Meeting open at 7:00 PM

Commissioners Present:

Raymond Leonard, Howard Burgess, William Matteson, Andrew McKane, Dana Perterson and Jerry Stearns

The Commissioners reviewed the minutes of June 12, 2014 . Mr. Leonard moved to approve as submitted. Mr. Burgess made a second to the motion. The motion passed unanimously.

Ms. Betsy Keirstead Johnson appeared before the Commission regarding a continued final subdivision hearing. Ms. Johnson presented a map, which showed the two lot subdivision. Ms. Johnson informed the Commissioners that she would be adding the language “Burke springhouse and water rights”, to the final plat. Ms. Johnson said the surveyor for add the information to the map.

Mr. Burgess said the matter is basically a three lot subdivision. Mr. Burgess cited the

R-O-W access to the subdivision. Mr. Matteson said the submittal is a reduction in the number of lots. Mr. Matteson said previously the map showed six to seven lots and that the proposal is a reduction down to three parcels.

Mr. Matteson said the map depicts a 1 acre lot, a 6.39 acre lot and a 45.46 acre lot. Mr. Matteson cited the fact that all three lots have legal access to the public road. Mr. Matteson made a motion to approve the subdivision reduction with the wording “Burke springhouse and water rights” be added to the final plat.

Mr. Peterson made a second to the motion. The motion passed unanimously.

Rutland Regional Planner Mr. Ed Bove and the Commissioners worked updating and editing the 2009 Town Plan with Commissioners.

Mr. Bove submitted a flood resiliency section for Commissioners to review for a later date.

Mr. Bove questioned if the Commissioners want to include the Solar Facility Siting Standards (SFSS) in the Energy section in the Town Plan. Mr. Matteson moved to include the SFSS in the Energy chapter of the Town Plan. Commissioners discussed the SFSS and the adoption process. Mr. Matteson withdrew his motion.

The Commissioners and Mr. Bove reviewed the Natural Resources section of the Town Plan. Mr. Bove suggested rare and endangered plants and animals be added to the Town Plan. He also said deeryards and deer wintering areas should be included in the Town Plan.

Mr. Bove said the Commissioners could add language regarding wildlife connectivity. Mr. Bove said the Town Plan would cross over to a regulatory world if the Commissioners were to include language designating areas for protection.

Mr. Bove said that if there is a clear standard in the Town Plan regarding no development in a deer wintering area, as an example. He said the statement would hold weight in an Act 250 or 248 hearing. Mr. Burgess said deer wintering areas should be protected. Mr. Bove said Commissioners could also protect wetlands and flood hazard areas.

Mr. Matteson said if the Commission says no development in this area it would become somebody's interpretation as to whether this property does in fact constitute a deer yard.

Mr. Stearns said if areas are not identified then the Town would not have anything to stand on in a hearing. He said if the Town wants to have its hands in what is going on, then the Commissioners need to think about putting something in the Plan.

Mr. Peterson said he agreed with Mr. Stearns that the Commission needs to be planful in the way it looks at the land in the town. He said the Commission needs to consider certain designated areas so that the Town can provide guidance to those looking to do a development. He said otherwise the Town would have to be reactive.

Mr. Peterson said the Commission does not have to designate a large number of areas or restrict land unnecessarily. He said that if the Commission does not at least consider doing so then the Town would be open to a situation where the Town is not proactive and might try to restrict things without the clout of the regulatory piece.

Mr. Matteson said state scientist have determined where the area are located he said the Town does not decide what is a deer yard. Mr. Matteson said in his 35 years in development and construction he has found that the map designations are only a guideline. He said even though a property is not a mapped wetland it could be determined to be a wetland after a site visit.

Commissioners further discussed whether the Town Plan should call out State designated natural and environmentally sensitive areas as being important in the Town Plan. Mr. Burgess cited the example of the Buck property on the Cold River Road, which was recently designated a wildlife habitat area. He said there should be language in the Plan which would protect such land from development.

Commissioners decided to make a reference in the Town Plan to the map showing the four natural heritage sites in Town. Mr. Bove said he would do so in the Town Plan. Mr. Peterson questioned if the Commission should consider protecting an aquifer located in the south end of Town. Mr. Bove said the Commission should discuss the matter when he presents maps at a future meeting.

Mr. Bove will check to determine which waterways in Town are impaired. Mr. Peterson questioned if there should be language in the Town Plan for protecting ground water. Commissioners and Mr. Bove discussed storm water management.

Mr. Bove will check to see if Muddy Pond in Rutland Town would fall under the shoreline protection regulations.

Mr. Matteson said the Commission should add the word “energy efficient” in the Housing Section description.

Mr. Leonard moved to close the meeting. Mr. Burgess made a second to the motion. The motion passed unanimously.

Andrew McKane, Chairman