Jeff McDonald

Jim Donovan

Gordon Troy

Gene Diou

Linda Radimer

Al Moraska

Staff Present:

Dean Bloch

Others Present:

Stephen C. Brooks

Marty Illick

Dave Marshall

Eleanor Russell

Sharon Murray/Brian Shupe (Burnt Rock)

David Miskell

Neil Fraser

Chris Patullo

Jonathan Fairbanks

Avery Hall

Clark W. Hinsdale, Jr.

Linda Hamilton

APPROVE CONSENT AGENDA AND REGULAR AGENDA (NOTHING ON CONSENT AGENDA)

Chair McDonald called the meeting to order at 6:35 p.m. He asked for any comments on the consent agenda or regular agenda.

Marty Illick brought up the Town’s application for the planning grant and informed the PC that the Town needs to fill out the signature page. Mr. McDonald said that this issue was on the consent agenda and had been approved.

The open space agreement draft was brought up noting that Gordon Troy, Mary Illick and Linda Hamilton were the members on that committee and their task is to review the Town[‘s current open sacpe agreement and bring their comments back to the PC. Mr. Troy said that he went through the agreement but hasn’t had the time needed to do a thorough review yet. He said byh Halloween, he will have comments. Mr. McDonald said that the PC will review the draft after they get comments from this committee, and then they will give it to the Town attorney for review.

Ms. Illick said that she is working on the budget now and asked if she could work directly with Dean Bloch. Mr. McDonald said yes. Mr. Brooks said he and Dean Bloch got together about maps and he’s getting some made and there will be more indexing instructions on how to use the rack. Mr. McDonald asked new maps. Mr. Brooks said that there is an updated conservation plan, large road map and a separate ortho. He asked where Commissioner Diou lives. The answer was that his residence is in the Town of Charlotte.

DISCUSSION REGARDING REOPENING FINAL PLAT HEARING AND SITE PLAN REWVIE HEARING FOR CHAMPLAIN VALLEY C-HOUSING IN CONSIEREATION OF WASTEWATER DISPOAL ISSUES

Mr. Donovan arrived at 7:06 p.m.

Mr. Bloch briefed the PC stating that the issue is that the State adopted new rules in 2002 and the Town has not adopted those rules (it is required to adopt them by 2007), so the rules for septic sewerage ordinance that are being referred to are the 1996 State rules. Spencer Harris reviews most applications and for whatever reason, he had not completed a review until after the hearing closed. Once he did his review, he felt that the capacity under the current Charlotte sewerage ordinance would not support the number of residences that the co-housing application proposed. That is the problem. He said that the Town attorney supported possibly reopening the hearing or possibly reducing the number of lots.

Mr. Troy asked if anyone had requested to reopen the hearing. Mr. Bloch said that it would be under PC motion during the appeal period. Mr. Troy asked also if it is in the decision that the PC makes clear reference to number of units for capacity and compliance with septic in more than one spot. Mr. Bloch said that’s true and the issue that the Town sewage consultant has brought to light is that the Town has a standing policy not to approve lots that don’t have current septic capacity under the Town’s rules. This would mean that approximately 30% of the lots don’t meet the Town rules. Therefore, until 2007, they could only have 70% build-out. Mr. Moraska asked what it would take to get the Town in compliance with State regulations. Mr. Bloch said by adopting a new ordinance by the Selectboard. Linda Radimer asked if there is room to alter the design of the septic to be in compliance? David Marshall said that there are additional wastewater sites that are controlled by the owner offsite that would make the project compliant with the 1996 rules. This offsite is on the Berry Farm. Ms. Radimer asked how about creating treatment through plants like Burlington, for example. David Marshall said one is a secondary level of treatment where you are allowed to apply more wastewater per square foot than what you would through septic tank affluent. When you go with the second level of treatment, that allows you to apply a large amount of wastewater per square foot, but you still need to deal with hydraulic issues. Mr. Troy asked if secondary treatment is like sand filter systems. Mr. Marshall said yes, but on a bigger scale. Mr. Troy said that if the PC made it clear in the decision that there has to be compliance with regulations in force at the time of build-out in order to be able to get a building permit and Certificate of Occupancy, it seems that engineering needs to be done – and that the PC hasn’t approved something that can’t be done.

Mr. McDonald said that the plot plan is being done at the same time and never before have they allowed creating lots without capacity already approved. It is mostly self-regulation, but the PC needs to think of precedent, he said. Mr. Troy said the only thing is that the applicants don’t have a plan in front of the PC, but there are plans available today utilizing current regulations (Mr. Marshall said that there are “sites” available that could make a plan that would be compliant today), so Mr. Troy says it holds up their ability to pull all the financing together and for the PC to open it all up because of a misunderstanding that could be engineered out. Mr. Marshall said that all the legwork is done. Mr. Troy stressed that the PC tries to be consistent, but as a commission what they do is not considered precedential. Mr. Bloch asked if they feel comfortable with the next applicant in the door doing this. Mr. Troy said the PC decision is not made as a precedent; it was made with information available at the time and subsequent to the decision, information became available. Mr. Diou said it would not change the intent of the PC decision. The offsite solution would be in control of the Callerys, who are going to give control by easement on the Berry Farm.

Mr. Troy asked and suggested the following: Because the PC has a 30-day time clock right now with the appeal period, what time frame will that take to accomplish the engineered offsite solution? Dave Marshall said the solution would be to co me in with a supplemental plan to identify how they are going to be compliant. Mr. Troy said that is the jurisdiction of Spencer to put his stamp on it, so PC is ok. He asked Mr. Marshall if he needed more than 30 days and Mr. Marshall said it could be done before 30 days was over and they could come in with a plan two weeks from now. Mr. Troy, therefore, suggested that the PC sit on it for 2 weeks to allow the applicants to get a plan for compliance ready and then ask Spencer to have an expedited review of it. Ms. Radimer asked if it was expected that the PC would have to have a public hearing and Mr. Troy said yes. Mr. Bloch said it would have to be at least 15 days (warned hearing) and the soonest it can e would be November 6. Mr. McDonald said the condition of the approval stands. If the problem gets fixed, they stay on the same path.

Mr. Troy said if the two weeks deadline cannot be accomplished, the PC would want a letter from Champlain Valley Co-Housing (CVCH) to request to reopen the hearing. Mr. Bloch raised one other option: Bill Maclay indicated that perhaps single family dwellings could be 2-bedroom rather than 3 bed-room for a period of time. Right now, they have 47 bedrooms of capacity (little less than 2 bedrooms per unit, Mr. Marshall said.

Mr. Moraska said that at the present time, CVCH is approved to do 17 units – can they start construction of those 17 units now and put the other on hold until this issue is settled? Mr. McDonald said they will have a proposed design that will handle them all. Mr. Bloch said that they are approved now for 26. CVHC can’t begin construction until 30 days after the decision date and permits, anyway, he said. Ms. Radimer said that if the number of bedrooms is reduced, it would in turn reduce the sale value. Mr. Bloch said October 7^th at 6:30 p.m. is when this issue will be on the agenda.

DISCUSSION OF UPDATE TO LAND USE REGULATIONS WITH BURNT ROCK, FOCUSING ON CHATPER 2—ZONING DISTRICTS

Town members, PC members and Burnt Rock consultants discussed this issue.

WRITTEN DECISIONS AND SKETCH LETTERS

The Planning Commission reviewed Sketch Plan Letters for the applicants of the previous meeting on September 4^th. The Written Decisions were tabled until October 2^nd.

ADJOURNMENT

The meeting adjourned at 10:00 PM.