Charlotte Planning
Commission
Minutes of Meeting of
July 17, 2003
Charlotte Town Hall – 159 Ferry Road
Town Office – (802) 425-3533
Gene Diou
Jeff McDonald,
Chair
Linda Radimer
Staff Present: Dean Bloch, Town Planner
Others:
Sheila Braun Bill
Maclay
Mike Buscher Dave
Marshall
Neil Buxton Chip
Patullo
James Callery Joe
Perrotto
Linda Hamilton Debbie
Ramsdell
Mel Hawley David
and Victoria Rose
Carl Johnson Larilee
Suiter
Alice Lawrence
James Lawrence
Bill Lockwood
Chair Jeff McDonald called the meeting to order at 6:40
p.m.
DISCUSSION OF REQUEST BY GREENWOOD AMERICA FOR A SUBDIVISION AMENDMENT FOR THE 3-LOT PRD ON LAKE ROAD, TO ELIMINATE THE AGGREGATE LIMIT ON SIZE OF DWELLINGS, AS WELL AS TWO OTHER MINOR AMENDMENTS
Mel Hawley thanked the PC for ensuring their place on the agenda. He went on to report that Greenwood America sold Lot 1 last August. The building permit for this lot was approved by the Zoning Administrator. In April, 2003, they entered into agreements for Lots 2 and 3. The owner of Lot 1, after obtaining the permit from the Zoning Administrator, applied for a permit to amend their initial permit for a second floor rec room of 476 square feet. On May 15, 2003, at the closing, a question arose regarding allowed square footage per the covenants. Mr. Hawley said that they are proposing to amend their Protective Covenants to remove the aggregate of 8,000 SF of living space
He said that Greenwood America disagrees with the Town attorney’s opinion that they would need to file a subdivision amendment for this purpose.
Mr. McDonald asked for questions from the public. Mr. Donovan asked if they were doing anything to enforce their covenants. Mr. Hawley said that they send the covenants to proposed buyers. Mr. Perotto noted that, because of this issue, they are having problems selling the last lot so he reiterated the advantage of changing the protective covenants to remove the aggregate of 8,000 SF of living space. Mr. McDonald said that the covenants are not up to the Town to enforce. Mr. Hawley said they would like to propose square footage of living space at 2850 per lot and he said that that isn’t much different from 8,000 SF. He also said that this problem arose from a communication problem between the Planning and Zoning departments.
Mr. Diou asked if the PC could reverse its previous approval and Mr. Bloch said no. Ms. Radimer asked if the PC elected to do the aggregate, Lot 1 is no longer obliged by the covenants. The covenants are between the association and the landowners.
Mr. Hawley said the association cannot change the covenants without PC approval. Mr. Bloch asked Mr. Hawley if Greenwood America would think about keeping the aggregate amount of 8,000 SF of livable space. Mr. Perotto said the aggregate is not an effective tool. If they were to have it at 2,850 SF of livable space per lot, it would achieve the PC’s intent of not having big homes built. Mr. McDonald agreed. Mr. Hawley said that if the PC acknowledges a change in the protective covenants with a note on the mylar, he could have the engineers change the note on the mylar and rerecord it.
After discussion, the PC decided to deliberate further on this matter.
CONSENT AGENDA AND REGULAR AGENDA
Everyone was in agreement
with the Consent Agenda and Regular Agenda – no changes.
PUBLIC COMMENT
None.
JAMES CALLERY
(PROPERTY OWNER) AND CHAMPLAIN VALLEY CO-HOUSING, INC. (APPLICANT): FINAL PLAT REVIEW FOR A PLANNED RESIDENTIAL
DEVELOPMENT CREATING 26 DWELLING UNITS AND ACCESSORY COMMON BUILDINGS. THE PROPERTY IS LOCATED AT 4225 GREENBUSH
ROAD IN THE RURAL AND CONSERVATION ZONING DISTRICTS.
Bill Maclay (Champlain Valley Co-Housing (CVCH)) and
Mike Buscher (T.J. Boyle & Associates) each gave over to Dean Bloch
additional drawings for this project.
