town of bennington zoning board of adjustment minutes 1 veterans memorial drive, bennington, vt 05201 february 9, 2000 @ 7:30 p.m. Present: Ron Alderman, Gale Wisher, Richard Owens, Jim Gulley, Bill Congdon, Bill Barney, Edith Prandini, and Kevin Goodhue. Also present: Zoning Administrator Daniel Monks, Mike von Ouhl, Mary Dermody, Jenny Kimberly, Lani Lovisa, Mark Stevenson, Colleen Zimpfer, Mark Zimpfer, Mark Kevorkian, Tom Husser, Cynthia Wyman, David Wyman, Kevin McDonald, Gordon Black, Bill Tronsen, Leon Jacobs, Ted Rivers, Audrey Petruca, Vince Chiorgno, Paul Dolmetsch, Robyn Baker and about fifty-five members of the community. The meeting was called to order at 7:30 p.m. 1. Minutes of January 26, 2000. Mr. Goodhue noted that he voted no on the third of the five facts under Item 3, the Clark matter, not Mr. Barney. Ms. Wisher moved to accept the minutes of January 26, 2000 as amended. Mr. Goodhue seconded the motion. The motion passed with six in favor. Ms. Prandini abstained, as she was not present. 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. Cynthia Wyman, South Stream Road, seeking variance of side yard setback requirement to construct a storage shed at the above address, an RCON District. Sections of the Bylaw applicable: 3.4, 4.1. Cynthia and David Wyman were present. Mr. Wyman presented the project to the Board. He indicated the location of his property on South Stream Road. He indicated the location of the flood plane, and the potential space for the Bypass. They have proposed this location because it is the highest piece of the property. He indicated that the building is 15 feet back from the corner, the 14 feet represents the drip line. The floor will be about 2.5 feet above the flood plane. Mr. Alderman asked the size of the shed, and the applicant noted that it was 12 x 12. The matter requires a 16-foot variance. Mr. Gulley asked about the siding, and Mr. Wyman noted that there was no foundation, but was made of four pieces of telephone pole, sided with cedar clapboard, and asphalt shingles on the roof. They plan to use the shed to house two pigs, garden tools, bicycles, etc. Ms. Prandini moved to approve the 16-foot variance as requested. Mr. Alderman seconded the motion. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 4. Watering, Inc., Dermody Road, seeking conditional use approval for four recreational/sports fields at the above location, an RCON District. Sections of the Bylaw applicable: 3.4, 4.1. Mark Kevorkian, Tom Husser and Gordon Black were present to make the proposal to the Board. He explained that Terry Erich is loaning the land to them for use as four athletic fields, entirely for youth soccer and lacrosse. The fields would be used from mid-April through June for lacrosse and Monument Soccer league. Also the last week of August through the second or third week of October. Mr. Kevorkian noted that many children are interested in playing these sports. He also indicated that they are losing the Price Chopper field, and will have no place for third and fourth grade children to play. He indicated that the land is very flat and very conducive to playing fields. He indicated the elevation of the four fields. He noted that the YMCA of Southwestern Vermont will reach an agreement with the organizations that are using the fields, so that the fields will be maintained mowed, lined, trash removal, etc. The fields would be scheduled so that they would know which teams would be on the fields. There will be no parking on Dermody Road. There is a strip of grass and fairly new trees, then a slight ditch, then the field. They propose to put two culverts to give them 100 to 150 feet and a driveway going through on which they would place crushed slate, as it is the least conducive to dust. They would expect no more than 30 or 40 cars at any time, while there is room for approximately 200 cars. They plan to rotate the parking so that the grass does not get worn down. They want to alter the land as little as possible, so that the field will be in the same condition when they are finished. At the entrance and egress there will be posts, with locked cables across them, so that it will not be accessible. Mr. Gulley asked the size of the fields, and Mr. Kevorkian noted that they are 120 x 60, standard size soccer fields. Mr. Gulley asked if the matter was passed to them from the Planning Commission with four fields or three, and Mr. Monks noted that the Planning Commission felt that there should be three fields, not four. Mr. Kevorkian noted that they have room for four fields, but felt that it would not increase traffic. They plan to have three fields available for use, with one field always resting in order to keep them in good condition. Mr. Gulley asked how many fields there are at Price Chopper, and Mr. Kevorkian noted that there are two. Mr. Husser felt that they have adequate parking. Mr. Gulley was concerned with the number of cars in the neighborhood. Mr. Black agreed that there is the potential for 45 cars, but felt that it would be rare that there would be three fields in use at any time. The lacrosse season is from April to June. For nine months of the year, they would only be using two of the fields that could conceivably in use. Mr. Black hoped that they would not put a condition limiting them to less than 45 cars. Mr. Kevorkian noted that they have the fourth and fifth grade games in the fall on Saturdays that would represent the same amount of traffic that they have at Price Chopper. Mr. Kevorkian felt that the sixth grade teams and older might have 15-18 players on it. Youth league soccer has six a side, perhaps 11-12 players per team. Mr. Kevorkian noted that one of the Monument Teams has one team that has students who are old enough to drive. Mr. Alderman asked if there would be any structures on the land, and Mr. Kevorkian noted the proposed location of the portable toilet. There will be an 8-foot natural fence around it, and something that grows quickly will be planted around it. It will be removed during the off-season. They will be using the field for April, May, June, August, September, and October. Mr. Alderman asked the size of the lot, and Mr. Kevorkian noted that it was 14 acres. Mr. Monks noted that they would be contacting Warren Foster, the Act 250 coordinator, for him to determine if the proposal requires Act 250 review. Ms. Prandini asked if there was a long-term agreement to purchase the land, and Mr. Kevorkian indicated that there was not. He explained that the lines would disappear as the grass grew. She also asked about the crushed slate, and Mr. Husser indicated that it is finely crushed, and it packs down. The slate would probably have to be removed when they were done using the field. Ms. Wisher asked if the cable would be locked when the field is not in use, or just after dark, and Mr. Kevorkian noted that it would be locked when not in use. Mr. Barney asked how much regrading was necessary. Mr. Kevorkian noted that two of the fields stay on the same level. The two fields in the rear require about one to two yards down over fifteen yards. Mr. Barney asked who would lock the cable after the games, and Mr. Kevorkian indicated that the coaches would be responsible, but that both he and Mr. Husser live in the vicinity, and will be checking on the cable until the practice is established. Mr. Goodhue asked how far the closest house is to the field, and Mr. Kevorkian noted that it was approximately 150 yards. There is an old shed indicated on the plan. Mr. Owens asked if there would be practices during the week, and Mr. Kevorkian noted that there would be after school use until dusk, approximately four to five nights per week. Ms. Wisher asked if there are games scheduled on both Saturdays and Sundays. Mr. Kevorkian noted that there are no fall games on Sundays, but in the spring there are. Ms. Wisher asked how late the games run, and Mr. Husser noted that they could play until dusk. Mr. Black noted that current scheduling has been based on the use of one or two fields. Ms. Wisher asked how long it takes to play a game, and Mr. Kevorkian noted that it takes up to an hour and 45 minutes. Mr. Goodhue asked about Howard Park in Shaftsbury, and asked if there were problems with traffic or noise there, and the applicants felt that there were not, as the park is fairly secluded. Mr. Gulley asked if they are aware that the land is designated as agricultural land, as is presently being used for that purpose. Mr. Gulley asked if field could revert to agricultural use after it is abandoned. Mr. Kevorkian noted that there are undulations in a field, but they would be responsible for cutting any swath off so that it could be used. Mr. Black felt that there would be no reason a farmer could not go back in and farm the property as they do now. Ms. Wisher asked if the neighbors of the field by Price Chopper had any complaints, and Mr. Kevorkian noted that one home is owned by the landowner that granted them permission, and another is owned by a family that enjoys the soccer games. Ms. Wisher asked when the field would be mowed, and Mr. Kevorkian noted that they would bid out the mowing, during the day, probably weekly. Ms. Prandini asked if the area was surrounded by hedgerow, and Mr. Kevorkian noted that the hedgerow was sparce, but approximately 15 feet