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September 26, 2017
TOWN OF RUTLAND
PLANNING BOARD
      Minutes 09/26/17

Location: Town Hall Annex 246 Main Street
Opened: 6:37pm
Note: This meeting was recorded for the secretary’s records.

Present: Norm Anderson, Marilyn Sidoti, Dick Williams, Shawn Moore, Tim Nahrwold, Jeff Bagg (Planner)

Guests: Bernard Nowak, Jr., Jim Taylor, Clea Blair, Jr., Mike Wood

Review minutes:  The board reviewed the minutes from the 9/12/17 meeting.  In response to a question from Shawn, Jeff said that he will do some research on creative lot configurations.  Dick moved to accept the minutes with corrections. Marilyn 2nd. Norm, Marilyn, Dick and Shawn voted favorably, Tim abstained.  The board reviewed the minutes from the Lussier public hearing on 9/12/17.  Shawn moved to accept the minutes. Dick 2nd.  Norm, Marilyn, Dick and Shawn voted favorably, Tim abstained.  The board reviewed the minutes from the 9/12/17 Wachusett Solar Public Hearing. The board briefly discussed the fence for the solar project. Fence photos and information were emailed to Alan Clapp as he requested. Dick moved to accept the minutes. Shawn 2nd. Norm, Marilyn, Dick and Shawn voted favorably, Tim abstained.  

Review Mail and Invoices: Norm noted that he is turning over the financial affairs of the planning board to Laurie this week.   

ANRS: Blair presented an ANR plan on Thurston Hill and Campbell for 4 lots.  The board reviewed the plans.  Tim motioned to endorse the 4 ANR lots. Shawn 2nd, all in favor.  Check #1426 was accepted for $450. Upon further review, the number of lots changed was questioned. Tim withdrew his motion.  Jeff stated that lots 1 and 2 stayed the same. Lots 3 and 4 and the non-buildable parcel A are the lots being created.  Tim motioned to endorse the 3 ANR lots.  Marilyn 2nd, all in favor. The board signed the ANR plan.

Bear Hill I: Clea asked the board’s opinion on the trees on Bear Hill I. He said on recent developments the residents haven’t wanted the trees. He asked if the board would waive the requirement of 3 trees per lot for this subdivision. Dick reminded Clea that due to Open Meeting Law regulations the board is not at liberty to discuss this without it being on the agenda. Norm said that it will be put on the next meeting agenda and will be discussed at that time.   

Bernard Nowak, Jr. Finn Park Road: Bernie Nowak is the property and grounds chairman of the Finnish Park Heritage Society on Finn Park Road. There are 2 house lots for sale (21 and 25 Finn Park Road) that abut their



property. The road that is the frontage for the lots is a paper road. There are existing houses on the two lots.  The current access to the 2 lots is through Mr. Nowak’s property.  A couple of abutters already park on his property. He is not complaining about this as he has a good relationship with the people. However, he is uncomfortable with new potential property owners using his property and with the liability to him.  Dick said this should go to KP Law.  Tim thought that Will Cassanelli should be consulted and that this is a non-buildable lot.  Mr. Nowak has already been to the building inspector and was directed to the Planning Board.  Jeff thought that a title search would need to be done as to when the lots where created.  There was also the question brought up as to the possibility that the 2 lots may have merged.  Norm and Tim both think that the paper road would need to be built before the houses could be built. The engineer of the project told Nowak that the 2 existing cottages are grandfathered.  Tim brought up the fact that the houses would need modern septic and water systems.  Norm said that there is something in the zoning bylaw about replacing grandfathered homes.  If a road is not built, they would need to get an easement to access the property.  Norm, Marilyn, Dick and Shawn voted favorably, Tim abstained.  The board recommended Nowak grant an easement to current abutters to release him from liability.  The board was unable to give Nowak any definitive answers at this time.

Wachusett Solar: Jim Taylor questioned what kind of a fence would be put up. He was told it has not been decided yet, but should be worked out between Taylor and Nexamp.  Taylor also wanted to make sure there was drainage set up on the access road. Dick said that he believes there is a culvert.  Dick requested that the culvert on the service road be put in the conditions of approval for the Wachusett Solar special permit. Jeff stated that Alan Clapp was going to send a PDF of the revised plans along with mailing a hard copy.

Digital Message Board – Carewell Dental:  Mike Wood, the owner of Signarama, came in with a design for a digital message board.  Dick wants to see the stake where the town right of way is. The sign needs to be set 5 feet off the property line.  There is 19 feet from the right away to the building. The original design showed a granite base with the street address on it. Wood asked if the base would count towards the overall dimensions of the sign. While it does not count as part of the sign, the overall height of the sign cannot exceed 5 feet. The sign is 8 X 4 feet and thus the base can only be 1 foot high. It will be internally lit and turn off by a timer at night. The sign will not be flashing.  Dick wanted to make sure the sign won’t obstruct traffic’s view.  The sign will be put close to the building to prevent this.  There was conversation about building a small mound for the sign to sit on. Norm said he could build up a small amount, but not a large mound which would raise the height of the sign.  There was conversation about landscaping. It was agreed that grass or mulch would count as landscaping. Dick requested a physical stake be put in the ground showing the property line.

Wachusett Solar Notice of Decision: The board reviewed the Wachusett Solar Notice of Decision. Several edits were made to the notice. The notice was printed and signed by the board members. Laurie will file the notice of decision on Thursday and send out letters notifying the abutters. She will also mail a copy of the signed document to Alan Clapp.

Blair Public Hearing: The public hearing will be scheduled for 11/14/17 at 7pm for the common driveway on Thurston Hill and Campbell Street.

Bear Hill: Norm will contact Carl at Quinn Engineering to make sure that he follows up with Blair to make sure the issue with the gap in the fence on the bridge has been resolved. Reference letter from Quinn dated 9/26/17 regarding Bear Hill Subdivision.  
Brice-Lemon: Norm contacted Quinn Engineering and asked if there if there is a bridge or a culvert on this road. Quinn says it is a culvert. According to Carl, the wetland crossing going to Sedona Circle is a bridge. It is agreed Blair cannot get the bond until Mass DOT signs off on the bridge.  A Quinn Engineering Report dated 9/18/17 regarding Brice-Lemon was referenced.  “Some manholes and sewer lines did not receive passing results.”  The consensus of the board is that Carl is doing a great job. Norm will call Carl to see if he is going to follow up on the issues there. If not, he will go to Gary to request that he does. Tim asked that Gary keep the planning board up to date on progress if he is the one following up.




Jeff will not be available for the 10/10/17 meeting.

Shawn moved to close the meeting.  Dick 2nd, all in favor.
Closed: 9:17 pm

                                                                        Respectfully submitted,



                                                                        Laurie Becker, Secretary


Minutes approved 10/10/17