DEVELOPMENT REVIEW BOARD CAREER DEVELOPMENT CENTER ASSEMBLY ROOM 321 PARK STREET BENNINGTON, VERMONT 05201 MINUTES DECEMBER 3, 2002 BOARD MEMBERS PRESENT: Michael Brady-Chair; Barry Horst; Bob Burgess; Janet Thompson; Bill Barney; Ron Alderman; James Jerome and Michael VonOuhl. ALTERNATE BOARD MEMBERS PRESENT: Randy Maxon; Albert Ray and Charles Copp. OTHERS PRESENT: Dan Monks-Planning Director; John Endres; Thanh Huyuh Nguyen; Jim Secor; Michael McDonough and Nancy Lively-Secretary. At 7:30 P.M., Chair Michael Brady called the meeting to order. MINUTES OF NOVEMBER 19, 2002: Bob Burgess moved and Charles Copp seconded approval of the Minutes of November 19, 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, Albert Ray. THANH NUYUH BGUYEN, 341 MAIN STREET Mr. Horst stated that the Application Review Panel and Historic Preservation Society were against the neon signs because they are incompatible with the surrounding environment. Ms. Thompson asked if the sign was a directional sign and Mr. Alderman responded that a directional sign is from our sign ordinance whereas time and place doesn't make any distinction. Ms. Thompson pointed out that there are presently several establishments on Main Street that have neon signs and perhaps a lit open sign would be an option. Mr. Horst added that most of these businesses with neon signs are not in compliance. Mr. Jerome stated that their main sign is not neon and that he doesn't have a problem with the neon signs. Ms. Nguyen stated that the main sign would be painted from the accepted color chip selection, even though the application gives specific colors, and feels that the neon signs would attract more customers. Barry Horst moved and Michael VonOuhl seconded to approve the new signs for Thanh Huyuh Nguyen at 341 Main Street as presented. The motion was defeated with three in favor and six opposed with Charles Copp voting. JIM ROBERTS, GREEN MOUNTAIN PRE-STAIN, INC., 127 BOWEN ROAD The applicant is seeking site plan approval for a wood pre-stain facility in an existing currently vacant industrial building. Mr. Horst stated that the applicant indicated two trucks per day, noise, odor and pollution as proposed by State applications, no materials stored inside the building, and no waste products generated. The Application Review Panel had no problems with the application. Mr. Secoy added that there are some fixtures on the property not in compliance with Act 250 that will be removed and there is some piping going to the brook that will be sealed off. There will be no dumpsters or outside storage. Bob Burgess moved and Janet Thompson seconded to approve the site plan for Jim Roberts, Green Mountain Pre-stain, Inc., 127 Bowen Road as presented. The motion carried unanimously with Randy Maxon voting. GORDON DEVELOPMENT/BENNINGTON ACRES, ROUTE 67A, ADJACENT TO HANNAFORD PLAZA Barry Horst moved and Michael VonOuhl seconded to re-open the hearing for Gordon Development/Bennington Acres, Route 67A, adjacent to Hannaford Plaza. The motion carried unanimously. John Endres addressed the drainage issue for the small parking lot, proposed settlement pond and the need for oil separators as follows: * The proposed settlement pond on the north side has steeper sides but the same volume as the existing detention basin. * There is never anything but snow in the existing detention basin. * There will be a raised culvert above the bottom of the detention basin, as well as, across the road. * All of the storm water on the site now goes into interior catch basins, gets treated by the wetlands, follows a detention swail around the south side of the parking lot before it empties into the river. * The storm water from the proposed site has storm water running into catch basins, into the detention basin and then into the river. Overflow is handled by the raised culverts. * Even though it is a relatively flat site, there has never been a drainage problem there. * Oil and grit separators are not viewed as an acceptable alternative to natural treatment. * Natural treatment, the presence of vegetation, is preferred by the State. * One third of the site will go to the existing storm water treatment system that has functioned perfectly for the past ten years. The rest of the site will go to a storm water detention basin, which will replace the perfectly functioning one that's already there. * Water headed toward Route 67A will cross the road and go down the bank. * Oil and grit separators fill up and need to be maintained. Michael McDonough addressed the intrusion of roadway and parking areas into the 200' buffer as follows: * Portions of the Minutes from the 11/7/90 thru 3/6/91 Planning Commission Meetings were reviewed and interpreted as they pertained to "out parcel development" and the 200' buffer. Gordon Development's interpretation is that the Planning Commission's concerns were to prevent additional building development (i.e. restaurants, banks, etc.) and to keep the area open. * The pre-approval site plan from 3/6/91 was referenced where the proposed building was to have been 385' but only 168' was actually constructed. * The present proposal is for the perimeter road and parking on the 200' buffer. * The Gordon Development/Hannaford agreement was reviewed to indicate the restrictions that the hotel is working with. * It is important to have two means of ingress and egress to the retail area. * The proposed site plan is the best scenario for the area in terms of building placement, green space and aesthetics. * If the northerly roadway were routed through the parking lot, required parking spaces would be lost and it isn't the best way to route traffic. * As many cars access the shopping center from the non-signaled entrance as do from the signaled entrance. * Lighting will be along the perimeter road similar to the existing pattern. * Gordon Development owns another parcel of land along Route 67A. They have not considered mitigation using this parcel. Perhaps this is an option. * Gordon Development will waive the 60-day limit for one more meeting. Bob Burgess moved and Michael VonOuhl seconded to continue the Gordon Development/Bennington Acres, Route 67A, adjacent to Hannaford Plaza hearing. The motion carried unanimously with Albert Ray voting. OTHER BUSINESS Mr. VonOuhl stated that an effort should be made to learn what businesses on Main Street are not lighting compliant and what businesses are grandfathered. Mr. Monks will have this checked out. At 9:15 P.M., Michael VonOuhl moved and Bob Burgess seconded to close the hearing and go into Executive Session to discuss Litigations. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary 1