Rutland Planning Board
Minutes
August 24, 2010
Present: Norman Anderson, Dick Williams, Lester Grace, Stephanie Bacon, Tim Nahrwold
Staff: Steve Parker, Susan Ducharme
Guests: Addison Redfield, Bryan Mozio, Marc Elbag
Meeting opened at 6:33pm
Susan Ducharme Payroll of August 251.60
Tim, Dick all
2. Dick Williams Report (Refer to 8/10/10 report) after his review of the proposed “Source Water Protection Plan By-law” submitted by Rebekka McDermott, Mass Source Water Protection Specialist at the board meeting of 7/13/10.
Dick stated that the original zoning bylaw of May 19, 1979, Article 21 is short and to the point! Why make it large, hard to follow?
Discussions included:
- Forestry plan facts are wrong. In the last 25 yeas plus, the forest has been logged twice, but has not been cleared of trees next to Muschapaug Pond.
- Continue to monitor agricultural activities: When was the last time a visit to the farmer’s was held?
- Wachusett Reservoir Watershed: Not all stream and rivers located in Rutland are tributaries of Wachusett Reservoir Watershed Zone A. Quabbin and Chicopee were referenced.
- Dairy farms – Manure storage and all drainage is piped to Wachusett Watershed side of the Hill – proposed bylaw points to the local Dairy Farmers
- Watershed characteristics
- Management of pesticides
- Pathogens, animals, etc.
- The by-law would try to keep geese away. How can you keep geese away?
- Maps and pictures are outdated
- Water treatment recommendation
- This is the government’s way of total control of Muschopauge Reservoir. They want right of first refusal. As it is now the town can buy any property it wants by eminent domain.
- The pond is spring fed with an intermittent spring. Was there ever a study done on this? Water comes from New Hampshire. Don’t want someone tapping into our spring.
- They want control of Zone C
- Lots of errors were found in the agency’s report
Steve commended Dick on a job well done. He also suggested forwarding Dick’s report to Gary Kellaher, DPW or writing a memo to Gary stating that the Board would like to thank the agency however however, after the board’s thorough review it is the board’s opinion that we have more regulations in place. The agency is proposing the town adopt this bylaw. The Board is recommending that no action be taken, Dick, Tim, all.
3. Cullinan Letter re: Invoices on Clealand Blair subdivisions:
Chairman stated that he received a response from Cullinan. Cullinan expects to be
paid for work done or they will suspend any work with Blair subdivisions until this
situation is resolved. Discussion ensued.
Steve will send a letter along with Cullinan’s correspondence to Attorney Cranston
for his review.
Invoices have been given to Mr. Blair and Chairman has met with him as well. To date, no response has been received from Mr. Blair.
A lengthy discussion ensued.
Chairman decided that he would call Attorney Cranston and hand delivers the correspondence to him to him for immediate action.
Tim moved, Dick 2nd, all in favor.
4. Bryan Mozio, ANR plan. 66 Maple Ave. (Rt. 56):
Mr. Mozio would like to add to an existing lot, however by our zoning standards the lot is a non-conforming lot and does not have the proper frontage. R40 zone would require an acre). Mr. Mozio would need to obtain a variance from the ZBA to change the property. Chairman would like to obtain a legal opinion. Norman will bring a copy to Attorney Cranston for review. If he says it’s not an expansion of a non-conforming the board will sign at the next meeting. Mr. Mozio will be contacted. Home: 508-886-9039 or work: 508-886-4401.
5. Site Plan Review:
Steve presented copies with corrections made to all present. Steve would like to vote on this tonight. Checklist will be added which will include information in the body of the form. Vote to approve as is with the checklist to be added or wait.
Refer to attached.
Dick moved to adopt the application for Site Plan Approval presented before us.
Motion was amended to have Susan add to the bottom of each page adopted 8/24/10, with page number in terms of 1of 3, 2 of 3, etc. (5 pages). Tim 2nd, all in favor of amendment.
Addison noted that page 3, paragraph. C needs to be corrected.
Dick amended his motion to include the corrections noted, Tim 2nd, all in favor.
6. Central Tree Bond Reduction:
Question raised: Was there a time frame on when the hydrant is going in? Cullinan is not doing the as built. No correspondence has come in to date. Once letter comes the Board will have 45 days.
7. Subdivision Rules and Regulations:
Carl Hultgren is on vacation. Steve will call him next week to give him a date/time to come in. Continued to 7:45pm on 9/18/10. Dick, Tim, all.
8. Bear Hill Bridge discussion:
Chairman stated that virtually all the steel is in place except for the decking. Steve and Norman walked the site. Tim stated that the cross pieces should be bolted not welded. Some pieces of the steel beams are going to be galvanized. Bridge decking just lays across the eye beams. Chair stated that it is progressing.
Tim expressed his concerns. Every drawing but two does not have an engineer stamp. The only stamp is on the plan showing the footings. The plan with the bridge does not have a stamp. Chairman stated the Board will request another copy of the plans detailing on all pages an engineer’s stamp. Steve will contact Gary Kellaher and will call Clealand Blair to request a complete set of plans.
Other discussions included:
- Who is responsible for checking the bridge? Has Cullinan been there?
Where are the inspection reports? Structural steel should have been inspected per Tim.
- Chairman suggested that the Board request a detailed schedule of the planned inspection schedule and a report of the bridge that was constructed.
(Concern: Fill could sink 6 inches to a foot in the future).
Steve suggested that a letter be written to request a copy of inspection reports and stamped plans.
The possibility of obtaining a “Cease and Desist” was discussed. Attorney Cranston will be consulted first. Norman will include a letter requesting payment with correspondence.
Steve will have that letter by next agenda as Mr. Blair will be here for McAllister.
He suggested the Board let Attorney Cranston deal with all the legalities. Steve will also send a letter to Mr. Blair regarding the bridge.
Tim moved that Steve send a letter to Mr. Blair requesting that he forward a stamped seal for the milestone inspections reports on the bridge inspection points, within the inspection reports, and engineered stamped documents along with a schedule for future inspection reports. Lester 2nd, all in favor.
9. Future additions to the agenda:
-ANR’s will be at 6:45pm
- Under Old/New Business:
Active subdivisions will be added
10. Brintnal Estates status:
Tim would like and update on the status of the Brintnal Estates bridges and conservation on DCR variance. Where is Clea in the process?
This will be added under “new business” to the next agenda.
Additional items to be added will include: Cullinan invoices, Contract, Bridge, Brintnal Estates, Active subdivisions at 9:00pm.
11. 61 a Maykel - Memo from Board of Selectmen:
Correction is needed: 59.35 acres should read 54.49 acres
Stephanie recused herself.
Dick made a motion to return the document for proper correction, Tim 2nd all in favor.
Vote will not be taken until such time as the cover sheet is corrected.
Adjourn: 8:34pm.
Respectfully submitted,
Susan Ducharme
Secretary
SD/abm
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