HomeMy WebLinkAboutMS-14-06 - Decision - 0007 0011 Mayfair Street#MS-14-06
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CITY OF SOUTH BURLINGTON
7 & 11 MAYFAIR STREET
MISCELLANEOUS APPLICATION #MS-14-06
FINDINGS OF FACT AND DECISION
Miscellaneous application #MS-14-06 of City of South Burlington to construct stormwater
improvements consisting of installing a stormwater drainage pipe and the placement of
approximately 120 cubic yards of fill over the pipe, 7 & 11 Mayfair Street.
The Development Review Board held a public hearing on July 1, 2014. The City's Deputy Director
of Public Works Tom DiPietro, Jr. represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
associated 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 seeks miscellaneous approval to install a stormwater drainage pipe, and
place approximately 120 cubic yards of fill over the pipe, at the properties located at 7 &
11 Mayfair Street.
2. The owners of record are Myers and Brusoe & Soutiere.
3. The subject properties are located in Residential 4 (R4) Zoning District.
4. A seven -page set of plans was submitted entitled, "City of South Burlington, Vermont
Mayfair Park Stormwater Collection System Improvements", prepared by Hoyle, Tanner
& Associates, Inc., dated April 30, 2014.
This application shall be reviewed under Section 3.12 of the Land Development Regulations.
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:
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#MS-14-06
(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.
The applicant submitted a regarding detail plan.
(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 project is slated for completion by November 30, 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.
A note on sheet D-1.1 of the plan set includes a note regarding the rehabilitation of the
site. The Board finds this acceptable.
(c) Provision of a suitable bond or other security adequate to assure compliance with the
provisions of this Section.
No bond is required.
(d) Determination of what shall constitute pre -construction grade under Section 3.07,
Height of Structures.
The pre -construction height for future development is the existing grade.
DECISION
Motion by Bill Miller, seconded by Mark Behr, to approve miscellaneous application #MS-14-06
of City of South Burlington, subject to the following conditions.
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 plans submitted by the applicant, and
on file in the South Burlington Department of Planning & Zoning.
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.
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4. Any change to the plan shall require approval by the South Burlington Development
Review Board.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Art Klugo —
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
v
Signed this day of 2014, by
-rim 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://vermontoudiciarV.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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