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September 22, 2015

Rutland Planning Board
                                      September 22, 2015

Present: Norman Anderson, Dick Williams, Marilyn Sidoti, Addison Redfield

Excused: Tim Nahrwold  

Guests:  George Lussier, Mark Elbag, Dave Lussier, Cliff Hunt, Jim Bleiler, Julian Votruba, James and Tom Meagher

Review minutes of 9/8/15.
Addison motioned to accept the minutes as corrected, Marilyn amended the motion  to remove #5 “The town accepted the village way (district) before this”, Dick 2nd,  all in favor.
Public hearing minutes of 9/8 (Lussier Enterprises, LLC Storage facility on Barre Paxton Road) to be reviewed on 10/13/15.

Letter from Army Corps of Engineers pertaining to “no” historic impact on the Rufus Putnam House:  Chairman received this letter which was briefly referenced at the last meeting: Addision has a copy.  Marilyn and Dick would like a copy and Susan as well to file electronically.  
Dick stated that he took a copy of the letter showing the plot plan (it’s split and the dotted line is there because of the pumping station).  Dick believes the pumping station is underground in the ejection system.  Carlson’s Way was referenced.  Discussion ensued.

Phone calls received:

  • Jay Finlay regarding questions he has on driveways and estate bylaw
  • Jackie (left no last name) regarding 62 Emerald Road estate lot notice she received.  She wanted to know why the group home was not mentioned.  Discussion ensued.  Chairman Anderson stated that he spoke with her at length.  He will talk to Will, Building Inspector.  
Of note:  The Planning Board By-law Sub-committee will be starting up again soon.  Discussion ensued.    Addison suggested petition to Town Administrator.

  • Kirsten Brown asking if the zoning bylaw is on line.  Susan will phone her to let her know that it is not however she can purchase a copy from the Town Clerk.

  • Cheryl (left no last name) needs information on zoning of business in town and town center Section #2.  Susan will refer to the Town Clerk to purchase a copy.
  • Joe (left no last name) re: Brice Lemon Project asking if it has been approved?
Discussion ensued as to which one he might be referring to.
It has been approved by the town only; other approvals by other state agencies are still pending.  Susan will call him.

Meeting recessed for public hearing on Estate Lot on Emerald Road (Mr. James Meagher):  Attorneys Meloche and Meloche letter (9/16/15) pertaining to the 4 lots on Emerald Road property was referenced prior to public hearing.

Meeting reconvened at 7:11pm.

Tim moved to issue a special permit on lot #3 located on Emerald Road of James and Betty Meagher, Addison 2nd, all in favor.
There is a 21 day appeal for special permit.  Julian will pick permit up in 21 days.  Chairman stated that it will take a couple of days to come up with special permit verbiage.  Julian will pick it up and sign it when it is ready.
He will return on 10/27/15 at 6:45pm.  

Storage facility Barre Paxton Road Lussier Enterprises, LLC:
Email from Fire Chief, Brad Webber was referenced.   He would like an island at the entrance removed to allow ladder truck.  Board discussed if this is necessary.

Mr. Lussier was informed that his public hearing continuation for tonight was inadvertently omitted from the agenda therefore it could not be be held this evening.
He agreed to return for the public hearing continuation on 10/13/15 at 7:00pm.
Discussion ensued and no voting will occur this evening.
Quinn report on 9/22/15 was referenced.
Mr. Elbag stated that the plans were revised Monday morning.  All issues are resolved on the plan.
Only 2 comments: No resolved typos, #3 will not be resolved as gravel driveway is not considered impervious.  It is not needed by Stormwater Management standards unless the Board disagrees.  Dick and members are okay with 6 inches of gravel.  
Tim would like to see Quinn’s response to Mr. Elbag.  Members agreed.
#16 – labeling on proposed culvert invert elevations including inlet and outlets from the chambers on plan has been taken care of.
#20 – scour protection is recommended at the end of the culvert below the proposed driveway.  Mr. Elbag stated this has been taken care of.
#23 – Resolved – The basin maintenance requirements have been provided.
Discussion ensued.  Members will vote at the next meeting.
Continued 10/13/15 at 7:00pm
Chairman couldn’t promise but stated that he would try to complete the certificate of action as soon as possible.

