cpc19july2001

Jim said nowhere on the survey does it say “town” and would like to add a condition that in order for this to be final, that there be enough evidence shown to the Town Planner that a right of way does exist. Gordon agreed, and further suggested that the deed should make reference to that, and the spur that Jim asked about.

Gordon suggested that if they want to use the other right of ways are clearly delineated so that the other properties don’t become land locked. If that the right of way for the spur along the northern side of the Clark parcel exists, it should be on the map, and it should not be on there if it doesn’t exist. If this is a mistake (on the tax map), then it should be taken off. Wayne said the stakes are there and that won’t be a problem.

Jim Donovan moved to approve the application of Wayne Clark for a boundary adjustment with Conditions 1 through 5 of the Town Planner’s notes as read by Jeff McDonald, and

(6) The sheath titled “Plan of Land of Wayne and Faye Clark, Charlotte, Vermont” be amended to show the parcel of land extending to the north that will be deeded to Wayne, and

(7) That both plans clearly show the 60 ft. right of way access to land to be deeded to Steven and Elizabeth Clark.

Gordon Troy said there should also be a condition

(8) That there is either satisfaction of non existence of a right of way that is shown on the tax map that is shown along the northern boundary of the property of Wayne and Faye Clark, or if it does exist, that the right of way be clearly delineated on both the mylar and the deed. If the right of way to the property to the east does not exist, and that can be shown to the Town Planner, then Condition #8 is automatically satisfied.

Josie Leavitt seconded the motion as amended and Jeff McDonald asked for discussion. Stephen Brooks asked to hear clarification of Condition #8 and it was repeated. The motion was approved, 5-0 with two members absent.

3. Greenwood America, Subdivision Modification: Mel Hawley brought a map showing all of the holdings of Greenwood America from Lake Road to Ferry Road. The subdivision modification involves the transfer of two parcels, to become joined with Parcel 3 which is the one with the farmhouse and barn. For the Lake Road parcel with 32 acres, they are proposing to create a 15+ acre lot which is the next item on the agenda.

The balance of 17 acres would be joined with lot 3 which is the farmhouse and barn property. He described a lot line which would be gone. The other change relates to a small piece of property and it relates to the hopeful sale of the lot with the Waldorf School.

The so-called creamery lot is currently 7.73 acres, and the proposal would be for allowing the sale of 6 acres to the Waldorf School and reserving 1.7 acres which would then be combined with Lot #3 which is the farmhouse and barn parcel. Adding the 1.7 acres in Lot 3, it could be the site of a future septic pump station.

Gordon noted that after the next agenda item, they will end up with Lot 3, the farmhouse lot, which will have 56.36 that will extend to the back of Mack’s farm property and the other subdivisions.

Mel commented on Dean’s notes about the draft wildlife corridor and public trail easement, which in essence would cause a problem. What they are offering, he said, is that all of the plats will reference these easements.

There is a 50-car parking lot associated with the creamery building, Mel said.

Jim Donovan asked if there is any way of extending the right of way over Lot #2 through #4, to the rear of Lot #3 on the south side. He said while they are doing this subdivision preparations should be made to assure access to the back, or rear of Lot #3. The wet area on the west end of Lot #3 creates a problem for access, Mel said. Jim said before the lot is sold to the school, the easement from Ferry Road to the rear of Lot #3 should be provided, before it’s too late. Mel said they are trying to get an easement.

Gordon said there could be a condition that as Lot #3 is enlarged, access to any development in the rear of Lot 3 cannot be created across the western Ferry Road frontage of Lot 3.

Jeff asked if there is any objection to the boundary adjustment.

Jim Donovan moved to approve this Greenwood America application for a boundary adjustment with the condition that all maps show the floating trail easement and access to the rear of Lot #3, and that access to the Lot 3 be through one of the existing drives: either Lot 1 or Lot 2. Gordon Troy seconded the motion, but wants the intent to be clear that the current curb cut for Lot 3 is not intended to service the 23.5 acres that is being merged into Lot #3. That last sentence is offered as a friendly amendment.

In discussion, Mel Hawley said Greenwood America goes further than what was requested of them; the floating trail easement will go all the way over to Ferry Road. He asks if it would be permissible to run the walkway trail along a 20 or 30 ft. along the road. Members agreed that this could keep pedestrians, horses and bicycles off the roadway. The intention of the long range trails plan is to accommodate a whole inter network across the town.

There was further discussion about the open space modifications which are still acceptable.

Jeff called for the vote, and the motion was approved, 5-0 with two members absent.

4. Greenwood America, application to create a 3 lot subdivision on Lake Road: Mel Hawley said this application is quite different from the original proposal. There is now a 15+ acres with a 3-lot p.r.d. and “much better-shaped lots” than in the original proposal asking for 4 lots.

There are a number of changes, he said. Starting from the road, because there was a requirement to have a 20' wide wildlife trail running along the common area and then floating beyond, they needed to move the road. The fire pond has been eliminated and the building envelope for Lot 3 (which used to be lot 4) is smaller. The property lines are all outside of the buffer zone and no one owner will own land in the wetland area. So there is the wetland, a 50' buffer, and another 50' beyond that. There will be a fence only during the construction area, Mel said.

