1. Minutes approval for May 17^th and June 7^th were postponed.

Written decisions: Yvan Plouffe=s written decision was approved as written, the Whalley West Woods decision was approved as written. There were slight changes and clarifications in the way the Waldorf School decision was written, such as that in #5 regarding height of the sign, it is the height as measured from the average grade near the poles. #7 is the quantity and quality of the storm water runoff. #1 includes requiring change in access; both of the proposed new lots could have the requirements changed. In #7, the applicants will again re-use the existing signposts. In #4 regarding lighting, refer to both new lighting fixtures and existing lighting, where shields must be added to the existing lighting. #8, include required shared and/or relocated access driveways.

2. Charlotte Congregational Church, Site Plan Amendment: Tony Stout and Rev. Pricer presented the letters requested relating to the Site Plan proposed two months ago for the expansion of the church parking lot:

$ A letter from the Army Corps of Engineers indicating the project will not impact the wetland area written by David Killoy, and

$ A letter from a professional engineer indicating that the pump station and septic lines are functioning properly. David Fuqua, a Certified Site Technician from Ridge Engineering, wrote this letter.

Dean Bloch reported that Spencer Harris (the Town=s septic consultant) has also approved the plans.

Jim Donovan asked about the easternmost point of the parking lot. The engineer said this will be a gravel parking lot, and said sometimes in early spring there is some seepage from the hill above. Some people may park across from that. There are four pine trees added to the landscaping in that area. They are removing some trees toward the wetland, and they are keeping some. The location of the pump station is shown.

Ed Stone moved to approve the Charlotte Congregational Church Site Plan Amendment with the condition that the Site Plan map by Anthony Stout is recorded in Charlotte Land Trust records within 90 days, prior to obtaining a building permit. Josie Leavitt seconded the motion and it was approved, 5-0 with 2 members absent. (Gordon was not here yet but arrived before the next item.)

2. Wayne Clark re the Doris Clark Estate: Wayne Clark introduced himself and explained what he and his brother would like to see happen. There are 41.7 acres located off Mt. Philo Road near Fred Anderson=s tree farm. They hope to just square this up and draw a line through the middle, with half going to his younger brother. (The younger siblings have been bought out and they are no longer involved in the trust.)

Wayne is trying to divide the property and get rid of the trust. He wants to keep his part of the property and does not want to sell it. If we do that we would like to do a boundary adjustment to his brother=s part; 27 acres would be his brother=s piece so they would be doing a boundary adjustment. The easement would still be on Wayne=s property.

What was known as Clark Road is part of it. An access road was declared a trail; there was a letter from December of 1993 describing this action as discontinuing Pent Road and designating a 30' wide trail. He knows they may need 60' but actually this is a 30' trail. There are two right of ways, Wayne said. One says that it is a 50' right of way but it needs to be a 60' right of way.

Jim Donovan said the 60' could be the easement and it doesn=t have to be a public right of way; it can be totally private.

Ed asked about the subdivision bylaws. Research has not shown this to be a previous subdivision. Therefore this could be a boundary adjustment. Dean quote a boundary adjustment as:

A realignment or relocation of boundary lines between existing adjacent lots which are not included in an approved subdivision shall be considered a boundary adjustment if the commission determines that such realignment or relocation does not create any new lots, will not impact access to any parcel, will not adversely impact any significant natural resources, will not create a non-conforming lot. All boundary adjustments shall be surveyed and recorded.

Wayne said that the property originally was all part of that same parcel. His mother separated the parcel in 1970. His father had all of this farm.

Ed Stone suggested that this could be classified as a boundary adjustment. Jim Donovan said this needs to have a 60' right of way to that remaining parcel as a trail. The order in 1975 discontinued the use of Pent Rd. and its designation was changed to a trail in 1993.

