HomeMy WebLinkAboutM3-09-08 - Decision - 1398 Hinesburg Road#MS-09-08
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BRAD GARDNER - 1398 HINESBURG ROAD
MISCELLANEOUS APPLICATION #MS-09-08
FINDINGS OF FACT AND DECISION
Brad Gardner, hereafter referred to as the applicant, is seeking miscellaneous approval
to alter the existing grade by adding 300 cubic yards of fill to construct a street turn-
around for a proposed city street, 1398 Hinesburg Road.
The Development Review Board held a public hearing on November 3, 2009. Patrick
O'Brien 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 to alter the existing grade by adding
300 cubic yards of fill to construct a street turn -around for a proposed city street, 1398
Hinesburg Road.
2. The application was received on October 16, 2009.
3. The owner of record of the subject property is Brad Gardner
4. The subject property is located in the Southeast Quadrant Zoning District.
5. The plan submitted is entitled "Temporary Turnaround Plan for Summerfield Bradley
Gardner Parcel Hinesburg Road So. Burlington, Vermont", prepared by Krebs and
Lansing Consulting Engineers, Inc., dated 9/28/2009.
6. This application shall be reviewed under Section 3.12 of the Land Development
Regulations.
7. 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
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8. 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 plan submitted by the applicant shows the location and the new grade of the
additional fill.
9. 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 to construct a temporary street
turn -around for a proposed city street which begins on an adjacent property to the
south. For this reason, the Board will not impose a time limit on the placement of
the fill.
(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 temporary turnaround shall be maintained to the satisfaction of the Director
of Public Works for its duration. It shall not be removed until the permanent road
is constructed which connects the two properties.
(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 and no bonding
is required to ensure that the turnaround remains in place and maintained until
such time as the proper road connection between the two properties can be
constructed.
(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 (?��-� `'�� �� vl� seconded by b��/\ _ (.-�--G
, to
approve Miscellaneous Application #MS-09-08 of Brad Gardner subject to thi following
conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
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2. This project shall be completed as shown on the plan submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3. The temporary turnaround shall be maintained to the satisfaction of the Director of
Public Works for its duration. It shall not be removed until the permanent road is
constructed which connects the two properties.
4. 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.
5. Areas exposed during construction shall be treated in a manner consistent with the
procedures contained in "The Low Risk Site Handbook for Erosion Prevention and
Soil Sediment Control" on construction sites published by the Vermont Department of
Environmental Conservation.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Mark Behr—;,yeWnay/abstain/not present
Matthew Birmingham — yea/nay/abstain/ of present
John Dinklage — yea/nay/abstain not resent
Roger Farley*eay/abstain/not
ay/abstain/not presen
Eric Knudsenay/abstain/not present
Gayle Quimbnay/abstain/not present
Bill Stuono — present
Motion carried by a vote of C% -
Signed this Z--1 day f o Vr+M %r 2009, by
Mark Behr, Vice 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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