TOWN OF BENNINGTON DEVELOPMENT REVIEW BOARD MINUTES CDC ASSEMBLY ROOM BENNINGTON, VT 05201 AUGUST 21, 2002 @ 7:30 P.M. Present: Dr. Michael Brady, Robert Burgess, Charles Copp, Barry Hörst, Janet Thompson, Jamie Jerome, Ron Alderman, Michael von Ouhl, Randy Maxon and Al Ray. Excused: Andy Anderson and Bill Barney. Also present: Dan Monks, Zoning Administrator; David Mance, Jim Secor, Keith Martin, Mr. & Mrs. Kevan Jones, Jeffrey Goldstone, Tim Smith, Don Carbone, Joe Carbone, Scott Creedy, John Endres, Robyn Baker, Bobby Gates, and other citizens. Brady called the meeting to order at 7:30 p.m. 1. Minutes * August 7, 2002 Burgess moved to postpone approval of the Minutes of August 7 pending review of the tapes. On page 7, line 45, he feels that information is missing. Hörst seconded. The motion passed unanimously. 2. Reading of witness' oath. Mr. Monks read the witness oath: "I solemnly swear and affirm under the pains and penalties of perjury that the statement I make, the testimony I give, and other evidence I submit to the Development Review Board at the Board's public hearing held on this date shall be true and correct to the best of my knowledge and belief." 3. Disclosure of Ex parte Communications and Conflicts of Interest Jerome recused himself from Item 9. 4. Alternates - Voting Assignments Copp, Maxon, and Ray. 5. Written Decisions - Board Review - Announcement * Crescent Manor Nursing Home, Crescent Boulevard, site plan and non-conforming use approval. Monks reported that this application was approved. Von Ouhl moved to authorize the chair to sign the findings as presented. Jerome seconded. The motion carried. Brady abstained. * Mount Anthony Union High School, District 14, Mount Anthony Middle School, East Road, permit amendment Monks reported that this application was approved in part and denied in part. The relocated driveway and relocation of the sidewalks were approved, but the pedestrian signalization and the left turn lane were still required. Von Ouhl moved to authorize the Chair to sign the Findings of Fact as presented. Jerome seconded. The motion carried. Brady abstained. * Peter and Alice Pappas, James Cone, 832 West Road, site plan and conditional use denial. Monks reported that this application was denied because all of the necessary permits have not yet been obtained and the proposed public restroom did not seem adequate to the Board. The connection to municipal water was also not allowed by the Bylaw. Von Ouhl moved to approve the Findings of Fact as presented. Copp seconded. Brady abstained, as he was not present. 6. Merritt Family VT LM, Bennington School, 615 and 662 Mattison Road, request for continuance to September 3, 2002. Burgess moved to approve the request for continuance. Jerome seconded. Copp and Maxon voted. The motion passed unanimously. The matter was continued until the next meeting on Tuesday, September 3. 7. Paran Acres, Inc., and William R. Thomson, just east of Lake Paran and just south of Shaftsbury/Bennington Town line, request for Continuance to September 17, 2002. Burgess moved to grant the Continuance as requested. Von Ouhl seconded. The motion passed unanimously. Ray and Copp voted. 8. Bennington College Corporation, Bennington College Campus, College Road, site plan and conditional use review for parking lot. Hörst reported that the ARP raised issues, and the applicant requested a continuance in order to respond. Burgess moved to grant the continuance as requested. Jerome seconded. Copp and Maxon were voting. The motion passed unanimously. 9. Lulu Sweet, North Branch Street, review of three lot subdivision. Mance was representing the applicant. Hörst noted that the ARP reviewed this matter. This is a straightforward three-lot subdivision, and the ARP recommends approval as presented. Von Ouhl moved approval. Burgess seconded. Hörst noted that there was a change to the width of the cul de sac. It is 1.5 feet wider to make it 50 feet and bring it into compliance. Copp and Ray were voting. The motion passed unanimously. 10. Paul J. Martin, Inc., 336 North Street, review of site plan and request for rear yard variance for car wash. Jim Secor and Keith Martin were present. Hörst noted that ARP met and had some suggestions and recommended a full hearing on the matter. All three alternates voted. Secor explained that they are proposing a new car wash. This property is a lease lot from the railroad. The lease is currently waiting for a final signature from the secretary of state. They are proposing to build curbed islands in front of and between two car washes. They would like to construct the whole facility, and use the first bay now. They will add a trench drain system, tied into the catch basin. They will add directional arrows to delineate access into the car wash. The two islands are concrete based curb, with grass and two pole mounted lights, full cut