Mr. Bloch explained that this application was
submitted to the Town in May. There
have been a few issues with neighbors which have caused some amendments to be
made. There has been a review of the
plans, which have always been made available to the public and will continue to
be until the hearing is closed. He also
said that concerns from the public will be considered tonight. Mr. Bloch explained that normally a final
plat hearing is just a formality.
However, because this application is bigger there is more that the
applicant had to come back with.
After Mr. Bloch explained the process, Mr. Maclay
went though individual areas and gave responses to each of Mr. Bloch’s notes:
1.
Buffer
requirements from Clark Hinsdale.
Originally Wildwood West had pedestrian access to the whole property;
now they had a dedicated pedestrian path.
The rec path got moved as well.
2.
Motorized
vehicles. CVCH offered to Wildwood West to limit the trail with limited use
which would allow for use of motorized vehicles along edge of field and
project. If this is a major issue, they
will do an amendment. Mr. Rosen
explained that the people on the west side of Greenbush Road are very upset
about this issue; the noise from ATVs creates a nuisance. Everyone agreed to table this issue.
3.
Mr.
Rosen requested additional trees. Mr.
Maclay said that CVCH will be willing to plant two additional trees.
4.
Lot
numbering system has changed. Layout
did change. Duplex has been eliminated
and another single family home has been created. This has changed the ratio of multi families to single
families. It is adding another
footprint with no changes in parking.
At this point, Mr. Maclay handed over legal
documents to Mr. Bloch.
The following are CVCH’s responses to Mr. Bloch’s
memo (please note that the numbers below do not necessarily match the numbers
in Mr. Bloch’s memo):
1.
Complete
2.
Limitation
on common housing use. Mr. Rosen asked
how this issue gets enforced. Mr.
McDonald said that this is a concern that the PC raised so it will have to deal
with the covenants. Mr. Maclay said
that they will include the common building as a unit for permitting. What is being proposed is more restrictive
than a normal family home (4 weeks’ stay for non-residents). Mr. Donovan said that this measure is very
unenforceable, but as long as it is not a permanent residence, it would make it
easier. Mr. Rosen noted that this is a
different form of community and his concern is further down the road (7 – 10
years from now). Mr. Diou said that he
is concerned that the common building not become a gratis hotel.
3.
Commercial
use. There is language in the covenants
which addresses this – i.e. use as a home occupation. Linda Hamilton said it can be a home occupation if the office is
connected to the bedroom. Ms. Radimer
said that this raises septic issues.
4.
Burlington
Community Land Trust – The concern is that the project will be phased. CVCH cannot guarantee that the first
multi-family unit to be built will have the affordable units in it.
5.
Site
Plan Review Application. That has been
submitted.
6.
Drainage. David Marshall from CEA explained that the
analysis of the hydraulic cap of the existing culvert shows over 6 feet of
freeboard and it is at the lowest part of the roadway. There is excess at the cap of the
culvert.
7.
Road
access permit. This has been granted.
8.
Guardrail.
David Marshall showed a drawing/plan view of the proposed location of the
guardrail.
9.
Photos
– yes.
10.
Done.
11.
Done.
12.
Happy
with Mr. Blochs’ proposed condition.
13.
Fine
with applicant.
14.
Run
off – David Marshall found an error with Lawrence’s property line. He then showed a proposed protective measure
to ensure that no runoff goes on the Lawrence property.
15.
Easement
for wastewater discharge system. CVCH
has been negotiating with Clark Hinsdale on the Berry Farm. This is not an issue. An agreement will be signed within the next
week or so, Mr. Maclay said. When an
agreement has been fully executed, Mr. Maclay will get a copy to the Town.
16.
Right
to Farm. Fine with the applicant.
17.
Road
agreement. This is unexecuted. The language requested by the PC has been
included. Mr. Bloch said that the Town
attorney had reviewed it and had a concern with the location of the trail.
Utlimately, it would be within the 100 foot easement, but there would be a
20-foot easement centered on the trail.
Mr. Maclay said that CVCH will have no problem with that. Mr. Bloch said that the southern part where
existing pines are is where the trail will go.
Mr. Donovan asked how far apart the pines were; they are 25 feet
apart. Ms. Hamilton said that it is
important to keep the trail out of the habitat area.
18.
