CHARLOTTE PLANNING COMMISSION

1. General Business, review of Minutes: July 19^th Minutes: in reference to ditching in front of Greenwood America subdivision, after Afire pond,@ add Aand diversion ditch@ in both places, to make the description more clear. Also close the parentheses for the parcel numbers, take out an extra letter in the word Ain@ and correct the name of a person who spoke. Summarization of what was said in regards to the Town Plan work session was clarified. Gordon Troy moved to approve minutes for July 19, 2001with a minor modification, with Dean Bloch=s parcel numbers penned in. Josie Leavitt seconded the motion and the vote was four to approve, with one abstaining because she had not been present, and two members absent. (The identifying line numbers along the side of the document will be removed in the approved version.)

Minutes for September 5, 2001. Gordon noted there was a space missing between the word Aa@ and the number designating acreage. (He was correct.) Gordon Troy moved to approve minutes for September 5, 2001 as amended. Al Moraska Josie Leavitt seconded the motion but did not vote because she had not been present. The motion was approved with three votes for, two abstaining, and two members absent.

2. Rodney and Donna Stearns, Preliminary Plat Hearing: Linda Hamilton, from the Conservation Commission, also asked to sit at the table. This is a Preliminary Plat Hearing for a 9-lot subdivision with 7 building lots. One lot is for the existing house and one lot is for all the remaining lands. Dean explained that since this is a Major subdivision, there has been a Sketch Plan hearing, now this Preliminary, and then there will be a Final Plat hearing.

Rodney Stearns said the location for this group of houses is in an old cow pasture, and the more valuable land in the open meadow will be saved in open space. He explained everything on the map, for the purpose of showing the audience as well as the Planning Commission. She showed the location of a pond, the trees, the existing house and the barn.

Rodney said this would be done as Phase I for this application, and Phase II for perhaps 5 more lots at a later date. Lot #8 is the additional house on Spear Street, using a shared driveway for the future second phase. Lot 9 includes the barn and 64+ acres, of which 29.78 acres will be in an Open Space Agreement. Phase II is directly behind Phase I but won=t be done for several years, Rodney said.

Lot #8 will be sold in the second phase; Rodney said one of his children may want that lot, that is why it is close to the farm.

Gordon Troy noted, that from Dean=s notes, this is being done in two phases because of Act 250. Rodney said he doesn=t want to sell them all at once anyway. It seems the rules that force an Act 250 rule have changed, and that is if there are 10 lots within five years. The 800' driveway rule has also changed.

Al asked about Lot 9. Rodney said Lot 9 is the rest of the acreage for the farm which is 64+ acres including the barn. Donna said since they can have 9 lots now, they thought they should use up all the nine lots now, even though they don=t intend to build anything for a long time on Lot 3.

Gordon suggested that since the long term goal is to take a new section and to identify where the proposed new section is, that they not divide that property out right now. Then they can make the single larger lot the only one that is pre-set for further subdivision. The Planning Commission can deal with the whole open space and the percentages for the open space now, and look at the property as a whole and when the applicants come back to deal with a second subdivision. It would be a much simpler process.

Gordon said if there is no immediate intention to do anything with Lot 8, it would be logical to create the one subdivision lot, and the Planning Commission could make it clear that is the lot that would be further sub-dividable in the future.

Josie asked how many lots they expect to provide in Phase II. Donna said it would be 5, so that would be a total of 15 lots after it is complete. Phase II would be after five years, Donna said. Gordon Troy said Act 250 could change in the next five years, and perceivably it could go back to ten years. He said if there are changes in Act 250, there is less of a likelihood of running into a problem. Gordon pointed out what he meant by going to the larger map on the display stand.

Jeff McDonald asked if people in the audience had questions of the applicant. Ed Ritter said as an abutter, that he is very much concerned, especially with the density of the proposed housing. He obtained a copy of what is being proposed, and at Dean=s suggestion, said he had called Act 250 and had spoken with Jeff Greene. Mr. Greene said to him that if there is going to be a Phase I and a Phase II and it exceeds 10 houses, it automatically triggers the Act 250 process. Mr. Ritter wants to ask the Town to ask for an Act 250 jurisdiction. It seems to him that the applicants are trying to get around the Act 250 process. He added that he personally does not want to see an additional 13 houses sitting around his property line.

