DEVELOPMENT REVIEW BOARD August 21, 2007 7:00 PM BENNINGTON FIRE FACILITY 126 RIVER STREET MINUTES BOARD MEMBERS PRESENT: Charles Copp, Chair; Barry Hörst, Vice Chair; Bill Barney; Ron Alderman, and Michael von Ouhl. NOT PRESENT: Al Ray and Richard Owens. ALTERNATE BOARD MEMBER PRESENT: Gene Rowley. OTHERS PRESENT: Dan Monks, Zoning Administrator; Peter Cross, Jon Traver, Jim Secor, Jason Dolmetsch, Michael Lunch, Karyn and Marilyn Lubeck, David Mance, and Robyn Baker, Recording Secretary. Copp called the meeting to order at 7:00 PM. 1. Minutes of August 7, 2007. Copp noted that on Line 38, Barney seconded the motion, not Ray. Hörst moved and Alderman seconded approval of the minutes of August 7, 2007 as corrected. The motion carried. Von Ouhl abstained. 2. Interested Persons - Appeal Rights - Reading of witness' oath Monks read the appeal rights and witness oath. 3. Disclosure of Ex parte Communications and Conflicts of Interest Ray excused himself from the hearing. 4. Alternates - Voting Assignments The Board members present were all voting. 5. William Davis, 144 Hurley Lane, the applicant is seeking final approval of a two lot subdivision at 144 Hurley Lane. This matter was preliminarily reviewed by the ARP. The applicant has agreed to put in a means for turn around as you come into Lot 2. There may be some discrepancy at the end of lot 2 next to the spring. The ARP recommends approval once that matter is resolved. Barney moved approval as presented. Rowley seconded. The motion passed unanimously. 6. John Carpenter, 115 County Street, the applicant is seeking development plan approval for a 1,500 sq. ft. expansion of the existing retail storage (self-storage) facility on County Street. Alderman moved to continue the matter at the applicant's request. .Von Ouhl seconded. The motion passed unanimously. 7. Peter and Paula Cross, 629 Main Street, the applicant is seeking development plan and design plan approval for a new six-unit apartment building at 629 Main Street. This is the first of two required hearings. John Traver, architect explained that they are proposing to connect these two properties and construct a new 6 unit apartment building, with 6 one-bedroom units. There are five trees in front. There will be a walkway to the back two buildings. Cross pointed out a stockade fence along the side of the property to shield it from the neighbors. Hörst asked, and the applicant explained that there would be two 150 watt torches. Alderman asked and Monks explained that they would need to merge two existing lots into one for this application. Barney asked about service access and Cross noted that it is for the existing building at 637 Main Street. It is a single width drive, for oil truck, rescue squad access, etc. Copp reported that the town maps do not agree to the site plan. Cross explained that the section with two houses was purchased about ten years ago, and is about 50 feet deeper than the Wolfe property. The Colvin property was 252 ft deep, and the Wolfe property at 629 Main was 196 ft deep. The previous owners, the Dwyers, own the buildings on Union Street bordering the rear. The retained a section in the back for parking. It has just been discovered that the property was never subtracted from the tax map. Traver noted that they may have reversed the two properties when they recorded that transaction. Monks reported that Antognio, town assessor, agrees with Traver's map. Monks reported that tax maps are never used for transfer purposes, but it will be corrected to match what Traver has described. Copp asked the applicant to please include a graphic scale in case of reduction. He also noted that two handicapped spaces required must be shown. Cross reported that half of the parking would be gravel; the front part would be paved. Copp reported that the Bylaws require that the parking should be five feet from the property line, so the last space must be moved. Copp noted that the parking places in front should be 43 feet from the building so people won't back into it. The applicant noted that they would include curbing which needs to be shown on the plan. Alderman asked about dumpsters and Cross reported that there aren't any. There is an enclosure for covered trash cans. Copp asked that the evergreen be shown at the front near CAT-TV. Marilyn Lubeck owns the abutting property on the east side. She asked about the location and Cross noted that the two barns would b e removed. She expressed concerns about parking. Copp reported that won't be near her property. Traver indicated the location of the driveway and parking. Cross explained that the tenants pull in and out there, but there is a sign that says fire lane. It should always be open for service vehicles open. There is adequate parking to the rear of the property abutting Dwyers. Lubeck asked and Monks explained that regulations several years ago did not allow this addition because of density restrictions. Traver explained that there will be 32 parking spaces to allow for people who might have two vehicles, 1.5 spaces for each apartment. Karyn Lubeck, 643 Main St., also addressed the Board. She was concerned about a big stone droop off near one barn which might be a safety hazard. Rowley moved to close the hearing to Deliberative Session. Von Ouhl seconded. The motion passed unanimously. 8. B&F Real Estate Corp., Stocklee Lane, the applicant is seeking final subdivision plan approval for a 100 dwelling unit Planned Residential Development off of Stocklee Lane. Jim Secor explained that they are seeking final subdivision approval for a 100 unit development. He explained that Wright had concerns about the buffer, so they have added a buffer around houses 1 and 2 by leaving the natural vegetation, and adding in 30 5-6' pine and spruce to be located at the agreement of the developer and Wright to screen the driveway and preserve the viewscape. They will maintain a 30 ft buffer of natural vegetation. The property has a fairly shallow slope toward the settlement pond based on state regulations. It is difficult to see a break in grade. The pond will be wet, so they have added a rail fence. In response to a Board concerned that there was not enough storage, they added that 8 x 10 storage sheds will be allowed within the confines of the 50 ft. setback. Secor indicated the culverts at the entrance point. Copp asked about the proposed sewer clean out at 32, and Secor explained that was in error and would be deleted. Copp also asked that the applicant include an arrow toward the property related to the Building 3, easement so that it doesn't appear as though the whole property is an easement. Michael Lynch, Stocklee Lane, addressed the Board. He explained that the setbacks were different in earlier hearings. There was a 50 ft vegetation setback initially versus a 50 ft. housing setback. He explained that the Board had requested his home be indicated on the plans, and Secor indicated the location. He was also concerned about ground water and runoff. At the Act 250 Hearing, Lynch reported that Secor mentioned that the wells were built deep and would not be an issue. He has had his well inspected since, and the casing is 25 feet deep, and the well is only 27 feet deep. He is concerned about construction and storm water run off. His well is close to the settlement pond. Secor explained that he has not received the well inspection report. Lynch reported that it was sent to Act 250. Secor indicated the setback requirements for water supply. The Lynch property is about 160 feet from property. The building setback is about 200 feet, and the sedimentation pond is even greater. Storm water and water regulations do not require greater setbacks. Lynch will have the ability to tie into the municipal water system with this project. Lynch asked about water testing, and reported that he does have a current test for a baseline. Secor explained that they are not proposing a monitoring program, and feels that they are in compliance with state regulations. Hörst asked, and Secor explained that he does not feel that there was much difference in elevation. Hörst asked about the soil, and Dolmetsch explained that it is classified as a mixture of B and C...moderately permeable to marginally permeable. Lynch asked who the financial burden would fall on if they tie into the municipal water system. Monks explained that it would be at Lynch's expense from his home to the water main. The Town will own the water system once it is constructed and tested. Von Ouhl moved to close the hearing to deliberative session. Rowley seconded. The motion passed unanimously. 5. Other Business As there was no other business, Alderman moved to adjourn at 7:45. Rowley seconded. The motion passed unanimously. Respectfully submitted, Robyn Baker Minutes Secretary