town of bennington zoning board of adjustment minutes 1 veterans memorial drive, bennington, vt 05201 MAY 24, 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, Hank Moses, Dave Mance, Jim Gulley, John Endres, Richard Boutin, William Thomson, and Robyn Baker. Ms. Wisher called the meeting to order at 7:30 p.m. 1. Minutes of May 10, 2000. Ms. Prandini moved to accept the minutes of May 10, 2000 as presented. Ms. Perrott seconded the motion. The motion passed unanimously. 2. Reading of witness' oath. Ms. Wisher 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. Richard Boutin, Big Boys Toys, Route 67A, seeking approval for the expansion of a non-conforming automobile repair and sales use to construct a 32' x 40' addition to an existing building and seeking a variance of the setback requirement to install a 12' x 26' canopy at the above location, a VR District. Sections of the Bylaw applicable 3.4, 4.2, 8.1, 8.5. Richard Boutin and David Mance were present to present the proposal to the Board. Mr. Mance explained that they are proposing a 32' x 40' addition to the existing building to be used as storage and work area. There will be a pedestrian door on the front side, and two service doors on the gabled end of the building. The new structure will blend with the existing building, but will be higher at that end to accommodate higher doors than currently exist. This will allow more inside work area. Mr. Alderman asked the location of the pedestrian doors, and Mr. Mance indicated that the pedestrian doors would be on the south, and the overhead doors on the east. Mr. Alderman felt that this would hide the trailers from the road. Mr. Barney asked what the concrete slab was for, and Mr. Mance noted that it was an apron. The lot is half paved, and paving will be completed when the building is constructed. Mr. Boutin noted that the siding is denim blue with white trim. Mr. Alderman asked about a canopy, and Mr. Monks noted that there is a request for a variance of the setback requirement for a canopy. Mr. Boutin explained that he would like to have a canopy to cover current displays outside. The merchandise is brought in at night. This would be a five-foot variance, 25' from the road. Mr. Alderman feels that the site looks nice, and he is glad they will hide the trailers. Ms. Prandini moved to grant the expansion of the non-conforming use, a 32' x 40' addition. Mr. Barney seconded. The motion passed unanimously. Mr. Owens moved to grant the five-foot variance. Mr. Alderman seconded. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 4. Gary and Donna Hunt, 29 South Stream Road, seeking variance of setback requirement to create a four lot subdivision at the above address, an MR District. Sections of the Bylaw applicable 4.3. John Endres of West Mountain Engineering was present to represent the applicant. Ms. Wisher removed herself from the hearing to avoid a possible conflict of interest. Mr. Endres explained that the proposed fifty-foot right of way to access a subdivided parcel is within five feet of the existing garage. Mr. Alderman asked if this would go to the Planning Commission for review, and Mr. Monks explained that it would go for subdivision plat review. Mr. Alderman asked if the lots conform, and Mr. Monks explained that the size of the lots would conform if the variance were approved. Mr. Alderman asked, and Mr. Monks noted that there is the 50- foot right of way that they measure the setback from. Mr. Endres feels that there is one possible way to bring the road in without bisecting the remaining property, but there would be unusual shaped lots, and the road would intersect South Stream Road at an angle. If the road were relocated to the south, the site distance to the south would not be adequate. Mr. Barney asked if it would be possible to keep the road as far to the north of the right of way as possible when the road is constructed. Mr. Endres explained that it is being designed as a class four highway. Mr. Barney asked, and Mr. Endres explained that the driveway would be incorporated into the road. There would be adequate room to get in and out of the garage. Mr. Alderman moved to grant the six-foot variance. Mr. Goodhue seconded. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. There were seven in favor. Mr. Goodhue was opposed. 4. Unanimous. 5. Unanimous. 5. Christopher Denio, Chapel Road, Gravel Pit, hearing to determine if structure constructed in forest zone meets definition of camp and review of a conditional use pole barn proposal. There was nobody present to represent Mr. Denio. Ms. Wisher read a request to the Board in the form of a letter from Mr. Denio's attorney, asking for a ninety-day continuance on the matters. A copy of the letter is attached for the record. Mr. Monks explained that he told Mr. Rhodes that he would present anything Mr. Denio submitted, but was not supportive of one position. Mr. Goodhue asked why the Board was denied the site visit. Mr. Monks explained that Mr. Rhodes had explained that Mr. Denio has requested a continuance. Ms. Prandini asked if they could remain in compliance if they continued the matter for 90 days. Mr. Monks felt that they could because they have a written letter from the applicant. Mr. Monks reviewed the steps that the Zoning Board could take on the matter. Mr. Alderman feels that Mr. Denio's property is more aptly described as a single-family home than a camp. Mr. Alderman feels that if the Bylaw is not clearly defined, then they should clearly define it as they see fit. Mr. Alderman feels that the applicant should be granted 90 days to get the entire site into compliance. Mr. Owens was comfortable making a decision. Ms. Perrott asked and Mr. Monks noted that the building is approximately 800 square feet. The assessor's record indicates that the building is slightly over 800 square feet. Mr. Monks read the Bylaw definition of camp to the Board: a building not exceeding 800 square feet of building area and 20 square feet of building height, and having no permanent foundation. Mr. Alderman read the definition of single family dwelling: a detached building, with not more than one kitchen, sanitary facilities. Mr. Alderman feels that this property is more aptly defined as a single family dwelling than a camp. Mr. Alderman moved that the Board determine that this is a camp. Mr. Owens seconded. The motion was unanimously defeated. Mr. Alderman moved to determine that this building be defined as a single-family dwelling. Mr. Goodhue seconded. The motion passed unanimously. Mr. Alderman moved to grant the applicant 60 calendar days to bring the complete site into conformance with the Bylaw. The Zoning Administrator and/or the Building Inspector shall inspect on day 91, or as soon as possible afterwards. If the site is not in complete compliance, the Zoning Administrator or enforcement officer shall take necessary steps to bring the site into compliance. Mr. Owens seconded the motion. The motion passed unanimously. Mr. Alderman moved to deny the pole barn application without prejudice. Ms. Perrott seconded. The motion passed unanimously. 7. Other Business ¨ Findings of fact and minutes were passed around and signed. ¨ Mr. Goodhue asked about the lights for the firehouse, and Mr. Monks agreed to check on them. As there was no further business to come before the Board, Ms. Prandini moved to adjourn. Mr. Goodhue seconded, and the meeting was adjourned at 8:11 P.M. Respectfully submitted, Robyn C. Baker Dated this 6th day of June 2000. _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________