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Public Hearing Minutes 1/24/17
Present: Norman Anderson, chairman; Dick Williams; Marilyn Sidoti; Addison Redfield;
Jeff Bagg (Town Planner)
Guests: Harry Spencer, Jeff Lacy (DCR), Angela Cormier, Esq., George Kiritsy, Esq, James Soucy (Applicant), Mike Sullivan, Robert Liptak, Bob Cox, Kevin Quinn (Quinn Engineering), Joseph Warrington, JoAnne Freeman, Dennis Freeman, Julian Votruba (NEED, LLC)
Public Hearing to consider the application of JM Soucy Contracting.for a Special Permit for an open space design entitled Spruce Hill Estates located on Main Street at Map 29, Parcel A-10
Hearing opened at 7:18pm
Mr. Anderson read the legal notice. Mr. Anderson explained how the meeting would proceed: presentation by the applicant, comments from the planning board, comments from Quinn Engineering, and ending with comment/questions from the public.
Mr. Kiritsy, Esq. presented on the applicant’s behalf the Open Space Plan for Spruce Hill Estates. It has 60.52 acres. He used conventional zoning to determine the lot count of 25 single family lots. The houses will be on public water and sewer. He believes it is better designed as an open space plan. This plan would allow for 38 acres of permanent open space, which is greater than the 20 acres requirement.
The board reviewed the letter from Quinn Engineering (dated 1/13/17). #1 They determined that each estate lot meets the criteria set forth in Rutland’s bylaws. #2 Resolved #3 There was concern that additional wetland resources on the property may affect lot count. Mr. Votruba stated that several lots are already 200 feet from the end of the pond so there is no concern there. He had the Conservation Committee do 2 site walks of the property. Mr. Lacy (DCR) had concerns about Lot 25 and believed that a watershed protection act variance would be required for that lot. Mr. Kiritsy, Esq. addressed the concerns about Lot 25 stating that, if needed, the lots could be reconfigured – taking part of Lot 14 and adding it to Lot 25 so that Lot 25 could be further from the area in question. Mr. Lacy also
brought up concerns as to whether the frontage shown on the map was legal as there currently exists a parking lot for the rail trail on that road. Discussion ensued and it is believed that it is real frontage and the parking lot is taking up part of the legal road. Attention was also brought to a sliver of property owned by John and Beatrice M. Shields. The board was assured that that property was not counted as part of Spruce Hill Estates.
#4 Lots 8 and 9 may require alteration so they are 200 feet from a mapped tributary. Mr. Vortuba states that lots can be reconfigured and common drive could be used to allow the lots to be buildable and to keep the 200 foot distance. #5 Lot 25’s issues were already addressed earlier. #6 The grading of the lots can be changed if necessary. #7 No issues. #8-#12 Resolved. There was no discussion on #13. #14 Quinn Engineering requests that the frontage on lots #6 and #21 be clarified. #16-#17 Resolved. #18 There was concern that lots #24 and #25 would require crossing the Rail Trail and associated parking area. The parking area was previously addressed. Per regulations – the properties will have to tie into the Rail Trail. #19 Resolved.
The Chair allowed for questions and comments from the public. Robert Liptak had concerns about a stream that was on the Mass GIS map and whether it might require a bridge which may increase the costs and discourage buyers. This stream is not mapped and currently does not fall into Zone A. Julian Vortruba says this stream does not exist. If you walk the physical property you do not see it. A granite culvert already exists on the street.
Bob Cox asked if there has been a request for determination of applicability. The answer was no.
Mr. Liptak presented some maps displaying that much of the land has a 15% or greater land grade and is therefore unbuildable. Kiritsy stated that there is ample places to build that would not require them to build in those areas. The current map shows house placement that may be questionable due to land slope.
Jeff Bagg requested that the house placement be accurate on the map for at least the Estate Lots.
Ms. Sidoti and Mr. Anderson had concerns about the 15% grading. Mr. Williams had concerns about the wetlands.
Mr. Bagg questioned #15 from the Quinn letter which was not discussed and not marked as resolved. General discussion ensued. No issues with this point.
It was decided that the meeting would need to be recessed until a later date. 4 issues need resolving: 1) House placement on estate lots
2) Statement about the watercourse (stream) whether it is a potential ZoneA
3) Slope needs to be shown on the plan
4) Reconfigure lots to show changes
It was agreed upon that they only need to discuss wetlands in areas where they will be building.
There was discussion about records the planning board should have on file. It was stated that the planning board should have letters from the Board of Health (on file), the fire chief (on file), the police chief (we do not have a copy of this), ConCom (we do not have a copy of this), and the DPW (on file).
Mr. Williams moved to recess the Public Hearing to March 28, 2017. Ms. Sidoti 2nd, all in favor.
Public hearing recessed at 9:07pm.
Respectfully submitted,
Laurie Becker, Secretary
Minutes with corrections approved on 2/14/17
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