DEVELOPMENT REVIEW BOARD BENNINGTON FIRE DEPARTMENT, 3RD FLOOR 126 RIVER STREET BENNINGTON, VT 05201 MINUTES APRIL 20, 2004 BOARD MEMBERS PRESENT: Michael Brady-Chair, Barry Horst, Bill Barney, Janet Thompson, Ron Alderman, Charles Copp, and Bob Burgess. ALTERNATE BOARD MEMBERS PRESENT: Randy Maxon, Albert Ray, and Andrew Anderson. OTHERS PRESENT: Dan Monks-Planning Director, Rick Pembroke, Tom Quinn, Jim Secor, John Austin, and Recording Secretary, Christa LeBlanc. 1. MINUTES OF APRIL 6, 2004 Bob Burgess moved and Charles Copp seconded approval of the Minutes of April 6, 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: All members voting. 5. MOUNT ANTHONY UNION DISTRICT #14, MOUNT ANTHONY MIDDLE SCHOOL, EAST ROAD Review of request to amend start and release times. Rick Pembroke stated there was an error with the original request to start school at 8:20 a.m. and release the students at 2:47 p.m. The problem with these times would conflict with shift changes with NSK and Vermont Composites. The school is requesting to amend the start time to 7:30 a.m. and release time to 2:30 p.m. The Board expressed their concerns regarding the traffic due to the increase in buses, in what areas would the buses be traveling from, the bus schedules for picking up students, and how would this affect the traffic for the industrial sites in that area. Rick Pembroke stated the schools are permitted for sixteen buses both used for the high school and middle school. If their request was denied, the middle school would need eighteen buses of their own. If their request is approved, twenty buses will be needed for both the high school and middle school. The buses will be traveling to Bennington, North Bennington, Shaftsbury, Pownal, and Woodford. The bus schedules for pickups will depend on where you live. Rick Pembroke also felt the faculty would arrive to school thirty to forty-five minutes earlier than the buses and traffic would be more staggered and would not cause any conflicts with the industrial site traffic. Randy Maxon asked the applicant if traffic studies had been completed regarding the high school and the Kocher Drive intersection, and Rick stated yes. Dan Monks commented the study done by the School Board would take into account the traffic from the high school. Bob Burgess stated the traffic study was poor and feels additional information is needed before recommending approval. Mike stated the intersection has always been a problem and the town will be repairing the lights and the sidewalks, which will help alleviate some of the blockage. Mike is asking the Board to support Mr. Pembroke in keeping with the times he has proposed because it will save money on extra buses if kept the way it is now. Mike is also asking the Board to consider this proposal or give a tentative okay with the option from the Development Review Board stating this is not working and will have to review the situation. Ron Alderman moved and Andrew Anderson seconded approval of Mount Anthony Union District #14 Mount Anthony Middle School, East Road, review of request to amend start and release times. The motion carried seven in favor and two opposed. 6. APPLEJACK DEVELOPMENT, LLC, 210 SOUTH STREET Review of development plan for parking lot. Tom Quinn explained what exist right now, beside the building, is a partial gravel, partial paved parking lot on the north side that was used as a truck loading zone. Behind the building to the east, there is a small parking area, and the rest of the site is a rapidly ascending hill that goes up approximately twenty feet from Union Street to Hillside Road. There are two abutting properties one being Mr. Austin and the other Ms. Ackerman. Ms. Ackerman inquired on the applicant's intentions and Tom Quinn stated the intentions are to close an existing curb cut at the present partial parking lot, build a little pocket park, and curb it in and to pave an eight-space parking lot. Those parking spacing in front of the new entrance are essentially used for visitor and handicapped parking. The next step would be to create a new eighty-seven space parking lot. In order to create this parking lot, the overburden must be removed. The entrance to the parking lot is at the western end, and the parking lot is going to have its existing grade adjacent to Union Street and slope up hill approximately ten feet, which is a five percent grade, and is acceptable for the type of parking. The southeast corner of the parking lot is also ten feet below Hillside Road. On the south side of the parking lot there will be a vertical ledge that will run approximately nine to ten feet and one edge four to five feet. That vertical ledge will take up the fair share of ten feet and will be able to grade from the sidewalk down to the top of the ledge. This will require building a strong retaining wall next to Mr. Austin's garage. There is a concrete retaining wall on the northeast corner and blasted ledge wall that extends along Union Street and will remain and the new parking lot will be up in the height of that existing retaining wall. The parking lot will be five feet above the road and gradually meet the road. Tom also stated there are a number of trees that occur right in the property line between Mr. Appleman's property and Ms. Ackerman's. Those trees vary in size from six to fourteen inches that will remain and add a six-foot high arborvitae hedge to block activity from her. There are also three trees that vary in size from twelve to eighteen inches and the largest one occurs right behind the area that would make this plan work. Mr. Austin would like the trees to be saved; and the applicant wants the trees to be removed and replaced with hedges. Along Hillside Road approximately fifty feet back, there is a wooden fence being installed and that fence is a series of 8X8 with posts, two heavy 4X12 timber and 4X8 timber to keep anyone from walking off Hillside Road and falling into the parking lot. This fence travels the entire length of the property where there is more than a three to six feet drop. Tom stated in order to meet the photometric requirements the site lights have