town of bennington zoning board of adjustment minutes 1 veterans memorial drive, bennington, vt 05201 JUNE 14, 2000 @ 7:30 p.m. Present: Ron Alderman, Gale Wisher, Richard Owens, Edith Prandini, Bill Congdon, Kevin Goodhue, Melissa Perrott, and Bill Barney. Excused: John Redding. Also present: Zoning Administrator Daniel Monks, Roy Callaert, Peter Cross, T.J. Rasmus, and Steven Bruso. Ms. Wisher called the meeting to order at 7:30 p.m. 1. Minutes of May 24, 2000. Ms. Prandini moved to accept the minutes of May 24, 2000 as presented. Mr. Goodhue 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." 2. Peter and Paula Cross, 307 South Street, seeking a variance of minimum lot area requirement to convert a single family dwelling into a three-unit apartment building at the above address in an OA District. Sections of the Bylaw applicable: 3.4 and 4.5. Ms. Wisher excused herself from the hearing to avoid a conflict of interest. Mr. Cross presented his proposal to the Board. He explained that the residence contained three units when he purchased it, but they have been using it as a single- family dwelling since that time. Their current plans are to turn it back into a three- unit building. They have three parking places behind the building, and own the adjacent three-unit house on Elm Street, which has nine spots, and a walkway between the two buildings. There are 8,000 square feet required by the Bylaw for the lot size, and they have 6,534 square feet. Ms. Prandini asked, and Mr. Monks noted that there was enough parking between the two properties. Mr. Barney asked what was done to change the property, and Mr. Cross noted that they disconnected two kitchens and removed a couple of walls. The plumbing still exists. They plan to convert it back to its original state. Mr. Cross purchased the property in 1990. This is a 1,466-foot variance. Mr. Alderman moved to grant the variance as requested. Mr. Owens seconded. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 4. Peter and Paula Cross, Coleville Road, seeking a variance of lot width requirement to create a two-lot subdivision at the above location, an RCON District. Subdivision regulations and Sections 4.1 of the Bylaw are applicable. Ms. Wisher also excused herself from hearing this matter. Mr. Cross also presented this project to the Board. This is an old farmhouse with about 10.5 acres. They propose to retain two acres of land with the farmhouse. The 189 feet of road frontage gives access to the eight acres. He indicated the location of the property boundaries on the site plan. Mr. Monks noted that a wastewater permit would be required. The property can be subdivided without Act 250 review. The frontage is 189' for one lot, and 200' for the other. Mr. Owens moved to grant the eleven-foot variance. Mr. Goodhue seconded. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 6. Steven Bruso, 1051 Houghton Lane, seeking variance of setback requirements to construct a garage at the above location, an RCON District. Sections of the Bylaw applicable are 3.4 and 4.1. Mr. Bruso explained that he has a ledge problem. In order to clear the ledge the garage has to be turned and moved over a little bit. When the contractor set the property up, the former Zoning Administrator told them that they had to stay 15 to 20 feet off the right of way. The actual requirement is 50', and a variance of the setback requirement is necessary. Mr. Burs indicated the location of the ledge and the garage on the plan. The garage will be 30 feet from the right of way. Ms. Perrott asked what the right of way is for, and Mr. Monks noted that it is part of an approved road for a subdivision, that is not currently used. It is a paper road that might never become an actual road. The proposed home noted on the plan currently exists. The property consists of 1.91 acres. There is a small shed currently located where the garage will be. Mr. Goodhue moved to grant the variance as requested. Mr. Owens seconded. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 5. Ella Keegan, 432 Camp Road, Mount Anthony, seeking conditional use approval for a wood/garden shed at the above address, a Forest District. Sections of the Bylaw applicable are: 3.4 and 5.2. Mr. Adlerman moved to continue the matter until the next scheduled meeting. Mr. Owens seconded. Mr. Goodhue noted that the site plan should be improved before the applicant appears before them. The motion passed unanimously. 