TOWN OF RUTLAND
PLANNING COMMISSION MEETING
MAY 7, 2009
The meeting opened at 7:00 P.M.
Commission members present: Howard Burgess, Richard Hoenes, Raymond Leonard, William Matteson, Jerry Stearns, Tom Turner and Charles Vajda.
Review of the April 16, 2009 Minutes
There were a few typos corrected. Mr. Turner had a list of changes he would like made to the minutes which are attached. Mr. Turner motioned to accept the minutes with these changes and Mr. Leonard seconded the motion. All were in approval with the exception of Mr. Hoenes who abstained as he was absent at the last meeting.
The Rutland Town Plan
Tara Kelly was present to discuss any more changes to the Rutland Town Plan. Mr. Turner pointed out typos on pages 23, 37 and 39. On page 8 he pointed out a discrepancy with the language “two thirds” concerning the Class 3 highways vs. the table that says 54%. It was agreed to use “about one half” in the text. There was a similar situation with Class 2 highways; the text said one third and the Table showed one fourth.
Ms. Kelly mentioned that since there were several pages with a lot of room at the bottom, perhaps pictures could be added. Mr. Turner said that Mr. Zingale has several nice pictures and that maybe he would like to add some.
Mr. Matteson said that he and Mr. Zingale would go over the Land Use map as there are some conflicting colors they would like to change.
Ms. Kelly said that the letter she gave to Mr. Matteson dated May 8. 2009 served the purpose as a report for the Select Board. Mr. Matteson questioned the word amendment and asked that it be replaced by adoption.
Ms. Kelly had a State checklist for the next steps toward adopting the Plan. A copy of the Rutland Town Plan has to be sent to abutting towns thirty days prior to a hearing by certified mail. It was decided that the hearing would be held on June 25th at 7:00 P.M. and a meeting to adopt the plan would follow. The regular scheduled Planning Commission meeting on July 2nd would be canceled and the June 25th meeting would replace it.
Ms. Kelly has drafted a final report for the State and all that is needed is a report from the Treasurer verifying that all the money has been spent. Mr. Matteson will make out the report with Ms. Hyjek, the Treasurer. This report is due to the State by 6/15/2009.
Mr. Turner motioned to accept the draft with changes mentioned at this meeting. Mr. Hoenes seconded the motion. All were in approval.
Ted Hubbard Jr. Subdivision
Mr. Matteson received a letter from Byron Hathaway, the Road Commissioner, stating that he does not want to allow a second access on to Stratton road for this subdivision. Mr. Matteson suggested adding this letter to the subdivision file and said he would like a copy of the map to go with the letter.
Mr. Matteson received a letter from CVPS stating that they intended to upgrade cable from Post Road to Stratton Road as well as replacing poles.
Mr. Hoenes motioned to send a letter to Tim Upton at CVPS saying that the Town has no objection to these upgrades. Mr. Stearns seconded the motion. All were in approval.
Rutland Town Reappraisal
Mr. Matteson asked Mr. Burgess how the Town reappraisal was coming. Mr. Burgess said that the field work was done and that the Listers and the Wright Company, who was hired to do the reappraisal, were doing administrative work with what was gathered in the field. It is planned that a town-wide report will be sent to all property owners in June showing the appraisal on all properties.
Homeowners on Amanda place have approached the Select Board and asked that Amanda Place be taken over as a Town road. They mentioned other roads that were taken over by the Town in the past before the current regulations were in place.
Mr. Matteson suggested that the Planning Commission draft a letter to the Select Board stating the deficiencies in the road compared to Town specifications. All deeds of Amanda Place homeowners state that Amanda Place is a private road and will not be taken over by the Town until it is brought up to Town specifications. Items to be listed in the letter are guard rails, slope, base, ditching and a survey to show if it is it in the right of way. Mr. Matteson said he felt the Select Board should request a complete and comprehensive engineer’s report on the road and that core drilling should be done to check the base.
Mr. Burgess brought up a similar circumstance with Traverse Place. The Town took this road over and because of underground water, the road collapsed and it cost the Town a lot of money to repair.
Mr. Matteson stated a history of Amanda Place. He said the first permit was given in 1993 or 1994 and this is the one in the subdivision file. In 2003, the first permit expired and the applicants had to apply for a new one since they never filed a mylar. This permit had a caveat stating that all prospective buyers of property on Amanda Place be informed that the Town would not take over the road until it is brought up to Town specifications.
The road was paved in 2004 and Mr. Matteson talked to the paver who said he had nothing to do with the base. Mr. Matteson had also talked to the original contractor of the road, and he said that he had put some stumps in the base, but not in the paved portion. Mr. Vajda said that if there were stumps on the side of the road, it could cause the rest to collapse.
Mr. Matteson said that Atty. Licardi thinks that the only permit was in 1993 and is outside the statute of limitations but actually the current permit is only six years old and based on the original plans. Mr. Matteson says he feels this puts them in violation of the subdivision regulations. He said that other people applying for a subdivision had been held to making their road in compliance and the Planning Commission should be careful not to make an exception in this case.
Mr. Zingale said that the Select Board was primarily interested in whether or not they would be taking over a liability and could be sued. The attorney for the Town, Kevin Brown, said the Town cannot be sued so the Select Board is inclined to take over the road. Mr. Zingale also said that the Town would need drainage rights in this case due to possible contaminated water runoff into the property owners’ wells.
Mr. Matteson said he felt the Select Board should back the Planning Commission or it sets a precedent that the Planning Commission has no authority. He said he felt the subdivision regulations are in place to protect the Town. The road policy states that an engineer has to certify a road before the Town can take it over.
Mr. Turner said he felt the Select Board should know the cost to the Town for upgrading the road.
Mr. Matteson said he would draft a letter to the Select Board and asked that Planning Commission members attend the next Select Board meeting when Amanda Place would be discussed. Mr. Zingale said he would let the Commission members know when this would happen. Mr. Matteson also suggested that all Commission members go and look at Amanda Place.
David Heaton applied to the State for a permit to replace his septic system on Viewmont Drive.
Tracy and Nancy Hubbard’s subdivision was approved by the State. Mr. Matteson noticed that the wording said “Boundary Line Adjustment” and also mentioned a waste water permit for an existing homestead. Mr. Zingale will check into these. He says he thinks the wording for the lot line adjustment was an error and that perhaps the Hubbards are repairing their septic system.
Mr. Turner said that he would like to review the Hubbard mylar before stamping it. He also said that the permit Mr. Zingale typed up for the Hubbard subdivision missed the condition of moving the fences onto his property by October 1, 2009. Mr. Zingale will update the permit. Mr. Turner also asked about notifying the other participants that they have thirty days to appeal the subdivision. Mr. Zingale said he already sent the letters to the other participants.
Mr. Leonard motioned to adjourn the meeting. Mr. Hoenes seconded the motion. All were in approval.
The meeting ended at 8:25 P.M.
William Matteson, Chairman Date