CHARLOTTE PLANNING COMMISSION

9:30 P.M., TUESDAY, MAY 20, 1999

TOWN OFFICES, 425-3533

Members Present:

Chairman Al Moraska

Ed Melby

David Woolf

Jim Donovan

Jeff McDonald

Members Absent:

David Allen

Dave Brown

Officials Present:

Planner Dean Bloch

Selectboard Chair Marty Illick

Guests Signed In:

Chris Von Trap

Michael Fournier

Skip Sheldon

Wendy Schroeder

Sandy Mayo

Martin Harris

Fire Chief Chris Davis

Sandy Mayo

Charles Brush

Jane Kirby

1. Town Plan committee review, Recreation Committee: Wendy Schroeder spoke to the Planning Commission

at the request of Selectboard Chair Marty Illick, to tell the committee what is expected. The Charlotte Land Trust has

the opportunity to buy an option on land that is for sale for $1 million, and they would have to buy the option at

$5,000/month. The portion of the Burns property that the town is interested in, is that portion that extends from

Route 7 just past the Flea Market property, to Greenbush Road, which would cost $250,000 if the portion across the

road that includes the Old Lantern sells for $750,000; that goes westward to the railroad tracks. The east and west

parcels are each 65 acres.

Their hope, if the town approves such a sale in a vote, is to build four sports fields and provide septic. There is

what looks to be a huge deposit of sandy, grain soil that is adequate for a large septic system. There is also adequate

soils for septic on the west side. Mr. Sheldon said the land is developable and the $750,000 the owners hope to get for

it including the part that holds the Old Lantern. That would be one lot out of that 65 acres and the sales on that side

of the road are for private purposes. He said the problem right now is to find a buyer for that 65 acres on the west

side of Greenbush Road, because the sale on the east side at $250,000 is a bargain price that is offered only to the

town.

At this point, even though there has been suggested that some of the 65 acres on the east side could be set aside

for a future school, there is not yet a need for additional school space. But there is a need for more recreational space

such as soccer and softball fields, and there is more than adequate septic capacity there than would be needed for just

recreational-fields and parking lots' use. One suggestion is to use this large septic capacity for some nearby town

needs in addition to using it for the parking lots and recreational fields.

The land trust is asking town officials to consider bringing such a proposal up for discussion and to state any

conditions that must be met so that all the committees have input before proposing a vote on the subject. Al Moraska

said the price part of it appears to be a bargain, given the property's proximity to the center of town and the possibility

that the town may have enough future expansion due to housing demands that another school has to be considered.

Ed Melby recalled that Architect Richard Pete had done an informal presentation about this property in which, if

most of the money needed came from the sale of the western portion it would not cost the town as much for the eastern

portion. He had several plans for tentative housing.

Wendy Schroeder said that since there was no need at present for a school, they wanted to leave that possibility

out of the request at this time. Al said there were problems in the school's previous request to expand their

recreational fields at the school had to be rejected because of wetlands and clay soil up there.

Jim Donovan said one of the things that should be nailed down is access to Route 7, to Ferry Road and to Green-

bush Road. If there would be problems, then the town should know in advance if there will be problems there.

Sandy Mayo noted that with the Demeter Park project, access to Route 7 was denied, so suggested any proposal

for Route 7 access would likely be denied by the State. Apparently there is a regulation in the Zoning Bylaws that if

there is frontage or access on another road, there cannot be access from Route 7.

Mr. Sheldon said cost sources could be a problem but there may be grants available to study this.

Wendy suggested if this came to pass there could be a baseball, 3 soccer, 2 little-league fields. At last night's

school meeting they were told the school could have access to the Margaret Therrien property for some school use, but

that will still be inadequate for the requests they have.

Charlie Brush spoke up to say that he had gone to school board more than a year ago and the resultant committee

had agreed that the playing field was inadequate and not level, and there were safety issues. They voted to use $3,000

for a study, from which this request has come. The property of Margaret Therrien Titus was thus discussed. He asked

to show the plan for that, but Al Moraska said if the proposal wasn't about the Burns property this was not the time to

be discussing the Titus property.

Mr. Brush said they would be coming in to discuss a boundary line adjustment for a half-acre of the Titus land to

be transferred to the school, and the Planning Commission members said it would have to be done with a variance.

The Zoning Board has already informed them that the variance would probably not be granted. So Mr. Brush asked

why it could not be just a boundary adjustment. Jim advised them that a two acre lot would be made smaller by that

conveyance of the half acre and therefore make the small lot still smaller, thus "more nonconforming." He suggested

that they could lease the land instead, and make it happen anyway. (That possibility worried a couple of members of

the audience, that a ruling could be sidestepped via the lease process.) Some discussion occurred about the drainage

for this additional land and the time was getting close for the next item on the agenda, so it was left that the Land

Trust would be informed of any other suggestions from the Planning Commission. Al thanked Mrs. Schroeder for

coming in and making the presentation.

