DEVELOPMENT REVIEW BOARD CAREER DEVELOPMENT CENTER ASSEMBLY ROOM 321 PARK STREET BENNINGTON, VERMONT 05201 MINUTES NOVEMBER 5, 2002 BOARD MEMBERS PRESENT: Michael Brady-Chair; Barry Horst; Bob Burgess; Janet Thompson; Andrew Anderson; Bill Barney and Ron Alderman. ALTERNATE BOARD MEMBERS PRESENT: Randy Maxon; Albert Ray and Charles Copp. OTHERS PRESENT: Dan Monks-Planning Director; Jeffrey Goldstone; John Endres; Hiram Blake; Paul Rostino; Michael McDonough; Jeffrey Gordon; Mark Gregory and Nancy Lively-Secretary. At 7:30 P.M., Chair Michael Brady called the meeting to order. MINUTES OF OCTOBER 15, 2002: Barry Horst moved and Bob Burgess seconded approval of the Minutes of October 15, 2002 as submitted. The motion carried unanimously. READING OF THE WITNESS OATH: Dan Monks read the Witness Oath. DISCLOSURE OF EX PARTE COMMUNICATIONS AND CONFLICTS OF INTEREST: None. ALTERNATES VOTING ASSIGNMENTS: In the order of Charles Copp, Randy Maxon and Albert Ray. WRITTEN DECISIONS - BOARD REVIEW - ANNOUNCEMENT Dan Monks stated that the Bennington Little League, 83 Little League Road, Margaret Oceanna, 1584 Vail Road and Mike Ranzona, 108 Harwood Hill were all decided in public session. Independent Wireless One, Regis Family, Mount Anthony was denied due to esthetic concerns. Barry Horst moved and Bob Burgess seconded approval for the Development Review Board Chair to sign off on the written decisions for the following: Independent Wireless One, Regis Family, Mount Anthony Bennington Little League, 83 Little League Road Margaret Oceanna, 1584 Vail Road Mike Ranzona, 108 Harwood Hill The motion carried unanimously. THE VILLAGE CHOCOLATE SHOPPE, 471 MAIN STREET This was a design review for new signs, and was reviewed and recommended for approval by the Application Review Panel. Ron Alderman moved and Charles Copp seconded approval for new signs at The Village Chocolate Shoppe, 471 Main Street. The motion carried unanimously. TOWN OF BENNINGTON, 209 SOUTH STREET This was a design review for a new sign at the Blacksmith's Shop, and was reviewed and recommended for approval by the Application Review Panel. Charles Copp moved and Bill Barney seconded approval for a new sign for the Town of Bennington, 209 South Street at the Blacksmith's Shop. The motion carried unanimously. CARBONE FAMILY REALTY, LP ROUTE 67A, NORTH BENNINGTON ROAD This is an amendment to a previously approved site plan to relocate landscaped islands in the southeast corner of the lot. Jeffrey Goldstone stated that, in addition to relocating the landscaped islands, some of the drainage was reoriented. The only intent of the amendment was to make plowing easier. Barry Horst moved and Randy Maxon seconded the approval of the Carbone Family Realty, LP Route 67A, North Bennington Road amendment changes. The motion carried unanimously. BENNINGTON FIRE DISTRICT #1, TOWN OF BENNINGTON, ORCHARD ROAD FIRE STATION, ORCHARD ROAD This is a site plan and conditional use of a 12' x 16' shed. The Application Review Board did a preliminary review and recommended conditional use and site plan approval noting the following: * The shed will be built on a cement slab. * It will be 10' high. * There is water, but no septic - the septic field is indicated. * Enclose the dumpster after the shed is built with peripheral access to the shed. * No hazardous materials will be stored in the shed. * No additional landscaping. Bob Burgess moved and Charles Copp seconded final approval of the Bennington Fire District #1, Town of Bennington, Orchard Road Fire Station, Orchard Road site plan and conditional use for a 12' x 16' shed. The motion carried unanimously. HIRAM BLAKE, 170 SUNSET DRIVE This is a variance of the minimum lot width requirement and subdivision plot approval for a two-lot subdivision. The minimum lot width requirement is 200 feet - the applicant is seeking a 120' wide lot and a 118' wide lot. Total acreage is 10 acres subdivided into two five-acre lots. Notification was hand delivered to abutting landowners yesterday. John Endres stated that there were two mobile homes on the property in 1972, each with their own septic systems and sharing a well. Both were occupied until 1997 - the one to the north is still occupied and the one to the south has the infrastructure remaining. The intent is to subdivide the property and put another mobile home on the empty pad. Board questions received the following responses: * If the existing well fails, a new well would be drilled. * Access is staying as is. * Any replacing septic system would have to be a mound system. * Should a new well have to be drilled, there would be an easement for the existing residence. * There was no negative reaction from abutting landowners. Ron Alderman moved and Bill Barney seconded the preliminary approval of the variance request and the reading of the Five Facts: Ron Alderman noted that there are lots this size with several homes on them and didn't feel that subdividing for two homes was a problem. 