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

MINUTES

DECEMBER 21, 2004

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

ALTERNATE BOARD MEMBERS PRESENT:  Albert Ray

OTHERS PRESENT:  Dan Monks - Planning Director; John Endres; Jamie Jerome; Dave Mance; Bruce Laumeister; and Recording Secretary, Christa LeBlanc.

1.  MINUTES OF DECEMBER 7, 2004
	Barry Horst moved and Charles Copp seconded approval of the Minutes of 
December 7, 2004 as written.
		The motion carried unanimously with Michael vonOuhl and Bob Burgess abstaining.

2.  READING OF THE WITNESS OATH:  Dan Monks read the Witness Oath.

3.  DISCLOSURE OF EXPARTE COMMUNICATIONS AND CONFLICTS OF INTEREST:
	None.

4.  ALTERNATE VOTING MEMBERS:  Albert Ray present.

5.  CHARLES G. HARTE AGENCY INC., 400 - 418 MAIN STREET
	Review of two lot subdivision plan.  Dan Monks stated this is the second of two required meetings.
		Ron Alderman moved and Bob Burgess seconded approval for Charles G. Harte Agency Inc., 400 - 418 Main Street, review of two lot subdivision.
			The motion carried unanimously.

6.  ARMORY PACIFIC LLC, BENMONT AVENUE (FORMER BENMONT MILL SITE)
	Preliminary review of three lot subdivision.  Dave Mance stated the mill has been taken down and the owners would like to divide into three parcels.   The plan shows a proposed fifty foot right of way and all access would be on the interior road.  There is also a proposed future roadway shown that will go through the town's property to access Vermont Route 7.  Dave also mentioned there is a small stream that ran through the mill.  This stream is now open and the rest is in culverts underground.  The applicant plans to pipe the stream through the right of way.  Dave stated the State may have some issues regarding the stream and if so, the applicant would propose to shift the north entrance to the south.  
	The Board expressed their concerns regarding the stream and the proposed future roadway.  The Board asked that the proposed future roadway be removed from the plan.  Dave Mance will change the wording to a possible future roadway.
	Bruce Laumeister stated he has had problems with the brook since the mill came down.  The flow of the brook has increased under his factory store and is concerned that his foundation will start to deteriorate.  Michael Brady commented that changes to the brook would be done when development plans are introduced.
		Michael vonOuhl moved and Randy Maxon seconded preliminary approval for Armory Pacific, LLC, Benmont Avenue, preliminary review of three lot subdivision.
			The motion carried eight in favor and one abstention.

7.  JEROME RENTAL ENTERPRISES, INC. 1545 WEST ROAD
	Review of proposed use.  Jamie Jerome asked the Board to make a determination that the pre-existing use of this facility and property is consistent with the proposed use.  The proposed use is to operate a portion of Jerome Construction out of the former cooler and maintenance garage area.  There will be offices, dispatch, daily operations, vehicle storage, equipment storage, and support equipment on the premises.  Jamie feels the use is consistent with the former use and is far less invasive to the neighborhood.  Jamie also stated there would be no fencing, would landscape the front, and the backyard is paved with some gravel areas.
	Jamie also stated Garelick Farms was a dairy processing plant that had a distribution center which consisted of approximately eighty trucks.  There was trailer storage, truck parking, truck loading and fueling areas.  They also had two yards that ran twenty-four hours a day, seven days a week.  Jamie commented that he would be using the yard in the same fashion but with much less impact.  
		Barry Horst moved and Ron Alderman seconded approval to continue nonconforming use.
			The motion carried unanimously.

8.  OTHER BUSINESS
	No other business.

		At 8:10 p.m. Charles Copp moved and Albert Ray seconded to adjourn the meeting.
			The motion carried unanimously.