Rutland Planning Board
Public hearing Brice Lemon continuation
10/28/14
Present: Norman Anderson, Dick Williams, Marilyn Sidoti, Addison Redfield
Excused: Tim Nahrwold
Guests: Refer to folder
Open hearing: 7:00pm
Chairman stated that this is a continuation pertaining to the approval of Brice Lemon subdivision between Charnock Hill and Main Street in Rutland.
Correspondence received from Chief, Haapakoski, Police Dept and Gary Kellaher, DPW.
(refer to regular meeting minutes).
Also referenced was an email received from Mr. Carl Hultgren, Quinn Engineering. He found one issue with the low pressure sewer lying as it was going under wetland crossing and stated that the updated plans addressed the frost protection recommendation. He has received the new set of plans and its okay.
Board comments:
Mr. Dick Williams asked Mr. Blair if he had a new set of 11x17 up to date plans.
Mr. Blair stated that he did not have the 11X17 but does have plans this evening that address everything; complete up to date plans with all the revisions. The last two weeks all the comments have been addressed.
Attendee comments:
Mr. Wayne Walker, Selectboard: Asked the Board which plan they are you looking to approve?
Chairman responded that it was approved five years ago. We are now looking at the
amended plan that has definitely changed (huge number of house lots, relocated, some roadways, there has been a change in location of open space and a change in the placement of the sewer lines which is not particular to the planning Board as this is not part of the subdivision.
He also asked if all departments in town have reported back to the Planning Board.
Chairman stated that the Police Chief, DPW have reported back however nothing has come back from Fire. The Conservation Commission is a totally separate entity.
Marcia Warrington inquired as to what the Board of Health’s status is on this.
She expressed concern with the septic system that spans 2 lots. She asked if these were denoted on the latest revised plans and were these plans given to the Board.
Chairman stated that the Board received nothing from the Board of Health.
Mr. Blair responded to Mrs. Warrington by saying that all boards and departments have received the plans and they have had 5 months to answer.
Conservation Commission closed the public hearing. Mr. Blair gave them an extension. They are now working on conditions. Plans have not changed.
Mrs. Warrington referenced the town bylaws and asked if the Lemon septic was on those 2 lots in all the revisions or just the latest discussed at the last meeting. She stated her concern that this could be opening the town up for litigation down the road if the Board approves a plan with someone else’s septic on those lots.
Chairman responded by stating that all revisions are on the latest set of plans. He further stated that this is an issue that must be resolved between Mr. Blair and Mr. Lemon. Once the Board receives a submission it goes to the Board of Health. Within the state regulations they are required to comment on this if they feel they have concern with the subdivision. The Planning Board has received nothing.
Mr. Lacy stated that it seems like the septic system on the 2 lots seems to be a new issue that has come up within a month or two. Would the Board of Health be able to discern when they got the plan to review? If it was not shown on the plan they could have easily missed it. They probably should be informed of these latest developments. Mr. Lacy’s handout to attendees referenced subdivision control law. The state says what you can do; however, the Planning Board authority is much broader.
Marcia Warrington: Asked who is responsible to protect historic sites, trees, stonewalls, etc.? “You’re the Board that goes by regulations”?
Attorney Kiritsy responded that the Board of Health is the only Board with authority. The statute requires the Board of Health review. They have a limited time and need to identify concern or deemed acceptance under the statute occurs. The preamble language identifies what the purpose of the law is. Based on these criteria the Planning Board adopts the subdivision rules and regulations. If a plan conforms to the rules and regulations it must be approved.
Marcia Warrington expressed her concern with comments from applicant. You need to review historic concerns prior to approval. How can this be approved with all that needs to be done?
Mr. Blair responded by saying that there is already an approved plan in place. This is an amended plan. It’s a better plan than what was there before. If denied, he will build the other plan.
Mr. Lacy stated that Attorney Kiritsy is correct. It’s more than just the roads to consider. Discussion ensued.
Chairman asked Mr. Lacy if he sees any area in our subdivision regulations that has not been explored or reviewed.
Mr. Lacy stated that he had not. Plans should have been preceded by constructively approved special permit.
Marcia Warrington asked if the order of conditions changed at all.
Chairman responded that the Board is trying to carry this to the next phase. In reviewing a subdivision plan, within the mutually agreed to the number of days, the Board has to take some sort of action this evening (approve, deny or take no action which would constructively approve the subdivision.). His major problem according to state regulations is if the Board approves tonight we have to file plans and the certificate of action with the town clerk tomorrow. We need time to review and develop our conditions of approval.
Marilyn Sidoti expressed that she is not comfortable approving and writing conditions tomorrow.
Dick Williams would like time to look at the new set of plans and the time is needed to prepare and finalize the Form F (Certificate of Action).
Chairman suggested closing the public hearing this evening without approving the plan. This would offer the Board the time they need to prepare the waivers and conditions granted with the plan to enforce the certificate of action.
Marcia Warrington expressed disagreement. The Board over exercised its authority she said.
Chris Warrington stated that this has been going on for 12 years.
Chairman stated that there is no mechanism for the Planning Board to enforce it per town counsel. Discussion ensued.
Attorney Kiritsy responded by saying that this is not an enforcement hearing. The only thing on the table is our application. He informed the Board that he will get copies to the Board with Carl Hultgren’s letter with waivers as well.
Marcia Warrington referenced the upcoming 11/18/14 DPW and Selectmen joint hearing and asked how this would affect the process?
Chairman informed her that the hearing will be on water and sewer which is separate from the Planning Board’s process approving a subdivision.
Mr. Jeff Lacy stated the sewer lines on the project are shown on the plan. They feed out onto Charnock and to 122A (sewer lines would have to be re-arranged) and some adjustments and modifications would need to be done.
Mr. Blair will be connecting 2 pumping stations which will have an added pipe which would be seen as an amendment.
Dick moved to close hearing. Mr. Blair and Attorney Kiritsy will return on 11/10 at 6:30pm pertaining to Form F (certificate of action). After this meeting the Planning Board will have until 11/13/14 to the Form F Certificate of Action submit to the town clerk.
Hearing closed at 7:42pm.
Respectfully submitted,
Susan Ducharme
Susan R. Ducharme
Secretary
SD/abm
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