TOWN OF BENNINGTON ZONING BOARD OF ADJUSTMENT MINUTES 1 VETERANS MEMORIAL DRIVE, BENNINGTON, VT 05201 OCTOBER 13, 1999 @ 7:30 P.M. Present: Ron Alderman, Kevin Goodhue, Gale Wisher, Richard Owens, Jim Gulley, Bill Congdon, Bill Barney, and Jane Kaufmann. Excused: Edith Prandini. Also present: Zoning Administrator Daniel Monks, Tim Hewson, Ralph Prouty, Mike yon Ouhl, and Robyn Baker. The meeting was called to order at 7:30 p.m. 1. Minutes of September 22, 1999. Ms. Kaufmann moved to accept the minutes of September 22, 1999 as presented Mr. Barney seconded the motion. The motion passed with six in favor. Mr. Goodhue abstained. 2. Reading of witness' oath. Mr. Gulley explained that there is a witness sign up sheet that must be signed if someone wishes to give testimony or submit evidence to the Board. He read the oath: "I solemnly swear and affirm under the pains and penalties of perjury that the statement I make, the testimony I give, and other evidence I submit to the Zoning Board of Adjustment at the Board's public hearing held on this date shall be true and correct to the best of my knowledge and belief." 3. Robert Comalli, West Road, request for continuance. Ms. Kaufmann moved to grant a continuance until October 27~ 1999. Ms. Wisher seconded the motion. The motion passed unanimously. 4.Dorothy Hewson, 946 Gage Street, request for variance of side yard setback requirement to construct a porch, a MR District. Sections of the Bylaw applicable: 4.35. Tim Hewson, the applicant's son presented the project to the Board. He explained that she would like to construct a 5' x 16' porch on the house so that she can sit outside. He noted that there was a letter from the abutting landowner stating that he has no objections to the construction of the porch. Ms. Kaufmann moved to grant the three-foot side yard setback variance as requested. Mr. Goodhue seconded the motion. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 5. Ralph and Edna Prouty, 78 Oakes Street, request for variance of side yard setback requirement to construct a garage. Mr. Prouty presented his project to the Board. He explained that he would like to construct a 12' x 28' garage that would be attached to his existing home. He submitted a letter from his neighbor, Tim Tifft, stating that he has viewed the plans for the garage and has no objection to them. He explained that his lot size is too narrow to relocate the garage, and that there is a steep bank behind his house, preventing him from locating it there. Ms. Kaufmann moved to grant the side yard setback variance as requested. Ms. Wisher seconded the motion. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 6. Other Business - Findings of fact and minutes were passed around and signed. - Mr. Monks read the warning for the next meeting: Tansitor Electronics, West Road, seeking approval for of an expansion of a non- conforming manufacturing use at the above location, the Route 9 Corridor Overlay in the RCON District: Sections of the Bylaw applicable: 3.4, 4.1, 8.1, and 8.5. Mr. Monks noted that he has already received a request for a continuance for this matter. Bennington Rescue Squad, 120 McKinley Street, seeking conditional use approval for 14' 8" x 42' addition to the Bennington Rescue Squad building at the above address, an OA District. Sections of the Bylaw applicable: 3.4, and 4.5. Mr. Monks informed the Board that Ted Gladstone and Kathy Hoisington have appealed the decisions of both the Zoning Board of Adjustment and the Planning Commission's decisions about the Price Chopper/Monument Plaza proposal. He also informed the Board that Mr. Gladstone and Ms. Hoisington are also attempting to claim party status to the Act 250 hearings. Ms. Kaufmann felt that they had been thorough in their review. Ms. Wisher asked why Mr. Gladstone and Ms. Hoisington had not attended the hearing if they had concerns. Mr. Monks noted that the only basis for appeal of the Zoning Board's decision is whether or not the five facts were accurately considered. As there was no further business, Ms. Wisher moved to adjourn the meeting. Mr. Goodhue seconded the motion. The motion passed unanimously. The meeting was adjourned at 7:50 P.M. Respectfully submitted, Robyn C. Baker Dated this 13th day of October 1999.