BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY MULTI-PURPOSE ROOM - 3RD FLOOR 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, MARCH 22, 2004 MINUTES BOARD MEMBERS PRESENT: Joseph Krawczyk, Jr.-Vice-Chair; Lodie Colvin; Michael Lochner; Scott Creedy and James Gulley. ALSO PRESENT: Stuart Hurd-Town Manager; Dan Monks-Planning Director; William Colvin; Barry Horst; Michael Devens; Michael McDonough; Mark Wilson; Margaret Campbell; Keith Martin, Bob Burgess; Peter Crabtree-Rutland Herald; Laura Raskin-Bennington Banner and Nancy Lively-Recording Secretary. At 7:00 P.M., Joseph Krawczyk, Jr. called the meeting to order. 1. MINUTES - FEBRUARY 23, 2004 MINUTES - MARCH 3, 2004 Scott Creedy moved and Michael Lochner seconded to approve the Minutes of February 23, 2004 as submitted. The motion carried with James Gulley abstaining. James Gulley moved and Lodie Colvin seconded to approve the Minutes of March 3, 2004 as submitted. The motion carried unanimously. 2. WARRANTS The warrants were circulated for signatures. Scott Creedy moved and James Gulley seconded to accept the Warrants as submitted. The motion carried unanimously. 3. CITIZENS None. 4. DISCUSSION - PLANNING COMMISSION INTERIM ZONING & PLANNED COMMERCIAL DESIGN STANDARDS Dan Monks explained that the Planning Commission was requesting that the Select Board adopt the Planned Commercial District Design Standards as approved by the Planning Commission on March 17, 2004 for public hearing. Mr. Gulley objected to the statement "The Design Review Board reserves the right to retain a licensed architect, at the applicant's expense", and reworded it to "The Design Review Board reserves the right to go back to the Planning Commission before retaining a licensed architect, at the applicant's expense, for small businesses". The board concurred. Mr. Lochner suggested that the design assistance program that is presently only available for downtown projects be extended to any small business, regardless of location. Mr. Hurd distributed some renditions that the consultant had done using the design standards for some of the new and existing construction on Northside Drive. They will be posted on the internet and in the town offices. James Gulley moved and Lodie Colvin seconded to accept the following Resolution: RESOLUTION OF THE SELECT BOARD TO CONDUCT A PUBLIC HEARING TOWN OF BENNINGTON, VERMONT WHEREAS, The Bennington Select Board has reviewed the proposed Design Standards for the Planned Commercial District; and WHEREAS, The Select Board Proposes that: A) The Planned Commercial District be designated a Design Control District; and B) The Design Standards for the Planned Commercial District shall become a part of Bennington's Land Use and Development Regulations; and C) All development within the Planned Commercial District shall comply with the Design Standards for the Planned Commercial District; and D) The Development Review Board shall serve as the Design Review Board for the Planned Commercial District Design Standards and shall determine compliance with the Planned Commercial District Design Standards. NOW, Therefore, be it Resolved, that the Bennington Select Board conduct a Public Hearing on April 26, 2004 at 7:15 p.m. at the Bennington Fire Facility, Lincoln and River Streets in Bennington, Vermont for the purpose of considering the proposed Design Standards attached hereto along with the proposals contained in this Resolution, and that all public notices required by law be posted, published and/or mailed. Dated this 22nd Day of March, 2004 Town of Bennington Select Board. The motion carried unanimously. Mr. Monks stated that the Planning Commission has recognized two major issues of immediate concern regarding development in the Planned Commercial and Urban Mixes Use Districts - a) Aesthetic issues regarding all new and renovated structures and sites and b) Appropriate regulation of "Big Box" retail uses. The Planning Commission suggests the following recommendations for immediate action: 1. The Planning Commission recommends that the Select Board adopt a resolution to hold a public hearing regarding adoption of the Design Standards for the Planned Commercial District. This has just been done above. 2. The Planning Commission recommends that the Select Board adopt a resolution to hold a public hearing regarding adoption of the following Interim Bylaw provisions: a) In the UMU District, the following additional standards shall apply and be administered in the same manor as the Supplemental District Standards set forth in Table 3.4 of Bennington's Land Use and Development Regulations: i) Development involving the demolition, renovation or alteration of an historic structure shall be reviewed in accordance with the standards and procedures set forth in Table 3.19 (Historic Central Bennington Design Review District) of Bennington's Land Use and Development Regulations. * A list of historic structures exists and any structure over 50 years old is on