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HomeMy WebLinkAbout040-1147-80-000(2) co C)1 to X Cpl m V Fn . KE S�• CR01X U I � . LP • 2.2� • rn ��'f� % ��350 •N . O �--� p —.35' D 36 . -- m 385 -_370 _ fN$g Z::Z380 " p 05-- r� 390 N p •415_ - a.� ��, 00 426=== a10 435� 20 445� _ __ 4 0 455 '---� a o 465— 1� S� O CD o0 448 460 � I 80 Z 490 z (Q ' , cD O? m.- (� co 00 z En c�co l � .N D � I � N C I Z Mo WIC) !� r Dn �. CD) ) // 0 I/ I� Ci cam c,� \ \ \ 307 N cli Sts � , •�, _. ti 9 . ROq� \92p.• � � _ \ 000 co cA .�D� \ Mo�p r-cnmmm z� °z�z m s� cZr-t�i� �0z.0 Z mZm� �O�DZ9 r C4 M 421 : '• (1� . _ADj W Zoo w tCn i rn(n Q FA m • m min •�` fT1 D C IVm� • ��:N WFpp �. P 1 • rl ST. C R O I�`' O T Planning&Land In formatUon Resource Management Community Development Department February 7, 2014 File#LU88188 Charles and Jennie Boeder 344 N. Cove Rd. Hudson, WI 54016 Re: Reconstruction of a nonconforming principal structure in the Lower St. Croix Riverway District Parcel#13.28.20.576G, G.L. 3 Sec. 13, T28N, R20W, Town of Troy Address: 344 N. Cove Rd. Dear Mr. and Mrs. Boeder: This letter confirms zoning approval of an application and plans submitted on January 28, 2014 for the following activities that require a land use permit: To structurally alter and reconstruct an existing nonconforming principal structure in the Lower St. Croix Riverway District pursuant to Section 17.36 1.2.c and 17.36.1.2.d of the St. Croix County Zoning Ordinance. According to the plans you submitted, the proposed reconstruction will be for an area contained within an existing porch enclosure that is attached to the front or landward side of the nonconforming principal structure. The enclosed porch is approximately 12' x 18', has a concrete floor and a pergola roof that is connected to the house, and would not expand the overall footprint of the structure nor will it increase the height of the existing roofline. Staff finds that the proposed activities meet the St. Croix County Zoning Ordinance and the Lower St. Croix Riverway District based on the following findings: 1. The property located at 344 N. Cove Rd., Lot 13 of CSM Vol. 5/Pg. 1311 consisting of 5.52 acres, is zoned Ag/Residential, and is in the Rural Residential Management Zone of the Lower St. Croix Riverway District; 2. The existing principal structure is more than 200 feet from OHWM of the St. Croix River, but is less than 40 feet from the bluffline as shown on a submitted survey site plan. The house was built prior to the adoption of the Riverway ordinance, which makes it a legal nonconforming principal structure; 3. Structural alteration and/or reconstruction of nonconforming principal structures is allowed with a land use permit if the reconstruction is within the same footprint as the existing structure and, if required, a mitigation plan is submitted pursuant to Section 17.36.1.2 of the Ordinance; 4. The proposed structural alteration to the principal structure will be located over an existing foundation that is on the landward side of the house and not visible from the Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wi 54016 Fax 715.386.4686 www.sccwi.us/cdd www.facebook.com/stcroixcountywi cdd @co.soint-croix.wi.us Community Development Department Page 2 Over, is under the existing roofline, and will not enlarge the footprint or exceed the height of the existing structure in compliance with requirements in Section 17.36.1.2.d.1)a -j; 5. The Private On-site Wastewater Treatment System (POWTS) was replaced in 2008 and - is code-compliant with state regulations and county sanitary ordinance; 6. The proposed alteration to the principal_structure will not require filling and grading and - - will not add impervious coverage to the site since the proposed enclosure will be located ---------over an existing foundation; -- -- ------ 7. The Town of Troy has reviewed this proposed project and the Town Board approved a . riverway permit to allow a porch to be enclosed with the understanding that the applicant will not construct a basement under the porch are i; 8. The Wisconsin Department of Natural Resources Nas given a copy of the application for review on January 29, 2014. The DNR reviewed the Town of Troy application and have four objections to be included in the findings: 1) they believe this structure is a patio, not a porch; 2) adding a basement (as originally proposed) is an expansion; 3) an expansion would require a variance; 4)the nonconforming principal structure is >2000 sq. ft. in area, which would also need a variance. 