TOWN OF Bennington PLANNING COMMISSION MINUTES 1 VETERANS MEMORIAL DRIVE, Bennington, VT 05201 NOVEMBER 17, 1999 O 7:30 P.M. Present: Chairman Donald Hicks, Jamie Jerome, Robert Burgess, Vice Chairman Barry Hörst, Janet Thompson, Dick Cutler, Secretary, Jim Frechette, and Michael von Ouhl. Also present: Kelley Coulter, Peter Holden, John Foster, Carrell Killean, Bob Center, Zoning Administrator Dan Monks, and Robyn Baker. The meeting was called to order at 7:30 p.m. 1. Minutes of November 3, 1999. The following corrections were noted: Carrel Killean should also be Included in the attendance, and the word sing on page 2 should be sign. Commissioner Hörst moved to approve the minutes of November 3, 1999 as amended. Commissioner Thompson seconded the motion. The motion passed with six in favor. Commissioner Jerome abstained, as he was not present at the meeting. 2. Greenberg Realty, Edward Egans, Bike Barn, 341 Main Street. design review of signage. The applicant was not present. Monks felt that they could either continue the matter, or deny the applicant the right to return. Commissioner Burgess moved to continue the matter for two weeks. Commissioner Jerome seconded the motion. The motion passed unanimously. 3. Leon Hilliard, Murphy Road, request to extend mobile home storage permit for 90 days. Commissioner Burgess asked if they were extending for 90 days since the permit expired or for 90 days from this date, and Hr. Honks noted that was at the discretion of the Commission. Chairman Hicks asked if the mobile home was occupied, and Mr. Coulter noted that he was attempting to become financially able to restore the mobile home and either subdivide the property or relocate the mobile home. Commissioner von Ouhl asked how much work would be completed in 90 days, and assumed that the applicant would require an additional extension. He asked if the maximum length of the permit was 90 days, and Mr. Monks explained that it was. Mr. Coulter agreed that he might attempt to renew the permit for an additional 90 days at that time. Mr. Monks noted that the maximum permit was for 90 days without renewal. Commissioner Thompson asked if the applicant was using the mobile home, and he noted that he is not using It, but is currently trying to restore it. The mobile home Is empty. Commissioner Jerome Informed the applicant that he would be required to act by Hay. Chairman Hicks expressed reluctance to extend permits of this sort. He felt that he has less problems with someone living in the home, and as long as the applicant is working on the mobile home and trying to upgrade it, he could accept the situation. Commissioner von Ouhl asked if the fine would be Imposed after the permit expires, and Mr. Monks noted that it would be $100 per day after a seven day notice to comply. Commissioner Thompson concurred with Hicks statement, but felt that if exceptions are made frequently, then the rules don't mean anything. Commissioner Jerome moved to grant temporary approval. Commissioner von Ouhl seconded the motion. The motion passed with seven in favor. Commissioner Thompson was opposed. 4. Tansitor Electronics, West Road, Route 9, seeking final site plan approval for a 1862 square foot addition to existing manufacturing facility at the above location, the Route 9 Corridor Overlay in the RCON District. Sections of the Bylaw applicable: 3.4, 4.1, 8.1, 8.5. Mr. Killean and Mr. Center were present to represent the Tansitor Electronics. They noted that the Zoning Board of Adjustment has granted their approval, and no changes have been made to the plan since the prior hearing. Commissioner Cutler moved to approve the project as presented. Commissioner von Ouhl seconded the motion. The motion passed unanimously. 5. Church of God, Town Line Road, seeking final subdivision plat approval for a boundary line adjustment between two adjoining properties in the above location, an RR District. Subdivision Regulations and Section 4.1 of the Bylaw are applicable. Peter Holden and John Foster were representing the Church of God. Mr. Holden noted that this is a request for a straight subdivision. They propose to carve .53 acres from the 14+ acre parcel, and convey the property to the adjoining landowner, Vince. They received a state subdivision referral permit, which says that the property cannot be developed until they go through a complete permitting process. The church has approved the proposal. Mr. Foster noted that they wanted to allow Vince to protect his property from the other neighbors. Mr. Holden felt that the state deferral permit controls what could happen. Commissioner Jerome moved to approve the proposal as presented. Commissioner Hörst seconded the motion. The motion passed unanimously. 8. Other Business A. Reading of Warning - December 1, 1999 Mr. Honks read the warning for the next meeting: "The Town of Bennington Planning Commission will hold a regular meeting on Wednesday, December 1, 1999 at 7:30 p.m. in the District Court, located at One Veterans Memorial Drive, Bennington, Vermont. The purpose of the meeting will be to conduct regular business and to Hold public hearings on the following: The Town Plan Adoption Hearing Other matters that have been continued." B. Mr. Monks reported that the hospital has applied for approval for their Act 250 permit for their Murphy Road project. The meeting will be on December 15, 1999. Mr. Monks reported that he has received written notification from the hospital about their Intent to return to both the Planning Commission and the Zoning Board of Adjustment for approval of their water source. Commissioner Hörst asked if any definitive Information has been provided about the wells, and Mr. Monks explained that the studies as to the amount and pressure that the well could provide have been completed and will support the project, and final state permits are pending. Mr. Monks agreed to share any information that he receives. Commissioner von Ouhl asked if abutters had been notified. Mr. Monks noted that the hospital has held a meeting Inviting abutters to discuss the Impact of the well, and has only had one or two responses to the request. Commissioner Hörst expressed concerns about how the well would affect surrounding agricultural land. Commissioner Cutler concurred. Chairman Hicks noted that all Planning Commission members could attend the Act 250 hearing. Mr. Monks noted that the meeting is on December 15, 1999 at 9:30 at the Vermont Veterans Home. He noted that he will be attending the meeting. C. Mr. Monks reported that there is some Information in the packets about a seminar In Burlington, and asked the Commissioners to let him know if they wished to attend within the next few days. D. Commissioner Frechette noted that the Banner was seeking a new name for the Bennington Bypass, and felt that the commission could send a suggestion. He suggested that the formerly known bypass be referred to as the "Richard C. Pembroke Beltway." He felt that Representative Pembroke's efforts have resulted in the road being built and It was an appropriate recognition. He noted that beltway means highway skirting an urban area, and while Bennington is not an urban area, he feels the definition most closely fits the situation. Chairman Hicks felt that the name was appropriate. Commissioner Frechette moved and Commissioner Burgess Seconded the motion to send the endorsement to the Banner. The motion passed with six in favor. Commissioner Cutler abstained. Commissioner Hörst felt that they should discuss the matter with Representative Pembroke before they take formal action and Commissioner Jerome agreed. E. Commissioner Thompson reported that she attended the capital facilities plan meeting conducted by the Vermont Agency Of Transportation meeting at the airport on Friday. They are asking for support from Individuals and Boards to support the plan and submit letters to the state in support of it. She noted that she has information from extending the runway to improving hangars. She reported that they hope that this will make a difference for travel in the region. Commissioner Thompson recommended that they write a letter as a group. Commissioner Jerome supported the recommendation. Chairman Hicks also felt that they could present a resolution and vote on it. He felt that they should have a resolution in their hands before they vote on it. Commissioner Thompson agreed to work with Mr. Monks to write a resolution to present to the Board at the next meeting. As there was no further business, Commissioner Cutler moved to adjourn. Commissioner Hörst seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:05 P.M. Respectfully submitted, Robyn C. Baker