town of bennington zoning board of adjustment minutes 1 veterans memorial drive, bennington, vt 05201 January 12, 2000 @ 7:30 p.m. Present: Ron Alderman, Gale Wisher, Richard Owens, Jim Gulley, Bill Congdon, Bill Barney, and Kevin Goodhue. Excused: Jane Kaufmann and Edith Prandini. Also present: Zoning Administrator Daniel Monks, Tom Whittaker, Debbie Berg, Harvey Yorke, Randy Maxon, Jim Secor, Mike von Ouhl, Patrick McArdle, Justin Amadon, Robyn Baker and about twelve members of the community. The meeting was called to order at 7:30 p.m. 1. Minutes of December 8, 1999. Mr. Owens seconded the motion to adjourn not Mr. Alderman. Mr. Owens moved to accept the minutes of December 8, 1999 as amended. Ms. Wisher seconded the motion. The motion passed with six in favor, Mr. Goodhue abstained, as he was not present at the meeting. 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. Putnam Memorial Health Corp., Henry Randall, Murphy Road, seeking amendment to previously granted conditional use approval for residential care facility to allow a change from municipal water source to on-site water supply at the above location, an RCON District. Sections of the Bylaw applicable: 3.4, 4.1. Mr. Gulley noted that the applicant has asked for a continuance. Mr. Secor noted that the state engineer was unable to attend the meeting to answer questions. The meeting will be scheduled for January 26. Mr. Alderman moved to continue the matter until January 26, 2000. Ms. Wisher seconded the motion. The motion passed unanimously. 4. Michael Amadon, 121 Branch Street, seeking a variance of living unit density requirement to convert single family dwelling to duplex at the above address, a VR District. Sections of the Bylaw applicable: 3.4, and 4.2. Justin Amadon presented his proposal to the Board. He explained that he was required to have three parking spaces and minimum lot size in order to change to a dual occupancy home. He would like to purchase the home from his parents. Mr. Amadon indicated the existing parking for two cars, and is proposing widening the driveway to allow two cars to get in and out. He wants to rent as a single occupant apartment, and does not feel that there will be multiple cars parked there. Mr. Gulley noted that the applicant needs 20,000 square feet and has 5,272 square feet. The variance would be in excess of 14, 000 square feet. The applicant noted that there are several multi-family homes in the neighborhood that do not meet lot size requirements. Mr. Barney asked if the applicant would be physically changing the size of the building, and he indicated that he was not. He noted that the home was previously a dual occupancy home. Mr. Amadon applicant noted that the building inspector has visited the house and let him know what needs to be done to meet building regulations. Mr. Alderman asked if there was an existing kitchen and bath upstairs, and the applicant noted that the plumbing and wiring still existed for the kitchen, but the sink and appliances would need to be installed. Ms. Wisher moved to grant the 14,773-foot variance as requested. Mr. Alderman seconded the motion. Mr. Goodhue asked how many feet there would be between the proposed driveway and the house, and the applicant estimated it would be 25 feet. He noted that visitors currently park on the lawn. Mr. Goodhue asked about parking on Branch Street, and the applicant noted that there was no parking on Branch Street. He also noted that his grandparents live to the rear of the property, and they currently have access to that parking. The five facts were read and voted on: 1. There were six in favor. Mr. Gulley was opposed. 2. Unanimous. 3. There were six in favor. Mr. Gulley was opposed. 4. Unanimous. 5. Unanimous. 5. Andrew Crosier, 800 Gage Street, seeking approval of a change of non- conforming use from business office use to a retail service use (tanning salon) at the above address, a VR District. Sections of the Bylaw applicable: 3.4, 4.2, and 8.1. Mr. Gulley excused himself from the hearing, as he is an abutting landowner. Mr. Crosier and Tim Shays presented the project to the Board. Mr. Crosier noted that Mr. and Ms. Shays will be operating TJs Tanning and Body Works. He noted that this would be a daytime and evening business, but there will not be any parking on the street. He noted that there would be no physical changes to the building. Mr. Shays noted that they have been running the business from Main Street, but feel that this would be a more economical place to operate the business. He noted that he needs space for three vehicles, as he has three tanning beds and one massage room. He noted that the customers would be parked on the Bradford Street side of the building. He noted that the sessions last for twenty minutes. Mr. Crosier noted that the property was previously a grocery store, which generated more traffic than they expect this business to generate. Mr. Crosier noted that there is legal parking on all four corners of the street. He noted that he makes an effort to keep the snow cleared in front of the business. He also plows along the outside of the recreation park fence. Mr. Shays noted that his busy months are February through June. Mr. Alderman asked if anyone was living at the property. Mr. Crosier noted that the duplex is to the right of the store space. There are different addresses. Mr. Alderman and Mr. Shays briefly discussed the letter Mr. Shays wrote addressing on-street parking. Ms. Wisher asked about the previous zoning hearing, and Mr. Monks explained that this was also a change of non-conforming use from a professional office space to a retail service use, not both uses at the same time. Mr. Crosier noted that Mr. Shays might be putting a window on the side of the building looking down Gage Street. Mr. Alderman moved to grant approval for the change of non-conforming use. Ms.Wisher seconded the motion. The motion passed unanimously. 6. Tim Clark, 219 Depot Street, seeking a variance of living unit density requirement to convert an existing three-unit apartment building to a four-unit apartment building and an existing single family dwelling to a duplex at the above address, a MR District. Sections of the Bylaw applicable: 3.4, 4.3, and 8.5. Mr. Clark presented his project to the Board. He explained that they are seeking a variance for the minimum lot size requirement for the density of the lot. They have one third of an acre. He indicated the existing parking and gravel driveway. He noted that they have ample parking for six units. He noted that the three unit building would become four, and the back cottage would become two units. Mr. Goodhue asked if this was located on the corner of County and Depot, and the applicant noted that it was about five houses down. Ms. Wisher felt that it would be difficult to turn around in the driveway, and must back out. Mr. Clark noted that he turns around and drives out. He noted that he has one tenant with a car. He feels that if the tenants park according to the plan, there is space for them to turn around. He noted that there was a series of sheds that were removed about a year ago that created potential room to back around. Mr. Gulley noted that he did a drive-by, and is concerned that people will back out into the street. Mr. Alderman asked how wide the parking spaces were. Mr. Monks noted that each space was 10' x 18' wide. Mr. Gulley and Ms. Wisher both felt that they would like to look at the property before they make a decision. Mr. Alderman agreed. The rest of the Board also agreed to make a site visit. Mr. Goodhue asked if there was a dumpster, and the applicant noted that they use trash barrels and have not considered using a dumpster. The Board agreed to visit the site before the next meeting. Mr. Goodhue moved to continue the matter until January 26, 2000 pending the site visit. Ms. Wisher seconded the motion. The motion passed unanimously. 7. Other Business ¨ Findings of fact and minutes were passed around and signed. ¨ Mr. Monks noted that there was no warning for the next meeting, but they would be meeting as they have had some matters continued until then. ¨ Mr. Gulley reported that there is a Planning and Zoning Workshop to be held at the Town Hall in Arlington put on by the Bennington County Regional Commission. ¨ Mr. Goodhue asked about the impound area behind the former police facility. Mr. Monks noted that they would be removed, and there is a site being developed outside of town for the storage of impounded vehicles. ¨ As there was no further business Mr. Gulley moved to adjourn the meeting. Ms. Wisher seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:13 P.M. Respectfully submitted, Robyn C. Baker Dated this 12th day of January 2000. _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________