HomeMy WebLinkAboutMS-14-11 - Decision - 0040 IDX Drive#MS-14-11
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
G.E. HEALTHCARE — 40 IDX DRIVE
MISCELLANEOUS APPLICATION #MS-14-11
FINDINGS OF FACT AND DECISION
The applicant, G. E. Healthcare, is seeking after -the -fact Miscellaneous Approval to alter the grade by removing
approximately 240 cubic yards of sediment collected in two (2) sediment ponds, 40 IDX Drive.
The Board held a public hearing on this application on January 6, & 20, 2015 and February 3, 2015. David Main
represented the applicant.
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. G. E. Healthcare, is seeking after -the -fact Miscellaneous Approval to alter the grade by removing
approximately 240 cubic yards of sediment collected in two (2) sediment ponds, 40 IDX Drive.
2. The owner of record of the subject property is IDX Systems Corporation.
3. The subject property is located in the Commercial 2 District.
4. The plan submitted consists of two (2) pages, page one is entitled "G.E. Healthcare Stormwater Detention
Pond Pre & Post Excavation Bottom Pond Elevations," dated Nov. 2014 and prepared by Stantec.
This application shall be reviewed under Section 3.12 of the Land Development Regulations.
Section 3.12 Alteration of Existing Grade
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 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.
#MS-14-11
The applicant has submitted detailed plans. The Board finds that this criterion is met.
(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.
The work was completed in September 2014.
(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.
No plan is required as the proposed action will restore the stormwater pond to its original design
specifications. The Board finds that this criterion is met.
(c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of
this Section.
The work was done to comply with a State Stormwater Permit. The Board finds that a bond is not
necessary to assure compliance.
(d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of
Structures.
No changes to the height of the stormwater pond features are proposed.
DECISION
Motion by Bill Miller, seconded by Mark Behr, to approve miscellaneous application #MS-14-11 of GE
Healthcare
1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect.
2. 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.
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. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer upon completion of
the fill removal.
5. Any change to the site plan shall require approval by the South Burlington Development Review Board.
F)
#MS-14-11
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Brian Breslend —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
David Parsons
yea
nay
abstain
not present
Jennifer Smith —
yea
nay
abstain
not present
John Wilking-
yea
nay
abstain
not present
Motion approved by a vote of 7— 0 — 0
Signed this day of C,by-Vilr, 2015, by
Tim Barritt, Chair
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://vermontiudiciarV.org/GTC/environmental/default.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.
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