Town of Rutland
Planning Board
Minutes 07/18/17
Opened: 6:32 pm
Present: Norm Anderson, Marilyn Sidoti, Dick Williams, Jeff Bagg (Planner)
Guests: Margaret Nartowicz, Amy Kwesell
The purpose of this meeting was to meet with Amy Kwesell from KP Law which is the new town counsel to get to know her and ask any general questions the board might have.
Margaret offered her congratulations to the board that the Medical Marijuana Bylaw had come back from the Attorney General’s office approved with zero comments. There will be a 3% tax for the town.
Norm asked Amy if she had heard from Kiritsy (Blair’s attorney) concerning the homeowners association document for the Glenwood Place estate lots. She said that he had reached out to her earlier in the day. Discussion ensued about who legally owns the private part of Glenwood Place and who will own it in the future. There was also conversation about how Kiritsy stated that the homeowners have the right to maintain the road, but the planning board wants them to have the obligation to maintain the road.
Amy explained about the derelict fee statute. When the fee in the road has not transferred, then the owners on either side of the road own to the center line. Under this statue, it is believed that LaRoche owns part of the private way.
Dick questioned how the board keeps the town from ever accepting Glenwood Place extension as a public way. He is concerned because of the poor construction of the road. Amy suggested the board makes this a condition under the special permit that the road remain a private road. She suggested, also, that this be part of the homeowner’s agreement.
There was conversation about what happens if a special permit grant is appealed. Amy said that in those situations, KP Law considers this to be a non-active defense. They allow the permit holder to take the active defense because they are the ones getting the permit and the benefit. KP Law would appear and be part of the case and they would go to the hearings. Discoveries and motions would be made by the co-defender. This saves the town money. Amy said she will make sure the permit denial or approval with conditions is a defendable decision. Discussion ensued about the appeals process.
Norm asked ANR plans can be denied. Amy said yes, you can deny ANRs by denying endorsement. They can be denied on the grounds of inadequate access. The decision to deny should be filed with the town clerk. Amy cautioned that paper streets do not count, and that streets must be on the ground.
Norm questioned the duration of a special permit. Amy said there are 2 years to act on a special permit.
Norm asked what the best way to contact Amy is. She said email or phone is fine. Norm told Amy that for most reviews the planning board pays the legal fees directly. It does not come out of the town budget. The exception would be a legal appeal or a lawsuit. Amy said if a lawsuit does come in they send it to insurance first to see if they will pick it up.
Dick questioned continuous frontage on ANRs. Dick asked if towns have control over ANRs. Amy said the only thing they can control is the frontage requirement (the amount of frontage). He questioned if it has to be contiguous and she stated that yes it does.
Marilyn asked how long a subdivision plan is good for. Amy said there is not a simple answer to this. It depends on whether it was definitive or preliminary plan and if it was recorded. The short answer is typically 7 years. However, the plan would still be good past that date if the zoning didn’t change. If the plan is recorded it is protected.
Norm asked if a builder can file more than one definitive plan for a piece of property. Amy was not sure if the registry would deny taking it or if the new plans would supersede the old ones. Her hunch is that you can’t. She thought the original might need to be rescinded first.
There was discussion about the ANRS on Main Street (the lots that were in the Bonnie Brae Circle subdivision previously).
Dick asked about how the homeowner’s agreement on Brunelle West could have been turned back over to the town of Rutland. Amy said it is expired or went by default back to the town if it wasn’t recorded when the town accepted the road.
Discussion ensued about the subdivision on Milliken Brook. How do they ask the builder to make improvements to a public road when they are not allowed to touch the public road? Amy said she would look into that.
Dick asked how you know if an old LLC is still good. Amy said you can go on the secretary of state’s website and type in the name of the LLC or person under corporations.
There was discussion about sewer regulations. There is concern about the number of sewer pump stations being put in.
Amy said that KP Law provides training sessions for the board free of charge.
Norm moved to close the meeting. Dick 2nd, all in favor.
Closed: 8:14pm
Respectfully submitted,
Laurie Becker, Secretary
Minutes approved on 8/8/17
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