2. Lance Fournier, Greenbush Road, Sketch Plan application for a two-lot subdivision: Chris Von Trap is

assisting Mr. Fournier in the planning for this 22 acre subdivision.

He has a home occupation and residence on Greenbush Road. There's an existing structure, underneath which is

the office for his landscaping business. There is an existing septic site and a replacement site adjacent to that, where

they are proposing to engineer a larger site for a 3-bedroom capacity replacement with an easement across to the lot

that is being created. Both lots would be in excess of 10 acres.

Al asked about a deep ravine there. Chris said that is true, and described an area where there are cattails and

where there are two large culverts at the Claflin Farm. There are two existing drainage systems, one on each lot and

there would be a lot 2 culvert. Lance said the septic is on lot 1 for both lots. The land is not suitable for anything else,

and consultant John Stewart has investigated this for them.

Al Moraska asked about the land's history. Lance said when he bought this, it was not part of the Claflin Farm

development. He knows that at one time it was Aube's. This deed was from Graham Goldsmith, who had told him it

was not part of the Claflin development. This was done in 1987, which exempts it from the 10 year requirement.

Ed suggested that a shared driveway be considered. Al said they probably need to have a site visit, and it was

planned for June 3, before the next scheduled Planning Commission meeting.

Planner Dean Bloch said the ownership information could be obtained from town records. Ed agreed that they

need to get any uncertainties out of the way. They cannot make the determination on whether this is a major, or a

minor subdivision until they ascertain whether this was part of another subdivision or if this was a part of an Open

Space Agreement or other covenant.

Chris Von Trap said they needed the time to finish the engineering studies and get the copies of records, and

agreed to meet the members for a site visit at 6:00 p.m. before the 7 o'clock meeting on June 3rd.

3. Chris Davis, for the CVFD (Charlotte Volunteer Fire Department), follow-up presentation for the Site Plan

approval dated September 2, 1997. Chris brought in plans and discussed slight changes since the site plan approval.

He showed the highlighted changes to the original site plan.

They omitted an above ground oil storage tank for the trucks, that was separate in the building. They now

purchase all of their fuel from Steve's garage over on the corner of Rte. 7. They are showing an attached room to the

shed that will show up in the elevations that will contain the heating oil and the emergency generator for the building.

The outside will be treated like the rest of the building and will have the same roof color. The other change is a larger

lobby area on the rear of the building to accommodate the entry area and the stair to the upstairs, the shaft (in case it

is required) for a handicapped elevator. If Labor & Industry says that they need to have this, the space is available.

They are building the entire building to be ADA compliant; the downstairs will have a handicapped toilet,

kitchen, meeting room, office spaces, fire-rescue gear storage, and obviously the fire and emergency vehicles. The

upstairs will have the men's and women's bunk rooms and bathrooms, the fitness room, a reading room and a com-

puter terminal room. This is based on the people who are on duty and ready to go out the door in the emergencies.

But if Labor & Industry says anybody, even one of the members who perhaps breaks a leg, wants to go upstairs and

be part of whatever goes on upstairs, then an elevator may have to be installed.

Jeff said whatever is mandatory may be covered by the facilities that are downstairs.

Chris said the louvers on the outside will change slightly, and the tower will stand out more toward the rear of the

building. The landscaping between the windows, with longer term evergreens in the back. The landscaping will not

pose any hazards as far as visibility. Although there will be a high grade vinyl clapboards, it will appear as wood

because they will use wood trim to hide the caps. Colors were discussed with 2-toned white and off white trim, and a

green roof.

There is a location shown for a driveway suggested by former planner Charlie Burnham, but until that is needed,

they will continue to use the existing driveway. They will not have a sidewalk completely around the building; the rest

will be grass. The ditch defines the edge of the property and keeps the lot dry.

Kurt is the construction manager. He described the lighting plan, directional lights over the doors and a couple of

lights in the back for the parking lot. One in the back is a motion-activated halogen light, and the other is in the soffit

of the door.

What's going to be in the tower is the radio defense system. The antenna will be a single spire from the tower.

Jim Donovan moved that the Planning Commission accept the changes as presented, with some modifi-

cations to the building facades, and that the landscaping will be finalized with white walls and a light gray trim,

green roof. The motion was seconded by Jeff McDonald. The motion was approved, 5–0 with 2 members absent.

