nay/abstain/not present Eric Knudsen — e /nay/abstain/not pre nt Peter Plumeau — a/nay/abstain/hot present Gayle Quimby — e&nay/abstain/not present Motion carried by a vote of �.' - d - v Signed this ) day of :yj-�L 2008, by John Dinklage, Chair 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). -3-