CHARLOTTE PLANNING COMMISSION

Guests Signed in:

Sylvia Sprigg

Edd Merritt

Mary Beth Freeman

Dottie Waller

Bill Lockwood

Tricia & Peter Coleman

Rick & Roseann Pollack

Jonathan Fisher

Debbie Ramsdell

Amy Demetrowitz

Carolyn Vadeboncoeur

Walter Gates

Wendy Pierce

Ron Miller

Alison Lockwood

Bill April

Mel Hawley

Joan & Fred Krech

Nancy Sabin

1. General Business, review of Minutes: These were postponed; the minute-taker was asked to send a red-lined version of July 19^th minutes if possible.

2. Greenwood America vote reconsideration, or alternative: Planner Dean Bloch had talked with the Town Attorney regarding Greenwood America. The decision, in a nutshell, was that a re-vote on the same motion cannot be made, but a new motion can be acted upon. Jeff said the same Planning Commission members must be present who have considered this project.

Jim Donovan said he would like to make another motion based on some of the things they had talked about, and using the original motion as a base. Gordon Troy suggested that the Planning Commission look at Dean Bloch=s draft; one being the denied motion, and the second half being a rather complete conclusion of all the conditions that we had discussed, with one modification.

Jim Donovan moved that the Planning Commission approve the Greenwood America application with the proposal that Dean Bloch sent, with the following modifications:

1B: This sentence would read, AThe wildlife corridor shall be twenty feet (20') wide along the southern boundary of Lot 6.@ and the second sentence shall read, AThe trail easement shall be specifically delineated as it runs adjacent to Lot 1, and shall be a Afloating easement@ as it runs the remainder of the project area, to be specifically identified at a future date.@ (with the rest of condition 1B the same as suggested by Dean Bloch in his AFindings of Fact@).

2C: In the first sentence within the parentheses, Anot including basement, garages, or porches@ and after the parenthesis, make that a period and take out the rest of the sentence.

2D: The driveways of Lots #2, 3 and 4 shall be reconfigured so that they use a shared driveway for the maximum possible distance before reverting to a single driveway.

Eliminate Dean=s proposed 2F, so 2G becomes 2F and 2H then becomes 2G.

3. At the end of the third sentence, AThe plan shall refer to the Covenants for maintenance ... A the last part of the sentence, instead of Athe overall planting scheme for the project area,@ replace that with, Athe overall mitigation planting scheme for the project area.@ Also in the last sentence of 3, change it so Athe plantings shall consist of at least 50% conifers in order to provide appropriate screening to the neighbors.@

16. Move the requirement Athe plantings delineated as adjacent to or within fifty feet (50') of the northerly and southern boundaries of the project area@ to the front of the sentence, and then continue with the requirement that the common roadway and septic system shall be completed and installed, etc.

Josie Leavitt seconded the motion, and Jeff asked for discussion.

Al Moraska proposed that condition 2C not be changed at all. Jim Donovan said he is proposing taking out the height limitation.

Al questioned condition 2C; what if the developer decides to put in one house at 8800 sq. ft., or two houses with 4400 sq. ft. apiece? He said he still prefers having three lots rather than four. Also he recommends, in keeping with the look of the neighborhood, or to keep the limit of 2,000 s.f. for a total of 8,000 sq. ft. Jim Donovan said the Mack house next door is 2200 sq. ft. so that is why he kept the 2200 sq. ft. A said he still insists on 2,000 sq. ft. because they are still within a very small area.

Jim said he would be willing to drop the requirement to 2,000 sq. ft. if the person who seconded the motion will go along with it. Josie Leavitt said that is acceptable.

Jim Donovan verified, the limit in condition 2C is 2,000 sq. ft., for a total of no more than 8,000 sq. ft.

Gordon Troy said this will also require a change to paragraph 5P: Athe combined living area of the four lots is limited to 8,000 sq. ft., and the residences shall be no higher than 25 ft. (1 2 stories). Al does not want the height restriction taken out of condition 2C, either. Jim Donovan said that is alright, and Josie Leavitt agreed with that also.