Mr. Ritter said there is a concern about the traffic pattern, which is already increasing as a result of the reconstruction of Route 7. This is a dangerous curve, he said, where he almost lost a grandchild.

There is drainage from a stream, Mr. Ritter said, where there are marsh marigolds and cattails, he said, and the runoff would go on Ritter land. (The location was pointed out on the map.) He said it is not a permanent stream but it is a temporary stream. He said he has been keeping that area as natural as possible, and he pointed out where there is a lot of deciduous material.

Donna Stearns said the only reason that the Phase II issue came up, is that they were asked what they were going to do with the rest of the land. AWe were honest enough to say that later on there would be a Phase II.@ But she said they didn=t even have to mention it.

Mr. Ritter said the septic design was a giveaway; at Jeff Greene=s suggestion, he talked to the woman in Act 250 in Jeff Greene=s office who was concerned about water and septic. She asked if this is an oversized septic system. She said there is sufficient supposition that this is for a larger subdivision and is a way of getting around Act 250.

Josie Leavitt asked Dean what his thoughts are, as to whether it will fall under Act 250 or not. Dean replied that they can do a Project Review Sheet, which states whether or not this falls under Act 250.

Al Moraska said that Act 250 is not an issue that the Planning Commission has to address here. Traffic and other issues are some things that are looked at.

Martha wanted to discuss the fact that the Stearns= want to keep on farming, and that, she said, is a huge issue in New England, and in Vermont, to try to keep agriculture going.

Donna Stearns said they have tried every way they can. AWe offered all our land, Ian Rutherford offered his land, and the Dawsons offered their land. We offered it to Charlotte and we offered it to the Land Trust. >Buy our building rights.= We offered it to Charlotte for many, many years. Then I got into an accident, then I lost the sight of one of my eyes. We just wanted to keep on farming. And if I keep on going I may not even be able to see my grandchildren, to be farming the way we have been farming. There=s got to be an easier way. I=ve lost all I can afford to lose.@ She added that they have put hundreds of thousands of dollars into the land and into the farm.

Martha assured them that the Planning Commission realizes this. She asked Donna and Rodney if they have talked to the Vermont Land Trust more recently about this. Donna said it was recently enough; it was within the past five years, and they came to a point where they thought the Land Trust just wasn=t interested. They keep reading about other properties that were bought up, but never theirs, she said. The Rutherfords and the Dawsons were going to set their land aside and not take any money for it, and perhaps take a tax write-off or something, but still nobody wanted it.

Marty Illick asked to speak about this, as when this was discussed five years ago, she was on the Selectboard and was part of the discussions. She said she had thought it was great, but the Stearns= had wanted to retain 30 acres on Spear St. as part of that plan. Vermont Land Trust did express an interest, but not with the frontage on Spear St. taken out of the picture. She said what was presented by Rodney and Donna was not what they wanted. Donna asked why there never was a counter-proposal so they would know that there could have been a compromise. Marty said they have been waiting for the Stearns= to come up with a new offer without development.

Lester Arnell, another neighbor, said he objects to that many houses. A few years ago, he said, there was an objection raised about only one house because it would be seen from Mt. Philo, and every one of these would be seen from Mt. Philo. He objects to both phases for both that reason, and the increased traffic.

Al Moraska noted that this is a 77-acre parcel, and our Bylaws allow 5-acre density, so theoretically a total of 15 units would be allowed on this parcel. He is within the Town=s legal limits of what is being proposed in this project. Donna said that was the piece of land that was the best suited to build, and the reason that they clustered the lots is to save as much land as possible.

Martha Perkins agreed that it is better than strewing the houses all over the landscape, but the views there are spectacular, and she hopes there is another way. She asked that the Charlotte Land Trust and the Vermont Land Trust be contacted again to see if there is a possibility of saving the land. Donna said the only way, is if there is enough offered to finish paying off the farm and the house. Rodney said he had given this some thought, and since most of the neighboring houses were visible and close to each other, these new homes would be better placed near them, than scattered back all through the parcel. These would be built close to him, as well.

