DEVELOPMENT REVIEW BOARD BENNINGTON FIRE FACILITY, 3RD FLOOR 126 RIVER STREET BENNINGTON, VT 05201 MINUTES SEPTEMBER 7, 2004 BOARD MEMBERS PRESENT: Michael Brady-Chair; Barry Horst-Vice Chair; Janet Thompson; Ron Alderman; Bill Barney; Bob Burgess; Charles Copp; and Randy Maxon. ALTERNATE BOARD MEMBERS PRESENT: Albert Ray; Andrew Anderson; and Richard Owens. OTHERS PRESENT: Dan Monks - Planning Director; Virginia Haseman; Meg Campbell; William Colvin; Duffy Outwater; Jayne Outwater; Gary Corey; and Recording Secretary, Christa LeBlanc 1. MINUTES OF AUGUST 17, 2004 Charles Copp moved and Barry Horst seconded approval of the Minutes of August 17, 2004. 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; Andrew Anderson; and Richard Owens 5. WRITTEN DECISIONS: John Carpenter, 115 County Street The Board authorized the Chair to sign the above written decision. 6. GLENN AND VIRGINIA HASEMAN, 882 MATTESON ROAD Review of variance request for garage. Michael Brady stated in order to grant the variance the Five Facts must be voted on. 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 Five Facts were voted on and the variance request for a garage was denied. 7. ESTATE OF RUTH HOLDEN, 58 MOUNT ANTHONY ROAD Final subdivision review of two-lot subdivision. Barry Horst stated the Application Review Panel had no problems and recommends approval. Barry Horst moved and Charles Copp seconded approval of the Estate of Ruth Holden, 58 Mount Anthony Road, final subdivision review of two-lot subdivision. The motion carried unanimously with Richard Owens and Albert Ray voting. 8. TILLERMAN INC., KNAPP'S PETS AND HOBBIES, 198 NORTH STREET Reconsideration of Development Review Board decision. Meg Campbell, Chair of the Historic Preservation Commission stated they are concerned with the specific method of drawing attention to this building with vinyl shutters. Meg referred to a letter she wrote that was submitted to the Board commenting why the Historic Preservation feels the way they do. The Commission feels the shutters on this building would create a false sense of historic appearance, it compromises the distinctive features of the building, and destroys the historic pattern of the building. Meg asked the Board to encourage or require the owners of the building to explore other areas. The Historic Preservation Commission would like to encourage the applicant to use the Design Assistance Program for other possibilities that would not destroy the building and are willing to waive their application fee. The Commission is also concerned if this application is approved it sets a precedent in the community that any property owner could put vinyl shutters on a historic building and this could cause a serious compromise to the downtown area. Meg also commented on the historic preservation work that has been happening in the community for the last fifteen years and that Bennington has been chosen the site for the annual statewide Historic Preservation Conference next May. There will be approximately three hundred people coming to our downtown. William Colvin, Secretary of the Historic Preservation Commission, stated he has worked with the Outwater's and the Select Board to approve a loan application to assist with this project. William strongly supports the Commission with regard to encouraging the Outwaters to use the Design Assistance Program. This program would give the Outwaters different options to draw attention to this structure in a more appropriate historic manner. William also commented that this building is identified as one of the three most important on North Street. Duffy Outwater stated he is not making any permanent changes to this structure and have priced awnings and banners. The window treatments will be painted but feels more attention is needed to get the business successful. Jayne Outwater stated they did alter the plans for the façade of the building to be more historically authentic and is trying to work with the Historic Preservation Commission. Jayne views the shutters as a decoration not something that is altering the historic nature of the building. The Historic Preservation Commission disagrees with the shutters but that for us is the most efficient, financially, in terms of work to bring the color and attention to the building. Duffy Outwater stated he is hoping to open the business the first part of November and to be open for Black Friday. If we are not open for this day it could financially hurt them. Barry Horst moved and Bill Barney seconded approval to go to a closed deliberative session. The motion carried eight to one with Andrew Anderson and Richard Owens voting. 9. SUBURBAN PROPANE, 473 MORSE ROAD Development plan review of petroleum bulk storage facility. Dan Monks stated the applicant has requested a continuance. Barry Horst moved and Charles Copp seconded approval for a continuance. The motion carried unanimously with Albert Ray voting. 10. KIRIT & SONAL PATEL, MIDTOWN MOTEL, 105 MAIN STREET Review of development plan and expansion of non-conforming motel use for 16 unit expansion of existing motel. Gary Corey stated the applicant will be removing four units and constructing a sixteen unit expansion. There will be eight units on the upper level and eight units on the lower level. The applicant also feels this would create a better traffic pattern. The Board expressed their concerns and asked Mr. Corey to rework the handicapped parking. Barry Horst moved and Andrew Anderson seconded preliminary approval for Kirit & Sonal Patel, Midtown Motel, 105 Main Street, review of development plan and expansion of non-conforming motel use for 16 unit expansion of existing motel. The motion carried unanimously. 11. ALLERGRO ASSOCIATES & CONTEMPORARY PARTNERS, 50 KOCHER DRIVE Request for continuance. Barry Horst moved and Richard Owens seconded approval for a continuance. The motion carried unanimously. 12. OTHER BUSINESS None. At 8:47 p.m. Charles Copp moved and Barry Horst seconded to adjourn the meeting and go into Deliberative Session to discuss Tillerman, Inc, Knapp's Pets and Hobbies, 198 North Street, reconsideration of Development Review Board decision. The motion carried unanimously. Respectfully submitted, Recording Secretary, Christa LeBlanc