HomeMy WebLinkAboutSP-15-30 - Decision - 1804 South Brownell Road#SP-15-30
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
S. D. IRELAND —1804 SOUTH BROWNELL ROAD
SITE PLAN APPLICATION #SP-15-30
FINDINGS OF FACT AND DECISION
The applicant, S.D. Ireland, seeks site plan approval to amend a previously approved quarry. The
amendment consists of expanding the quarry dimensions but not increasing the amount of material to
be removed, 1804 South Brownell Road, Williston.
The Development Review Board held a public hearing on June 16, 2015. Paul O'Leary represented the
applicant.
Based on the plans and materials contained in the document file for this application, the Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The applicant, S.D. Ireland, seeks site plan approval to amend a previously approved quarry. The
amendment consists of expanding the quarry dimensions but not increasing the amount of material
to be removed, 1804 South Brownell Road, Williston.
2. The owner of record of the subject property is Green Acres Quarry.
3. The subject property is located in the Industrial & Open Space Zoning District.
4. The application was received on May 7, 2015.
5. The plans submitted consists of three (3) pages, page one entitled "Green Acres Quarry 1804 South
Brownell Road Williston, VT Overall Plan" prepared by O'Leary -Burke Civil Associates, PLC dated
04/02/15.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Industrial — Open Space Zoning
District
Required/Max
Existing
Proposed
Min. Lot Size
3 acres
122.7 acres
No change
Max. Building Coverage
30%
< 1 % *
No change
Max. Overall Coverage
50%
19.1 %
22.7
Front Setback Yard Coverage
30%
0 %
No change
Front Setback
50 ft.
> 50 ft.
No change
Side Setback
35 ft.
> 35 ft.
No change
Rear Setback
50 ft.
> 50 ft.
No change
Max. Building Height
(flat/pitched)
35 ft. / 40 ft.
*
No change
* Note: There is a small mobile office trailer on site.
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The Board finds that Zoning District and Dimensional Requirements continue to be met.
13.16 Earth Products
The applicant provided the following comments with regards to the project's compliance with Section 13.16
Earth Products, B. Site Plan Requirements. These comments were in response to staffs request to address
the criteria in this section of the LDRs.
Hi Ray — Please find the following responses in blue [bold] and attached sketch of the elevation
information and blasting plan from Maine Drilling & Blasting. if you have any questions, email or call.
Karl Marchessault, P.E.
Project Engineer
Karl,
I have reviewed the application you submitted earlier today. The following information is required to be
submitted as part of the application. 1 cannot find the required information which 1 have highlighted
below:
At minimum, the following information shall be required:
(1) Depth of excavation, in proximity to roads or adjacent properties.
The current depth of the excavation is approximately elevation 280 and the following
elevation data compares to an approximate final grade of 230 as follows:
Location Elevation Depth from locations noted
1-89 to the North 360' 130'
South Brownell to the East 330' 100,
Bowdoin Street to the West 345' 115,
Southerly reference 330' 100,
See attached sketch (300 scale 11 x 17 pdf)
(2) Existing grade and proposed grade created by removal of material.
Currently the work area (quarry floor) depth averages approximately 280' in elevation.
The expected final depth will be approximately elevation 230. a grade change of 50'.
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The highest extent of proposed excavation from an existing grade of approximately
elevation 350 to the expected final lowest elevation of 230 results in a grade change of
120' (see plan).
(3) Effect upon public health and safety.
This quarry has been operating for an extended period of time and will continue to
operate with the same level of diligence to protect the health and safety of the public.
The quarry is regularly inspected by personnel from OSHA or MSHA to ensure safety of
the personnel and the few visitors to the operation. Currently, the quarry has perimeter
signage that directs visitors to report to the office which is located at the entrance to the
quarrying operation. Large boulders delineate the work zone to prevent unwanted
trespass into the quarry area.
(4) Creation of a nuisance.
Maine Drilling and Blasting has been the contractor performing the drilling and blasting
operations as long as Ireland has been operating the quarry. The reporting requirements
dictated by the project's Land Use Permit show that noise, dust and seismic activity
associated with the operation has been and will continue to be within the specified
parameters. A copy of their blasting plan is attached.
(S) Effect upon the use of adjacent properties by reason of noise, dust or vibration.