it. * All historic structures have unlimited retail use. * Historic structures can be torn down if replaced with "a structure of equal or better quality". * Windows can be replaced in an historic structure but the window openings cannot be modified. ii) Development that does not involve the demolition, renovation or alteration of an historic structure shall comply with the Planned Commercial District Design Standards. b) In all Zoning Districts, no single retail store (including, but not limited to, a retail establishment use as defined in Bennington's Land Use and Development Regulations) whether located in a single building, combination of buildings, single tenant space and/or combination of tenant spaces shall exceed 50,000 (fifty thousand) gross square feet of floor area in the aggregate. * Many stores are already over 50,000 square feet - Home Depot is 90,000 square feet. * The Regional Planning Commission sees square footage as an issue, but have no cap in place. * The Board agreed to add "except in the Planned Commercial District the limit shall be 75,000 square feet" at the end of the sentence. c) For each lot in the UMU District, the gross building square footage of retail establishment uses established after the effective date of this Interim Bylaw shall not exceed 50% of the total gross building square footage located on such lot. Such calculation shall not include retail establishment uses established as an adaptive reuse of an historic structure. * Ms. Colvin sees this paragraph as "counterproductive" and would like to see it stricken. If retailers are expected to use 50% of their buildings for other than retail use, "effectively you've killed retail". * This applies to new construction only. * The public is opposed to restrictions. * Mr. Creedy thinks this is a positive idea, but not sure if 50% is the number to be used. * Michael Devens feels that not all 50 year old buildings are "historic", the north end of Ben Mont Avenue should lose the historic label and the cap everywhere should be 75,000 square feet. * Mark Wilson stated that there are many new businesses on Ben Mont Avenue that are not of the "Mom and Pop" variety and the historic element restricts what the homeowners can do with their homes. * Michael McDonough reminded everyone that it was a benefit to have an historic structure because it allowed you to have a retail business in that building. That has been superceded by the Select Board making the historic classification a moot point. Mr. McDonough feels that the Interim Bylaw gives us "breathing room" before the adoption of the permanent bylaw and warns not to make the cap too high. He also urged the Board to "maintain the intent of the Town Plan on Ben Mont Avenue". * Margaret Campbell feels the cap should remain at 50,000 square feet and recommended that someone from the Historic Preservation Commission review the buildings on Ben Mont Avenue. * Mr. Creedy asked if a strip mall could be built on Ben Mont Avenue, and Mr. Monks said the Development Review Board would have control of that. * Barry Horst stated that the Town Plan needs to be adjusted and will be adopted in 2005. * Bob Burgess clarified that economic impact statements are not part of the Interim Bylaw but should be done. * Keith Martin recommended that all businesses under 75,000 square feet not be required to do an economic impact study, and all businesses over 75,000 square feet be required to. Michael Lochner moved and Scott Creedy seconded to adopt the Interim Bylaw Proposal A) as submitted. The motion carried unanimously. Michael Lochner moved and Scott Creedy seconded to adopt the Interim Bylaw Proposal B) amended as follows: Add at the end - "and 75,000 (seventy five thousand) in Planned Commercial District". The motion carried unanimously. Lodie Colvin moved and Michael Lochner seconded to delete the Interim Bylaw Proposal C). The motion carried with Scott Creedy opposed. Lodie Colvin moved and James Gulley seconded to adopt the following Resolution: RESOLUTION OF THE SELECT BOARD TO CONDUCT A PUBLIC HEARING TOWN OF BENNINGTON, VERMONT WHEREAS, The Town of Bennington is conducting studies to address the following immediate land use concerns: A) Aesthetic issues regarding new and renovated structures and sites in the Planned Commercial and Urban Mixed Use Zoning District; and B) Regulation of so called "Big Box" retail uses; and WHEREAS, based on the results of such studies the Planning Commission is actively working to amend Bennington's Land Use and Development Regulations (Zoning Bylaw and Subdivision Regulations) to address the immediate concerns stated above; and WHEREAS, Vermont State Statutes (24 VSA § 4410) authorizes the Select Board to adopt Interim BylawProvisions after public hearing upon public notice to address the immediate concerns stated above; and WHEREAS, the Select Board proposes the adoption of the attached Interim Bylaw Provisions. NOW, Therefore, Be It Resolved that the Bennington Select Board conduct a Public Hearing on April 12, 2004, at 7:15 P.M. at the Bennington Fire Facility, Lincoln and River Streets, in Bennington, Vermont for the purpose of considering the proposed Town of Bennington Interim Zoning Bylaw Provisions, attached hereto, and that all public notices required by law be posted, published and/or mailed. Dated the 22nd Day of March, 2004 Town of Bennington Select Board. The motion carried unanimously. 