4. Kirby/Sheldon sketch plan application for a two-lot subdivision: (That is Skip Sheldon and Jane Kirby.) Mr.

Sheldon explained some of the history of the property. He had purchased the farm from Krasnow brothers, who in

turn had purchased it from Steve Galipeau. They were farming on this property that Amy had inherited from her

father, Harry Webb. They had the people from Shelburne Museum helped to build this barn in the late 1950's. The

house was owned by Lenny Marx. The properties, in 1982, amounted to about 400 acres. The property they had

owned ran from the railroad track to the water. Mr. Sheldon said he didn't want to pay what they were asking at that

time, when they had decided to sell it.

It was a big farm. After the brothers sold it, Mr. Sheldon bought this one to raise sheep. Sandy Mayo had lived

in the barn apartment for a short time, then John Anderson lived there. Then his shepherd lived there for a while, and

Jane Kirby has been renting the house for 4 years. He said he doesn't like being a landlord, so wants to sell it (and

therefore subdivide), to Jane Kirby. It amounts to 10.1 acres. The sewage, water etc. have been approved by the

town, and he does not intend to subdivide further.

There is a small piece of Belgrade land that is for septic purposes.

The last subdivision on this property was 13 years ago.

Mr. Sheldon said the current driveway is muddy, steep and unsafe. He wishes to change it. The engineer has

said the septic is okay for 3 bedrooms.

Jeff McDonald said the open space requirements could be deferred and if the land is further subdivided, this lot

would be included in the requirements for any open space agreement. The Krasnows had insisted the land be

undeveloped, Sheldon said.

Ed Melby moved to classify this Sheldon/Kirby application as a Minor Subdivision. Jeff McDonald

seconded the motion and the vote to approve was 5–0 with 2 members absent.

Mr. Sheldon was given an application for final plat approval and advised that it would have to be warned for 15

days. The reason it has to be done is that the Zoning Board needs that. Jim suggested that this 15 day requirement be

made a normal practice for both boards.

Al Moraska moved that it be a requirement to have warnings for all Site Plan Reviews. Jeff McDonald

seconded the motion and it was approved, 5–0 with 2 members absent.

5. General Business: Dean Bloch provided members with the latest draft of Findings of Fact for the Mount Philo

parking lot.

Jim Donovan noted that the new parking lot plan still had the same date, etc. but it had shown a longer parking

lot and did not have a berm. Both were proposed plans, but Jim wanted it known for the record that there was an

earlier, different one.

Condition 4 on April 28th, Jim suggested, with the date, should probably pushed out to May of 2003 to see how

it's actually operating.

Condition 5 – they want to include in the planting plan, to include "trees along the park entrance road," for the

general locations of plantings.

All the conditions are okay according to the way it was agreed to with the Zoning Board of Adjustment. Jim

Donovan moved that we approve the proposed parking lot site plan for Mt. Philo State Park with conditions as

cited, as amended in the Draft Decision. David Woolf seconded the motion and it was approved, 5–0 with 2 absent.

Next was a discussion on the Claflin Farm Open Space Agreement. Clark Hinsdale, III had suggested that Steve

Arnold be a signer on that OSA. Al Moraska said it has been a practice in the past, that whoever made the application

originally makes the agreement with the Town and they do all the signing, and then that agreement goes with the land

regardless of who owns the land in the future. He suggested that unless there is a reason to change that, they should

not change it.

Next was approval of the Minutes for April 28, 1999 which was the Mount Philo one. "Late" Dunmore was

changed to "Lake" Dunmore. Ed Melby moved to approve minutes for April 28th, 1999 as corrected. Jeff

McDonald seconded the motion and it was approved, 5–0 with 2 members absent.

Minutes for February 16, 1999: David Woolf moved to approve the minutes for February 16, 1999. Ed

Melby seconded the motion and it was approved, 5–0 with 2 absent.

Minutes for April 20, 1999: With some discussion about the dimensions of the open space agreement, it was

decided that each lot stands on its own. In that set of Minutes, as it applies to the motion for Lot #1 the words, "in the

future" will be added. Normally the requirement is carried over to be included in any future subdivisions.

Al Moraska said about the Perry agreement mentioned changing one word, as it pertained to the approval on

April 5th, that we should find out what the word was, that was taken out. The word is, "information" instead of

"evidence."

Al Moraska moved to approve Minutes of April 20th, 1999 with corrections. Jim Donovan seconded the

motion and it was approved, 5–0 with 2 absent.

David Woolf moved to adjourn the meeting. Jeff McDonald seconded the motion which was unanimous and

the meeting closed at 10:55 p.m.

Submitted by Nancy Lane