CHARLOTTE PLANNING COMMISSION

Guests Signed in:

Jim Dickerson

Stuart J. Morrow

Liam Murphy

Linda S. Hamilton

Larry Hamilton

Linda Radimer

Frances Foster

John Sheehan

Laurie Stavrand

Chris Kingston

Charles Russell

Stephen Kiernan

Kate Lampton

Tom Anderson

Robert Long

Wade Weathers

Dave Marshall

Debbie Ramsdell

1. General Business: Review of Minutes: In the review of March 15^th minutes, clarifications were made to statements about the clearing for the driveway for option A on the map for the Charlotte Land Trust subdivision Lot 1 (the Kingston property), and further explanation about Aroad@ to mean Adriveway@ that they were clearing for. Jim noted that although Larry and Linda Hamilton were at the table for this, it was only Chris Kingston who represented the applicants.

In the Ten Stones decision an addition of the word Awetlands@ instead of Alands@ was inserted and it is acknowledged that for noise control and dust control the applicants have not yet planted the 65 cedar trees but will do so.

In the Charlotte Land Trust hearing for Lot 2 requesting a change in the building envelope and the cutting restrictions, there were some changes in wording requested by Frances Foster regarding when some of the land was pasture land, and the height of the trees that she wanted to be able to cut.

There was also some clarification made on statements for the Greenwood America residential subdivision and a statement that applicants should look into using the existing farm road for a trail, and that there needs to be an exploration of the acceptability of having a 50' setback for homes in the common area.

Jim Donovan moved to approve the minutes for March 15, 2001 as amended. The approval vote was 4, with 2 abstaining because they had not been present at the meeting and 1 member absent (Al Moraska had not yet arrived).

March 1^st minutes were reviewed next. Jeff McDonald asked that A8" mains@ be replaced with A8" force mains@ in the discussion about the proposed town wastewater system. He also asked that A8" gravity serve@ be replaced with A8" gravity sewer@ and change the statement that the line will be in the corner of the green, to Athe pump station will be in the corner of the green. Civil Engineering Associates is the designer for this.

In the Kingston application it was Chris Kingston who spoke rather than Dave Marshall, Dean noted.

Ed Melby moved to approve the minutes for March 1, 2001 as amended. Ed Stone seconded and the motion was 3 votes for approval with 3 members abstaining because they had not been present that day, and 1 member absent.

General Business: There was a letter presented for approval and signature for the Kingston application, which members agreed was okay, and a Final Plat Approval letter for the Ten Stones subdivision which was also agreed on. Jim Donovan wanted to make sure the earlier condition regarding affordable housing is no longer being required.

2. Anthony Perry, Subdivision amendment to relocate Lot #2, relocate the building envelope on Lot #14, and relocate the northerly access road (continuation from March 15^th) . (The property is located off Route 7.) Liam Murphy, Tom Anderson and Stuart Morrow represented the applicant

Jim Donovan discussed the site visit. He said the topography comes down in that area and this gives the lot more of a view, but there is also more of a view of that proposed house from Greenbush Road. Jim said he was concerned about still another house being visible from Greenbush Road. He said he was inclined to be more in agreement with Dean Bloch=s earlier suggestion that there should be some kind of limitation of house size on that lot, to keep it from just being another large house up on the ridge.

Josie Leavitt asked if the applicants can actually show that for the farmhouse, the farm was not economically viable and that they didn=t need a farmhouse there.

Liam said Tony has tried for the last four or five years to find a farm group that can actually take over the land and that Tony is actually trying to give it away, and asked the organizations to operate it as a kind of demonstration project. He said the cost of maintaining the land and paying the taxes, etc. does not appear to be viable for any of the groups that Tony has contacted.

Liam said the topography is actually down, and even if a house were built there with a height of 35' it would not be visible. Jim said the trees that have been planted in the area are visible, therefore a house would also be visible from both Greenbush Road and from Route 7.

Liam said the concern they have, is what is going to be included B basements, outbuildings, garages, above ground living space etc. From a prominent view standpoint it would be Mike Yantachka=s house rather than this one. He said if it were pushed back it wouldn=t be noticed.

Jeff McDonald verified with members that the building envelope for the Lot #14 request and the mowing of the road right of way was okay.

Next the discussion centered around the farmhouse lot. Liam said he believes when they re-subdivided last summer the condition on the farmhouse was not in there, and therefore the farm designation part of the earlier approval went away. He would like to try to work this out.

