TOWN OF RUTLAND

PLANNING COMMISSION

MINUTES

8-15-13


Meeting open at 7:00 PM


Commissioners Present:


Howard Burgess, William Matteson, Charles Vajda, Jerry Stearns and Raymond Leonard


Town residents Jerry & Elaine Barker and their surveyor Mr. Mark Hoffman met with the Commissioners regarding a continued two lot Sketch Plan hearing. Mr. Hoffman told the Commissioners that the Barkers would like to sell a portion of their property to their neighbors the Coles.


Mr. Hoffman told the Commissioners that presently the barkers own two parcels. He said one parcel pretty much surrounds the Cole parcel. Mr. Hoffman cited the fact the Town's property maps only show one of the Barker's two parcels. Mr. Hoffman referred to the map projection on the wall and explained where the new property line would be placed.


Mr. Matteson questioned if the matter could be processed as a lot line adjustment. Mr. Zingale and Mr. Burgess said the parcels are too large for a lot line adjustment. Mr. Zingale said the maximum lot size allowed to be considered a lot line adjustment is 1/10 of an acre. Mr. Hoffman said the parcel to go to the Coles is .54 acres in size.


Mr. Burgess questioned why Mr. Hoffman did not cite any property markers or pins for one of the property lines. Mr. Hoffman said he did not find any markers in the area cited by Mr. Burgess. Mr. Hoffman said he could sets pins in the area in question. Mr. Matteson cited the fact the line of concern is an existing property line and not a proposed property line.


Ms. Barker said the pins could be in the road because the road is an old dirt road that has been widened. Mr. Matteson said the property line corner in the road is required to be pinned.


Mr. Matteson inquired as to whether the Coles plan to merge the land to be acquired from the Barkers into their existing lot. Ms. Barker said the Coles plan requested to buy the land so they could have more property. Ms. Barker cited the fact a portion of the Cole's garage is on the Barker's land.


Mr. Matteson told Mr. Hoffman that it would suffice to put something flush in the pavement in order to pin the property line corner. Mr. Burgess said Mr. Hoffman could place a pin outside of the pavement and detail the pin location.

Mr. Matteson said the Commission would need to see something in writing from the Coles indicating they plan to merge the parcel. The Barkers said they would get a letter.


Mr. Matteson reviewed the final plat checklist with the Barkers and Mr. Hoffman.


Town residents Russell and Karen Edwards met with the Commission regarding a two lot sketch plan hearing. Mr. Edwards told the Commissioners that he has 10 acres and that he wants to sell a couple of acres. Mr. Edwards submitted a map of the proposed subdivision.


Mr. Edwards told the Commissioners that he is in the process of getting a State septic permit. Mr. Edwards said the new lot would have a separate access to Prospect hill Road.

The Commissioners scheduled a site visit August 22, 2013 at 7:00 P.M. Mr. Matteson said visibility should not be a problem, he said he goes by the site all of the time.


Town Administrator Mr. Joseph Zingale Jr., cited a letter from the Town attorney, which explains the Town's role in the Act 248 process. Mr. Zingale referred to the projected map on the wall and informed the Commissioners that there are eight historic properties located close to a proposed solar farm.


Mr. Zingale cited the fact that according to the Town Attorney's letter local zoning can't deny a permit to alternative energy projects. He said according to the letter a town with zoning could impose conditions but could not deny a permit. He said the conditions could address; fewer panels, screening and height restrictions.


Town resident David Fucci met with the Commissioners and expressed his concern with having to live near as well as look at the solar farm proposed for the Cold River Road / Stratton Road intersection.


Mr. Fucci said the solar farm would be in the middle of a residential area. Mr. Matteson cited the fact that the Town Plan has the land classified as Industrial. Mr. Matteson told Mr. Fucci that the Select Board would probably address aesthetics issues on behalf of the residents at the Act 248 hearing. He said the Planning Commission would assist the Select Board and the residents.


Mr. Fucci told the Commissioners that the owners of the proposed solar farm plan to purchase the land rather than rent the land. Mr. Fucci told the Commissioners that according to an attorney with the Public Service Board (PSB) no solar application has ever been denied by the PSB. Mr. Fucci said he is not against solar power however he said the proposed location is the wrong location.


Mr. Zingale explained that the Commission needs to hold a meeting and then write a report prior to scheduling a Subdivision amendment hearing to consider requiring the submission of a pdf file of all information contained on the paper map submital. Mr. Matteson said the Commission would discuss the matter when all members are present.


Mr. Matteson read the minutes of July 18, 2013. Mr. Leonard moved to approve the minutes as read. Mr. Vajda made a second to the motion. The motion passed unanimously.