5. 210 SOUTH STREET TAX STABILIZATION AGREEMENT Michael Lochner moved and James Gulley seconded the approval of the five year Tax Stabilization Agreement with Applejack Development LLC for 210 South Street as submitted. The motion carried unanimously. 6. 2004 LIQUOR LICENSE RENEWAL APPLICATIONS The 2004 Liquor License Application for Peppermill's of Bennington was circulated for signatures, as well as, the following 2004 Liquor License Renewal Applications: 1. The Apple Barn 2. East Road Variety 3. Kevin's at Mike's Place III (c) 4. Kevin's at Mike's Place 5. Krush, Inc. 6. Mt. Anthony Country Club (c) 7. Mt. Anthony Golf & Tennis Club 8. Yott's Market, Inc. 7. BOARDS & COMMISSIONS OPENINGS ANNOUNCEMENT Mr. Hurd stated that the following Boards and Commissions positions will be opening with a Letter of Intent from interested parties due in the Town Office by noon on April 2, 2004: Constables - 2 positions Development Review Board - 3 full positions, 1 alternate Downtown Improvement District Commission - 2 positions Historic Preservation Commission - 3 positions Housing Authority - 2 positions Board of Listers - 3 positions Planning Commission - 1 position Regional Commission - 1 position Town Service Officer - 1 position 8. MANAGER'S REPORT Mr. Hurd stated that the Paran Recreations Association is seeking additional help for weed control in Lake Paran. The Town has been providing $3,000/year for over 20 years. It was the consensus of the Board that more information is needed - How much is the cost of maintaining the Lake? What are the Lake Paran users fees? Exactly how long have we been providing $3,000 to them and how does inflation affect that number? Mr. Hurd will gather this information and report back to the Board. Lodie Colvin moved and James Gulley seconded to appoint the Town Manager as authorized representative for the Water Facility Project. The motion carried unanimously. The application for the first $2.0 million was circulated for signatures. Lodie Colvin moved and James Gulley seconded to close these streets and authorize use of Town Property on the following days: * May 29, 2004, Mayfest, close Main Street from Four Corners to Valentine Street, 7 am - 7 pm; also close the block of School Street at intersection of Main, 7 am - 7pm. * July 15, 2004, Midnight Madness, close Main Street from Four Corners to Valentine Street, 6 pm to 12 midnight. * The Walloomsac Farmers' Market wants to use the Bennington Station parking lot on Saturdays from 9 am to 1 pm. The Market will run from Saturday, June 19, 2004 to Saturday, October 16, 2004. The motion carried unanimously. Mr. Lochner stated that the Better Bennington Corporation must assure the Town that the entertainment at each of these events is suitable for every member of the community. Mr. Hurd noted that they are already aware of last year's situation and are prepared to see that that doesn't happen again. Mr. Hurd stated that work crews from the Department of Corrections will be mowing the cemeteries and town lands with their own equipment - we pay only an hourly rate for labor. We would also like them to do some highway work but Mr. Hurd must meet with the union representatives before a decision can be made in that area. The Senior Center will refund trip costs only if the vendors do. Water and Sewer bills are due March 31, 2004. Any delinquent accounts over $500 will receive a shutoff notice after April 1, 2004 with actual shutoffs taking place throughout April into mid-July. 9. OTHER BUSINESS Mr. Gulley would like to put delinquent tax and water and sewer amounts in the Annual Report. Mr. Gulley also asked what resurfacing plans were in place, and Mr. Hurd answered that Ore Bed Road and River Road suffered much damage. We hope to begin shortly after July 1, 2004 if financing is available. If not, assessments will have to be made. Ms. Colvin stated that Ron Hall extended his thanks to the voters and congratulations to Chris Oldham. Mr. Lochner would like a letter submitted to the school district to find out what their plans are for a sidewalk to the middle school so that this doesn't become a "crisis" situation this summer. Mr. Hurd and Mr. Monks will send a letter to the Mt. Anthony Board Chair. Mr. Krawczyk stated that paving money will be coming to the towns early with extra money there for Bennington and North Bennington. At 8:40 P.M., Michael Lochner moved and Lodie Colvin seconded to go into Executive Session to discuss Real Estate/Litigation and Personnel. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary