HomeMy WebLinkAboutMS-99-01 - Decision - 0005 Austin Road#MS-99-01
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of John and Marlene Stephens seeking approval from Section
25.117 of the zoning regulations to place fill along the shore to construct a seawall of
approximately 80 feet in length.
On the 2" d day of November, 1999, the South Burlington Development Review Board approved
the application of John and Marlene Stephens under Section 25.117 of the South Burlington
Zoning Regulations based on the following findings:
1. This project consists of the placement of more than 20 cubic yards of fill along the lakeshore to
construct a seawall of approximately 80 feet in length. The applicant sought approval under
Section 25.117 of the zoning regulations.
2. Section 25.177 of the zoning regulations allows the Board to impose any conditions it deems
necessary, including but not limited to the following:
a. Duration of phasing of the permit for any length of time.
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.
C. Provision of a suitable bond or other security adequate to assure compliance wit
the provisions of this Section.
d. Determination of what shall constitute preconstruction grade under Section
25.1130) above.
Staff did not recommend attaching any of these conditions.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves
the application of John & Marlene Stephens seeking approval from Section 25.117(a) of the
South Burlington Zoning Regulations. The request is for permission to place fill along the lake
shore to construct a seawall of approximately 80 feet in length, as depicted on a plan entitled,
"Dr. and Mrs. John Stephens Shoreline Stabilization Topography Plan South Burlington
Vermont" prepared by Civil Engineering Associates, Inc., dated August 1998, with the following
stipulations:
1) All previous approvals and stipulations which are not superseded by this approval shall remain
in effect.
2) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of
the zoning regulations or this approval is null and void.
3) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative
Officer prior to the use of the seawall.
4) Any change to the site plan shall require approval by the South Burlington Development
Review Board.
�' Chair or Clerk
th Burlington Development Review Board
Date