TOWN OF RUTLAND

PLANNING COMMISSION

MINUTES

12-20-12


Meeting open at 7:00 PM


Commissioners Present:


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


The Commissioners reviewed the minutes of the November 18, 2012. Mr. Vajda moved to approve the minutes with changes. Mr. McKane made a second to the motion. The motion passed unanimously.


Mr. Tim Limebeck and attorney Paul Donaldson, representing CFC (formerly Carris Reels), met with the Commissioners regarding a two lot sketch plan hearing. The land is located off Ripley Road.


The applicants presented maps and answered questions raised by the Commissioners.


Mr. Donaldson told the Commission that parcel # 1 on the map would be taken out of CFC's so called Mill 100 parcel. Mr. Donaldson said the CFC received the land in question in five to six separate parcels. Mr. Donaldson said parcel # 1 would come out of one of the parcels conveyed to CFC.


Mr. Limebeck told the Commissioners that Rutland Plywood has been using the land in question for the past 30 years. Mr. Burgess questioned the applicants regarding continued access to the land by CFC. Mr. Donaldson said the Mill 100 property has a right-of-way (r-o-w) to get to Ripley Road. Mr. Donaldson said his client will preserve the R-O-W to continue to get to Ripley Road.


Mr. Donaldson said the r-o-w on the north side of the building will also be shared with the Moriah Group (formerly know as Rutland Plywood).


Town Administrator, Mr. Joseph Zingale Jr., cited the fact that the Town parcel maps depict a unused rail bed extending through the parcel in question. He said the applicant's map does not show the fee simple ownership.


Mr. Donaldson told the Commissioners that in his and his surveyor's opinion the rail bed land is not fee simple. Mr. Donaldson said the rail bed is a r-o-w interest. Mr. Donaldson cited a 1973 deed from the Vermont Marble Company to Mr. Henry Carris and Robert Bigalow that states the r-o-w exist for railroad purposes and that it no longer exist if the line is no longer in use. Mr. Donaldson said the deed

for the parcel in question closes with and an adjoining parcel owned by his client. He cited the fact that the deed does not say “up to the rail line”. Mr. Donaldson said there is not an intervening strip of property owned by someone else. Mr. Donaldson said it was only a r-o-w.


Mr. Burgess cited the fact that the bridge adjacent to the rail line is owned by Mr. Jim Earl and not by OMYA.


Mr. Matteson said the map is not clear as to what the applicant is proposing to do. Mr. Matteson questioned from which parcel is the proposed parcel #1 being taken. Mr. Donaldson said he could just show the Mill 100 parcel on the map and not the entire carris compound.


Mr. Matteson said the Commission wants to see the original parcel with a meets & bounds description with closed connection. Mr. Matteson said the parcel labeled # 1 should be labeled as #2.


Mr. Burgess said the Commission does not require all applicants to survey their entire parcel. Mr. Matteson said he wants a meets & bounds description, like all other applicants are required to submit.


Mr. Limebeck said the amount of land in question is measured in feet and not acres. He said it is about a 10 foot strip of land or 100 square feet. Mr. Matteson said the applicant could simply convey the land to the Moriah Group then come to the Commission for a lot line adjustment.


Mr. Donaldson said his surveyor Mr. Ray Page can show the Mill 100 parcel and show where the old line used to be and show parcel # 1 (which is left over from

the whole piece) and show parcel # 2 from the Moriah Group.


The Commissioners and the applicants discussed the proposed subdivision further and agreed (pointing to maps on Mr. Matteson's desk) what the applicant will submit to the Commission.


Mr. Matteson said the Clark property located on Seward Road will have a public hearing on January 3, 2013 at 9:30 A.M. in Montpelier. Mr. Burgess questioned Mr. Zingale regarding the issue of Fire access around the building. Mr. Zingale said he referred the matter to the Town Fire Chief.


Mr. Matteson read the notice for the Town of Pittsford's Zoning meeting. Mr. Leonard made a motion at 7:52 P.M. to close the meeting. Mr. Stearns made a second to the motion. The motion passed unanimously.





Approved by


__________________


William T. Matteson



























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