Town of Rutland
Planning Board
Public Hearing Minutes 7/25/17
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., Julian Vortruba, George Kiritsy, Esq., Vincent Ross, Silvia Ruzbasan, Patricia Roy (Landmark), Craig Bacon, Roman Ruzbasan
Continuation of Public Hearing - CB Blair Development Corp. application to create 6 estate lots on Glenwood Place
Hearing opened at 7:00pm
Norm referenced a letter from the Rutland Fire Department dated 7/10/17 with concerns they had on the road. The planning board had requested a cross section of the road which they now have a copy of. Norm shared a copy of the cross section with the fire chief, Seth Knipe. They went through the bullet items on Seth’s report. 1) There is an 8.5% grade on a gravel road. Norm noted that subdivision regulations call for 8% grade, but this has been waived up to 10% in the past. 2) The proposed lots are in some places up to 60 feet lower than the roadway. Clea commented that he does not believe this to be true. Norm stated that either way he does not believe there are any regulations regarding this. 3) This is a dead end road two miles from the nearest hydrant. Norm stated that
there are a lot of houses in town that are more than two miles from a hydrant. Seth looked at the cross section which showed a road width of 18 feet and a 2 foot level strip on either side, which brings it the cleared width out to 22 feet (which is the standard for subdivision roads). Norm said he thought a condition of approval would be the roads would be built to the specifications of that particular cross-section. Tim requested that document be sent to Amy (town counsel). He was uncomfortable with the question of liability to the town. Shawn feels it is buyer beware.
There is a new draft document of a Homeowners Association Document. Kiritsy and Kwesell worked together through email on this. There was discussion about who owns the private part of the road. Once the houses are sold the homeowners own the land to the middle of the road. Laroche currently owns to the center of the road in front of his lot. In 1987 an ANR was approved with frontage on the private way. This was referenced to prove that this road was accepted by the planning board as a way. Vincent Ross questioned if a car was damaged due to an issue with the private part of the road, such as a sinkhole, would the homeowner be liable for that. The board did not know the answer. Tim recommended the residents ask legal counsel. Kwesell wants the Homeowners Association to own the
private way. Kiritsy is against this and believes the road should be owned by to the center line by the individual residents as is standard practice. Kiritsy and Clea also did not want to provide a new plan for the conveying of the way to the trust. Tim and Shawn did not want to go against town counsel’s recommendation. The board wanted to call Kwesell to ask her why she made this recommendation. Shawn made the motion to call Kwesell to question the benefit to this recommendation. Tim 2nd. All in favor.
Mr. Ross submitted a letter that he requested be kept on file stating his concerns with the construction of the private part of Glenwood Place. Dick said that he feels it needs to be a condition of approval that this road will never be accepted as a public way due to its construction. Tim suggested that the condition should be if the road was to be accepted as a town road it would need to be brought up to town standards first. Norm concurred. Tim stated that he does not want building permits granted until the homeowners agreement is established.
Silvia Ruzbasan asked about the maintenance of the public part of the road. She would like to see this in writing. Jeff Bagg has drafted some conditions of approval on the special permits. 1) The applicant shall deliver to the public portion of Glenwood Place 600 cubic yards of crushed asphalt (ABC). Such materials shall be put in place and graded in coordination and consultation of the Rutland DPW director. All work shall be completed by September 15th, 2017. Failure to comply will surrender the special permit null and void. 2) Prior to occupancy permits being granted on Glenwood Place Extension private portion all roadway improvements on the approved site plan shall be constructed in accordance with the plan including the road built to the road cross section and turn around easement. 3) Any
changes to the approved plan including lot configuration or roadway specifications shall be reviewed and approved by the planning board at a public meeting. 4) Prior to issuance of building permits on the private way a final home owners association document addressing roadway maintenance shall be approved by the planning board.
Tim would like for the Home Owners Agreement to be settled between the two attorneys before the next meeting or for both attorneys to be present at the next meeting.
Dick moved to recess the Public Hearing to August 8, 2017 at 7:30pm. Tim 2nd, all in favor.
Public hearing recessed at 8:09pm.
Respectfully submitted,
Laurie Becker, Secretary
Minutes approved on 8/8/17
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