Jeff consolidated the friendly amendment to the motion: Athe 2200 sq. ft. changes to 2,000, the 8800 sq. ft. changes to 8,000, and we keep in, Aand residential structure shall be no taller than 25 ft. (one and one-half stories). Gordon Troy reiterated that in the parentheses, it excludes basement, garage and porches.

Gordon said, AThe applicant may choose without prejudice to create three building lots if larger houses are desired; in this case the combined living area for all houses shall be no more than 8,000 sq. ft.@ (Dividing that by 3 is 2600 plus square feet.) Josie Leavitt agreed to that.

Al Moraska asked about the deer walking where it is not delineated. Jim Donovan said we don=t define the exact wildlife corridor; but it should be defined. The trail easement is floating, but they are both set in one area.

Gordon Troy wanted to make that more clear:

1B: Change second sentence to, AThe trail easement and wildlife corridor shall be specifically delineated as it runs adjacent to Lot 1.@ Then he would add, AThe wildlife corridor shall be twenty feet (20') wide along the southern boundary of the entire project area.@ Then, AThe trail easement shall be a floating easement as it runs through the remainder of the project area to be specifically identified by the Town at a future date.@ Jim Donovan agreed to the change.

Jeff McDonald said the motion has been made and seconded, and asked for additional comments. Gordon Troy suggested that instead of eliminating condition 2F, it be changed to instead say, The plat will indicate the location of Class II wetland and 50 ft. buffer, and the Class III wetland. The only reason for that condition was that there is a Class II and Class III delineation of the plat, Gordon said.

Al Moraska asked that the language in the covenants section 16P be the same as the language in condition 2C. Gordon Troy suggested: AIn 2C, a paragraph shall be added in the Covenants indicating that the residential living area of the houses on the building lots is limited to 2,000 sq. ft. (not including basements, garages or porches), and residential structures shall be no taller than 25 ft. (1 2 stories). The Landowners may choose (without prejudice) to create 3 building lots if larger houses are desired; in this case the combined living area for all houses shall be no more than 8,000 sq. ft.@

For that amended language, the vote was 5 to approve, with one member abstaining and one member absent.

Jeff call for a vote on the complete motion including the approved amendment. The motion was approved, with 5 votes to approve, one member abstaining and one member absent. [Josie Leavitt then left the discussion.]

3. In a letter written by Planner Dean Bloch to Mary Beth Koch summarizing the discussion of the Sketch Plan Review, Item 3 will be slightly changed. The building envelope should consider ground contours, wildlife corridors, the minimization of the driveway, changed to Adriveways@ and privacy.

4. Gil Barlow and Molly McClaskey: Letter will have a change, Item 3, AClarify that the Awoods road@ right of way and any other rights of record have been removed.@

5. Champlain Valley Co-Housing letter sent to William Maclay: Item #1 recommendation should, after Anorthern border of the development@ add the word Afurther@ to the south.

Item #2, after the evergreen buffer, change Aalong the northern boundary of the project,@ change to Aadjacent to Wildwood West.@

Item #4 recommendation, Consider raising and extending the earth berm along the entire reconfigured parking area, and leveling from the top of the berm to the northern property line (i.e.: Aha-ha@ style) adjacent to the southern boundary of Wildwood West or its extension to the west, without changing the southern edge of the development. (It is intended to compress the development more without changing the southern edge.)

Item #7, instead of Awith identification of existing trees to be preserved, as well as new landscaping,@ change that part to Alandscaping mitigation plan.@ Jim Donovan said they only need to have the new landscaping.

6. Ten Stones: Subdivision Amendment to allow a density bonus on one additional dwelling unit (6% density increase) based on provision of two affordable dwelling units in a duplex, located on Ten Stones Circle:

Ron Miller represented the applicants. This was warned as a public hearing for the subdivision amendment.

Al Moraska wanted to make clear that the applicants know that for the additional dwelling units that are approved, one will be a duplex that has two perpetually affordable units.

Jonathan Fisher cautioned that duplexes have a special consideration in State regulations and falls under greater review than a single house. Gordon Troy agreed that Spencer Harris should verify that all Town and State septic regulations are complied with.

