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Home My WebLink AboutMS-17-02 - Decision - 0146 Market Street#MS-17-02 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SNYDER-BRAVERMAN DEVELOPMENT CO., LLC —146 MARKET STREET MISCELLANEOUS APPLICATION #MS-17-02 FINDINGS OF FACT AND DECISION Miscellaneous application #MS-17-02 1 of Snyder -Braverman Development Co., LLC to allow encroachment into a class III wetland and wetland buffer, 146 Market Street. The Board held a public hearing on May 16, 2017. The applicant was represented by Andy Rowe. 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 & CONCLUSIONS OF LAW 1. The applicant, Snyder -Braverman Development Co., LLC, seeks miscellaneous approval to allow encroachment into a class III wetland and wetland buffer, 146 Market Street. 2. The owner of record of the subject property is South Burlington City Center, LLC. 3. The subject property is located in the City Center Form Based Code Transect 5 (T5) and Transect 4 (T4) Districts. 4. The application was received on April 14, 2017 5. The plan submitted is entitled "Lands of South Burlington City Center, LLC Market Street South Burlington, VT Subdivision Plat" prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 7/15/14 and last revised on 4-12-17. 6. The wetland and wetland buffer are small and isolated. They are class III wetlands and will be entirely filled in as part of a development project. 7. The applicant is not required to obtain from the Agency of Natural Resources (ANR) a Vermont Individual Wetland Permit, as the wetland to be encroached is a class III wetland which does not come under the jurisdiction of this state agency. 12.02 Wetland Protection Standards and Review Procedures A. Purpose. It is the purpose of this Section to provide appropriate protection of the City's wetland resources in order to protect wetland functions and values related to surface and ground water protection, wildlife habitat, and flood control. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south Burlington adopted comprehensive plan and are in accord with the policies set forth therein. - 1 — #MS-17-02 C. Wetlands Map and Applicability of Standards. (1) All wetland areas within the City of South Burlington, whether identified on the map entitled "Wetlands Map" as set forth in Section 3.02 of these regulations or as identified through field delineation, and a buffer area fifty (50) feet horizontal distance surrounding the boundary of any such wetland, shall be subject to the provisions of this section. (2) In the absence of site -specific delineations, the City's Wetlands Map shall control as to the location of wetlands and wetland buffer areas subject to the provisions of this section. D. Submittal and Review of Field Delineation and Wetlands Report (1) For all properties for which any application for development requiring DRB review is made, and on which any wetland areas are indicated on the Wetlands Map, applicants are strongly encouraged to submit site specific field delineations indicating the location, classification, functions and values of all wetland areas (Class 1, 11 and lll) and an associated fifty (SO) foot buffer area. In the absence of such site -specific delineations and information, the City's Wetlands Map shall control. (2) Applicants are encouraged to submit afield delineation and wetlands report as early in the development review process as possible. (3) The DRB shall have the authority to invoke technical review by a qualified wetlands consultant of any field delineation and wetlands report. The City's wetlands consultant shall submit an evaluation of the field delineation and wetlands report addressing the proposed development's consistency with the standards in (D) above, and outlining the following: (a) Measures that can be taken to improve the overall effect of the project on wetland resources without altering the layout of the proposed project. (b) Measures that can be taken to improve the overall effect of the project on wetland resources that involve altering the layout of the proposed project. E. Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class 11 wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class 11 wetland buffers, Class 111 wetlands and Class Ill wetland buffers, may be permitted by the DRB upon finding that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; -2— I.ini lOWKIN In a letter dated 4/14/17, the applicant stated the following: Although the wetland provides this function, it is at a low, non -significant level (see VHB report), The wetland is located in a depressed area between Market Street and the parking lot of the Marcotte Central School. Runoff from the school parking lot flows southerly into the wetland. Although some, eater does pond in the bottom of the wetland, a catchbasin located near the northerly edge of the wetland conveys runoff to the Market Street stormwater collection system.. A stormwater management system will be constructed with the proposed development. of Lot A. This stormwater management systcm,,kill provide treatment and detention of runoff in accordance with the current Land Development Regulations and the Vermont Stormwater Treatment Standards, Detention of stormwater runoff for the 1 year. 10 year, and 100 year design storms will be provided by the new stormwater management system. (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; In a letter dated 4/14/17, the applicant stated the following: A stormwater management system �,ill be constructed. with the proposed development. of Lot A. This stormwater management system will provide treatnient and detention of runoff in accordance with the current hand Development Regulations and the Vermont Stormw ater Treatment Standards. The proposed stonnwater management system includes the use of dry swales, which provide an opportunity for groundwater recharge and effectively manage sediment loading from site development runoff. (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. In a letter dated 4/14/17, the applicant stated the following: The class 3 wetland provides water storage for stomnvatcr runoff and surface/groundwater protection at low, non -significant levels. The limited functions area a result of the k etland's location in a depressed area and runotT from the adjacent parking lot. The proposed stormwater management system will mitigate the placement of fill in the class wetland. The proposed treatment and detention of runoff in accordance with the current Land Development Regulations and the Vermont Stormwater Treatment Standards will offset the loss of the minimal functions of the existing class 3 wetland. The DRB finds that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan will achieve the standards for wetland protection listed above. As indicated above, the applicant is not required to obtain a Vermont Individual Wetlands Permit from the state (formerly known as a Conditional Use Determination). The applicant submitted a memorandum from VHB dated April 7, 2017 which summarizes the results of the wetland delineations conducted by the Environmental Scientist described above. DECISION Motion by Matt Cota, seconded by Jennifer Smith, to approve miscellaneous application #MS- 17-02 of Snyder -Braverman Development Co., LLC, subject to the following conditions: -3— #MS-17-02 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 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 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 prior to use of the gas lines. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman 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 5— 0 — 0 Signed this 17 day of May 2017, by r Bill Miller, 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 ht_tp://vermontiudiciary.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 802.477.2241 to speak with the regional Permit Specialist. IZ1111111111