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HomeMy WebLinkAboutMS-10-12 - Decision - 0002 Holmes RoadMS-10-12 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HOAR, DOUGLAS — 2 HOLMES ROAD MISCELLANEOUS APPLICATION #MS-10-12 FINDINGS OF FACT AND DECISION Douglas Hoar, hereafter referred to as the applicant, is seeking miscellaneous approval for after -the -fact encroachment in a class III wetland buffer, 2 Holmes Road. The Board held a meeting on this application on December 7, 2010. The applicant represented himself. Based on testimony provided at the above mentioned public hearing and the plans ands 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 after -the -fact encroachment in a class III wetland buffer, 2 Holmes Road. 2. The owner of record of the subject property is DS, LLC. 3. The subject property is located in the C2 Zoning District. 4. The plan submitted is entitled, "Goss Dodge, Holmes Trucking, and Surrounding Properties," prepared by Heath Racine, dated April 7, 1995. DIMENSIONAL REQUIREMENTS This application shall be reviewed under Section 3.12 of the Land Development Regulations. The property owner has been working towards cleaning out debris and sediment from a drainage ditch on the property. This ditch is located within the 50 foot buffer of a Class III wetland on the property and is therefore subject to review under Article 12, Surface Water Protection Standards, of the South Burlington Land Development Regulations. STANDARDSAND CONDITIONS FOR APPROVAL: The applicant has submitted a statement from a wetlands expert which has delineated the wetland and wetland buffer, and which provides an assessment of any potential impact the grading and fill work could have on the wetland buffer (see memo dated November 1, 2010, and letter dated November 5,2010 from Gilman & Briggs Environmental). The letter correctly states that the DRB may permit encroachment provided that such encroachment: 1. does not adversely affect the ability of the property to carry or store flood waters adequately 2. will not adversely affect the ability of the Stormwater treatment system to reduce sedimentation 3. minimizes impact to the specific wetland functions and values identified in the field report The applicant's wetland expert further testifies that the work in the Class III buffer meets criteria 1 & 2 #MS-10-12 above. However, his assessment of criteria 3 is simply stated that "the action can be seen as an `other mitigation measure' to address impacts." It seems logical that the work in the ditch will aid in some of the function of the wetlands, especially the transport of flood waters and other storm waters. However, the expert should testify that there is no adverse impact to the other function and values of the wetlands. That the wetland is class III and not a state jurisdictional Class II has no impact on this application as the City of South Burlington regulates both classes. DECISION F Motion by G C- t , seconded by ! L , to approve Miscellaneous a plication #M -1 12 of Douglas Hoar, subject to the followin conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect. 2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the LDRs or this approval is null and void. 3. Prior to permit issuance, the applicant shall acquire a letter from a wetland expert stating that the encroachment will achieve the standard in Section 12.02(E)(3)(C) of the LDRs. 4. The pre -construction height for future development will be the existing grade. 5. The 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. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr —nay/abstain/not present,', ---- Matthew Birmingham — yea/nay/abstai of present John Dinklage ye nay/abstain/not present Roger Farley — ea/ ay/abstain/not present Gayle Quimby — ea/ ay/abstain/not present Michael Sirotk' e ay/abstain/not present Bill Stuono — e nay/abstain/not present Motion carried by a vote of & - 0 - 0 Signed this d y ocawt�t✓ 2010, by rk B r, Chairman 2 #MS-10-12 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, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudiciga.org/GTC/environmental/def,tult.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.