Amy Demetrowitz spoke, as a representative of the Burlington Community Land Trust, and said they have 300 houses in Chittenden County. The covenants require that the price is affordable.

Gordon Troy wanted to be assured that any subsequent buyer has to meet the regulations. The grant is through the State, Amy said.

Jim Donovan moved to close the public hearing on Ten Stones. Martha Perkins seconded the motion, and the motion was approved, 5-0 with two members absent.

Gordon Troy moved that the Planning Commission approve the Ten Stones subdivision amendment (1) to allow a duplex, and (2) to allow a density increase of 6% with the condition that:

1. Prior to submitting an application for a Certificate of Occupancy for the duplex, the applicants shall submit to the Planning Office for review and approval, and then record in the Charlotte Land Records, a covenant which will maintain the two units in the duplex as perpetually affordable.

2. That before a Certificate of Occupancy is granted, compliance with all Town and State septic regulations are complied with.

Jim Donovan seconded the motion, and it was approved, 5-0 with two members absent.

7. Dawn Wulfson, Sketch Plan Review for Subdivision Amendment to allow direct access onto Dorset Street Extension instead of Night Run Lane: Gloria Warden reported that Mike St. Hillaire had called and requested to have this re-scheduled because there was no one to represent her.

Al Moraska said he would have to recuse himself because he is an abutting landowner.

Gordon Troy said he would need more background on this although Dean Bloch has submitted his recommendations against changing the conditions of the subdivision because of reducing the number of curb cuts. He was also concerned whether this information has been communicated to the applicant.

It was the Planning Commission=s consensus to follow Dean Bloch=s recommendation: If the applicant wants to move forward, the next step is to apply for a subdivision Amendment, which would require a revised survey and a public hearing.

8. David and Carol Vadeboncoeur, and Howard and Wendy Pierce, Sketch Plan Review for Subdivision Modification to change lot lines and building envelope: The lot is located off of Lime Kiln Road. David Vadeboncoeur explained his proposal; rather than have two very narrow, long lots, they want to have two wider lots side by side. David wants to use the front part for a horse pasture.

This property was subdivided several years ago, and David and Carol bought two narrow lots, two years ago with a right of way serving both lots; the proposal is to revise that into a front and a back lot.

The septic (pump) system stays; it is shared by the two lots. They would also use the same shared right of way that is there.

Howard Pierce, who wishes to purchase the other lot if this boundary adjustment is approved, mentioned a pond, so the Planning Commission members and applicants located the pond on the Town=s wetland map. It was determined that a smaller slice of wetland is draining into the pond.

This change allows David to have a pasture, and he wants to have as the right of way an old farm road.

Al Moraska said there is another issue, that there is a firing range to the east of that parcel. This change should not cause any problems relating to the firing range. Both applicants said they are well aware of the firing range, and David said he knew about it before he purchased this land two years ago.

Al said they would need to get some distance, and need to see how far away it is. It is the Planning Commission=s responsibility to see that a project does not create problems, he said, and not to make the situation worse than it already is. There will have to be a site visit, and the firing range has to be addressed.

David said they didn=t want the houses to be lined up side by side, although some Planning Commission members said that wasn=t necessarily a bad idea.

Jeff McDonald moved to classify this application as a Subdivision Modification. Jim Donovan seconded the motion and it was approved, 5-0 with two members absent.

The site visit will be on Monday, October 8^th at 7:30 a.m. (a holiday). Gordon Troy will go over on a different day. It was described as near a house that is under construction on Lime Kiln Road.

9. Discussion of an application for a Certificate of Public Good for a wind turbine by Rick Pollack of Windy Ridge Rd.: Rick Pollack showed the Planning Commission photographs of the proposed location. Gordon Troy said he is not against wind energy, because of its environmental aspect. The Planning Commission has been asked by neighbors of the Pollacks to request the State to hold a public hearing, and the Public Service Board would hold this in the community, so that Charlotte residents have the opportunity to speak.

