DEVELOPMENT REVIEW BOARD
BENNINGTON FIRE FACILITY, 3RD FLOOR
126 RIVER STREET
BENNINGTON, VT 05201

MINUTES
AUGUST 1, 2006


BOARD MEMBERS PRESENT:  Barry Horst-Vice Chairman; Albert Ray; Michael vonOuhl; Ron Alderman; Richard Owens; and Bill Barney.

ALTERNATE BOARD MEMBERS PRESENT:  Eugene Rowley

OTHERS PRESENT:  Dan Monks-Planning Administrator; Robert Johnson; Dale Long; Lee Turner; Jim Spaulding and Recording Secretary, Christa LeBlanc

1.  MINUTES OF JULY 18, 2006:
	Richard Owens moved and Albert Ray seconded to approve the Minutes of July 18, 2006 as written with the following change:
	Add to line 11 "Richard Owens" 
	Remove "Richard Owens" from line 13 
		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
	None.

4.  ALTERNATE VOTING ASSIGNMENTS
	All members voting.  

5.  WRITTEN FINDINGS:
	Kevin and Sandra Dunican, 2178 Walloomsac Road
	Carl Capella, Stocklee Lane     
	
	The Board authorized the Chair to sign the above written findings.
	
6.  MARK AND ALICIA HOURAN, 307 PLEASANT STREET
	The applicants are seeking design approval for changes to the exterior of their house.  Barry Horst stated the HPC had no adverse comments and did not approve the design. 
Ron Alderman moved and Eugene Rowley second to continue the hearing until the next meeting in August.   
	Ron Alderman withdrew his motion to continue the hearing in August.

Michael vonOuhl moved and Ron Alderman seconded to continue the hearing on September 5, 2006.
		The motion carried unanimously.

7. ROBERT JOHNSON, 806 GAGE STREET
	The applicant is seeking a variance of the rear and side yard setbacks.  Mr. Johnson stated he would like to build a roof over his walkway.  Mr. Johnson addressed the Board's concerns regarding the pitch and any runoff from the roof.

	The Board voted on the Five Facts:

1. The hardship must be created by the unique physical circumstances or conditions peculiar to the particular property. (Seven voted  in favor)
2. Because of these circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the municipal zoning regulations. (Seven voted in favor)
3. The hardship has not been created by the applicant. (Six in favor - 1 opposed)
4. The variance requested will not alter the essential character of the neighborhood. (Seven in favor)
5. The variance requested is the minimum variance necessary to afford relief. (Seven in favor)

8.  ALLEGRO ASSOCIATES, EAST ROAD (just south of Willow Park)
	Determination of definition applicable to proposed use.  Mr. Long stated that F.W. Webb would like to expand their current facility.  They would supply general contractors and local businesses such as Eveready Battery.  F.W. Webb is not open on weekends, holidays and does not advertise.  The bulk of their materials are stored on site and delivered by their fleet trucks.  Mr. Long feels that F.W. Webb qualifies as a retail distributor.
	Eugene Rowley moved and Albert Ray seconded to close the hearing and discuss in Deliberative Session.
		The motion carried unanimously.
	
9.  OTHER BUSINESS
	No other business.

	At 7:30 p.m. Richard Owens moved and Eugene Rowley seconded to adjourn the meeting and go into Deliberative Session.      
		The motion carried unanimously.




Respectfully submitted,


Christa LeBlanc
Recording Secretary





NAME & ADDRESS


Robert Johnson
806 Gage Street
Bennington, VT

Dale Long
Bennington, VT

Lee Turner
Rutland, VT

Jim Spaulding
Concord, NH