DEVELOPMENT REVIEW BOARD BENNINGTON FIRE FACILITY, 3RD FLOOR 126 RIVER STREET BENNINGTON, VT 05201 MINUTES AUGUST 3, 2004 BOARD MEMBERS PRESENT: Michael Brady-Chair; Barry Horst-Vice Chair; Janet Thompson; Ron Alderman; Bill Barney; Bob Burgess; Michael vonOuhl; Charles Copp; and Randy Maxon. ALTERNATE BOARD MEMBERS PRESENT: Andrew Anderson and Albert Ray. OTHERS PRESENT: Dan Monks - Planning Director; Jane Outwater; Duffy Outwater; Tim Taylor; John Endres; Sherry Pembroke; Mary MiFuqua; and Recording Secretary, Christa LeBlanc 1. MINUTES OF JULY 20, 2004 Bob Burgess moved and Andrew Anderson seconded approval of the Minutes of July 20, 2004 amended as follows: Change line #21 from 12" to 13 3/4 acres. 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: Andrew Anderson and Albert Ray present. 5. DIXIE WATSON, 7 CAROLINE DRIVE Review of variance request for addition. Barry Horst stated the addition will be 16' X 6' with a 10' X 12' deck. Barry also stated the variance is needed for the garage and recommends approval. Bob Burgess moved and Michael vonOuhl seconded approval of variance request for addition. 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. 6. TILLERMAN INC., KNAPP'S PETS & HOBBIES, 198 NORTH STREET Design review of exterior changes to façade and new sign. Barry stated the sign has been reviewed and recommends approval. Ron Alderman moved and Charles Copp seconded approval for Tillerman Inc., Knapp's Pets & Hobbies, 198 North Street, design review of sign. The motion carried unanimously. Jane Outwater explained that the HPC was not in favor of the shutters but feels they are for decorative purposes and hopes to draw in more customers to the store. The shutters will be on the first and second floors in front of the building and the first floor on River Street. Barry Horst inquired on the façade and Duffy Outwater stated if the materials can be repaired he will use the existing material and if it is in disrepair, he would come back to this Board and present any changes. Bob Burgess moved and Michael vonOuhl seconded approval for Tillerman Inc., Knapp's Pets & Hobbies, 198 North Street, design review of exterior changes to façade. The motion carried unanimously. 7. NEW ENGLAND TROPICAL CONSERVATORY, US ROUTE 7 SOUTH Development plan review of parking lot. Barry Horst stated the plan is for a parking lot. The applicant will grass in all existing gravel pull offs, curb cut the drive for parking, and no plan for lights or any structures. Michael vonOuhl moved and Charles Copp seconded approval for New England Tropical Conservatory, US Route 7 South, development plan review of parking lot. The motion carried unanimously. 8. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, 300 DEPOT STREET Development plan review of site improvements to existing retail site and new outdoor display area. Tim Taylor submitted a color sample to the Board for the strip around the building and commented on the drainage issues. Tim explained because this area has been unused, 10' X 40' of silk has built up on the edges causing it to dam up. Tim feels once this area has been cleaned it should take care of the drainage issues. Charles Copp commented on the pylon sign and because it is under the power lines, he would recommend moving the sign. Bob Burgess moved and Ron Alderman seconded to close the hearing and discuss in Deliberative Session. The motion carried unanimously. 9. JOHN AND SYLVIA CARPENTER, 115 COUNTY STREET Development plan review of storage buildings. John Carpenter stated he is proposing two 20' X 100' storage buildings, colors will be rustic red with white satin trim, and all entrances will be facing the parking area, no additional lighting, and no dumpster on site. Randy Maxon expressed his concerns regarding the distance between the drive and the trees on County Street and asked for a definite distance before final approval. Bob Burgess moved and Charles Copp seconded preliminary approval for John and Sylvia Carpenter, development plan review of storage building. The motion carried unanimously. 10. SUBURBAN PROPANE, 473 MORSE ROAD Development plan review of petroleum bulk storage facility. John Endres stated the applicant is proposing to install two 30,000 and one 20,000 gallon bulk storage tanks. The tanks will hold diesel fuel, heating oil, off road diesel, and kerosene. There will be canopies with lights in front of the tanks for tractor trailers to load and unload into the bulk tanks. The tanks will also be diked with concrete. John also stated the applicant has a verbal approval for the flood plan and has made an inquiry to the Agency of Natural Resources regarding the wetlands. Barry Horst asked if there would be any trucks coming in at night and are there any storage trailers on site? Sherry Pembroke stated the trucks could come at anytime but would not have any more than two trucks per night for approximately twenty minutes to load. Sherry also stated there is a storage trailer on site for storing files. Dan Monks commented the trailer must be removed from the site before final approval. Janet Thompson inquired on storage of smaller tanks and John Endres stated there would be new and used 1,000 - 5,000 gallon tanks stored on the property along the fence. Bob Burgess moved and Randy Maxon seconded preliminary approval for Suburban Propane, 473 Morse Road, development plan review of petroleum bulk storage facility subject to Labor and Industry approval. The motion carried unanimously. John Endres stated the site plan shows additional trees and the applicant will not be adding these to this site. Michael Brady stated the applicant could file a variance with this Board to have the trees removed from the site plan or present his concerns to the Planning Commission. 11. SOUTHERN VERMONT COLLEGE, 982 MANSION ROAD Request for one year extension of previously granted permit for dormitory. Dan Monks stated this is the same site plan with no changes. Bob Burgess moved and Barry Horst seconded approval for Southern Vermont College, 982 Mansion Road, request for one year extension of previously granted permit for dormitory. The motion carried unanimously. 12. OTHER BUSINESS Dan Monks commented on the Dermody Subdivision, 260 Dermody Road and asked the Board to deny without prejudice. Barry Horst moved and Bob Burgess seconded to deny Dermody Subdivision, 260 Dermody Road without prejudice. The motion carried unanimously. Dan Monks also commented on the sign at the Dog's Breath and felt it was in compliance. Bob Burgess stated there is a certain resident from Ravenwood Estates, who has been in violation for two years, has not taken care of any items that must be done to the trailer. At 8:21 p.m. Charles Copp moved and Barry Horst seconded to adjourn the meeting and go into Deliberative Session to discuss the Guardian Life Insurance Company of America, 300 Depot Street, development plan review of site improvements to existing retail site and new outdoor display area. The motion carried unanimously. Respectfully submitted, Recording Secretary, Christa LeBlanc