DEVELOPMENT REVIEW BOARD
BENNINGTON FIRE FACILITY, 3RD FLOOR
126 RIVER STREET
BENNINGTON, VT 05201

MINUTES

JUNE 1, 2004

BOARD MEMBERS PRESENT:  Michael Brady-Chair; Barry Horst-Vice Chair; Janet Thompson; Ron Alderman; Bill Barney; Bob Burgess; Michael vonOuhl; and Randy Maxon.

ALTERNATE BOARD MEMBERS PRESENT:  Richard Owens and Albert Ray.

OTHERS PRESENT:  Dan Monks - Planning Director; Jim Secor; Gerry Bennett; TJ Carmody; Joe Hall; and Recording Secretary, Christa LeBlanc 

1. MINUTES OF MAY 18, 2004	
Bob Burgess moved and Barry Horst seconded approval of the Minutes of May 18, 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:
Ron Alderman recused himself from #6, S.B. Collins, Inc., 300 Main Street.

4. ALTERNATE VOTING MEMBERS:  In the order of Richard Owens and Albert Ray.
	
5. WRITTEN DECISIONS:
	Wal-Mart, 210 Northside Drive.  Dan Monks stated the application was denied for safety and access reasons.
		The Board authorized the Chair to sign the above written decision.

6.  S.B. COLLINS, INC., 300 MAIN STREET
	Request for continuance.
			Barry Horst moved and Bob Burgess seconded approval for continuance for S.B. Collins, Inc., 300 Main Street.
			The motion carried unanimously with Richard Owens voting.

7.  RACHEL AND TIM PAYNE, 301 ELM STREET
	Review of dimensional variance request for addition to residence.  Barry Horst stated the Application Review Panel had no problems and recommends approval.
		Bob Burgess moved and Charles Copp seconded approval for Rachel and Tim Payne, 301 Elm Street, review of dimensional variance request for addition to residence.
			


The Five Facts were voted on to grant the variance:
Fact #1	 The hardship must be created by the unique physical circumstances or conditions peculiar to the particular property.
Fact #2	Because of these circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the municipal zoning regulations.
Fact #3	The hardship has not been created by the applicant.
Fact #4	The variance requested will not alter the essential character of the neighborhood.
Fact #5	The variance requested is the minimum variance necessary to afford relief.
		The motion carried unanimously.

8.  CHARLES AND SUZANNE WATSON, 198 NORTH STREET
	Development review of retail, recreation/indoor and theater use.  Barry Horst stated there are no site changes being proposed.  The applicant is proposing to have a pet/hobby shop on the first floor and scheduled events on the second floor after business hours.  
		Ron Alderman moved and Charles Copp seconded approval for Charles and Suzanne Watson, 198 North Street, development review of retail, recreation/indoor and theater use.	
			The motion carried unanimously.  

9.  TOWN OF BENNINGTON, BENNINGTON ROTARY CLUB, WILLOW PARK
	Development review of new pavilion.  Barry Horst stated the utilities are underground, no exterior lighting, there is water but no plans for lavatories and recommends approval.
Bob Burgess moved and Randy Maxon seconded approval for Town of Bennington, Bennington Rotary Club, Willow Park, development review of new pavilion.
			The motion carried unanimously.  

10.  CARJO INC., JC'S, 135 DEPOT STREET
	Review of development and design plan for addition to restaurant.  Jim Secor stated he had spoken with Pat Kinney and there is no storm water drain on Depot Street next to this property.  Jim commented that the applicant has not had any problems with drainage in the past.
	TJ Carmody stated he had spoken with the Chief of Police regarding the noise issues and will be addressing these concerns in-house.
		Bob Burgess moved and Charles Copp seconded to close the hearing and discuss in Deliberative Session.
			The motion carried unanimously.

11. STEVE EDDINGTON, 509 HARWOOD HILL
	Development review of petroleum bulk storage facility.  Jim Secor stated the applicant is proposing to install two 30,000 gallon bulk storage tanks, an eight foot fenced enclosure, install two berms to shield area with the berms being a half foot higher than the top of the tanks.   There are two pipes, one on each tank with a four-inch stack that will be painted a dark green and the tanks will be painted a light gray.  There are also three parking facilities for the distribution trucks.
	Jim also stated there are thirty-three white pine trees scattered along the property line in three rows, nine trees along the side in two rows, and six smaller spruce trees will be planted to soften the berm.  There will also be a stone base to help stop vegetation growth under the tanks, storm drainage to the main swale along Route 7 and a smaller swale drainage along the Petricca property.  The gravel area will maintain gravel and an easement for Petricca to access their storage facility.  The two light fixtures will be illuminated between the two tanks and very limited illumination on the side storage area.  
	The Board expressed their concerns regarding the Fire Safety Analysis, the odor from the tanks, storage in the fenced enclosure, and the lighting spilling on to the adjacent properties.
	Jim stated the Fire Safety Analysis should be completed by the next meeting, the smaller tanks would be stored in the fenced enclosure, and feels the lighting would not spill on the adjacent properties.  Gerry Bennett stated there is a release from the tanks but dissipates in seconds.  The odor is harmless.  Jim also commented that the fire hydrant would be moved across Route 7A to the proposed site and there will also be training with the local fire departments.
	Joe Hall stated he owns property adjacent to the proposed site and it is his understanding when Steve Eddington purchased this property there was a condition in his deed there would be three rows of spruce trees and asked if any of the trees were missing or had died could be replaced.  Mr. Hall is concerned that the berm is only on one side and feels that he is at a higher elevation he would see the tanks during the winter when the trees lose their leaves.  In a meeting with Jim Secor and Jack Appleman it was agreed the grass would be mowed so the seedlings and evergreens would be able to grow and as the trees die they would be replaced.  
	The Board asked Jim for elevation shots from Mr. Hall's property, concerns regarding safety, the hours of business, rows of trees, the odor from the tanks, lighting, and Industry Standards.
		Bob Burgess moved and Michael vonOuhl seconded approval for a continuance for Steve Eddington, 509 Harwood Hill, development review of petroleum bulk storage tanks.
			The motion carried unanimously.

12.  OTHER BUSINESS
	Bob Burgess asked if he could be replaced on the Application Review Panel.  Michael Brady asked if anyone from the Board was interested or had any suggestions.  Bill Barney and Randy Maxon suggested doing a three month rotation and changing the time of the meeting.  Michael will attend the next meeting until other options have been considered.
At 8:26 P.M. Bob Burgess moved and Charles Copp seconded to adjourn meeting and go into Deliberative Session to discuss Carjo, Inc., JC's, 135 Depot Street, review of development and design plan for addition to restaurant.
The motion carried unanimously.

Respectfully submitted,

Recording Secretary, Christa LeBlanc