CHARLOTTE PLANNING COMMISSION
7:00 P.M., THURSDAY, JUNE 7, 2001
TOWN OFFICES, 425-3533
Members Present:
Chairman Jeff McDonald
Al Moraska
Jim Donovan
Gordon Troy
Josie Leavitt
Members Absent:
Dave Brown
Ed Stone
Officials Present:
Planner Dean Bloch
Guests Signed in:
Yvan Plouffe
Gregg Beldock
Cully Hession
Stephen C. Brooks
Mel Hawley
Shirley Allen
Michael Russell
Jim E. & Karen Mearow
Sandy Fead
L. Cahners
1. Yvan Plouffe, Final Plat
Hearing for 2-lot subdivision on Plouffe Farm Lane: Yvan Plouffe represented himself, and reported that,
to define the exact distance of the proposed septic disposal he had gone to
Summit Engineering (formerly Pinkham Engineering), and Frank O=Brien from Summit had measured the distance to the stream
bank as 157'. The regulation is 150'
minimum setback because this is a major river.
This is measured from under the top of the bank, and on the mylar, Frank
O=Brien put Agreater
than151' @.
Planning Commission members inspected the new mylar
changes. Gordon Troy asked about a maintenance agreement for the road, out of
concern for someone in the future who may buy the lot. Yvan said the Plouffe
Farm Road is a town road, even though the town does not usually plow or
maintain it. Gregg Beldock noted that there is a Plouffe Farm Maintenance Agreement
on file in the Town and if the road crews need to use the road they pay for
using the road.
Yvan promised that the new lot would have language in
the deed that says the owner of this lot must also be Asubject to the Plouffe Farm Maintenance Agreement.@. This
agreement applies to Lots 1 through 5; Lot 6's development right have been
donated to the Land Trust.
Relating to septic disposal area, it is addressed in
the Zoning Regulations on Page 32. There must be a 150' stream bank setback.
Jeff said the Planning Commission can state that the septic area must be staked
out to be 150' and Jeff said we can just require that it will have a greater
than 150' setback from the stream bank.
The property does not actually go to the river.
Gordon Troy moved to approve the 2-lot subdivision of
Yvan Plouffe subject to the conditions that: Prior to any owner of this lot
(C-2) obtaining a building permit for a primary residence
(1) There be language in the deed that says the
owner of the lot must be subject to the Plouffe Farm Maintenance Agreement,
(2) The septic area must be staked out for the
150' from the stream bank and 50' from the wetland, whichever is greater.
Al Moraska seconded the motion, and after a discussion
about wetlands regulations this was approved, 5-0 with two members absent.
2. Lake Champlain Waldorf School: Site Plan
Review to operate school on Ferry Road:
Mike Russell and Sandy Fead represented the applicants. They presented changes
by the engineers to the Planning Commission relating to the intersection of the
right of way and Ferry Road. The owners are Greenwood America which is
affiliated with Country Home Products.
Mike Russell said the Waldorf School is in the final
stages of negotiating a purchase and sale contract for a portion of the
property, and this is part of a planned subdivision of the property that has
come before the Board earlier. Part of this contract is that they will be
making this a part of the subdivision. Mike described the approximate dividing
line, where he showed the proposed two, 2-acre lots in question.
Greenwood America just completed negotiating with
Charles Kellner, Mike said, for a right of way along these two lots, condition
on the school not having access. There will be a subdivision plan submitted
within the next month or so, he continued, and some of the concern is about the
location of the school driveway.
For the first year, Mike said, there would be low
usage and no student drivers. These traffic concerns would certainly play a
part in deciding the Planning Commission=s
view on the driveway, he is sure.
Mike suggested that one of the conditions of the
permit might be simply to say that we have to come back to the Planning
Commission in a year if there hasn=t
been a subsequent development to evaluate how the driveway is working out. One
of the concerns about moving the driveway is that two trees which are the
biggest natural features on the whole parcel, would have to be removed.
Troy asked where the students would play, since there
has been some consideration of a restaurant on another part of the property.
Sandy Fead said although there was uncertainty about the exact driveway
location they expected the lot would be AL@ -shaped in the back and there would be room for a
play field there.
Al Moraska asked about wetlands, and they replied that
wetlands would be on a larger map; it didn=t
include this piece, but is on the larger piece to the west.
Mike Russell observed that Dean Bloch had noted that
there was more than ample parking. There had been a van parking area. There are
8 more spaces than needed, so they can choose where to put handicap
parking. Josie asked about the railroad
using some of these, but this is on a month-to-month basis and these have
usually been used by construction workers.
He added that the plan would be to allow the railroad
to continue to use some parking spaces as necessary, but they will work with
Greenwood America to be sure this does not interfere with parking that the
school will need.
Mike said he would rather not have shared signs
between functions that are 300 feet apart if they do not end up having a shared
driveway. He noted that the existing
sign posts are 38' from the center of the road. He would like to use that as a pre‑existing sign. The sign is 20 s.f., 4' x 5'. It is probably 6' high. They would like approval to have the maximum
allowed; the base of the signpost is a couple of feet below the grade.
Jeff McDonald asked about the time line that is
needed. Mike said the expected start up date is September, so they need to have
approval by July 15th to get moved in and have everything ready.
Troy suggested the Planning Commission go through
everything by bullets:
(1) Route 7
access doesn=t apply.
(2) Maximum
safety of vehicle circulation between the site and the road network. The
applicants are proposing to leave the access the same but are willing to review
this within a year.
Jim Donovan said that makes sense for now, but wants
to leave open the possibility that the driveway could be relocated during that
review.
