CHARLOTTE PLANNING COMMISSION

Guests Signed in:

Mike Yantachka

Stuart J. Morrow

Liam Murphy

Linda S. Hamilton

Larry Hamilton

Cheryl Robbins-Dooley

Frances Foster

Stephen C. Brooks

Peter Hansen

Edorah Frazer

Elizabeth H. Comolli

Ed LeClair

Chris Kingston

Charles Russell

Stephen Kiernan

David Raphael

1. General Business: Review of Minutes: There was no quorum of those who were present at the March 1^st meeting so this was postponed. Josie Leavitt was the acting chairperson.

It was noted that many people have been picking up copies of the proposed Town Plan. Ed Stone said that was the purpose of the vote that was taken; to have people informed before voting on it.

2. Anthony Perry, Subdivision amendment to relocate Lot #2, relocate the building envelope on Lot #14, and relocate the northerly access road. (The property is located off Route 7.)

Liam Murphy and Stuart Morrow represented the applicant and described their proposals. The first request is to shift the location of the road; it used to be further south. Landscaping has already been started to minimize the visual impact from other roads. Lot 14's building envelope would change to be more aligned with other homes in the area.

They want to relocate the north access road across the Wooly Bear parcel and would change the right of way, but have Okayed this change with the nearby neighbors. Mike Yantachka said this right of way change is okay with him. Dean Bloch suggested they keep that open in case of emergency but Mike said if there were ever an emergency for fire trucks, etc. it would be easy for them to just drive across properties if the driveway were not accessible.

The most significant request is to relocate Lot 2 to the west and remove the AFarm Housing@ condition on Lot 2. Liam suggested that approvals 3 or 4 years ago appeared to be giving up on the idea that there would ever be a viable agricultural use for this lot. He gave some of the history of this subdivision.

This subdivision was originally approved in 1990. Tony Perry had acquired 4 parcels. This lot was part of the Lavalette 5-lot subdivision which included Mike Yantachka=s home. It was a 4-lot subdivision with Mr. Lavalette and Tony, and then Tony bought the Wooly Bear property and combined this with the farm to do this present subdivision. In 1990 Tony hoped to create a farm garden in that whole area.

Lot 2: No one wanted the house close to the road but it was part of the farmstead. They talked about having a small house on lot 2 for the person who would work on the agriculture part, so the condition was that Lot 2 may be used for non-farm. Tony was still not sure that it was workable, though, according to Liam.

Now they are asking that the condition be removed. Tony is giving Lot 15, Lot 16 and Lot 1 as the agreed agricultural Open Space Agreement and has discussed this with numerous farm groups including organic farms. He would like to give this to some organization to use as a demonstration project, etc. The concepts he had ten years ago are not viable but he will still try to have the core of the farm protected, Liam said.

Al Moraska said he remembered that there was an emphasis on farm use. Tony has added new lots to the original application and now he wants to take away the designation for this farm lot. The amount of land is like 10 years ago, and the letter 10 years ago explained this; it was clear that Tony didn=t want to say that forever it would be farm land.

Liam said this was an economic reason, to change. The people to run such an operation are just not here, he said.

Ed Stone said a study for this was agreed to. Liam acknowledged that they have been doing this study and have some evidence that it was not viable.

Ed suggested that we separate the physical issues, as we do have some disagreement about this.

When Dean said it would be good to keep the right of way, Mike Yantachka replied that it would be okay with a four-wheel drive vehicle. The relocated road is on the other side of the pine trees that have recently been planted.

Ed Stone noted that Lot 2 is on the scenic part of the subdivision. Dean suggested that the Planning Commission may want to do a site visit.

Stuart Morrow said they have a suggested building envelope for each lot. One proposed house is 6,000 s.f. on a 90x90' building envelope (8,100 s.f.).

Ed asked if they could limit the footprint of this house. Stuart would consider putting the farm restriction on the farmhouse (Lot 1) instead of Lot 2. The 74 acres include the farmhouse.

Josie Leavitt moved to continue this hearing to April 5^th, after a site visit. Jim Donovan seconded the motion. In discussion, Jim noted that with this restriction in place it would tend to make it a smaller house. The motion was approved, 5B0 with 2 members absent.

3. Chris and Heather Kingston, administrative approval of driveway alignment for Lot #1 of the Charlotte Land Trust subdivision: Chris Kingston presented the topographical map (done by Dave Marshall) that they had been requested to bring, and described in detail the latest route for the right of way.