Mr. Pitrowiski noted that Dean’s staff notes called attention to an error in depicting the property line, and said that error has been corrected. He said the wells are inside the building envelope and this new map is the one that they want to have recorded. The common space is 11.74 acres, and the lots are 1.1, 1.4 and 1.21. The total is 15.19.

The septic system is a community area but each lot has its own 1000 gallon septic tank and it pumps to its own separate trench. This is a separate fringe within a common mound. The written Operation and Maintenance requirements will require that the homeowners be responsible for their own septic tanks (spelled out in the covenants), and that there has to be an inspection of the main area each year.

Mel said they had engaged David Raphael to create hedgerows between the lots. There are existing hedgerows on the north and south and David’s plan calls for enhancing them and creating a new hedgerow. The other improvements are to take some of these trees and spread them. They are not proposing to plant new trees along the road.

There is a wide variety of plants proposed with 6 to 7' shrubs with a mix of evergreens. Steve Mack asked that some of these be pines. There are some varieties of pines and some cedars in the mix, with more than 50% of them being evergreens.

Mel said there is a request with the Selectboard to name the street “Robin Lane.” They had asked for “Meadow Lane” but that was rejected. He said the Selectmen would actually choose the name.

Robert Mack asked if there are any covenants, re an acknowledgment that there is a farm in the area. He said he would not want anyone complaining about farm activity.

Jim Donovan said usually that is done, and in the proposed new Town Plan that will be addressed. The Town Plan addresses the homogenous nature of the rural community. Jim said the concept of putting something in the covenants in this case isn’t a bad idea.

Stephen Brooks stated that putting that in would encourage the Town to stay rural in nature. Mr. Pitrowiski said it is possible to put something in the covenants about this.

Jeff noted that this plat did receive preliminary approval and the recommendations have been done, as Dean has noted. The number of lots has gone from 4, to 3. The building envelopes have been done, the shared driveway has changed.

Gordon noted that visually there may be too much driveway. He asks if the Planning Commission needs to keep open the driveway approval. Mel said they had put “typical” for the driveway location. He proposes to take the driveway depictions off entirely, with the knowledge that when the builder comes in he may change the location entirely according to where the garages will be and what the shape of each house is.

Mr. Pitrowiski agreed that a shared driveway may be better and that is usually done to minimize curb cuts. But a landscape architect may decide, if the individual buyer wants, to make a separate driveway rather than to have a shared one.

There was a discussion about the Army Corps of Engineers and their jurisdiction for wetlands.

Jeff started to read Dean’s recommendations regarding the covenants. Mel agreed that whatever these changes would be in the final approval, they would agree to do.

The requirements were for a 25' maximum height, but Greenwood America asks for a 30' maximum height for the homes due to the fact there is a 35' maximum height for the rest of the town. They expect to have 3 houses with 4 bedrooms each. There is an 8,000' aggregate and no single dwelling could be greater than 2,850 s.f. This has to be clarified in the covenants so that if the first two homes happen to have, say the full 2,800 s.f. the final home will have to be smaller.

Steve Mack said he’s the one who will have to look at these houses, so asked if the houses were larger, that the screening trees should be larger. The trees chosen, it was observed, are of a type that will grow fast (and Robert was advised, jokingly, to go over there and add some manure from his farm to make the trees grow faster).

Language can be put in so that final refinements can be done administratively at the Planning Office.

Gordon Troy moved to close the hearing on Greenwood America and finalize it in deliberative session. Josie Leavitt seconded the motion and it was approved, 5-0 with two absent.

5. Continued deliberation on Stearns, acreage of open space area. There were slight changes in wording of Dean’s recommended decision. The “subject parcel” at the eastern portion was changed to read, “lot 9.” The wastewater disposal plan is shown on the survey, as requested.

Al said in #2 of the open space area, and asked if that were too much. Gordon said the total of 40 acres should include the building lots, the road r.o.w. easement, and the rest of the 40 acres. Josie said they had added up all the lot sizes which came up to 8.45 includes the original house. That makes 31.55 acres left and Jim said they should include the road calculation in that. Dean suggested that the wording of the open space requirement is to be, “the eastern portion of lot 9" and defined as 31.5 acres.

Condition #16 says that the application shall provide a landscape plan. Jim said that doesn’t have to be an individual landscape plan for each lot, but just a screening.

Gordon asked that there be a condition that “only single family units will be allowed.” The square footage average for the neighborhood, Jeff said, is too small for market conditions if it is only 1800 s.f. Gordon and Al both said they would prefer the limit to be less than 2000 s.f. Jim preferred 2200 s.f. Josie liked the idea that they could build a smaller house, under 2000 s.f. and then have the possibility of adding a room over the garage. The 25' height was agreed to.

Stephen Brooks wanted to add comments but this was a deliberative session.

Gordon wanted to add a condition that the total square footage of accessory structures be limited to 500 s.f., and that was deemed too restrictive. It was finally agreed to have the final square footage of living space at 2000 s.f. in the proposed decision.

Gordon Troy moved that the Planning Commission approve the Findings of Fact and Decision for Rodney and Donna Stearns subdivision, as amended. Jeff McDonald seconded the motion and it was approved, 4-1 with two absent.

Josie Leavitt moved to adjourn, at 10:00 p.m. Gordon Troy seconded and the meeting closed, 5-0.

APPROVED BY THE CHARLOTTE PLANNING COMMISSION ON

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Chairman Date

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