DEVELOPMENT REVIEW BOARD BENNINGTON FIRE DEPARTMENT, 3RD FLOOR 126 RIVER STREET BENNINGTON, VT 05201 MINUTES MARCH 16, 2004 BOARD MEMBERS PRESENT: Michael Brady-Chair, Barry Horst, Bill Barney, Janet Thompson, Ron Alderman, Charles Copp, and Michael vonOuhl. ALTERNATE BOARD MEMBERS PRESENT: Randy Maxon, Albert Ray, and Andrew Anderson. OTHERS PRESENT: Dan Monks-Planning Director, Tom Quinn, Kirk Moore, Rob Spiak, John Eidberger, James Foster, and Recording Secretary, Christa LeBlanc. 1. MINUTES OF MARCH 2, 2004 Charles Copp moved and Andrew Anderson seconded approval of the Minutes of March 2, 2004. The motion carried unanimously. 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 Randy Maxon, Albert Ray, and Andrew Anderson. 5. APPLEJACK DEVELOPMENT, LLC, 210 SOUTH STREET Design review of changes to exterior of building. Dan Monks stated this application has been reviewed by the Application Review Panel and the Historic Preservation Commission. Barry Horst commented that the Application Review Panel and the Historic Preservation Commission recommends approval and asked the applicant to review the design changes. Tom Quinn referred to the application booklet drawing X-201 and gave an overall view of the design changes to the exterior of the existing building. Tom explained that South Street is at the bottom of the drawing, Hillside Road runs along the right side, and Union Street and the existing building is comprised of the original building built in the 1930's and is referred to as the Hillside Road building. The "L" was built in the 1950's and is referred to as the Union Street building. Tom stated there are very few changes in terms of the exterior. There are two chimneys protruding above the building as well as an elevator shaft that will be removed from the exterior of the building. There will also be an addition of an exterior entrance and an added second floor that was used as the boiler room in the corner between the Union Street building and the Hillside Road building. Another major addition is a small entrance in that corner on the east side tucked in along the side of Union Street and behind Hillside Road. The purpose of the first entrance is a focal point for the building and to allow visitors to the building. There will be an eight-car parking lot for visitors with handicapped accessible parking and will be putting in another ninety-one parking spaces behind the building in an area that is currently now a rather abrupt hillside. The employees would park in this area and access the building. Albert Ray noticed there is a flat rooftop and asked Mr. Quinn if they would consider a solar roof and Mr. Quinn stated no, the heating for the rooftop is a heating and cooling system. Kirk Moore stated their purpose is to preserve the historic character of the building and not try to replicate exactly what is there with any new construction by making a distinction between today's construction and what was constructed 75 years ago. The changes are minor overall and the first obvious change is to replace all the steel framed windows because they are not insulated. These windows will be replaced with an aluminum clad wood window that mimics what is there. The Union Street wing will have a window pattern that is again similar to what is there but not exact. These will be fixed sashes with copper windows on the bottom. For the addition itself, the main entrance is utilizing a simulated limestone masonry unit with a canopy and a glass curtain wall system for the main lobby of the building. That new glass wall is sitting on the top of once was the old boiler room. The colors being used for all the window sashes and windows throughout the building is Cinnamon Toast red, Terry Town green is an accent color that will be used on the exposed foundations around the building, concrete beams, pile asters, and wood cornice. The additional accent color is Bennington gray that will be used on all the windowsills and caps along the top of the building. The accent color of the front door of the building is in Prescott green and the simulated stone will be done with Paprika. Kirk also stated the concrete on the building would be repaired and the front façade on South Street is being restored. Barry Horst commented on the new aluminum glass curtain wall and the proposal states that it is mirrored glass. Kirk noted the glass curtain wall will have a clear glaze and may have a slight tint also. Kirk also stated the air conditioning units are roof top units and are not visible on Union or South Streets. They will be visible on Hillside Road. 6. GREEN ACRES PARTNERS LP, ROUTE 67A, 24 HANNAFORD SQUARE Development review of new restaurant. Dan Monks stated this is the first of two required hearings. Rob Spiak stated the proposal is to develop an existing retired motel property for a 4200 square foot Chili's Bar and Grill restaurant. The site plan being proposed is to bring the building to the front corner of the site, a parking field off to the right, and to use the existing curb cut that is on Hannaford Square. The proposal is for a seven day a week restaurant operating from lunch time to 11:00 p.m. weekdays and midnight to 1:00 a.m. on Friday and Saturday nights, and also operating on Sundays. The site plan is also proposing to maintain the existing wetlands, accommodating interior landscaping on the plan, a fully screened trash enclosure on the side, and propane tanks on site. Barry Horst commented on the landscaped plan as shown, designates the trees in four locations look like they had been switched and the symmetrical pattern in there has reversed the last set of trees. Rob stated the Board is aware that the Fire Department has requested for an additional point of access and the landowner sold the property to Hannaford with no rights to access and is currently in the process to attempt to secure those rights in order to make a cross connection. Charles Copp inquired on the Chili's "To Go" sign and asked if this will be a drive through and Rob stated no. Rob explained there would be a pedestal speaker outside for customers to pull up and push a button to acknowledge you are there and have placed an order. Bill Barney asked the applicant which signs would face the south side on Route 7 and Rob stated an oval Chili's sign will be mounted on the store above the main entry door with a 3D pepper element above that. The "To Go" sign is on the side of the building facing the parking lot. There will be no signs facing the Route 