9. Stormwater runoff from the entire roof of the house must be infiltrated in areas away from bluffline as proposed by the applicant in compliance with Section 17.36.1.5. Documentation of the areas where runoff is directed that provide adequate capacity for the first 1.5 inches of runoff(-325 cubic feet volume) must be submitted to to be implemented as part of the construction project. 10. If constructed as proposed, this project will meet the spirit and intent of the Lower St. Croix Riverway District. It will not degrade the scenic, recreational, or natural values of the St. Croix River Valley, nor will it negatively affect the public health, safety and welfare of County residents. This approval is for the alteration of a nonconforming principal structure, as indicated in the plans submitted, and as provided in the conditions below: 1. The applicants shall notify the Zoning Administrator prior to commencing construction and again when the construction has been completed. 2. Prior to commencing construction, the mitigation plan for infiltrating roof runoff must be submitted for review and approval by the Zoning Administrator. 3. The finished principal structure alteration shall not exceed the roof height of the existing structure. 4. All siding, shingles, trim, and other appurtenances of the structure, including the roof, shall be earth tone in color and of a non-reflective nature (except for windows) so as not to be visually conspicuous from the St. Croix River pursuant to Sections 17.36 G.5.c.2)a) and 17.36 H.1 of the Ordinance. 5. Within 30 days of substantially completing the proposed alterations, the applicant shall submit to the Zoning Administrator certification from the project engineer or architect that the alterations have been done in compliance with the approved plans, as well as photos of the completed construction as viewed from all angles, including from the bluffline. Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686 www.sccwi.us/cdd www.focebook.com/StcroixcountVw cdd @co.saint-croix.wi.us Community Development Department Page 3 6. All activities approved as part of this land use permit shall commence within one year from the date of approval and be substantially completed within two years, after which time the permit expires pursuant to Section 17.36 J.7 of the Ordinance. Prior to expiration, the applicant may request extensions of up to six months from the Zoning Administrator. The total time granted for extensions shall not exceed one year. 7. Failure to comply with the conditions above may result in the revocation of this permit pursuant to Section 17.36 J.8.b of the Ordinance. This approval does not allow for any additional construction, grading, filling, or clearing of vegetation beyond the limits of this request. Any remaining site work above and beyond what is identified as part of this land use permit application shall be subject to the review and approval of the Zoning Administrator. Your information will remain on file in the St. Croix County Planning and Zoning Department. It is your responsibility to ensure compliance with any other local, state, or federal rules or regulations, including but not limited to obtaining a town building permit, County sanitary permit, and any permits that may be required by the Wisconsin Department of Natural Resources. Please feel free to contact me with any questions or concerns. Si , a Quinn Zoning Specialist as Zoning Administrator cc: Town of Troy Brian Wert, Town of Troy Building Inspector Mike Wenholz, WI DNR Shoreland Zoning Enclosure— Land Use Permit card Phone 715.386.4680 Government Center,1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686 www.sccwi.us/cdd www.facebook.com/Stcroixcountvw cdd @co.saint-croix.wi.us O v o r' m � rl ' 0 c F. O • - -h z CD o —A 4 -■ -h �. .n — o CCD (D Z 00 � -+, CD - O CP O -h (D Cl. 0. 0 -h CD X CL =r � O Cl) �, 11 > '0 . 