wide. Mr. Gulley asked, and the applicants noted that there are two houses directly across the road from the field. They indicated the location on the plan. Ms. Prandini noted that there is 1,070 feet of frontage. Mary Dermody addressed the Board. She indicated the location of her home on the plan, and noted that she is the abutting landowner to the north. She explained that the Nelson's who live directly across the road, have a letter to present. She read the letter in opposition to the project to the Board. Their concerns are about traffic. (Carla H. and M. David Nelson). A copy of the letter is attached for the record. Ms. Dermody asked if they share any time or have any scheduling conflicts with the school's use of their fields. Mr. Husser noted that it was almost a complete conflict as they do not have enough fields either. She asked if the future Middle School fields would alleviate the problems. She asked if there were any other fields in a residential neighborhood right now, and if the neighbors would be willing to testify to their experiences. Ms. Dermody also expressed concerns about traffic exiting Dermody Road during fall foliage. Ms. Dermody also expressed concern over the unauthorized use of the field. Mr. Barney asked if people currently drive through the ditch, and Ms. Dermody noted that they do not currently, but you could drive a car through there. Bill Tronsen, another abutting landowner indicated the location of his home on the site plan. He presented letters from the Downing's and the Freidenthal's addressing their opposition to the project. He read both letters to the Board. The letters are attached for the record. (Barbara and Charles Downing, and Mary Freidenthal). Mr. Tronsen read from his own prepared statement in opposition to the project. His concerns were about noise, dust, parking, etc. He feels that there are other fields available that would have a lesser impact on the neighborhoods. Mr. Tronsen noted that there is a substantial crest on the property right now, and once it is graded, they will become flat fields. He feels that the property should be returned to the condition it is currently in. Mr. Barney asked why the property could not be farmed when it is flat. Mr. Tronsen felt that it would not aesthetically be what it is now. Kevin McDonald addressed the Board. He explained that he is not a neighbor, but has had three boys who spent a total of 21 years in the Youth Soccer Program. He is here to ask the Board to support the proposal. One way to prevent youth's dysfunctional behavior is to involve them in sports, and subject them to positive adult influences. Mr. McDonald noted that there is no tax money that supports these programs. He urged the Board not to "throw cold water" on volunteers that support these programs. He does not feel that this will be a traffic peril. He noted that the coaches are dedicated people, and he does not feel that trash will be a problem. Wanda Merrow addressed the Board. She is also a resident of Dermody Road. She explained that her husband coached MAYAA football for many years. She noted that the fields are in terrible condition, and these would be fields to. She noted that the students do not have anywhere else to play. Ms. Merrow indicated the location of her property on the site plan, just down from the field. Francis Morrissey noted that he coaches soccer teams in both the spring and the fall. He noted that he lives on Rutter Road, about 200 yards from the Beech Street Field. He reviewed the use of the field. He noted that there is some noise, but it is not as disruptive as the neighbor's lawnmower. He feels that there is more traffic on that field than there would be at these soccer fields, and he does not find it to be intrusive. He also felt that there was not a safer driver than a parent with young children in the car. He also noted that the fields have been very well kept because of the scarcity of them. He also noted that the adult use of the Beech Street field ceases at dusk. He noted that the biggest safety concern at the Beech Street field is the lack of sidewalks. He feels that the Beech Street field is not intrusive and does not cause problems in their neighborhood. Kaitlyn Husser and Casey Kevorkian addressed the Board. They explained that they represent the players. They feel that it would be embarrassing for visiting teams to come and not have fields to play on. Their fields are being taken away, and it would be nice to have fields again. Colleen Zimpfer noted that she is also a resident of Dermody Road. She has a list of 34 signatures of people from her road and the vicinity that are opposed to the project. A copy