town of bennington planning commission minutes 1 veterans memorial drive, bennington, vt 05201 september 20, 2000 @ 7:30 p.m. Commissioners Present: Chairman Donald Hicks, Robert Burgess, Vice Chairman Barry H”rst, Secretary Jim Frechette, Mike Lochner, Dick Cutler, Janet Thompson, and Michael von Ouhl. Excused: Jamie Jerome and Dick Cutler. Also present: Dan Monks, Zoning Administrator; Marcel Donaj, Charles Kiriaji, Jim Colvin, Ed Colvin, Jim Secor, Tony Tomassi, Brian Toomey, Robert Rafone, Dianne Binnick, and Robyn Baker. The meeting was called to order at 7:30 p.m. 1. Minutes of September 6, 2000. ¨ Commissioner Thompson noted that on page 3 the police will be restricted from exiting Wills drive except in emergencies. Commissioner Frechette moved to approve the Minutes of September 6, 2000 as amended. Commissioner von Ouhl seconded. The motion carried unanimously. 2. Charles and Diane Kiriaji, 700 Main Street, design review of sign. A copy of the sign was distributed for review. The sign will be 16 square feet. It will be lit. Mr. Kiriaji noted that the lights are inside the sign. Commissioner Lochner asked and the applicant noted that they would be using the existing sign. Commissioner Frechette noted that they have previously denied internally lit signs in the design review district. Mr. Monks noted that the sign is existing. Commissioner Thompson and Mr. Kiriaji reviewed the colors of the sign. Mr. Kiriaji noted that the sign is on the corner of Pleasant Street and Main Street. Commissioner von Ouhl moved to approve the sign as presented. Commissioner Lochner seconded. The motion passed unanimously. 3. Patrick Ricchi, 140 North Street, design review of sign. Dianne Binnick was present to represent the applicant. Chairman Hicks explained that early this spring Ms. Binnick received the Vonguart award from the Bennington Regional Planning Commission for her services. He explained that this is the most prestigious award the commission gives, and has only been granted three times. Ms. Binnick presented the rehabilitated Hearing Aid Associates sign. She noted that she is not pleased with the location. The sign is putty and is compatible with the building. She felt that the sign should be lower. The signs in that area are all lined up. Commissioner Lochner noted that the sign is not level. Commissioner von Ouhl moved to accept the sign with the stipulation that it be leveled to the Zoning Administrator's satisfaction. Commissioner Lochner seconded. The motion passed unanimously. Mr. Monks and Chairman Hicks noted that the Planning Commission has one more meeting scheduled before the Development Review Board begins to hear such matters. 4. James Colvin, 124 Northside Drive, preliminary site plan review of automobile "Quick" lube service station. Mr. Colvin explained that he is planning a 40' x 46' addition adjacent to the current car wash. There will be two bays with two garage doors in the front and the rear of the building. There is approximately 20 feet of pavement on the northeasterly side of the existing car wash. They will take some of the grass area out of the island to allow for the placement of the addition. Commissioner Lochner asked if they planned on lighting the front. Mr. Colvin noted that they have an existing light and do not plan additional lighting at this point. He will return to the Development Review Board when he develops his sign proposal. Commissioner Burgess asked if the trees are existing. Mr. Colvin noted that he received a permit for this in 1990. There are arborvitae between this property and the adjacent one. Mr. Colvin explained that his neighbor, Mr. Haddad, has expressed no concerns with the project. Mr. Colvin noted that there is a white birch cluster that will remain as well. There are also three evergreen shrubs, which he indicated the location of. He has also planted an evergreen to be decorated at Christmas time, and three burning bushes along the side. Mr. Colvin noted the location of the plantings on his site plan. Commissioner Thompson asked if there would be pass doors, and Mr. Colvin noted that there would be doors in the front and back, but he had no plans for the 46-foot wall, except for decorative blocks. Commissioner Burgess moved to grant preliminary site plan approval as presented with no adverse comments to the Zoning Board of Adjustment. Commissioner von Ouhl seconded. The motion passed unanimously. 5. William H. Morse, Fillmore Street, seeking final subdivision plat approval for a boundary line adjustment between two properties in the above location, an MR District. Subdivision regulations and Sections 3.4 and 4.3 of the Zoning Bylaw apply. Ed Colvin distributed revised plans to the Commission. He explained that there is a 6.6-acre lot owned by Mr. Godak that has been on the market for almost four years. They could not sell it because of the access coming off of Morse Drive. Because they were stymied, he approached William Morse who owns a section about 2/3 of the way down that he formerly deeded to the town for water line valves, and Mr. Morse agreed to sell to the buyers who want to build a single family dwelling on the 6.6 acres. He noted the end of Fillmore Street, and noted that Mr. Morse has agreed to give access to the 165 foot right of way, and has asked for the privilege to use the 165 foot right of way for access to one lot to the right to the 30+ acres that Mr. Morse still owns. Mr. Colvin noted that Mr. Foster has given him verbal exemption from Act 250 action because it is just a lot line adjustment. Commissioner Lochner asked if the movement of the line would create a land locked parcel, and Mr. Colvin noted that they initially wanted just the 50 feet, but discovered that there would be a landlock problem, so they adjusted the plan. Commissioner H”rst asked if this is navigable land, and Mr. Colvin noted that it is. Commissioner H”rst moved to approve the boundary line adjustment as presented. Commissioner Burgess seconded. The motion passed unanimously. 