town of bennington zoning board of adjustment minutes 1 veterans memorial drive, bennington, vt 05201 AUGUST 23, 2000 @ 7:30 p.m. Present: Ron Alderman, Gale Wisher, Richard Owens, Bill Congdon, Kevin Goodhue, Edith Prandini, John Redding, Melissa Perrott and Bill Barney. Excused: Kevin Goodhue. Also present: Zoning Administrator Daniel Monks, Jim Secor, Tyler Rasmus, Andrew Sparta, Mike von Ouhl, Mike McDonough, Bev Thayer, Mary Ellen Devlin, Mary Martialay, and Robyn Baker. Ms. Wisher called the meeting to order at 7:30 p.m. 1. Minutes of August 9, 2000. Mr. Owens moved to accept the minutes of August 9, 2000 as presented. Ms. Prandini seconded the motion. The motion passed with six in favor. Ms. Perrott and Mr. Reading 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. Regional Affordable Housing Corporation, 112 Hillside Street, seeking variance of minimum lot size requirement to convert single family residence to duplex and seeking variance of setback requirement to construct portico at the above address, an OA District. Sections of the Bylaw applicable 3.4, 4.5. Mr. Rasmus presented the project to the Board. He indicated that the property is located across from the Second Congregational Church. The house is set apart with wooded area on both sides and behind. The house is in a state of disrepair and has not been maintained for many years. The roof has been leaking creating damage and problems with the structure and electrical system. The costs involved in rehabilitating the property are substantial, and they hope to have two units instead of one, with the downstairs apartment being large and handicapped accessible. The second floor would be a small one-bedroom apartment with the entrance from the front. The entrance for the downstairs unit would be from the side. There is also a request for the addition of a front portico with a small gable to make the house more attractive. There is a four by six pad for the portico with a roof and two supporting columns. There is one existing parking spot on the right side of the house for a handicapped parking space. On the other side there is one parking space with a second space possible. Hillside Street is 30 feet wide at this point, with traffic mostly on Sundays. They were hoping to use street parking for the third spot if possible, otherwise they would develop the second space on site. Mr. Barney asked if the upstairs apartment would be in the attic. Mr. Rasmus noted that there are six windows in the existing three bedrooms upstairs. There are shed dormers on the rear. The apartment will be one bedroom, with a full bath, kitchen/dining area, and a living room. Mr. Barney noted that in the wintertime they couldn't park in the street. Mr. Rasmus noted that they generally only need one parking space per unit. They can add the third space on site if necessary. Mr. Alderman asked what the cost of renovation would be, and Mr. Rasmus noted that the costs to renovate were over $60,000 not including the purchase price. Mr. Alderman asked why they did not appear before the board before they started the project, and Mr. Rasmus noted that they have verbal permission from the Building Inspector to begin the cleanup. Mr. Monks noted that the applicant needs to gut the building regardless of what happens with it. He reported that they were informed that they could not do any structural changes, and he does not feel that the applicant has done anything inappropriate. Ms. Prandini asked how close the nearest building to the west is, and Mr. Rasmus noted that the old CB factory is about 100 yards. He indicated the location of the stucco house in relation to the property. Ms. Prandini asked how far it was from the right of way line to the house. Mr. Rasmus noted that they did not have real information on the center line of the road or right of way. Ms. Prandini noted that the steps are approximately seven feet from the right of way, eleven feet from the sidewalk. There is an existing concrete stoop. Mr. Alderman feels that the site plan needs to include three parking places. Ms. Perrott asked if there were any available parking spots in the rear, and Mr. Rasmus noted that there is a drop of eight feet from front to back, which would create problems with wintertime accessibility. Mr. Barney asked if the parking as indicated was to scale, and Mr. Rasmus noted that it was. The lot is one tenth of an acre. The applicant is seeking a 30% variance, and Ms. Prandini feels that the lot is too small to support the project. Mr. Rasmus noted that the Cross property was approved just a few weeks ago. Ms. Perrott asked how much square footage of living space the first floor included, and Mr. Rasmus noted 600 square feet. They will need to enlarge the windows for fire egress, but a second story fire escape is not required. Mr. Barney moved to grant the 1644 square foot density variance with the requirement that there be three parking spaces. Mr. Owens seconded. The five facts were read and voted on: 1. Six in favor. Two opposed. 2. Seven in favor. One opposed. 3. Four in favor. Four opposed. 4. Six in favor. Two opposed 5. Six in favor. Two opposed. Ms. Prandini moved to grant the 14-foot front yard setback variance as requested. Mr. Owens seconded. The five facts were read and voted on: 1. Seven in favor. Ms. Wisher opposed. 2. Seven in favor. Ms. Wisher opposed. 3. Unanimous. 4. Unanimous. 5. Seven in favor. Ms. Wisher opposed. 