TOWN OF RUTLAND
PLANNING
COMMISSION MEETING
May 27,
2010
MINUTES:
The meeting opened at 7:00 P.M.
Commission members present:
Howard Burgess, Tony Flory, Ray Leonard, Andy McKane, Jerry Stearns, Tom
Turner and Charles Vajda.
Review of the 5/20/2010
minutes was postponed until the next meeting.
Andrew McKane led the
meeting as the Vice Chairman in Bill Matteson’s absence. He read the warning for the hearing and
listed the requested waivers, which were #18 (Location of trees), #19 (covers
#9-#18 in regards to abutting lands) and #20 (requires contours shown on the
map every five feet). To satisfy an
abutter who was present, Mr. McKane read items #9-#18 aloud. There were many abutters present who had
questions.
Mr. Zingale said that
Margaret Smith was left off the list of abutters in error but this does not
affect the proceedings. There are
thirty abutters in all.
The Commission reviewed the
plot plan while Atty. Kevin Candon listed items that were added or fixed. These included correcting names of abutters,
adding a permanent easement, a storm water prevention plan and a traffic
pattern/policy statement provided by the Department of the Army. This policy refers to military vehicles and
civilian traffic. Mr. Burgess said that
he felt the statement referring to soldiers traveling on Post Road to the
facility should be removed and that they should be allowed to travel that route
for convenience, especially in light of what they are doing for our
country. He agreed that the part of the
policy, which covers heavy equipment, should stay. Heavy equipment should only access the facility via Route 7 to
Post Road, a shorter distance to travel on Post Road than from Route 4 E.
Mr. Turner said that he
agreed with the SOP as written, even though it is not binding. It is just an encouragement to keep children
safer during weekend functions and to lessen the wear and tear on Post Road.
Jay Stevens of the 99th
command, which will be in charge of the upkeep and maintenance of the new
facility said that the military vehicles would follow the SOP but that a “No
Through Traffic” sign could be put up to help with other traffic.
A couple of Town residents
asked questions about the traffic to clarify what was being discussed.
Diane Dickerman, an abutter,
asked about noise and light issues.
Mr. Zingale said that noise
and light are not part of the subdivision process since the Town does not have
zoning.
Atty. Candon said that the
building is almost hidden as it is in the middle of the hundred-acre lot.
Jennifer Howe, one of the
engineers present said that they use energy efficient light that don’t shine
off-site but are directed down.
Charlie Dickerman questioned
the 100’ setback waiver. Mr. Zingale
explained that this involves sewer and wells but in this case the facility will
use City water and sewer.
Another resident was
concerned about abutting wells and waterways when blasting is done. He wanted to know who would be responsible
if something happened to his well. Ms.
Howe responded that there is some ledge near the entrance road but it is not
significant and blasting would be under control.
Mr. Turner asked if any
blasting would be done close to any wells and the answer from the engineers was
no and that they only have to blast down about ten feet.
Atty. Candon said that the
chances of damage are very minimal.
Another resident said that
the blasting company would do pre-blast testing to ensure that no harm will
come to wells or waterways.
Mr. McKane said that this
discussion was out of the realm of the subdivision procedures.
Mr. Turner added that the
project will go before Act 250 and Mr. Zingale said only the Thomas portion
will go before Act 250 since the government is exempt from the Act 250 permit
process.
(2)
A Town resident, Ms. Smith,
asked about wetlands and storm water runoff.
Ms. Howe said that the EPA monitors this and there is one small wetland
on the Army portion of the subdivision.
They will have to get a storm water permit from the State of Vermont.
Kevin Candon added that the
Army did not really have to go through the process of talking to abutters, but
they wanted to be up front about what was going to happen.
Another resident asked about
weapon discharge. Jay Stevens said
there will be no firing proposed. It is
strictly an administrative training facility.
They will also do maintenance of equipment. There may be some exercise routines with some shouting of
commands, but nothing any louder.
Weekend events take place three weekends a month.
Another resident wanted an
explanation for the waiver of #19. He
was told that this would require the plot plan to show one hundred feet over
all abutters’ properties and since there will be nothing within one hundred
feet of abutters, then this is not necessary.
A question was asked about
future subdivisions. He was told that
if there were to be any, then they would have to go through the subdivision
process and subject to Act 250.
Dennis Wilbur asked that there
be a tree line so he can’t see the facility.
One of the engineers said some trees would be left and a few more would
be added. Another resident said he
didn’t want to see the building either.
Ms. Smith asked if people
could see a plot plan and was told there would be one available at the Town
office.
Mr. Turner explained that
the road going into the new facility may or may not be taken over by the
Town. He added that neither the Army
nor Reserves would have to pay any taxes to the Town. He said that the
permanent easement for access to Parcel 3 from Parcel 2 should be made clearer
on the map as otherwise Parcel 3 would be landlocked. It was suggested that the explanation be put with the other
easement notes. Mr. Candon said that it
is on the deed. Mr. Turner asked Mr.
Thomas to guarantee that the easement is agreeable to him and will be added to
the map. Mr. Thomas said that he is
agreeable and it would be added to the notes on the map.
Mr. Turner said that the map
should have a block provided for the stamp from the Planning Commission and the
Chairman’s signature.
(3)
After asking if there were
any more questions, Mr. McKane closed the hearing at 8:15 P.M.
Mr. Burgess made a motion to
strike the requirement on the SOP form the Army so that military personnel
could travel on Post Road in their own vehicles. Mr. Flory seconded the motion.
Six were in approval with Mr. Turner voting against the motion.
Mr. Leonard motioned to
approve the subdivision with the conditions of adding permanent easement notes
for access from Parcel 2 to Parcel 3 and a block for the stamp and signature of
the chairman to the plot plan. Mr.
Flory seconded the motion. The motion
passed unanimously.
Mr. Zingale reported that
there was a two-lot subdivision on Blueberry Lane in Pittsford and Rutland Town
was not notified. The Zoning Board in
Pittsford deemed the subdivision invalid.
Now there is a proposed five-lot subdivision and the Town has not been
notified. Officials in Pittsford said
they only have to notify abutters in their own town. Mr. Zingale believes this to be incorrect. Mr. McKane suggested sending a letter saying
the Rutland Town Planning Commission disagrees with their position and Mr.
Turner agreed. Mr. Matteson can sign
the letter at the next meeting.
Mr. Flory motioned to end
the meeting. Mr. Leonard seconded the
motion. All were in approval. The
meeting ended at 8:26 P.M.
_________________________________ ________________
Andrew McKane, Vice-Chairman Date
(4)