DEVELOPMENT REVIEW BOARD BENNINGTON FIRE FACILITY, 3RD FLOOR 126 RIVER STREET BENNINGTON, VT 05201 TUESDAY, APRIL 5, 2005 MINUTES BOARD MEMBERS PRESENT: Michael Brady - Chair; Barry Horst - Vice Chairman; Randy Maxon; Charles Copp; Bill Barney; Bob Burgess; Janet Thompson; Ron Alderman; Michael vonOuhl ALTERNATE BOARD MEMBERS PRESENT: Albert Ray and Richard Owens OTHERS PRESENT: Dan Monks - Planning Administrator; Jim Secor; Michael LaCroix; Mike McDonough; John Endres; Marc Beatty; Alan Watson; Phyllis Dickinson; Charles Burgess; and Recording Secretary, Christa LeBlanc 1. MINUTES OF MARCH 15, 2005 Barry Horst moved and Randy Maxon seconded approval of the Minutes of March 15, 2005 as written. The motion carried unanimously with Michael Brady abstaining. 2. READING OF WITNESS OATH Dan Monks read the Witness Oath. 3. DISCLOSURE OF EX PARTE COMMUNICATIONS AND CONFLICTS OF INTEREST: None. 4. ALTERNATES: In the order of Richard Owens and Albert Ray. 5. WRITTEN DECISIONS: Allegro Associates, lot just north of 25 Performance Drive. 6. CITIZENS BANK, 320 MAIN STREET Design review of sign. The sign would be changed from Charter One to Citizens Bank. Barry Horst stated the HPC and Application Review Panel recommend approval. Bob Burgess moved and Charles Copp seconded approval for Citizens Bank, 320 Main Street, design review of sign. The motion carried unanimously with Richard Owens voting. 7. APPLEJACK REAL ESTATE PARTNERS, LLC, 113 DEPOT STREET, AND 184 NORTH STREET Design review of demolition of existing buildings. Barry Horst stated these buildings were not historic buildings. The HPC and the Application Review Panel recommend approval. Barry Horst moved and Bob Burgess seconded approval for Applejack Real Estate Partners, LLC, 113 Depot Street, and 184 North Street, design review of demolition of existing buildings with the condition that the property be properly maintained. 8. PATRICIA & MILTON SURDAM, 508 MAIN STREET Design plan and development plan review of new office and apartment building. Mike McDonough stated the applicant is proposing to construct a three story residential/commercial building at 508-510 Main Street. The second and third floors would consist of 2-one bedroom apartments and the first floor would be occupied by L&M Realty. The materials used for the building consist of brick masonry, 12" ship lapped siding, and single and double hung windows. There would be porches on the second and third floors of the building. The lighting will be down faced fixtures on the entrance doors in the new pedestrian walkway and the front will be illuminated by the street lights. The roof is flat and pitched to the rear for sheet flow to the existing drainage. Parking will be in the rear of the building which is owned by Bank North and the Masonic Temple. Alan Watson has concerns regarding the walkway between his building and the proposed site. He would like the non-walkway area to be grass covered and gated at both ends to keep youths out. He would also like to see an insurance certificate from the contractor to protect his property during construction. Mike McDonough suggested durable crushed stone rather than grass in the non-walkway area. Ron Alderman moved and Barry Horst seconded preliminary approval for Patricia & Milton Surdam, 508 Main Street, design plan and development plan review of new office and apartment building. The motion carried unanimously with Richard Owens voting. 9. MARC & WENDY BEATTY, 35 CLYDE STREET Sketch plan and preliminary review of three lot subdivision. John Endres stated Marc and Wendy Beatty own approximately ten acres in one lot and 2.5 acres in a separate permitted lot. They are proposing to subdivide the property into an existing homestead. There is also a one acre residential building lot with on-site septic and municipal water. Access to the lots would be the upper side of Clyde Street. The soils have been tested and there would be no problem with on-site septic systems. Charles Burgess expressed his concerns regarding children safety on the road, septic systems, and drainage issues. Phyllis Dickenson is concerned with drainage issues. The town was notified of previous drainage issues and culverts were installed. This problem has not been resolved and is concerned if more houses are built where will the water go? John Endres commented nothing should change. The soils are good for both properties and the water will not go too far from the lots. The Board expressed their concerns regarding drainage issues, is Bramley Lane an acceptable means of ingress/egress, development plan for the rest of the lot, and conditions of the road. Bill Barney moved and Ron Alderman seconded to consider this as a minor subdivision. The motion was defeated with 5 opposed and 4 in favor with Albert Ray voting. This is considered a major subdivision. Charles Copp moved and Barry Horst seconded preliminary approval of sketch plan. The motion carried unanimously. 10. ALLEGRO ASSOCIATES, PURITAN V TRUST, LOT JUST NORTH OF 25 PERFORMANCE DRIVE Request for reconsideration of decision. Charles Copp moved and Bob Burgess seconded to reopen the hearing. The motion carried unanimously. Jim Secor and Jim LaCroix asked the Board to reconsider their decision in regards to the permit. Jim Secor stated the lighting for the gate access area would be on 24 hours a day, seven days a week. The Board's main concern was the area lighting around the building itself. Periodically, but not often, there is some security issues that may arise. The applicant is requesting to change the lights from motion censor to a flood light controller. Jim LaCroix also stated in order to keep the business financially stable he would need to build one phase per year for a total of three years. Bob Burgess moved and Ron Alderman seconded to close the hearing and discuss in Deliberative Session. The motion carried unanimously with Richard Owens voting. 11. OTHER BUSINESS Permit extension request. Dan Monks stated the applicant is requesting a three year permit extension. There are no changes to the previous approved subdivision. The applicant is asking for more time to complete the project. Bill Barney moved and Bob Burgess seconded approval for the permit extension request. The motion carried unanimously with Albert Ray voting. At 8:40 P.M. the meeting was adjourned. The Board went into Deliberative Session to discuss Allegro Associates, Puritan V Trust, lot just north of 25 Performance Drive. The motion carried unanimously. Respectfully submitted, Christa LeBlanc Recording Secretary