DEVELOPMENT REVIEW BOARD FEBRUARY 6, 2007 7:00 PM BENNINGTON FIRE FACILITY 126 RIVER STREET MINUTES BOARD MEMBERS PRESENT: Charles Copp, Chair; Barry Hörst, Vice Chair; and Al Ray. ABSENT: Ron Alderman, Bill Barney, Richard Owens, ALTERNATE BOARD MEMBERS PRESENT: Gene Rowley. OTHERS PRESENT: Dan Monks, Zoning Administrator; Sam Restino; Gary Corey, Architect; Jim Secor; Jim Frechette; Arthur Dreyer, Dubois & King; Connie Messer; Patrick O'Neil; Francis Morrissey; Bill LaFlamme; Peter Francisco; Brian Sullivan; Jason Dolmetsch; Michael Nawrath; Christopher Baudo; William Wright; Mark Beattie; Michael Lynch; Robyn Baker, Recording Secretary; and other citizens. Charles Copp called the meeting to order at 7:00 PM 1. Minutes of January 16, 2007 Hörst moved and Ray seconded approval of the minutes of January 16, 2007 as presented. The motion passed unanimously. 2. Interested Persons - Appeal Rights - Reading of witness' oath Monks read the appeal rights and witness oath. 3. Disclosure of Ex parte Communications and Conflicts of Interest None. 4. Aleternates - Voting Assignments All Board Members present were voting. 5. Written Decisions * Applejack Historic Real Estate LLC, Depot Street, (rear of Bennington Brush Building) The Board authorized Monks to sing the written decision. 6. Bennington College, 131 Maintenance Drive. The applicant is seeking development plan approval for a new 5,000 sq. ft. wood chip heating facility at the above location. Monks explained that this is the second of two required hearings. Gary Corey was representing the applicant. Hörst moved to close the hearing. Rowley seconded. The motion passed unanimously. 6. Verizon Wireless, Town of Bennington, 215 South Street. The applicant is seeking development plan approval for a replacement telecommunication tower at the above location. Monks explained that this is the second required hearing. There was a question regarding the sound of the condenser unit. Arthur Dreyer, Dubois & King, explained that this is a condenser unit, and sounds similar to a household unit. At the unit it is 79 decibels, 5 feet away it is 65 decibels, 10 feet away it is 59 decibels, and 100 feet away it is 39 decibels. Rowley moved to close the hearing to deliberative session. Ray seconded. The motion passed unanimously. 7. Carl Capella, Stocklee Lane, The applicant is seeking preliminary plan approval for a 100 dwelling unit Planned Residential Development at the above location. Monks explained that this is a three step process. Preliminary plan approval was previously granted. This is the second step of the three step process. Jim Secor, MSK Engineering, explained that the development will have two accesses off of Burgess Road. One large loop road will be the primary entrance, 22 feet wide per town requirements. The side roads are 16 feet wide, and are still in compliance with town requirements. They have included tree plantings along the roadway abutting Frechette and Wright. The large green spaces indicated preserve existing trees, 3" caliper or larger. Twenty and 30 foot buffers are maintained. Village water and sewer approval has been obtained. The sewer access is coming from Barney Road, water is coming from Burgess. There is a large pond area. Ray asked about school bus access, and Secor indicated that busses may loop through the project. The fire department, rescue squad, police and CVPS have all granted approval. Copp asked about buildings 32, 25, and 20 which do not show two driveways. Chris Baudo explained that there should be one more driveway for each of those. Ray asked about the sewer capacity, and Secor indicated that they Barney Road sewer improvements were done previously. Hörst asked about drainage problems. Secor feels that they are close to having those problems resolved. Monks noted and Secor agreed that they would need another culvert. There is an area across the street that was previously filled illegally. Ray asked and Secor indicated that the units have to meet the residential energy code for the state. Secor indicated that they are creating a storm sewer system that collects and discharges to a reinforced channel, as well as another that discharges at central location. In order to comply with state regulations, they will be collecting and discharging to one site which has three distinct discharge locations to wetlands. Secor indicated that Fish and Wildlife have given sign off on site plan with no adverse comments. This still needs Select Board and then DRB Approval. Ed Bove, Director of RAHC, explained that RAHC will be accessing money from the state Homeland Program. They will locate a low or median income buyer, but RAHC will obtain covenants to keep it affordable. This is up to a $40,000 grant from State of VT. For the buyer, they are entitled to 25% of the equity, so that the property stays affordable. They can access 5-25% of the units depending on how much homeland money is available. RAHC remains in charge when units are resold. Bill Wright asked what is affordable housing. Bove reported that for Bennington County, for a family of four it is $60,000 annually. For a family of two it is $30,000 -$35,000. They also factor in utility allowances. Wright asked how many units would be affordable, and Bove explained that it depends on how