6. Bruce Carman, Mortimer Street, seeking conditional use approval for a counter shop at the above location, an OA District. Sections of the Bylaw applicable are: 3.4, 4.5. Mr. Secor and Andrew Sparta, House of Tile, presented the project to the Board. They propose to reuse the existing facility at the end of Mortimer Street. It is presently used as a car repair area and warehouse. It was previously a cabinet building factory. They plan to add security lights and motion sensors. The door would be replaced with an insulated acoustically rated overhead door. Mr. Sparta explained that they do custom stone work, and they plan to do the cutting and polishing at this location. This would not be a major manufacturing operation. They currently use a skillsaw with a water blade. Mr. Secor reported that they conducted noise level readings, and the saw read at approximately 100 to 105 decibels. With the door open and the meter pointing at the saw they read at 90. With the door shut they are at 70 and at the property line they are down to 59. The ambient background noise was 52. The reading at the neighbor's house was 59. The readings in the back lawn of the McDonough property were negligible. They will replace the door with a higher acoustical rating which will decrease the readings about 20 decibels. They also plan to install insulation. There is no plan to use tractor-trailers and the applicant would accept that restriction. The stones are delivered in a one ton single axle flatbed truck. The saw might run an hour a day, and most of the work is layout and polishing. They would accept a restriction of operating hours of 9 to 3 for saw operation. They have been running the operation in their existing facility. Mr. Sparta is required to charge sales tax on the labor he sells, which makes this a finishing operation, not manufacturing. They plan to have operating hours from 7 to 6, but noise restrictions would be acceptable. There will be on site storage. There are some mobile homes approximately 80 feet away. Mr. McDonough's property is approximately 1200 feet away. Mr. Alderman felt that the Board needs to determine if this can be considered a conditional use in this district. Mr. Secor felt that it is not a manufacturing process, as they are doing final applications and modifications to a 90% complete project. This is a taxable labor operation, such as an upholsterer. Mr. Alderman asked and Mr. Monks agreed that if this were in a VI District it would be a conditional use. If a use is specifically allowed in a certain district, and not specifically listed in a different district, then it is not allowed. Mr. Monks noted that there is no listing of countertop finishing in the Bylaw. Mr. Alderman noted that Section 6.63, paragraph 3 addresses treating these products, which would cause this to be inappropriate in the OA district. Mr. Sparta noted that they are taking a product that has already been industrially processed, and finishing it. Mr. Barney asked if they are currently doing this on Harwood Hill, and Mr. Sparta noted that they need more warehousing space as they grow. Mr. Sparta feels that they might only be there for two to three years if the business grows as they hope it will. Mr. Barney asked if this would be acceptable in the commercial overlay. Ms. Perrott asked if Mr. Secor could relate the noise level of this operation to a laundry mat. Mr. Secor noted that an air conditioner is between 50 and 70 decibels. Washing machines are 60 to 78; dryers are 55 to 65. The noise levels would be equal to or less than the levels of other permitted uses. Ms. Perrott asked if there would be a lot of traffic, and Mr. Sparta noted that there would be two full time employees, and two to three deliveries per week by a flatbed truck. Delivery of orders would be once per day. Joe Joseph was the previous owner and he did cabinet manufacturing on the site. Mr. Barney asked if this was passed if the variance goes with the property or the owner. Mr. Monks noted that this was a decision of whether the use is permitted in the OA district. Any other tenant could do countertop finishing in that site or any other OA site. Mike McDonough addressed the Board. He owns a residential property on Lafayette Street. He explained that he believes that the proposal is not consistent with the definition of conditional uses allowed in the OA zone. Mr. McDonough feels that this is a fabrication process. A good in a finished condition which is fabricated for a specific purpose. Certain uses are not permitted in certain zones because of the elements associated with a particular use. Storage and warehousing is not permitted in the OA Zone either. The other conditions relative to noise have to do with the movement of goods to the site. He urged the Board to be familiar with the condition of Mortimer Street, which passes by a multi-residential dwelling. He feels that this use would not technically be permitted in the commercial overlay zone on Harwood Hill, and it should not be permitted in a residential area. Mr. Sparta noted that there is a stone shop operating on Harwood Hill on the Shaftsbury town line. Bev Thayer indicated that she is a resident in the duplex. She does not want to have anymore noise in her backyard. Ms. Prandini asked if the operation would be permitted on Harwood Hill. Mr. Barney noted that they have cut stone out in back of the school, right next door to him. Mr. Barney noted that there is not a lot of noise involved in that. Ms. Perrott asked if the town maintained Mortimer Street, and Mr. Monks noted that it is listed as a town roadway, and should be maintained by the town. Mr. McDonough noted that the surface of the road has been deteriorated by erosion, and does not feel that the town is maintaining the road. Mary Ellen Devlin lives on Hamlin Avenue. She uses Mortimer Street as access to her home. The people who own the apartment house that abuts the property maintain the road. Mr. McDonough noted that they are comparing noise levels, but most noisy activities in residential neighborhoods are temporary. Mr. Secor noted that the length of time that the saw would be used is limited, not constant. Ms. Prandini asked about the noise level because she has tenants who are annoyed by the noise of a refrigerated truck with decibels about 70. Ms. Wisher is uncomfortable setting a precedent. Ms. Prandini moved to determine that this is a conditional use in an OA District. Mr. Alderman seconded the motion. The motion was unanimously defeated. 7. CPL Subacute, L.L.C., Bennington Health and Rehabilitation Center, 2 Blackberry Lane, application withdrawn. Mr. Owens moved to deny without prejudice. Ms. Prandini seconded. The motion passed unanimously. 8. Other Business ¨ Findings of Fact and Minutes were distributed for signatures. As there was no further business to come before the Board, Ms. Prandini moved to adjourn. Mr. Owens seconded, and the meeting was adjourned at 8:35 P.M. Respectfully submitted, Robyn C. Baker Dated this 8th day of September 2000. _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ ____________________ _______________________