1. General Business: Review of Minutes: Postponed, Findings of Fact for Perry & Charlotte Land Trust, postponed.

2. Charles and Cheryl Dooley, Sketch Plan Review for Site Plan Review for a restaurant on Ferry Road in the Industrial District: Mel Hawley asked to show the Planning Commission the map and would then wait for the Greenwood America hearing (next on agenda).

Mr. Hawley recapped the history; they were first planning to add onto the small lot the Dooleys had and add a piece to make it a 5-acre lot. The Planning Commission advised him to put this into a p.u.d. process instead and set aside the rest on the remaining lands. This makes it an odd-shaped lot. They have created a 1.5 acre parcel for the Dooleys and they also have a 40' r.o.w. from the original 60' r.o.w. There is also a change on the site plan: the road will come in straight and take away the other curb cut.

This plan, he said, is specific to the restaurant. There is a septic easement to the Burns property through use of a force main. One of the things they most likely will do is, because the use of the creamery is limited because of limited on-site septic capability, to provide an easement to the Dooleys to get to this force main. There is some additional engineering that needs to occur to find if there is some efficiency in bringing the restaurant and the creamery together to a force main or gravity. Dean Bloch said there may be future uses as well.

The capacity septic system up on the Burns property is estimated to be 6499 gallons per day. The restaurant expects they would use up to 1500 gallons per day. The Dooleys may need an amendment to the permit.

The school from Shelburne that had been interested in the creamery property before appears to be no longer considering this location, because Shelburne has gotten them another location. Mr. Hawley said he is not sure yet if their request is off the table but that is what it seems.

The creamery, the Kellner property, the manufacturing building and farmhouse and barn property and two other lots are part of 6 lots that have an Act 250 permit. The Agency of Natural Resources have given a permit to construct, and Trudell Consulting Engineers will be in charge.

Linda Radimer asked about wetlands, but Mr. Hawley said on this lot itself there are wet spots sometimes, but no wetlands. Jeff said pipelines can bet put through wetlands without destroying wetlands.

Al asked about the pipe sticking out of the ground, but Mr. Hawley said that may be for a low yield well that is for the creamery.

He=d like the Dooleys not to have to drill their own well because the farmhouse property has a good well that could supply both. Al Moraska noted that the well location should be identified on the map.

3. Dooley=s (continued, with the Dooleys speaking now): Cheryl stated that this application is for a 50-seat restaurant, in 2400-to-2500 s.f. There would be 13 parking spaces in front of the restaurant and shared parking with the creamer building. If the new owner who purchases the creamery building in the future does not want to share parking, there is additional land in back for this. (The architect has drawn in a location for a drilled well.)

The windows face a trellis and gardens. There would be landscaping along the road, and on the architect=s proposal it appears that there is landscape lighting. At first their plan is to be open in the evenings to serve dinners, then to open for breakfast and lunch on Saturday and Sunday. The building would commence as soon as possible, Charles Dooley said, and builders could spend the winter finishing the inside.

Linda Radimer expressed a concern that the requirements include lighting that is aimed downward towards the ground.

It is planned to have a shared sign at the entryway. Dean Bloch said individual signs have to be 20 s.f. according to the regulations.

Charles said the philosophy is to be somewhat understated, with as much local produce used as possible. They would ask local farmers for certain kinds of vegetables and keep it as local as possible for Vermont.

Ed Melby asked where in the range of quality and price range this restaurant would fit. He named some examples. Charles said this would fit somewhere in the range of AStarry Night@ and although there may be some specials that are specific to only a two-week time period when the product is available they don=t want to have their menu so pricey as to discourage customers. They envision specialized wine offerings from around the world and would suggest to pair each menu offering with a wine that would complement it.

Jeff asked for any further comments about this Sketch Plan. He said there have been good comments and an excellent presentation. He likes the combined entrance and said they will need plans for lighting, the road design. Dean said for the restaurant, no; that would be for the subdivision.