much money is in the program. RAHC has to apply for the money. Up to 20% of the project could be affordable housing; ten duplexes or 20 units. Wright asked if those have been identified, and Secor indicated that they were not. They will be integrated, not clustered. Mike Nawrath reviewed some of the covenants. Article 4 is the operative section that they are concerned about. Within the overall development there may be one or more condominium associations, but all things that affect the town concerns will be covered by the overall declaration. The responsibility for common infrastructure, amenities, etc. will be a function of the main organization. In Section 4.2, the owner retains responsibility for maintenance, but the Association retains the right to step in and repair any building that becomes dangerous or unsightly. Nawrath explained that Section 3.6 refers to a fire pond and hydrant, and explained that the pond is not there for fire purposes. Rowley asked if the units would be owner occupied, and Nawrath indicated that there is nothing in the declaration addressing rentals. They plan to sell to those who intend to occupy, but there is nothing in the declaration preventing rentals. Bove explained that the RAHC units cannot be sublet. Copp asked about garbage collection and Secor indicated that there would be one common contract for individual garbage pickup. Baudo presented elevation drawings. He explained that they are trying to create diversity, a different look for each of the units. Two of the models in the rendering have been deemed affordable. The units will vary in size, color and design. Some will have front porches, some will have verandas. The amenities will vary from model to model. Any changes people may want to add to the models, will add to the diversity. They are trying to create a look where the duplexes do not look divided in half or top and bottom. Copp asked and Baudo reviewed some necessary corrections on the floor plans in the Bennington and Coolidge models. Hörst asked, and Baudo reported that there are currently six design options, and there is at least one more on the drawing boards. As development progresses they could learn about wants and desires that could ultimately create a new model. Wright asked if they would be installed at buyers' options or prebuilt. Baudo reported that initially Hale and Coolidge will be built as designed, with the option that Coolidge may have a second story veranda. They will make modifications based on the desires of homeowners. They intend to put two models, Hale and Coolidge, up on the first two sites. The homes are stick built, not modular. They plan to phase in the development over three years optimistically. Secor indicated four construction phases. Wright felt that there should be a 50-foot buffer distancing the project from the neighbors' boundaries. He felt that would give privacy. He explained that the abutting landowners are asking to preserve their privacy. He is concerned because they are showing a 20-foot buffer. His living room is only about fifty feet away. Wright asked and Secor indicated that the plantings are 2 1/2" caliper on both sides of the roadway, swamp maple, red oak, ash. They are attempting to force the traffic through the wider roadway. An allowance for fencing was not planned. There is no pathway or sidewalk on this section. That is being directed along the upper road. Water and sewer are coming through other road. Baudo indicated that they do intend to honor 50 foot buffer. Mark Beattie, abutting neighbor, indicated his property line. He was concerned about the number of children in neighborhood, which he felt could be up to 230. He explained that his property includes two fields, and he is concerned about kids riding on motorcycles and four wheelers, etc. He suspects that there may be problems with that many children. He asked if the applicant has considered a fence. He also explained that he is not willing for people to walk their dogs on his property. Nawrath explained that Section 3.9 2 of the restrictions, prohibit ATVs or similar vehicles being used on the property, and 3.9 prohibits animals except for one dog and one cat, controlled by an operating invisible fence system. Secor felt that there would not be a large child population, possibly 20. Mike Lynch, abutting landowner on the western border was concerned that all storm water runoff was being directed towards his property. He has a well and is concerned about the impact. He also asked if he would be connected to municipal water and sewer through the project. Baudo explained that the storm water discharge is directed at the Putnam wetlands, not the Lynch property. He felt that Lynch might see mitigation of his current runoff problem. Rowley moved to close the hearing to deliberative session. Hörst seconded. The motion passed unanimously. 8. Allegro Associates, East Road. The applicant is seeking development plan approval for a 30,000 sq. ft. warehouse distribution facility at the above location. Hörst moved, and Ray seconded to continue until March 6. The motion passed unanimously. 