Present: Shirley Maiden, Brenda Madkour, Perry Green, Ray Ferrarin, Devin Halligan, Julie Nolan; Tim Waker, Bob Bushee, Alan Benoit, Gerry Deyo, John Griffin, Howard Kalinsky; Kaitlyn Filippi; also Planning Director/Zoning Administrator Lee Krohn, and others per sign in sheet.

Motion Kalinsky to approve the minutes of 12/16/09; seconded by Benoit and OK by consensus.

Design Review applications:

Theory/Kenneth Cole, 97/103 Main Street: Design Review OK with new proposed free standing sign/structure with benches; motion Kalinsky to approve as presented, as long as staff review confirms it will not harm sight lines or sight distance to the east for exiting motorists, which was recently improved with the lowering of the retaining wall; seconded by Benoit and OK unanimously.

United Counseling Service, 5312 Main Street: Design Review OK with removal of one chimney, no longer functional and in disrepair; it is barely visible from the street. The area will be filled in with trim, siding, and color to match the existing building. Motion Griffin to approve as presented; seconded by Benoit and OK by all.

Zaccheo, 4716 Main Street (former Frog Hollow): Design Review OK with replacement windows, of modified design (primarily open plate glass display window, but with one row of simulated divided lites along the top of the windows to retain a sense of historic integrity. Motion Benoit to approve as modified; seconded by Bushee and OK unanimously. Design Review OK with new signs of carved design, colors as proposed; same motion and vote as above. Applicant then suggested he did not intend to have carved signs, even though his application materials clearly stated at least one carved sign as "option 1". Upon further discussion, the original motion/vote was withdrawn, and by a new motion by the same members and subsequent unanimous vote, the DRB agreed to approve instead both signs of matching, non-carved design.

Later in the meeting, the owner and applicant asked the DRB to reconsider its required alterations to the new windows on the building. Proposed as a compromise was that the two larger windows (most visible from the street, and with the fancier cornices and trim) would be built/installed as approved, but that the two smaller windows further from the street be of plain display window design as proposed. All will still be more efficient thermopane construction. Upon reconsideration, it was agreed unanimously to accept this compromise approach.

Bogossian, 4566 Main Street, design review for building alterations, and reopened hearing for site plan changes Bogossian was sworn. He explained a variety of proposed changes to the building itself (new or replacement windows and doors to match those existing on the Decorative Interiors part of the building, a new rooftop ventilator for the kitchen, a solid wall, painted or stained stockade fence with shrubbery to screen a new air handling unit; 6 over 6 windows to be simulated divided lites; a wintertime entry vestibule finished with painted/stained clapboards to match the building; and up to 20 outdoor seats under the existing covered porch area. Design Review OK with all exterior alterations as proposed. Motion Griffin to approve as presented; seconded by Benoit and OK unanimously.

Site plan/reopen hearing: changes include reducing the number of seats from 72 to 70; increasing parking on the northerly side from 9 to 14 spaces; redoing the paved area between the two buildings into a combination greenspace/hardscape path to enhance pedestrian access in warmer weather, while still being readily plowed and maintained in winter. The fenced dumpster area against the rear building has been removed, which regains two parking spaces. Parking spaces remain 9' 6" as approved in the past, but are still 20' long with 26' backout aisles. The design studio needs 6 parking spaces; a 70 seat restaurant requires 35 spaces; 37 total are available on site in the new plan, leaving 4 short during the day. For dinner in the evening, when the design studio is closed, two surplus spaces will exist on site. The owners of the adjoining business, Manchester Footwear, expressed concern about the parking layout, although it was unclear whether this was a concern generally as matters exist today, or in regard to restaurant use in the original plan, or specifically related to the new proposed layout. The DRB questioned Fire Department access between these properties, and any approval will require review by MFD or its Chief. With no other questions or concerns (most issues having been covered in the original hearing), motion Deyo to close the hearing; seconded by Kalinsky and OK by all.

Aubuchon, 1131 Depot Street, continued. The purpose of this discussion was to work toward closure on the long running matter of the Taconic Business Park access road, which Aubuchon had previously offered and agreed to reconstruct in order to better facilitate ingress and egress, and especially to eliminate the need for propane tank trucks to back in off of or back out onto RT 11/30. Waker reviewed the original plan as designed, offered, and agreed by Aubuchon, and which was a condition of prior permits. All know there were issues and concerns of other affected landowners, and the DRB has given Aubuchon great latitude to create a workable solution for all parties; but the time has come to cure the problem and gain closure. Ellis Speath, P.E. stated again that it remains "Aubuchon’s responsibility to address this situation", but then stated his belief that the Town had already accepted the existing intersection geometry "as is". This belief was not shared by the DRB. The DRB restated its primary concern about propane tank trucks backing into or off of the traveled way on RT 11/30. Speath and Doug Dorr suggested that a simpler approach was either already in place, or could be improved or created, that would allow propane trucks to enter and exit this site, even if backing in or out, but remaining out of the traveled lanes of RT 11/30. Speath, Dorr, and adjoiner Keith Ellis agreed to meet the next morning at 7:00 A.M. to review matters on site. Speath will return to the DRB at its next meeting on Feb. 3 with what is intended to be a final concept plan for roadway or intersection improvements that solve the propane truck issue. The DRB reinforced its previous statements that ultimately, either the intersection must be rebuilt as offered, proposed, and approved; or a formal amendment application must be filed demonstrating that the propane tank issue (and other on-site matters clarifying traffic flow between Aubuchon and the business park, and as shown but not reviewed this evening in depth) are all addressed in a satisfactory manner. Speath agreed to do so.

Brown, Lincoln Avenue, preliminary review: Barry Brown and Ellis Speath presented a more full featured preliminary concept and plan for a new mixed-use building with associated infrastructure on his land toward the end of Lincoln Ave, adjacent to Sig Maier’s site (the old Creamery building). The DRB had previously indicated its willingness to consider such a project as an expansion of a nonconforming use (the present use of this industrial land being residential. The new building would include space for Brown’s family businesses (including The Phone Company, which exists in Maier’s building next door); warehousing/shipping; and five residential apartments. The concept plan showed a long driveway which would require larger trucks to back up toward the building. Concerns were expressed about safety and function of this design: functional access, curbcut width, backup beepers, Fire Department access, interaction with residential uses... a preferred solution might be a circular drive that would minimize the need for trucks to back up; one suggested approach was to consider shared access/parking/circulation with Maier’s site (itself tight for space and with difficult access); this might improve conditions for both sites, and perhaps even allow for separation of residential and commercial traffic on the property. Brown and Speath agreed to investigate opportunities before proceeding with a formal application. A site visit will likely prove useful, as well, and may be scheduled in the future.

Upcoming schedule, and other informational items were discussed. A decision was signed in the MacLean subdivision case.

With no other business, the meeting adjourned at 11:15 P.M.