of the petition is attached. Ms. Zimpfer explained that she is opposed to the project in this location. She felt that the children would not be safe riding their bicycles to the field. She does not feel that the directors can restrict playing times outside of their own organizations. Ms. Zimpfer felt that they have not been notified of the project because they were afraid. Ms. Zimpfer distributed copies of her statement. Jenny Kimberly addressed the Board. She noted that her husband, Doug Jessman, farms the field. She noted that the hay was important to him and he gets a lot of hay from the field. Mr. Gulley asked if the field could still be farmed if the elevation is changed. Ms. Kimberly noted that if the slope is gradual it is not bad, but if it is a steep slope it is difficult. Chris Shay explained that he comes from a community that values children. He started a lacrosse program and has had difficulty finding fields to play on. He reviewed the shortage and overuse of the fields in the community. He explained that the stress around the field use has taken the fun out of volunteering. He also reported that youth athletics is growing, and has about 200 children in lacrosse, and there are over 500 in youth soccer. He also noted that they would have to wait several years before fields are available at the proposed new middle school, and there is no certainty as to the number of fields that will be constructed. Leon Jacobs noted that he lives on Pleasant Valley Road. He explained that as a farmer he hates to see the land not being used for farming. He felt that the noise would change the whole neighborhood. He commends the coaches and the people who are working hard to provide fields for the program. Mr. Jacobs reviewed the Tansitor softball field problems. Mark Zimpfer presented a statement to the Board. He indicated the location of his home. A copy of the statement is attached for the record. His concerns addressed traffic access from Route 9. Dr. Zimpfer also expressed concern about children traveling on Route 9. Mr. Barney asked how many people come out of Hemmings every day. Dr. Zimpfer indicated that their intersection is not a right angle intersection, and visibility is limited when you exit Dermody Road. Mr. Barney felt that they new highway would alleviate a great deal of the traffic. Dr. Zimpfer noted that Dailey's mine would increase the truck traffic. Mr. Gulley felt that they should address the current circumstances, not potential circumstances. Ms. Prandini asked if some of the players would be driving by the Monument, not exiting onto Route 9. Mr. Monks noted that the project has followed the normal course of application. Ted Rivers addressed the Board. He explained that he has been involved with the Youth Soccer Program for over 20 years. He expressed concern about after hours use of the field, and noted that much of the after hour use of the fields was because of the limited fields. Mr. Rivers reviewed the use of the Bennington College fields as well. Mr. Rivers noted that there is the potential for lawsuit on privately owned fields. Mr. Gulley and Mr. Rivers reviewed the liability. Audrey Petruca addressed the Board. She is a resident of Jewett Drive, and supports the project. She noted that her children have participated in Youth Soccer for the past six seasons. She addressed some of the concerns about noise and litter, and did not feel that there would be problems. She also feels that a neighborhood and a play area belong together, and having children come will add life and vitality to the neighborhood. Vince Chiorgno addressed the Board. He explained that the Middle School project has vague information about the fields, and there would not be enough fields created. Mr. Chiorgno reviewed the discussions at the Vermont Veterans Home about field use. He appreciates the concerns about the neighborhood, but notes that they are out of options for fields. He noted that the town fields are in deplorable condition. Ms. Dermody addressed the Board again. She feels that they want to support the children, but noted that they would have appreciated notification of the project. Gordon Black addressed the Board again. He is astounded that there is opposition to the project. The noise will be of children playing and having fun. He does not feel that they should be opposed to children running around and throwing a ball. He pointed out that there was another access to the area through Walloomsac Road. He pointed out that there is a tranquil neighborhood, but there is traffic and airport noise in the area. He explained that they did not inform the neighbors, because they did not anticipate opposition