DEVELOPMENT REVIEW BOARD BENNINGTON FIRE FACILITY, 3RD FLOOR 126 RIVER STREET BENNINGTON, VT 05201 MINUTES DECEMBER 16, 2003 BOARD MEMBERS PRESENT: Michael Brady-Chair; Barry Horst-Vice Chair; Janet Thompson; Bob Burgess; Ron Alderman; Charles Copp; and Bill Barney. ALTERNATE BOARD MEMBERS PRESENT: Albert Ray; Andrew Anderson; and Randy Maxon. OTHERS PRESENT: Dan Monks - Planning Director; Fran Moriarity, Matt Merritt, Ken Margolin, Richard & Fran Fabricius, Jim Secor, and Recording Secretary, Christa LeBlanc 1. MINUTES OF DECEMBER 6, 2003 Bob Burgess moved and Charles Copp seconded approval of the Minutes of December 2, 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: None. 4. ALTERNATE VOTING MEMBERS: In the order of Albert Ray, Andrew Anderson, and Randy Maxon. 5. WRITTEN DECISIONS BLS Bennington, 210 Northside Drive. The application submitted is for an outside display area that was denied due to traffic, safety, and parking reasons. Barry Horst moved and Ron Alderman seconded approval for the Chair to sign the written decision for BLS Bennington, 210 Northside Drive. The motion carried unanimously. 6. DAVID JARECKI, 1950 MIDDLE POWNAL ROAD Subdivision plat review of a two lot subdivision. Barry Horst stated the Application Review Panel had no problems and recommends approval. Ron Alderman moved and Charles Copp seconded approval of the subdivision plat review of two lot subdivision. The motion carried unanimously with Albert Ray and Andrew Anderson voting. 7. AUDREY & MICHAEL LACHANT, GREGORY VIDETTO, 445 MAIN STREET Design plan and site plan review of bar/entertainment use. Barry Horst stated the Application Review Panel recommends approval for the signing façade and site plan. Bob Burgess moved and Barry Horst seconded approval for Audrey & Michael Lachant, Gregory Videtto, 445 Main Street, design plan and site plan review of bar/entertainment use. The motion carried unanimously with Randy Maxon and Albert Ray voting. 8. MERRITT FAMILY VT IM, BENNINGTON SCHOOL, INC. Site plan and conditional use review of increase of student count from 55 to 60. Ken Margolin stated the application submitted is to increase the potential level of students to no more than 60 and to construct a 27' X 48' greenhouse. Jim Secor stated the applicant is proposing to enlarge the parking area from four spaces to 20 spaces at the Estelle Atwood office building. There are 104 parking spaces with four being handicapped on campus and a small overflow for visitor parking. Jim also stated there are three dumpsters on the property, no exterior lighting, and the greenhouse would be screened from Fairview Street. Bob Burgess has noticed water coming from the parking lot on Fairview Street and Jim Secor stated he would look into the drainage issues. Matt Merritt also commented he had addressed the water issues and spoke with the Highway Supervisor regarding the apron and curb cuts that were installed. Albert Ray asked if there would be lighting in the greenhouse and Matt Merritt stated the lights would be on at all times from mid March to June. Matt also stated if the lighting becomes an issue the greenhouse could be screened. Janet Thompson inquired on the heating source and asked if exhaust fans would be used and Matt stated a propane heating system would be used and a direct system would be used for ventilation. Janet is concerned with noise from the fans and Matt stated it is a direct system and the noise would be slight. Jim Secor stated the greenhouse is 250' from the road and 500' from the nearest neighbor. Richard Fabricius, an adjoining neighbor, asked if anything could be done with the trash and cigarette butts being thrown on his lawn and Ken Margolin encouraged Mr. Fabricius to call the school and complain about the trash on his property because the school is suppose to respond to all complaints within seventy-two hours. Matt also commented there is no smoking on the premises but have designated a smoking area on campus and should eliminate trash being thrown on Mr. Fabricius' property. Dan Monks mentioned the parking on Fairview Street in front of the office building and Jim Secor stated there will be large stones placed in front of the parking lot and no parking signs posted. The Board has asked the applicant for a detailed drainage plan and information regarding the noise from the ventilation fans. Janet Thompson moved and Bill Barney seconded to preliminary approve the site plan and conditional use for Merritt Family VT IM, Bennington School, Inc. The motion carried unanimously. 9. ROBERT BEAROR, BENNINGTON MOTOR CAR GROUP, INC., ROUTE 7 SOUTH Request for a continuance. Michael Brady stated their first hearing was preliminary denied and this request would be new testimony. Janet Thompson moved and Barry Horst seconded approval for a continuance for Robert Bearor, Bennington Motor Car Group, Inc., Route 7 South. The motion carried unanimously with Albert Ray and Andrew Anderson voting. At 7:56 P.M. Andrew Anderson moved and Charles Copp seconded to adjourn the meeting. The motion carried unanimously. Respectfully submitted, Recording Secretary, Christa LeBlanc