Rutland Planning Board
Minutes
10.28.14
Present: Norman Anderson, Dick Williams, Marilyn Sidoti, Addison Redfield
Excused: Tim Nahrwold
Guests: Clealand Blair, Jr., Clealand Blair, Jr., Jeff Lacy.
Open meeting: 6:30pm
Review minutes:
- 10.14.14 Brice Lemon public hearing continuation: Dick moved to approve with correction, Marilyn 2nd, all in favor.
- 10.14.14 Regular meeting minutes: Dick moved to approve with correction, Marilyn 2nd, all in favor.
Chairman Anderson referenced the following letters received today:
- Gary Kellaher, DPW email requesting the Board extend the public hearing for any action that was to be had tonight for the approval process on the certificate of action on Brice Lemon. He received the plan last week and has not had time required to review the plans I received last week. In all fairness to the boards and town should not be hasty. There is also a second public joint public hearing on 11/18 to discuss any and all issues at the public library.
- Police Chief Haapakoski letter of 10/21/14 – After reviewing the plans for the BL
- He recommends the Board of Selectmen should vote to establish stop signs at Charnock hill at the entrance to the project and Main Street and all turnarounds (cul de sacs). All roads should be named with distinct names, not names with those we currently have in town.
- Nothing has been received from Fire Department.
Chairman, in preview to this hearing, stated that the Board has an extension until tomorrow to take action. The plan would be constructively approved unless we can get an extension. We could approve or deny the subdivision or say nothing and the subdivision would be constructively approved. Discussion ensued.
Mr. Jeff Lacy asked if waivers were requested and are they shown on the plan now?
Board is not sure as have not received the latest version. Chairman stated that the Quinn Engineering report has addressed the required waivers. Quinn commented and left some waivers up to the Board. The Board decided that there were a few waivers they did not want to approve. These would be discussed and denoted when the conditions of approval and waivers are set within the certificate of action.
Mr. Jeff Lacy informed the Board that if they are forced to take action this evening and are contemplating denial and/or have not had adequate time to review the waivers they can request additional time from Mr. Blair. Discussion ensued.
Meeting recessed at 7:00pm for public hearing continuation Brice Lemon Subdivision.
Meeting reconvened at 7:42pm.
Bear Hill II discussions: Mr. Blair stated that there may be some doubt at this point. pertaining to the submission. The Planning Board approved this plan 7 years ago. The front of the plan says registry use only and the plan was never recorded. He also stated that he cannot find the mylars. He did take a copy of the signed plans and form F so he was able to print new ones. Signatures are not the same. Planning Board members were not all the same members as today. Mr. Blair is looking to remedy this problem. Subdivision was put on hold. Situation has not changed. He is looking to proceed.
Mr. Jeff Lacy informed Mr. Blair that if the plan is not filed with registry within 6 months or with Board within 30 days according to the subdivision regulations the plan is dead. There may possibly be some way to remedy this rather than go through the entire subdivision process; however the Board would want the opinion of town counsel pertaining to the case of lost mylars.
There are another 16 lots at top of Bear Hill. Mr. Addison Redfield informed Mr. Blair that over the years the Board has been very conciliatory and cooperative. He expressed concern that there is no road onto Brintnal and the temporary driveway remains and shows no signs of being closed off (looks like a throughway).
Mr. Blair stated the plan was approved and the recorded plan shows exit to the subdivision. The temporary safety entrance is only there until subdivision is completed.
The Problem is on Brintnal (Grizzly Drive out to Brintnal) was referenced. Mr. Blair stated that the holdup is due to issues with MEPA, DCR, Army Corps of Engineers, sewer moratorium and bridges. Economy has forced him to do this.
Mr. Redfield referenced the original Bear Hill subdivision. He was not on the Board when the temporary road was built. He is concerned with site lines.
Discussion on Brintnal Estates:
Attorney Kiritsy stated that the abandoning connection was done as part of Brintnal Subdivision. Bear Hill 1 is tied in to Brintnal Estates and Mr. Blair built a portion of Brintnal 1 subdivision. Bear Hill exited out onto Brintnal Estates. Brintnal 1 was re-designed.
Chairman stated that the current plan shows a temporary road that will be restored to the original.
Mr. Blair stated that he has been focused on Brice Lemon Estates which has been a lengthy process. MEPA process took years for Brice not counting the economy, permit process nightmare, etc.
DCR has not gotten involved yet. There could be a variance but DCR has not seen it yet.
Chairman mentioned that Brintnal Estates has unusual conditions of approval. It was stated that all road and infrastructure must be complete in 5 years.
Attorney Kiritsy suggested a simple extension be done (go back and look at certificate of action on Brintnal Estates, Governor extending permits, etc.).
Discussion of various items:
Chairman questioned what needs to be done pertaining to the lost mylars?
Board would need recommendation and opinion from town counsel.
Mr. Jeff Lacy recommended Mr. Bob Mitchell who is most knowledgeable with 81X. He suggested the Board have Attorney Cranston look at Bob Mitchell’s.
Chairman and Board would like to see movement on Brintnal.
Mr. Blair affirmed that he would do this. Addison moved to ask town counsel for an opinion on the re-registration on Bear Hill II, Marilyn 2nd, all in favor.
Upcoming town meeting:
Modification of dog bylaw: Town Clerk is looking to modify this. (not on this warrant).
Citizen’s petition: To track door to door salesman.
Discussion ensued.
There being no further business the meeting adjourned 8:35pm
Addison moved, Marilyn 2nd, all in favor.
Respectfully submitted,
Susan Ducharme
Susan Ducharme
Secretary
Rutland Planning Board
SD/abm
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