to the project. They have been looking for alternative fields for years. Ms. Prandini reviewed the traffic concerns when Oldcastle Theater was built. They also have just recently authorized Sacred Heart School to have fields on Convent Avenue with the same entrance and exits. This is a rural area, and this is a permitted use. Mr. Gulley suggested that they close the public hearing and deliberate over the testimony, or render a decision at a later time. Mr. Monks felt that they could hold a deliberative session at any time. Ms. Prandini felt that they could make a decision. Mr. Alderman reviewed the Bylaw section 4.12, and noted that this is a conditional use in the Rural Conservation District. He asked if this use would be a public park or playground, and Mr. Monks noted that it would be used by the public. The applicant is a non-profit organization. Mr. Monks felt that this fell within the conditional use category. Mr. Gulley noted that there is a farmer using the acreage for his income. There was a discussion about the public use of the park. Mr. Alderman further reviewed the Bylaw in relation to the preservation of the natural and scenic view. Mr. Gulley felt that it would change the character of the neighborhood. Mr. Alderman felt that the intersection was dangerous. Ms. Wisher felt that policing the area for litter would be taken care of. She noted that her neighborhood was previously a quiet street, but they have learned to live with the increased traffic as a part of progress. She also noted that she knows that there is a need for fields in the area. Mr. Alderman moved to close this hearing. Ms. Wisher seconded the motion. The motion passed unanimously. The Board took a brief recess. 5. William H. Morse, Paul Dolmetsch, 327 Northside Drive, seeking conditional use approval for used auto sales/auto repair at the above address, a CI District. Sections of the Bylaw applicable: 3.4, 6.0, 6.1, 8.5. Mr. Alderman abstained, as there might be the appearance of a conflict of interest as his relatives are competitors of Mr. Dolmetsch. Mr. Dolmetsch presented the project to the Board. Mr. Gulley asked how many vehicles there would be at any one time. Mr. Dolmetsch indicated that there are 19 spaces, but he would not project having that many cars there at any one time. He imagined 10-15 cars if it were a combination of cars being worked on and cars for sale. Mr. Dolmetsch noted that they would like to have permission from the town so that they can obtain their used car dealers' license. Mr. Monks explained that Mr. Dolmetsch approached him about obtaining permits, but there had been a misunderstanding as to the process. He is requesting the appropriate permits. They have been in operation for approximately 11 months. Mr. Gulley asked if the Planning Commission would address landscaping, etc. Mr. Monks noted that the Planning Commission would be looking more closely at the landscaping issues. Ms. Prandini moved to grant conditional use approval as requested. Ms. Wisher seconded the motion. The motion passed with six in favor. Mr. Alderman abstained. 5. 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, February 23, 2000 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: William Wicks, Route 9, West Road, seeking conditional use approval for convenience/grocery store and gift shop in existing building in above location, an RCON District. Sections of the Bylaw applicable: 3.4, 4.1, 8.5. Bennington School, Matthew Merritt, Gerald Maxon, 13 Settlers Road, seeking conditional use approval for 6 person residential care facility at the above address, an RR District. Sections of the Bylaw applicable: 3.4, 4.1, 8.5. ¨ As there was no further business Ms. Wisher moved to adjourn the meeting to deliberative session. Ms. Prandini seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:00 P.M. ¨ The meeting was reopened and called to order at 10:50 P.M. Ms. Prandini moved to approve the conditional use for four recreational fields as presented by the Y.M.C.A. with the following stipulations: 1. The approval shall expire in five years. 2. Game start times shall be staggered. 3. No Sunday games or practices. Ms. Wisher seconded the motion. The motion passed with five in favor, Mr. Goodhue, Mr. Barney, Mr. Owens, Ms. Wisher, and Ms. Prandini. Mr. Gulley and Mr. Alderman were opposed. As there was no further business to come before the Board, Mr. Barney moved to adjourn. Mr. Goodhue seconded the motion. The motion passed unanimously and the meeting was adjourned at 11:00 P.M. Respectfully submitted, Robyn C. Baker Dated this 14th day of February 2000. _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________