HomeMy WebLinkAboutMS-10-01 - Decision - 1175 Hinesburg Road#MS-10-01
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CITY OF SOUTH BURLINGTON - 1175 HINESBURG ROAD
MISCELLANEOUS APPLICATION #MS-10-01
FINDINGS OF FACT AND DECISION
The City of South Burlington, hereafter referred to as the applicant, is seeking
miscellaneous after -the -fact approval for alteration of the existing grade for the
construction of stormwater improvements, 1175 Hinesburg Road.
The Development Review Board held a public hearing on February 2, 2010. Tom
DiPietro represented the applicant.
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 after -the -fact approval for alteration of the
existing grade for the construction of stormwater improvements, 1175 Hinesburg Road.
2. The application was received on January 20, 2010.
3. The owner of record of the subject property is the City of South Burlington.
4. The subject property is located in the Southeast Quadrant's Neighborhood Residential
Zoning District.
5. The plan submitted is entitled "City of South Burlington Oak Creek Micropool South
Burlington, Vermont", dated July 2008, prepared by Stantec.
The applicant received approval for the project on August 5, 2008 but did not get a
zoning permit within the specified six months but constructed the improvements. This
project is a re -application. There have been no changes to the proposed plans.
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.
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#MS-10-01
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, containing one (1) sheet showing the removal of the fill
and subsequent re -grading on the subject property. This plan is 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.
This requirement is not applicable to the subject application as the retention pond
is proposed to be permanent.
(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 applicant is proposing to install a stormwater management pond. The South
Burlington Stormwater Superintendent is overseeing the proposal and it shall be
completed to his satisfaction.
(c) Provision of a suitable bond or other security adequate to assure compliance
with the provisions of this Section.
This requirement will not be 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� G!/� seconded by 6Gt'K � C to
approve Misce laneous Application #MS-10-01 of the City of South Burlingtqh subject to
the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
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#MS-10-01
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.
4. Final grading shall ensure that all drainage within the area disturbed by this project
will not cause additional drainage into residential lots.
5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
once the stormwater improvements have been implemented.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — re /nay/abst In/not present
Matthew Birmingham — /nay/abstain/not present
John Dinklage *eaay/abstain/not
nay/abstain/not present
Roger Farley — present
Eric Knudsen — ye nay/abstain/ of resres
Gayle Quimby — e nay/abstain notn7 present
Bill Stuono — ea ay/abstain/not present
Motion carried by a vote of 42-- U -d
Signed this P� day of 2010, by
John Dinklage, Chairman
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).
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