DEVELOPMENT REVIEW BOARD BENNINGTON FIRE FACILITY, 3RD FLOOR 126 RIVER STREET BENNINGTON, VT 05201 MINUTES DECEMBER 20, 2005 BOARD MEMBERS PRESENT: Barry Horst-Vice Chairman; Albert Ray; Charles Copp; Ron Alderman; Michael vonOuhl; Randy Maxon; and Bill Barney. ALTERNATE BOARD MEMBERS PRESENT: Richard Owens and Eugene Rowley. OTHERS PRESENT: Dan Monks-Planning Administrator; Jason Dolmetsch; Dave Epstein; Patrick Rondeau, Vincent Alcaro; and Recording Secretary, Christa LeBlanc 1. MINUTES OF DECEMBER 6, 2005: Charles Copp moved and Michael vonOuhl seconded to approve the Minutes of December 6, 2005. The motion carried unanimously. 2. INTERESTED PERSONS - APPEAL RIGHTS & READING OF WITNESS OATH Dan Monks read the Appeal rights and Witness Oath. 3. DISCLOSURE OF EX PARTE COMMUNICATIONS AND CONFLICTS OF INTEREST Dan Monks stated he would excuse himself from any discussion regarding #12, Alcaro Realty Inc., 239 Main Street & vacant land across the street. 4. ALTERNATE VOTING ASSIGNMENTS All members voting. 5. BLS BENNINGTON, LC, WAL-MART STORES, INC., MONUMENT PLAZA, 210 NORTHSIDE DRIVE Request for continuance. Richard Owens moved and Eugene Rowley seconded approval for continuance for BLS Bennington, LC, Wal-Mart Stores, Inc., Monument Plaza, 210 Northside Drive. The motion carried unanimously. 6. FISK, REED & LOVE, 115 ELM STREET Review of sign design. Barry Horst stated the Application Review panel and HPC had no problems and recommends approval. Michael vonOuhl moved and Richard Owens seconded approval for Fisk, Reed & Love, review of sign design. The motion carried unanimously. 7. ADECCO, 210 SOUTH STREET Review of sign design. Barry Horst stated the HPC and the Application Review Panel had no problems and recommend approval. Charles Copp moved and Albert Ray seconded approval for Adecco, 210 South Street, review of sign design. The motion carried unanimously. 8. BENNINGTON FURNITURE, 219 RIVER STREET Review of sign design. Barry Horst stated the HPC and Application Review Panel had no problems and recommend approval. Richard Owens moved and Bill Barney seconded approval for Bennington Furniture, 219 River Street, review of sign design. The motion carried unanimously. 9. THE MERCHANTS BANK, 400 MAIN STREET Review of sign design. Barry Horst stated the Application Review Panel and the HPC had no problems and recommend approval. Eugene Rowley moved and Charles Copp seconded approval for The Merchants Bank, 400 Main Street, review of sign design. The motion carried unanimously. 10. BENNINGTON CENTER FOR THE ARTS, 44 GYPSY LANE Development plan review of 3,456 square foot addition to Arts Center. Jason Dolmetsch addressed the Board's concerns regarding the parking area, the height of the building and the proposed uses. Ron Alderman moved and Eugene Rowley seconded approval to close the hearing and discuss in Deliberative Session. The motion carried unanimously. 11. MOUNT ANTHONY UNION SCHOOL DISTRICT #14, 301 PARK STREET Development plan review of 2400 sq.ft. wood-chip heating facility. Dave Epstein stated the proposed facility would be a 24' brick building with two overhead doors and a 68' free standing chimney. There will be landscaping in front of the building, no additional parking and will have full cutoff light fixtures. Peter Gibbs explained the traffic flow for deliveries, water and sewer, drainage, grading and electrical. Ron Alderman moved and Richard Owens seconded preliminary approval for Mount Anthony Union School District #14, 301 Park Street, development plan review of 2400 sq.ft. wood chip heating facility. The motion carried unanimously. 12. ALCARO REALTY INC, 239 MAIN STREET & VACANT LAND ACROSS THE STREET Appeal of Zoning Administrator's decision regarding discontinuance or abandonment of Motor Vehicle Sales use. Barry Horst stated the applicant is appealing the Zoning Administrator's decision that the motor vehicle sales use has been discontinued and may not be resumed because motor vehicle sales is not an allowed use in the CB District. Patrick Rondeau stated the applicant has been active in bankruptcy since 2004. This property has existed as a motor vehicle sales use for years. Mr. Rondeau is asking the Board to give Mr. Alcaro the opportunity to find a buyer for the property or run the property as a car dealership. Eugene Rowley moved and Charles Copp seconded approval for a continuance. The motion carried unanimously. 13. OTHER BUSINESS No other business. At 8:25 p.m. Eugene Rowley moved and Richard Owens seconded to adjourn the meeting and go into Deliberative Session to discuss Bennington Center for the Arts, 44 Gypsy Lane, development plan review of 3,456 sq.ft. addition to Arts Center. The motion carried unanimously. Respectfully submitted, Christa LeBlanc Recording Secretary NAME & ADDRESS Jason Dolmetsch Bennington, VT Dave Epstein Burlington, VT Patrick Rondeau North Adams, MA