town of bennington zoning board of adjustment minutes 1 veterans memorial drive, bennington, vt 05201 april 12, 2000 @ 7:30 p.m. Present: Ron Alderman, Gale Wisher, Richard Owens, Edith Prandini, Bill Congdon, Kevin Goodhue, Melissa Perrott, and Bill Barney. Also present: Zoning Administrator Daniel Monks, Mike von Ouhl, Jim Marsden, Kevan Jones, Assistant Town Manager Paul Bohne, John Endres, Patrick Kinney, and Robyn Baker. Mr. Barney called the meeting to order at 7:30 p.m. He introduced the Board, including new Board member Melissa Perrott. 1. Minutes of March 22, 2000. Ms. Prandini moved to accept the minutes of March 22, 2000 as amended. Mr. Owens seconded the motion. The motion passed with sevin in favor. Ms. Perrott abstained. 2. Reading of witness' oath. Mr. Monks read the witness 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. Clara Van, Pageant Street, seeking a variance of the minimum lot size requirement for a two lot subdivision at the above location, a VR District. Sections of the Bylaw applicable: 3.4, 4.2. Mr. Endres was representing the applicant. Ms. Perrott excused herself from the hearing due to a conflict of interest. Mr. Endres explained that Ms. Van would like to separate the two pieces of land that she owns. They would not be changing the two deeds, but would be looking for a variance of lot size only. He indicated that the size of the lots, and indicated the setbacks. The house has been existing since 1953. They are seeking a variance of lot size for both parcels. Mr. Monks explained the merger, and noted that an undeveloped lot adjacent to your property merges with your lot to become a single lot under the Zoning Bylaw, but they were under separate deeds. Mr. Alderman asked if the parcels were purchased at the same time, and Mr. Endres indicated that they were not. Mr. Alderman noted that he did not have a problem as the sites were both in excess of 90% of the requirement. Mr. Endres noted that approving it this way allows them not to have to deal with the state of Vermont for subdivision permits. Ms. Prandini noted that it lines up with the lot beside it. Ms. Prandini moved to grant the minimum lot size variance as requested. Ms. Wisher seconded the motion. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 6. Town of Bennington, Grant Street, seeking a variance of the setback requirements to construct a garage at the above location, an MR District. Sections of the Bylaw applicable: 3.4, 4.3. Mr. Bohne, Assistant Town Manager, was present to address the Board. Patrick Kinney, Highway Foreman was also present. He noted that they tore down a building a year ago in preparation of this construction. He indicated that the building that was torn down was right on the corner. They have increased the side lot a little, but need as much storage space as possible. He noted that the zoning lines for the Central Business District bisects the lot. It comes up west property line, and went straight through the property. Mr. Alderman noted that the garage was an existing building. Mr. Bohne agreed. Mr. Alderman noted that the new building was going up where the old building was, but further away from the lot lines. Mr. Monks noted that the building would not be located in the exact footprint of the former building. Ms. Wisher asked the location of the entrance, and Mr. Bohne noted that it is on the east side of the building. Mr. Bohne noted that there is a service line that services the house behind this for sewer. There will be two overhead doors and a walk-in door on the east side. Mr. Alderman asked if the building was in the flood plane, and Mr. Monks noted that it is not. Mr. Alderman asked why the building could not be relocated to comply with setbacks. Mr. Bohne noted that the layout of the lot makes it impossible to locate the building anywhere else. They will be fencing the property with stockade fencing for security, and to prevent the neighbors viewing of the yard. Mr. Barney asked what the building would be used to store, and Mr. Kinney noted that they would store sidewalk forms, sidewalk snow plowing equipment, cold storage for street sweeper, signs, barricades and perhaps one other piece of equipment. Mr. Barney asked if any hazardous materials would be stored, and Mr. Kinney noted that there would not. Mr. Kinney also noted that no maintenance would take place on the site. Mr. Goodhue moved to grant the 6' variance for the setbacks requirements as requested. Ms. Prandini seconded. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 6. Scott Farrington, 160 South Branch Street, seeking a variance of the setback requirement to construct a 16'x20 «' addition at the above location, an MR District. Sections of the Bylaw applicable 3.4, 4.3. Mr. Marsden was representing Mr. Farrington. He explained that the line that is in question is behind the house. The addition is a small 21 «' x 15' addition, and he has permission from the abutting landowners. This addition will be 7' from the property line, so he is requesting a 3' variance. Mr. Marsden noted the location of the proposed construction at the site. Mr. Marsden distributed copies of before and after computer generated pictures to the Board. Ms. Prandini noted that this would just square off the end of the building. Mr. Goodhue moved to grant the 3' variance as requested. Mr. Congdon seconded the motion. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 6. Furnace Brook Investments, LLC, Northwest Corner of Kocher Drive and Route 7, seeking conditional use approval for construction of a 15,000 square foot retail grocery store and 119 parking spaces within a Flood Hazard Area at the above location, a CI District. Sections of the Bylaw applicable 3.4, 8.3. Mr. Monks noted that the applicant was seeking a continuance until April 26. Ms. Prandini moved to grant the continuance until April 26, 2000. Mr. Owens seconded. The motion passed unanimously. 7. Other Business ¨ Kevan Jones presented information regarding the Aldi Store, and the Board decided to hold the information until the particular applicant was present for rebuttal. ¨ 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, April 26, 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: Furnace Brook Investments, LLC, Northwest Corner of Kocher Drive and Route 7, seeking conditional use approval for construction of a 15,000 square foot retail grocery store Regional Affordable Housing Corporation, 501-507 South Street, seeking a variance of density requirement to add four apartment units to an existing five unit apartment building at the above address, an MR District. Sections of the Bylaw applicable 3.4, 4.3 Regional Affordable Housing Corporation, 120-126 Benmont Avenue, seeking a variance of the setback requirements to create two additional multi-family dwelling units at the above address, an MR District. Sections of the Bylaw applicable 3.4, 4.3. ¨ Election of officers will take place at the next meeting. ¨ Mr. Monks thanked Mr. Gulley for his years of service to the Board. Mr. Alderman moved to recognize Mr. Gulley for his years of service, and he felt that Mr. Gulley did an excellent job, made improvements, and ran the meetings properly according to Vermont Law. Mr. Goodhue seconded the motion. Mr. Barney also thanked Mr. Gulley for his service, and noted that he learned a lot from him. The motion passed unanimously. ¨ Ms. Prandini asked about the refrigerated trucks on the corner of Benmont and Holden, and Mr. Monks reported that they owner is doing sound testing. ¨ Ms. Prandini asked about the Wharton Institute workshops, and informed Mr. Monks that she would like to attend. As there was no further business to come before the Board, Ms. Wisher moved to adjourn. Mr.Owens seconded, and the meeting was adjourned at 8:08 P.M. Respectfully submitted, Robyn C. Baker Dated this 12th day of April 2000. _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________