town of bennington zoning board of adjustment minutes 1 veterans memorial drive, bennington, vt 05201 april 26, 2000 @ 7:30 p.m. Present: Ron Alderman, Gale Wisher, Richard Owens, Edith Prandini, Bill Congdon, Kevin Goodhue, Melissa Perrott, John Redding, and Bill Barney. Also present: Zoning Administrator Daniel Monks, Dianne Binnick, T.J. Rasmus, Richard Guerrero, Tony Stout, Jim Gulley, Mike von Ouhl, Mary Martialay, and Robyn Baker. Mr. Barney called the meeting to order at 7:30 p.m. 1. Minutes of April 12, 2000. Ms. Prandini moved to accept the minutes of April 12, 2000 as presented. Ms. Wisher seconded the motion. The motion passed unanimously. 2. Reading of witness' oath. Mr. Barney 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. 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. Ms. Prandini excused herself from the hearing to avoid a conflict of interest. Dianne Binnick and T.J. Rasmus presented the plan to the Board. Mr. Rasmus explained that the existing parking area is not on the property that they are about to purchase. He explained that the second plan that was distributed this evening was the result of a survey by John Endres. Mr. Rasmus felt that the parking issue would be whether or not they could get it on their property, and the Planning Commission would address the site plan. They are requesting a variance to increase the allowed number of units. They would like to increase the number of units to offset the increased cost of the building due to the historic preservation costs. They are proposing a connector between the two buildings. The rooflines will be lower than the cottage and the main house in order to lessen the impact. He noted that the lot is near 73,000 square feet, and feels that offsets the increased density. Mr. Rasmus distributed elevation drawings to the Board for their review. Ms. Binnick noted that the property has been approved as eligible for the National Registry of Historic Places. They will apply to include the property in the historic district. Mr. Monks asked if the two structures were originally connected, and Mr. Rasmus noted that there used to be a larger connector in the back, and was about twice as large an old footprint than what is currently proposed. He noted that they remained tighter to the building because the stream bank was somewhat unstable. Ms. Wisher asked, and the applicant noted that the addition is one story. Mr. Alderman asked, and the applicant noted that the building was 501-507 South Street (not 503). Mr. Alderman asked if the parcel could be made into two lots, and Mr. Monks agreed. Mr. Alderman felt that the applicant could put two separate buildings on the site if they wanted to subdivide. Dr. Guerrero explained that they have been looking at the blighted property from their home on Prospect Street for years, and feel that preserving the building and cleaning the property would be a wonderful step in the right direction. Ms. Perrott asked if the units would be rented or sold, and Ms. Binnick noted that they would be rented as low to moderate-income housing. Ms. Perrott asked who caretakes the properties, and Ms. Binnick noted that RAHC staff does some, and residents take an interest in the properties as well. Mr. Goodhue felt that this was a good project. Mr. Alderman asked about the wetland, and Mr. Monks noted that there is no construction within the wetland, and all construction takes place in previously disturbed soil. Ms. Perrott asked if the applicant could build a bigger structure in the future, and Mr. Monks noted that would require additional review by the Zoning Board and the Planning Commission. Ms. Wisher asked if they should be concerned with any wetland issues, and Mr. Barney asked if there have been violations, and Mr. Monks noted that there have been in the past, and they have contacted the state several times. RAHC would be cleaning up the wetland area as part of the project. Mr. Goodhue moved to grant the density variance to increase the total units to nine. Mr. Alderman seconded the motion. Mr. Barney read the five facts: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 4. 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. Ms. Prandini continued to excuse herself from the hearing. Ms. Binnick and Mr. Rasmus also presented this project to the Board. Mr. Rasmus indicated the location of the property on the site plan. He noted that there are four existing buildings on the property. He noted that they would raze one building because it is in a state of disrepair. They would like to add to an existing building, cutting the building number to three, but increasing the total apartments to twelve, four per building. He noted that this is one lot, and noted how they would divide the property if they decided to do that in the future. Within that conceptual division, they are able to meet the zoning requirements of 12,000 square feet for a four-unit building. The lot is over 36,000 square feet, and that would meet the basic minimum requirement of 12,000 square feet per lot if it were subdivided. The reason for the setback variances is because they cannot