The adjacent property owner has requested that the Planning Commission provide written comment to the Public Service Board. Four abutting property owners, and the Selectboard, and the Planning Commission are interested parties, and should request a hearing, which would be held locally.

Jonathan Fisher said he has not heard that the State regulations and actions supercede the Town=s; as chair of the Zoning Board, he said if there were a ruling it is his opinion that he would have somehow heard about it.

Al Moraska said the idea of wind turbines is not a new one, but the Zoning Board has decided on them in the past. He feels the Planning Commission has no jurisdiction. Gordon Troy said the Planning Commission does have status, though. Jim Donovan said it is up to the Planning Commission whether we want to make a comment to the State.

Deb Ramsdell said it is her opinion that if the Public Service Board comes to Charlotte for a hearing, it might be contentious. It would likely be in an adversarial atmosphere, she said. Martha Perkins agreed, saying this is a way of educating people.

Sylvia Sprigg said the perception might be that the Public Service Board made the decision without any input from the Town at all. When the applicant requests that the Planning Commission not request a public hearing, it appears to circumvent the regulation #7 relating to Views and Vistas, removing any discussion totally from the Town.

Rick Pollack said if the Town Planning Commission voices an opinion, he would rather not go to the Public Service Board, and. said he did this through the Public Service Board because the Governor has expressed concern about renewable energy

The request that the Planning Commission received, talks about the Town Plan=s viewsheds; the Town has said they would protect these views.

Dean Bloch=s comments spoke about it being Anear@ the viewshed. The abutting neighbors said they had multiple meetings regarding the V1 viewshed.

Jim Donovan asked if we want to request a hearing at the State level. We should be there either by person or by comment, he said. Jeff asked if the Planning Commission wants to provide comments to the Public Service Board.

Jim Donovan said if the building is considered a structure, it has to go before the Zoning Board.

Gordon Troy said he is in favor of alternative energy, but other concerns are what this impact has on our viewsheds, because we could suddenly find ourselves with a lot of windmills. There are some sacrifices to be made, he said.

Al said we need a public hearing, at least for the site vistas. Jeff said this request has to be filed before October 24^th.

Nancy Sabin said windmills are not new. If this is 100% a windmill and the Town specifies that this is only a windmill and not a means of putting up more towers, for instance, she would be against it. In this town we support renewable energy.

Jim Donovan said if we request a hearing, we have to go, and to follow through on this.

Deb Ramsdell: You have a meeting on the 18^th, so perhaps you could continue this discussion.

Sylvia Sprigg said other windmills are not the issue yet; but asked if we are going to ask for modifications to the Town Plan, or wait until windmills #5, 6, 7 etc. go up without protest. She said the town should deal with this at the beginning instead of further down the road.

Al Moraska said he has had a solar system for 20 years, and is sympathetic to alternative energy.

Jonathan Fisher noted that the Zoning Board has approved three windmills. He said the Town needs to address this in terms of Town Planning. Three windmills was not bad, yet if there are 20 windmills, the Town will now have to approve them all.

Jeff appointed Al Moraska, Jim Donovan, and Martha Perkins to be on a committee for this subject. Debbie Ramsdell, who is on the Selectboard, said the Selectboard would probably take this up by themselves.

10. Charlotte Senior Center, Landscaping: Patricia Coleman, and Walter Gates appeared for the Senior Center. There was a discussion with representatives of the Senior Center, Jim said, and this evening with one adjoining neighbor, Joseph Zilko, and two weeks ago with both adjoining neighbors.

Jim said there will be a hedge as originally discussed along the west side between the Senior Center and Spin Richardson=s two properties, and that will also extend along the north side. There was a proposal about a white pine along the northwest corner.

There was a hedge that was removed midway on the building. The whole thing may not have to be replaced up to the porch, but it doesn=t need to go in until the deck itself has been put in. We could give a CO for the deck.

Jim Donovan moved to approve the Landscape Plan for the Senior Center with the following stipulations:

1. That they have a cedar/arborvitae hedge on a common boundary between the Senior Center and Spin Richardson=s properties from the northwest corner going directly south equal distance from the great room building, and

2. That there will be evergreen screening west of the electrical utilities, prior to the issuance of the Certificate of Occupancy for the buildings.

