Members Present: Chair Jeff McDonald

Al Moraska

Jim Donovan

Gordon Troy

Gene Diou

Josie Leavitt

Members Absent: Dave Brown

Officials Present: Dean Bloch

Public Present: Jonathan Fisher Eleanor Russell

Chair Jeff McDonald called the meeting to order at 7:07 p.m.

APPROVAL OF AGENDA

Mr. McDonald asked for any changes to the consent agenda and regular agenda. Mr. Troy suggested adding a discussion regarding affordable housing. Everyone agreed. The consent item for this meeting is the Town Plan for the Annual Report. Mr. Bloch reported that it had been emailed to everyone. Mr. Moraska commented that it was excellent. Mr. Troy said that in the paragraph discussing the updated land use regulations, he thinks that it should go one step further to implement provisions in the Town Plan.

PUBLIC COMMENT

There was no public comment.

MINUTES

The members deliberated over the minutes of the meetings of November 7, 2002, November 21, 2002 and December 5, 2002. After discussion and deliberation, Ms. Leavitt moved to accept the minutes of all three meetings with the changes as discussed. Mr. Troy seconded. All were in favor and the minutes were approved.

Affordable Housing. Mr. Troy suggested that the PC obtain numbers from the lister’s office which would substantiate the base numbers in the 1991 report. Mr. McDonald suggested discussing this issue with the Affordable Housing Committee, but not to advance it to the Select Board without further discussion. Mr. Troy agreed and directed Mr. Bloch to forward his email on this subject to the Affordable Housing Committee.

WILLIAM KELLNER and JOANNE WOLFE, LAWRENCE AND LINDA HAMILTON, MARK FRANCESCHETTI and KATHLEEN FLEMING: SUBDIVISION MODIFICATION TO ADJUST LOT LINES. PROPERTY LOCATED ON BITTERSWEET LANE IN THE RURAL DISTRICT.

Mr. Kellner presented a mylar to the PC. Mr. Diou made a motion to approve the subdivision modification. Ms. Leavitt seconded the motion. Mr. Kellner said that January 2, 2003 is acceptable to him for a written decision on this matter. All were in favor and the motion was approved.

NORMAN BEAN, AND VICKI AND SAMUEL MARTIN: BOUNDARY ADJUSTMENT. PROPERTY LOCATED ON HINESBURG ROAD IN THE RURAL DISTRICT.

Diane Johnson addressed the PC on behalf of her father, Norman Bean, who was out of town. The land has not been surveyed completely. Mr. McDonald asked if the pins were set and Ms. Martin said that they were. Mr. McDonald said that pins should be set before the mylar is recorded. Mr. Troy asked about the time frame. Ms. Johnson said that the farm is up for sale currently. Mr. Hinsdale asked Mr. Bloch if he had checked the current survey against the previously recorded one. Mr. Bloch replied that sometimes he does but not in this case. Mr. McDonald asked for questions from the public. Mr. Hinsdale asked if he could be assured that the survey would be checked. Mr. Bloch said yes. Mr. Troy said that, if there were no more comments, he would make a motion to close this application and have Mr. Bloch draft a decision incorporating the issues discussed. Ms. Leavitt seconded the motion. All were in favor and the motion was unanimously approved.

RODNEY AND DONNA STEARNS: RECONSIDERATION OF THE FINAL PLAT DECISION. PROPERTY LOCATED ON SPEAR STREET EXTENSION IN THE RURAL DISRICT.

Donna and Rodney Stearns addressed the PC. Donna Stearns showed the 30-foot setback requested by the PC on a map and where the building envelope was. Mr. Moraska asked if the open space extended to Spear Street and Donna Stearns said yes. Mr. Troy asked about the sewage. Donna Stearns said that there is enough septic capacity for two dwellings. It was noted that 31.5 acres are committed out of 70.69 acres. Mr. Hinsdale asked if there was a plan for the uncommitted acres. Ms. Stearns said no; they are uncommitted.

Item 2b – open area expansion. Waste water disposal is south of the open space area. There was a condition that extended the open space area to the property line, Mr. Bloch said. Mr. Troy said that it is already a “no building” zone, because it is only for septic capacity. Mr. Donovan suggested leaving the line and getting more open space. Mr. Troy said that it could be designated as a possible future disposal site and label it as such so as not to have it reconfigured. Mr. Donovan suggested removing the “take back to property line” condition. Linda Hamilton read a letter from the Charlotte Conservation Committee (CCC) and Lewis Creek Association and requested that it be put into the record. (copy attached) Mr. Troy asked if it was a red-line version of a version the PC was looking into with the Stearns before. Marty said that the CCC has a red-lined version. Mr. Troy said that he would like to have both so he could do a comparison and Marty agreed. She said that the CCC is asking for a more effective open space agreement than they usually do because the decision didn’t consider resources and the PC didn’t delineate resources to be protected. Mr. McDonald asked if the Town attorney has rewritten the open space agreement yet and Marty said no. Ms. Stearns asked what the open space agreement was and asked the CCC what they wanted the Stearns to do besides not build there. Marty answered by saying that a careful delineation of natural resources on the land was needed as well as long-term monitoring. Mr. McDonald said that the boilerplate open space agreement needs to be changed because this issue is broader than just the Stearns subdivision. Marty said that it is geared specifically for this application but can be used in future applications and said that the main issue is perpetuity.

Item 11. Mr. Diou said that the Boffa proposal referenced that they were tentatively discussing issuing that lot to access roads. Ms. Stearns said no. Mr. Donovan asked if there was an easement to the two lots and Mr. Bloch said that there would be an amendment for that purpose. That condition might change and the PC will accept a statement that the road is where it is.

