CHARLOTTE PLANNING COMMISSION
THURSDAY, DECEMBER 18, 2003
6:00 PM
Charlotte Town Hall – 159
Ferry Road
Members
Present:
Jim
Donovan
Al
Moraska
Robin
Pierce
Linda
Radimer
Gordon
Troy
Staff Present:
Dean
Bloch
Others
Present:
Kate
Lampton
Allan
Jordan
Clark
Hinsdale, III
David
Miskell
George
Reynolds
Liam
Murphy
Christopher
Boffa
Chair
McDonald called the meeting to order at 6:20 p.m.
APPROVE CONSENT AGENDA AND
REGULAR AGENDA
CONSENT AGENDA: SKETCH PLAN LETTER FOR CHARLES STEARNS
Mr.
McDonald asked for comments. There were
none.
Mr.
McDonald asked for comments. There were
none.
CHRISTOPHER BOFFA: CONTINUATION OF SUBDIVISION AMENDMENT TO
CREATE NEW ACCESS AND RIGHT-OF-WAY.
PROPERTY LOCATED ON MOUNT PHILO ROAD IN THE RURAL DISTRICT
Mr.
Donovan said that from a Planning Commission point of view, this application
should not be allowed this and the applicant should be advised to use the
existing driveway, but emphasized that on a personal level, he sympathizes with
Mr. Boffa’s situation.
Mr.
McDonald asked for site visit comments.
Mr. Pierce said he doesn’t see the rationale for the new curb cut and
says that the existing one is fine. Mr.
Moraska said it is a safety issue and that is why Mr. Boffa wants a new curb
cut. He is willing to go with the
proposal that Mr. Boffa presented to the PC (a second curb cut). Ms. Radimer mentioned planting a thick
hedgerow on the north side to modify the safety concerns because it would
create a buffer. Mr. Boffa said that
it would be difficult to effectively do that.
To place that driveway safely to the hedgerow you start getting closer
to the house. Mr. McDonald asked Mr.
Boffa about Act 250 jurisdiction. Why
should the PC modify this subdivision because of Act 250, he inquired. Mr. Donovan said Mr. Boffa was a
co-applicant with Stearns. Mr. McDonald
said it is a Town issue. Mr. Bloch said
it doesn’t trigger Stearns into Act 250.
Mr. Troy said it would still have to be an applicant for use of roadway
access and the whole procedure to do the subdivision relied on that
ability. The Town discourages more than
one curb cut.
Mr.
Boffa said he is confused that the issue Act 250 approval was being brought
back into the picture. Mr. Troy said
the jurisdiction of Act 250 is that as long as you keep it under ten acres
within a 5-years period you don’t trigger Act 250 jurisdiction.
The
issue is the ability to use the access roadway to service two additional roads
that he is trying to subdivide which the PC approved. Mr. Troy said he would try to figure out ways to make things work
better. He has a problem with a large
roadway servicing a number of lots. He
suggested the PC leave this matter open and not decide right away.
Mr.
Donovan agrees with leaving the hearing open until this issue can be
resolved. Mr. Donovan moved to continue
this hearing until January 8, 2004. Ms.
Radimer seconded the motion. There
was no discussion. All were in favor and the motion
was unanimously PASSED.
DELIBERATION AND REVIEW OF WRITTEN DECISIONS: