CHARLOTTE PLANNING COMMISSION

7:00 P.M., TUESDAY, FEBRUARY 16, 1999

TOWN OFFICES, 425-3533

Members Present:Chairman Al Moraska

Ed Melby

Jim Donovan

David Allen

Dave Brown

David Woolf

Members Absent:

Jeff McDonald

Officials Present:

Temporary Planner Kit Perkins

1. General Business, review & approve minutes for Dec. 1 and Nov. 17, 1998: Al asked for a little less detail when someone says something with a little too much flamboyance, so there will be a couple of sentences deleted on the November 17 minutes. Al Moraska moved to approve the minutes for November 17, 1998, and David Allen seconded the motion. It was approved, 5–0 with one person abstaining and one person absent.

In the December 1 minutes, on page 7 the motion was meant to declare the Clark Hinsdale application on the Claflin Farm subdivision a Modification of a Major Subdivision, not a Minor Subdivision. The motion is hereby corrected, and Jim Donovan moved to accept the minutes of December 1, 1998 with a correction to that motion. Ed Melby seconded the motion and it was approved, 6–0 with one member absent.

The February 2, 1999 minutes were next considered. Jim Donovan reiterated the conditions that were discussed when Richard Pete's sketch plan was brought in. The lot with the barn must have only one homesite, and even though the barn could be converted either to a single family home or to a duplex, that duplex would be the one homesite and an additional homesite is not to be allowed. If there is a new home built there, the barn could not be used as another homesite but could only be used as a barn or outbuilding. The minutes must be more explicit on that point so that the issue will not be misinterpreted at a later date. Jim said after his vote on that any approval of the proposed house site would be tied to his making a site visit for the larger lot, and was not changing the vote for the classification but said he would have a further comment when Mr. Pete comes in with the preliminary site plan.

Jim Donovan asked that the stipulation be clear that the lot can be developed with a single family house and a barn, or a duplex unit in the barn and no single family house. Al Moraska moved to accept the minutes for February 2, 1999 as corrected. Jim Donovan seconded the motion and it was approved, 6–0 with one member absent.

2. Deliberative Session for discussion on reconsideration of the Perry Subdivision Approval Conditions requested by Liam Murphy: The promised letter from Fire Chief Chris Davis relating to the Perry proposal to eliminate one of the fire ponds was entered as part of these proposed conditions. Mr. Davis describes alternatives that would address the excess distance from the fire pond to the furthest homesite.

David Allen spoke of the conditional use determination letter from Karen Bates relating to wetlands in the area. She said approval has been requested for the two dry hydrants and two emergency pull-offs in two Class II wetlands; it doesn't say they have given their approval. Jim said that is simply their standard notification letter and is more of a warning than anything else. It is an invitation for comments from interested parties before they make their decisions. They haven't started to review the package yet and they are asking the public for input.

Al Moraska made a motion to accept the letter of Fire Chief Chris Davis, dated February 6, 1999, to be approved as a condition of the Anthony Perry Subdivision reconsideration, which is being made at the applicant's request. Jim Donovan seconded the motion and it was approved, 6–0 with one member absent. Discussion continued on other proposed changes to the original conditions as presented by Mr. Perry's attorney, Liam Murphy:

On page 1 of the proposal by Liam Murphy the Planning Commission did not hold a hearing to reconsider the November 19, 1998 decision, because there was no warning that such a reconsideration was going to take place. Although they listened to Liam Murphy describe reasons that the applicant wanted a reconsideration at the meeting held on January 5th, 1999 the members of the Planning Commission also explained reasons that governed their previously written conditions. Although there was no official vote at this time they did say they would reconsider if Liam would come back with a written request.

He did submit the letter before the February 2, 1999 meeting and the Planning Commission had a deliberative session to discuss reconsideration based on the proposed "Findings of Fact" letter Charlie Burnham asked him to submit. Fire Chief Chris Davis then had concerns because he heard that Mr. Perry was going to request eliminating one of the fire ponds, so he came in to the meeting of February 2, 1999 at which they were first looking at that request. (Liam Murphy was not present.) This is what transpired:

Fire Chief Chris Davis was there to express concerns about the proposal by the applicant via Liam Murphy, that one of the proposed fire ponds, the one on Lot 9, be left off the plans. A dry hydrant is okay, those distances are okay, but the 2000' for Lot 6 is much further than the recommended 1200' maximum distance. That's the distance that the Charlotte Fire Department can lay their hoses in case of a fire without having another fire department come and help out. He doesn't want to allow a greater distance for this applicant than he would for any other applicant that would want the same treatment. [Chris described a well-hydrant design as one solution among others.] Chris promised to write a letter to the Planning Commission about this so they can use it in their decision.

