DEVELOPMENT REVIEW BOARD BENNINGTON FIRE FACILITY, 3RD FLOOR 126 RIVER STREET BENNINGTON, VT 05201 MINUTES JUNE 15, 2004 BOARD MEMBERS PRESENT: Michael Brady-Chair; Barry Horst-Vice Chair; Charles Copp; Bill Barney; Bob Burgess; and Randy Maxon. ALTERNATE BOARD MEMBERS PRESENT: Albert Ray and Richard Owens. OTHERS PRESENT: Dan Monks - Planning Director; Sean Crumb; Jim Secor; Gerry Bennett; Ed Anderson; Joe Hall; Bethany Boulger; and Recording Secretary, Christa LeBlanc 1. MINUTES OF JUNE 1, 2004 Bob Burgess moved and Charles Copp seconded approval of the Minutes of June 1, 2004 with the following changes: Change line #92 to read: The existing gravel area will maintain gravel and an easement for Petricca to access their storage facility will be developed. Change line #93 to read: There will be two light fixtures to illuminate the area between the two tanks and there will be very limited illumination on the side storage area. 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: Albert Ray and Richard Owens. 5. WRITTEN DECISIONS: JC's, 135 Depot Street. The Board authorized the Chair to sign the above written decision. 6. ISABELLA'S EATERY, 351 MAIN STREET Design review of sign. Barry Horst stated the size and colors are fine and recommends approval. Bob Burgess moved and Bill Barney seconded approval for Isabella's Eatery, 351 Main Street, design review of sign. The motion carried unanimously. 7. VILLAGE SALON AND SPA, 546 MAIN STREET Design review of sign. Barry Horst stated the size and colors are fine, there is no lighting and recommends approval. Bob Burgess moved and Charles Copp seconded approval for Village Salon and Spa, 546 Main Street, design review of sign. The motion carried unanimously. 8. LM REALTY, 493 MAIN STREET Design review of sign. Barry Horst stated the HPC approved of the sign and recommends approval. Bob Burgess moved and Charles Copp seconded approval for LM Realty, 493 Main Street, design review of sign. The motion carried unanimously. 9. S.B. COLLINS, INC., 300 MAIN STREET Design review of sign and canopy. Sean Crumb stated the applicant is converting this property from Texaco to Shell. The canopies will be white with no identification printed on them, and the sign will be six feet wide and twelve feet high with external lighting. The applicant has asked for help from the town in order to meet the lighting requirements. Barry Horst moved and Bob Burgess seconded to accept as presented with one stipulation that Dan Monks work with Mr. Crump on the lights to meet requirements. The motion carried unanimously. 10. DANIEL CADIZ, PROSPECT STREET Review of two lot subdivision plat. Barry Horst stated this is a simple two lot subdivision and recommends approval. Charles Copp moved and Bob Burgess seconded to approve Daniel Cadiz, Prospect Street, review of two lot subdivision plat. The motion carried unanimously. 11. GAIL BOULGER, 818 MAIN STREET Review of development plan for personal service establishment. Barry Horst stated this is a parking lot, two employees, hours of operation will be 8:00 a.m. - 5:00 p.m., no other concerns and recommends approval. Charles Copp moved and Bob Burgess seconded approval for Gail Boulger, 818 Main Street, review of development plan for personal service establishment. The motion carried unanimously. 12. KEVIN AND PAMELA GOODHUE, 117 JEFFERSON AVENUE Review of dimensional variance request for addition to residence. Barry Horst stated this is a historic building and the applicant is proposing to remove the garage which is in violation of two setbacks and put an addition on the back of the house. Barry also stated each Board member had received the response to the variance criteria and approval is recommended. 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. Bob Burgess moved and Charles Copped seconded the approval of Kevin and Pamela Goodhue, 117 Jefferson Avenue, review of dimensional variance request for addition to residence. The motion carried unanimously. 13. STEVE EDDINGTON, 509 HARWOOD HILL Development review of petroleum bulk storage facility. Jim Secor stated there would be nineteen spruce trees planted five and six foot high along the property line, approximately three trees will be planted on Mr. Hall's property for better screening, the earth berm will extend around the corner, and the growing vegetation on the hillside will be brush hogged. Michael Brady inquired on the fire hydrant and the hours of operation and Jim Secor stated there would be a fire hydrant on the property. Gerry Bennett stated the hours of operation will be 8:00 a.m. - 4:30 p.m. including deliveries. Albert Ray commented on the riser barrier and Ed Anderson stated a concrete riser barricade and a jersey barrier would be added to protect the pipes where the trucks unload. Ed Anderson also stated the Fire Safety Analysis draft was given to the Board and the changes that were made were not available on the draft. The Fire Safety Analysis is required to be in written form, with the construction of the facility with existing codes, looks at the risks to and from the site and surrounding location, what is being done to control the property, and the ability of the fire department to assess the situation. Barry Horst asked Mr. Hall if all of his concerns had been met and Mr. Hall stated yes. At 8:03 P.M. Bob Burgess moved and Richard Owens seconded to adjourn meeting and go into Deliberative Session to discuss Steve Eddington, 509 Harwood Hill, development review of petroleum bulk storage facility. The motion carried unanimously. Respectfully submitted, Recording Secretary, Christa LeBlanc