The South Burlington Development Review Board on Sept. 3 heard a site-plan amendment to move a section of the shared-use recreation path at Nolan Farm Park to avoid an updated wetland delineation.

The amendment, for site plan application SP-2532, would shift several hundred feet of the paved path westward from the central seating area and then reconnect with the previously approved route to avoid a finger of Class II wetland that has migrated west in recent years, board Chair Dawn Filibert said at the meeting.

The change was presented by Abby Derry, an engineer with Bowman Engineering, who spoke for the City of South Burlington as the applicant. "We do have to alert the Army Corps that of the class 3 wetlands we're impacting because they do have jurisdiction over them," Derry said, adding that the project does not exceed the square footage that would require an individual Corps permit and instead falls into a self-reporting threshold. "We're not over a square footage that requires a, an individual permit, and I think we're just in the self reporting section," she said.

Marla Keene, staff to the Development Review Board, told the board that wetland delineations are valid for five years after confirmation by the Agency of Natural Resources; the project’s delineation was re-delineated in 2025. Keene also explained the board aims to issue its written decision within 45 days under state law, and that there is a 30-day appeal period after issuance. Construction timing, Derry said, is targeted for fall 2025 or spring 2026, depending on contracting and seasonal factors.

Residents who live near the park raised concerns about the alignment where the path approaches homes on Upswept Lane. Jeff Hawkins, president of the Southpointe Homeowners Association, said the earlier layout kept the path on the east side to preserve a city-required privacy hedge and six large rocks installed when the adjacent homes were built. Hawkins asked that the mown-path section not be routed across parcels in a way that would remove the hedge or the rocks.

Derry told the board the applicant did not intend to remove the hedge and said the drawing that extended the mown path onto private property was an error. "We intend to keep what we can of that hedge and not encroach any closer to the homes than in the previous application," she said, and indicated she would accept a condition eliminating that portion of the mown path from the plans.

Another resident, Ashley Rooks, asked that any plan changes be shown on updated drawings before work begins. Keene confirmed that if the board requires changes, the final plans must be updated to reflect required conditions prior to construction.

Board members also discussed exterior lighting and parking. Derry said there is no change proposed to the lighting from the previously approved plan and that the project will use the City of South Burlington Public Works standard light fixture. "That is the city of South Burlington public works standard light fixture that we're using," she said. Keene noted the standard condition that exterior lights be timed to operate no more than one hour before sunrise and no more than one hour after sunset.

Board discussion touched on parking size; a board member said the current design shows 18 parking spaces but that actual daytime usage has been much lower. No final site-plan decision was recorded at the meeting; the public hearing was closed and the board moved on to minutes and other business. The board did vote to close the public hearing and later voted to approve minutes from its Aug. 5 meeting.

Next steps: the board staff will prepare a written decision for issuance within the statutory timeframe; if the board’s decision is issued it will be subject to a 30-day appeal period. If the board adopts the applicant’s proposed condition, final plans submitted for construction must show the eliminated mown-path segment and any other changes the board requires.