Item 9. – hedgerow and trees. Mr. Hindsale asked about wells and the right to farm. He asked the PC if it was going to spot well locations? Mr. McDonald said no. Mr. Hinsdale said that he wouldn’t want to encumber other peoples’ properties depending where the well gets put. He asked if there was going to be a right to farm covenant and Ms. Stearns said that it has to say a farm but they have no language yet.

Item 15. Lot issue. Mr. Donovan asked for the Stearns’ preference and Ms. Stearns said that they would like to leave it like it is and amend what, at the end of five years, to say have to give it to them anyway. In the covenants they have no right to a roadway. It is an easement. The 60-foot right of way goes to the association. Mr. Troy suggested changing lot lines and the center of the road. Ms. Stearns said that they can do that. It doesn’t affect open space acreage. Mr. Hinsdale said to keep the agricultural easement if you do that and Ms. Stearns agreed. Mr. Troy directed the Stearns to add a right-of-way to service the adjacent property and that a floating easement is needed for the other two parcels. Ms. Hamilton asked if the conditions of an easement can be renegotiated. Mr. Troy said yes, but it requires all landowners. Marty said that, upon looking at the wetlands, the CCC noted Lots 2 and 6 as large issues.

Item 19. Mr. Donovan asked the Stearns what their preference was leave it the way it is and change wording or go to the center of the lot? Mr. Troy asked what advice they received from counsel. He said they could leave it open on this one issue. Ms. Hamilton said that the open space agreement issue needs consideration. Mr. Troy said that he would like to look at the original and corrected versions. Marty said that the CCC is asking for reconsideration of the line for the open space area. Mr. Donovan said that this area is already protected under the Town’s laws. Mr. Hinsdale said that it is also covered under accepted agricultural practices. Marty asked if there were others in agricultural areas.

Sylvia Sprigg said that these issues have been dealt with. She further stated that the PC did examine this much more closely early on and it seems as though these things are being presented at the 11^th hour for this project. Maybe that’s something that needs to be reviewed as a new improved different open land agreement for the future, she suggested. But it seems to be last minute effort to change something that has gone through an extreme amount of scrutiny, she said. Marty said that she doesn’t feel as though the CCC were scrutinizing. These have been issues in the minutes and it is not new information, she said. Mr. Troy made a motion to extend the hearing for the limited purpose of getting an answer back from the Stearns on the issues of 1) roadway; and 2) anything that is new in connection with open space issues raised by the CCC. Mr. Donovan seconded the motion. All were in favor and the motion was unanimously approved.

JACK AND JOYCE WALLACE, APPLICANT; FELICIA H. GECEWICZ TRUST, PROPERTY OWNER: CONTINUATION OF SKETCH PLAN REVIEW FOR 9-LOT SUBDIVISION LOCATED ON SPEAR STREET AND SPEAR GERVIA ROAD IN THE RURAL AND CONSERVATION DISTRICTS.

Mr. Donovan showed on Mr. Wallace’s map where the wetland conservation was. He suggested that the wetlands system become part of open space. Mr. Moraska said that, at the site visit, they talked about putting some of the lots together to clear more open wildlife corridor. Mr. Donovan said that the PC needs to balance agriculture, wildlife and scenic. Mr. Wallace said that there are some prime soils. Mr. Troy asked if they had shorter driveways. Ms. Hamilton showed a colored ortho map.

Linda Hamilton asked Mr. Moraska where the deer yards were and he showed where he thought they were on the map. Mr. McDonald suggested classifying this matter as a major subdivision. Mr. Hinsdale asked Mr. Wallace if he had a master plan with the 78 acres and Mr. Wallace said that this was it. Mr. Donovan said he had the following recommendations:

1. make a lot small as possible

2. maintain a wide corridor lot

3. shorten the buffer to the land 100 feet or less

4. right to farm covenant

5. need permanent open space through CCC to make sure the main corridor is protected.

Linda Hamilton said it is a dilemma (trade off ag land or forest). She said that they need to do a field delineation of the ridge of the significant wetland area. Mr. Troy suggested that they come back after field delineation. She said that they will keep what is farming as farming. Mr. Moraska noted there are VAS trails there as well. Ms. Hamilton suggested that a habitat management plan would be a good idea (approx. cost $250).

Mr. Hinsdale asked where the septic soils were and they were showed to him on the map.

Mr. Troy said that, since this has already been classified, that the PC prepare a letter based on all comments, circulate it and invite the applicant to come back before they have a warned hearing to make sure that all are on target. Mr. Wallace said he will do the field work. Mr. Brooks suggested to Mr. Wallace to come back with another sketch plan and noted that the PC is making a supportive gesture. Mr. Wallace asked about a second site visit and Mr. Donovan said that they don’t always do a second site visit The answer was no and Mr. McDonald said that there will be two hearings that will be warned. He asked the location of the wells to which Mr. Wallace said he will have to locate them. There are 9 lots (7 build able, 1 open space and 1 residual of which there is going to be an overlay on a portion of it). Mr. Wallace said that per the Champlain Valley Co-Housing (CVCH) project, the issue was brought up by the Charlotte Volunteer Fire Department (CVFD), that they be included early on in projects. Mr. McDonald responded by saying that the PC requests that applicants get feedback from the CVFD, the CCC, as well as the road commissioner. There was a brief discussion on the 1500-foot requirement for a hydrant to be from a house.

After further discussion on this issue, it was decided that the PC would prepare a letter based on all of the comments, circulate it and invite the applicants to return before the warned hearing.

Mr. McDonald asked about the RFP and Mr. Bloch said that the Town has received 7-8 requests from consultants to have the RFP mailed to them and this has been done.

Mr. Troy made a motion to adjourn. Mr. Moraska seconded. All were in favor and the meeting adjourned at 9:35 p.m.

Respectfully submitted,

Kim Johnson