TOWN OF RUTLAND

PLANNING COMMISSION MEETING

SEPTEMBER 3, 2009

MINUTES:

The meeting opened at 7:00 P.M.

Commission members present: Howard Burgess, Anthony Flory, Richard Hoenes, Raymond Leonard, William Matteson, Andrew McKane, Tom Turner, Jerry Stearns and Charles Vajda.

Review of the 8/20/2009 Minutes

Jerry Stearns motioned to accept the 8/20/09 minutes as written. Charles Vajda seconded the motion. There were six members in approval with Mr. Leonard, Mr. Turner and Mr. Flory abstaining due to their absence at the August 20^th meeting.

The minutes from 8/6.2009 were tabled until the next meeting.

Adamson, Broadwell and Mayhew Lot Line Adjustments

The Commission received letters from Betty and Gene Adamson, Kathy and Ron Broadwell and Mr. and Mrs. Michael Mayhew all agreeing to lot line adjustments on Russell Drive. The adjustments take land away from the Broadwells. One adjustment gives the Adamsons the area where they have been planting their garden and the other adjustment gives the land to the Mayhews that they were using as a driveway.

There was a brief discussion concerning existing rights of way for other property owners. Mr. Matteson said that he has talked to the surveyor and would like to have some mention of these rights of way on the mylar. However, it was agreed that since the existing deeds describe these rights of way then the lot line adjustment doesn’t affect their existence. Mr. Turner read a portion of the Town regulations that stated this fact.

Mr. Hoenes suggested adding a condition to the motion to approve the lot line adjustments. Mr. Joseph Zingale, Town Administrator, said that the Town attorney, Kevin Brown, has said in the past that lot line adjustments do not allow conditions to be added to motions as do subdivisions. Mr. Hoenes then made the motion to approve the lot line adjustments with the understanding that the existing easements and rights of way remain the same. Mr. Flory seconded the motion. All were in approval.

Dickinson Subdivision

The Commission had a letter from Mr. Zingale concerning the Dickinson subdivision and the flood plains. It appears that the one acre lot to be divided out is in the flood plain. The septic system already exists but this does not affect the subdivision process, only perhaps the future sale of the land by the owner and the need for flood insurance.

Mr. Burgess asked if the additional abutting property owners have been notified. Mr. Zingale said that he had re-warned the subdivision hearing and notified abutters.

Mr. Hoenes made a request that the surveyor indicate that the lot is in a flood plain on the mylar. Mr. Zingale is going to try and contact either Ms. Dickinson or Mr. Stannard so that this can be ready for the final hearing.

Mr. Turner motioned to recommend that the final plat indicate that the new one acre lot is in the flood plain area. Mr. Hoenes seconded the motion. All were in approval.

The subdivision hearing is scheduled for September 17^th at 6:00 P.M. due to the Commission’s plans to attend a class on managing storm water at the Stafford Technical Center at 7:00 P.M.

Mr. Leonard motioned to adjourn the meeting. Mr. Stearns seconded the motion. All were in approval. The meeting ended at 7:20 P.M.

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William Matteson, Chairman Date

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