Option A on the map was the earlier one and it is too steep. Option B is the compromise, less than an 8% grade, then in one spot 10%. The driveway would be 15', or 14' to the boundary of the Kingston piece and the Barber Hill piece. Option A is much more steep than this. There is some drainage required. For either option clearing must be wider than 14'. They have put in their guidelines instructions to protect large trees if possible.

Chris said they are trying to utilize more of the existing road, and their goal is to minimize the impact on the trees. Some fill will be pushed down hill as they construct the driveway.

Dave Brown said there should be some guidelines dealing with whether gravel needs to be put down to support the driveway. Ed Stone asked Larry Hamilton if he would be willing to go up there and look at it.

Dean gave his opinion that Option B appeared to be the best alignment for this driveway. Ed Stone said if we could get Larry Hamilton=s blessing he would go along, and recommended for Mr. Kingston to come to a mutual understanding with Larry as to how wide the driveway has to be and which trees have to be saved. He suggested that 14' may not be wide enough clearing because of the snow in winter. Someone needs to go up with the contractor and mark the trees we want to keep.

Chris said he has already put a bid out and is willing to let the contractor work with the Planning Commission on behalf of the Planning Commission. Linda Hamilton agreed with that concept.

Chris said he would like to begin the process of clearing 14' based on the approximate path.

Josie Leavitt moved that we approve the driveway subject to the condition that the applicant will use a consultation of the Conservation Commission. Dave Brown seconded the motion and it was approved, 4B1 with 2 members absent.

4. Ten Stones, Inc.: Final Plat Hearing for a Major Subdivision creating three new building lots on property located off Greenbush Road. Ed LeClair said there were 5 issues that were in the Findings of Fact.

1) Complete the agreement with Fire & Rescue and take care of the fire pond.

2) For Tracy Beaudin, take action for dust control and noise abatement.

3) Remove the requirement for affordable housing.

4) Disclose the status of the legal requirements (Act 250).

Ed LeClair said for the legal, there is no Act 250 requirement. They have a 5-year mandate re delineation of wetlands on the property. They have a subdivision permit, for which the Agency of Natural Resources have signed off.

Noise control, and dust control: They will plant 65 cedar trees, but the Planning Commission said he will need a letter from Tracy Beaudin that the matter is resolved.

Compliance with Fire Department: Mike has designed the 90,000 gallon fire pond and the fire chief likes the design, but there is no fire pond yet. They have plowed for the dry hydrant.

They did discover that an affordable housing lot was not feasible and that was reported at the last hearing.

The fire pond should provide protection for all the houses plus the Beaudin house. Ed LeClair said the new drainage is working well.

Al asked if there will still be a common house. Ed said there will, and it will be brought to the Planning Commission for site review later.

Ed Stone moved to approve the Ten Stones application for Lots 14, 15 and 16. Jim Donovan seconded the motion but with the amendment that they don=t put the affordable housing requirement in. There was no further discussion and the motion was approved, 5B0 with 2 members absent.

5. Charles and Cheryl Dooley, discussion regarding restaurant on Greenwood America property. The property is located off of Ferry Road.

Cheryl Dooley said they want to open a restaurant at the location of Country Home Products adjacent to the creamery building. They were advised to go back and rethink it. They needed a Master Site Plan. Owners were going to sell 5 acres, and then they would sell the Dooleys a 1-acre lot on which to have the restaurant. She said she is the chef and is ready to go.

Country Home Products had the ideal configuration and Cheryl said they have taken to heart the work that has taken place with the Town Plan effort. She said when she comes back she will have something reflecting their intent and reflecting the Dooley project. She said John Anderson has proposed some preliminary schemes showing parking and access.

They want this to be a 45 to 50-seat restaurant, open for dinner, and on weekends for both breakfast and dinner.

Josie asked about the parking, and Cheryl said they plan on having shared parking. They would eliminate the creamery curb cut so there is one driveway.

The Waldorf School that was explored, is out. They decided to stay in Shelburne.

Jim Donovan suggested that the restaurant itself be closer to the road for visibility and a better view. Cheryl said if that is possible, she would like to do that. She also wants to have the restaurant be house-like, with herb gardens. Dave Brown said that would be nice.

Ed Stone said if this is real nice, people in Burlington may come to Charlotte to eat.

The applicants will need both a subdivision and site plan approvals. PRD and PUD can change the dimension requirements. Usually there are rear yard setbacks. All these are part of the Site Plan Review and these can be done simultaneously.

Cheryl said there will probably be a seasonal menu. Some choices would be organic, 7 to 9 with some vegetarian options for starters. She would serve breakfast on weekends. In the summer she would like to provide some outdoor seating.

Dean said there should first be a Sketch Plan review, then the subdivision.

