TOWN OF BENNINGTON ZONING BOARD OF ADJUSTMENT MINUTES 1 VETERANS MEMORIAL DRIVE, BENNINGTON, VT 05201 OCTOBER 27, 1999 @ 7:30 P.M. Present: Ron Alderman, Kevin Goodhue, Gale Wisher, Richard Owens, Jim Gulley, Bill Congdon, Bill Barney, and Edith Prandini. Excused: Jane Kaufmann Also present: Zoning Administrator Daniel Monks, Him Secor, Bill Collins, Mike von Ouhl, and Robyn Baker. The meeting was called to order at 7:30 p.m. 1. Minutes of October 13, 1999. Ms. Prandini moved to accept the minutes of October 13, 1999 as presented. Mr. Goodhue seconded the motion. The motion passed with seven in favor. Ms. Prandini 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 withdrawal. Mr. Alderman moved to accept the applicant's request for withdrawal without prejudice. Mr. Goodhue seconded the motion. The motion passed unanimously. 4. Tansitor Electronics, West Road, seeking approval 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. Ms. Wisher moved to grant the applicant a continuance until November 10, 1999. Mr. Gullev seconded the motion. The motion passed unanimously. 5. Bennington Rescue Squad, 120 McKinley Street, seeking conditional use approval for a 147'8" addition to Bennington Rescue Squad building at the above address, an OA District. Sections of the Bylaw applicable: 3.4, 4.5. Mr. Secor presented the project to the Board. Bill Collins, President of the Bennington Rescue Squad was also present. He explained that they would like to construct an additional bay on the end of the existing rescue squad garage to house an additional emergency vehicle. There will not be any change to the existing curb cut. He noted that the large maple tree would remain, and they would be cutting the grass area out and paving it. The small green space in the rear would also be removed and paved. The traffic lane will be cut to 24', which will still allow for two lanes of traffic and a small green space on the side of the building. The existing shrubs will be relocated as a buffer along the property line. They will attempt to relocate the other large maple tree, but if it does not survive it will be replaced. Mr. Secor noted that the construction will match the existing building. There will be on metal halide light fixture. Ms. Prandini moved to grant the conditional use as requested. Ms. Wisher seconded the motiotn. The motion passed unanimously. 6. Other Business * Findings of fact and minutes were passed around and signed. * Mr. Monks read the warning for the next meeting: The Town of Bennington, Zoning Board of Adjustment will hold a regular meeting on Wednesday, November 10, 1999 at 7:30 P.M. in the District Court, located at One Veterans Memorial Drive, Bennington, Vermont. The purpose of the meeting will be to conduct regular business and to hold a public hearing on the following: Gerald and Priscilla Butler, 308 County Street, seeking interpretation of the Village Commercial Zone as set forth in Section 6.2 of the Zoning Bylaw, allows a building contractors workshop and associated uses as a permitted or conditional use. Andre Zemianeck, Mount Anthony Road, seeking a variance of front yard setback to construct a 8' x 16' addition at the above address, an Agricultural District. * Mr. Monks informed the Board that the Act 250 permit was granted for the Price Chopper site plan. Ms. Hoisington and Mr. Gladstone were denied party status by the Environmental Commission. He noted that the appeals of both the Planning Commission's and Zoning Board's decisions were still pending a decision by the Environmental Court. * Ms. Prandini asked Mr. Monks to explain to the public about the colors of McDonalds, and why the Planning Commission sometimes has control over colors. Mr. Monks noted that the Downtown Design Review District was subject to Planning Commission approval of colors and other design features, but outside of that district, the Planning Commission does not have jurisdiction over color. * Mr. Gulley asked Mr. Monks if there was any further information about the Design Review Board, and Mr. Monks noted that the Select Board has a committee studying the matter. Mr. Monks agreed to notify the Board if the Select Board scheduled a hearing on the matter. As there was no further business, Ms. Prandini moved to adjourn the meeting. Ms. Wisher seconded the motion. The motion passed unanimously. The meeting was adjourned at 7:40 P.M. Respectfully submitted, Robyn C. Baker Dated this 31st day of October 1999.