Mr. Cliff Hunt and Jim Bleiler (son) are here this evening to research whether it is feasible for  his son to build a house in back of the property using the right of way connected to the property.  He would like to do an estate lot or could use the 50 foot wide entrance off of Main Street.  He would come through the Paddock’s property which would then be single driveway. This might be the easier route.  Discussion ensued.  

Solar Committee telephone conference call with Mrs. Greenblatt, Solar Consultant:
Chairman stated that the town has received a grant to help the town to see what we want to do with Solar.  Mrs. Greenblatt has a lot of experience and went through the basics of the Solar Regulations.  The grant would expire in one year.

Sanitarium property:  
Dick stated that property has a conservation restriction (CR) on it.  The CR would need to be changed if it is turned into a field (solar field would be okay as well).
Discussion ensued.  Third phase ends after Randy’s farm.  The committee is in the beginning stages.  Our other choice is to not build and to purchase from another project.

Annual Report FY2015:
Susan prepared the annual report which was reviewed and tweaked by the Board.
She will add revisions and submit to Jackie.  

Bear Hill I and II:
Quinn reports (2) dated September 14, 2015 was read.

Bear Hill II: Driveway on Arrowhead Way is to be constructed in order to provide access to the existing houses within the subdivision.  Frontage is on Clealand Circle.
Summary of visual observations were discussed.
Tim stated that lot count change is a major revision to the plan.  Is there a building permit for Bear Hill I and II?  Tim needs to speak with Billy?  The release of covenant was only for 2 lots.
Bear Hill I: No road has been accepted.  Dick stated that a house is being built.  The Board released the covenant on 2 lots only.  No other houses can be built until there is a secondary access out to Brintnal.
Chairman Anderson was there today.   Sidewalks are being put in and a floor that has been put down on the first floor.  The bridge was referenced.
Mr. Blair needs to come to a meeting to resolve this.
Chairman will write a letter to Mr. Blair asking him to come to a Planning Board meeting to discuss the Quinn Report of 9/14/15.  A house should not be built until there has been a release of covenant.  He needs to explain to the Board why a house is being developed out of the covenant.  

Tim will ask Will if he issued a building permit for Bear Hill I and II.

Citizen Planner Fall Training: 10/14, 10/29 and 11/5.
Meloche and Meloche correspondence regarding property on Emerald Road (Mr. James Meagher’s land). Susan was asked to send a letter to the Board of Selectmen stating that they do not recommend the town option to purchase the property.  

Junkyard on Route 68 discussion:
Dick stated that no clean up has been done.  The tenant has been digging within 100 feet of the wetlands (filling it back in).  Tenant is calling this a recycling project.  He does not own the property.  Dick spoke with town counsel who feels that a case on this would not win in court.  The Board of Health is trying to go after him.  Randy Mazurik was on a town road (not on the property) when he was chased away.  
Planning Board cannot take action on this.

Tabled to next meeting: Lapsing of various development projects in town.
Addison stated that the Board needs to have a policy where 3-4 months before any date of any given development lapsing, the applicant would need to be notified and they would need to ask for an extension.

There being no further business Tim moved to adjourn at 9:15am, Dick 2nd all in favor.


By-law Subcommittee:
Marilyn stated that she emailed Anita.  All by-laws have been approved.
Dick thought a tracking system would be a good idea.
Dog by-law was reduced from a 5 page to a 1 page document.  Others were technicalities.
Margaret Nartowitz (Town Administrator) has a list of the by-laws and is compiling them for the sub-committee to look at.
Susan would like a copy to track for the Board.

                                                Respectfully submitted,

                                                Susan Duchame


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