Rutland Planning Board
Minutes
September 14, 2010
Present: Norman Anderson, Dick Williams, Stephanie Bacon, Tim Nahrwold
Excused: Lester Grace
Staff: Steve Parker, Susan Ducharme
Guests: Addison Redfield, Julian Votruba, Bryan Mozio, Craig Bacon, Len Gengel, Joe Becker
Meeting opened at 6:35pm
- Review minutes
- Minutes of 8/24/10: Dick moved to approve with corrections, Tim 2nd, all in favor.
- Minutes of 8/10/10: Tim moved to approve, Dick 2nd, all in favor.
2. ANR’S:
- Bryan Mozio/Julian Votruba/66 Maple Ave:
Mr. Mozio presented the plan at last meeting. The Board asked Mr. Mozio to return tonight so Chairman could obtain a legal opinion from Town Counsel.
Mr. Mozio is looking to expand a non-conforming lot which according to Rutland zoning standards does not have the proper frontage. R-40 zoning requires an acre. The Board informed Mr. Mozio that Attorney Cranston advises applicant to obtain a lawyer. Applicant would like to see the plan endorsed this evening.
Dick moved to endorse the plan with a note stating that the applicant has been advised that the title search is at the applicant’s risk, Tim 2nd, Norm in favor.
$400.00 check was received
- Mr. and Mrs. Maykel/Craig Bacon:
The Maykel’s have the amended form A for parcels C and D which will be retained by them. New parcels will be included in parcel B and parcel F is being added to Parcel B (Lot lines have changed). Applicants would like to retain a right of way to get back and forth to their property. All lots with the exception of lot E are non-buildable lots. This will be noted on the plan.
Dick moved to accept with the added planning board note to the plan, Tim 2nd, Norman in favor. Stephanie recused herself.
Mr. Maykel does not want to miss the deadline date (10/1/10) for 61A so Mr. Bacon will hand deliver to all pertinent departments. The Maykel’s were informed that they would need to go for a variance (which would require a public hearing and would need to be placed on the town meeting warrant) if they consider zoning the property for business use.
The Maykel’s will speak with Selectmen. A check for $600.00 was received (#5776). Applicant was told to bring a Registry stamped copy to the Board.
- Brunelle West Subdivision acceptance/Len Gengel:
Mr. Gengel is here looking for acceptance. Cullinan’s 9/9/10 report states that the as-built information provided indicates that the subdivision has been completed to reasonable conformance with the approved plans. Dick moved to make a positive recommendation to the Selectmen for acceptance of the Highlands of Brunelle West Subdivision ( Station 9+25 to Sta. 30+52 Brunelle Drive) and Sta. 2+50 to Sta. 23+29 Marjorie Lane), Tim 2nd, all in favor.
- Invoices: Steve Parker (8/11/10 to today) $2,300.00 Dick moved to pay, Tim 2nd, all in favor.
- Muschopauge Reservoir Source Protection Plan:
At the Board’s request, Steve sent a letter to Gary Kellaher, DPW Director, stating that the Board voted that the current Town Regulations more than adequately protect the Muschopauge Reservoir resource protection area. They wish to thank the Massachusetts Rural Water Association for their assistance in the preparation of the report which will be kept on file.
Meeting recessed at 7:34pm for public hearing continuation on McAllister Estates and public hearing continuation on Subdivision Rules and Regulations.
Meeting reconvened at 7:35pm as public hearings were continued due to “Election Day” in which no action could be taken.
McAllister: To 10/12/10 at 7:00pm Extension to 11/30/10.
Subdivision Rules and Regulations: To 9/28/10 at 8:00pm
- Pleasantdale, Hawthorne and Central Tree Estates, Bear Hill: Attorney Kiritsy (Mr. Blair’s attorney) is here this evening after his review of the legality of the above mentioned invoices. A lengthy discussion ensued to include certain fees which Attorney Kiritsy believes were not attributable to the sites (soil, etc.). He questioned whether the present subdivision rules and regulations were in effect at the time. He further mentioned that Mr. Blair voted to replace Cullinan Engineering with Quinn Engineering because of the high -priced, questionable fees ( i.e., 11 hours for public hearings and meeting attendance, etc.) which were received from Cullinan. He also stated that Mr. Blair has reluctantly agreed to pay all but one invoice related to the bridge at Bear Hill.