out fixtures to match the existing lights. This will be under eave lighting, shielded to alleviate glare. They are also proposing three crab apple trees and a perennial bed in front of the building. The building will be split face block construction. Photometrics were presented. This is not going to impact the Smokers Den. Secor noted that this easement was granted when Grand Union first opened. The applicant has supplied legal findings about what can be done within the hatch marked area. Secor reviewed the turning radius. He noted that there is a slight curb along the edge of the right of way. The only other proposed light fixture is a motion sensor security light in the rear. Secor distributed photographs of a facility in Latham with a similar design. Hörst asked if there was any plan to paint or crosshatch the exit, so people will not park there, and Secor noted that they plan a no parking sign, and will stripe it if necessary. A letter from attorney John Williams, representing Martin, explained why he needs the variance. Martin noted that he leased the land for 30 years. Thompson asked and Secor noted that there is a heated concrete ramp on both sides to prevent icing. The dumpster enclosure is existing, as is the shed. Ray asked how many cars are proposed to use the facility daily, and Martin noted 70. Burgess wondered if there was a better location for the vacuum kiosk. He felt that they would get two more parking spots if the vacuums were relocated. Secor indicated that the vendor recommended against the other location because he did not want the vacuums in the stacking lane. Burgess noted that the catch basin at the street is very shallow. Secor noted that there was an 8" pipe in another location. Secor will discuss this matter with Kinney. Martin noted the location of the next catch basin. Thompson asked about landscaping between Jensens' and the proposed site. Secor noted that Jensens' customers are encroaching across the property line. Von Ouhl moved to grant final approval of the site plan. Alderman seconded. The drainage issue will be pursued with Kinney. The motion carried. Copp, Ray and Maxon voted. Jerome abstained. Ray was opposed. Monks read the five facts which were voted on: 1. Eight in favor. Ray abstained. 2. Eight in favor. Ray abstained. 3. Eight in favor. Ray abstained. 4. Eight in favor. Ray abstained. 5. Eight in favor. Ray abstained. 11. Generations Health Center, 194 North Street, review of design and variance request for signs. Hörst noted that the ARP reviewed this matter. He reported that the ARP approves the design, but they will need a variance for the signage. He noted that the ARP was concerned that there was no documentation supporting Brooks' denial to remove signage. Hörst recommend a continuance, in order for the applicant to obtain that information. He would stipulate that there be documentation to back up claims that they are unable to get sign any other way. Bridget Hemm and Elaine Harwood noted that they have spent almost a year and a half negotiating signage. In order for them to comply, Brooks would have to remove signage that they and Video World were already granted variances for in the past. Hörst noted that they reported that they are not being offered any space at the Brooks plaza for signage, but there is no documentation to bear that out. In order to get the space they have to get approval to put up the signs. Brooks has received a variance from the town using up all of the available sign space. Harwood noted that they are asking for minimal signage in keeping with the design of the downtown area. This is creating a hardship for the patients trying to get to the medical practices. Thompson agrees that the sign is needed. Monks noted that 188 square feet would be allowed. Video World has 88 square feet and Brooks has 211 square feet. He noted that the old sign ordinance did award a bonus for being set back from the street. Monks noted that they couldn't change a previously permitted variance unless the applicant returns. Alderman asked, and the applicant noted that they want to place a sign on the building that is very minimal in comparison to what is already there. They are only asking for enough signage to identify the practices. She distributed copies of the signs. She reported that Brooks and Video World signs are major construction issues. They are asking for 35 square feet for three signs that are barely visible. Jerome asked if they had the actual size of the Brooks sign on record, as he feels that it was substantially reduced from what was permitted. Thompson felt that the signage on the building might not be part of the square footage, as they truly aren't visible from North Street. These might be considered informational not advertising. The sign at the front would be advertising. Monks noted that the ATM is a separate building. The lease notes