TOWN OF RUTLAND

PLANNING COMMISSION

MINUTES

12-19-13



Meeting open at 7:00 PM



Commissioners Present:

Howard Burgess, William Matteson, Charles Vajda, Jerry Stearns, Andrew McKane and Raymond Leonard



Mr. Matteson briefed the Commissioners regarding the CFC RE, LLC (formerly Carris Reels) final two lot subdivision. Attorney Mr. Paul Donalson, representing CFC RE, LLC explained that for the past 30 years or so the Rutland Plywood's lumber yard has been on CFC RE, LLC property.

Mr. Donalson pointed out on the map the parcel CFC RE, LLC will keep and which parcel will be sold to the former Rutland Plywood, now the Moriah Group. He said the Moriah Group will be getting 5.07 acres and CFC RE, LLC is keeping 3.5 acres.

Mr. Mckane made a motion to approve the two lot subdivision as proposed. Mr. Vajda made a second to the motion. The motion passed unanimously.

Mr. Matteson said the Commission will review the 12-5-13 meeting minutes at the next meeting.

Town resident Mr. Peter Yankowski met with Commissioners, passed out information and made the following remarks:

Mr. David Fucci, who is with “Vermonters for Responsible Solar”, told the Commissioners that he does not think the Town's Solar Siting Standards are that tough. He cited the fact that at his initial meeting with Mr. Steve Reman, that Mr. Reman said they would keep the solar field at least 100 feet from the road. He said Mr. Reman did not deny the statement at a previous meeting. Mr. Fucci questioned why the Town would propose a 75 foot setback.

Mr. Fucci submitted a petition with over 400 signatures from people that say that site is the wrong site for a farm of that magnitude. Mr. Fucci said almost 4000 visitors have been to Vermonters for Responsible Solar's web site.

Mr. Matteson cited the revised and original document sent to Commissioners. He said Mr. Zingale prepared the revised document for the Commissioner to compare to the original document.

Mr. McKane said he had reviewed the documents. Referring to the first page of the revised document, he said it is all good down to the last paragraph. He suggested deleting the last paragraph. He said there could be a period after the word “locations” and scrub the rest. He said he does not think it is applicable.

Mr. Burgess suggested putting a “comma” after the word “location” and then putting in something like “ will achieve responsible contribution of renewable energy in the Town of Rutland. Mr. Burgess agreed with Mr. McKane that the last sentience should be deleted.

As to Mr. Burgess' suggestion, Mr. McKane said he thinks it is covered in the previous paragraph. Mr. Burgess agreed and Mr. Matteson said Mr. McKane's language is simpler. The Commissioners went with Mr. McKane's suggestion.

Mr. Burgess suggested grammar corrections to the first paragraph on page two as well as other grammar suggestions. Mr. Burgess suggested additional changes on page four. Commissioners agreed to the suggestions. Mr. Stearns said Mr. Burgess' suggestions could stay or be deleted. He said the wording is redundant. The Commissioners decided to leave the language as it is.

Mr. McKane cited the section on page four regarding “Renewable Energy setback distances from property lines” and said the words “aesthetic impacts” should be removed. He said the Commission would set specific setbacks and that the standards should not say the setback “may” be increase for “aesthetic impacts” reasons. He said what is written just opens a can of worms.

Mr. McKane said he would like to delete the whole paragraph. Mr. McKane questioned how an “aesthetic impact” is defined. Mr. Burgess said the language leave the door open if something should come along. Mr. Stearns said he agrees with Mr. Burgess that if the wording is taken out it would take away the Town's ability to say anything different. Mr. Stearns said it would be nice to have the flexibility.

Mr. McKane said if someone can define aesthetic impact maybe he wouldn't have a problem with the wording. He said as it is now he has a problem with the wording.

Mr. Zingale said under Mr. McKane's scenario all setbacks would be cookie cutter or the same. He said there are going to be situations when the Town wants to go beyond the standard setback. He said that’s why he used the word “may” and specifically called out “aesthetics”. Mr. McKane said it is a judgment call and that if he is over ruled that is fine.

The Commissioners decided to leave the language as it is. Commissioners discussed possible changes to page five and made no changes. Mr. McKane said the lighting section is fine.

Commissioners made additional grammar corrections as well as language changes. Mr. Zingale will make the updates and mail copies to Commissioners. Mr. Matteson and Mr. Stearns said the Standards should be sent to the Select Board for their December 30th meeting.

Town Selectman Mr. Don Chioffi thanked and commended Planning Commission members for their work on the Solar facility Siting Standards.

Mr. McKane moved to adjourn the meeting at 8:50 P.M. Mr. Stearns made a second to the motion. The motion passed unanimously.


















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