6. Charlotte Land Trust hearing opened for a subdivision amendment to change the building envelope: Frances Foster was there to discuss the cutting restrictions on Lot 2. Frances said there is one building lot, but they want to give the buyer a choice of another location. She said Wade Weathers is their real estate agent and together they have recently walked the area with snowshoes.

She said this used to be pasture land in the 1970's. Wade has suggested that every tree 6" or smaller, or breast height could be cut, but there should be no clear cut on the hillside and noted there is a no cut zone on the north side. She wants to request the option of letting the owner cut 6" diameter or less trees.

Proposed amendments to Lot 2 are, add an alternate house site, size as indicated by flagging on site, add a 50' buffer no cut zone continuous along the north property line, add a 150' buffer no cut zone along east 216' property line. Also the request for the size of trees to be cut were proposed by the applicants.

Al Moraska suggested they could clear cut the brush but keep the large trees. Dave Brown noted, however, that the small brush is a haven for the rabbits. He said they should keep some of the undergrowth and view if the events are staggered in such a way as to keep the hedgerow. There should be areas for the wildlife connection paths.

This is an important part of the network, Dave continued. Habitat is both mature trees and brush, and forest habitat.

The asking price for this lot is 172K. If we have one house site with 50' around it, Frances said, the selling price goes down. Wade thinks we couldn’t sell it, Frances said.

Ed Stone: Could we say that we would get rid of the current building and build a smaller one down further with a better view?

Larry Hamilton: As a member of the mapping committee, we have been looking at the whole town with a 1990 map. We have already lost a lot of habitat by putting houses in wood lots 200 yards beyond roads. Dogs, swimming pools etc. become so much a problem that the wildlife are disappearing.

Ed Stone noted that Beebe Wicker had a 1950's aerial view that was done 100 years ago showing some of the farm land in Charlotte.

Dave Brown asked, if you let meadow grow up, wildlife use it; where will the wildlife go?

Linda Hamilton said their goal is to help people get a vision that habitats are the network of connections. On the map, the green sections are forest. The ones that are on the map are the significant ones. A lot of species, she said, can=t tolerate interference. The green indicates where these blocks of forest are in Town and this is one of the few in the western part of the town. Dave Brown said they have been taking a survey of this wildlife.

Steve Kiernan (an adjacent neighbor) asked to speak. He said this is a defined wildlife corridor. There are owl, cedar waxwings, fisher etc. He said he wrote a letter early on, with concerns that the path not be motorized.

Steve suggests that they have not gotten the price they hoped for, and the basis for this request is the price tag. This is a market reaction; there were no buyers at 145K, and now they want 175K. He suggests that if they just wait a couple of months it will sell.

The applicant representatives agreed that the price of the lot is important, but it seems limiting that they have to go with so much restriction.

Jim said the Planning Commission may need another site walk. He asked if we got a topographical map with the original.

Josie Leavitt announced that the Planning Commission would continue this application to April 5^th and to meet with Wade Weathers on the 25^th of March for a site walk.

7. Greenwood America, Sketch Plan Review for a 5-lot residential subdivision creating 4 building lots and one common area lot off Lake Road: The applicants presented a project overview stating that the existing lot area is 37.8 acres. The homes would be clustered, leaving 30 acres open. Lot to the east is Lot #6 and would be attached to adjacent property to the north. It is land locked, and there is not supposed to be any land locked parcels in Charlotte. Some of the land is all wetland and is forever undevelopable.

Jim suggests they create an access easement for Lot #6. Dean has already requested that. If there is no easement for Lot 6 and the lot is attached to the adjacent property to the north then Country Home Products would need to come in as a co-applicant, Dean said.

Ed Stone said there are some issues: They should use the existing road, and Dave noted that the Town Trail project is looking to connect. They should grant a floating easement. The Town could work with the existing landowners.

Ed read the issues:

1) Provisions for use and maintenance of the common road, septic area, fire pond, and open area.

2) Provisions in Section 5.15 of the Zoning Bylaws and Chapter V. Section 10 of the Subdivision Bylaws.

3) The design of the common road should conform to the recommended standards.

4) Consider granting Town a trail easement.

5) Consider placing the wetlands in the common area.

6) Explore the acceptability of the 50' setback in the common area (from Zoning regulations).

Jim Donovan moved to classify this application as a Major Subdivision. Ed Stone seconded the motion. In discussion Al Moraska said he liked the concept of this design. The motion was approved, 5B0 with 2 members absent.

The meeting adjourned at 9:35 p.m.

APPROVED BY THE CHARLOTTE PLANNING COMMISSION ON

Chairman Date

O:\Planning Commission\Minutes\2001\cpc15mar2001apprvd