Town of Rutland Planning Board
Minutes 10/24/17
Location: Town Hall Annex 246 Main Street
Opened: 6:30pm
Note: This meeting was recorded for the secretary’s records.
Present: Norm Anderson, Marilyn Sidoti, Shawn Moore, Dick Williams, Tim Nahrwold, Jeff Bagg
Guests: Mark Elbag, Jr., Will Cassanelli, Seth Knipe, Robert Liptak, Thomas Ruchala, Reed Palmer, Sarah and Thomas Galvin
Review minutes: The board reviewed the minutes from the 10/10/17 meeting. Shawn made a motion accept the minutes. Marilyn 2nd. Norm, Shawn and Marilyn voted favorably. Dick and Tim abstained. The board reviewed the minutes from the 10/10/17 public hearing on the Prospect Street Estate Lot. Marilyn made a motion to accept the minutes. Shawn 2nd. Norm, Shawn and Marilyn voted favorably. Dick and Tim abstained. The board reviewed the minutes from the 10/10/17 public hearing on the mixed used property in the Town Center District submitted by Lussier. Shawn made a motion to accept the minutes. Marilyn 2nd. Norm, Shawn and Marilyn voted favorably. Dick and Tim abstained.
Review Mail and Invoices: The planning board received a signed letter date 10/24/17 from the DPW, Fire and Police Chiefs requesting copies of all future preliminary subdivision plans, ANRs or other development proposals 14 days in advance to have time to review and give feedback on such projects. Seth informed the board that they will have a scanner to make digital copies of plans soon.
ANRS: Elbag presented an ANR on Ridge Road. The ANR adds area to lot 5. 5A is a non-buildable parcel. The board reviewed the plans. Dick moved to endorse the plans as presented. Shawn 2nd, all in favor. The board signed the plans. Check #1202 in the amount of $400 was accepted.
Bear Hill I: The board discussed the trees on Bear Hill I. The board referenced the minutes from the last meeting where this was discussed. Dick feels that if Blair does not put the 3 trees per lot, then the money that would have been spent on those trees should go to the open space recreation fund. Jeff feels the request needs to be in writing to modify the subdivision (reference page 40 of subdivision regulations). Dick feels the road cannot be accepted until this matter is taken care of.
Public Hearing – Elbag Brothers, Inc. – Special Permit Application to create 1 Estate Lot on Glenwood Road Opened: 7:00pm Closed: 7:21pm See Public Hearing minutes
Tim made a motion to approve the special permit for the estate lot located at Lot 2 Glenwood Street. Shawn 2nd, all in favor. Laurie reminded the applicant that a set of envelopes for the abutters is required to send out the notices of decision. Jeff said he would make a copy of the plans to send to KP.
Public Hearing – Elbag Brothers, Inc. – Special Permit Application for a Common Driveway on Glenwood Road Opened: 7:34pm Recessed: 8:03pm See Public Hearing minutes
Public Hearing – Elbag Brothers, Inc. – Special Permit Application to create 1 Estate Lot on Prospect Street Opened: 8:04pm Closed: 8:15pm See Public Hearing minutes
Shawn made a motion to approve the special permit for the estate lot at lot 7 Prospect Street. Dick 2nd, all in favor. Laurie reminded the applicant that a set of envelopes for the abutters to be sent the notice of decision will be needed by the next meeting.
Since Blair was not in attendance, nor a representative from his company, the 3 agenda items regarding Blair were skipped. (Glenwood Place – Resigning Mylar, Trees on Bear Hill I and Sedona Circle Bridge)
Soucy – Sign on 83 Maple Avenue: Soucy presented a 3 by 6 foot sign. It will be hand carved with gold leaf paint. It is not a self-lit sign. Jeff said external lights must point directly onto the face of the sign so as not to shine into oncoming vehicular traffic. The board reviewed the bylaws. Norm asked about the sign location. It needs to be 5 feet off the property line. Soucy said the sidewalk is on his property and that he put it in himself. Tim made a motion to approve the sign and to send a letter to the building inspector. Dick 2nd, all in favor. Laurie will send a letter to Will saying that the Planning Board approved it and that Soucy can apply for the permit.