7 bypass and the monument sign has been eliminated from the application in order to comply with the bylaw. Albert Ray noted the proposal states there will be minor impact on the existing traffic and Rob stated this is based on the traffic we are looking to service is on the existing roadway system. This information was based on the review of traffic report that was completed for the Hampton Inn that identifies levels of service for this intersection. It is the applicant's belief that based on the peak hours for this restaurant it is generally lunchtime and dinner hour that the existing traffic patterns will be unaffected. Albert also inquired on the fire hydrant that is proposed and asked if it was their responsibility or the town's and Rob stated they are proposing to drag a 6" water main on the building frontage and felt it would be convenient to locate a hydrant at that location. Rob will also have to speak to Mr. Morse at the Water Department to see who is responsible. Janet Thompson inquired on the Hannaford connection and asked how it will affect what is being presented and Rob explained a layout has been done and submitted to Hannaford. They are proposing to tie and break an aisle and have two aisles line up. The review of the existing conditions of the parking lot delineates the Hannaford parking field and you would have a couple spaces that would end and turn into an abrupt drive aisle so traffic coming into the site will enter through this point. Rob stated they have plans to move and add additional trees on the site, which will not impact their opinion as to the layout. Janet also asked as far as traffic flow in and out, will there be a change in how you enter and exit and Rob stated there would be a change from what you are seeing this evening because what they anticipated is based on discussions with VTRANS. There is a concrete median that is broken and will allow access into the site and they feel the State is going to ask them to close this, the curb cut will turn into a customer main entrance and customers will also be allowed to exit the shopping center and get into the site. John Eidberger stated there are many details to be worked out and the existing property owner has not retained any rights for this cross access through Hannaford's and this property. Andrew Anderson inquired on the proposed access to the Hannaford lot and asked if you see this encroaching on the wetlands and do you require a bridge and Rob stated with the cross connection their plans is to put in a driveway and a culvert pipe between the two. Rob also stated they do have a determination from the State that these are class 3 wetlands and there is no associated buffers on them. They also have a jurisdictional letter from the army core indicating their jurisdiction. The plan is to mitigate the disturbance as a 2.1 ratio that occurs in this property on the rear land behind Hannaford and the wetlands would be recreated back there. Albert Ray noted the plan states "on weight" and Rob stated this relates to the parking issue and the submission that was made. This is an industry accepted standard formula that is used to justify the parking. It is showing there are 25 employees that would work in the store, which is 25 cars, and the restaurant has a seating capacity of a 149 seats, which is broken down to 2.5 guests per car, which equals 59 cars. During the busier periods you have people waiting to be seated and the industry standard being used for that is 10 parties on weight, which equals ten cars waiting. There are ninety-five parking spaces and the applicant is requesting ninety spaces that are above the land use requirement. Bill Barney asked if there was curbing around the parking area and what would be done with the snow? Bill feels if there weren't a place for the snow they would be losing parking spaces. Rob is aware this may happen and will be changing the curbing to a wing type asphalt. Michael Brady stated the applicant will update the plan to extend the sidewalk, the applicant justified the reduction of parking spaces, provided trees for screening, added additional trees, a pedestrian connection to Hannaford's and the Hampton Inn, and the restricted drive access plan. Michael also indicated there is a need to make some clarifications regarding the lighting and discussion was held to modify the plan changes. Michael stated the lights must be turned down twenty percent one hour after closing. Rob stated they had agreed to 10:00 p.m. but would like to amend that hour of shutting the lights down because their business closing hours are 11:00 p.m. Monday - Thursday and 1:00 am on Friday and Saturday nights. This would allow the employees and customers to leave the building before the lights were turned down. Bill Barney asked what was required for lighting and Rob stated the poles are twenty feet high and the lighting is 250 watts. Hannaford has twenty-five foot pole and their lighting fixtures are 400 watts. Janet Thompson stated there is no signage proposed for the entrance and Rob stated if they had to relocate the main entryway, signage for the entrance would be acceptable. Janet also asked the applicant if there would be any storage of any boxcars or storage units and John Eidberger stated they plan to increase their service yard for normal trash and allowance to screen any recycled products. James Foster from the audience asked the Chair how many employees would be employed at Chili's and John Eidberger stated there would be approximately 100-110 employees with twenty-five employees per shift. Charles Copp moved and Michael vonOuhl seconded preliminary approval for Green Acres Partners LP, Route 67A, 24 Hannaford Square. The motion carried unanimously with Randy Maxon and Albert Ray voting. 7. OTHER BUSINESS Dan Monks stated the Planning Commission would be holding a public forum on the Commercial District Design Standards Proposed, Tuesday March 17th at 7:00 p.m. at the Bennington Fire Department. Dan also stated there are four members of the Board whose terms will be expiring on May 1, 2004. If you have any interest in serving on the Board, please submit your letters of interest to Stuart Hurd or Dan Monks before May 1st. Michael Brady also stated the public is also welcome to submit letters of interest and the members will be chosen by the Bennington Select Board. At 8:10 p.m. Barry Horst moved and Charles Copp seconded to adjoin the meeting. Respectfully submitted, Christa LeBlanc, Recording Secretary 1