that they need to agree that the signs are okay, and they accepted the designs previously. Burgess agrees that they need a letter indicating Brooks' stand before they make a decision. Von Ouhl feels that the sign is tasteful. Hörst feels that they need to be careful, or all plazas would look for signs stacked up on the street. Harwood noted that they are trying to keep in line with the historical district, and have presented historic colors. Hörst noted that the ARP recommended design approval, but has a problem with the stand-alone sign in front. He noted that Video World was granted a variance after the fact. Ray asked if the freestanding sign would block the view, and Harwood noted that it would not. Thompson felt that this situation is unfortunate, but is concerned that if they grant this, they could run into this situation again. Alderman moved approval of the signs as presented. Von Ouhl seconded. Burgess was concerned that Don Hamilton, property manager, is making the application. He proposed a change of location. Maxon and Ray are voting. The motion carried. Burgess and Hörst were opposed. 12. Carbone Family Realty, LP, Route 67A, North Bennington Road, site plan and conditional use review of automobile dealership. John Endres, Tim Smith, and Jeff Goldstone were representing Carbone Realty. This application is to build a new auto dealership on Northside Drive, North Bennington Road. They are replacing the existing Honda/Toyota dealership on the south side of town. They are proposing a combined dealership, adjacent to the Gladstone property (Ames and the former Price Chopper). The site is approximately 8.5 acres, and they are proposing the use of five acres. The building in located in the center of the site, surrounded by display area. There is a small amount of customer and employee parking. The display area will be paved. They are asking for a new curb cut access at the center of the site. Smith reported that they made a number of attempts to work with Gladstone to coordinate access, but he was not interested in working with them. They expect 300-400 trips per day. They also have an existing access across from the Hannaford service area. Toyota and Honda are specific about requirements for service, parts, and signage. Don and Joe Carbone were present. Smith noted that this is a unique combination of Honda and Toyota working together, and the combination of the two is important. Smith indicated that they have created islands within parking area. They have included the required number of trees according to regulations, approximately 100, including an arborvaite hedge along the front, honey locust, pine trees along the back and another arborvaite hedge along the north side. The existing house on the site will be demolished. They are using that material as fill for this site to bring it up to the required grade. Smith reviewed the site lighting layout. H e indicated the separate service write up areas for each manufacturer. They have adjoined parts areas, but each manufacturer has its own lounge. The business area is shared. He also indicated the location of the repair bays, body shop and support facilities. The facility is approximately 24,000 square feet. Smith reviewed a computer generated perspective drawing. He also reviewed the photometrics, and noted that a specialist, Tim Stockman, prepared the lighting design. Endres noted the location of the existing municipal water main installed two years ago. They are proposing a new 4" line. The building will be sprinklered. Endres indicated the hydrant location. They have pressure over 130 pounds, which is adequate for fire protection. The municipal sewer was also recently installed. One section of the existing line will be removed. Endres reported that he spoke with Gilman of the Agency of Transportation about the curb cut. He did not feel it would be feasible 3-4 weeks ago, but now reports that if it is right turn in and right turn out only, it would be looked upon favorably. He noted that a single access makes truck access difficult. They prefer to have the trucks come in, unload and head back out. Endres reviewed drainage plans. He noted that there is a fairly deep, wide roadside swale along front of the plaza. There are also 36-48" culverts. They propose to drain the entire parcel into a series of catch basins. Applications for storm water are pending. Endres reviewed details for water connections, erosion control, drainage structures, and the pavement cross section. Smith reviewed the signage calculation. Because they use standardized signs, these are the smallest signs that the manufacturers allow. They hit the maximum square footage for the front of the building. The signs are internally lit and face south. Hörst asked if the grades are existing. Endres noted that the plan shows both existing and final grades. The dashed lines are existing. Solid