Per the attached Maine Drilling and Blasting plan, there are signaling protocols for
blasting. In addition to the protocols for blasting, calls are made to the direct abutters to
the west to let those businesses know the schedule for blasting. Maine Drilling and
Blasting utilizes 3 seismographs to monitor the intensity of each blast to ensure
parameters are within acceptable range. For the past 6 years, Maine Drilling and
Blasting has been working with S.D. Ireland on this site and all seismic activity has been
below the specified limits. All information is formally recorded and these records are
available if needed.
(6) Effect upon traffic hazards in residential areas or excessive congestion or physical
damage on public ways.
This location has not been a concern for traffic as it is not near residential uses. S.D.
Ireland recently renewed their road agreement with the Town of Williston to continue
operate their trucks until year 2034.
(7) Erosion potential due to removal of vegetative cover.
The quarrying process is a staged and phased process. Prior to drilling and blasting a cell,
the area is stripped of all of its overburden (dirt). That overburden will be placed in the
overburden area and immediately covered with topsoil, grass seed and mulch. Once the
overburden is removed, the area is drilled and shot and the vertical face is created which
removes any potential erosion from that area.
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Once this information is received, your application will be deemed complete.
Staff had no specific concerns regarding these criteria. At the hearing, the applicant indicated that the
proposed berm included in the initial plan would be removed from the plan.
The Board finds that the standards of Section 13.16 Earth Products are met.
Site Plan Review Standards
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan.
Due attention by the applicant should be given to the goals and objectives and the stated land use
policies for the City of South Burlington as set forth in the Comprehensive Plan.
The Board finds the project to be consistent with the Comprehensive Plan.
B. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and
adequate parking areas.
No changes to existing parking are proposed. See below for discussion of the berm related to
planting.
2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a public street and one
or more buildings if the Board finds that one or more of the following criteria are met. The
Board shall approve only the minimum necessary to overcome the conditions below.
(c)-(d)
Not applicable
(3) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or anticipated adjoining
buildings.
No changes to the buildings are proposed. The Board finds this criterion to be met.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
No changes to utilities are proposed. The Board finds this criterion to be met.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
No changes to the structures are proposed.
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(2) Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
No changes to the structures are proposed. The Board finds this criterion to be met.
14.07 Specific Review Standards
A. Access to Abutting Properties. The reservation of land may be required on any lot for provision
of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto
an arterial or collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
No reservation of land is required.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
No changes to utility services are proposed. The Board finds this criterion to be met.
C Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling or other requirements, shall be accessible, secure and properly screened
with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles
intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required
to be fenced or screened.
Not applicable
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
The quarry's northern boundary abuts Interstate 89. The eastern boundary of the parcel abuts the
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Town of Williston. The southern boundary of the quarry abuts a large wooded area of the subect
Parcel itself. The western boundary of the parcel abuts properties accessed off Bowdoin Stree
Meadowland Drive. t and
Section 13.06 C. Screening or buffering reads as follows:
The Development Review Board will require landscaping,
ing
along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dnss milar
and should be screened or buffered from each other, or b) a property's appearance should be
improved, which property is covered excessively with pavement or structures or is otherwise
insufficiently landscaped, or c) a commercial, industrial, and multi family use abuts a residential
district or institutional use.
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A Findings of Fact & Decision issued on June 8, 1993 by the South Burlington Planning Commission
stated with regards to landscaping as follows: "There is no minimum landscaping requirement for
this project and no landscaping is being proposed. The reclamation plan calls for seeding the fringe
of the quarry area but no new plantings are proposed. The quarry area will be screened from the
south and southeast by existing trees."
The Board finds that the view of the quarry from the Bowdoin Street properties to the west is
screened by trees on the applicant's property while the view from the Burlington Properties, LTD
property is screened by some areas of 380 ft. and 370 ft. located on the applicant's property
immediately to the west of the quarry.
The applicant has proposed to expand the quarry area to the north to within a few feet of the
on
Interstate Highway Overlay District. The applicant had proposed construct
northern edge of the property within the Interstate Overlay District in antiiberm along the
cipatiof a beof such a
requirement potentially being imposed by the State Act 250 office, but don
ecided the hearing to
withdraw the request for the berm.
