DEVELOPMENT REVIEW BOARD August 19, 2008 7:00 PM BENNINGTON FIRE FACILITY 126 RIVER STREET, BENNINGTON, VT MINUTES BOARD MEMBERS PRESENT: Charles Copp, Chair; Barry Hörst, Vice Chair; Ron Alderman, Bill Barney, Michael von Ouhl, Ryan Morse, Al Ray, Dan Malmborg, and Milt Surdam. OTHERS PRESENT: Dan Monks, Zoning Administrator; Jim Marsden, John Endres, Jack Byer, Joe Carbone, Tim Smith, Architect, Joann Erenhouse, Lyndi Lunch, and Robyn Baker, Recording Secretary. Copp called the meeting to order at 7:00 PM. 1. Minutes of August 5, 2008. Von Ouhl moved and Barney seconded approval of the minutes of August 5, 2008 as presented. The motion passed unanimously. 2. Interested Persons - Appeal Rights - Reading of witness' oath Monks read the oath. 3. Disclosure of Ex parte Communications and Conflicts of Interest Morse and Surdam will recuse themselves from the Garlic Festival matter. 4. Alternates - Voting Assignments 5. Verizon Wireless, Applejack Real Estate Ventures, 101 South Street, the applicant is seeking design plan approval for new signs at 101 South Street. This matter was preliminarily scheduled to be reviewed by the HPC and the ARP. Hörst reported that the ARP reviewed this, size, colors, etc are good, and there is no internal lighting. Morse moved to approve the sign design as presented. Barney seconded. The motion passed unanimously. 6. James Marsden, 709 County Street, the applicant is seeking a variance of the side yard setback requirement for carport. Hörst reported that the ARP met with the applicant, and they are convinced that this is the least possible variance, the only good location for the carport. He reports that the ARP recommends approval. Marsden reported that he measured from the chain link fence to the pool, which is a distance of 15 feet. Alderman moved to approve the variance as requested. Barney seconded. The motion carried unanimously. 7. Jade Realty of Vermont, LLC, 897 North Bennington Road, the applicant is seeking development plan and design plan approval for a new motor vehicle sales and service facility on North Bennington Road. This matter was preliminarily approved at the last hearing. Jack Byer presented the changes to the Board. The flagpole height will be limited to the height of the building, 21 feet. The elevation of the possible dumpster enclosure provided on SK-2. SK-3 is information regarding the internally illuminated signage. Byer also submitted a letter from owner, Joe Carbone, seeking permission to maintain the existing access to the Toyota site just south of the site as discussed at the last meeting. Barney asked, and Byer reported that there are no wetlands. Barney asked if they have contacted the state regarding the access. Byer explained that they have attempted to contact Theresa Gilman of the State and meet with her on the site. She was ill and then on vacation. Ray asked if there would be glare from the windows as the sun is setting. Byer explained that the glass is clear with dark lens frames. Ray asked, and Byer reported that it would be a US flag on the pole with a ball finial on top. Copp asked about the thickness of the free standing signs. Byer thought they were 12-14 inches, less than two feet. Alderman asked and Monks indicated that internally illuminated signage is permitted in this area. Ray asked and Endres reported that the oil separator is included in case something happens. The tank is baffled; anything heavier than water will sit at the bottom, anything lighter at the top. The only thing that can drain out is gray water. The tank is pumped out annually or more often as warranted. Endres reported that this is an extra step. He is not sure it is required on a state level, but because it is a hot spot activity, automobile maintenance, it is highly recommended. Copp mentioned that there is still no graphic scale on the drawings, which is required on all of the final drawings, in case the documents are shrunk by a copier. Ray moved to close the matter to deliberative session. Morse seconded. The motion passed unanimously. 8. Bennington Area Chamber of Commerce, Colgate Heights, Duo Corporation, Mount Anthony Preservation Society, Inc., Peter R. Geannelis, the applicant is seeking approval for the Garlic Festival to be located at Camelot Village on West Road. Morse and Surdam recused themselves from this hearing. Joanne Erenhouse presented the project to the Board. Erenhouse reported that they have met with Pat Kinney and Steve Eddington and twice with Gary Forrest. She read a letter from Forrest regarding traffic control. He recommends Fox Hill Drive as the main entrance. There will be cones down the center of Route 9 with two deputies at intersection. A second spectator entrance further west would cause confusion. Parking attendants will help keep traffic flowing. There is a good line of vision. There will be No parking signs up and down route 9 from east of Maher's to West by Mt. Anthony Veterinary Hospital. There will be two traffic speed indicators, one in each direction. The shuttle will be routed around Jennings to drop off as they head east. Erenhouse passed a drawing around to indicate what the sheriff described in his letter. They are reserving a portion of Wassick's land as a buffer for the immediate neighbors. Safety tape will be present. Barney asked and Erenhouse indicated that there would be one shuttle bus. The frequency depends on the crowd. The shuttle will be parked at the Banknorth parking lot. The Rescue squad will be on site throughout event. Hörst asked and Erenhouse indicated that the people directing traffic should be directing traffic not answering questions. There are volunteers on site to answer questions. Deputies will be informed all day long so that they can project and foresee anything they need to. Ray asked about the main entrance to Camelot Village and Erenhouse indicated that would be reserved for vendors, no other general vehicular traffic. Malmborg asked about the culvert. Erenhouse explained that Kinney met with them and there will be a 10" pipe with 30 yards of gravel to be installed as soon as they get the permit. Monks indicated that the curb cut was submitted and approved by Pat Kinney, but has not yet passed his desk. Petricca is donating the pipe and Peckham is donating the gravel. Copp asked if the hay from the recent mowing would be picked up, and the applicant indicated that Strohmaier's intend to pick up the hay. Lanes will be cut through again to facilitate parking and safety issue. Barney moved to close to deliberative session. Von Ouhl seconded. The motion passed unanimously. 9. Other Business As there was no further business, Hörst moved to adjourn to deliberative session Ray seconded. The motion passed unanimously. The meeting was adjourned at 7:29 PM. Respectfully submitted, Robyn Baker Minutes Secretary