DEVELOPMENT REVIEW BOARD December 16, 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, Ryan Morse, Al Ray, Dan Malmborg, and Milt Surdam. NOT PRESENT: Michael von Ouhl. OTHERS PRESENT: Jon Endres, Tim Smith, Theodore Gallipeau, Dave Mance, Bob Daley, Seth Gabriel, Dan Monks, Zoning Administrator; and Robyn Baker, Recording Secretary. Copp called the meeting to order at 7:00 PM. 1. Minutes of December 2, 2008. Copp noted the correction Mr. Gabriel's first name, which is Seth, not Sean. Barney moved and Alderman seconded approval of the minutes of December 2, 2008 as amended. The motion carried. Malmborg abstained. 2. Interested Persons - Appeal Rights - Reading of witness' oath Monks read the oath. 3. Disclosure of Ex parte Communications and Conflicts of Interest 4. Alternates - Voting Assignments Surdam will vote on the first item, and then the two alternates will take turns. 5. Jeff Reis, 38 Sweet Lane, the applicant has requested a continuance. Hörst moved to deny the application without prejudice as this is the third request for continuance. Alderman seconded. The motion passed unanimously. 6. Eagle Nationwide Mortgage Company, 339 Main Street, the applicant is seeking design plan approval for signs. Theodore Gallipeau presented the application to the Board. Alderman asked if the sign would include the phone numbers and Gallipeau reported that they would be included on the window. Copp noted that a drawing of those signs would have to be provided, as they will need the exact size and location of those graphics. Copp felt that they should continue the matter until they receive accurate information as the drawing and the application do not agree. Alderman moved to continue the matter to the next meeting. Barney seconded. The motion passed unanimously. 7. Paradise Realty Co., Inc., 122 McCall Street, the applicant is seeking final approval of a two lot Planned Unit Development (PUD) subdivision off of 122 McCall Street. Dave Mance was representing Phil Pappas and presented the project to the Board. He indicated the two parcels. He noted that Parcel B is currently being used by the Paradise Motor Inn as a paved parking area. They are creating a property line within a foot of that fence. They need 10,000 square feet per dwelling unit, so they fall under the PUD regulations. They are proposing to keep the two family home on the 11,000 square feet. The remaining parcel is 22,000 square feet. Lot has two distinct and separate uses separated by a fence. The land being used by the hotel will merge with the hotel property. Malmborg asked if Parcel B is completely paved, and Mance reported that there are a couple of islands and some trees. There are no proposed changes of use. Hörst moved approval as requested. Alderman seconded. The motion passed unanimously. 8. Bennington Tennis Center & Town of Bennington, 200 Lover's Lane, the applicant is seeking development plan approval for an enclosed tennis facility and associated site improvements at the Leonard J. Black Memorial Park. The applicant has supplied the information requested at the prior meeting. Bob Daley, Architect, Tim Smith, Jon Endres, Site Engineer and Seth Gabriel were present. Daley reported that they have identified the handicapped parking spaces per the Board's request. The paved area at the throat of the parking area is now shown with diagonal lines. The drainage patterns are being shown in the form of a note indicated in various locations. The proposed buried 1000 gallon propane tank location was indicated between the facility and the parking area. The additional landscaping to screen the mechanical area has been added, 6 additional white spruce trees. Hörst asked if they were able to obtain any noise readings. Daley explained that they have included a complete study of how they arrived at 39.5 Dbs at the property line, which is less than the maximum allowed during the night in a residential area. Malmborg pointed out that the unit will be considerably smaller and quieter than the unit they used for the test results. Daley noted that the photo metrics are also included in the addendum. The hours of operation are proposed as M-F from 8 AM to 8 PM, Sat 8 AM to 6 PM and Sunday 9 AM to 6 PM. Daley reported that they have also incorporated a graphic scale on the drawings. Morse moved to close the matter to deliberative session. Ray seconded. The motion passed unanimously. 9. State of Vermont, Veteran's Memorial Drive, the applicant is seeking an extension of the permit for the modular office buildings located at Veteran's Memorial Drive to temporarily house the State Offices. A letter was included in the packet from Peter Hack, State Department of Buildings & General Services. Monks and Hörst are serving on a task force with the state to provide a solution for this problem. The Administration will be presenting a proposal to the governor in January. Hörst moved to grant the extension. Ray seconded. The motion passed unanimously. 10. Other Business As there was no further business, Hörst moved to adjourn to deliberative session. Morse seconded. The motion passed unanimously. The meeting was adjourned at 7:21 PM. Respectfully submitted, Robyn Baker Minutes Secretary