6. Norman Greenberg and Roy Callaert, 115 County Street, seeking approval for a change from a non-conforming equipment rental business to a non-conforming pallet manufacturing use at the above address, an MR District. Sections of the Bylaw applicable are 3.4 and 4.3. Mr. Callaert noted that the property had been vacant for about a year and a half. This is the former Taylor Rental building. Their operation is currently located in the former Morse Building near Ames. This is a good location for them. All of the production would be inside, with some storage on the outside. The Planning Commission has suggested that he use a live fence as opposed to his original proposal. They will be using shrubs in accordance with the wishes of the Planning Commission. They will also have some trees with it. The West line is already heavily treed, and a hedgerow will screen it from County Street. Mr.Callaert noted that they are not a noisy operation. They use saws inside, and a forklift outside, with about three to four tractor-trailers in per week. The two entrances are to accommodate the tractor-trailers. The Planning Commission requested the hedge for aesthetic purposes. Mr. Callaert's original fence proposal was not for security, but aesthetics. Their hours of operation range from 7 A.M. to 7 P.M. Monday through Friday, and Saturday mornings. Mr. Callaert buys his wood cut to certain dimensions. They cut about 35,000 board feet per month. The saws are all air guns with steel jigs. He has six employees. Mr. Callaert noted that they do not do retail sales on the property. His accounts are from Massachusetts, New York, Canada, and many local accounts. They sell their scraps as firewood. They use Oak Wood, and no adhesives, just nails, nothing hazardous. Ms. Prandini moved to grant the change from a non-conforming equipment rental to a non-conforming pallet manufacturing use. Mr. Alderman seconded. The motion passed unanimously. 7. Carrigan Lane Housing Limited Partnership, Carrigan Lane, 316 Safford Street, review of request for setback variance to construct laundry room addition. Mr. Rasmus indicated that he is representing Carrigan Lane Housing Limited Partnership, which is affiliated with the Regional Affordable Housing Corporation. He does not feel that the proposal will present any problems to the neighborhood. The development was done about three years ago, and received the necessary approvals from the Planning Commission at that time. This is for a laundry room for the residents of that project. He indicated the location of the laundry room on the plan. It is connected to the building per the suggestion of the local building inspector. The room will have security access for residents of the project only. It is placed where it is to accommodate the least setback variance without reconfiguring the parking and drive areas. This will take a parking spot, but they still exceed requirements. They will attach utilities from the adjacent building. Mr. Alderman asked the location of the parking spaces, and Mr. Rasmus noted their location, which is not indicated on the map. Ms. Prandini asked if Carrigan Lane is a town street, and Mr. Rasmus noted that it is basically one lot. Ms. Prandini noted that it shows a town street on the map, and there are four parcels noted on the tax map. Mr. Rasmus indicated where the blocked section of the Lane is. The tree was put in under town suggestion. Ms. Perrott asked who takes care of maintenance, and Mr. Rasmus noted that they do. Mr. Monks agreed that the lane is not adequate for high-speed traffic. The variance they are requesting is 20 feet. Mr. Alderman asked if the room could be moved more toward the road and require a lesser variance, and Mr. Rasmus noted that the building is centered to the roofline of the adjacent building. If slid out further it would be complicated and hard to construct. Ms. Wisher asked about the density of the project, and Mr. Rasmus explained. Mr. Monks explained that 25-26 spaces are required, and there are 26 spaces. Mr. Rasmus noted that they need to go to the Planning Commission for site plan review, and he will bring additional plans to show the parking spaces. Mr. Owens asked if the parking areas were under review, and Mr. Monks noted that the Planning Commission reviews the parking plan. Ms. Perrott asked, and Mr. Rasmus noted that this will be a coin operated laundry. Mr. Owens moved to grant the setback variance as requested. Mr. Alderman seconded. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. 7. Other Business ¨ Findings of fact and minutes were passed around and signed. ¨ Mr. Monks read the warning for June 28, 2000. ¨ The light was present and working at North Street and River. ¨ Ms. Prandini asked Mr. Monks to ask Pat Kinney about the tree on Carrigan Lane, and whether or not it is a private road. As there was no further business to come before the Board, Ms. Prandini moved to adjourn. Mr. Congdon seconded, and the meeting was adjourned at 8:48 P.M. Respectfully submitted, Robyn C. Baker Dated this 23rd day of June 2000. _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________