TOWN OF
RUTLAND
PLANNING COMMISSION MEETING
APRIL 2, 2009
MINUTES:
The meeting opened at 7:00
P.M.
Commission
members present: Howard Burgess, Richard Hoenes, Richard
Lloyd, William Matteson, Tom Turner and Charles Vajda.
Review of the 3/19/2009 Minutes
There were a few changes to
the minutes as written. On page one,
“Act” was put in front of 250 vs. Section.
Also on this page, Mr. Bowen works for CVPS, not CV Wind and Solar. On
page two, John Blittersdorf was added as the representative from CV Wind and
Solar “and support the project” was
added to Mr. Lloyd’s motion. On the
last page under “Ted Hubbard Sketch Plan” two lots was changed to four lots and
the sentence on possible drainage issues was reworded. Mr. Lloyd motioned to accept the minutes
with these changes and Mr. Hoenes seconded the motion. All were in approval.
Rail Road Crossings
Mr. Robert Ide from VTRANS
was present due to a request from the Commission. He came to discuss the timing of some of the rail road crossings
in Rutland.
Mr. Matteson mentioned
safety issues at the crossing at Park Street and South Main Street for the
Bellows Falls line. He said it appears
they are switching cars between 8:00 A.M. and 10:00 A.M. and also around 4:30
P.M. and 5:00 P.M. which are the busiest times for traffic. Mr. Hoenes added that all lights are red and
all traffic comes to a stand-still. Mr.
Zingale said it could be the city that controls the lights. Mr. Ides said that he will talk to one of
his experienced engineers about coming down to do a study of the problem.
Mr. Ide said that the State
owns the tracks and they are leased by companies like Vermont Railway and the
Green Mountain Line. He added that the need for interchanging with other trains
puts this train in Rutland at these times.
Mr. Vajda asked what the
advance time was for the posting of a crossing and Mr. Ide said about one
eighth mile. Mr. Vajda said at one
crossing he saw a tractor trailer almost get hit by a train pushing about three
cars without a signal. Mr. Burgess
asked about the expected increase in train traffic. Mr. Ide said that he felt all corridors had room to add traffic.
Mr. Matteson asked about the
tunnel project in Bellows Falls. Mr.
Ide said that it has been completed and the first train has gone through,
unfortunately without any good pictures.
He also said that the Middlebury Spur Project is moving forward and will
change rail traffic north of Rutland.
Mr. Zingale asked about
height and weight restrictions on bridges and Mr. Ide said that he knew that
Bridge 219 in Florence has weight restrictions. It is slated to be worked on in this construction season and this
will benefit OMYA. He said that
Middlebury is the bottleneck for height issues.
Mr. Ide said that the State
is applying for stimulus money to work on the western corridor.
Mr. Matteson asked for an
update on the rail yard relocation project.
Mr. Ide said that the community needs to understand the importance of
rail transportation in supporting local business.
Mr. Hall, a Town Selectman,
said he had attended a meeting at the Rutland Regional Medical Center and the
issue of disrepair of crossings came up.
He specifically mentioned Temple Crossing by Ray Nutting’s and also one
on West Street by the Mintzer property.
Mr. Ide said that he has fifty years of deferred maintenance but that
more rail ties have been replaced in the last year than in the previous five
years.
Mr. Zingale said that some
businesses don’t use rail delivery because it is not timely. Product may sit in the yard a while before
being delivered to the company and only the rail workers can move it. Mr. Ide wanted examples and Mr. Zingale said
to contact Sto Energy, Carris Reels and General Electric. Mr. Ide said that it would be beneficial to
have David Wulfson come to a meeting
since he deals with this sort of issue.
His number is 658-2550.
Mr. Lloyd wanted to know if
anything could be done to change the crossing times at the South Main
Street/Park Street crossing. Mr. Ide said that it is really “an inconvenient
truth” because of the co-ordination needed between the rail companies. Mr. Matteson asked if something could be
done logistically to perhaps shorten the time the tracks are tied up. Mr. Ide again suggested talking to David
Wulfson.
Mr. Matteson asked how Amtrack
was doing and Mr. Ide said that the two factors in determining if Amtrack is
viable are ridership and fuel prices.
He said that currently ridership is up and fuel prices are down which is
good for Amtrack.
Mr. Vajda asked how a person
could get on Amtrack at the last minute and Mr. Ide said that the conductor can
let you on and you pay in Albany. They are looking into automatic ticket
machines.
(2)
Rutland Town Plan
Tara Kelly from the Rutland
Regional Planning Commission was present to discuss the Rutland Town Plan.
The following two sections
were discussed:
Future
Land Use –
Some typos were corrected. Mr. Turner helped Ms .Kelly prepare this section. He
suggested that on page 57 some items be
deleted
and on page 61 there was a brief discussion on farm buildings from 1993 and
prior that no longer are used for farming.
It was agreed that they can still be used for storage and make a
revenue. On page 63 the policy listed
is not applicable and was deleted.
Mr.
Turner motioned to approve this section.
Mr. Hoenes seconded the motion.
All approved.
Natural
and Cultural Resource Profile
Ms.
Kelly had some suggestions from a publication by Ethan Swift who is a watershed
planner for the Agency of Natural Resources.
Mr. Turner felt that the document was too large to print in the Town
Report but that it could be referred to in a footnote reference and it will
remain on file for the Planning Commission to use as a future reference.