Soucy – Financial Account Balance: Soucy had submitted a check for the Spruce Hill Estates subdivision. Later he withdrew the application and submitted ANRs instead. Tonight we discussed how much money should be retained to cover administrative fees. Tim thought 10% should be withheld. The legal ad comes out of the administrative fee. This sounded fair to Soucy as well. The planning board will retain $650 for administrative fees. Soucy said he will be submitting a Senior Housing Project in the near future as well as the plans for his own house.
61A land intent to sell on Central Tree Road: Soucy has interest in this land. Dick said the land is in the watershed district. Tim said the owners should submit a correct drawing as part of the submittal for the 61A application. Norm said that is not required for this part of the process, but rather will be an issue when someone applies for a building permit. Jim was given advice by Tim to make sure the plans are clearly marked with actual watershed district lines before coming before the board with plans. The planning board is going to send a letter to the board of selectmen recommending the watershed district location be properly documented on the map before the planning board votes on the 61A land on Central Tree Road. Jeff referenced Zoning Bylaw Section 12 part B. Laurie will send a letter to
Abby, the secretary of the select board.
Bear Hill Street Acceptance: Blair would like the street acceptance on the warrant for the 11/15/17 meeting. The board of selectmen is considering this. The vote will occur at the next Select Board meeting 10/30/17. The trees have still not been put on this street. The Galvins agree with the board that this should be up to the homeowners. The Galvins brought up safety concerns on Grizzly. There is construction equipment everywhere. Sarah had brought in pictures to the show the board. Tom said between 19 and 25 Grizzly there is garbage and hunks of cement. Jeff advised them to go before the select board with their concerns. If it gets put on the warrant, he advised them to come to the town meeting to voice their concerns. Sarah said they still need to loam
and hydro seed. Norm noted what he observed on a recent visit: there is no access to the propane tanks at the sewer pump station, no loam and seeding from #30 to the bridge, miscellaneous construction debris, edge of pavement at 26, 28, and 30 needs a patch, needs feathering at intersections of driveways and the sidewalk at numbers 18, 10, 8, 4, 2, 28 and 24, a pile of debris across from #32, there were also a couple of issues with the latest Quinn report concerning the sidewalks. Norm gave a copy of this list to Clea and this is not a complete list. Tim said that with a letter from Gary saying the bridge is approved by Mass DOT he will not approve this street’s acceptance. He is concerned that the membrane may not have been put down when the bridge was paved. Norm will draft the letters to send to the board
of selectmen voicing the concerns of the planning board considering the approval of the street acceptances.
Carewell Dental Sign: Dick wanted to know why there was a 19 foot setback for the building in TC2. Jeff referenced bylaw page 26. The minimum set back is 15 feet. The maximum is 20 feet. Tim made a motion to approve the sign design and to allow the building inspector to issue to permit to Carewell Dental for their sign. Marilyn 2nd, all in favor. Laurie will send letters to Will for Carewell and Soucy signs.
Michael Drive: The board discussed whether Michael Drive in Moose Meadow should be accepted. Dick said that Blair still owes $250 per lot as was written in the conditions of approval to be put in a trust fund of the town of Rutland for the preservation of open space. The August 22nd meeting was referenced. Dick feels it shouldn’t be on the warrant until this money is paid. Tim is concerned about unsold property and suggested they put a lien on any unsold lots for the $250. The bond is a construction bond and cannot be used for this purpose. Tim felt this should go to KP law. Dick felt the letter to the select board should include that financial obligations on this subdivision have not been met. Tim said he would approve Michael Drive if the money owned is paid. There are 26 lots so
the total due is $6,500. Norm will send a letter to the select board stating the planning board’s concerns.
Bylaw Recommendations for Select Board: A motion to recommend the adoption of 9 amendments to the Rutland Bylaws was made by Shawn. Dick is in favor except for the storm water. Tim suggested they recommend them as long they can be amended to fix the part that Dick was unhappy with. Tim had a concern with the resident requirement for voting members. Discussion ensued. Shawn amended his motion to approve the adoption of 9 amendments to the Rutland Bylaws as written or further amended. Tim 2nd, all in favor.
Dick moved to close the meeting. Shawn 2nd, all in favor.
Closed: 9:56 pm
Respectfully submitted,
Laurie Becker, Secretary
Minutes approved on 11/14/17
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