The minutes last time did reflect that some kind of study be documented as to why a farm could not work there. Liam repeated what he said earlier about organizations being offered the land but not accepting. Liam said Tony could not farm it for what he could get out of it if he sells it.

In an earlier discussion, Stuart had said they would consider putting the farm restriction on the farmhouse, Lot 1 instead of Lot 2. Liam said they could do that. He added that the total open space in the farm complex would still remain at 76 acres.

Tony Perry also has a concern about the 30' height limit in the earlier approval; the wants the limit to be increased to the town=s regular height limit of 35'. For the footprint Liam asked that this only concern the Aabove ground living space.@

Liam agreed to work with the Town Planner and the Town Attorney to move the farm designation to one of the units in the farmhouse, which is a duplex. Tom Anderson asked if there was a problem with making the duplex (Lot 1) one lot instead for a person who wanted to perhaps have horses and have only one house.

The recommended motion is as follows: Approve the amendment to relocate the building envelope on Lot #14, relocate the north access road across the Wooly Bear parcel, and relocate Lot #2 to the west and move the Afarm housing@ designation to one unit on Lot #1 with the following conditions:

1) All conditions of the 1999 amendment shall remain except as expressly amended in this approval.

2) The current right-of-way of the Wooly Bear parcel over Lot #2 shall be eliminated in a document to be approved by the Town=s attorney.

3) The total living space on Lot #2 (including house and any accessory structures but not including a barn or garage) shall not exceed 4,000 square feet of above grade living space. The house ridge line or peak on Lot #2 shall not exceed 35 feet at ground level as measured from the lowest front elevation of the house.

4) The survey shall be corrected as follows: Item 1, a 60' right-of-way shall be extended from Crosswind Drive to Lot #2; Item 2, the typographical error on Note #11 shall be corrected; Item 3, the right-of-way over Lot #2 shall be eliminated (pending resolution of condition #2 above); and Item 4, a note shall be added with regard to condition #3.

5) A mylar of the Final Plat by Stuart Morrow, last revised 1/20/01, and with revisions as noted in Condition #4 above, shall be submitted to the Planning Commission for review within 60 days, and recorded in the Town Land Records within 90 days.

6) The farm housing agreement on Lot #2 shall be transferred to one unit on Lot 1. The Town=s attorney shall approve the form of any agreement.

This suggested approval motion was discussed and it was agreed that the hearing should be closed and further discussion be done in deliberative session.

Ed Stone moved to close the public hearing on the application of Anthony Perry for a Subdivision Amendment to relocate Lot #2, relocate the building envelope on Lot #14, and relocate the northerly access road. Jim Donovan seconded the motion and it was approved, 7B0.

Jeff McDonald moved that the Planning Commission approve the amendments to relocate the building envelope on Lot #14, relocate the north access road across the Wooly Bear parcel, and relocate Lot #2 to the west and remove farm housing requirement with the following conditions #1 through #6 as previously read. Ed Stone seconded the motion and it was approved, 7B0.

3. Charlotte Land Trust B continuation of Subdivision Amendment to change building envelope and tree-clearing limits on Lot #2: The property is located off Greenbush road. Frances Foster represented the Charlotte Land Trust, and introduced Kate Lampton who is on the board. Kate is the Planning Administrator in Shelburne.

Dean Bloch reported on the previous Saturday=s site visit. Present had been Frances Foster, Wade Weathers who is handling the real estate part of this, Steve Kiernan, Josie Leavitt, Al Moraska and Betty Moraska, and himself. Jim Donovan also went over there.

Frances Foster said they had wanted to have an additional building envelope but have abandoned that idea. They have also talked about the possibility that someone may want to build into the edge of the field. Frances Foster said they intended to add to the building envelope; but Al Moraska suggested that the change should move the whole building envelope toward the field accordingly.

Kate asked to put certain language into the item about the clearing. She asked that there be added in condition 3C, a view plan. The approval as it stands is to clear 50' from the building. They think this is too strict and ask for 150'. Kate said they want to work with a performance based plan where certain things would be allowed, but there is no view plan.

Wade Weathers, as a realtor, said the question had come up as to the possibility of building in the edge of the field. Jeff McDonald said as long as the building wouldn=t encroach on the wetlands, there didn=t appear to be any objection to moving into the field.

Josie said the 150' and an additional100' of selective clearing request still seemed too much.

