Rutland Planning Board
Minutes
Special Meeting
6.4.14
Present: Norman Anderson, Dick Williams, Marilyn Sidoti, Addison Redfield
Excused: Tim Nahrwold
Open meeting: 6:33pm
Discussion: Regarding roles, jurisdiction, responsibilities and requirements of various agencies in relation to development.
Marilyn Sidoti did some extensive research on the following:
- Code of Mass Regulations (Title 950) is part of the Mass Historical Commission.
- Army Corp Engineers is the leading environmental preservation and restoration agency which carries out natural and cultural resource management programs at its water resources projects and regulates activities in the Nation’s wetlands (all water that touches land). They review any federal permit, etc. Options of the Corps include either doing nothing, reviewing a programmatic general permit or triggering a 404 review (Section 404 of the Clean Water Act).
- Section 106 is triggerd by the 404. MCH completes it using federal regulations. State Historical Protection Officer is part of MHC. MHC reviews any state permit issues.
- Section 106 National Park Service operates many historic landmarks.
- Other organizations include MEPA, DCR and EPA.
- Advisory Council of Historic Preservation is independent of other organizations. They have legal authority and are advisors to the President and Congress and oversee everyone else.
- National Trust signed by Harry Truman in 1949, received federal funds from 1956-1996
- Advisory Commission took over a bigger role. Massachusetts Historical Commission has a database called MACRIS) Massachusetts Cultural Resource Information System – Database is on line.
- National Park Service is the official list of the Nation's historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources. They operate many historic landmarks.
- National Register of Historical Places and Massachusetts Historic Commission (MHC): Informational document about Review and Compliance was copied and given to all members to review. Discussion ensued to include:
- What is the Planning Board’s ability to issue subdivision permits? What if a developer
does not obtain these permits?
- MEPA process
- State Review regarding historical properties (Chairman’s packet)
Memorandum of Agreement (MOI) proponent, applicant, etc.
- Conditions of Subdivision approvals are much more lengthy now compared to a few
years ago. The Board should obtain sufficient guarantees before construction starts to be
certain of completion (approvals should be in place prior to construction).
- It was suggested that the Planning Board seek assistance from CMRPC or Mass
Federation Planning Boards
- A written agreement signed by consulting parties should be obtained.
- If any project undergoes a MEPA review a MOA should be signed.
In what way is the Planning Board process impacted? (make mention of this in the Board’s letter of approval if it’s the agencies responsibility). Review, set conditions, issue zoning permits and under the laws given to the Planning Board if someone the Board gives a permit to, violates this permit, this should supersede what we have done.
The developer would have to deal with it.
- Pump station being part of an owners lot (when a plan is drawn developer should show
a fifty-foot right of way with a pumping station drawn on the plan).
right of way on the plan with a pumping station.
- Plans should show easements and storm water management. Detention ponds need to be
cleaned, etc.
- Future agenda item: RE: Easements in subdivision regulations: Whether detention ponds
should be on private lots and pumping stations.
- Add a Homeowner’s Association (where common land is involved developer should say
why he wants to retain ownership of the land). The Board questioned eliminating the option in open space design. Is it the owner or individual or corporation? What if the corporation dissolves?
- Why a builder can have as many subdivision plans approved without rescinding a
different subdivision approval (i.e. part on one plan and part on another development plan?) Town Counsel will be consulted.
- Rescinding plans (need to hold a public hearing). Set a precedent only one piece of land at a time. Allow more time before holding a second public hearing.
The Board thanked Marilyn for her research.
National Trust is totally private now.
Future agenda item: When a builder is building a house to replace an existing home should he/she be allowed to live in a trailer or an existing house while is being done?
There being no further business the meeting adjourned at 8:00pm.
Respectfully submitted,
Susan R. Ducharme
Susan R. Ducharme
Secretary
SD/abm
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