lines are proposed grades. Burgess asked if the diamond at the south entry is a water spot. Endres noted that it is a high spot. That water will go back into the parking lot into a catch basin about 20' from the entrance. The site is flat, so it is difficult to show specific grades to show drainage, without spot elevations. Nothing sheet drains into the street. Burgess felt that it would. Jerome noted that 50 of the trees are being used in a required buffer, which causes a shortfall. He feels that additional trees would soften the massive amount of blacktop. Bylaws require more plantings within the islands, and Jerome feels that size will support more than one tree each. Smith agreed that they could get some more in some islands, but did not feel that they could add any in front. They Bylaw requires three-inch caliper trees. Jerome feels that the proposal is at least 14 trees short. Burgess questioned the trees planted in the water line right of way. Smith noted that easement was for this property. The applicant owns the easement. The easement is in the deed, so it is required to be shown. Burgess asked about the choice of trees, and Smith noted that they chose honey locusts because they think it is an attractive tree. It has a small leaf, yellow, that turns green. Endres felt that sycamore leaves would cover the cars. Smith noted that there is also a clean up issue with a number of trees. Smith noted that Price Chopper has honey locusts. Von Ouhl would like to see more landscaping along the front, evergreens, as there are no leaves on honey locusts in the winter. Smith noted that the locusts are planted at the spacing that is recommended. Monks noted that there is additional different landscaping, low-lying evergreen shrubs. Thompson asked and Endres noted that electrical service is underground and indicated the location. Thompson asked about directional arrows in and out. Endres noted that they would like directional arrows and signs. The curb is designed for only right turns in and out. Smith feels that the state will dictate whether they can add signage on the pavement. Smith noted that there are underground storage tanks - 1000-gallon propane tanks. The only vehicles around them will be placed by staff. There will also be small shrubs around them. The tanks will have easy access and be inconspicuous. They will comply with any barricade requirements. The dumpster will be in the rear and screened with a stockade fence. Handicapped parking for both employees and customers will be provided. Hörst asked about field collected white pines. Smith noted that a field-collected specimen is personally chosen, dug fresh and planted. Hörst asked what grade, and Smith noted that it gives a chance to pick a nice specimen. Smith noted that the advantage to field collected is that you get the opportunity to get the best quality. Hörst noted that caliper is the normal way they specify. There are no caliper specifications. Honey locusts are 3-3 1/2", 7-8'. Endres noted that the town requires a 3" caliper tree. Smith noted that the 50 dark American arborvitae are bought by height, not caliper. Copp asked Endres to indicate the length of the car carriers and the turning proposal. Alderman asked if the signage was in compliance. Monks feels that it is. Burgess noted that there is a worn pathway along the front of the property, and asked if the applicant would consider a walkway. Endres noted that the walkway would not be coming or going anywhere, and does not feel that it would serve any purpose. There is curbing along the side of the road. Thompson has seen folks walking from the Bennington College area through that area. She also supports a walkway along the front of the property. Smith noted that since Price Chopper closed, nobody walks on that side of the road. Hörst asked if the applicant could superimpose property boundaries on the photometric plans. He asked if there was any outside equipment proposed other than vehicles. The applicant reported that there was none. The entire area will be paved. Endres would have to coordinate a sidewalk with the Agency of Transportation. Monks noted that it would not have to be within the AOT right of way, but perhaps between trees and parking lot. Kevan R. Jones, Architect addressed the Board. He displayed and reviewed photographs of the location. He has been working with this location for years. He acknowledged and commended Carbone for an outstanding dealership. He noted that his presentation is not against the Carbone development, but for this particular location. He addressed the Select Board on the same topic several months ago. He displayed photographs of the site, which were taken in December 1999. Jones feels that this is one of the most beautiful sites in the state of Vermont. It is the last open space before Bennington College, and the entrance to North Bennington. The