3 Ivc In u) N M Vim CD (D D . ° U) CL a� _ -v iw n CD o d ® � D V ■ O TOWN of TROY 654 Glover Road, Hudson, WI 54016 Phone: (715)425-2665 Fax: (715)425-255 October 15, 2013 orT �Q Mr. Mike Wenholz sT cRo� /1 Wisconsin DNR ' " C.o0 1300 W. Clairemont Ave. Eau Claire, WI 54702 RE: Riverway review/public hearing—Reconstruction(enclose porch) in a non- conforming area—344 North Cove Rd, Charles and Jennie Boeder The following comments and decisions were made by the Plan Commission and Town Board of Appeals at their October meetings. Please retain this document, along with previously provided materials,for your files. Public hearinz and Plan Commission Comments of October 3,2013 Rob Jones began by explaining that the applicant had a Riverway Concept Review under the Lower St. Croix Riverway Zoning Ordinance during the August 1 st, 2013 Plan Commission meeting. They have now applied for a Riverway permit for expansion of a principal structure in a nonconforming area. The DNR has provided correspondence stating that they view the project as an expansion of a nonconforming principal structure beyond what is permitted in section 171-L4 and are recommending the Plan Commission regard this as a variance request. The applicant is proposing to (1) reconstruct a porch and its foundation as part of the principal structure and (2)replace the siding on the house. The Plan Commission previously found this was reconstruction of a porch, which wouldn't require a variance. Charles and Jennie Boeder spoke to the application. They only thing they've added to the application are documentation from the county on the POWTS and that the river was drawn on the wrong side in the previous plan. They believe the DNR has measured the square footage wrong and that they are including the decks. They noted that this is more than 200' from the OHWM so they can expand to 2,000 square feet. Rob Jones discussed the DNR's objections as they requested they be read into the record. They have four objections: 1)they believe this structure is a patio, not a porch; 2) adding a basement is an expansion; 3) 171-L4 should be followed as they believe this is an expansion of a nonconforming principal structure; and 4)the nonconforming principal structure is greater than 2,000 square feet and a variance would be needed. The entire comment from the DNR is in the property file. The Boeder's will not do the basement and are withdrawing their proposal for the expansion. The public hearing for riverway review-reconstruction(enclose patio) in a nonconforming area at 344 North Cove Road for Charles and Jennie Boeder opened at 8:07 p.m.No one spoke. The public hearing closed at 8:08 p.m. The application was discussed as presented. This project would not: 1) affect the view and use of the river; 2) affect health and safety conditions; 3) cause water pollution; 4) affect floodways, flood plains, slope preservation zones, and blufflines; 5) increase erosion potential of the site; 6)have any impact on terrestrial and aquatic habitat; 7) affect existing or future roads; 8)have any effect on the POWTS; and 9)be incompatible with adjacent land uses. Paul Mahler moved that the Plan Commission recommend to the Town Board approval of a permit to allow a porch to be enclosed for Charles and Jennie Boeder at 344 North Cove Road with the understanding that the applicant will not construct a basement under the porch area and the porch has existed for quite awhile. The Town defines it as a porch because it has a foundation, a floor, a roof, and provides an existing entrance into the house and therefore coincides with the Town's definition of a porch. David Wolf seconded. Motion carried. Town Board Minutes from October 10th,2013 RIVERWAY REVIEW/PUBLIC HEARING—RECONSTRUCTION (ENCLOSE PORCH) IN A NON-CONFORMING AREA—344 NORTH COVE ROAD, CHARLES AND JENNIE BOEDER—Rob Jones began discussion by explaining that the concept application was heard during the August 1St, 2013 Plan Commission meeting and that the applicants have now applied for a riverway permit for expansion of a principal structure in a non-conforming area. The applicants wish to reconstruct/enclose a porch and it's foundation as part of the principal structure. The Plan Commission recommended that the Town Board approve the application. Applicants, Charles and Jennie Boeder approached the board and spoke to the application. Currently, a person would not know from looking at the outside that the porch is not already a part of the house. The porch area currently does not serve a purpose. If the porch area were removed,the house would lose its architectural design. D. Pearson opened the public hearing at 7:53 p.m. No one spoke. The public hearing