Mr.
Turner had the following suggestions:
Page
36/37 – The table listed could be put into a sentence. He also suggested an explanation for
Statewide Land vs. Prime Agricultural Land.
Mr. Zingale added that Statewide Land is not regulated and Prime
Agricultural Land is regulated. Mr.
Turner said that the Sand and Gravel table could also be put into text.
Page
38 – Remove the first three paragraphs.
Page
39 – Remove Table 9 as the information exists elsewhere.
Page
41 – Eliminate paragraphs one and two under Rivers and Streams.
Page
42 – Need to update the study timeframe.
Page
43 – Change the wording of Flood Plain Regulations and Zoning to Flood Plain
regulations in the Town
(3)
Page
44 – Cut some paragraphs as it is too wordy.
Page
46 – Delete the first paragraph and add the second paragraph to the next section
under “Threats”.
Page
47 – The third bullet refers to a shoreline but needs clarification. The fifth
bullet is a repetitious and the sixth bullet needs a change in wording.
In
the section that lists Moon Brook and water run-off issues, it was suggested
that it be mentioned that studies are underway to determine causes and
remedies. Mr. Zingale said that he is
on a committee working with the Rutland County National Resources Council.
Mr.
Turner motioned to approve this section with changes and Mr. Lloyd seconded the
motion. All were in approval.
Ms.
Kelly said that she will have the full Rutland Town Plan to review at the next
meeting. Then she will make out her
final report and payments can be settled before reimbursement from the State.
Robert Walker Subdivision Information
Meeting
Mr.
Walker said that this is his second attempt at a subdivision and is starting
fresh. His sketch plan application has
been signed by Mr. Young. Mr. Walker is
under a court order to subdivide as well as propose a Town road for his five
lots.
Mr.
Matteson said there was a need to revisit the reasons why the plan to provide
access off Rob Shawn Place isn’t good.
Mr. Walker said that he does have an alternate plan. Mr. Matteson suggested that the Commission
review the notes from Mr. Walker’s engineer.
A
site visit is planned for April 13th at 6:00 P.M. Mr. Matteson asked that Mr. Zingale send out
notices to the missing Commission members, including the Road Commissioner,
Byron Hathaway.
Mr.
Turner asked about removing the ledge at the entrance to Post Road for
visibility. Mr. Walker said he can’t
buy the land to access the property.
Mr.
Burgess asked if the lots were pinned and Mr. Walker said yes, although a few
are missing.
(4)
Hubbard/Dumas Informational Meeting
Mr.
Zingale said that everything was on schedule for the hearing on April 16th. Mr. Turner had a couple of questions
concerning the notice in the Rutland Herald on the subdivision. He said that it listed the land as .26 vs.
2.26 acres. Mr. Zingale said as long as
he didn’t intend to deceive anyone, it was okay. Mr. Turner also asked about the difference in the code book
numbers Mr. Zingale used to warn the hearing as it was different from the
numbers the Planning Commission uses for subdivision regulations. Mr. Zingale said that the same information
is in both documents and Mr. Turner suggested that perhaps the Select Board
could vote to use the same numbers.
Mr.
Dumas Sr. passed out a list of his concerns to the Planning Commission. Ed Dumas Jr. said that the meeting planned between them and the Hubbards and
their lawyers had not taken place due to Mr. Candon, attorney for Mr. Dumas,
being too busy, but they do plan to have one before the April 16th
hearing.
Mr.
Lloyd asked if there was enough time for them to be ready. Mr. Hoenes said that since the hearing had
already been warned, they need to start and if more time is needed then they
can recess the hearing to another time.
Mr.
Turner wanted to know if Stan Rhodes, the health officer, knew that the
Planning Commission would like a report from him on the water contamination
issue with the spring. Mr. Matteson
said that he and Mr. Rhodes would discuss whether this is Mr. Rhodes domain but
he felt that a water sample could be tested for bacteria. Mr. Zingale said that he had talked to Scott
Bradley from Aquacheck about the situation and he suggested that a well be
drilled to use instead of the spring or that an in-line UV water filter be
installed. There is danger that the
spring is being contaminated by animals other than deer or that the bacteria
could be potentially lethal.
Miscellaneous
Joe
Giancola is interested in purchasing a piece of land from Skip Pratico. Mr. Pratico’s business is part in the Town
and part in the City. Mr. Giancola wants to buy a piece in the City that is
adjacent to a property he owns in the City.
Rutland Town is being notified as an abutter.
DCF
has a lot that is considered wetland and it was agreed that they wouldn’t build
on the wetland. A request was made to change the parameters of this agreement
as someone is building close to this land and the request was granted.
John
Kalish has asked to amend his Act 250 permit to extend the time frame for
building and for studying the traffic flow.
(5)
Mr.
Vajda asked if there was anything new on the bottled water project. Mr. Zingale said that there was nothing new.
The
State Credit Union has decided not to start building in 2009 as planned.
The
old Napa store location is putting on a new store front and will have three
tenants.
Mr.
Zingale said that no zoning meetings have been scheduled. Stan Rhodes, Jim Hall and Mr. Zingale are
working on it. Mr. Matteson asked that
he be included in the process.
Mr.
Hoenes motioned to end the meeting. Mr.
Lloyd seconded the meeting. All were in
approval.
The
meeting ended at 8:55 P.M.
_____________________________________ _________________
William Matteson, Chairman Date
(6)