The audience members were Keith Graham, Dennis Richardson, Dorothy Richardson, Harry Temple, Angle Cioffi, Lorraine Zigman, Roald Cann, Annmarie Christensen, Mary Ann Allcroft, Beth Kamhi, Stuart Kerr, Ann Lavigne, Deborah Perkins, Brian Szad, Donald Perkins, Mrs. Terracciapo, Bev Howe, Peter and Sue Korbet, Hallie Whitcomb, Ryan Pelletier, Monica Mass, Joanne Goanna, George Ainley, Julie Levy, Joyce Sabo, Joan Perkins, Chris Perkins, Wayne Beliveau, Diane Ryneck, Ana Perkins, Virginia Franklin, Steve Melanson, Steve Aikenhead, Rob Terracciafo, Gloria Ballantine, Mike Bickford, Polly Floson, Fred Barton, Joan Barton, and Matt Kenison.
Acting chair Graham Hunter called the meeting to order at 7:05.
II. Additions & Corrections
There were none.

III. Approval of Minutes: July 14, 2010
Ted Goddard made a motion to move approval of the minutes to after the site plan review. Debbie Graham seconded it. All were unanimous.
Debbie Graham made a motion to approve the minutes of July 14, 2010 as written. Graham Hunter seconded it. All were unanimous.
IV. Public Hearings
There were none.