was closed at 7:54 p.m. J. Cuccia moved that the town board approve a riverway permit to allow a porch to be enclosed for Charles and Jennie Boeder at 344 North Cove Road wit the understanding that the applicant will not construct a basement under the porch area and noting that the porch is currently existing, it has a foundation, a floor, a roof, and provides an entrance into the house and therefore meets the Town's definition of a porch and is eligible for a riverway permit. And further that the project does not effect the view and use of the river; affect health and safety conditions; cause water pollution, affect floodways, flood plains, slope preservation zones and blufflines; increase erosion potential of the sight; have a negative impact on terrestrial and aquatic habitat; affect existing or future roads; nor have any affect on POWTS and is not incompatible with adjacent land uses. Seconded by Sue Warren. Motion carried. This letter is sent to fulfill the DNR notification requirement of the Town of Troy's Chapter 171: Lower St.Croix Riverway Zoning Ordinance. Sincerely, lSL1�U'\L� CL Jennifer Clark Clerk/Treasurer Cc: Alex Blackburn Charles and Jennie Boeder FOR TOWN USE ONLY: _ Date Recd Notices Sent TOWN -f TROY 654 Glover Road,Hudson,W154016 Phone:(715)425-2665 Fax:(715)425-2551 Lice Hours: Monday-Thursday 9:00—12:30 ��----- ST. CROIX RIVERWAY APPLICATION FORM FEEc��6-0 p) THIS COMPLETED APPLICATION FORM, ALL REQUIRED PAPERWORK AND FEES MUST BE RECEIVED BY THE TOWN CLERK,TOWN ENGINEER AND TOWN ATTORNEY NO LATER THAN THE 21sT OF THE MONTH. (You will not be heard at the next Plan Commission meeting, but at the.subsequent one). NOTE: REQUESTS TO CREATE MAJOR SUBDIVISIONS OF LAND IN THE RIVERWAY DISTRICT ARE ADDITIONALLY SUBJECT TO THE FEES, FILING SCHEDULES, DOCUMENTATION AND OTHER TOWN REQUIREMENTS FOR CREATINGMAJOR SUBDIVISIONSELSEWHERE WTHE TOWN. Applicant Information Property Owner: C a v1e-s 4 -Tea i k'v- Le Y- Engineer, surveyor or contractor: Mailing Address: 3 q N. C:o ve, e(. /7 Address: GLd Sbi1 Lz s r 4" Phone#: 15-- 3 Sr' 13 fry' Phone#: E-mail: ,,, c o m E-mail: Site Information Street address C ove. e . c so►, �J,_c, $ e Legal address Section_L3 TownjX&Range w Parcel# v q0 --I/y I n l O Request For(check all applicable lines and indicate all types of permits requested) �1.Riverway building permit for only ordinary maintenance and repair: (Apply directly to the Town Building Inspector:Brian Wert Inspection Agency, 726E Highway 12,Hudson,WI 54016. Ph. 715-386-5410) _2. Construction in a conforming area. C 3.Reconstruction or expansion in a non-conforming area. 4.A conditionally approved activity. _5.Variance(s)and conditional uses. On a separate sheet,describe in detail the nature of the requests checked above. Information Required 1.Unless previously waived by the Town Plan Commission,the applicant shall submit eight copies of all the supporting documentation required under the Town's riverway and/or subdivision and road ordinances. 2.A list of all contiguous landowners or residents with unsealed,stamped envelopes addressed to these neighbors with a completed town notification form. 3. Also,provide copies of all materials,photos,plans and paperwork submitted to the Town to be mailed(at the applicant's expense)to the Town Engineer,WiDNR, St. Croix County and the Town Attorney at the following addresses: Cedar Corporation Rodli,Beskar,Boles&Krueger Michael Wenholz Pam Quinn ATTN:Russ Kiviniemi ATTN.Gwen Kuchevar WDNR St.Croix County Planning 604 Wilson Ave. 219 North Main St 1300 W Clairemont Ave and Zoning Dept Menomonie,WI 54751 P.O.Box 138 Eau Claire,WI 54702 1101 Carmichael Rd ,,,,���%%River lls,WI 54022 Hudson,W154016 Applicant's Si ture:(�►� i u p .