1. The hardship must be created by the unique physical circumstances or conditions peculiar to the particular property. Fact #1 carried with five in favor and three opposed. 2. Because of these circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the municipal zoning regulations. Fact #2 carried with five in favor and three opposed. 3. The hardship has not been created by the applicant. Fact #3 was voted four in favor and four opposed. 4. The variance requested will not alter the essential character of the neighborhood. Fact #4 was defeated with four in favor and five opposed. 5. The variance requested is the minimum variance necessary to afford relief. Fact #5 was defeated with four in favor and five opposed. The approval was defeated. GORDON DEVELOPMENT/BENNINGTON ACRES, ROUTE 67A, ADJACENT TO HANNAFORD PLAZA This is for site plan approval for an 80-unit hotel adjacent to the Hannaford Plaza and conditional use approval for construction within the 100-year flood plain. Michael McDonough and Mark Gregory addressed the following issues: * Applicant is in possession of all required permits. * Applicant has approval and written documentation for the water and wastewater issues surrounding the pool. * The Planning Commission's intent was not to have any structural development on the 200' buffer area - applicant is honoring that. * The photometric plan was within the Board's packet for this meeting. * Transportation plan has been submitted to the Agency of Transportation - pedestrians will not have access to the highway. * The fire department expressed concern about access to the roof - adjustments have been made to accommodate this. * The height of the hotel is 36'11" - Hannaford is 29' at its highest point. * There will be interior roof drains. * The 12'6" road sign has been changed to a blue internally lit sign with white lettering - softer impact on North Bennington Road. * There is parking in the rear of the building but shouldn't interfere with fire apparatus. * Because of the sprinkler system, the 4" water line to the building may not be adequate and may have to be replaced with a 6" line. * Access road in front of hotel allows a full circle drive for delivery trucks. * Traffic study indicates that the hotel would not have a significant impact on traffic - a stop sign was suggested for the non-signaled access. * Applicant has certification that the structure will be elevated above 100-year flood plain level. Bob Burgess moved to continue until a final set of plans have been presented. Mr. McDonough stated that he has a complete set of final plans that he can give Mr. Monks tonight with the changes that have been discussed. The motion died due to lack of a second. Barry Horst moved and Bill Barney seconded to close the hearing. The motion carried unanimously. PARAN ACRES, INC. AND WILLIAM R. THOMSON, JUST EAST OF LAKE PARAN AND JUST SOUTH OF SHAFTSBURY/BENNINGTON TOWN LINE Applicant has requested another continuance and the application has been incomplete since July 2002. Barry Horst moved and Bob Burgess seconded to deny without prejudice. Mr. Alderman stated that the Board could act on the application with a condition attached, and Mr. Monks added that it "may not be appropriate to set precedent on a subdivision that may not occur". If the application was resubmitted, the notification process would be done again but the fee would be waived. The motion carried unanimously. OTHER BUSINESS Documents were circulated for signatures. On November 20, 2002 at 5:00 P.M. at the CDC Assembly Room, there will be a telecommunication consultant to address the Planning Commission, Development Review Board, Select Board, as well as, the general public. He will review proposed By-Laws and the federal law regarding telecommunication facilities. At 8:57 P.M., the hearing was closed to go into Deliberative Session. Respectively submitted, Nancy H. Lively Secretary 1