Town of Rutland
Planning Board
Meeting Minutes
December 26, 2017
Location: Town Hall Annex 246 Main Street
Opened: 6:35pm
Note: This meeting was recorded for the secretary’s records.
Present: Norm Anderson (Chairman), Marilyn Sidoti, Shawn Moore, Dick Williams, Tim Nahrwold
Guests: Julian Votruba, Karen Votruba, Arlene Votruba, Benjamin Votruba, Nicholas Votruba, Justine Votruba, Michael Votruba, Willard Cannon
ANRS: Julian Votruba returned with the ANR that was presented on 12/12/17 on Campbell/Pommogussett. The board had tabled the decision on this ANR at the last meeting due to wanting legal opinion. In an email sent from KP Law on 12/18/17 Amy Kwesell states, “In my opinion, the two frontage lots should not receive an endorsement pursuant to G.L. c.41, §81P.” She further comments that “lots providing “ways” within the ANR plan between the frontage and the buildable portion are not entitled to endorsement as the frontage is illusory.”
Norm expressed several concerns. While he realizes that he legally can deny this ANR – it bothers him to change policy so abruptly. Mr. Anderson also stated there is nothing in the zoning regulations that controls lot configuration. Norm still has several unanswered questions for town counsel. Namely - is case law binding? Is there any counter case law? What is the planning board’s discretion? Can the board consider mitigating circumstances? Can the board use their judgement as to whether this is preferable use of the property versus the alternatives if the ANR were denied?
There are four options for the board to consider. 1) Endorse the plan. 2) Deny the plan. 3) Do nothing. (it would get constructively approved) or 4) Request a withdrawal of the plan.
Shawn stated that he would endorse this plan. Since plans similar to these have been endorsed in the past he feels precedence has been set. If they are changing their policy, he feels the builders should be notified of this change. Shawn feels he probably would not endorse a plan like this in the future.
Julian stated that he met every criterion of the bylaws. Julian feels if these lots are not going to be allowed this should be stated in the bylaws.
Norm feels there is a benefit to this plan because 60 acres will be preserved and not further subdivided. Norm said that he wants this land to be applied for as an estate lot to guarantee that it is not subdivided. Julian was agreeable to this condition. Tim and Marilyn both like this idea as well.
Dick is uncomfortable endorsing this ANR since it goes against town counsel’s advice.
Julian stated that there will be no common driveways.
Shawn and Tim both feel this will be the last ANR endorsed with illusory frontage.
Norm and Laurie discussed drafting a letter to local builders notifying them of the change in policy on ANR lot endorsements.
Norm took a straw vote on the special permits on the plan. The question was who would be inclined to grant the special permits on estate lots 2, 3, and 4. The vote is not binding. Marilyn, Shawn and Norm voted favorably. Dick and Tim voted against. Tim has an issue with 3. Norm feels the estate lots cannot be denied as they follow the bylaws.
Tim changed his mind on his straw vote. He said as long as lot 2 is an estate lot he would be willing to approve the special permits for lots 3 and 4 as estate lots as well.
Shawn made a motion to endorse the ANR plan with the handwritten change of lot 2 as an estate lot for which the special permit has not yet been applied for. Marilyn 2nd. Norm, Marilyn and Shawn voted favorably. Tim and Dick voted against.
Julian will bring in 6 amended copies to the town hall on 12/27/17.
Dick moved to adjourn.
Tim requested that a business meeting be set up. Dick asked for an update on a town planner. Norm said that he met with Margaret. The contract with CMRPC has been renewed for 6 months. Jeff will come to 2 more meetings. After that he will work primarily at CMRPC for us and at our meetings we will have an associate planner. The hope is to hire a full time town planner for the start of the next fiscal year. The associate’s rate is lower than Jeff’s so s/he can provide more hours at the same cost.
Dick is going away February 6th or 7th to March 10th. Tim will be away February 13th for a conference in Atlanta. Shawn will be away February vacation week which does not interfere with planning board meetings. Marilyn will be away the last 2 weeks of March.
Tim requested that the Norm’s list of questions be sent to town counsel. Norm said he would email them to Amy.
Shawn 2nd, all in favor.
Closed: 8:41 pm
Respectfully submitted,
Laurie Becker, Secretary
Minutes approved on 1/9/18
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