� � Date: � fr � Proposed Reconstruction of 344 N. Cove Rd., Hudson, Wis. We wish to alter a completely enclosed and roofed area on the East side of our house so as to incorporate it into the interior of the house. The house is close to the river bluff and within the bluff line setback, as indicated on the attached survey map (attachment 1), with it's west side facing the river. The area is on the East side of the home away from the river and is not visible from either the river of the West side of the home. The current enclosed area has a pergola roof, a sliding glass door leading to the interior of the house and large concrete footings. The area forms part of the original footprint of the house, which was built in 1967. The area is also part of the original architectural design of the principle structure which will remain consistent after the proposed reconstruction. The dimensions of the area are 18 feet by 12 feet. The construction will only minimally disturb some landscape vegetation. There are only a couple of juniper bushes and some vines on the East exterior of the patio which will need to be replaced following construction. None of the bushes are visible from the river and their removal will not increase the potential for erosion. The proposed new construction will have a flat roof, as does the end of the home adjacent to it. We will handle the run off from the newly incorporated space by diverting it from the flat roof down spouts on the side of the house away from the river. The height of the roof over the new portion of the house will be no higher than the adjacent portion of the current house. In other words, we will just be extending the current flat roof over this section of the house. As part of the reconstruction we would like to replace the concrete footings with a basement underneath the area. The new basement area would be within the original footprint of the house. The basement would be on the same level as the current walk out level of the home. The home is completely finished on the lower level and we want to use the new space as the only storage space in the home. The entire foundation of the house is located more than 50 feet from the ordinary high water mark of the river. The fill which will need to be removed from the basement area will be distributed elsewhere on the property far from any setback areas. We can easily do this since we have 5 acres (see survey map, attachment 1). The material used on the exterior of the reconstructed area will be cedar siding or cedar siding and rock. The color of the siding will be an earth toned rust color. We also request the ability to re-side the rest of the house to match the newly reconstructed area. The siding on the house looks to be original from 1967 and is rotting in several places. The materials we would use would be cedar siding in a natural color. The attached materials may be helpful in an evaluation of our requests. Find attached: 1) A survey map of property 2) Architectural drawings of the proposed reconstruction 3) A rough drawing showing the proposed reconstruction in yellow 4) Photos showing the current area, both interior and exterior 5) Photos taken from the river of the area of proposed reconstruction 6) Photos taken of the river from the western most deck area of the house 7) Letter concerning septic system We thank the planning commission for their consideration and advice. Sincerely, Chuck and Jennie Boeder M iff IL 38 ° �� W((�fg � l• ¢mj a `� 91 in Fo R INI 10, zap ZFmzF3t�n m��o - .o d� J W g I N• e �1l mI ODD M " �, sn �•I to 00 0j Z 06 �- . 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CR. l�rIT Y� APPLICATION Office"S°o"'� Revised 6-2013 Property Owner: C tl a qe, +Tth n;f- 80 ae- C ontractor�•� Q I l�i N A L Mailing Address: 3 yy IC Cove- �• Mailing Address: Daytime Phone: ( 15-) �_y Daytime Phone: Cell: (G S/ ) a IV6 ' 3 `l Cell: oA� E-mail:e?Y ra hG a c-b etoL o Ca vY. E-mail: oh � °"` � "bs �� � a a �a spa re, tF`` .. . s. �� +�•YLbi�T$ ',rM+i�Si 6ncT � " - Site Address: ";y t/ Cove- 40/. A40t c o),\. Property Location t7#, 3 1/4,Sec. 3 ,T. 2� N.,R.Z� W.,Town of_7RO y' Computer#: - - _-_ Parcel#: 3 Z g -76 Zoning District(Check one): � AG. �AG.II Gd'AG.RES. RESIDENTIAL � COMI��RCIAL 0 INDUSTRIAL A- WIN Overlay District(Check all that apply): � SHORELAND � RWAY �FLOODPLAIN �ADULT ENTERTAINMENT Type of Land Use Permit Request(Check one): 13 Animal Waste Storage Facility $550 [3 Wireless Communication Tower(Co-location) $550 0 Nonmetallic Mining Operation $550 LY Lower St.Croix Riverway District $35 E3 Signage $350 13 Shoreland $350 C3 Floodplain $350 C3 Temporary Occupancy $350 El Grading&Filling, 12-24.9%Slopes $350 0 Livestock Facility $1,000 13 Other: E3 Permit processed in conjunction with a Land Division, Special Exception or Variance $50 State the nature of your request: t n e-ZZ &WS 77/1lllllll[ 7:Q' 1WH 01 Z� A Je Ai reAl cJC &Ak4 AAe -Zoning Ordinance Reference 17. 