So for Item 4 of the proposed "Findings of Fact," the Planning Commission went into deliberative session on February 2, 1999 to consider the evidence. Then for Item 8 as well, there was no conclusion of additional testimony for this applicant request. The Board went into deliberative session on February 2, 1999 to see the request for reconsideration that was resubmitted by Liam Murphy.

Mr. Murphy's paper then goes to "Conclusions of Law and Decision" which will be part of these Minutes. Item #2 is addressed by the inclusion of the conditions in Fire Chief Chris Davis' letter.

Question #4, "The lots shall conform to the design standards of the bylaw," is crossed out. "There shall be no structures, except agricultural fencing, outside the depicted building envelope areas without review and approval by the Planning Commission as a Subdivision Modification. The foregoing limitation shall not apply to agricultural structures on Lots 15, 16, 16, 17 or the open space portions of Lost 5 or 14," is substituted for Liam Murphy's request which had included Lot 8. Lot 8 will not be included in this release of these limitations because it is in a forested area and is going to be treated the same as the other residential lots and does require review and approval by the Planning Commission.

Question #6 which states that the required plantings shall be maintained and replaced if dead or diseased: that statement shall be included on the property plat. Then in the same paragraph, "Such covenants shall be enforceable by the Town of Charlotte ... or its (instead of its Conservation Commission) Planning Commission or the Charlotte Zoning Board of Adjustment with the advice of its Conservation Commission." In addition for the same question, "The required screening trees (strike "for a lot") shall be in place prior to issuing building permits for such lots. (Strike "these" at the end of that sentence.)

Question #7 shall read as follows: "House peaks not to exceed the lesser of the top of those proposed plantings as shown on the Plat, which are visible from Route 7 or Greenbush Road or 30' as measured from the low point of the building envelopes. For example if the lowest point of the building envelope is at 100' relative elevation, then the maximum house peak would have 130' relative elevation, except such maximum house peak might be required to be lower if the top of the trees planted in accordance with landscaping are lower than 130' relative elevation at the time of applying for the building permit. If the ground level of the plantings is 110' relative elevation and a 16' high tree is planted then the maximum house peak would be a 126' relative elevation." These conditions shall be written on the plat, such as "proposed plantings as shown on..." and should reference Keith Wagner's Landscape Plan. The date of Keith Wagner's Landscape Plan should also be stated, so there is no mistake about the correct plan. (Note that the plantings shall be depicted on the Final Plat.)

Question #9, at the end, the sentence shall read, "Such covenants shall be enforceable by the Town of Charlotte or its Planning Commission or the Zoning Board of Appeal with the advice of its Conservation Commission."

Question #10 it shall read, "Connect a public recreational trail system from the John and Sue Patnaude proposed trail to the Abele property to the north. This may be accomplished , via an easement on the west side of Lots 15, 6, 7 and 8." Alternately this may be accomplished by submitting an application for an easement on the Perry property. This will give it a tax designation so that it is clear which property is designated.

Question #13 will state: "Each lot is to have water from a drilled well."

Al Moraska moved to continue the hearing to March 3, 1999 so that the Planning Commission members can review these changes before sending out their decision to the applicant. David Allen seconded the motion and it was approved, 6–0 with one member absent.

3. Review of Proposed Regulations for Telecommunications Towers: Mary Beth Freeman and Alison Lockwood presented the latest copy, dated February 8, 1999. This latest revision addresses Atty. Steve Stitzel's concerns in a letter of January 18, 1999.

These proposed regulations are pending approval by the town attorney. The interim regulation enacted by the Selectboard gives the town the opportunity to improve the town plan and in the meantime, to get something in place.

Al suggested some things to eliminate some of the repetition. There was also found a duplication in a paragraph identification and its subsequent paragraphs. Discussion centered around various places in this proposal and Mary Beth was going to work with Interim Planner Louis Cox to change certain passages in the computer file and to reprint it with changes.

At 11:00 p.m. the meeting adjourned.

Submitted by Nancy Lane

APPROVED BY THE CHARLOTTE PLANNING COMMISSION