Rutland Planning Board
Public Hearing
Continuation Brice Lemon Subdivision
Minutes
7/8/14
Present: Norman Anderson, Addison Redfield, Marilyn Sidoti, Dick Williams, Tim Nahrwold
Guests: Refer to attached sheet
Open meeting: 7:24pm
Chairman stated this is a continuation of the public hearing from May 27, 2014. Last session comments from Quinn Engineering were gone over.
Chairman spoke with Carl Hultgren of Quinn Engineering today. He has no further report to date. He also spoke with Attorney Paul Cranston regarding the special permit for open space. Mr. Cranston does not feel it would be necessary to hold a public hearing on the open space. He will be sending a letter to the Board.
Mr. Blair stated that he met with the Conservation Commission over the last 2 weeks. He was asked for a lot of revisions. Pertaining to storm management, etc. He will be getting the comments to Quinn Engineering. He is finally done with revisions.
Comments:
Richard Helle: Will the 2004 special permit be addressed?
Chairman Anderson:
- Has significant problems with language (2 year expiration on special permits).
- The number of agencies approval required could put someone in an impossible situation.
- The Board did not take any specific action in any way beyond the initial approval.
- Mr. Redfield stated that he is fully on board with the Chairman’s thoughts on this.
Marcia Warrington: Asked who created the bylaw?
Jeff Lacy: Referenced the bylaw and stated that the bylaw is written the only way it can be written per state bylaw. The lapse happens after 2 years. If there is good cause the Board decides whether applicant used this.
Clealand Blair, Jr: Referenced the MEPA certificate stating that nothing further is required and no longer is subject to review under Army Corps of Engineers.
Marcia Warrington: Why hasn’t the Board’s order of conditions been exercised? She also stated the Board should be receiving something from the Mass Historic Commission via email. They are given a review of every permit in the fall and early spring. They will become involved if there is an appeal on the new re-designs. She has everything in writing and will get this to the Board.
She further stated the applicant never completed photo simulation.
Clealand Blair, Jr: Stated that Mass Historic had their opportunity. He again referenced the certificate.
Chairman Anderson: Stated that the Board cannot sort all of this out. There are pieces or interpretations that are not all fitting. Attorney Cranston will be asked to come to the continuation hearing.
When asked by Mrs. Warrington if the Board reviewed letters she sent via email Chairman stated yes all have read the letters and have not seen any absolutely definitive documents from Mrs. Warrington or Mr. Blair.
She also asked why the Board has not responded to her on her request pertaining to the order of conditions. Chairman Anderson responded that once the Board has answers for her, a response will be given.
Jeff Lacy: Suggested getting the Mass Historic Commission here.
Mr. Blair is of the thought that these would just be opinions.
Chairman stated the Board needs to hear from Town Counsel, Attorney Cranston to obtain a definitive answer.
Michael Sullivan: Referenced Mr. Redfield and Mr. Anderson’s comments pertaining to getting special permits done in 2 years.
Clealand Blair, Jr.: Stated that the historic thing has nothing to do with the amendment. The hearing is on the amended subdivision.
Chairman Anderson thought this to be a good point made. The hearing should pertain to the amended subdivision plan.
Jeff Lacy: Stated that a new special permit would be needed if the old one has lapsed. This is significant to the amendment.
Chairman Anderson and Board members: agreed that they need a suitable opinion with some direction from town counsel. There is a trail of 8 years worth of documents going back to 2009 and may even go back to 2004 or 2005.
Michael Sullivan: Asked why it was that the board could not establish a paper trail?
Chairman stated that a high percentage of the paper trail has no definitive answers. The Board is looking for a route to follow.
Marilyn Sidoti: Informed Mr. Sullivan and those present that she spent a lot of time researching the documents which are very general, other than the Rufus Putnam lived there and it’s a beautiful piece of property. No specifics
could be found, etc. She did not feel there was a lot of concrete documentation to “pin your hat on” that convinced her. The other issue is the National Trust… which is not a federal agency. In 1961 it became a private organization… like trustee of the reservation.
She continued that the Board’s major frustration is that we need Attorney Cranston to come in to connect the dots before any Board response can be given. “We all agree it is an important piece of property. What are the national organizations determination of the hundred something acres divided into chunks when others were sold off? What is their opinion of the land, not the house?”
Bill : Stated it was called the General Rufus Putnam Farm and 135 acres are deemed historically significant in the Library of Congress.
Marcia Warrington: Stated that for 10 years she has been trying to say it’s nationally and historically significant. She is not going to let this go without a fight. It’s not just the house. Its 135 acres of land. Having 4 houses is a lot different than the 112 homes being proposed.
Clealand Blair, Jr.: Referenced Article #26 in the zoning bylaws and stated that this is the Board’s condition. He believes he has met that. He submitted a report to the Board. In his opinion it was an appropriate review.
He is filing a 404 and everyone will be getting their review which will go out this week.
Marcia Warrington: Stated she will show, in writing, that Mr. Blair has not done photo simulation.
Chairman Anderson would take this into consideration. If Army Corps does get involved it does require a 404 and a 106.
Discussion:
If 404 is definitive and is going to be part of the project will it matter to the Board in approvals, conditions, etc.
Chairman Anderson: End result is MOA (memorandum of agreement. It would then probably be between the applicant and Mass Historic Commission. Attorney Cranston would need to be asked this.
Jeff Lacy: Stated that the town needs a planner. He will try to assist with this.
Michael Sullivan: Referenced the sewer line coming up Charnock Hill Road. It’s the Board’s responsibility to look out for the health, safety and welfare of the residents. Linear footage is ¾ mile. As a taxpayer in town the Board has an obligation to consider this. Also, he looked at the phasing plan. It has a roadway over 1000 feet with 20 houses on it. He is concerned with erosion problems.
Chairman Anderson: Stated that 1000 feet for 20 houses has been totally misplaced in these discussions. He believes that those restrictions were not to be applied to any phasing but to when the subdivision is done. The length of dead end and number of houses is not a consideration).
Marcia Warrington: How does the Board protect and require that they get all permits prior to building a house?
Clealand Blair, Jr.: Responded that you have to grade to build the roads. This is another condition we have.
Bear Hill was referenced. Mr. Blair stated that it should have been done in phases.
Hearing was continued to 7/22/14 at 8:00pm with the understanding that Attorney Cranston can attend. If not, the hearing will be opened and continued to a meeting in August.
Addendum: Chairman Anderson stated that no house will be built until all necessary and appropriate permits are approved.
Respectfully submitted,
Susan R. Ducharme
Susan R. Ducharme
Secretary
| 
