town of bennington
                 zoning board of adjustment
                          minutes
                              
      1 veterans memorial drive, bennington, vt 05201
                 AUGUST 9, 2000 @ 7:30 p.m.
                              
  Present: Ron Alderman, Gale Wisher, Richard Owens, Bill Congdon, Kevin
  Goodhue, Edith Prandini, and Bill Barney.
  
  Excused:  Melissa Perrott and John Redding. 
  
  Also present: Zoning Administrator Daniel Monks, Charles and Dianne Kiriaji,
  Carmen DeNatale, Mike von Ouhl, and Robyn Baker.  
  
  Ms. Wisher called the meeting to order at 7:30 p.m.
  
     1.     Minutes of July 26, 2000.
  
  Mr. Alderman moved to accept the minutes of July 26, 2000 as presented. Mr. Owens
  seconded the motion. The motion passed with four in favor. Mr. Alderman, Ms.
  Prandini, and Mr. Goodhue abstained. 
  
  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.     Ayoub Maher, 700 Main Street, seeking density variance to construct additional
     apartment unit at above address, a VC District. Sections of the Bylaw applicable
     are: 3.4, 6.2, 8.5.
  
  Carmen DeNatale of Phoenix Business Properties was representing the applicant.
  Mr. and Mrs. Charles Kiriaji would like to purchase and renovate the building,
  with a restaurant operation on the first floor, and divide the one large apartment to
  two. The variance is for 300 square feet. Mr. Monks felt that the variance was 595
  square feet. The applicant noted that there is no yard and the property would not
  be suitable for a family with children. Mr. Alderman asked if the restaurant use
  would be similar to the previous take-out use, and the applicant noted that it would
  be. They would be renovating the building. Ms. Prandini asked the applicant to
  indicate where the apartment would be divided, and he indicated on the plan. Mr.
  Barney asked if there was adequate parking, and Mr. DeNatale indicated the
  location of the parking spaces. Mr. Monks explained that they need to add 1.5
  spaces for the apartment, and they are adding two, but the restaurant has a
  preexisting parking issue.
  
  Ms. Prandini moved to grant the density variance as requested. Mr. Goodhue
  seconded. The five facts were read and voted on.
     1.     Unanimous.
     2.     Unanimous.
     3.     Unanimous.
     4.     Unanimous.
     5.     Unanimous.
  
     6.     CPL Subacute, L.L.C., Bennington Health and Rehabilitation Center, 2
     Blackberry Lane, request for continuance. 
  
  Mr. Alderman moved to continue the matter until August 23, 2000. Mr. Owens
  seconded. The motion passed unanimously. 
  
     7.     Other Business 
     ¨ Mr. Alderman noted that the easel has not been present, and Mr. Monks
     explained that the Town office shares the easel and he was unable to locate it for
     that day. 
     ¨ Mr. Monks noted that the warning for the August 23, 2000 meeting has been
     published in the Banner.
     
  As there was no further business to come before the Board, Mr. Goodhue moved to
  adjourn. Mr. Owens seconded, and the meeting was adjourned at 7:44 P.M.
  
  Respectfully submitted,
  
  
  Robyn C.  Baker
  
  Dated this 16th day of August 2000.
  
  
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