TOWN OF BENNINGTON ZONING BOARD OF ADJUSTMENT MINUTES 1 VETERANS MEMORIAL DRIVE, BENNINGTON, VT 05201 NOVEMBER 10, 1999 @ 7:30 P.M. Present: Ron Alderman, Kevin Goodhue, Gale Wisher, Richard Owens, Jim Gulley, Bill Congdon, Bill Barney, and Jane Kaufmann. Excused: Edith Prandini. Also present: Zoning Administrator Daniel Monks, Andrzej Szmanik, Carrel Killen, Bob Settler, Gerald Butler, John Carpenter, Mike von Ouhl, and Robyn Baker. The meeting was called to order at 7:30 p.m. 1. Minutes of October 27, 1999. Ms. Kaufmann moved to accept the minutes of October 27, 1999 as presented Mr. Owens seconded the motion. The motion passed unanimously. 2. Reading of witness' oath. Mr. Gulley explained that there is a witness sign up sheet that must be signed if someone wishes to give testimony or submit evidence to the Board. He read the 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. Andrew Szmanik, Mount Anthony Road, seeking a variance of front yard setback to construct an 8' x 16' addition at the above address, an A District. Sections of the Bylaw applicable: 3.4, 5.12. Mr. Szmanik presented his project to the Board. Mr. Gulley noted that he is requesting a 23' variance, not 33' as is noted in the Agenda Notes. Mr. Szmanik explained that his family moved here in the beginning of summer, last year. He explained that he has a son in a wheelchair, and they are constructing the addition to accommodate his wheelchair. This will be a two story addition, with a hall and covered porch downstairs, and a bedroom and bath upstairs. The covered porch will have a handicapped entrance, and will make the distance from the house to the road where his son meets the school bus much shorter. He feels that the addition will also make the house more aesthetically appealing. Ms. Kaufmann moved to grant the 23' variance as requested. Ms. Wisher seconded the motion. The five facts were read and voted on: 1. Unanimous. 2. Unanimous. 3. Unanimous. 4. Unanimous. 5. Unanimous. Mr. Monks explained that there is a 30-day appeal period, but the applicant may begin construction at his own risk. 4. Tansitor Electronics, West Road, seeking approval of an expansion of a non- conforming manufacturing use at the above location, the Route 9 Corridor Overlay in the RCON District: Sections of the Bylaw applicable: 3.4, 4.1, 8.1, and 8.5. Mr. Carrel Killen, Senior Vice President, and Bob Settler, General Manager of Tansitor Electronics presented their proposal to the Board. Mr. Killen indicated the location of the proposed addition on the site plan. He explained that the addition would protect employees from explosion or fire, and allow them to manufacture additional items. Mr. Killen noted that the addition will be on the back of the building, and would not be visible from the street. Mr. Killen noted that the building would contain tantalum powder that they use in their manufacturing process. Mr. Killen noted that Eveready constructed two such rooms in the past for the same purpose. Mr. Settler noted that the room would keep the dust out of the air. The applicant explained that the new powder is finer than what they currently use, and requires special handling and special equipment. The new room will house the special handling equipment, and the room will have to be fire and explosion proof. Ms. Kaufmann asked where the exits are, and Mr. Kiilen explained the location of an outside door. Mr. Gulley asked if the room was a "clean room," and the applicant explained that it also had other special characteristics. The addition will be one story. Mr. Wisher asked if the building would have to meet state and federal labor and industry requirements, and the applicant noted that they do. Mr. Settler explained that an engineer has designed the plans. Mr. Barney asked where the water would be going from the steep bank in the back. Mr. Killen noted that it drains into a small, intermittent stream. Mr. Setter explained that it is currently a swampy area. Mr. Killen noted that wetlands are located across the highway. Mr. Killen also noted that the state is fully knowledgeable about the project, and has no problems with the project. Mr. Barney asked about the proposed sewer line coming around the building. Mr. Killen noted that they would be discharging approximately 38 gallons more water per day, with a small amount of detergent. Mr. Settler explained that the water would be rinse water that was used to wash the "binder" out of the pellet. Mr. Barney asked if they would have state approval for that, and Mr. Gulley indicated that they would. Ms. Kaufmann moved to grant approval for the expansion of a non-conforming use as requested pending necessary state approvals. Mr. Alderman seconded the motion. The motion passed unanimously. 