Russell Cynewski, who lives across the road, said most of the houses in the neighborhood are further off the road. He would have preferred to have the lots larger and separated rather than clustered close to the road.

Linda Hamilton: Because we are trying to hang onto as many farms as we can in Town, could you say a little more about your idea that, even with this much less land to work with, you figure that=s still a viable farm to work with? Rodney: Yes, that=s what we use. That land is fenced in and we use that now for the cows.

Linda said most farmers say they don=t have enough land for the hay that is needed. Rodney agreed, saying that he hays about 400 acres. Linda said this is valuable to know in order to make an Open Space Agreement.

Al noted that there is a wildlife deer crossing on Spear St., but it is located on the east side of the barn, which takes it away from the proposed development.

Jeff suggested that the Planning Commission look at Planner Dean Bloch=s outline of concerns. The first was the septic design, which the applicants have already supplied and have applied to the State for. Jeff pointed out a place on the map, and asked if that was a stream. Rodney said it is Aoverflow from my pond.@ Maps were shown for the details. Jeff said the State regulations are for a 50 ft. setback from the stream, but Charlotte has 100 ft. setback from a stream.

Asked whether it=s a stream, Rodney said he has just mowed the whole area.

Dean said the Town=s consultant would have to look at the septic system design.

The road is proposed at 800 ft. and has to be constructed to specifications, at 20 ft. in width. The specifications are listed in the plans, 18" gravel base with 4" crushed run, 10' lanes with 2' shoulders.

Dean suggested that the applicants draft a roadway agreement for each property owner, and waiver. He said this is a standard document which states that they won=t ask the Town to take over the road. If, for instance they have trouble with one of the lot owners not paying for maintenance, that isn=t the Town=s problem.

Stephen Brooks asked where the roadway agreements are recorded. Gordon Troy said these are part of the approval, and the roadway agreement becomes a covenant that runs with the land by the mere fact that it is a subdivision.

Gordon asked about road specs for State standards, A21 vs. A76. They need 2 inches more of gravel. He asked about the turnarounds for the fire department. There are two accesses and both a turnaround and a Ahammerhead.@

Martha said that Mr. Ritter suggested the present septic system will have twice the requirement, so it is over-designed in anticipation of the additional phase. Rodney disputed that, saying the people drilling the test holes kept finding additional space but he was not planning on using all that space. There is adequate capacity for more, he said, but this one is for Phase I only.

Next was the discussion of the fire pond. Martha said it didn=t look that large, but Donna said it is 9 feet deep.

Jeff McDonald moved to continue this hearing to November 1, 2001 at 8:00 p.m. and have a site visit November 1, 2001 at 3:30 p.m. Martha Perkins seconded the motion and it was approved, 5-0 with two members absent.

Al Moraska asked the applicants to contact the Vermont Land Trust again, to see if something might be worked out.

3. Discussion of Application for Certificate of Public Good for wind turbine by Rick Pollack on Windy Ridge Road: There was a committee of three members of the Planning Commission which was to come back and give a report. Gordon Troy said Al Moraska, Martha Perkins and himself went each independently to visit the site, and what was interesting was that each came back with similar feelings about the project.

Martha Perkins said we have been trying to figure out which is best: to keep things as they are, or to have alternative energy. She said she doesn=t know what the noise factor is going to be. Rick Pollack said she only has to go up on Dorset Street and listen to Blittersdorf=s wind turbine. But Martha said she has spoken to someone who lives near that, who says there is more noise.

Gordon Troy said he has gone up there on two different occasions, and while not going up close to the wind turbine, he did open his car window, turn off the car engine, and could not hear the sound of the wind turbine.

Al Moraska said the issue of the Public Service Board is not the sound, but the visual effect. The Town has a bylaw on telecommunication towers, in Section 9.11. Martha referred to VSA117, Section 4408 of state regulations, which say that town regulations can be followed for structures, which have a height limitation of 35 ft.

