HomeMy WebLinkAboutMS-05-04 - Decision - 1100 Hinesburg RoadCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MALCOLM WILLARD - 1100 HINESBURG ROAD
MISCELLANEOUS APPLICATION #MS-05-04
FINDINGS OF FACT AND DECISION
Malcolm Willard, hereafter referred to as the applicant, is seeking miscellaneous
approval to stockpile up to 2000 cubic yards of fill, 1100 Hinesburg Road. The
Development Review Board held public meetings on September 20, 2005 and October
4, 2005. The applicant was present at the October 4'" meeting.
Based on testimony provided at the above mentioned public meeting 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 stockpile up to 2000 cubic yards
of fill, 1100 Hinesburg Road.
2. The subject property is locate din the Industrial & Open Space (10) Zoning District.
3. The owner of record of the subject property is Malcolm Willard.
4. The plan submitted is entitled, "Fill Plan 1100 Hinesburg Road by Malcolm Willard
Hinesburg Road South Burlington, Vermont", prepared by Krebs & Lansing Consulting
Engineers, Inc., dated 8/15/05.
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 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 plan showing the placement of the fill on the subject property.
While the plan shows the approximate location, it does not specify the height of the 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 will be used in conjunction with future development
already approved for the site. The Development Review Board should consider
imposing a limit on the length of time the fill is allowed to remain in piles on the property.
(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 on an area approved as access to the property. The
Board does not find that a plan for future seeding or planting is necessary. However, the
fill poses a potential problem with stormwater runoff. The applicant should submit a plan
to ensure proper erosion control.
(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.
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DECISION
Motion by Larry Kupferman, seconded by Gayle Quimby, to approve Miscellaneous
Application #MS-050-04 of Malcolm Willard, 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, as amended herein, and on file in the South Burlington Department of
Planning and Zoning.
3. The height of the stockpiles shall not extend above the elevation of Hinesburg
Road.
4. No fill shall be placed in the public right of way of Hinesburg Road.
5. 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.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Chuck Bolton — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Larry Kupferman — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Motion carried by a vote of 7 - 0 - 0
Signed this day of 0 r��� i`' r 2005, 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 VRCP 76 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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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 $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).
M