TOWN OF RUTLAND
PLANNING COMMISSION MEETING
JANUARY 8, 2009
The meeting opened at 7:00 P.M.
Commission members present: Howard Burgess, Richard Hoenes, Raymond Leonard, Richard Lloyd, William Matteson, Jerry Stearns, Tom Turner and Charles Vajda.
Review of the 12/18/2008 Minutes
Mr. Vajda suggested that the Hubbards’ lawyer’s name, Matt Branchaud, be added under the Dumas lot line adjustment section. Mr. Hoenes motioned to accept the minutes with this change and Mr. Vajda seconded the motion. All were in approval.
Dumas Lot Line Adjustment
Kevin Candon, lawyer for Ed and Rosita Dumas, drafted a deed for them and sent it to the Town Clerk to be recorded along with a mylar. He said that the Clerk had called him and said that she was holding the recording. He said that the Hubbards had recorded a mylar with the same lines two years ago. Mr. Zingale explained that the lines recorded two years ago did not match the deed for the same property. Also, the subdivision depicted for the Hubbard’s had been voided by the Environmental Court.
Mr. Branchaud, the lawyer for the Hubbards, said he wanted to make sure the Hubbards are covered if they want to sell their land. The State of Vermont requires title insurance and to have this you need a boundary agreement between the parties and a lot line adjustment. Ed and Rosita Dumas do not want to sign the agreement since the lot line is with their son, Ed Dumas Jr. and he doesn’t want to sign, either.
Mr. Branchaud suggested that an agreement be drawn up and signed by all parties. This was agreed to by those present.
Mr. Burgess asked if the original deed that does not match the mylar needs to be changed. Mr. Matteson said the new map and boundary line agreement will cover this and be referenced.
Mr. Turner asked if the problem stemmed from a surveying error and was told that it was; a pin was put in the wrong place.
Mr. Hoenes motioned that the lot line adjustment be approved contingent upon a boundary line agreement between Ed and Rosita Dumas Sr., Ed and Shelly Dumas Jr. and Tracy and Nancy Hubbard be filed along with a new mylar within the next 180 days. All were in approval.
Hubbard Sketch Plan Hearing for Subdivision
Mr. Branchaud said that since the Environmental Court had voided the original subdivision, they are coming back to try again. They had thought about a lot line adjustment but since the Town Attorney, Kevin Brown, said he felt it should be a subdivision, they will go that route.
Mr. Hubbard asked Mr. Dumas how he knew that his road had not been finished. Mr. Dumas said that he went to the edge of the property and looked to see. Mr. Hubbard also wanted to clarify that the spring in question is on Mr. Martin’s property.
They are dividing into two lots, not three. There will be two access roads. The surveyor has the subdivision regulations from the Town and is putting in items requested by the Environmental Court. Mr. Turner mentioned that it would be a good idea if the surveyor has a copy of the decision made by the Environmental Court.
The sketch plan submitted was not complete and Attorney Branchaud indicated it is a “work in progress.
Mr. Branchaud requested that Mr. Matteson recuse himself from voting due to a friendship with the Martins. Mr. Turner said that it was appropriate for Mr. Matteson to have input during discussion, however. Mr. Matteson said that last time the Commission voted to allow him to vote but he recused himself anyway.
Mr. Hoenes mentioned the need for a site visit and said the Commission would like a copy of the new map at that time.
Mr. Zingale projected photos of the Green Mountain Shopping Plaza’s proposal to eliminate a STOP sign and disallow left turns off Cop John Drive.
Update to the Town Plan
Tara Kelly from the Rutland Regional Planning Commission was present to discuss the update to the Town Plan.
Mr. Turner told her that the Transportation section had been approved with just a couple of typo changes.
Ms. Kelly pointed out some general categories for the Economic section and asked for thoughts on strengths, weaknesses and opportunities.
The mixer for the Business community planned for January 15th was discussed. Ms. Kelly said that Jamie Stewart from REDC would be willing to help facilitate the discussion.
Mr. Matteson mentioned the idea to meet with Mr. Stewart before the mixer on Monday, January 11th, after the 1:30 P.M. meeting on the Southern corridor. Mr. Burgess, Mr. Hoenes, Mr. Lloyd and Mr. Zingale also plan to attend this meeting with Mr. Stewart.
Ms. Kelly said that Tom Donahue also planned to attend the mixer and that Jim Eckhart had mentioned the meeting on the radio. A reminder of the event will be in Sam’s Good News and the Rutland Herald. Ms. Kelly suggested that Commission members phone people they know on the list she provided to remind them to come.
Mr. Zingale asked Mr. Matteson if he thought the mixer should be recorded and Mr. Matteson said he didn’t think it was necessary.
Food for the event was discussed as well as maps to be hung on the wall. The mission statement will also be displayed to prompt discussion.
Mr. Zingale said he would give Ms. Kelly any e-mails he had received from the public concerning the Town Plan.
Dick Butler, a Town resident, was present to discuss some thoughts he had concerning the Town Plan. He was also invited to the mixer. He said he didn’t see manufacturing spelled out in the vision statement. Mr. Turner said that he felt the word ”industrial” covered this. Mr. Butler also said he felt there should be more biking and walking trails. He has concerns about letting people do whatever they want to their property without thinking about how it affects their neighbors.
Mr. Turner handed out a list of eight changes to the zoning draft that came out of the hearing with the Select Board. He said that the Commission needs to endorse these at the next meeting.
He also distributed copies of a memo given to the Select Board on January 6th with his thoughts on the DRB (Development Review Board) that goes along with zoning. He mentioned a five member board with alternates and one person to be the go between for the DRB and the new five member Commission. He also mentioned “deemed approval” if no action is taken by the Board within 45 days after a DRB hearing is adjourned. He said the Select Board has to decide on compensation and things like fees for permits. A Zoning Administrator also has to be appointed. A copy of Mr. Turner’s notes are attached to these minutes.
Mr. Lloyd motioned to end the meeting. Mr. Leonard seconded the motion. All were in approval. The meeting ended at 9:00 P.M.
William Matteson, Chairman Date