Spaulding Associates became the reviewer/inspector of the bridge as Bill Richard of Cullinan Engineering stated that they were not qualified to do the review/inspection. Discussion continued.
Chairman advised Attorney Kiritsy to put his arguments on paper for the Board. Mr. Blair stated that if the Board hires Attorney Cranston for review he will not pay the fee. He already paid one for Central Tree Estates for Attorney’s Cranston’s review of the fire hydrant which he did not feel was warranted.
- Central Tree Estates - Cullinan and Attorney Cranston fees.
(Clea would have it in escrow…..NEED CLARIFICATION)
Mr. Blair is seeking a bond reduction, full release.
Stephanie moved to release the bond in entirety on Central Tree Estates, Dick 2nd, all in favor.
Dick stated that he would like to see Central Tree Estates put on the warrant for the town meeting. He moved to send a letter to the Selectmen recommending approval of any and all streets in the Central Tree Estates subdivision, Tim 2nd, all in favor.
- McAllister Estates: Preliminary plan was submitted as a 4 lot subdivision which is now a 92 lots subdivision. Where the fee schedule relates to the number of lots, it appears that the Board had not collected the entire fee for the present “definitive” stage.
Clea will review to ascertain that this is okay after which he will submit a check to the Board. Admin total that should have been collected is
$22, 500.00. NEED CLARIFICATION
- Hillcrest Acres/Cameron Drive:
Conservation Restriction was held up because of water bubbling up the electrical ??? which was due to National Grid. National Grid has been notified and has taken some action. Also, there is no street or stop sign. Mr. James Soucy agreed to pay for this. DPW wants this fixed.
Stephanie walked the site. Resident agreed to clean out most of the area covered with debris. It looked pretty good even though some areas are thick.
2. Mass Watershed Coalition’s (MWC) Project /Dick Williams / $500.00 fee:
Tabled to next meeting
3. Contracts:
Cullinan letter requesting a contract was sent to Attorney Cranston. Chairman called Bill Richard of Cullinan Engineering and went over several items pertaining to the following:
- Hillcrest Acres (Cameron Drive): No need for contract as Cullinan is okay with this now.
- Brunelle West: There is still money in this account therefore there is no need for a contract.
- Patriot Hill : Maria Hopkins has the contract which was signed and a check was left at the Planning Board office for $2,450.00, (check number 2785)
- Fieldstone Estates and Moose Crossing (Chairman does not recall getting construction reports on these from Quinn)
Steve stated that this is the developer and engineer responsibility.
- Brice Lemon and Charnock Hill were referenced. NEED CLARIFICATION
- Brintnal Estates: NEED CLARIFICATION
4. Invoice Payment Policy:
Chairman requested the Board’s approval to give him the ability to sign for Jackie when needed (i.e. Staples…) in between planning board meetings.
Dick moved to give Chairman authority to sign to get bills paid in between meetings, Tim 2nd, all in favor.
6. Attorney Paul Cranston bill resolution with Attorney Kiritsy (NEED CLARIFICATION)
7. Mr. Mosio’s non-conforming lot- Mr. Mosio was advised to engage a lawyer
as he may not be able to build on this lot.
Tim questioned why building permits are given out so easily without review.
8. Hillcrest: Bond- Attorney Cranston said the bond is still in place until it is released. He suggested the Board send a letter
9. Bear Hill Bridge inspection and upcoming crossings: Attorney Cranston advised the Board to contact Les Spaulding. Steve suggests the Board go to Gary and the State. Regarding Engineer contract estimates; it was suggested that the Board request pre-payment from builders in the future to offer bond protection.
10. Plans for McAllister: The Board has not seen new plans.
Should this now be considered a new subdivision submission(4 lots vs.
92)?
There being no further business the meeting adjourned at 9:30pm.
.
Respectfully submitted,
Susan Duchame
Secretary
SD/abm
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