DEVELOPMENT REVIEW BOARD BENNINGTON FIRE FACILITY MULTI-PURPOSE ROOM - 3RD FLOOR 130 RIVER STREET BENNINGTON, VT 05201 MAY 3, 2005 MINUTES BOARD MEMBERS PRESENT: Michael Brady-Chair; Barry Horst-Vice Chairman; Randy Maxon; Albert Ray; Charles Copp; Bill Barney; and Michael vonOuhl. ALTERNATE BOARD MEMBERS PRESENT: Richard Owens and Eugene Rowley OTHERS PRESENT: Dan Monks-Planning Administrator; John Endres; Roland Smith; Jamie Carey; Lawrence Harrington; and Recording Secretary, Christa LeBlanc 1. MINUTES OF APRIL 19, 2005 Barry Horst moved and Charles Copp seconded to approve the Minutes of April 19, 2005 as written. The motion carried unanimously. 2. READING OF WITNESS' OATH Dan Monks read the Witness Oath. 3. DISCLOSURE OF EXPARTE COMMUNICATIONS & CONFLICTS OF INTEREST None. 4. ALTERNATES - VOTING ASSIGNMENTS In the order of Richard Owens and Eugene Rowley. 5. WRITTEN DECISIONS Patricia & Milton Surdam, 508 Main Street. The Board authorized the Chair to sign the above written decision. 6. JAMES CAREY, 233 UNION STREET Design plan review of vinyl siding. Barry Horst stated the HPC did not support the design plan and the Application Review Panel recommended a full hearing. Michael vonOuhl moved and Richard Owens seconded approval for a continuance. The motion carried unanimously. Barry Horst moved and Charles Copp seconded to reopen the hearing. The motion carried unanimously. Jamie Carey stated the house is rotting in many areas and the paint is peeling. The best way to preserve the house would be vinyl siding and metal. There would be no changes to the front of the house. Barry Horst moved and Richard Owens seconded to approve the vinyl siding with the trim remaining wood or a composite material. There is also a stipulation that if anything is encountered that will change the appearance of the house must come back to this Board for approval. The motion carried unanimously. 7. ROLAND SMITH, SILK ROAD AND CARDINAL LANE Sketch plan and final review of two lot subdivision. Barry Horst stated there were some minor issues regarding the sketch plan and the Application Review Panel recommended a full hearing. Barry also stated there were discrepancies on two of the plans regarding lot 2's primary and backup septic, the wetlands are not noted on the plans, where are the driveways located especially on lot two, and the proximity of the two ponds to the lot line. Barry is concerned if work was needed would there be enough room between the two ponds once it was divided. John Endres stated the primary and backup septic were reversed and would make the change on the plan. There is nothing considered as a wetland on the property and will show the driveways on the final plan. John also feels the ponds are well established and if any work was needed, small machinery could fit between the ponds. Michael vonOuhl moved and Barry Horst seconded approval for Roland Smith, Silk Road and Cardinal Lane, sketch plan and final review of two lot subdivision contingent on the following: 1. Show both locations of the driveways. 2. Show the septic areas accurately to match the design. 3. Show water course - outflows of pond. 4. Well locations. The motion carried unanimously with Eugene Rowley voting. 8. MARC AND WENDY BEATTY, 35 CLYDE STREET Final plan review of three lot subdivision. Dan Monks stated this is the final hearing. There have been two previous meetings and one site visit regarding the project. John Endres stated the solution is a written agreement that the town will do shoulder repair and put a culvert in across Clyde Street so the water would runoff into the drainage ditches then into the culvert. Marc Beatty also agreed to run into the existing drop inlet on the corner of Clyde Street and Burgess Road to take care of the runoff issues. Lawrence Harrington expressed his concerns regarding the water coming down Burgess Road on to his property. Mr. Harrington does not feel there is enough drainage to take care of the runoff if two or three more houses were built on Clyde Street. Pat Kinney, Town Highway Superintendent stated this is a town road and would be maintained by the town. Michael vonOuhl moved and Charles Copp seconded approval to close the hearing and discuss in Deliberative Session. The motion carried unanimously with Richard Owens voting. OTHER BUSINESS * Request for extension of permit expiration date - Chili's Restaurant, North Bennington Road. Bob Burgess moved and Barry Horst seconded approval for request for extension of permit expiration date. The motion carried unanimously with Bill Barney abstaining. * Election of Officers - Will discuss at next meeting. At 8:15 P.M. Bill Barney moved and Barry Horst seconded to adjourn the meeting and go into Deliberative Session to discuss Marc and Wendy Beatty, 35 Clyde Street, final plan review of three lot subdivision. The motion carried unanimously. Respectfully submitted, Christa LeBlanc Recording Secretary