Sandy Fead spoke about the previous approval of these
septic capacities in 1986. The manufacturing property had 2000 gallon capacity,
the creamery had 6000 gallons per day capacity which was enough for 44
employees. Does this constitute an increase? No, he says. As long as there is
not more intense use, this should be okay if they do not exceed 44 employees.
Jeff said we may want to move the access. Gordon
suggested this may be too soon if it depends on another application in case
that doesn=t come back within a year.
Gordon noted that the stairway is built within the
Town right of way. The AOT can use that according to a spokesperson from
Greenwood America; they said they did not want people to walk too far down the road
to cross, so to minimize risk the railroad had an agreement with the State AOT.
(3) Vehicle
parking shall be prohibited from all other areas not delineated as parking
spaces to ensure that they do not interfere with emergency access, and a No
Parking sign shall be installed on the north and south entrance areas to the
main building and the barn building.
It was suggested that the subdivision should be the
trigger; the driveway location and the shared parking can be revisited only
when it is subdivided.
(4) Adequacy of
landscaping and screening: Jim Donovan suggested having a small hedge, 7 or 8
smaller shrubs, not high or an opaque fence, but not high. This could be west
of the parking spaces.
Al Moraska suggested screening along the railroad
tracks, but Mike noted that the railroad sprays along the tracks with
herbicides to prevent fire.
(5) A safe and
attractive pedestrian environment shall be provided as appropriate use. The
applicants noted that they have promised supervised crossing for any of their
students that arrive by train.
Jeff verified that the current material on the surface
of the parking area is of gravel; the Planning Commission prefers that this
stays, and that if they wish to blacktop the parking lot they must come back
for approval. Outdoor light may be required ... Jim said they should require
shielding ... and the lighting should be directed downward. Jeff read the regulations on this.
The bright light may be rented from the power company,
and that will be investigated, as this may be a condition.
Gordon said that if there is anything dramatic, there
should be a letter to the Planning Commission and this can be done with
administrative approval.
(6) Adequacy of
recognition of historic structures; the applicants are not changing the
structures. There is one wall that is painted purple but that will be
corrected. Signage is supposed to be 10' from the ground level.
The trash containers are in back of the buildings by
the parking lot, and are screened. They
have the van space and that has been narrow, so they have 51 spaces.
(7) Adequacy of
water supply and sewage disposal. The
existing well gives 7 gallons per minute. The 600 gallon septic capacity allows
for 6500 gallons per day and there is a 2-acre easement through which they can
later, if needed, have additional capacity through a force main and a pump
station. If the school gets the equivalent of more than 44 employees that
possibility will be addressed. Also,
Mike said, he realizes that they are awaiting additional permits from the
State.
Jeff noted that the Planning Commission has 60 days to
decide, although they can give approval with conditions.
Mike Russell suggests a condition that the matter will
be reviewed if there is a subdivision application, and that it will be reviewed
in one year or two years, and at that time you make a decision about subsequent
reviews.
Jeff noted that we just have the Site Plan before us,
and asked for additional comments from the public.
Jeff
McDonald moved to approve the application for the Lake Champlain Waldorf School
with the following conditions:
(1) That the
driveway curb cut will be reviewed at the earlier of when the subdivision
application comes in or two years.
(2) That the
lighting will be changed or modified to conform with the regulations and
subject to administrative approval.
(3) Screening of
the area north of the barn if it is used for parking.
(4) Sign shall
conform to Zoning regulations. The signs, parking, and access
shall be reviewed in two years. ANo Parking@ signs shall be placed in access areas.
(5) Any future
changes to exterior lighting will require administrative approval.
Josie Leavitt seconded the motion and there being no
further discussion, the motion was approved, 5-0 with 2 absent.
3. Shirley Allen and Brenda Temple, Boundary
Adjustment: Dean Bloch had told the
applicants that this was not warned, but it was a boundary adjustment, so they
had not thought they needed to come in. A Sketch Plan Review was held on May 3rd
and it was decided that this was a boundary adjustment.
Jim Donovan moved that the Planning Commission approve
the application of Shirley Allen and Brenda Temple for the Boundary Adjustment
of the additional acreage being added to Whalley Woods, to be approved as
amended. Josie Leavitt seconded the
motion and in discussion, Al Moraska asked about access. Shirley said there is only a culvert, and
there is a gate across from this culvert.
There is a swale on the west side of the right of way. The gate is in
the woods. Whalley Woods is not fenced.
There is a deed to the Town and this refers to an
earlier deed. The new expanded parcel is subject to the same boundary
adjustment and makes it the same. The original property was a gift, but the
Town is buying this additional parcel. Shirley will put some conditions on it.
The Planning Commission will leave it to the Selectboard. The conditions will
be on the use, on the right of way. The Planning Commission is closing the
public hearing on this.
The
vote on the motion was 5-0, with 2 absent.
4. Jimerson: to grant a 6-month extension.
Dean read
regulations in chapter 4, Section 1. The Selectboard can waive fees.
Subdivision regulations Waivers at the end of the document, 4th page
to the end.
Gordon Troy moved that we grant the extension pursuant
to Chapter 8, Section 4 for Lorna Jimerson Josie Leavitt seconded the motion and it was approved 5-0 with 2
absent.
The Selectboard will meet on the 18th at 6
p.m. to discuss the Village Plan. Dean said grants must be applied for by
September. The EPA has a grant for sewer studies.
At 9:15 Jim moved to adjourn. Josie seconded and it was unanimous.
APPROVED BY THE CHARLOTTE PLANNING COMMISSION ON
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Chairman Date
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