DEVELOPMENT REVIEW BOARD CAREER DEVELOPMENT CENTER, ASSEMBLY ROOM PARK STREET BENNINGTON, VT 05201 MINUTES NOVEMBER 7, 2006 At 7:00 PM, Charles Copp called the meeting to order. BOARD MEMBERS PRESENT: Charles Copp -Chairman; Barry Horst-Vice Chairman; Albert Ray; Michael vonOuhl; Richard Owens; Ron Alderman; and Bill Barney. ALTERNATE BOARD MEMBERS PRESENT: No Alternate Board member present. OTHERS PRESENT: Dan Monks-Planning Administrator; Michael McDonough; Kirk Moore; Jeff Goldstone, Jim Secor; Gerald Towne; William Colvin; Stuart Park; Victor Rolando; and Recording Secretary, Christa LeBlanc 1. MINUTES OF OCTOBER 17, 2006: Ron Alderman moved and Barry Horst seconded to approve the Minutes of October 17, 2006 as written. 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. FINDINGS OF FACT: Applejack Industrial LLC, Haskins Gas Service, 141 Morse Road. The Board authorized the Chair to sign the above Finding. 6. SPRINT/NEXTEL, 341 MAIN STREET: Review of sign design. Barry Horst stated the HPC had no concerns and the Application Review Panel recommends approval with the stipulation that all the other signs be removed before the new signs are hung. Ron Alderman moved and Michael vonOuhl seconded that there be no signs closer than 12' to the window inside the building. The motion carried unanimously. 7. GETTY PETROLEUM, 636 MAIN STREET: Review of sign design. Barry Horst stated the Application Review Panel had some concerns regarding the lighting and depth of the sign. Gerald Towne stated that the sign would be 4'X4' and would have two light fixtures. Mr. Towne also stated if the sign was too bright he would lower the wattage of the bulbs. Barry Horst moved and Michael vonOuhl seconded approval to accept as presented but must meet the lighting requirements. The motion carried unanimously. 8. HERITAGE FAMILY CREDIT UNION, 206 PLEASANT STREET The applicant is seeking development plan and design plan approval for a new drive-up ATM facility. Barry Horst stated the Application Review Panel had no concerns and recommends approval. Michael McDonough gave a brief overview of the development and design plan. Michael vonOuhl moved and Albert Ray seconded approval for the proposed development and design plan. The motion carried unanimously. 9. CHINA WOK, 121 BENNINGTON PLAZA The applicant is seeking development plan and design plan approval for an addition to an existing restaurant. Michael McDonough stated the applicant is increasing the seating and providing a larger buffet area. Mr. McDonough also addressed parking, landscaping, exterior lighting, color schemes, fencing and signage. Victor Rolando inquired if there would be any excavation for this project. Mr. McDonough stated the excavation would only be 5' in depth. Ron Alderman moved and Michael vonOuhl seconded preliminary approval for China Wok, 121 Bennington Plaza, development plan and design plan for an addition to an existing restaurant. The motion carried unanimously. 10. TOWN OF BENNINGTON, APPLEJACK FOUNDATION, 75 PEFORMANCE DRIVE (LOWER WILLOW PARK): The applicant is seeking development plan approval for a Baseball Facility at the above location. Jim Secor, Kirk Moore and Jeff Goldstone addressed the Board's concerns regarding the following: * Pedestrian connection * Adequacy of lighting * A traffic study * Trash removal and recycling facilities * Bike racks * Extensions for any portions of the project that will not be constructed within one year. Ron Alderman expressed his concerns with alcohol beverages being sold on town property. William Colvin stated that the Bennington Select Board has approved the sale of alcohol beverages at this facility. It is also written in their 49 year lease. Victor Rolando expressed his concern regarding the flood and excavation plan. Jim Secor addressed these concerns. Stuart Park from Grace Christian School referred to his letter dated October 23, 2006. Jim Secor addressed Mr. Park's concerns regarding the hours of operation, traffic issues and additional police protection. Albert Ray moved and Michael vonOuhl seconded approval to close the hearing and discuss in Deliberative Session. The motion carried unanimously. 11. OTHER BUSINESS Green Mountain Senior Living, 650 Main Street, request for extension of permit to convert the former Middle School to senior housing. Barry Horst moved and Albert Ray seconded approval for extension of permit to convert the former Middle School to senior housing. The motion carried unanimously with Michael vonOuhl abstaining. Review and Adoption of Revised Rules of Procedures. Michael vonOuhl moved and Richard Owens seconded approval of the Review and Adoption of the Revised Rules of Procedures. The motion carried unanimously. At 7:50 p.m. Bill Barney moved and Barry Horst seconded approval to adjourn the meeting and go into Deliberative Session. The motion carried unanimously. Respectfully submitted, Christa LeBlanc Recording Secretary NAME & ADDRESS Jim Secor Bennington, VT Kirk Moore Bennington, VT Jeff Goldstone Bennington, VT Stuart Park Grace Christian School Bennington, VT 05201 Victor Rolando Bennington, VT William Colvin Bennington, VT Michael McDonough Bennington, VT Gerald Towne Bennington, VT