5. Gerald and Priscilla Butler, 308 County Street, seeking interpretation that the Village Commercial Zone as set forth in section 6.2 of the Zoning Bylaw allows a building contractor's workshop and associated uses as permitted or conditional uses. Sections of the Bylaw applicable: 6.2. Gerald Buffer gave a presentation to the Board. He indicated the location of his property on a plot plan. He explained that the real estate was part of the Morse and Buffer contracting firm's property. He indicated the view of the building different directions. He explained that they were attempting to continue the tradition of housing a contracting business at the property. Mr. Gulley asked if they were asking if a construction firm was a permitted use in this location, or a conditional use. Mr. Buffer explained that he felt that the property was previously zoned Industrial/Commercial, and is now zoned as Commercial, but notes that the Pottery is an Industrial use. John Carpenter explained that he has a contracting business, and is looking for a location to work from. He explained that he does most of his work in the field, but would like the opportunity to do woodworking and pre-fab construction. He also needs a place to house his tools, trucks, building materials, etc. Mr. Carpenter noted that he currently works from his home on Monument Avenue, but wishes to separate his residence from his business. Mr. Carpenter explained that he currently employs three men plus himself, and operates two vans, a dump truck, and a pickup truck. He explained that they might want to prefab a window or door section in bad weather, so that they could later move them to a job site. Mr. Gulley asked if they would store a lot of building materials, and Mr. Carpenter explained that he usually deals with Greenberg's or Tuttle's. Mr. Buffer explained that he has seven storage garages now, and has had building contractors use the garages for materials storage in the past. Mr. Buffer explained that Mr. Carpenter's proposal was similar to the work that occurred at the property in the past. Ms. Kaufmann asked if the applicant felt that there would be adequate storage facilities for his needs, and he felt that there would. The property would also house his office. Ms. Kaufmann asked what type of construction he would be pre-fabbing, and he explained that he might build a shed, window or door frames. Ms. Kaufmann asked if deliveries would occur, and the applicant explained that they would be just drop-offs. Mr. Barney asked if Mr. Carpenter would be purchasing the whole property, and he indicated that he would. Mr. Carpenter felt that they would be taking over three of the garages, and continue to lease the remainder as they currently are. Mr. Alderman asked Mr. Buffer about carpenters who have stored and constructed things at the property in the past. Mr. Alderman did not feel that the use of the property has been abandoned. Mr. Gulley explained that they have to determine if this is a permitted use, or a conditional use. Mr. Alderman explained that if the use has not been abandoned, they would not need approval. Mr. Monks explained that the Board would have to determine if the use had been abandoned or not. Mr. Butler explained that there has been less activity recently, but some work has continued, while he could not identify the property as an ongoing woodworking shop. Mr. Monks explained that the intensity of the use is not important, as long as the use continued. The matter could be considered a continuing non-conforming use. Ms. Kaufmann felt that some contractor work could also have been performed at the property without Mr. Butler's knowledge. Mr. Butler explained that he has also been there and done woodworking. He explained that he was looking for an individual who would carry on the use, and take care of the place. Ms. Wisher asked if the buildings were constructed for this purpose, and Mr. Butler explained that it was originally a jeep business, but has been a woodworking shop since the 1950s on. Mr. Goodhue explained that he feels that this is a great use for the property, and he feels that the property has been a contractor's shop for years. Ms. Wisher also felt that this should be a permitted use, as it has been there for years. Mr. Alderman explained that the definition of abandoned as stated in the Bylaw, and Mr. Monks explained that there is also discontinued use, which Mr. Alderman also read, and the majority of the Board felt that the situation was a continuing non-conforming use. Mr. Alderman moved to consider the situation a continuing non-conforming use. Ms. Kaufmann seconded the motion. The motion passed with seven in favor. Mr. Gulley was opposed. Mr. Monks explained that the 30-day appeal period also applies. 6. Other Business + Findings of fact and minutes were passed around and signed. + Mr. Monks noted that there would not be a meeting on November 24. The next meeting will be on December 8, 1999. + Mr. Monks explained that he would distribute information from a seminar that he attended at the next meeting. + Ms. Wisher asked what was happening at WBTN, and Mr. Monks explained that they were connecting to water and sewer. + Ms. Wisher also asked Mr. Monks about the Development Review Board. She asked if the Select Board makes the decision, or if it would be a vote of the community. Mr. Monks explained that the Select Board can create the Design Review Board by resolution, but would be discussed at an Open Hearing. + As there was no further business Mr. Goodhue moved to adjourn the meeting. Mr. Barney seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:25 P.M. Respectfully submitted, Robyn C. Baker Dated this 12th day of November 1999.