TOWN OF RUTLAND

PLANNING COMMISSION MEETING

JUNE 17, 2010

MINUTES:

The meeting opened at 7:00 P.M.

Howard Burgess, Tony Flory, Raymond Leonard, William Matteson, Andy McKane, Jerry Stearns, Tom Turner and Charles Vajda.

Review of the May 20 and May 27, 2010 Minutes

Mr. Burgess motioned to accept the 5/20/2010 minutes as written. Mr. Vajda seconded the motion. All were in approval.

Mr. Leonard motioned to accept the 5/27/2010 minutes as written. Mr. Vajda seconded the motion. All were in approval.

Proposed Byway to Route 4

As suggested by the Select Board, Susan Schreibman, from the Rutland Regional Planning Commission and Seth Webb, Director of Economic Development and Tourism for the Town of Killington, were present to explain the proposal to make part of Route 4 a State byway. Killington is sponsoring and promoting the project. The section of Route 4 from Interstate 91 to Route 7 and Route 4A through West Rutland including Business Route 4 are the designated areas.

To designate a byway, a committee has to be appointed which would include a representative from each participating town. Then intrinsic qualities such as scenic, cultural, recreational, historical, natural and archaeological aspects are noted and a story is written about areas along the route. An application has to be made out and VTRANS decides whether to approve the byway. If approved, each town is eligible to compete for Federal and State funds to enhance the byway. It is an 80/20% match and the Regional Planning Commission has been picking up 10% and the State has been picking up 10%. Mapping is done by the Regional Planning Commissions. Byways need to be recertified every five years and the State looks for activity in making its decision.

Many questions were asked. Mr. Burgess asked about the maintenance and liability factors. Each town would maintain their own areas.

Mr. Matteson asked how Rutland Town fits into the plan and Ms. Schreibman said that it offers hotels, shopping and restaurants for tourists. Mr. Matteson also added that Rutland was settled at Mead Falls in Center Rutland.

Mr. Turner stated it appears to be a non-regulatory program with decisions made by member towns. He wanted to make sure that Rutland Town would not be committed to a decision made by other towns and Mr. Webb said that no town would have to do anything it did not want to do.

Mr. Matteson said that it appears that if the current agreement is signed, it only allows further study and an appointment to the committee. Mr. Webb said that Hartford, Woodstock, Killington, Mendon and West Rutland have already signed on.

Mr. Flory asked if Proctor could be included concerning the Marble Company and he was told that Route 3 to Proctor could be a spur off the designated byway.

Mr. Flory motioned to give the Planning Commission's approval to the Select Board to participate. Mr. Stearns seconded the motion. All were in approval. The next meeting of the Byway Committee is in Woodstock on July 21 at 9:30 A.M.

Miscellaneous

Mr. Matteson said that they were invited to the CVPS open house for the new solar panels on June 22nd at 11:00 A.M.

Mr. Zingale brought up changes planned for traffic flow at the Green Mountain Plaza. The plan to add a barricade near Cop John Drive would adversely affect Farrell Distributing from having their trucks enter their facility. Mr. Zingale said that one solution would be to add a curb cut to Cop John Drive but it is up to the State to allow this to happen. He has talked to the attorney for the Green Mountain Plaza to see what could be done and the manager for Farrell Distributing has talked to the Act 250 office. There will be a hearing on July 23rd on changes to the Plaza's traffic flow.

As requested, John Ruggerio wrote a letter for the Planning Commission concerning a subdivision in Rutland City that abuts the Town. Mr. Turner made suggestions on changes to the letter before being signed by the chairman and sending it out. Mr. Stearns motioned to incorporate these changes to the letter and Mr. Vajda seconded the motion. All were in approval. Mr. Zingale will make the changes and mail the letter.

The State Credit Union plans to build this summer.

Per Mr. Zingale, nothing has been settled concerning the subdivision in Pittsford for the General Land Company, which abuts the Town. There is an issue of which Town would provide emergency services and also whether upgrades would be made to the road in Rutland Town which abuts the subdivision, since there will more traffic on the road.

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Amanda Place

Due to the fact that there are new Commission members, Mr. Matteson went over the events of the past concerning Amanda Place and the residents' request to have the Town take over the road.

When the subdivision was first done, the road was not up to Town specs and all property owners received deeds indicating that the Town would not take over the road until the road was brought up to Town specs. This is in everyone's deed. The Select Board can choose to ignore this and elect to take over the road.

Mr. Burgess said that a lot of time has been spent discussing this issue in the past and if the Select Board opts to take over the road and ignores the Planning Commission's condition to the subdivision, then this sets a precedent to allow sub-standard roads on future subdivisions.

Mr. Stearns asked why the Select Board would consider taking over the road in light of all the above information, i.e., the property deeds specifically state the Town will not take over the road unless it is brought up to specs and the permit for the subdivision states the same. Mr. Zingale said that the residents of Amanda Place are taxpayers, too, and other roads have been taken over, although under different circumstances.

Mr. McKane asked if the road could be brought up to Town specs. Mr. Matteson said that it could have been back when the subdivision was first permitted, but now there are houses in the way of forming the proper slope to the road. It would be expensive now.

Mr. Matteson wrote a letter within the last year to the Select Board explaining why the Planning Commission is against taking over the road. Mr. Zingale will look for this letter so the rest of the Commission can read it and discuss this issue further at the next meeting and then make another recommendation to the Select Board. Mr. Matteson suggested the Commission members take a look at the road before the next meeting.

Mr. Leonard motioned to end the meeting. Mr. Flory seconded the motion. All were in approval. The meeting ended at 8:15 P.M.

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William Matteson, Chairman Date

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