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

MINUTES

AUGUST 17, 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:  Albert Ray and Richard Owens.

OTHERS PRESENT:  Dan Monks - Planning Director; John Carpenter; and Recording Secretary, Christa LeBlanc 

1. MINUTES OF AUGUST 3, 2004	
Bob Burgess moved and Barry Horst seconded approval of the Minutes of August 3, 2004 amended as follows:
Change line# 15 and #54 from "Jane Outwater" to "Jayne Outwater"
Change line# 16 from "Mary Mifuqua" to "Mary Fuqua"
Change line# 32 from "16X6" to "16X16"
Change line# 75 from "silk" to "silt"
			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 Albert Ray and Richard Owens
	
5. WRITTEN DECISIONS:
	Tractor Supply, 300 Depot Street 
		The Board authorized the Chair to sign the above written decision.
		
6.  TILLERMAN INC., KNAPP'S PETS & HOBBIES, 198 NORTH STREET
	Request for reconsideration of Development Review Board Decision.
		Barry Horst moved and Bill Barney seconded to reconsider the Development Review Board's Decision. 
		The motion carried five in favor and four opposed.
	



		Janet Thompson moved and Bob Burgess seconded approval for a continuance, for Tillerman Inc., Knapp's Pets & Hobbies, 198 North Street, request for reconsideration of Development Review Board Decision.
		The motion carried unanimously. 

7.  DAVID AND DONNA ALEXANDER, 116 PROSPECT STREET
	Review of variance request for addition.  Barry Horst stated the applicant is seeking an 11' variance to enclose an existing deck with no other changes and recommends approval.
Ron Alderman moved and Charles Copp seconded approval for David and Donna Alexander, 116 Prospect Street, review 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.  

8.  ALLEGRO ASSOCIATES AND CONTEMPORARY PARTNERS, 50 KOCHER DRIVE
	Request for continuance.
	   Barry Horst moved and Charles Copp seconded to approve the applicant's request for a continuance.    
                          The motion carried unanimously.  
                         
9.  JOHN AND SYLVIA CARPENTER, 115 COUNTY STREET
Development plan review of storage buildings.  John Carpenter stated the distance between the drive and trees on County Street is approximately 18'.
Bob Burgess moved and Charles Copp seconded to close the hearing and discuss in Deliberative Session.    
The motion carried unanimously.

10.  SUBURBAN PROPANE, 473 MORSE ROAD
Request for continuance.
Barry Horst moved and Charles Copp seconded to approve the applicant's request for a continuance.  
	The motion carried unanimously.
	
11.  OTHER
	None.


At 7:43 p.m. Charles Copp moved and Barry Horst seconded to adjourn the meeting and go into Deliberative Session to discuss John and Sylvia Carpenter, 115 County Street, development plan review of storage buildings.
		The motion carried unanimously.

Respectfully submitted,



Recording Secretary, Christa LeBlanc