Rutland Planning Board
Minutes
11/25/14
Present: Norman Anderson, Dick Williams, Addison Redfield, Marilyn Sidoti, Tim Nahrwold
Guests: Jeff Lacy, Henry Toboyko, Mark Elbag, Jr., Will Cassanelli, Acting Building Inspector
Open meeting: 6:32pm.
Two part form for extending a public hearing and extending time to decision:
Mr. Lacy referenced the above document that he had previously presented to the Board.
The working document can be used for public hearings, special permits, etc.
The document’s purpose is two-fold. The upper half is for an agreement to continue public hearing and the bottom half is an agreement to extend time limit for decision.
(Board can use form for both and add 35 days to decision which would give them two meetings to prep and set up for decision). Original should be given to the town clerk and a copy filed in the planning board subdivision file. Moving forward this form will replace the previously used extension form.
ANRs:
Mr. Mark Elbag, Jr. presented two plans:
- Glenwood Road (7.82 acres with 300 foot frontage). Plan was reviewed.
Addison moved to endorse the plan, Tim 2nd, all in favor. Check # 1066 in the amount of $400 from Elbag Brothers was received.
- Glenwood Road (cutting one lot off near the rail trail) Greenstone Development, Inc. Plan was reviewed. Check #176 in the amount of $400 was received from Ralph and Mary Coloiaro. Addison moved to endorse, Marilyn all in favor.
Waiver request on Locke Road/Mr. Henry Toboyko:
Mr. Toboyko stated that he purchased the land on Lock Road from his brother in 1946. The state relocated several times doing harm to his frontage (now there is a buffer). He has 2.5 acres but needs additional frontage. He purchased the property before the Cohen Bill went into effect in 1992 and stated that he was told he could build a lot. His property has been assessed at $50,000 which he has been paying for years. He recently spoke with Mr. Will Cassanelli (acting building inspector) who is present this evening as well. Will has not given Mr. Toboyko a rejection letter yet. After a lengthy discussion the Board advised Mr. Toboyko will try to purchase 3 additional acres as he does have the required frontage for an estate lot but not the acreage. The Board also advised
Mr. Toboyko to go to the Zoning Board of Appeals once he is given the rejection letter and to obtain an attorney to assist him with the matter.
Review minutes of 10/28/14.
- Regular meeting minutes: Dick moved to approve with corrections, Addison 2nd, all in favor. Tim abstained.
- Brice Lemon Subdivision public hearing: Dick moved to accept with corrections, Marilyn 2nd, all in favor.
Of note: Letter from the Board of Health stating that they had no objection to the plan (dated 11/3/14) was read.
Brice Lemon Subdivision discussion:
Chairman stated that he spoke with Mr. Gary Kellaher, DPW, regarding the sewer and water lines. Gary informed him that Mr. Blair wants to run sewer lines along the side of the road (Main and Charnock Hill). Mr. Kellaher would like this run under the pavement. The DCR issued a cease and desist order on 11/24/14 which constitutes official notification that the recent earthwork observed by DCR officials at the subdivision is a violation of the Watershed Division for a variance
Letters from Mr. Pula, DCR (11/25/14) and from Mr. Clealand Blair, Jr. re: Brice Lemon were copied and given to the Board for homework.
Bear Hill I and II:
A joint informational meeting pertaining to egresses was held with selectmen and Gary, Kellaher, DPW head, Planning, Health and Conservation commission representatives.
Mail:
Sunnyhill Estates:
Letter from Traveler’s Insurance Company (dated 11/21/14) on subdivision bonds issued in the amount of $25,000 was read. Letter releases bond and Traveler’s Insurance Company from any responsibility. Discussion ensued regarding Edith Lane (? Acceptance), Karen Way (not accepted) and Cheryl Ann Drive (what the best legal way would be to shut down parts that are not built out). Is there any way to close it? Who is the oblige? (Town of Rutland?). If so, would Town of Rutland need to sign off on this. The Board suggested Chairman Anderson contact town counsel, Attorney Cranston for a legal opinion.
Annual Christmas Luncheon: 12/18/14 at 12pm.
Planning Board Stipends: Chairman Anderson will put in for these.
There being no further business the meeting adjourned at 8:55pm.
Addison, Tim, all in favor.
Respectfully submitted,
Susan R. Ducharme
Susan R. Ducharme
Secretary
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