been extended from the foundation two feet above the ground. With the change in grade from the parking lot to Mr. Austin's property the light will come off the bank and shine on his property. Barry Horst stated the Application Review Panel had met with the applicant and discussed drainage, lighting and parking and had no real issues. Janet Thompson asked if there was any consideration of pedestrian traffic coming from the parking lot on to Hillside Street and Tom stated no. Andrew Anderson inquired on the timber wall and Tom stated this is a forty-two inch fence and meets the requirements of the Vermont Department of Labor and Industry. Andrew also asked if someone could climb over the fence and Tom stated yes, the fence is at a gradual pitch and the center would be a six-foot drop. Bill Barney also commented on the fence and feels something else is needed to keep people from climbing over the fence. Tom stated a condition could be considered for the fence that is pleasant looking and keep people from climbing the fence. Barry Horst asked what height is the vertical drop off when you get next to the building and Tom stated there is currently a retaining wall and it is approximately eight feet from the top to the ground. Janet Thompson inquired on the Hillside Street sidewalk and entrance and Tom stated the existing entrance will become nonexistent and there is no need for any foot traffic. Jim Secor explained the drainage system with the drawings and feels the problem they may have is a small failure, .01 in cubic feet per ten-fifteen minute increments. Jim also commented they have alleviated all the adverse impacts on the town. Albert Ray added, at times there is a lot of water on South Street in front of the Town Office and Jim stated there is a main catch basin system in the town office which has a substantial pipe system with a thirty foot pipe going into the river and will take more than enough discharge. Jim also stated a survey of the property was done a few years ago and the survey stakes that were put in for the ledge removal have super imposed on the property line and super imposed the tree crown. The tree crown also represents the exposed roots towards the parking lot. Tom Quinn stated there is a planting schedule on the drawing showing types, quantities, and the size of the plantings. There are specific requirements regarding the frontage and the applicant has accomplished this. It is also required to have hedges or some sort of fence to block the parking lot from the traveled ways. The balance of the site will be done in low evergreens and deciduous. Dan Monks commented that the applicant meets the requirements for the plantings. Ron Alderman inquired on the crown and root system and noted the roots go out into the parking lot and if you left the trees where they are you would be cutting the roots off and Tom Quinn stated the applicant planned to take these trees down to gain six parking spaces. Barry Horst stated there is seven feet before you hit ledge and for a tree that size it would have strained support because it needs all that parking lot to hold itself up. Barry cannot see saving these trees. Michael Brady asked the applicant if the number of parking spots meet the requirements of this Board and Tom stated no. Tom stated the applicant is providing ninety-five spaces. Barry Horst inquired on the sidewalk on Union Street and asked if there would be any changes and Jim Secor stated there would be no changes. Janet Thompson asked if there would be any dumpster on this site and Tom Quinn stated the dumpsters would be stored inside the building. Janet also asked if the new tanks that will be buried adjacent on Hillside Street will be bollard and Tom stated there are bollards on each tank and a current tank that is being moved back will also have bollards. Michael Brady inquired on the lighting and noted as far as lights spilling from the parking lot on to the adjacent properties, the lighting would not disturb the buildings. Tom stated the Ackerman property is much higher and the lights would spill into the retaining wall and Mr. Austin's property the grade change it is approximately two feet and six-foot arborvitae would be planted across the whole section of the house. Janet also asked if there would be any intentions for directional signage in the parking lot and Tom stated yes there would be signage on the ground showing the flow of traffic. John Austin distributed letters to the Board he had written to the applicant regarding his property next door to Union Street. Mr. Austin expressed his concerns regarding the maple trees that were on the property line and their survival. Mr. Austin feels the trees provide for a noise pollution barrier from the parking lot and a site pollution barrier of a ninety-car lot. Mr. Austin also requests that the plan be modified to provide a minimum of an eight-foot privacy fence to the entire length of the property line between the two properties. This fence should be constructed in such a fashion to provide one hundred percent protection against vehicle lights, site lighting, provide a noise pollution barrier, and dust control from the lot. Tom Quinn commented that the arborvitae trees would provide a light, noise, and dust barrier on Mr. Austin's property. Bob Burgess moved and Barry seconded to close the hearing and discuss further in Deliberative Session. The motion carried unanimously with Al Ray and Andrew Anderson voting. 7. JAMES C. JEROME, 220 BENMONT AVENUE Request for continuance Bob Burgess moved and Barry Horst seconded approval for continuance. The motion carried unanimously. 8. GREEN ACRES PARTNERS, LP ROUTE 67A, 24 HANNAFORD SQUARE Request for continuance. Bob Burgess moved and Barry Horst seconded approval for continuance. The motion carried unanimously. 9. OTHER BUSINESS None. At 9:00 P.M. Bob Burgess moved and Charles Copp seconded to adjourn the meeting and go into Deliberative Session to discuss Applejack Development, LLC, 210 South Street, review of development plan for parking lot. The motion carried unanimously. Respectfully submitted, Christa LeBlanc Recording Secretary