DEVELOPMENT REVIEW BOARD BENNINGTON FIRE FACILITY, 3RD FLOOR 126 RIVER STREET BENNINGTON, VT 05201 MINUTES NOVEMBER 18, 2003 BOARD MEMBERS PRESENT: Barry Horst-Vice Chair; Janet Thompson; Bob Burgess; Ron Alderman; Charles Copp; and James Jerome. ALTERNATE BOARD MEMBERS PRESENT: Randy Maxon and Andrew Anderson. OTHERS PRESENT: Dan Monks - Planning Director; Eric Despard; David Haarmeyer, Jr.; and Recording Secretary, Christa LeBlanc 1. MINUTES OF NOVEMBER 4, 2003 Bob Burgess moved and Charles Copp seconded approval of the Minutes of November 4, 2003. The motion carried unanimously with Andrew Anderson abstaining. 2. READING OF THE WITNESS OATH: Dan Monks read the Witness Oath. 3. DISCLOSURE OF EX PARTE COMMUNICATIONS AND CONFLICTS OF INTEREST: James Jerome recused himself from #6, BLS Bennington, Wal-Mart, 210 Northside Drive 4. ALTERNATE VOTING MEMBERS: All alternate voting members will be voting. 5. BENNINGTON MUSIC SCHOOL, 128 NORTH STREET Design review of signs. The first sign was reviewed by the HPC. The HPC is concerned the sign will extend over the right of way. Andrew Anderson moved and Charles Copp seconded approval for design review of sign with the stipulation the sign must be decreased in size from 4' X 4' to 3' X 3'. The motion carried unanimously. The second sign is 6' X 6' and the HPC had no concerns. Andrew Anderson stated the sign looks bigger than 6' X 6' and Eric Despard commented the actual sign is 2' X 3' and underneath the sign is temporary, changing from time to time. Dan Monks stated this would need to be part of the sign if you plan to hang objects underneath on a regular basis. Bob Burgess moved and James Jerome seconded approval of design review of sign. Dan Monks will add to the application a six-foot conditional temporary sign providing it complies with design. The motion carried unanimously. 6. BLS BENNINGTON, WAL-MART, 210 NORTHSIDE DRIVE David Haarmeyer Jr. stated there is only one proposal being submitted. David also stated there are twenty nine spaces above and beyond the requirements, dates of use are April 3rd - September 24th, watering of plants will be done at 7:00 a.m. and 8:00 p.m., yellow garden hoses will be used, no chemical use or storage in parking area, northeast corner not being more than thirty six inches, no more than fifty percent of the sidewalk is being used, and overstock merchandise is being stored out behind the building. Barry Horst received a letter from an individual who had handicapped parking issues and David explained there is eight van accessible parking areas. Janet Thompson has concerns using parking spaces for the outside retail space and would like to know if it is possible to use the backside or the sides of the building for this retail space and David stated the store would be in violation if they were to use either sides of the building. David also commented the back of the building would create a hardship for the store because additional customer service staff would be needed. Ron Alderman moved and Andrew Anderson seconded for the Board to determine if this area is considered full time retail space. The motion carried four in favor and three opposed. A decision has not been made at this time. Barry Horst moved and Andrew Anderson seconded approval for a continuance. The Board expressed their concerns and asked the applicant to have the following information: * Exact footage of parking area * Safety Concerns-Customer parking * Loading and flow pattern from designated area * Moving retail space to a different location At 8:05 P.M. Andrew Anderson moved and Janet Thompson seconded to adjourn meeting. The motion carried unanimously. Respectfully submitted, Recording Secretary, Christa LeBlanc