Al Moraska wanted to know how they would implement 3C if someone put a house in the middle of wildlife habitat.

Jim Donovan verified that the clearing for Lot #1 is 50'. He said he is concerned about making it vastly different. He might consider a compromise of 100', but he would also like to not have the additional 150' of selective thinning and to put that in as part of Condition #3. He would also suggest that, to be as clear as possible and if the landowners can work it out, that it would also apply to Lot #1.

Jim suggests that this kind of agreement would allow the clearing to occur on either lot (300'). With selective thinning that is defined, with a certain diameter of tree that can be cut. But he said some of the small brush should actually be saved. Linda Radimer said she agreed with that; in some cases small brush is better than the big trees for small game habitat.

Water line easements and sewer line easements were pointed out on the map.

Kate said sometimes when there is an attempt to make an easement shift there is risk of litigation.

Dean Bloch noted that some of the determinations that are to be approved by the Zoning Administrator are quite technical and he asked if the Planning Commission thought there was enough qualifications to make these decisions alone. Jim Donovan said these could be done with the help of the Conservation Commission. The conditions could say, Awith consultation with the Conservation Commission.@ Ed Melby said under statutes it could again be reviewed by the Planning Commission. Or other wording could say that at the Zoning Administrator=s discretion the final approval could be made by the Planning Commission and this could be done by administrative action.

There wouldn=t have to be another hearing if the building envelope stays the same, it could be moved south without a hearing if everyone agrees. Dean said he would advise that the whole building envelope be moved south.

Jim Donovan moved that we amend the previous approval with all the original conditions, to allow changes with the following conditions:

1) That the building envelope as in the plan shall be limited to within 100' of the principal structure,

2) Drives and utilities shall be located within the areas designated on the plan. Clearing for drives and utilities shall be limited to the minimum disturbance necessary for installation and maintenance.

3) Removing vegetation for views beyond the limits specified in condition #1 shall be allowed. Prior to any vegetation removal for views a view plan shall be submitted to the Planning Commission for and administrative approval with consultation from the Conservation Commission. The view plan shall be based on the following:

A: The view plan shall take into consideration the seasonal variation of forest cover.

B: Sufficient forest cover shall be retained in order to screen the view of the structures from public roads.

C: Wildlife habitat preservation and enhancement shall be elements of the plan, including features such as vegetation removal or replacement to enhance a diversity of tree species, to achieve a variety of cover, including canopy, mid and under story cover, to provide for the ease of wildlife movement, to provide areas of forested edge, to retain natural ground cover and to retain den and nesting sites.

4) Dead, damaged or diseased trees constituting a safety hazard may be removed without further review or approval.

5) The building envelope may be relocated south on the site or as revised, with administrative approval as long as the building envelope on the site does not get larger. Ed Stone seconded the motion and it was approved, 7B0.

4. John and Helen Sheehan, Sketch Plan Review for a two-lot subdivision: John Sheehan said they would like to divide up a 15 acre lot. He introduced Dave Marshall from Civil Engineering Associates. There would be one 10 acre building lot and one that is 5 acres that includes the farmhouse. Jeff asked the zoning designation. It is Avillage district.@

Dave Marshall described the location of the property in East Charlotte that is in this application. It is on the southwest corner of the Hinesburg / Spear Street intersection and is the land surrounding the corner. He pointed out the location of the Grange building to the south, and the church building that is a home now. He shows the existing house and the garage.

Dean Bloch had asked about the snowmobile trail; John said he did not want to make this a permanent easement though he still plans to allow folks to use it at this time. The new owner may not want this to continue. There is a small stream that sometimes dries up in the summer, but no wetlands, John said..

Dave Marshall pointed out the location of the two driveways. Al suggested a change of location for the driveway to make it shorter John showed where the pond is, and said the driveway will not interfere with that. Linda Radimer questioned whether there was an apple orchard; there is only one apple tree.

Jeff McDonald moved that this be classified as a Minor Subdivision and schedule a site visit on April 19^th at 6:00 p.m., before the meeting. Planning Commission members will meet at the Grange. Jim Donovan will visit the site ahead of time. Josie Leavitt seconded the motion and it was approved, 7B0.

Jeff McDonald moved to adjourn and Jim Donovan seconded; it was unanimous, at 9:45 p.m.

APPROVED BY THE CHARLOTTE PLANNING COMMISSION ON

Chairman Date

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