The Specific standards of the IHO District are as follows:
10.04 Interstate Highway Overlay District (IHO)
A. Purpose. It is the purpose of the interstate Highway Overlay District to provide for a safe and
aesthetically attractive buffer between the right-of-way of the Interstate Highway and developed land
uses within South Burlington.
B. Boundaries of the Interstate Highway Overlay District. The Interstate Highway Overlay District
shall include all lend within one hundredfifty y (ISO) feet horizontal distance of the Interstate 89 and
Interstate 189 rights -of --way, and withinfifty
f �
rights -of -way, both existing and Planned, J s depicted in Figure 10-1 (50) feet horizontal distance of the interstate ramps
C Standards.
(1) No building of any kind, including any structure of construction such as parking facilities
lots, or tennis courts shall be permitted within the district ept as specifically provided in this or
, exc section. Any use or structure granted approval within the Interstate Highway Overlay District shall
be subject to the specific provisions of this section.
(2) The following structures and infrastructure shall be allowed in the IHO district, subject to
conditional use approval by the Development Review Board.
(a) Public recreation paths
(b) Roadways or access drives for purposes of accessing p ed
Preexisting or approv
structure within the lHO district and no other reasonable provisions for access can made.
(c) Utility lines, including power, telephone, cable, sewer and water.
(d) Stormwater treatment facilities and maintenance thereof, including necessary
removal of vegetation and dredging.
(e) Research and educational activities provided any building or structure, including
parking lots or facilities, is located outside the IHO district.
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(f) Hydro -electric power generation
(9) Municipal buildings, subject to the provisions of Section 10.03(D) below.
(3) Use of nonconforming structures. Nonconforming structures within the lHO district may
used for any land use al/owed within the underlying zoning district, in accordance with Table C 1,
Table of Uses.
(4) Encroachment of other uses into the lHO district. The encroachment of land uses allowed
in the underlying zoning district into the lHO district maybe allowed by the Development Review
Board as a conditional use under certain circumstances as provided below, and provided the area
of encroachment is screened from view by existing or proposed landscaping and/or topography:
(a) The encroachment is necessary to rectify a natural catastrophe or for the pratectiony o
the public health, safety or welfare; OR f
(b) The encroachment is necessary for the purposes of providing for or improving public
facilities; OR
(c) The encroachment is necessary been approved by the DRB in cases to provide safe access to a parcel on which a use has
where there is no feasible alternative to the encroachment.
At the hearing, during discussion with the Board the applicant indicated that the proposed berm
included in the initial plan would be removed from the plan.
The Board finds the project to be consistent with Site Plan standards and directs the applicant to submit
revised plans that omit the berm. t
Fire Department Comments
The Fire Chief provided the following comments to staff via email on June 9, 2015.
Dear Ray:
Road. We have reviewed the plans for the proposed expansion of the quarry at 1804 South Brownell
We have no recommendations for this project.
As this project moves forward any items that surface can be dealt with as needed with the
assistance of the developer and the South Burlington Fire Marshal.
Should you need any further assistance on this project please feel free to contact me.
Sincerely,
Douglas S. Brent
Douglas S. Brent
Fire Chief
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DECK
Motion by Bill Miller, seconded by John Wilking, to approve site plan application #SP-15-30 of S.D.
Ireland, subject to the following stipulations:
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 plan and shall be on file in the South Burlin ton
Department of Planning and Zoning. g
3. The maximum amount of material to be removed from the quarry shall remain the 2.5 million cubi
yards limitation contained in the 9/14/93 Planning Commission decision. c
4. The plan shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the
Administrative Officer prior to permit issuance:
a. The plan shall be revised to remove the berm.
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. The applicant shall obtain a Certificate of Occupancy from the Board prior to expansion of the
quarry.
7. Any change to the site plan shall require approval by the South Burlington Development Review
Board or the Board.
Tim Barritt
Mark Behr
Yea
Yea
Nay
Abstain
Not Present
Brian Breslend
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
John Wilking
Yea
Nay
Abstain
Not Present
Nay
Abstain
Not Present
Motion carried by a vote of 6— 0 — 0.
2 l
Signed this day f �.J +� i�
2015, 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, Environment
Division. See V.R.E.C.P. 5(b). A copy of the notice of a al
Burlington Planning and Zoning Department at 575 Dorset Street, Slouth Burlington, VT 05403 See Southso be mailed to the City of
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V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or
htt vermontiudiciar 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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