Mel Hawley asked about this smaller lot through use of a p.u.d. There is a 60' r.o.w. there but they have no plans at the present time for the rest of that property. They may at some time in the future want to extend that r.o.w. to join further south, but at the present they just want to concentrate on the 1.5 acres for the restaurant and not get bogged down on things that may or not be considered 20 years from now..

Jeff said when they craft an approval it can say, AFurther subdivision may address some of these items.@ We know exactly what is being proposed in this 2-lot subdivision, he said. Mel asked if, relative to the set-aside, he needs to get a surveyor to go out and actually survey a 3.5 acre piece in the middle of a wetland for the set-aside or can it be taken into account they own 59 acres. Dean replied that at some point a more general statement about how much of the total land would be set aside.

Dean said in the covenants they could reference how many total lots they could have, and also delineate where they could say they would leave it alone. Mel said the Dooleys probably don=t care where that 3.5 acres would lie because they are just concentrating on the restaurant. Jeff said what has been done in the past is to say, AFor the next project that is subdivided on this land, the open space requirement... (has to kick in)@. That doesn=t have to be identified yet.

Mel had thought that the Dooleys would have to have, written in their deed, that they have an interest in 3.5 acres somewhere on the 59 acres. But that isn=t a requirement; in fact, Dean said, the wetlands could for instance be an educational tool if the school from Shelburne were to make a decision to come in. It=s just that the 3.5 acres won=t be developed.

Jeff McDonald moved to classify this proposal for a 2-lot subdivision for Greenwood America as a Major Subdivision. Ed Stone seconded the motion.

Discussion: The restaurant proposal was a Site Plan and needed no action yet. Dean would set up a joint hearing between the Zoning Board and the Planning Commission for the restaurant. For that they will need a Preliminary plat. They could probably go through with the restaurant even before the site plan is complete. The maintenance arrangements will be done between the Dooleys and Greenwood America, Cheryl said..

The motion to classify was approved, 4B0 with three members absent.

4. Charlotte Congregational Church, Sketch Plan Review for Site Plan Amendment to expand parking lot on Church Road in the Rural District: David Pricer, chairman of the Prudential Committee, represented the church along with Anthony Stout, whom he introduced as president of the church.

Mr. Pricer said the parking has become so tight that Rev. Stout has hired the Town Constable to guide temporary parking in the street. They need to extend the parking lot, and he described the features of a map of this property with the designation of the areas to be changed marked in color.

The blue on this map shows the Class III wetlands area. Marty Abair=s assistant for the State has helped with this. When they were digging they discovered a problem with an earlier septic design from the 1960's. A letter had noted that this may be a problem because of being close to the parking area.

If this mound system failed, Mr. Pricer said, it would be replaced if the failure were in the mound system itself. If the failure were to happen in subsoils, then it would have to be relocated somewhere else; there is bedrock and we would have to be careful. There is a force main that goes under the driveway.

Dean Bloch said he had a letter about a concern about a pump station. Mr. Pricer said there is no failure in the pump station, but there is an old problem of some seepage coming out from the hillside and it comes out in the area above the playground. That seepage then trickles down to a low spot near the crosswalk and they are considering installing a catch basin to take care of that.

The problem is, that someone came to the town offices before talking to the church officials, he said. There is no problem with the pump station which is fairly deep. That has been checked, and there is no seepage from that.

Jeff said if the seepage had been from the pump station there would have been an odor; and there is no odor. The letter doesn=t mention any odor.

Part of the drainage problem may be because of the heavy soils; when the vestry was renovated and the force mains were put in. This subsurface seepage from the hillside was there before that, and even though there was some under-drain below the footings for the vestry it wasn=t enough to do away with this long standing problem.

One of the things they are planning to do is in the notes. There needs to be six inches in pitch in the parking area to help with the runoff and prevent ice pooling in the parking lot. They are planning to have a culvert under the driveway. Linda asked if there are trees that will be cut down, he identified one or two in one area and a total of 4 pines. Linda asked them to add shrubbery around the end of the new parking lot. There will be a note to preserve existing vegetation.

