Rutland Planning Board
Minutes
7/13/10
Present: Dick Williams, Norman Anderson, Tim Nahrwold, Stephanie Bacon
Excused: Lester Grace
Staff: Steve Parker, Susan Ducharme
Guests: Addison Redfield, Clealand Blair, Jr., Attorney Cranston, Skip Clark, Rebekka
McDermott, Steve Cannell, Gary Kellaher
Meeting opened at 6:32pm
- Review minutes and Invoices held to later this evening:
- Attorney Cranston re; correspondence from Attorney Kiritsy
regarding Heritage Hill Drive:
Attorney Cranston is here at the Board’s request to obtain his opinion on Attorney Kiritsy’s
letter to the Board. Mr. Blair is requesting a release on bond amounts for Heritage
Hill, Central Tree Estates and Pleasantdale Estates.
Discussion ensued to include:
- Attorney Cranston respectfully disagreed with Attorney Kiritsy on the Board’s
authority to hold the 10% retainage on the original bond amount one year after
approval. The Board does have this authority.
- Heritage Hill Drive and Pleasantdale Estates:
Roadways/infrastructure are complete and have been accepted by the town. However, it has been 4 to 6 years since approval. Attorney Cranston stated that within a 2 year period the builder should have come in to request a bond release as the one year period starts 1 year after completion and is determined on a case by case basis.
The builder never requested this.
The Board expressed that they have no concern with Heritage Hill Drive but did have
A concern with Pleasantdale Estates. Even though the detention ponds are functioning
at present, the Board is concerned with the height discrepancy which was noted at town
meeting. Generally 1 year period is needed to make sure it is functioning correctly. It is
now 4 to 6 years later and the town has already accepted the roads. Regulations state that
in this situation (4-6 years) the Board has authority to waive on a case by case basis.
This would not set precedence on future subdivisions.
The builder, after one year, should have requested the money from the Board. The Board will ask Gary Kellaher of DPW to look into this.
- Central Tree Estates: Project will be complete when Board has approved as built
plans on file. Cullinan report of 5/18/2010 stated four items were still missing.
Since we do not have the as built review the Board can reject their request to release the
bond.
- Cullinan Engineering invoices: Mr. Blair expressed that Cullinan Engineering invoices
are exhorbant. Attorney Cranston advised the Board to obtain itemized bills with time
sheets prior to approving payment. This is a dispute between the builder and engineer,
however, the Planning Board should get involved and speak with the engineer as well.
- Bear Hill Bridge discussions with Clea Blair, Jr.:
Clea stated that the rest of the foundation is done. The back of the walls will be going in next.
Everything should be completed by mid to end August, 2010.
Boards concerns include warranting the bridge when there are no ASHTOE standards in
place, life expectancy of the bridge, design has not been finalized, cantilever walkways not
possibly no being acceptable (noted at prior meeting) no documentation on 2nd egress and
how the deckings will be hung over the side.
Of note: Mass Highway has a different set of standards than ASHTOE standards.
Clea stated that he has been working on the decking. He will email Tim tomorrow with this
information. Bottom line: Board’s concern is that the town is protected.
.
- Source Water Protection Plan/Rebekka McDermott/Gary Kellaher/Steve Cannell:
Rebekka has been meeting with Gary Kellaher and is proposing the town updating their zoning bylaws to protect Muschapaug. Books were handed out for the Board to review
and Rebekka referenced the proposed bylaw on p. 47. Bylaw can be found on the Town’s
website or at the Planning Board office during regular business hours. Gary Kellaher informed the Board that this is a free service to the town. He has gone on site visits with
Rebekka and expressed that she has spent a lot of time on this.
Discussion ensued. The Board and Steve Parker read the proposed bylaw after which
Steve will contact Rebekka.
Meeting recessed at 7:44pm for public hearing on McAllister Estates both subdivision and special permit: Hearing was continued to 9/14/10 at 7:30pm.
Meeting reconvened at 7:45pm.
5. Sign Bylaw:
Chairman stated that after meeting with the Selectmen a number of problems exist:
- No enforcement was ever done
- There appear to be a number of ambiguities and miss-references.
- Event vs. public event (yard sale signs, etc.)
- Village and Town Center districts should now be referenced.
- Parking for businesses needs to be looked at.
- Windmill Bylaw
Chair volunteered the subcommittee to revisit the bylaw when they resume meeting in the fall
to review bylaw and bring up to date.
Dick moved to direct to subcommittee, Tim 2nd, all in favor.
Of note: Final version of the zoning map is forthcoming from Mike Morin and Bill Scanlan. It will be sent to Attorney General as well.
6. Invoices/Minutes review of last meeting:
INVOICES:
- Final invoice from William Scanlan:
Tim moved to approve payment of balance, Dick 2nd, all in favor.
- Attorney Cranston overdue notice: 2005-2007 (Central Tree Est.) $500.00
Copy was given to Mr. Blair this evening.
- Invoice for $15,000 from Cullinan for Blair
Steve will research for the bond (tri-partite).
- Quinn Engineering #2726 $157.50 Review Subdivision Rules and Regulations
- Steve Parker Payroll $2,225.00
- Cullinan Eng. #7190 3,675.00 Brunelle West
Hillside Gardens
(error received from Cullinan) Norman will send this invoice back to Cullinan.
Dick moved to approve invoices, Tim 2nd, all in favor.
MINUTES
- Regular meeting minutes of 6/22/10
Dick moved to approve with correction, Tim 2nd, all in favor.
- McAllister public hearing continuation of 6/22/10
Tim moved to approve, Dick 2nd, all in favor.
- Subdivision Rules and Regulations public hearing continuation of 6/22/10
Dick moved to continue, Tim 2nd, all in favor.
7. Demond Pond right of Way/Marc Elbag:
Demond Pond case determined that the right of way is a private driveway.
8. Site Plan Review/Steve Parker:
The site plan approval regulations in the Village Center and the landscaping as well will somewhat mirror the special permit for estate lots.
Steve will email members with information after which discussion will continue.
Meeting recessed for Public Hearing continuation on Subdivision Rules and Regulations at 8:30pm
Meeting reconvened at 8:45pm.
9. Subdivision Rules and Regulations:
A brief discussion took place regarding the need for the Board to be informed buy builders
before something is done. Moving forward Steve stated that the new regulations will state
Common state practice.
10: Open Meeting Law:
Agendas now need to be posted with Town Clerk and Dispatch 48 hours in advance.
11. Bear Hill:
Tim reiterated that there is still no 2nd egress.
12. Release of bonds Heritage Hill Drive, Central Tree Estates and Pleasantdale Estates:
Heritage Hill and Pleasantdale Estates
As town counsel has noted that the 10% retainage is discretionary on the part of the planning board and since the infrastructure and roadways appear to be in good condition after 5 years of use, well beyond the warranty period, Tim moved to release the entire surety, Stephanie 2nd, all in favor.
Central Tree Estates:
Based on the request of Attorney Cranston, Tim moved that the planning board reject the
Bond release on Central Tree Estates due to incomplete as built plans. Mr. Blair shall
be notified with a cc to Town Counsel. Dick 2nd, all in favor.
13. Delegates to CMRPC:
Dick will remain the delegate. Susan will complete and mail back paperwork.
.
There being no further business, the meeting adjourned at 9:10pm.
Respectfully submitted,
Susan R. Ducharme
SD/abm
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