9. Bennington Green Mountain, LLC, Fillmore Street, The applicant is seeking sketch plan approval for a 51 lot planned Residential Development at the above location. Monks explained that if sketch plan approval is granted, there will be two more hearings. Secor presented the project to the Board. He explained that this is a 50 until subdivision for single family dwellings in the old "desert." He explained that there would be an extension of Fillmore up to West Street, looping the roadways. He indicated the rights of way. Secor explained that the project would have municipal water and sewer, half accessed down Fillmore Street, and half down Cyr Court. The high pressure water main will be tied off and looped back. Allocation approval for water and sewer has been obtained. There will be paved roadways, curbing and sidewalks throughout project. There will be three phases of construction and a three year build-out optimistically. Secor indicated the series of catch basins, culverts, and a large retention basin. He explained that they have received approval from fire, municipal impact, rescue squad, schools and CVPS. He indicated scattered old pockets of wetland. He reported that there are a number of encroachments on Fillmore Street and Cyr Court. The land is not overly useable for development, and they have agreed to give the land to the abutters. Surveying costs and legal fees will be the responsibility of the abutters. Secor indicated the location of Holt Springs, an old dam area that was once a mill pond that has dewatered itself. They plan to preserve it, as it is an historic, interesting feature. Ray asked, about the road to the right. Secor explained that it is to be used for emergencies. They don't want to gravel it, as they don't want it to be used as a short cut. They are proposing that as the second access. They plan to run curbing and sidewalk down Fillmore Street. The sidewalk will force the narrowing of the road, and they hope for a traffic calming effect. School busses can drive through the project. Hörst asked, and Secor indicated that the road abuts West Street. Copp asked and Dolmetsh reviewed the sewer that is not shown on building lots 49 and 50. Hörst asked if common areas, open space or playgrounds were planned, and Secor indicated that they were not. Sam Restino, Harbour Road resident, doesn't believe traffic will be using Fillmore. He feels that Harbour will also be used. He is concerned about additional traffic and traffic speed. He also asked about the dam, and Secor indicated that they are planning to bring it back to where it has been for years, preserving it, and it will not be used for storm water management. Restino reported that Fillmore has been patched and repaired, and Secor noted that town did not have concerns. They are initiating safety and traffic count study and will mention Restino's concerns. He reported that the water main won't affect them because they are on the high pressure side. Bill LaFlamme, a Fillmore Street resident, explained that there is lots of traffic because of the development below. Fillmore is used a lot as another entrance onto Beech. There is immense traffic. He explained that Fillmore Street is in bad shape and is washed out underneath. Secor indicated that there is another outlet coming back up West Street. Francis Morrissey, Attorney was representing Arthur and Sandra Lemieux. He reviewed the history and indicated the location of his client's property, 200 feet northerly, 500 feet westerly, and 200 feet to the south and 500 feet to the rear. By deed, his clients have an undefined right of way across Rooney lands towards beech Street. He explained that the Lemieux' do not wish to prevent development, but request something be done to protect their right of way. They have written and asked three alternatives be considered: buy Lemieux property, design proposed roads to join Lemieux property, or the applicant be directed to expand the proposal to show a right of way that the applicant is willing to deed to the Lemieux' for the purposes of ingress and egress, and the right to lay utility lines, electricity, water, sewer, telephone. The current access is not defined. There is not a house on the property. There is also a right of way over land to the above described lot. The applicant also has right of way across Lemieux' property by same deed. Ray asked how they access the property now, and Morrissey explained that they walk from the end of Fillmore, or drive as far as they can depending on the weather. This is a landlocked piece of property. Secor noted that they were just given this information last week, and are hoping to resolve the matter so that the Board does not have to impose conditions. Patrick O'Neal, Fillmore resident, is also concerned about traffic, and storm water. Monks and Secor explained that the plans are available for review. Connie Misser, Fillmore Street resident, has concerns about current sewer problems being made worse by this project. Secor noted that the line does not go down Fillmore. Hörst moved to grant sketch plan approval and move on to preliminary review. Rowley seconded. The motion passed unanimously. Monks explained that the next submission will require additional information and abutters will be notified. 11. Other Business None. Rowley moved to close the hearing to deliberative session at 8:17. Ray seconded. The motion passed unanimously. Respectfully submitted, Robyn Baker Minutes Secretary