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HomeMy WebLinkAboutMS-15-03 - Decision - 0003 Austin Road#MS-15-03 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TRINITY CONSTRUCTION, INC. --- 3 AUSTIN ROAD MISCELLANEOUS APPLICATION #MS-15-03 FINDINGS OF FACT AND DECISION Miscellaneous application #MS-15-03 of Trinity Construction, Inc. to: 1) alter existing grade by adding +/- 40 cubic yards of stone to reinforce lakeshore, and 2) reconstruct stairway, 3 Austin Road. The Development Review Board held a public hearing on May 19, 2015. Roy Rabideau represented the applicant. Based on the plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The project consists of the altering the existing grade by adding +/- 40 cubic yards of stone to reinforce lakeshore, and reconstructing stairway, 3 Austin Road. 2. The owner of record of the subject property is Wells Lakefront Properties, LLC. 3. The subject property is located in the Lakeshore Neighborhood District. 4. The application was received on April 16, 2015. 5. The plan submitted consists of a one page plan entitled, "Slope Stabilization 3 Austin Rd. South Burlington" prepared by Donald L. Hamlin Consulting Engineers, Inc. dated April 1, 2015 and last revised on April 13, 2015. 6. Dimensional and setback requirements are met. 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 #MS-15-03 the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. The applicant has submitted a site plan providing this information. 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 Board finds that this criterion is not applicable as the stone is meant to be a permanent addition to this property. (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 Board finds that the applicant shall comply with Section 16 Construction and Erosion Control Standards of the City's Land Development Regulations. 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 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. The pre -construction height for future development will be the grade existing prior to the placement of the rock on the property. The Board finds that this criterion is met. 12.01 General Stream and Surface Water Protection Standards D. Pre -Existing Structures along Lake Champlain and within Queen City Park (1)................... (2).................... (3) Erosion control measures and water -oriented development along Lake Champlain. Within the area along Lake Champlain defined in Section (D)(1)(a) above, the installation of erosion control measures and water -oriented development may be approved by the DRB as a conditional use provided the following standards are met: (a) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. 2 #MS-15-03 The applicant has proposed the use of natural stone which will match existing stone on the property and that of abutting neighbors. This criterion is met. (b) The improvement will not increase the potential for erosion. When construction is complete, the proposed boulders, rip -rap and plantings will prevent further erosion of the property. In an email to staff dated April 27, 2015 the Department of Public Works commented as follows: Justin, I reviewed the site plan prepared for the "Slope Stabilization" project located at 3 Austin Road, dated 411115, and last updated on 4110115. 1 would like to offer the following comments: 1. The applicant shall comply with Section 16 Construction and Erosion Control Standards of the City's Land Development Regulations. -Tom Thomas J. DiPietro Jr. Deputy Director Department of Public Works The Board finds the applicant shall comply with Section 16 Construction and Erosion Control Standards of the City's Land Development Regulations. (c) The improvement will not have an undue adverse impact on the aesthetic integrity of the lakeshore. The project will repair and reconstruct a stone wall to match an existing stone wall on the property itself and that of the neighbors. (d) A landscaping plan showing plans to preserve, maintain, and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake. The applicant submitted a plan showing existing plantings and the proposal to add seven (7) Japanese Spirea shrubs. The Board finds that adding four (4) more of these same plants are needed to comply with the above criterion. DECISION Motion by Bill Miller, seconded by Jennifer Smith, to approve miscellaneous application #MS-15-03 of Trinity Construction, Inc. subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 3 #MS-15-03 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 plans shall be revised to show the changes below and shall require approval of the South Burlington Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. a. The site plan shall be revised to add four (4) Japanese Spirea shrubs at the top of the bank. In the same general vicinity as the other shrubs. 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. The applicant shall comply with Section 16 Construction and Erosion Control Standards of the City's Land Development Regulations 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 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 carried by a vote of 6— 0 — 0. Signed this 2 day of 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://vermonteudiciary.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. 11.