total parcel has over ten acres. It is evident that there are a great many auto sales areas in the Bennington area. He noted that the Price Chopper/Ames plaza is available, as are other sites. Jones is familiar with this site because in the 1950s he selected it as his senior thesis for Syracuse University. Four board members indicated that they have also walked the site. For his thesis, Jones designed a school for Bennington. He looks to the fence between this property and the mattress store as the dividing line between development and sprawl. Jones reported that the people in North Bennington have concerns over additional traffic. The Governor is also opposed to sprawl. Scott Creedy, North Bennington Zoning Administrator reported that the Chair of the Trustees has asked him to express concern about increasing traffic in North Bennington. They are concerned about the future volume of traffic in North Bennington. Monks noted that Creedy might look at the application in the office. Creedy asked what is projected for traffic going into North Bennington. The truck traffic appears to be pointed in that direction. There is currently a trucking concern on the border of New York state. Trucks are a major concern in their village. Creedy also asked how many employees would be working there. He asked if the business plan calls for expanded sales into New York. Don Carbone of Carbone Auto Group, addressed the board. He reported that they have been in business since 1929. They started as a Studebaker dealer for 25 years then went to Dodge, Ford, Pontiac, and they now have 24 franchises. They have stayed in business in central New York and now have dealerships in Bennington and Cornell, New York. They took over dealerships that had not been thriving. They are trying to create a facility that they community would be proud of. They purchased these dealerships without ever being inside them. In Utica, a similar community, they brought traffic to the community, but took outdated facilities and made good-looking facilities out of them. Von Ouhl moved to grant preliminary approval. Jerome seconded. Maxon and Ray were voting. The motion passed unanimously. Concerns were outlined: Additional trees, 14, are required Suggestion about landscaping in front Handicapped parking delineated Specifications on evergreens Paved pathway across front Turning radius Location of truck exit, and indication of traffic routes Number of employees (25) Location of gas tank 13. Mark and Eileen Jewett, 234 and 232 Benmont Avenue, review of subdivision plat and variance request for two-lot subdivision. Monks reported that there has been a preliminary denial. The applicants had an opportunity to withdraw, but wanted a formal decision. Endres noted that the Jewetts have asked him to relay that they have no additional evidence. This matter will have a closed deliberation. Jerome moved to close the hearing. Burgess seconded. The motion passed unanimously. Copp and Maxon voted. 14. James F. Harmon, 220 Benmont Avenue, site plan and use review of used auto sales. Monks noted that this applicant has also asked for a final decision. Burgess moved to close the hearing. Hörst seconded. Ray and Copp were voting. The motion passed unanimously. 15. Other Business. The Board discussed relocation. They have moved their meetings to the first and third Tuesdays. They need to finalize where they want meetings. There has been some work done on the acoustics at the Fire Facility. The public address system will be installed as well. Von Ouhl would like to see how it sounds when complete before they make a decision. Thompson agrees. Alderman noted his approval as long as they can keep the Tuesdays open. Monks noted that there is a handicapped member of the public that does not feel that this is an appropriate venue, but the CDC maintains that the facility is ADA acceptable. Jerome feels that fire house is more user friendly. Some work has been done, but the public address system is imminent. The air handling system has also had work done. The Board agreed that they would move to the firehouse as quickly as possible when acoustics have improved. Hörst suggested that they try to hold their meetings there a couple of times. The earliest is the first meeting in October. Monks noted that an ARP member has resigned. It is appropriate for the Board to nominate and elect an ARP member. Brady thanked Thompson for her effort. Von Ouhl asked if they could nominate an alternate. He nominated Copp. Hörst seconded. The nomination carried unanimously. These meetings will be moved to Monday. 16. Deliberation - Closed As there was no further business to come before the Board, Jerome moved to close the hearing to deliberative session. Copp seconded. The motion passed unanimously and the meeting was adjourned at 9:56 PM. Maxon voted. Respectfully submitted, Robyn C. Baker 9 1 10