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December 8, 2009
Rutland Planning Board
Minutes
12/8/09

Present:  Dick Williams, Norman Anderson, Lester Grace, Tim Nahrwold, Stephanie King

        Staff:  Steve Parker, Susan Ducharme

Guests:  Clealand Blair, Jr., Bill Richard, Attorney George Kiritsy, Dan Leahy, Mike
Marone, Tom Dufault

Meeting opened at 6:34pm

  • Review of minutes of 11/24/09:
Minutes approved with corrections.
Dick moved, Tim 2nd, all in favor.

  • Invoices:
     Quinn Engineering                 Bond Estimate on Bear Hill              $3,000.00
    (will be paid pending letter)
     Central Mass Classified (#18015)  R. Salonis Public Hearing (Legal ad)    $ 130.00        
     Town Clerk                                Postage (Informational Meeting)              80.52
     Quinn Engineering (#2456)         Moose Crossing                             125.00
     Quinn Eginieering (#2504)         Moose Crossing                             625.00

     Dick moved to approve, Tim 2nd, all in favor.

  • Brice Lemon vs. Warrington and Planning Board members lawsuit:
     Chairman informed the Board that the judge ruled to dismiss the case.  Susan will
      send letters to former members, Mike Sullivan and Neil Viner, former members
     mentioned in the lawsuit.

  • Pleasantdale Estates Bond Estimate:
Some issues have not been addressed (no hoods on catch basin, trash racks have only been partially addressed, no information has been provided on rip rap, retaining walls need to be certified, roadway sight distance, etc.). The Board suggests video camering and geotechnical engineer review to assure everything is acceptable.  

  •   Christmas Buffet:  Fire Station on 12/10 at 12:00pm. Confirm with Eileen or  
        Sally.

  •  Bear Hill Subdivision Bridge:
 A lengthy discussion took place to include:
  • Board’s concern that without bridge acceptance, the town may not be eligible
      for Chapter 90 funds.  The state may require additional information to include the
      bridge as part of the roadway.   
  • Bill Richard of Cullinan Engineering quoted MGL which states that anything over 10 feet is considered a bridge.  This could potentially put the town at risk.
  • Mr. Marone was not aware of state requirements. He will look into these
   and specifications.
  • Chapter 85 MGL was also referenced by Mr. Richard pertaining to public vs.
        private road requirements.  
  • Chairman, Norman Anderson stated the Board’s obliged to go over certain  
   specifications (safety, state requirements, etc.). when a developer is pursuing
   road acceptance.  
  • Steve Parker, Planner, will meet with Mass Highway and await  engineer’s
         response regarding subbing this out to an engineer with bridge expertise.

    Separate issue: Chairman advised Mr. Blair of the importance of keeping the
     Planning Board updated on details and changes (i.e., the Board has still not received
    detail on the retaining walls, arch culverts are the last thing the Board received on
     the bridge, utilities, water and sewer, crossing, piping, etc.).  To date the Board has    
     not received drawings on Pleasantdale Estates.  Planning Board must receive this
    information in a timely fashion.  Mr. Parker went over process.  
     Discussion ensued to include:
  • If bridge in 20 years needs to be maintained will the town be able to obtain funding?
  • Plans have been stamped and signed by a structural engineer.  The Board wants and independent review done.
  • New DPW Chief Kellaher wants the DPW and Planning Board to be in the loop when changes are made.
  • Developer would like to get all the crossings in without having to wait many months.  
  • Chairman referenced letter sent (regarding Brintnal Estates) to Mr. Blair requesting a report be sent to the Planning Board.  To date the Planning Board has not received the report.  
  • Wetland flags need to be put on the plan and sent to DCR and DEP.  
  • Mr. Blair referenced the process (going in front of Con Com in March then MEPA.  DCR will not speak with them until they have gone to MEPA).
  • Mr. Dufault referenced Mary Scannell’s property which has no exit, but a  construction easement which has not been approved.  Bear Hill Subdivision was also referenced.  It did not include 300 Feet off Bear Farm Drive.  He further stated asked if Mr. Blair were referring to the 1999 or 2006 plan.
  • Mr. Blair stated that there is a temporary turnaround which will be abandoned once all permits are in place.  Attorney Kiritsy stated that the portion of Brunelle Farm Drive is a legally approved plan Board will look back into this.
  • Board needs information from Mass Highway. Cullinan needs to find a sub.
  • Does bridge meet Mass Highway specifications?  
  • Digital pictures were showed to the Board.
  • Pumping station at Brintnal Estates was referenced.  No report to Board to date.
  • RE: Brintnal Estates: Mr. Dufault stated his concern that people will be using the roadway as an access (near Mary Scannell’s property).  He is also concerned with the wetland crossings.  It has been 3 years since the plan was approved and nothing has been done yet.
Meeting recessed at 8:35pm for continuation of Subdivision Rules and Regulations public hearing.
Meeting reconvened at 8:55pm.

7.  Open meeting discussions:
  • Bear Hill Bridge:  It was suggested that DPW select an engineer to review bridge (too many variables exist).  Mr. Parker suggested the Board not release any bond funding until the independent review is completed and okay.  Perhaps additional language pertaining to bridges should be crafted in the Subdivision Rules and Regulations.
  • Mr. Dufault asked “What happens when you find out the bridge does not meet standards?”  Also, dissipater was in the plan now they are using a detention pond as a retention pond.
8.  Deborah Shriver/Information on the EPA’s  Environmental Education Grant:
    Steve will send a letter of support via email by 12/11/09.

9.  Planning Board Computer issue:
Steve presented 2 quotes to the Board.   Dick moved to authorize Tim to authorize
Horace Moody to purchase a computer not to exceed $750.00, Norm, Stephanie and  
Lester in favor.  Tim abstained.

  • Planning Board member stipends:
Tim motioned to stipend, Stephanie 2nd, all in favor.

   There being no further business the meeting adjourned at 9:25pm.


                                                                Respectfully submitted,

                                                                Susan R. Ducharme