DEVELOPMENT REVIEW BOARD
                  BENNINGTON FIRE FACILITY
               MULTI-PURPOSE ROOM – 3RD FLOOR
                      130 RIVER STREET
                 BENNINGTON, VERMONT 05201
                  TUESDAY, APRIL 19, 2005
                          MINUTES
  BOARD MEMBERS PRESENT: Barry Horst-Vice Chair; Charles Copp; Ron Alderman;   Bill Barney; Randy Maxon and Michael vonOuhl.   
  ALTERNATE BOARD MEMBERS PRESENT: Albert Ray. 
  OTHERS PRESENT: Dan Monks-Planning Director; Michael McDonough; John Endres,   Charles Oles and Nancy Lively-Secretary.
  At 7:30 PM, Barry Horst called the meeting to order.  
  1. MINUTES OF APRIL 5, 2005
  Charles Copp moved and Bill Barney seconded to approve the Minutes of April   5, 2005 amended as follows:
  Line 12 – Delete "Michael vonOuhl".
  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. ALTERNATES – VOTING ASSIGNMENTS:
       All voting.
  5. WRITTEN DECISIONS
       Michael vonOuhl moved and Charles Copp seconded to authorize the Vice-Chair to sign the Written Decision for Allegro Associates, lot just north of 25   Performance Drive.  The motion carried unanimously.
  6. PATRICIA & MILTON SURDAM, 508 MAIN STREET
       Because there were only seven board members in attendance, the Surdam's had   the option of continuing their hearing until the next meeting.  They waived this option.
       Michael McDonough explained that the Surdam's will stipulate to gating the alley   way on the west side of the building with a gate compatible to the wood trimmed   building and to surface the alley way with crushed stone to improve drainage.    Negotiations with the parcel to the north are continuing with a potentially favorable   conclusion thus making parking there under the Surdam's control.
       Ron Alderman moved and Charles Copp seconded to close the hearing on   Patricia & Milton Surdam, 508 Main Street, design plan and development plan review   of new office and apartment building, and go into deliberative session.  The motion   carried unanimously.
  7. MARC & WENDY BEATTY, 35 CLYDE STREET
       Mr. Monks distributed letters from Patrick Kinney and Lawrence Harrington that   cited drainage issue concerns.  John Endres will work with Mr. Kinney on these.  
       Mr. Endres questioned the Board's classification of this project as a major   subdivision since the application is only for a three lot subdivision and made the   following comments:
       ·    Clyde Street is a long time existing dead-end road used by at least seven houses        beyond the nearest point of development of these new lots.  
       ·    There is a town water line on Brambley Lane.
       ·    "We're taking an empty field and putting two new houses on it" without creating        any new roads or new accesses.
       ·    The Town will be dealing with the pothole issues.
       ·    This is a very rural area where sidewalks will not enhance the safety of the area.         If, however, they are required, all of the residents of Clyde Street should split the        cost.  
       ·    Driveways would be on the upper side of Clyde Street.
  Michael vonOuhl moved and Charles Copp seconded for a continuance to address   the drainage issues on the Marc & Wendy Beatty, 35 Clyde Street, sketch plan and   preliminary review of three lot subdivision.
  The Board will make a site visit at the property on May 3, 2005 at 7:00 P.M.
  Charles Oles requested copies of the Kinney and Harrington letters, and Mr. Monks   will get them to him.
  The motion carried unanimously.
  8. OTHER BUSINESS
     Mr. Ray asked when Applejack will be redesigning their fence and Mr. Monks   answered they were to get the plans to the Town last week.
     At 7:52 P.M., Ron Alderman moved and Charles Copp seconded to go into   Deliberative Session for Patricia and Milton Surdam, 508 Main Street.  The motion   carried unanimously.
  Respectively submitted,
  Nancy H. Lively
  Secretary