6. Dana Woods, 203 Northside Drive, seeking site plan approval for taxi service office at the above address, a CI District. Sections of the Bylaw applicable: 3.4, 6.1, 8.5. This matter had been postponed by the Zoning Board at their previous meeting. Commissioner Frechette moved to continue the matter for two weeks. Commissioner von Ouhl seconded. The motion passed unanimously. 7. Nastech, 1 Shields Drive, seeking site plan approval for 20' x 40' building to be constructed at the above location, an I District. Sections of the Bylaw applicable: 3.4, 6.0, 6.6, 8.5. Jim Secor noted that they are requesting to erect a 20' x 40' metal sided and roofed storage shed. The building will match the siding of the last addition. The roof will also match. They also plan to remove the old barn that sits on East Road. Commissioner H”rst asked if they take away the existing garage, if the area would be green area. Mr. Secor noted that the house would remain. Chairman Hicks asked if the siding would match, and Mr. Secor noted that it would be the same beige color. He indicated that the building would not be visible from Shields Drive. Commissioner H”rst moved to approve as presented. Commissioner von Ouhl seconded. The motion passed unanimously. 8. Sacred Heart St. Francis deSales Parish, 238 West Main Street, continued from last meeting, site plan review of storage building. Tony Tomassi and Jim Secor presented the plan. Mr. Secor noted that there were some issues raised at the last meeting. Mr. Secor noted the location of the CVPS power lines, and noted that buildings cannot be placed below or within a ten-foot diameter of the lines. He indicated that they propose a 24' by 20' building (formerly 24 x 24) which allows them to maintain the CVPS setback requirements. They have also moved the dumpster away from view, where it will be screened by the new structure. Mr. Secor explained that the area within this section is full of buried conduit so they do not recommend planting above those. There are also snowplowing issues. The maple tree that was planted during the last parking lot expansion will help soften the view of the new building. Commissioner Burgess asked about the pitch of the roof. Mr. Secor noted that it was 8'4" and 14'10" that was previously presented. Commissioner Burgess moved to approve the final site plan as presented. Commissioner H”rst seconded the motion. The motion passed with five in favor. Commissioner Lochner was opposed. 9. Bennington Display Mfg., Inc., 901 Main Street, seeking final site plan approval for doctor's office use of the above address, a VC District. Sections of the Bylaw applicable: 3.4, 6.2, 8.5. Robert Rafone noted that they would be using 2000 feet of the former Bennington Furniture building for a doctor's office on the corner on Main Street and Branch. Mr. Monks noted that this is a change of use. Commissioner Frechette noted that there is a concrete barrier at the rear exit, and Mr. Rafone noted that they do not plan to move the barrier. They plan to change the color of the building to make it appear friendlier. Commissioner von Ouhl moved to approve the site plan as presented. Commissioner H”rst seconded. The motion passed unanimously. 10. Brian Toomey, Harwood Hill, Route 7A, seeking final subdivision plat approval for two lot subdivision of lands in the above location, a RR District. Subdivision regulations and Sections 3.4, 4.0, and 4.1 of the Zoning Bylaw apply. Mr. Toomey proposed that they hope to change the boundary separating the two parcels to the easterly portion of the property, allowing him to build a house on lot 2. The access is through an existing driveway on the south side of the property. The right of way is recorded. Commissioner von Ouhl asked if the right of way would continue if the property was sold and the applicant noted that it would. Commissioner H”rst asked if there was swamp near the apple tree, and Mr. Toomey noted that north of his property is grown up, but they could put a drive on their property if necessary. Commissioner H”rst moved to grant the subdivision as requested. Commissioner von Ouhl seconded. The motion passed unanimously. 9. Other Business ¨ Mr. Monks read the warning for October 4, 2000. ¨ Mr. Monks distributed information on seminars on Planning and Zoning issues. ¨ Commissioner Frechette asked the status of the demolition order for the stucco house. Mr. Monks noted that as long as the building is secure it could remain. The Building Inspector has certified that the building is secure. ¨ Commissioner von Ouhl asked about the Aldi curb cut. Mr. Monks noted that they do not have a formal decision. ¨ Mr. Monks reported that Mr. Williams sent a letter concerning the Morse property on Northside Drive. They have changed the designation, and in order to make it legal they need a change in the Zoning Bylaw. Two warned Planning Commission hearings are necessary, perhaps one, and then passed to Select Board. Mr. Monks suggested that they make minor changes to the map along with this change. The Planning Commission is ongoing, and they can take action tonight. This regards the property immediately adjacent to the current Price Chopper. The boundary line is right at the current Price Chopper. Mr. Monks noted that he would have the Regional Planning Commission change the lines, and he would look into the warning period. ¨ Commissioner Frechette noted that turning lanes with signalization at the County and Park intersections are necessary. As there was no further business, Commissioner H”rst moved to adjourn. Commissioner Thompson seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:25 P.M. Respectfully submitted, Robyn C. Baker