FINDINGS OF FACT

On the 24th day of October 2012 the Colchester Development Review Board approved the Site Plan application of Rick Martelli.  The Site Plan approval is for a stone seawall encroaching in the Shoreland District setback.  The wall extends along the 100’ contour on the northern property line for approximately 65 feet from the eastern property to the western property line with maximum height of 13 feet with a maximum of nine feet above grade. The subject property is located at 586 West Lakeshore Drive, Tax Map 62, Parcel 34. The approval is based upon the following:

1.         DISCUSSION

The property is located in the R1 District and the Shoreland Overlay District.  The property is bounded on north by Lake Champlain, on the west by a single family dwelling, on the south by West Lakeshore Drive and dwellings, and on the east by a single-family dwelling.  The plans show the wall as extending onto the adjacent properties to the east and west.  Prior to the issuance of a building permit, the applicant shall get signed consent from these neighboring property owners for the construction as well as for access to the site.

As of the date of issuance of the Findings of Fact and Order no person(s) have been granted interested party status.

The following is an excerpt from the minutes of the October 24, 2012 hearing:

Mike Burke of Krebs and Lansing and Rick Martelli, property owner were present on behalf of the Site Plan application.

The presentation included, but was not limited to, the following:

• The rubble masonry rip- rap was damaged and pushed out toward the lake.
• There is strong groundwater flow on the site and that creates movement.
• Two walls were constructed within the last five years on each side of the property.
• The plan is to construct a wall with dimensional rip rap laid on the bank to expose the flat services with a 1 to 1 slope.
• Drainage stone will be placed behind the rip rap.
• There are existing stairs and docks on the site.
• There is a paved swale that will be removed from the property.
• The plan is to connect this new wall to the two existing walls on each side of the property.
• The applicant will obtain the required permission for the construction extending over the property line as well as for the access.
• The design will address the existing drainage issues.

There were no comments or questions from the public.

The Board reviewed the Site Plan application.

A motion was made by B. Campbell and seconded by A. MacDonald to close the hearing.  The motion passed with a vote of 5 - 0.

II.        FINDINGS OF FACT

The Development Review Board has found that the project will not have any adverse effects as defined by the criteria listed in the Site Plan Review Criteria of the Town of Colchester Zoning Regulations.

Section 7.03F(2) Tree Removal: No trees will need to be removed to facilitate the project.  Up to 25% of the trees one-inch caliber or greater within 100 feet of the mean water mark may be removed without Board approval. 

Section 7.03F(4)(a) Use of Natural Materials:  The  applicant  proposed utilizing natural stone for the wall with a larger dimensional stone toe to be back filled with shot-rock.  The new seawall will be tied into the bank on the eastern and western ends.

Section 7.03F(4)(b) Proof of Need:  Per Article Seven, Section 7.03F(4)(a), the applicant shall prove the required need of said seawall.  Required needs include threat to personal property, excessive erosion, or imminent threat to the water quality.  The applicant provided photographic evidence that the existing rubble wall has become undermined and unstable due to recent flooding and wave action.

Section 7.03F(4)(c) Preservation of Shoreline: The seawall or similar structure shall, to the extent structurally feasible, follow the existing contour of the shoreline and be located along the toe of the slope minimizing backfill and land disturbance.  The applicant proposed placing the seawall along the toe of the existing bank and tying it back into the bank at the western and eastern ends.

Other: There shall be no land disturbance activities allowed between the dates of October 15 and April 30^th.  A waiver of this requirement may be granted from the Public Works Director following the submittal and approval of a winter construction erosion control plan consistent with the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites.  Due to the proximity of the project to the Lake, an Erosion and Sediment Control Plan shall be submitted for review and approval by the Town Engineer prior to issuance of a building permit if work is going to occur between October 15^th and April 30^th.  The applicant submitted and received approval of the Erosion and Sediment Control Plan from the Town Engineer.  Advance warning signs “trucks entering” shall be placed on West Lakeshore Drive.  The wastewater system shall be fenced off prior to construction to prevent damage to the system. 

