HomeMy WebLinkAboutSP-02-53 - Decision - 1150 1170 Hinesburg Road#SP-02-53
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, site plan application #SP-02-53 of Munson Earth Moving Corp. to
amend a previously approved site plan for a 23.07 acre quarry operation, and removal of 2.5
million cubic yards of crushed stone. The amendment consists of the construction of a
temporary road to access an adjoining property at 104 Bowdoin Street.
On the 5th of November 2002, the South Burlington Development Review Board
approved the request of Munson Earth Moving seeking site plan approval under Section
26.10 of the South Burlington Zoning Regulations, based on the following findings:
1) This project consists of amending a previously approved site plan for a 23.07 acre
quarry operation, and removal of 2.5 million cubic yards of crushed stone. The
amendment consists of the construction of a temporary road to the Meadowland
Business Park property.
2) The owner of record is Green Acres, Inc.
3) This property located at 1150 Hinesburg Road lies within the Industrial Open Space
and Conservation Open Space Districts. It is bounded on the north by I-89, on the
west by Lane Press and the Meadowland Business Park, and on the south and east
by Muddy Brook.
4) Access: The applicant is requesting approval for the creation of a temporary road to
access the Meadowland Business Park property. This access will allow for
construction to take place on the adjacent property while state permitting is
completed to cross a wetland. This access is needed until the end ofthe construction
season. Staff suggested a condition that the road cease to be used by 12/15/02 and
the topsoil be replaced and the disturbed area seeded by 6/1/03.
5) C. O. District/wetland buffer: The applicant supplied information from a wetland
expert concerning the portion of the site where the applicant proposes to put the
temporary road. The letter states that the area roughly 200 foot wide on either side
of the proposed road does not contain any wetlands or buffers that would be within
the C.O. District.
6) Road and conditions: The City Engineer requested that the temporary road be
constructed with a minimum of an 8" gravel base.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board
approves site plan application #SP-02-53 of Munson Earth Moving to amend a previously
approved site plan for a 23.07 acre quarry operation, and removal of 2.5 million cubic
yards of crushed stone. The amendment consists of construction of a temporary road to
the Meadowland Business Park property, as depicted on a plan entitled, "Green Acres
Quarry Williston Vermont" prepared by Wagner Heindel and Noyes, Inc., dated 9/6/94 with
a stamped received daze of 10/10/02, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
2. The plans shall be revised to show the changes below and shall require approval of
the Director of Planning and Zoning (hereinafter Director). Three (3) copies of the
approved revised plans shall be submitted to the Director prior to permit issuance.
a. The plans shall be revised to note that the road will cease to be used by
12/15/02 and the topsoil be replaced and the disturbed area seeded by 6/1/03.
b. The site plan shall be revised to indicate the property is in South Burlington
and not in Williston.
3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section
27.302 of the zoning regulations or this approval is null and void.
4. The temporary road shall be constructed with a minimum of an 8" gravel base.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Chair Clerk Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to
24 Y.S.A. § 4471 and V RC.P. 76, in writing within 30 days of the date this decision is issued The fee is
$150.00. 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 V. S.A. § 4472(d)
(exclusivity of remedy; finality).
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