TOWN OF RUTLAND

PLANNING COMMISSION

DRAFT

MINUTES

11-20-14


Meeting open at 7:00 PM


Commissioners Present:


Raymond Leonard, Howard Burgess, William Matteson, Jerry Stearns, Andrew McKane and Dana Peterson


Mr. Matteson moved to accept and approve the November 6, 2014 minutes. Commissioners decided that the Commission will not meet on January 1, 2015 and will meet on January 15, 2015. Mr. Stearns made a second to the minutes. The motion passed unanimously.


Mr. Leonard moved to approved the October 16, 2014 minutes with corrections. Mr. Burgess made a second to the motion. The motion passed unanimously.


Mr. Leonard presented a map to the Commission and explained his plans to deed a portion of his West Proctor Road land to his son. Mr. Leonard presented copies of the Town Property Map showing his land.


Mr. Leonard said he plans to set a new property line from the Maguire's north boundary line straight down to the Clarendon & Pittsford Rail Road right of way. He said it would line up with his son's back property line. Mr. Leonard said he would retain the remainder of his land.


Mr. Zingale told Commissioners that Mr. Leonard would need a waiver from the requirement to do a full property survey in order to subdivide his property. Mr. Zingale said that according to Mr. Leonard his surveyor said he would not place the proposed property line on a map unless he did a full survey.


Mr. Matteson said the Commission can't grant a waiver to something that is not happening. Mr. Matteson said Mr. Leonard does not have to shoot the new line until after the Commission has begun the subdivision process. Mr. Leonard said the person he hired does not want to do subdivision work in Rutland Town.


Mr. Leonard all of his property has property markers except for the new property line he wants to create. Mr. Matteson said there must be a survey for the property. Mr. Burgess asked if Mr. Leonard would file a property description or a new deed for the proposed subdivision.


Mr. Matteson said Mr. Leonard is technically not creating a new parcel rather he said Mr. Leonard is adjusting his lot line. Mr. Matteson said a surveyor would determine how much land is in each parcel.


Mr. Leonard and the Commission discussed the matter further and took no action. Mr. Matteson moved to table the matter until Mr. Leonard has more information. Mr. Stearns made a second to the motion. The motion passed by a vote of 5 to 0. Mr. Leonard abstained from the vote.




Commissioners received correspondence regarding Act 250 review of the proposed Rutland Commons development under criterion 9 (L). Mr. Zingale told Commissioners that District Environmental Coordinator Mr. William Burke made the determination that the previously permitted Act 250 project needs to be reviewed under a new criterion.


He said initially the project developers said they would submit to the review but have now changed their position and feel they should not to submit to additional Act 250 review. Mr. Matteson said the State of Vermont wants to kill the project.

Mr. Matteson asked if the Town Attorney is involved in the matter. Mr. Zingale said the Town attorney has not been involved in the 9 (L) review matter. Mr. Matteson said he planned to attend the 9 (L) Act 250 review.


Mr. Burgess cited the fact that the 9 (L) Act 250 review will consider sidewalks, paths and crosswalks providing access to and from the proposed Rutland Commons development. Mr. Burgess said the review will consider how people would get from the Diamond Run Mall to the new development.


Mr. Matteson said most people who go to BJ's or Costco's don't walk. Mr. Zingale cited the fact there is no connectivity between the proposed development and the Diamond Run Mall and that the proposed sidewalk does not connect to the existing sidewalk on U.S. RT 7.


Mr. Zingale said the proposed Commons project would be a great opportunity to begin to implement "Complete Streets" requirements. Mr. Matteson said he thinks the State is trying to kill the project, period.


Mr. Peterson said that pages 4 to 6 address what constitutes a strip development. The matter was discussed further and decided to respond at a future meeting.


Mr. Peterson questioned Mr. Zingale regarding an article he gave Commissioners regarding solar power. Mr. Zingale said he found the article on the internet and thought it would be of interest.


Mr. Burgess cited several Land Use Map errors which he said should be corrected.


  1. Extend Fire District # 1 Parcel to East Proctor Road.

  2. Extend Fire District # 1 Parcel to adjacent to Evergreen Cemetery.

  3. Extend the municipal district to the School's parcel next to the City reservoir.



Mr. Zingale suggested the Commission consider changing all land designated

"Commercial / Industrial, which is in a Flood Hazard Area, to "Conservation".


Mr. Zingale will make maps of all of the land designated as "Commercial / Industrial, which is in a Flood Hazard Area, for consideration at the next meeting.


Mr. Matteson move to adjourn the meeting at 8:04 P.M. Mr. Leonard made a second to the motion. The motion passed unanimously.


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Andrew McKane, Chairman






















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Andrew McKane, Chairman