3. A white pine be planted in the northwest corner of the building, and sufficient evergreen and deciduous screening be added west of the south side deck prior to the issuance of the Certificate of Occupancy for the deck.

Jeff McDonald seconded the motion, and asked for discussion.

Walter Gates, representing the Friends of the Senior Center, reported that a year and a half ago they had obtained an option on the property. This changed in June of 2001, and at the insistence of the trustee for the Irish Estate, the Friends donated the land to the Town and assigned to the Town all of the permits from the State and the Town. These include the building permit, the zoning permit, the water use permit, the Site Plan, Labor and Industry permit, and he wants to be sure that when the Planning Commission votes this, the Friends of the Charlotte Senior Center do not have rights to the property or any responsibility. He said this must be addressed to the Town of Charlotte. The Town must do this. And he thinks the Planning Commission is putting themselves in an adversarial position with the Selectboard. If the Planning Commission says that the Senior Center will not be given a Certificate of Occupancy, the Selectboard might be unable to do this landscaping before winter. In that case, he asks, AAre you going to let that building sit empty all winter?@

Jeff McDonald said the motion has been crafted in two parts, for that very reason. Mr. Gates said he thinks the hedge may not be put in this Fall. Jim said they could go in now.

Jeff said Selectman Charlie Russell and Planning Commissioner Jim Donovan were members of an Ad-Hoc Committee for this landscaping. Jim Donovan said he will propose an amendment to the motion that the rest of the landscaping, which was also discussed, can be installed when the Committee comes up with its Final Plan for all the properties involved.

He said this has already been discussed with the Selectboard. The Planning Commission can=t make any special exceptions just because this belongs to the Town.

Gordon Troy said, in hindsight, because this was a specific condition of the approval, a CO can=t issue until this is dealt with.

Jim Donovan said that once the CO is issued, the Planning Commission doesn=t have any way of ensuring that the conditions are met. He said the only reason the Town could say it won=t be done, is that they don=t have any money for it. So if any other applicant wants to escape similar conditions in the future, they could say that they don=t have any money now, and they wouldn=t have to do the landscaping that they promised to do. We would have set a precedent.

Al Moraska said we can make exceptions, but we have to have very specific reasons why.

Peter Coleman said in another town, he had the same circumstance, and the town had set aside money in escrow for the work that had to be done.

Jeff seconded the amendment, (vote 5-0), then asked for a vote on the main motion: It was approved, 5-0 with 2 members absent.

Comments on the new picture of the color of the buildings as recommended, that it looks better.

11. Town Plan discussion: Jeff said he would entertain a motion to warn a public hearing by November 15^th. Gordon Troy added, Awith the understanding that by October 15^th, we have two opportunities to meet with the Selectboard for a joint meeting.@ Gordon said he would do his best to have in Gloria=s hands a version that can be distributed.

Gordon said he would like to have as many table updates as possible before that.

Jim moved that the Planning Commission warn a public hearing on the proposed Town Plan at 7:00 p.m. on November 15, 2001. Gordon Troy seconded the motion and it was approved, 5-0 with 2 absent.

Gordon said there is a working model online: The e-mail address is webtm.com, the Charlotte Planning .pdf version. Martha asked if there are documents available from the original Town Plan.

12. Telecommunications Bylaw: Mary Beth Freeman said there are some court cases regarding local zoning. She said the glaring thing they had missed in the original document is Ainformed consent.@ These are the health effects. She said the towers can interfere with older incubators or pacemakers.

Mary Beth reported that Montreal has banned these towers close to the hospitals, as has Clarkstown, NY. She also noted that when an airplane takes off, folks are asked to turn off cell phones. Allison said there should be some requirement for informed consent so that people can keep away from it who need to.

Allison said Manchester and Arlington require all towers to go onto churches and buildings; however that is where there are a lot of people. They are dealing with visual issues only. Actually, she said, the cell phone companies would rather use buildings than build a tower. We have locations in town where they can go in.