Gate and Drain shorted on PCB

[n0npr0phet]

I got three boards. I soldered up one, inserted an ATTINY85, mounted it on UNO and I could connect but the LED would go out after a few and it would say check fuse. I was worried that I might have bridged the FET so I grabbed a fresh un-soldered board and checked the FET pads and Gate and drain are shorted. I don't see that on the schematic. I checked the second un-soldered board and it is also shorted gate and drain.

I am going to breadboard it and see if I can get the code to run and debug to work but curious if I got a bad batch of boards or schematic is wrong or I am just doing something stupid. :)

Breadboarding and I see that the cap has incorrect polarity on the schematic. Is that correct?