Dated at Colchester, County of Chittenden,

State of Vermont, this 2nd day of November 2012

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_____________________________              DEVELOPMENT REVIEW BOARD

TOWN OF COLCHESTER

COUNTY OF CHITTENDEN

STATE OF VERMONT

III.       ORDER

Based upon the aforesaid Findings of Fact, the Colchester Development Review Board hereby grants approval of the Site Plan application of Rick Martelli for the construction of a stone seawall encroaching in the Shoreland District setback.  The wall extends along the 100’ contour on the northern property line for approximately 65 feet from the eastern property to the western property line with maximum height of 13 feet with a maximum of nine feet above grade. The property is identified in Book 713, Page 647 of the Colchester Land Records.  The subject property is located at 586 West Lakeshore Drive, Tax Map 62, Parcel 34. The approval is per a three (3) page set of plans entitled “Driveway and Seawall Plan Martelli Property” prepared by Krebs & Lansing dated September 4, 2012 and stamped received by the Planning and Zoning Department on September 10, 2012 with the following conditions:

1.      All previous approvals and stipulations which are not superseded by this approval shall remain in effect.

2.      Per Section 18-23 (b) of the Colchester Code of Ordinance:  Earthwork shall be scheduled for completion and the site stabilized no later than October 15th.  By the end of the growing season, perennial cover shall be established and non-vegetated protection measures installed by October 15.  There shall be no land disturbance activities allowed between the dates of October 15th and April 30th.  A waiver of this requirement was granted by the Director of Public Works following the submittal and approval of a winter construction erosion control plan consistent with the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites.

3.      No excavation, site development, or building construction shall occur until the applicant has obtained all necessary permits from the Town of Colchester in accordance with the Building, Zoning, Health and other applicable ordinances that may be required.

4.      The septic area shall be protected with a construction barrier fence.

5.      Prior to start of construction the building inspector shall witness the staking and limits of construction and tree removal.  The applicant may remove 25% of the existing trees within 100 feet from the 95.5 foot contour.  If more than 25% of the trees need to be removed the applicant shall be required to obtain a waiver under Section 7.03F(2). 

6.      Prior to issuance of a building permit the applicant shall provide the Planning and Zoning Office with written consent from the adjoining property owners to the east and the west for construction on their property as well as access to the site. 

7.      Advanced warning signs stating “trucks entering” shall be placed on West Lakeshore Drive.

8.      No new decking, landing, stairs or lighting is approved as part of this application. 

9.      All work done below the 98 foot elevation shall be approved by the Army Corps of Engineers and for work below the 95.5’ elevation an application for a Shoreland Encroachment permit shall be submitted to Steven Hanna at the Department of Environmental Conservation.

10.    In accordance with Colchester’s Fee Ordinance Chapter 6 ½ -4 (9) the applicant is responsible for payment of all permit fees as well as for the costs of reviews conducted by third-party consultants/experts requested by the Town.  All fees shall be paid prior to or at the time of obtaining a building permit.

11.    Disposal of excavated earth material, stumps, brush, or other material removed from this site shall take place at a location properly permitted for such activity.  Placement of fill material in Colchester requires a permit to be obtained by the owner of the land to be filled.  Improper placement of material from this site shall constitute a violation of this approval.

12.    The owner, architect, general contractor and all sub-contractors are responsible to maintain compliance with all applicable codes and standards during all phases of the construction process.  It is the responsibility of all above noted parties to submit plans and product specifications to the correct Authorities Having Jurisdiction.

13.    By acceptance of these Findings of Fact and Order, the Permittees agree to allow representatives of the Town of Colchester access to the property covered by the approval for the purpose of ascertaining compliance with all local regulations and with this Order.

14.    Substantial construction must be undertaken within one (1) year of the date of Site Plan approval or said approval shall become null and void.

15.    The project shall be constructed and operated in accordance with the submitted application documents, the stamped approved plans, the Findings of Fact and Order, and the Zoning Regulations.  There shall be no change in the proposed use or approved plans without prior approval of the Town.  The Development Review Board reserves the right to review and issue supplementary Findings of Fact and Order for any substantial change in the project approved herein.  Any unauthorized change from the approved plans shall be grounds for revocation of the Order and Site Plan approval.

V.        APPEAL RIGHTS

The owner of the project property and interested persons have a right to appeal this decision, within 30 days of the date this decision is issued, to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.E.C.P. in writing to the Vermont Environmental Court, 2418 Airport Road, Barre, Vermont 05641 and a copy to Colchester Development Review Board at P.O. Box 55, Colchester, Vermont 05446.  The fee is $262.50 made payable to Vermont Environmental Court.  If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long.  You will be bound by the decision, pursuant to 24 V.S.A. § 4472 (d) (exclusivity of remedy; finality).  This also applies to any interested person(s) who may have had a right to appeal.

DATED at Colchester, County of Chittenden, State of Vermont,

this 2nd day of November 2012.

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_____________________________              DEVELOPMENT REVIEW BOARD