Development Review Board Meeting

Present: John Watanabe, Ray Ferrarin, Devin Halligan; Tim Waker, John Watanabe, Gerry Deyo, Howard Kalinsky; Kaitlyn Filippi, Sydney Schiffman; also Planning Director/Zoning Administrator Lee Krohn, and others per sign in sheet.

Motion Kalinsky to approve the minutes of 12/2/09; seconded by Deyo and OK by all.

Design Review applications:

Fountain of Youth ice cream shop, 4659 Main Street (former Seychelles): Design Review OK with new signs as proposed, which are new, painted designs on the existing flush mounted and free standing signboards. Concerns were expressed about the continued display of the neon sign at Ponce Gourmet, which is owned and operated by the same applicants. It was agreed to discuss that at another time; applicant offered and agreed not to display neon signs at this ice cream shop. With that representation, motion Deyo to approve as presented; seconded by Kalinsky and OK unanimously.

Crystal Palace, 58-72 Depot Street: Design Review OK with proposal to enclose the existing bare concrete columns (6 total, two at each entrance supporting entry canopies) with mahogany wood of proposed architectural design, painted white to match the building, and including lead coated copper flashing. This approach was actually requested by the Planning Commission years ago as part of a different design application, but the landowner was not prepared to do so at that time. The work will be done soon, as a crew is already on site performing other needed maintenance. Motion Deyo to approve as presented; seconded by Kalinsky and OK unanimously.

Maclean, 467 Three Maple Drive: Applicants were sworn. Krohn explained the recent Selectboard authorization for access to Beartown for up to five new lots, presuming all other staff and board approvals, and that the road retains its Class 4 status with maintenance continuing to the responsibility of those homeowners served by it. Applicant restated his request for approval of the project as presented, with its own new road; but agreed to make good faith efforts pursuing the "Beartown alternative" as the primary access. In that scenario, he would likely propose a single driveway for the lot with frontage on Three Maple Drive. Applicant plans this winter to do selective thinning and clearing of underbrush and small trees (< 4" dbh) on the south side of Beartown, as they did last year along the north side; this would be thinned, chipped, and spread on the land; no logging or timber removal is proposed. Applicant agreed it was reasonable to contribute toward winter road maintenance on Beartown while this work is underway.

Ray Nevin opposed any new road or driveway accessed off of Three Maple Drive.

 Further discussion of roadway maintenance on Beartown, and when this would be triggered - upon approval, or upon actual construction of any new home on this road? Either way, it was clarified that it will be the applicant’s responsibility to create an agreement with the existing homeowners, and it will be their shared responsibility to maintain the road, which will remain a class 4 town highway. 

With no further questions, motion Deyo to close the hearing; seconded by Kalinsky and approved unanimously.

Aubuchon roadway, continued: case history was reviewed, including the DRB’s primary concern from the outset regarding safety of access, especially considering propane trucks. As Ellis Speath stated at the last meeting on this, it remains Aubuchon’s responsibility to solve. The Board believes that Speath’s concept plan on Keith Ellis’ property might help the situation, it does not necessarily solve it; nor do we yet know if other affected parties who also use Taconic Business Park Road support it; Frank Molgano submitted a letter opposing it; nor can we know if Keith Ellis will ever actually apply to redevelop his land even if all agree that the concept works. Speath was unprepared to address these key issues. He was urged strongly to have Aubuchon present, along with Doug Dorr; we will notify the other affected parties so that all may participate if they wish - Speath agreed to the date of January 13, 2010. It was restated for the record that this all gets back to the original permits for Aubuchon, where it was designed, offered, and agreed to reconstruct the intersection of Taconic Business Park Road and RT 11/30, the primary purpose being to improve safety of access, especially for propane trucks entering and exiting the site. Trucks should be able to enter and exit driving forward, not backing in or out of a public highway at a difficult location. It remains Aubuchon’s responsibility to either construct this as proposed and approved, or to submit an application to amend prior permits with a satisfactory alternative that addresses the key safety concern. The matter was then tabled until the next meeting on 1/13/10.

Northshire Day School, barn amendment: the applicant requested a recess. Motion Kalinsky to recess to 1/13/10; seconded by Deyo and OK by all.

Bogossian, 4566 Main Street: applicant was sworn. Proposed is the conversion of the Sox Market to a 72 seat restaurant, including 20 outdoor seats in certain seasons. This is deemed a permitted use, with parking being the reason for referral to the DRB. The other business on site, run by the owners, is an interior design studio/furniture store; these require 6 parking spaces, leaving 26 spaces for the restaurant. A 72 seat restaurant requires 36 spaces. Bogossian submitted a letter from adjoiner Michael Cooney at Manchester Footwear, describing his own actual parking needs as compared with bylaw requirements, and offering to lease Bogossian 8 spaces. Cooney says he has only five employees at most, where 9 are required; and Bogossian cleaned up and restriped at least four other spaces that existed on paper, if not truly on the land, and which have not been used in some time. If the 8 space lease were accepted, then Bogossian seeks "flexibility" on the remaining two spaces required. It was acknowledged that even if this were accepted, Bogossian’s capacity could be affected in the future if conditions changed next door.

The two spaces "short" on the site are only during afternoon hours when all of the businesses on site are open; in the evening hours, when the design studio and furniture store are closed, the site would actually have four surplus spaces on the property. If approved, the lease must be recorded in the land records, as done on other properties.

The specific, permitted site plan for this property was reviewed on its own, and in relation to the surrounding commercial properties, all of which are interconnected and have long allowed for through access, parking, and pedestrian flow. Bogossian also displayed for informal review his proposed design changes to the building and site; these will be considered via design review at an upcoming meeting. He will need one rooftop ventilator; care was urged in its placement vis a vis neighbors. He will also need a ground mounted air handler and HVAC unit; these will be placed against the building, and screened with a fence and shrubbery. Garbage will be placed in 4 residential size cans behind the building, with garbage pickup twice per week; Bogossian believed this was better than using a dumpster, which sits for a longer time between pickups. Marie Griffis of adjoiner THM Properties was present to listen and analyze, but expressed no reservations at this time.

With no further questions or concerns, motion Deyo to close the hearing; seconded by Kalinsky and OK by all.

Upcoming schedule, and other informational items were discussed. With no other business, the meeting adjourned at 9:38 P.M.