DEVELOPMENT REVIEW BOARD BENNINGTON FIRE FACILITY MULTI-PURPOSE ROOM - 3RD FLOOR 130 RIVER STREET BENNINGTON, VERMONT 05201 TUESDAY, AUGUST 16, 2005 MINUTES BOARD MEMBERS PRESENT: Michael Brady-Chair; Barry Horst-Vice Chair; Ron Alderman; Bill Barney; Randy Maxon; Bob Burgess and Michael vonOuhl. ALTERNATE BOARD MEMBERS PRESENT: Eugene Rowley and Richard Owens. OTHERS PRESENT: Dan Monks-Planning Director; Christopher Sherman; Jim Secor and Nancy Lively-Secretary. At 7:00 PM, Michael Brady called the meeting to order. 1. MINUTES OF AUGUST 2, 2005 Michael vonOuhl moved and Richard Owens seconded to approve the Minutes of August 2, 2005 as submitted. 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: Eugene Rowley recused himself from #9 Paul Redding, The Redd Rascal, 445 Main Street because Mr. Redding is a close friend and advised the Board that he sits on the board of the Bennington Youth Center which will be housed in the #13. Green Mountain Senior Living, LLC, 650 Main Street but that that will not effect his deliberations.. 4. ALTERNATES - VOTING ASSIGNMENTS: All voting. 5. WRITTEN DECISIONS - HAWKS ASSOCIATES. LLP, 426 SOUTH STREET The Hawks Associates, LLP, 426 South Street development plan and Planned Residential Development Plan for a 53 unit condominium housing project has been approved with the following conditions: 1. The above-ground propane tanks serving the duplexes shall not be visible from homes that are not part of the project. 2. The "good" and/or "finished" side of all fences shall face the abutters of the project. 3. Prior to the commencement of construction of each phase of the project, all fences that screen such phase of the project from abutters shall be installed. 4. If blasting occurs, a copy of the "pre-blast" video of a property shall be given to each such property owner prior to any blasting. The plan was also updated to include Ms. Fletcher's request, fence locations and styles and tree removals. Michael vonOuhl moved and Ron Alderman seconded to authorize the Chair to sign the Hawks Associates, LLP, 426 South Street written decision. The motion carried unanimously. 6. KIM POST, JUNQUE, 514 MAIN STREET Mr. Horst stated that the Historic Preservation Commission and Application Review Panel recommended approval of the sign/canopy design plan as submitted. Ron Alderman moved and Eugene Rowley seconded to approve the Kim Post, Junque, 514 Main Street design plan for a sign/canopy. The motion carried unanimously. 7. AMY CANNISTRACCI, VERVE, 415 MAIN STREET Mr. Horst stated that the HPC and ARP recommended approval of the design plan for a sign as submitted. Michael vonOuhl moved and Richard Owens seconded to approve the Amy Cannistracci, Verve, 415 Main Street design plan for a sign. The motion carried unanimously. 8. STEPHANIE GALUSHA, THE REAL WOMAN, 341 MAIN STREET Mr. Horst stated that the HPC and ARP recommended approval of the design plan but left the color decision up to the Board. Mr. Monks noted that the color is close to an approved color and does not present a problem. Eugene Rowley moved and Bill Barney seconded to approve the Stephanie Galusha, The Real Woman, 341 Main Street design plan for a sign. The motion carried unanimously. 9. PAUL REDDING, THE REDD RASCAL, 445 MAIN STREET Mr. Horst stated that the HPC and ARP recommended approval of the design plan for a sign as submitted. Mr. Alderman pointed out the restrictions on neon signs in the area. Richard Owens moved and Michael vonOuhl seconded to approve the Paul Redding, The Redd Rascal, 445 Main Street design plan for a sign. The motion carried with Eugene Rowley abstaining. 10. APPLEJACK DEVELOPMENT, 210 SOUTH STREET Mr. Horst stated that the HPC and ARP recommended approval of the design plan for a sign as submitted. Richard Owens moved and Michael vonOuhl seconded to approve the Applejack Development, 210 South Street design plan for a sign. The motion carried unanimously. 11. CHRISTOPHER SHERMAN, SR., 146 FURNACE BROOK ROAD Mr. Horst stated that Mr. Sherman does meet the by-laws and has certification. The existing house needs to be taken down, or have the kitchen facilities removed, within the same construction period that the new house is being built. He may obtain an extension of time to remove the existing house and has guaranteed the Board that he will not be occupying both houses at the same time. Bob Burgess moved and Michael vonOuhl seconded to approve the Christopher Sherman, Sr., 146 Furnace Brook Road development plan as submitted. The motion carried unanimously. 12. AMC PROPERTY MANAGEMENT, LLC, PURITAN V TRUST, MORSE INDUSTRIAL PARK The applicant is seeking development plan approval for an approximately 57,000 square foot self storage facility. Jim Secor gave the photometrics to the Board stating that the lights are for security purposes and will be 50 watts instead of 70 watts. Barry Horst moved and Richard Owens seconded to close the hearing with the decision to be made in Deliberative Session. The motion carried unanimously. 13. GREEN MOUNTAIN SENIOR LIVING, LLC, 650 MAIN STREET The applicant seeks to amend the previously approved development plan by leaving the cafeteria in place and rehabilitating it into a one story structure instead of the two story that was previously planned with some additional units in the basement. The parking and landscaping will remain the same. The HPC has approved the change but the Board had questions for the applicant who was not present at the meeting. Ron Alderman moved and Barry Horst seconded to continue the Green Mountain Senior Living, LLC, 650 Main Street development plan amendment request. The motion carried unanimously. 14. OTHER BUSINESS Mr. Monks stated that there will be procedural changes beginning 9/1/05 that involve getting the addresses and concerns of interested persons before accepting their testimony. At 7:25 P.M., Bob Burgess moved and Eugene Rowley seconded to go into Deliberative Session. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary