town of bennington zoning board of adjustment minutes 1 veterans memorial drive, bennington, vt 05201 march 22, 2000 @ 7:30 p.m. Present: Ron Alderman, Gale Wisher, Richard Owens, Jim Gulley, Edith Prandini, Bill Congdon, Kevin Goodhue and Bill Barney. Also present: Zoning Administrator Daniel Monks, Mike von Ouhl, Margaret Brown, Kirk Trottier, and Robyn Baker. The meeting was called to order at 7:30 p.m. 1. Minutes of March 8, 2000. Ms. Prandini noted that on page 7, -second bullet, the word should be outlining, not outlying. Mr. Goodhue moved to accept the minutes of March 8, 2000 as amended. Mr. Owens seconded the motion. The motion passed unanimously. 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." 2. Margaret Brown, 100 Lincoln Street and 120-124 River Street, seeking a variance of setback requirements and density requirements to construct an addition and add an apartment to an existing four unit apartment building at the above location, an MR District. Sections of the Bylaw applicable: 3.4, 4.3, and 8.5. Mr. Gulley noted that he is part owner of lot #35 on the plan. There were no objections to Mr. Gulley's participation in the hearing from either the applicant or the Board. Mr. Trottier indicated the location of the proposed new unit on the drawing. They would be eliminating bulkhead doors, and opening the cellarway for a cellar apartment. It is a 300 square foot apartment, self-contained. There is also another set of bulkhead doors that they would like to approach the board for approval of. The fifth unit will be located in the basement. Currently, their oldest daughter is living in the basement, it has a shower, toilet, and kitchenette, but they would like to make it an actual apartment. Mr. Goodhue asked how many fire exits there would be. The applicant noted that there will be two bulkhead doors, but they would like to create a nice entranceway. There is also a sprinkler system installed for that apartment and the furnace room. Just outside the backdoor above the gas heaters there is another sprinkler system. Each apartment has its own furnace, but this is the only one located in the basement. The gas heaters are for hot water, and they are located in the basement. Mr. Goodhue asked where the propane tank is, and the applicant indicated its location on the plan. The properties are very close together in the area, which is why they require the variance. This unit will obtain its heat and hot water through the owner's apartment. Ms. Prandini asked where the remaining apartments are, and the applicant noted that there are two on the first floor and two on the second floor. There are three separate tenants, and the building is owner- occupied as well. There are currently ten people living in the building. Mr. Owens asked about parking, and the applicant noted that there is a parallel lot across from the fire facility that is town parking. Mr. Barney asked how the apartment is accessed, and the applicant noted that they go through bulkhead door. They will have to replace the doors on the other side of the house. He reviewed the repairs that will be necessary to the foundation in the future. Mr. Goodhue asked where the entrance would be attached to the house, and the applicant indicated the location off the River Street side. He would also like to replace the windows, and vinyl side the whole building, so that it blends with the neighborhood. The apartment will be a one-person efficiency apartment. Mr. Alderman explained that the applicant does not have the 40-foot setback requirement, The lot-building requirement is 14,000 square feet, and there is only 3,500 square feet. He feels that it would be impossible to reasonably allow a variance of that size. Mr. Gulley asked Mr. Monks if this would be a change of use, and Mr. Monks noted that it is an expansion of an existing multi-family use. Mr. Monks thought that one unit would have to be handicapped accessible. Mr. Gulley asked if each unit should have two egresses, and Mr. Monks noted that Mr. McLeod has viewed the building, and the Mr. Trottier felt that everything met with Mr. McLeod's approval. Some electrical work has been done, and a furnace switch was installed. Mr. Barney asked if a permit would be required for a family member, and Mr. Monks noted that the existence of a kitchen unit and bathroom is why it is considered a dwelling unit. Ms. Prandini had a problem with adding another apartment to such a small lot, but she has no problem with the applicant's daughter living there. She feels that it is too intense for the small lot. The applicant noted that the entranceway is their concern, and asked if that could still be changed without the additional apartment. Mr. Monks agreed that there are two separate issues, and the board could either grant or deny either of the issues. One issue is the setback for the entryway, the other is the density requirement. Mr. Barney asked how close the existing porch is to the two-foot border between the edge of the sidewalk and the edge of the building. The applicant noted that everything would be inside the two-foot border. The building will not be any larger than it currently is; they will be covering what they currently have to stop the water from leaking in. Mr. Alderman asked how far from the property line the roofline is. The applicant noted that the front porch comes right to the two-foot border. There is not currently a roof there, and the building is currently 5' 7" from the property line. Once the roof is added, it will be two feet from the property line. The water will drain east and west onto their property; the roof peak will run north south. Mr. Owens asked about exterior siding, and the applicant noted that it would be vinyl siding. He would also like to vinyl side the whole building and replace the windows. Mr. Owens asked if the dividing wall would be constructed if the density variance was not granted, and the applicant noted that it would. Ms. Prandini asked how their daughter currently enters the apartment, and the applicant noted that she went through the bulkhead. The kitchen would have to be removed if the permit is denied, including removal of the stove, refrigerator, and the sink. Mr. Goodhue asked if the unit had a shower, and the applicant noted that it did. Mr. Barney noted that the addition should maintain the character of the building, and the applicant agreed that it would. Ms. Prandini moved to grant the variance of the setback requirement for the entryway addition. Mr. Owens seconded the motion. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. Ms. Prandini moved to grant the density variance for the additional apartment. Mr. Gulley seconded the motion. The five facts were read and voted on: 1. The Board was unanimously opposed. 2. The Board was unanimously opposed. 3. The Board was unanimously opposed. 4. The Board was unanimously opposed. 5. The Board was unanimously opposed. The addition for the breezeway was approved, but the additional apartment was denied. Mr. Monks noted that the kitchen facility would need to be removed. 6. Other Business ¨ Findings of fact and minutes were passed around and signed. ¨ Seminar information was included in the packet. Board members wishing to respond to Mr. Monks by the first week in April. ¨ Mr. Goodhue asked about the outcome of the letter about the maintenance staff issue, and Mr. Gulley noted that the situation is under control and that appropriate actions were taken. Mr. Monks noted that the state took the complaint seriously and they are dealing with the issue. ¨ Mr. Monks will check on the status of the traffic light at the fire station exit. ¨ Mr. Goodhue will send a card to Select Board member Ms. Brush who is not well. As there was no further business to come before the Board, Mr. Goodhue moved to adjourn. Mr. Barney seconded, and the meeting was adjourned at 8:25 P.M. Respectfully submitted, Robyn C. Baker Dated this 6th day of April 2000. _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________