Rev. Stout replied to questions about the security system from Ed Stone.

Al Moraska asked if they will be putting in a retaining wall at the hillside. They replied that they would not, but wanted to keep it low key and the improvements will be in the depth and grading of the parking lot material itself, and the shrubbery around it. The parking lot will have about a 4 or 5% pitch, because this is an overflow parking lot that is to be used only one day a week.

They will proceed to the final hearing next. Dean will warn it after the application is submitted, probably May 17^th.

5. Rolf and Carolyn Sennhenn, Sketch Plan Review for Site Plan Review for Mixed Use on Ferry Road and Greenbush Road in the Commercial and Village District: Rolf said in years past the upper floor was used as part of the general store. He new wants to use this whole upper floor after renovating, for an apartment.

He described the parking spaces, designating two spaces for the tenant and showing spaces near Spin Richardson. He parks his own vehicle across the road.

The septic area was described; the pump station is on Spin Richardson=s property and then it goes under the road; it appears to be a long, elaborate system which was approved in 1993 before Rolf bought the store.

He described the entrance, plans to install a dormer, and the upstairs design. Ed Stone asked where he would put the fire escape for the apartment, and as a former fireman, voiced concerns that this be a separate one that is away from the kitchen so if a fire starts in the kitchen there still be a means of escape. It can be a ladder fixed to a wall under the back window.

Al noted that having an apartment there does conform with the Town Plan. Dean advised that for the Site Plan hearing the parking spaces be designated. He needs two spaces for the apartment and those would be off the road. Screening should not be required. Rolf said most of the customer parking is for only four or five minutes at a time. Dean also said in his notes that the proposed use does not require a Conditional Use Permit, but in the final hearing the dimensions for the driveway should be designated. Dean said they may need a culvert but they will get confirmation.

6. General Business, Tony Perry decision: Liam Murphy=s clarification wanted to make sure that the 4,000 s.f. does not apply to the garage or accessory structures and is only above ground living space (include copy of Liam=s letter). Dean Bloch said he further clarified that it would apply to a porch that was enclosed in the winter (include Dean=s reply). Liam again replied, saying:

AThe total above-ground 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.@ (For the condition)

AI agree with your interpretation with regard to interior living space. However, as a result of your letter, I am inclined to further clarify that a >seasonally enclosed space= (e.g.: a porch converted to a sunroom in the winter) will be interpreted as >living space= and will therefore be subject to the 4,000 s.f. limitation.@

In number two of the decision, Dean had a question mark; it pertains to the right of way across the Wooly Bear property. The members said to leave that in. They agreed to this decision as clarified.

7. Discuss Sheehan Site Visit: The members looked at the proposed driveway from Spear Street but were concerned it went through wetlands. Al suggested the driveway would be better off the Hinesburg Road. The sight distance has to be 400' and the building envelope is shown as 1 acre on the map. (This is 208' x 208'.) Al suggested they stay out of that wooded area on Spear Street.

8. General Business, Charlotte Land Trust decision: Members agreed to that written decision as presented and Jeff McDonald signed it.

9. Discussion of Town Plan: Dean said although there is an approved Town Plan that is good for four more years, it was not submitted to Regional Town Plan because it was thought there would be an new one. He said if the Town Plan that is in effect is not submitted the Town may not be eligible for grants.

Jeff asked that the Selectboard be asked to submit the present Town Plan so that the Town will not lose funding.

Al Moraska said the Planning Commission should open up a dialogue with the Selectboard. We should set up a regular time, he said, as we used to do with at least twice yearly joint meetings.

Deb Ramsdell asked when there was going to be a vote. Jeff McDonald said the boards would work together as a group before putting anything up for a vote.

Stephen Brooks asked if the Planning Commission has the authority to send a letter about the Town Plan to Regional. He was given a reply that the statutes do not say where the letter comes from.

The meeting adjourned at 9:20 p.m.

APPROVED BY THE CHARLOTTE PLANNING COMMISSION ON

Chairman Date

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