Views of Dummerston - 2012#1 - Winter

Page 1

Volume 22 Issue 1

Winter~2011-2012

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Sandri Expansion Plans Move Forward by Eva Greene In fall of 2011, Dummerston’s Development Review Board (DRB) received a proposal from Sandri Realty, to expand operations at an allnight convenience store and gas station at I-91 exit 4 south. At the first hearing, the DRB asked Sandri to revise their application. The second hearing, on December 20, lasted for almost three hours. After extensive deliberation and review of Sandri’s application, the DRB issued a conditional decision on January 4, 2012. Their decision is posted on the Dummerston town website: www.dummerston.org/archive/drb/20120104sandrirealtyinc.pdf. What follows is a summary

of the main points of that decision. Summary of findings of fact Sandri’s property is a nonconforming irregular parcel of 1.8 acres in a Rural/Commercial Zone, a remnant of land left between Route 5 and I-91 after construction of the interstate highway. The land use, building, and signage are nonconforming to zoning standards. A National Grid electric transmission line traverses the property north to south, limiting development options. The site is adjacent to the I-91 Exit 4 southbound ramps and approximately 500 feet from Putney township. In September 2011, the applicant applied for a zoning permit to do the following: expand the

Regional Library Sale Completed By Greg Brown The Southeastern Vermont Learning Collaborative completed the purchase of the former Regional Library Building on Route 5 from the State of Vermont in November 2011. This ended a process begun in the spring of 2009 when the state notified the Dummerston Selectboard and the Collaborative that it wanted to sell the building. At that time, state policy specified that such “surplus” real estate had to be offered to the town before it could be auctioned to the highest bidder. Such sales to towns were always done at greatly reduced prices. For several years the town had been leasing the building from the state, and then sub-letting it to the Collaborative. The terms of the rental deal specified that the Collaborative would pay all costs that went with rental of the building, so the lease cost the town nothing. The Collaborative wanted to stay in the building, which met their needs well. After some negotiation, the Town and the Collaborative agreed that the town would buy the building from the state and

then sell it to the Collaborative. The building would go on Dummerston’s grand list and the Collaborative would pay property tax like any other property owner. The Collaborative agreed to pay Dummerston’s legal expenses for the purchase and sale process. At a special town meeting in 2009 voters gave the selectboard permission to complete the purchase and immediate sale of the library building. Negotiations with the state on a purchase and sale agreement were very slow through 2009 and 2010. When the Selectboard learned in spring 2011 that state policy had changed enabling sale of the library building directly to the Collaborative, the town was able to withdraw from its “middleman” position. With help from Senator Jeanette White and state Commissioner of Buildings and General Services Mike Obuchowski, the sale was finally completed. In December the Collaborative, true its commitment paid all the legal costs the town had accumulated as a participant in the process. For additional information contact Greg Brown at gig_brown@yahoo.com.

building by 924 square feet; add coolers and freezers to the structure; update restrooms; add a Dunkin Donuts coffee shop; upgrade heating/ air conditioning systems, fixtures and interiors; and set up a driveway with drive-thru service, signage, and lighting for Dunkin Donuts. The Dummerston Zoning Administrator denied the permit, finding that it required a conditional use permit, site plan approval, sign approval, and a variance for additional development within the building setback area from Route 5. Thereafter, the DRB held two hearings on the application, and required further revisions and documents from the applicant. The Sandri property has been the subject of five prior permits and deliberations since 1988. Nine sections in Dummerston’s Zoning Bylaw are relevant to Sandri’s current application, all of which are listed in the full DRB decision cited above. General discussion and additional concerns Testimony and letters were received from a number of neighbors, citizens and area property owners. Their concerns included signage, traffic impacts (including the lack of traffic volume data for this location), the possibility for increased crime, drive-thru, vehicle idling, alcohol sales, lighting, energy use, pollution, wildlife impacts, and variance standards. Written testimony was received from the Dummerston Planning Commission, the Dummerston Conservation Commission and the Dummerston Energy Committee. The Dummerston Selectboard’s Anti-Idling Resolution was also received. The DRB noted that there were other problems with the Sandri proposal, including additional traffic, traffic conflicts, inadequate parking space, landscaping issues, and signage. (1) Based on general studies, the gas station/convenience store is estimated to generate about 1,302 trips per day. The addition of a Dunkin Donuts tenant continued on page 9


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