Rutland Planning Board
Minutes
8/26/14
Present: Norman Anderson, Addison Redfield, Marilyn Sidoti, Dick Williams
Excused: Tim Nahrwold
Guests: Attorney Paul Cranston, Phyllis Booth, Wayne Walker, Jeff Lacy
Open meeting: 6:30PM
Review Minutes of 8.12.14:
- Regular meeting minutes: Addison moved to approve with corrections, Dick 2nd, all in favor.
Invoice: Quinn Engineering re: Brice Lemon
Chairman distributed copy of Brice Lemon spreadsheet.
Discussion ensued. Since amended plan has required a very extensive review the Board suggests replenishing the review fee to the original first third.
$21,535.70. A letter will be sent out to Mr. Blair.
Discussion with Mr. Jeff Lacy regarding conservation restriction on town land (Article 97) took place. Dick stated that the old easement is like a deed restriction, not Conservation Restriction. Dick will call Mr. Lacy to discuss how the Board may be able to modify and design their own. Jeff will give the Board a copy of his model.
- Mr. Jim Kahn, represented Mr. Patrick Sarkasian regarding a 5.5 acre parcel which was sold (garage has potential encroachment on Mr. John Bell’s property). This will be deeded to Mr. Evan and Angela Swayze.
Dick moved to endorse the plan, Addison 2nd, all in favor.
Check number 1587 in the amount of $400.00 was received.
Meeting recessed at 7:05pm for public hearing continuation on Brice Lemon Subdivision.
Meeting reconvened at 7:35pm for historic review of Brice Lemon with Mrs. Marcia Warrington.
Mrs. Warrington: Referenced the Certificate of Action and asked how does the Board have any teeth or meat in this? She wants to know how we get answers and how you enforce it.
Chairman: Explained the Board’s reasoning process regarding the extremely stringent phasing requirements. By putting “historic in the language” something was created that could not happen.
Mrs. Warrington: Responded that it could have happened. She continued that the landmark is officially being threatened and put under the rug. She asked the Chairman who enforces the certificate of action?
Chairman: Stated that the town’s engineer’s review is being done and the Board only has the power to rescind a plan. He further stated that the Subdivision Control Law is a Massachusetts State Law.
Mr. Warrington: Stated that from the very onset what was needed to proceed was established and four months have been pushed under the rug. He believes Mr. Blair should go back to Mass Historic.
Discussion ensued.
Marilyn Sidoti: stated that she spent time reviewing the zoning regulations and subdivision regulations. She further stated that she understands the Warrington’s concerns but she said that the Board does not have any authority to make a determination based on historic relevancy.
The Warrington’s were informed that DEP, DCR and Army Corps of Engineers will require a 404 under the new project. The 404 will also trigger the 106.
The Board is unable to do anything further on historic concerns. Discussion ensued.
Attorney Cranston letter that triggered discussion about the historic aspect was referenced.
Meeting reconvened at 7:34pm.
Mail:
Mr. Gary Cunningham application for sign at 91 Main Street. He is looking for a waiver. Rick Travers letter was referenced.
Sign Bylaw was referenced.
Release of Covenant for Highlands Brunelle East: Attorney Amy Chism and Joe Kupstas are requesting this. Members will look in the archives at the town hall to find.
Jackie O’Brien requested the Planning Board’s approval to order paper and toner.
Board authorized this.
Discussions ensued on Quinn Report and Board concerns.
Future meeting: Discuss Articles in Quinn’s report re: Brice Lemon.
There being no further business the meeting adjourned at 9:00pm.
Respectfully submitted,
Susan R. Ducharme
Susan R. Ducharme
Secretary
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