get the property lines of two existing buildings that are 30 feet apart far enough apart to meet the setback requirements. The side lot setbacks in a multi-family should be 30 feet. Any of the new structures meet setbacks from the proposed property line. Mr. Rasmus distributed elevation drawings to the Board for their review. Mr. Rasmus noted that the square footage of the new building is half of what they are removing. The addition is 12,000 square feet. This gives more green space along the river. Ms. Binnick noted that their funders have no interest in them subdividing the property. They would put restrictive covenants on the property, and do not intend to sell the property. Ms. Wisher asked for clarification of which building will be demolished, and Ms. Binnick explained, and noted that was pending historic preservation approval, which they expect to receive. Mr. Alderman asked about the stream bank, and Mr. Monks noted that the Board has the right to make stipulations. Mr. Rasmus noted that he has spoken to the Department of Natural Resources, and they do not require permits, as they are not in the riverbed itself. Ms. Wisher asked about the tenants, and Ms. Binnick noted that these were also low to moderate-income properties. She reviewed the income requirements, and noted that much of Bennington's population meets the requirements. Mr. Barney asked, and Mr. Rasmus and Mr. Monks noted that they meet the parking requirements. Ms. Perrott was concerned about the number of cars and the entrance. Mr. Goodhue asked if there was room for emergency vehicles at the entranceway with cars parked against the building. Mr. Rasmus noted that building to building is the parking and travelway currently, which is about 26 to 28 feet across, and 16 to 18 feet would remain with a car parked on the side. Ms. Wisher moved to grant the variance for the setback requirements to create two additional multi-family dwelling units. Mr. Goodhue seconded the motion. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. Mr. Barney introduced the Board, and welcomed new member John Redding. 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. Tony Stout, permit consultant for Aldi, Inc. was representing the applicant. He noted that they received preliminary approval from the Planning Commission three weeks ago and return to them for final approval next week, where they will continue discussions on the traffic issue. He indicated the location of the site on the plot plan. He noted that the entire site is within the 100-year flood plain. He also indicated the elevation of the site according to the plan. The floor elevation is 624.5 feet. He distributed a letter from Karl Jurentkuff, Floodplain Management Engineer of the State Agency of Natural Resources, verifying the elevation data. They are proposing no floatable materials within the flood hazard area. The propane tank will be buried underground. The parking lot was not a concern of Mr. Jurentkuff. He reviewed the floodway in relation to the site, and noted that they are doing no above ground construction in that area. He indicated the location of the water and sewer lines. Mr. Stout also noted the location of the emergency access to the rear. Mr. Alderman was relying on Mr. Jurentkuff's statement that the proposal was acceptable. Mr. Barney asked if the propane tank could be moved out of the flood plain, and Mr. Stout noted that the entire site is in the flood plain, and the tank is not located within the floodway. Ms. Wisher asked, and Mr. Monks noted that the area was Lovers Lane according to 911. Ms. Wisher moved to grant the conditional use approval for the construction of a 15,000 square foot grocery store and 119 parking spaces within a Flood Hazard Area. Mr. Alderman seconded the motion. The motion passed unanimously. 7. 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, May 10, 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: Christopher Denio, Chapel Road Gravel Pit, seeking amendment to conditional use approval permit for camp and seeking conditional use approval for accessory use pole barn. Sections of the Bylaw applicable 1.3, 3.4, 5.2. ¨ Election of officers Mr. Goodhue nominated Gale Wisher as Chair. Mr. Alderman seconded. Mr. Goodhue nominated Edith Prandini as Vice Chair. Ms. Wisher seconded. Ms. Prandini nominated Kevin Goodhue as Secretary. Ms. Wisher seconded. Mr. Alderman moved to close nominations. Mr. Goodhue seconded. Mr. Goodhue cast one vote to approve the nominations. ¨ Ms. Prandini noted that she, Ms. Wisher, and Mr. Owens recently attended a workshop on local leadership. The presenters suggested that each board hold their own workshop on how the board functions in relation to the operation and principles of the board. She noted that the second session is in June, and the wrap-up is in September. As there was no further business to come before the Board, Ms. Wisher moved to adjourn. Mr. Goodhue seconded, and the meeting was adjourned at 8:37 P.M. Respectfully submitted, Robyn C. Baker Dated this 30th day of April 2000. _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________