V. Site Plan Review
A. Application #09.2010 by Deborah Perkins for establishment of "Perkins Country Deli" at 2069 Route 106 in Perkinsville
Graham Hunter stated that he had talked with Wayne Beliveau a few months ago in regards to this site plan. Graham Hunter told him that he would need to contact deForest Bearse. He has no professional interest in this project. He feels that there will be no conflict of interest. Debbie Graham stated that she knows Brian Szad and has met Debbie Perkins. She feels that there will be no conflict of interest. Ted Goddard stated that he has no connection with this project. The Board members were given some documents by Peter Korbet.
deForest Bearse stated that this site plan is for retail sales/store. It has a preexisting small lot. It is categorized as a small enterprise. It is a permitted use in a village. Exhibit 1 will be the packet app#09.2010, site plan review application, and site plan based on the survey done by Gary Rapanotti's and edited by Wayne Beliveau.
Graham Hunter stated that Route 106 is a highly traveled road and wanted to know what is going to happen to the parking in the front. Wayne Beliveau stated that the front will be the delivery area. It will be for a temporary delivery.
Ted Goddard asked about curb cuts. Wayne Beliveau said that they do not have any plans for curb cuts right now. They would be willing to pursue it. There will be signs in the parking areas with tire bumpers. They have been in contact with VTrans in regards to Route 106. Graham Hunter said that he sees 7 regular parking spaces with 1 handicapped. He sees there is a wellhead below one of the parking areas, but parking will not be on it. He wanted to know how it will be protected. Wayne Beliveau stated that people have driven on it in the past, but there will be some planting or a tower there to protect it. It is the wellhead to the establishment. There is a dry well system which is the leach field for the abutting property. There is presently lawn from the third parking space to the back.
Graham Hunter stated that in Section 6.14 the residence needs 2 parking spaces. Small enterprise needs 1 parking space per 400 square feet of space. Donald Perkins said that they live next door and that they will not be parking at the store. Wayne Beliveau said that there is enough turnaround area in the back and it will be shur pac for the parking area. They will put parking signs on the building. There will be no roof over the ramp at this time. The entrance will remain in the front. They have anticipated a service entrance for service issues and emptying the trash. This is a small scale operation with homemade items.
Graham Hunter said that in 6.14.2 requires that the parking area for a Small Enterprise shall be set back 50 feet from adjacent residential uses, but that in a Village district, a four foot high solid fence shall be used in lieu of the 50 foot setback. There is an abutting house to the south. Wayne Beliveau said that where the fence ends, there could be a hedge. A portion of fence already exists. They are just going to extend the fence towards the road.
Peter Korbet stated that neither the applicant nor the owner has contacted them at any time in regards to the opening of this store.
Joan Perkins said that Peter Korbet's wife stopped her and asked her what they were doing. I told her that we were going to open the store. They were notified that we were going to open the store and there has been no further communication.
Sue Korbet said that in fact she did meet her. Joan Perkins did tell her before Christmas. Sue Korbet said that she just did not tell her husband.
Joanne Titcomb said that she has enjoyed the store there for many years. She is not sure why there is so much discussion about a fence. Graham Hunter stated that according to the Bylaws a 4 foot high fence takes the place of the 50 foot setback (6.14.2). They are going to be doing a 6 foot fence. He just wanted to see if the Korbet's had anything to say about the fence. Donald Perkins said that the hours will be from 6 in the morning to 8 at night. Wayne Beliveau said that they have no specific lights. The lighting will be established in accordance with the Town and State regulations. There will be adequate lighting for visitors which will be down casted and off during non-business hours. They want the parking area to be safe. The lighting will be on during business hours and changing of the seasons.
deForest Bearse said that it has changed from a conditional use to permitted use. There is a strong desire for this use in the village. Graham Hunter said that currently there are two lights on the side of the building. Wayne Beliveau said that they feel that two is adequate. There is not a lot of room for landscaping changes. Donald Perkins said that there is already an existing street light. Wayne Beliveau said that there is already noise from Route 106 since it is already highly traveled. The Perkin's will try to have a policy of shutting off vehicles while using the store. They have studied what occurs in heavy rains and there has been no puddles or run off to the road. It has been absorbed into the gravel bank.
Peter Korbet stated that the letters were submitted for the record. They got copies of Exhibit 1 from deForest Bearse. He brought in questions to deForest Bearse such as what about the historic district, permitted zones, etc. They have a problem with the dumpster being near the back fence which is near their back deck.
Graham Hunter stated that the Board is only here to discuss the site plan. They are not here to discuss the approval process. Sue Korbet said that she has looked into the new septic rules and portable water supply. She said that food wastes need to have a 720 setback. Graham Hunter asked what other possible choices could there be. Wayne Beliveau said that the dumpster concerns could be addressed.
Donald Perkins said that it would be a small dumpster (4 yd) and they will do recycling. Ryan Pelletier said that a 4 yard dumpster is fairly small. The odor could be controlled with deodorizers. Joyce Sabo said that she would be willing to take the food wastes for her compost.
Sue Korbet said that she has supplied the store with water more than once. She wanted to know if there has been a wastewater permit issued. Wayne Beliveau said that they have been in consultation with the health department, wastewater, and with the State. The State has done a walk through twice in regards to the deli.
Wayne Beliveau stated that they have an engineer that is helping them with the State requirements. The septic has been exposed, cleaned and inspected. They have had discussions with individuals in determining the wastewater and public water requirements. The well might need to be raised above ground level that is why we have the wellhead area marked off. The leach field location needs to be determined and the State needs to be involved.
deForest Bearse stated that she had asked the applicants to ask for a waiver since there are a lot of buildings within an 1/8 of a mile. It would be an added expense for the applicants. There will be no construction and existing building with existing landscape.
Donald Perkins said that he is hoping to open the store in the spring. Wayne Beliveau said that they have invested a lot of money into this project and there is no point going any further if the Town won't allow it. Graham Hunter stated that you are doing something that is a permitted use. Graham Hunter stated that it might need to be continued at another meeting due to the documents provided and alternative location of the dumpster. Wayne Beliveau stated that the position of the dumpster could be modified or changed.
Peter Korbet stated that the leach tanks for the Korbet's dry well is by the shed. Eleanor Wilder had a deeded assessment to the southern abutter. We both have access to that septic tank on my property. The two leach tanks are on the store's property. The leach field is very important to me. It serves two parcels and would like it increased to 15 feet.
Anne Marie Christensen said she is the co-owner of the leach field and shares the septic. She has never had any trouble with the septic. She is more concerned with the heavy trucks and equipment on the pipes that go to the leach field. Peter Korbet uses a well on her property. According to our deeds, he uses my well and I have my own well.
Polly Holsom said since the store zone is allowed, what is holding it up? Is it the dumpster or a leach field, or the 15 foot variance?
Wayne Beliveau said that they could do the 15 foot. It is now 10 feet. Polly Holsom said that she wants the store and what can town's people do to help the process. Graham Hunter said that before the Board is a site plan. The Board needs to consider the implications to the abutters and the Town and make sure it is done correctly so that it is not appealed. It makes sense to take the time now and listen to concerns and address the smell, leach field, and danger to people driving or walking by. The Board wants to get it correct.
Rolly Cann said that he helped to write the original Town Plan and Zoning Bylaws. He wondered if there was any way the Board could get a sense of the people's feelings. The strong opponents with the legal basis are getting to speak. Graham Hunter said that a site plan review is before the Board. If someone wants to speak about the site plan, they should say something. They want to make sure what gets done works for applicants and abutters. Small enterprise is allowed in villages. Lorriane Zigman said that she hopes the applicants succeed.
Peter Korbet said that the Town Plan talks about traditional use. A country store is a traditional use. It was not much different form 20 years ago. The owner lived upstairs. The store had accessory use. The side and back yard were private uses. People had parked out front before. The zoning has changed Section G to allow the parking needs for pre-existing buildings to be addressed by allowing some on-street parking, off-site, rather than forcing applicants to create on-site, off-street parking on sites that might not have much available land, or to deny a permit to an existing building that could not accommodate parking on the site. It was made to a primary use. The single family residence is the primary use. The apartment should be a PUD. The Select Board is in the process of designating parking on High Street. The church and other people would benefit from this parking.
Graham Hunter said that in 6.14.3 G deals with existing parking offsite parking. This plan as proposed has adequate off street parking. There is adequate plans for screening. Hallie Whitcomb wanted to know since that it is approved, why are we still doing it? Also, why one to two people can make it so this does not happen? Graham Hunter said that the use is approved. The site plan review needs to happen.
Angel Cioffi said that she has enjoyed the previous store. There is nothing there now. The store sounds like it is going to be smaller scale. There will be much less use with the water and septic.
The Board went into a deliberative session at 8:55. The Board came out of deliberative session at 9:10.
Graham Hunter said that the Board intends to approve the plan with conditions, the first of which
is that the applicant submit a revised Site Plan, for record, showing a 15 foot buffer around the leach tanks (or whatever they are), similar to what was required in the previous permit/Site Plan, and with the Dumpster Enclosure be located at least 20 feet from the property line.  There are to be other conditions as well - comply with the Exterior Lighting provisions of the Bylaws, submit a Letter of Intent from V-Trans, amend the Site Plan Review Application so that there is no check-mark on box 8, and obtain all other necessary permits.

VI. Deliberations

VII. Public Comment
There was none.

VIII. Other Business
There was none.
IX. Adjournment
Ted Goddard made a motion to adjourn the meeting at 9:18. Debbie Graham seconded it. All were unanimous to adjourn.

Respectfully submitted,

Diana Day