HomeMy WebLinkAboutMS-08-06 - Decision - 1175 Hinesburg Road#MS-08-06
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CITY OF SOUTH BURLINGTON — 1175 HINESBURG ROAD
MISCELLANEOUS APPLICATION #MS-08-06
FINDINGS OF FACT AND DECISION
The City of South Burlington, hereinafter referred to as the applicant, is seeking
miscellaneous 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 Tuesday, August 5, 2008. 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 approval for alteration of the existing
grade for the construction of stormwater improvements, 1175 Hinesburg Road.
2. The owner of record of the subject property is the City of South Burlington.
3. The subject property is located in the Southeast Quadrant Zoning District.
4. The plan submitted is entitled, "City of South Burlington Oak Creek Micropool
South Burlington, Vermont", dated July 2008, prepared by Stantec.
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
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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 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 seconded by 1 to
approve Miscellan ous Application # S-08-06 of the City of South Burlington, ubject 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
and on file in the South Burlington Department of Planning and Zoning.
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3. The applicant shall obtain a zoning permit within six (6) months pursuant to
Section 17304 of the Land Development Regulations or this approval is null and
void.
4. Grading will 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/Compliance 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 — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Peter Plumeau — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Motion carried by a vote of 4-0-0.
Signed this day of 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).
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