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

 

 

Chairman                                                                                                      Date

 

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