Charlotte
Central School. Mr. Bloch said that
the Town attorney has not decided on this issue. There is thought that this size project would be phased. Mr. Bloch gave Mr. Maclay a copy of the
proposed language. If there are more
than 14 students in this project that will attend the school, payment will be
made; if less than 14, no payment.
This proposal is in lieu of phasing conditions. These funds would be dedicated to education
costs. Mr. Rosen asked how it got
enforced. Mr. Bloch said if the applicant
complied, they would not have to go to court.
Mr. Maclay will ask the attorney to review the proposed language and get
back to Dean Bloch.
19.
Erosion
Control. Location of temporary soil
stock piles – they will begin in the fall and once the utilities are complete,
there will be no more piles. A special
stormwater discharge permit from the State is required. There will be on site coordination of
mulching.
20.
Draft
service contract for wastewater system.
21.
Lighting. Mike Buscher from T. J. Boyle &
Associates explained that they are going to use landscape bollards which will
utilize downward cast lighting and be 3 feet tall. Also, there will be recessed lighting for porches. On the deck
area, there will be downward shielded light (26 watt fluorescents).
22.
Vermont
Land Trust. Mr. Maclay reported that
this draft contract came in today and he said that they would like to
incorporate public paths. Also,
although no gazebo is presently proposed, this will be put in the agreement to
ensure a precedent.
23.
Complete.
Other Issues:
1.
The
public trail could go on either road.
Mr. Rosen said that the path followed the road. Mr. Maclay showed him on the drawing where
the 100 foot area along the road is.
There is a farm easement on top of the public path, which allows Clark
Hinsdale to get from the Berry Farm to his land.
2.
60-foot
rights-of-way. The proposed plan shows
that the 60 foot wide access has been reduced to 20 feet. There is a waiver required when it is not 60
feet. Mr. Donovan and Mr. Bloch said
that the PC cannot waive this right now.
Mr. Bloch noted that the parking structure would be allowed within the
60-foot right-of-way.
3.
SA-9. Wildlife planning – Mr. Maclay showed the
area on the aerial. Mr. Donovan asked
that the color be changed from yellow.
Mr. Maclay agreed to do that.
4.
SA-10
– It was suggested that the letter with the Charlotte Volunteer Fire Department
be put on the map.
5.
SA-11
– Mr. Maclay said that the dwellings do not have to look like what is
drawn. There will be a design approval
process. Plantings will be utilized to
screen the area. The parking sheds are
22 foot high. Mr. Bloch asked Mr.
Maclay to address the landscaping toward the road. Mike Buscher explained that they have proposed using vegetation
and new plantings to screen the light (cedar, spruce and willows). Neil Buxton, a neighbor, said that when
turning south on Greenbush Road, headlights do have an effect
6.
Parking
– no change in proposed parking. The
current concern is safety and there is adequate space. Mr. Bloch said that there could potentially
be classes or activities that people are attending that might require a need
for additional parking. Mr. Donovan
said that as long as there is a gate, there is no problem.
Mr. Donovan asked Mr. Maclay to explain the
reasoning for the change from the duplex unit to an additional single family
unit. Mr. Maclay said the request came
from BCLT because there is more demand for single family, rather than
duplex. Sheila Braun said that
Burlington Land Trust did not want the duplex lots, because it would be more
affordable if they broke them apart, so that’s what they did.
Mr. Rosen asked the PC to clarify the process of
this type of application (plat review and plan review). Mr. McDonald said that the process is that
after the final plat hearing has been closed, the PC has 45 days to make a decision
on the application. With the site plan
review, once it is open for 60 days, then the PC makes a decision. Mr. Bloch said that information on the site
plan review is related to traffic, pedestrian and landscape issues.
There was a discussion about wetlands. Mr. Maclay said that currently the road line
goes into Class 3 wetlands and he proposes to go to 10 feet for the lot line
and building envelope in terms of setback for the building area.
Mr. Donovan moved to continue this matter. Mr. Diou seconded. All were in favor and the motion was unanimously passed. This matter is continued to August 7, 2003 at 8:00 p.m.
ADJOURN
Mr. Donovan moved to adjourn. Mr. Diou seconded. All were in favor and the motion was unanimously passed. Meeting adjourned at 9:00 p.m.