Special Select Board Meeting minutes 8-31-2020

Special Select Board Meeting 8-31-2020


AUGUST 31st, 2020


  • Location: Wynnemere Development on Carmel Place
  • Board members present: Mary Ashcroft, Sharon Russell, and Joe Denardo
  • Also present: Town Road Commissioner Byron Hathaway, Town Administrative Assistant Bill Sweet, representing the Wynnemere Homeowners Association was John Gorman and Dave Dress
  • Meeting began at 5:00 P.M.

The board is meeting to discuss a request from the Homeowners Association to take over ownership of Carmel Place.

  • There are several questions about the utilities under the roadway. Who owns them now, their exact location and maintenance responsibilities, and easements that may be in effect was discussed.
  • There is a storm water management area of the end of the development which the town has a grant for to redo.
  • The development is 50% built out currently.
  • Discussed the storm water retention pond and if it can handle all the runoff once the development is 100% built out. Mr. Hathaway said that it would be.
  • This project was originally approved under Act 250 so some information may be available from this permit.
  • There is nothing known in the Act 250 permit that would prohibit the town taking over the roadway.
  • There is no known covenant or trigger for road ownership tied to the occupancy of the development
  • The HOA will need to clarify ownership of the utilities under the road.
  • It is believed Rutland City has easements for the water and sewer lines.
  • The sewer discharge connects directly to the Rutland City system and is not part of the town allocation. No O&M is paid to the town.
  • Clear ownership of the utility lines needs to be established and a determination needs to be made on who is responsible for the cost of repairs to the lines and roadway if the lines need to be dug up.
  • Repair and drainage access easements will need to be checked in the Act 250 permit.
  • Every home has a swail which brings storm water runoff to a common drainage area. All gutters from homes empty into this as well.
  • Lawn masters does the fertilizing of the development and From the Ground Up does the rest of the property maintenance.
  • Reviewed the stormwater pond. It is planned to be retrofitted as part of a project in the near future.
  • There is a current practice to spray a general herbicide on the shoulders in the drainage area. The town would not be able to continue this practice. It would require someone with a license and a management plan to be able to spray the chemical.
  • Discussed the responsibility of mowing the swails, we will need to talk to Andres Torizzo about this as well.
  • The HOA is responsible for the maintenance on all of the lots except any individual gardens which are only allowed within 25’ of a foundation wall.
  • The HOA would like the town to take over the road only, although the typical practice is for the town to have a 50’ right of way, 25’ to each side of the center of the right of way.
  • If the town were to take it over it would be maintained as it sees fit, and not necessarily as the HOA has done in the past.
  • Power lines are run adjacent to and in some cases under the existing road, there are no overhead lines.
  • If the town does NOT take over the road, the HOA will need to ensure it is in compliance with the town’s private fire hydrant ordinance.
  • The road would be posted at 25 MPH.
  • Original plans for the development have been located but as built plans have not been found yet. These are very important to be able to determine exact placement of utilities.
  • There will need to be an accurate survey of the road showing utility locations, the location of the road in relation to the right of way.
  • There are several key questions which need to be addresses and answered, mainly exact utility locations and maintenance responsibilities before a commitment can be made.
  • Clear easements will need to be established.

There being no other business, the meeting adjourned at 6:10 PM.

Respectfully submitted, Mr. Bill Sweet

Joshua C. Terenzini, Chairman
Mary Ashcroft, Clerk
John Paul Faignant
Joseph Denardo
Sharon Russell