Gordon Troy quoted a regulation on Page 31 of the Telecommunications Bylaws, which says,

Antenna structures and windmills my exceed maximum allowable height if approved by the Zoning Board of Adjustment as a Conditional Use in accordance with Chapter 6, Section 6.4 of these regulations.

Given that the property that is being discussed is in the Rural District, the maximum height is 35 feet. This means, Gordon said, that there should be a Conditional Use permit. That is what the Blittersdorf=s did.

Rick Pollack said that when Mr. Blittersdorf first put in his windmill, he did not arrange for Anet metering@ but that he himself did. He added that Mr. Blittersdorf now does have net metering.

Gordon Troy said the Planning Commission=s only jurisdiction with this issue is vistas. The Zoning Board would be the ones to deal with Conditional Use for height.

Martha Perkins read the letter that she proposes to send to the Public Service Board of Vermont. In it the Planning Commission is not asking for a hearing, but does reference town bylaws which would normally require a Conditional Use permit for structures exceeding 35 ft. in height. That would be up to the Zoning Administrator and the Zoning Board to decide, whether or not they want to request the hearing.

Fred Krech said he has sent a letter to the Public Service board for both the sound aspect and the viewshed. He did not mention the sound of the windmills as a point for the Planning Commission, but felt the viewshed was. He asks if that viewshed in the regulations is important. This is listed in Viewshed #2.

Gordon Troy moved that the Planning Commission send a letter as drafted, plus the amendments discussed, to the Public Service Board. Josie Leavitt seconded the motion, and it was approved, 5-0 with two members absent. Dean will make the changes this evening and it will be signed immediately, due to the time constraints.

4. Discussion of Telecommunications Bylaw: Mary Beth Freeman wanted to report, for the Planning Commission=s benefit for the future, that Title 30, which regulates public utilities, Section 248B1, Consideration of Recommendations of the Regional and Town Planning Commissions and legislative bodies, is advisory, but says they should take into consideration other regulations. Martha Perkins asked if, knowing that, the Planning Commission needs to change the letter. It was agreed that they would not. Martha suggested, however, that the Planning Commission needs to consider what to do in case of multiple requests.

Jeff said if the committee wishes to work on that, they can come in with some suggestions for specific changes to bring into the Town Plan work session.

Mary Beth said the Telecommunications Bylaw committee have had some people look at it, and their attorney Gerry Tarrant, and wanted to know if the Planning Commission can look at it as well. There is one big item that is not addressed in the Bylaw that is affected by federal legislation that passed in the fall of 1999, which exempts cellular companies from any future liability and health claims against them. The Warren, Connecticut bylaws added a section on liability in insurance and indemnification so that it would indemnify the Town, in order to protect the Town several years down the road. It is referred to as the 911 Bill.

Mary Beth said they would get a copy of the bylaw.

Jeff asked if the Selectboard needs to review this language, in order to build consensus. Dean advised her to get on the Selectboard=s agenda.

The Planning Commission is having the only hearing on December 6, 2001, Gordon said. He asked how soon a red-line version can be done that can be put up on his web site.

Mary Beth said the only other thing they want to add, is something that Gerry Tarrant reported to them. He is representing a client in Barnard, Vermont who has a windmill, and is now taking the blades down and is putting up an antenna. She said the reason she knows about the windmills, is that incident which made her do some research.

Gordon asked if it is so profitable, that people can make more money with antennas than windmills.

Jeff said he would be bringing information to the work session on the new State septic regulations.

Gordon asked, in looking through the Regional Planning Commission map, the 2001 Regional Plan Facilities Map I, there are 10 telecommunications towers identified for Charlotte. He said he can only find three. Mary Beth said she thinks the Ham Radio operators= antennas were counted.

Gordon asked if the Ham Radio operators= antennas are covered by the town ordinances. The Regional Planning Commission will be called.

Josie Leavitt moved to adjourn and the motion was unanimously approved, at 9:45 p.m.

APPROVED BY THE CHARLOTTE PLANNING COMMISSION ON

Chairman Date

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