town of bennington zoning board of adjustment minutes 1 veterans memorial drive, bennington, vt 05201 february 23, 2000 @ 7:30 p.m. Present: Ron Alderman, Gale Wisher, Richard Owens, Jim Gulley, Bill Congdon, Edith Prandini, and Kevin Goodhue. Excused: Bill Barney. Also present: Zoning Administrator Daniel Monks, Mike von Ouhl, John Endres, William Wicks, Joe Tornabene, Mike McDonough, Ronald Myers, Steve Leonard, Keith Martin, Don Tatro, Mararet Tatro, Robyn Baker and about twelve members of the community. The meeting was called to order at 7:30 p.m. 1. Minutes of February 9, 2000. Ms. Wisher noted the following corrections: ¨ Page 3, missing be in the first paragraph. ¨ Page 5, words were in the wrong order. ¨ Date question playing until mid June? Mr. Owens moved to accept the minutes of February 9, 2000 as amended. Mr. Goodhue seconded the motion. The motion passed unanimously. 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. 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. John Endres was representing Mr. Wicks. He explained that they have received preliminary approval from the Planning Commission. He indicated the location of the existing building, a former farm stand and more recently tractor parts sales. The building has not been in use for some time. He noted that the Planning Commission has suggested more trees, and paving the parking lot. Mr. Endres explained that they have measured site distances and the meet the minimum requirement at the 50- mph speed limit. This will be a convenience store, gifts, etc. Joe Tornabene will run the store. Mr. Gulley asked if the driveway egress would be changed. Mr. Endres noted that the Planning Commission suggested that entrance and exits be restricted, but he felt that there were good site distances in both locations at the proposed egress. Ms. Wisher noted that exiting on the other end would be difficult. Steve Leonard explained that he thought the entrance would be relocated, and Mr. Endres noted that it would not. He is concerned because there are a lot of accidents on this corner, and he is concerned about the site distances and the length of time it takes a car to stop. He felt that there should be some warning signal as he feels that this will be a dangerous entrance. Keith Martin was confused because he thought that they were 100 feet short of the recommended site distance, and he thought that they would be relocating the road 100 feet to the west. Mr. Endres noted that the site distance was estimated at 300 feet, but subsequently they measured from the current driveway, looking east toward Bennington, and the actual distance is between 400 and 500 feet. The minimum stopping distance is 400 feet. Ms. Wisher asked if the change in the location of the driveway was a Planning Commission issue, and Mr. Monks noted that the Zoning Board addresses traffic safety, and therefore could address this issue. Ms. Prandini asked if the entrance is the same as it currently exists, and Mr. Monks noted that it is. Joe Tornabene addressed the Board. He explained that he would be operating a convenience store at this location. They would also sell Vermont products, soda, snacks, and cigarettes, but have no intention to sell gasoline. Mr. Owens asked hours of operation, and Mr. Tornabene noted probably 9 AM to 8 PM. The square footage of the building is 40 x 40. Mr. Alderman noted that this is an allowed use, but felt that the intent of the law was to limit to tourist related gift shop type stores as opposed to convenience stores. Mr. Alderman felt that when there was a question if something complied within the letter of the law or the intent of the law, the intent was what they should act upon. Ms. Prandini asked how long the building had been empty. Mr. Wicks explained that it was currently being used to sell used farm equipment. He noted that it was previously a vegetable stand. Ms. Prandini asked when the last time the building was used as a commercial operation, and Mr. Wicks felt that it was about a year. The farm stand was open from June until Christmas, seven days a week, from 8 AM to 8 PM, depending on the length of day. Ms. Wisher asked about the sale of alcohol, and Mr. Tornabene explained that they hope to sell beer and wine at a later date, but have no immediate plans for that. Ms. Wisher asked if convenience stores are automatically allowed to sell beer, wine and cigarettes. Mr. Monks noted that beer and wine is controlled by the state, which offers one liquor license per town, but the state and the town can permit beer and wine. They would also have to apply for a cigarette license, and a license to sell meat products. Ms. Wisher asked what percentage of sales he expects to be cigarettes, but Mr. Tornabene could not answer. As far as floor space is concerned, he would allow approximately 10% for cigarettes, approximately 20% for beer, and a small display for wine. Mr. Gulley asked about storage space, and Mr. Tornabene noted that he was addressing floor space for retail sales, and thought that storage would be difficult to judge. He noted that he does not use many signs, and does not light his window. He uses American and state flags, but no outside banners or signs on the building. Ms. Wisher asked if a delicatessen was automatically part of a convenience store. Mr. Monks explained that a grocery store is allowed as a conditional use. Mr. Monks felt that the Board has to determine that this is going to be a grocery store. Mr. Tornabene explained that he has no plans to make sandwiches. Mr. Wicks explained that there would be locally handmade gifts in the store as well. Mr. Gulley asked what percentage of the building would be used for the store, and Mr. Tornabene noted that 1200 square feet would be used for sales, and 400 for storage. Mr. Gulley asked what kind of inventory he could stock with 1200 square feet, and Mr. Tornabene noted that it would be limited. He would have a cooler for milk and cheese, and later one for beer, perhaps a walk in cooler 20 feet long. Ms. Prandini asked how many square feet he plans to use as a gift shop, and Mr. Tornabene noted perhaps 10%. There will also be a utility room and a small office in the 1200 square feet. He would be selling limited groceries in the remainder of the space. Mr. Goodhue asked how many deliveries per week there would be. Mr. Tornabene noted that most deliveries are early morning, except for cigarettes, which come in the afternoon. There would be approximately six to eight deliveries per week. There is adequate space to the rear of the building for deliveries. Don Tatro addressed the Board. He distributed a statement to the Board, which is attached for the record. He expressed his opposition to the project. Mr. Alderman reviewed the percentage of sales concerning beer and wine as opposed to groceries. Mrs. Tatro felt that beer, wine and cigarettes comprised 85% of her sales excluding gasoline. She also has a dairy cooler, prepared grinders, etc. Her store is about 1200 square feet and is located on the corner of Route 9 and Washington Ave. Mike McDonough addressed the Board. He was representing the Better Bennington Corporation, and noted that they have distributed a written copy of their testimony, which is also attached for the record. Their intent is not to speak to the quality of the operation, but the land use issue. Mr. McDonough explained that the Better Bennington Corporation has been working closely with both the Planning Commission and the Zoning Board in reviewing the town plan. They have focused attention on land use in commercial overlay corridors, and the importance of transportation corridors, which are a trademark of a community. There are issues of commercial sprawl, which is a statewide issue, but is important within the community because of the impact on existing commercial centers, specifically downtown. They understand that quality presented in entrance corridors is the image they present in marketing and developing downtown. He made three points in speaking against proposal: ¨ Their interpretation of bylaw is that it is not clear that this is a permitted conditional use. Article 4.15 of overlay lists five uses compatible within overlay. No reference in that listing makes inclusion of rural residential conditional use, and does not list grocery store. ¨ Rural residential conditional use is qualified that it not change the character of the neighborhood. Inclusion is meant to serve the residential neighborhood. Their interpretation of the application is that it is to serve the traveling public. ¨ If use is permitted, significant restrictions on parking, advertising, lighting, and window displays should be imposed to minimize commercial intrusion on the scenic corridor. Keith Martin addressed the Board. He also distributed copies of his statement, which is attached for the record. He noted that the store on Main and Washington occupies and additional 75 square feet if you include the size of the attached walk in coolers. Mr. Leonard explained that he owns the Smoker's Den and noted that cigarettes, beer and wine represent 85% of their business. He explained that the price of cigarettes in New York would increase $5.50 per carton on March 1. He feels that this will be a cigarette outlet and is concerned about the traffic. Ms. Wisher asked how big the Smoker's Den is, and Mr. Leonard explained that it is about 4,000 square feet. Mr. Tornabene explained that his daughter would be running the store. He explained that he was opposed to the Stewart's store in Pownal near the state line. He feels that if they run a decent store, keep it neat and clean, people will come. He explained that he does not use signage or advertise in the newspaper, except for Christmas greetings. There will not be excessive lights. Mr. Gulley reviewed 4.15. He suggested that the Board enter deliberative session. Ms. Prandini was opposed, and felt that they should do their business in front of the cameras and the public. Mr. Alderman explained that he likes to do business openly, but agrees that they are allowed to deliberate. He is ready to make a decision. Mr. Alderman reviewed the definition of a small grocery store. He feels that the project is in the wrong location. Mr. Monks noted that the crux of the issue is whether the Board can define the proposal as a grocery store, if they get by the corridor overlay restrictions. Mr. Alderman explained that expert testimony has suggested 85% of sales is beer, wine and cigarettes. Ms. Prandini noted that half of the square footage is allotted to beer, wine and cigarettes. Mr. Monks felt that if this is determined to be a grocery store, they need to place limiting stipulations on the approval. Ms. Wisher agreed with Mr. Martin's statement about a grocery/gift store being economically viable. Ms. Prandini felt that when it was a produce stand, farm implement sales, it was more in character with the area. Ms. Prandini did not see how they could enforce stipulations. Mr. Monks felt that if they could not make enforceable stipulations, they would have to deny the application. Ms. Prandini moved to grant the conditional use approval as requested. Ms. Wisher seconded the motion. The motion was defeated with six opposed. Mr. Gulley abstained. 4. 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. Mr. Monks explained that the applicant has appealed the Zoning Administrator's decision, and the appeal has been warned for March 8. Mr. Gulley suggested that they deny the matter without prejudice, and have the Bennington School resubmit after the hearing on March 8. Ronald Myers noted that he would like to make comments to the Board before the conditional use decision is made. Mr. Alderman moved to deny without prejudice pending the appeal of the zoning administrator's decision, which will be heard on March 8. Mr. Owens seconded the motion. The motion passed unanimously. 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, March 8, 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: Bennington School, Matthew Merritt, Gerald Maxon, 13 Settlers Road, appeal of Zoning Administrator's decision that proposed use of residence to house six Bennington School students is a Residential Care Facility under the Bylaw. Sections of the Bylaw applicable: 1.4, 1.18, 1.19, 4.1. Mr. Monks reviewed the three possible determinations, and felt that this was a residential care facility, which has been appealed. The school feels that this is a single-family dwelling and does not feel that it is subject to review by Zoning and Planning. ¨ Mr. Monks noted that Mr. Goodhue, Mr. Gulley, and Mr. Owens terms are up, and they need to reapply to the Select Board by March 15. There is also an open position. ¨ Mr. Goodhue asked about the light for the firehouse. Mr. Monks noted that they have stubbed out the electricity and cement, but the pole is on backorder. ¨ As there was no further business Mr. Goodhue moved to adjourn the meeting. Ms. Wisher seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:46 P.M. Respectfully submitted, Robyn C. Baker Dated this 27th day of February 2000. _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________