TOWN OF RUTLAND
PLANNING BOARD
Public Hearing Minutes 8/8/17
Continuation of Glenwood Place 6 Estate Lots Public Hearing
Present: Norman Anderson, chairman; Dick Williams; Marilyn Sidoti; Shawn Moore; Tim Nahrwold, Jeff Bagg, Town Planner
Guests: Clealand Blair, Jr., George Kiritsy, Esq., Vincent Ross, Silvia Ruzbasan, Roman Ruzbasan, Deb Castellani, Don Segur, Janet Segur, Craig Bacon
Contination of Public Hearing - CB Blair Development Corp. application to create 6 estate lots on Glenwood Place
Hearing opened at 7:34pm.
At the last meeting the board asked Norm to question town counsel about the benefit of the trust owning to the centerline of the roadway. Kwesell said there is no benefit as long as the people living on the way are required to maintain the roadway in front of their lots. This requirement will be listed as a condition for approval on the special permit and thus will be registered as such with the registry of deeds. The trust will not own the roadway, but rather each homeowner will own the area of the roadway in front of their lot to the centerline by the derelict fee statute.
Lots 7, 8, 9, 10 and 11 are the private way lots. Lots 7, 10 and 11 are estate lots on the private way. Lots 2, 3, and 6 are estate lots on the public portion of the road. The trust will apply to all of the houses on the private way. The trust as condition of approval will apply to only the estate lots on the private way.
Kwesell recommends that a condition of approval be that the homeowners’ agreement be filed with the Worcester Registry of Deeds within 5 business days of the decision being filed. Kiritsy expressed concerns about having knowledge of the date that the decision is filed. Clea asked that another condition be for the board to notify him when the decision is filed. After discussion, Kiritsy stated that he could file the trust immediately.
Tim asked if town counsel is comfortable with the wording on the trust document. Jeff said there is an email from her that yes, she approves the document. It was noted that the word Glenwood was misspelled on the trust in 2 locations. This will be corrected. Dick noted that in what part of the document the pronoun he was used. He believes this should be changed to he/she or something non gender specific.
Dick questioned if there was anything in the trust about Glenwood extension never being accepted as a public road. After discussion the board agreed this cannot be part of the trust. Jeff suggested that it be put in the findings that the board recommends this never be accepted as a public road.
Shawn made a motion to accept the homeowner’s agreement as presented by town counsel with corrections. Tim 2nd, all in favor.
Vincent expressed concerns about homeowner’s agreements not being worth the paper they are written on in the past. Norm stated this is why the board has gone through such length to make sure this one has teeth in it. It will be filed with the registry of deeds and allows liens to be placed on property if homeowners do not abide by it.
There was conversation about the road being built in such a way that emergency vehicles can get down. Norm said that the typical cross section that the board is requiring the applicant to build the road to is essentially the same as a subdivision road except it will not be paved. Tim asked who will be signing off on the road. The answer was Gary at the DPW. Tim wants this as a condition of approval.
Silvia asked about the gravel that is to be put on the public way donated by Clea. This will be included in the conditions of approval as well.
Shawn made a motion to close the public hearing. Marilyn 2nd. Jeff mentioned another condition of approval would be to attach the homeowner’s agreement to each special permit.
Vincent Ross brought up a piece of ledge at the intersection of Glenwood and Ridge that blocks driver’s views when turning. This is a safety hazard. Tim recommended that Mr. Ross go to Gary at the DPW to have this problem remedied.
A separate notice of decision will be written for each estate lot due to the different conditions dependent upon whether it is on the private or public way.
Tim noted that the plans are missing the setback lines that are required by the town’s estate bylaws. After discussion, the board agreed to add a condition of approval that the board must receive an updated plan by 9/8/17 that adheres to all Rutland estate bylaw requirements.
The board voted on previous motion to close the public hearing.
Marilyn Sidoti – yes Tim Nahrwold – yes Shawn Moore – yes Dick Williams – yes Norm Anderson - yes
Public hearing closed at 8:36pm.
Respectfully submitted,
Laurie Becker, Secretary
Minutes approved on 8/22/17
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