34 .r2 X fat aloe I attest that the in 'o ont ed in this ap lication is true and correct to the best of my knowledge. Property Owner Signatu : • A• 4 Date a y Contractor/Agent Signature: Date IIE 1 L'!I' . �V Complete Application Accepted: /`3 / By. Fee Received:_L1_41 eL $.A-i'5,a2 Receipt .- i 715-386-4680 ST.CROIX COUNTY GOVERNMENT CENTER 715386.4686 FAX rnn @CO SAINT-CROIX Wl US 1 10 1 CARMICHAEL ROAD,HUDSON,WI 54016 WWW.SCCWi.US/cdd APPLICATION: Applications will not be accepted until the applicant has: • Met with the Zoning Administrator to review the application; • demisted Orikkal Plus 2 copies of the entire Packet including all supporting information,maps&diagrams; Re�iw4use violations and paid any outstanding fees owed to the Community Development Department; • Signed the application form(the signatures of the property owners and agents acting on their behalf are required);and • Submitted the appropriate application fee(nonrefundable)payable to St.Croix County. REVIEW: The Zoning Administrator will review the application for completeness and assign a file number to the application.'The Zoning Administrator may require additional information and will notify the applicant of this within 10 days.Upon receiving a complete application and supporting documents,the Zoning Administrator will: • send copies of the applications to the appropriate reviewing agencies for comment.Applicants are encouraged to contact their town to discuss their application and inquire about necessary building permits and approvals at the town level; • schedule a site visit to the applicant's property,at which time the applicant shall flag all applicable property/project corners and label the flags accordingly;and • review the file and prepare findings for approval or denial of the permit within 60 days.Upon approval,the permit will be mailed to the applicant or to the applicant's agent. If approved,the land use permit will be valid for one year from the daze of the permit issuance.The applicant may also be required to apply through the Town for a local building permit.All site plans,pictures,and other materials submitted with the application become the property of the Community Development Department and will remain in the file. ❑ Completed and signed application form with fee. ❑ Original plus 2 conies needed of the entire packet including ALL supporting information,maps&diagrams. ❑ A general written statement that specifically explains the request. ❑ A statement indicating whether or not a private water or sanitary system is to be installed. ❑ Recorded Warranty Deed(may be obtained at the Register of Deed's office). ❑ A complete site plan showing: • project location in the town; • lot/parcel dimensions with total lot area,property lines,and all applicable setbacks; • location of existing access roads,right-of-way,road setbacks,and recorded easements; • location of all existing and proposed structures with their square footage and distance from setbacks; • location of existing and proposed POWTS,wells,driveways,parking areas,access,signs,and other features; • location of slopes 12%and greater(minimum contours to be determined by the Zoning Administrator); • all bluiflines and slope preservation zones(Riverway)and setbacks from blufflines; • location of the OHWM of any abutting navigable waterways and all setbacks from the OHWM; • location and landward limit of all wetlands,specifications and dimensions for areas of proposed wetland alteration; • existing and proposed topographic and drainage features and vegetative cover; • location of floodplain and floodway limits on the property;and • any other unique limiting conditions of the property or information deemed necessary by the Zoning Administrator. For projects that involve land disturbance requests,the following additional information may be required: ❑ Detailed drawings(scale should not be greater than 1 inch to 200 feet). ❑ Grading plan showing grading limits and pre and post contours. ❑ Project schedule and contractor list. ❑ Erosion control plan(Best Management Practices). ❑ Storm water management plan stamped by an engineer and including all runoff calculations. ❑ Vegetation plan including schedule,seeding rates,and species size,type and location. ❑ Other documents: NOTE: All maps, plans, and engineering data shall be no larger than 11x17. No covers, binders, or envelopes. Staple or paperclip your application in the upper left-hand corner. Page 2 of 2