DEVELOPMENT REVIEW BOARD BENNINGTON FIRE FACILITY, 3RD FLOOR 126 RIVER STREET BENNINGTON, VT 05201 MINUTES JANUARY 3, 2006 BOARD MEMBERS PRESENT: Michael Brady-Chair; Barry Horst-Vice Chairman; Albert Ray; Charles Copp; Ron Alderman; Michael vonOuhl; and Bill Barney. ALTERNATE BOARD MEMBERS PRESENT: Richard Owens and Eugene Rowley. OTHERS PRESENT: Dan Monks-Planning Administrator; Patrick Rondeau, Jason Dolmetsch; Robert Dawson; Janet Sausville; Peter Buckley; Devin Dalpos; Elisa Tsang; Peter Cross; David Young; and Recording Secretary, Christa LeBlanc 1. MINUTES OF DECEMBER 20, 2005 The Minutes of December 20, 2005 will be approved at the January 17, 2006 meeting. 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 excused himself from any discussion regarding #9, Alcaro Realty Inc., 239 Main Street & vacant land across the street. Michael Brady recused himself from #10, Aldi Inc., 10 Kocher Drive, development and design plan review of new CVS Pharmacy and review of two lot subdivision. 4. ALTERNATE VOTING ASSIGNMENTS All members voting. 5. WRITTEN FINDINGS Bennington Center for the Arts, 44 Gypsy Lane The Board authorized the Chair to sign the above Written Findings. 6. WILLARD AND JOYCE GOYETTE, 593 RICE LANE Review of three lot subdivision plan. Barry Horst stated the applicant has updated the plan and the Application Review Panel recommends approval. Ron Alderman moved and Eugene Rowley seconded approval for Willard and Joyce Goyette, 593 Rice Lane, review of three lot subdivision. The motion carried unanimously. 7. MOUNT ANTHONY UNION SCHOOL DISTRICT #14, 301 PARK STREET Development plan review of 2,400 sq.ft. wood chip heating facility. Barry Horst moved and Richard Owens seconded approval to close the hearing and discuss in Deliberative Session. The motion carried unanimously. 8. ED COLVIN, EVERGREEN DRIVE Sketch plan review of 5 lot subdivision. Jason Dolmetsch stated the applicant is proposing a five lot subdivision on Evergreen Drive. The road will be lengthened to the end and a new access road will be added off of Evergreen Drive for lots 2, 3 and 4. During the first phase, the new access road will be gravel and paved during the final phase. The applicant will also extend all water and sewer services. Michael Brady suggested that Mr. Dolmetsch consider the new access road as a shared driveway and a 50' right of way for lots 3, 4 and 5. Mr. Dolmetsch will show this information on the sketch plan along with preserving the 50' right of way. Robert Dawson and Janet Sausville expressed their concerns regarding the years of trash dumped at the end of Evergreen Drive and flooding issues. The Board asked the applicant to check the following: * Dumping at the end of Evergreen Drive * Water issues * Flood plane map Eugene Rowley moved and Charles Copp seconded to accept the sketch plan with the conditions: change the access road to a shared driveway and a 50' right of way for lots 3, 4 and 5, preserve the 50' right of way, the dumping at the end of Evergreen Drive, water issues and flood plane map. The motion carried unanimously. 9. 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. Mr. Rondeau asked the Board to give Mr. Alcaro the opportunity to get his vehicle sales business back up and running. Peter Buckley commented there should be no zoning issue because Mr. Alcaro was in bankruptcy. Barry Horst moved and Michael vonOuhl seconded approval to close the hearing and discuss in Deliberative Session. The motion carried unanimously with Michael Brady abstaining. 10. ALDI INC., 10 KOCHER DRIVE Development and design plan review of new CVS Pharmacy and review of two lot subdivision. Devin Dalpos stated the applicant is proposing to subdivide Aldi's into two lots. This is a minor subdivision off a shared driveway with right of way in excess of 50'. The CVS Pharmacy will be 2.72 acres and Aldi's 3.71 acres. CVS Pharmacy will be a 12,900 square foot building with a double drive thru for pharmacy pick-up and drop offs. The Aldi's parking lot will be reduced from 117 parking spaces to 96 spaces and the green spaced increased by 11.5%. CVS will have 68 parking spaces with 14.9% green space. The fire access will be moved on the site, improve pedestrian traffic by extending existing sidewalks. A bike rack will also be installed in front of the store. Elisa Tsang explained the landscaping, lighting and drainage plan. The Board asked for the following: * Photos - traveling south on Route 7 (Kocher Drive) * Height of CVS vs. Aldi's * Pedestrian access between both sites Richard Owens moved and Eugene Rowley seconded preliminary approval for Aldi Inc., 10 Kocher Drive, development and design plan review of new CVS Pharmacy and review of two lot subdivision. The motion carried unanimously. 11. BLS BENNINGTON, LC, WAL-MART STORES, INC., MONUMENT PLAZA, 210 NORTHSIDE DRIVE Review of development plan and design plan for approximately 112,000 sq.ft. new Wal-Mart store and 10, 000 sq.ft. new retail building. Peter Cross addressed the Board's concerns regarding the second Recess Memorandum. David Young also expressed his outstanding concerns and asked the Board to consider these concerns before making a final decision. Eugene Rowley moved and Michael vonOuhl seconded approval to close the hearing and discuss in Deliberative Session. The motion carried unanimously. 12. OTHER BUSINESS No other business. At 8:20 p.m. Richard Owens moved and Eugene Rowley seconded to adjourn the meeting and go into Deliberative Session to discuss 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, Mount Anthony Union School District #14, 301 Park Street, development plan review of 2,400 square foot wood chip heating facility and BLS Bennington, LC, Wal-Mart Stores, Inc., Monument Plaza, 210 Northside Drive, review of development plan and design plan for approximately 112,000 square foot new Wal-Mart store and 10,000 square foot new retail building. The motion carried unanimously. Respectfully submitted, Christa LeBlanc Recording Secretary NAME & ADDRESS Jason Dolmetsch Bennington, VT Patrick Rondeau North Adams, MA Peter Cross St. Albans, VT Robert Dawson 110 Evergreen Drive Bennington, VT 05201 Janet Sausville 105 Evergreen Drive Bennington, VT 05201 Peter Buckley Manchester, VT Devin Dalpos Saratoga Springs, NY Elisa Tsang APD Engineering Rochester, NY