Jeff noted that there are trails all over town and just the fact that there is a trail doesn=t mean it subdivides a lot. Wayne asked if they must merge the lots. Jeff said we should just consider this a boundary adjustment and move on. Just because there is a trail there, that can remain and the Planning Commission doesn=t have to touch it.

As long as we know it=s a 30' trail, that=s okay. It=s existing, and the other one is when they are worrying about a merger of lots. Jim said they have to make sure that the other one is a 60' easement rather than 50'.

Dave said if Pent Road used to be 60' and was changed to a 30' trail but kept the 60' easement, that would be okay.

Jeff said we aren=t changing anything if it=s just a boundary adjustment. This is just a Sketch Plan and nobody is subdividing anything.They want to just be sure that when each of the brothers leaves his property to his heirs it will be with clear titles.

Jeff moved to classify the application as a Boundary Adjustment. Josie Leavitt seconded the suggestion. Wayne will just have a line put on the mylar. It will come back as a regular agenda item, Dean said.

3. Joseph Messingschlager and Megan Zinner, Sketch Plan Review for a 2-lot Subdivision on Greenbush Road: Joe Messingschlager said they don=t want to subdivide this, but just want to add an in-law apartment. It appears to be larger than the typical accessory apartment size.

Joe said when the Town approved the septic design when it was the Castle property, the design was for 4 bedrooms. They wanted to use the same septic for their 3 bedrooms and for the 1 bedroom cottage.

The Planning Commission recommended that Joe consider this as being a small farm. Ed reminded Joe that if there are 50 chickens or 4 horses this could be considered a small farm. The cottage resident could be the farm manager. If the cottage is 650 s.f. and is the residence of the farm manager it fits within the zoning regulations. (Section 4.2 of the descriptions of a rural district.)

The septic system permit already exists. They plan to get both building permits at the same time. Ed said all Joe needs is a building permit. Then he can talk to the Zoning Administrator about whether he needs a conditional use. This is not listed as a conditional use in a Rural District.

The Act 250 folks, Joe said, told him they have to have all the easements in place for both the main house and the cottage to be connected to the 4-bedroom septic system that is already approved.

Joe was advised to go to the Zoning Administrator.

4. Village Concept Plan / Town Plan discussion: There was a brief discussion about the Industrial District because that appears to be one of the main reasons the Selectboard=s re-write of the Town Plan was rejected. Dave Brown said if we take that away, that means there will be extra traffic here near the Town Hall, and asks, AWhy compound the problem?@

Josie recapped something that had occurred regarding changing the light industrial zoning district to rural district. It was supposed to be put to a vote since the industrial district had originally been created by a vote. When it was not put to a vote but was instead written into the Selectboard=s version of a new Town Plan, then there was objection.

Ed Stone said we really should ask Sylvia Sprigg what she wants to do. She has said she would follow the will of the town. (This was a private statement and not to be taken as testimony.)

Other questions that need to be explored further, is the ATDR@ concept which had objections voiced about. Another is the Tower regulation which was only for a year.

There is a tentative schedule to get a presentation to the Selectboard by October. Gordon Troy suggested the Planning Commission hire a consultant and verify differences in our regulations vs. the State regulations. There may be some tweaks but no real problems with State law, most Planning Commissioners feel.

This is a working document for applicants, Gordon said. He suggests we ask Burnt Rock (an agency that his former town used) for a proposal.

Jim said we should decide how the Town Plan will go, Josie wanted to map out a schedule of when this will go to the Selectboard. Gordon suggests we go back to the last draft from the Planning Commission.

This makes 2 parallel paths because we also have to pull in the Village Plan. Jim has a copy of this and Ed needs a copy. If they have ideas, they should feed them to Dean Bloch.

The next meeting is on July 5^th. Ed Stone moved to adjourn at 8:50 p.m. Dave Brown seconded and the meeting adjourned on a unanimous vote.

APPROVED BY THE CHARLOTTE PLANNING COMMISSION ON

Chairman Date

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