TOWN OF RUTLAND
PLANNING BOARD
Minutes 11/13/18
This meeting was recorded for the secretary’s records.
Location: Town Hall Annex 246 Main Street
Open: 6:30pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, David George (town planner)
Absent: Tim Nahrwold
Guests: Chris Anderson, Mark Elbag, Harold Reader, Amy Salsman, Seth Knipe, Joe Benoit, Debbie Ludovico, Vincent Ross, George Kiritsy, William and Deborah Giniewicz, Bob Reed
The board reviewed minutes from 10/23/18. Shawn made a motion to accept the minutes. Marilyn 2nd. Norm, Marilyn and Shawn voted favorably. Dick abstained.
Moose Crossing Bond Reduction Request: A letter from Julian Votruba dated 10/23/18 was referenced. The road was accepted at town meeting on 11/15/17 and the bond was for one year. Therefore, the bond should be released on 11/15/18. Dick made a motion that we return the balance of the bond ($6,000.00) to Moose Crossing Realty, LLC effective 11/15/18. Marilyn 2nd, all in favor.
Chicopee Watershed Discover Meetings: A letter from 11/5/18 to Sheila Dibb (BOS) from FEMA was referenced. The letter was for informational purposes for the board and listed upcoming meetings on 11/27 and 11/29/18 that the board is invited to attend.
296 Pommogussett Rd. Applicability Decision: This is Votruba’s property. A variance is required and this should go to ZBA. This was just for informational purposes for the board. For reference, this packet is dated 8/22/18 and is filed under correspondence in the Planning Board office.
2 John Robert Road Sewer Connection Permit: A letter dated 11/3/18 from George Kiritsy, Esq. was referenced. Kiritsy believes this property should be allowed to connect because the property was approved before the moratorium went into place. Dick made a motion that the letter should be turned back to Gary that this matter should be addressed by the Sewer & Water Commissioners and/or town counsel. Shawn 2nd, all in favor.
ANRS: An ANR at 258 E County Rd. was submitted by William and Deborah Giniewicz. The ANR was reviewed. They want to take 4 lots and make it 1 by deleting the lot lines. The total cost is $500.00. Dick motioned to endorse the ANR. Shawn 2nd, all in favor.
An ANR at 254 E Country Rd. was submitted by William and Deborah Giniewicz. The ANR was reviewed. They want to delete 1 lot line making one lot from two. The total cost is $400.00. Shawn made a motion to endorse the ANR. Dick 2nd, all in favor. Check #2324 in the amount of $900.00 was accepted for the 2 ANR plans from William Giniewicz. The board signed both ANR plans.
An ANR was presented by George Kiritsy on behalf of Harry Johnson at 70 Ridge Road. They are taking 6 lots and making in into 3. The total cost is $450.00. Dick motioned to endorse the plans. Shawn 2nd, all in favor. The board signed the ANR plans. Check #7724 in the amount of $450.00 was accepted.
Public Hearing Pro-tech Energy Solutions Solar Project Glenwood Pl (66/A/5) (Postponed from 10/9/18):
Open: 7:15pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, David George (town planner)
Guests: Chris Anderson (Hannigan Eng), Mark Elbag, Harold Reader (ZPT), Amy Salsman, Seth Knipe (Fire Chief), Joe Benoit, Debbie Ludovico, Vincent Ross
The property owner is Michael Ball and the project sits behind his residence at 334 E County Road. Chris Anderson presented the project. There are surrounding wetlands and beaver ponds. They have filed with ConCom and were granted permission with conditions. There will be clearing of the land and minimal grading for the access drive. Storm water management, fencing and emergency vehicle turnaround were all discussed. Vincent Ross asked about the beaver ponds. This area will not be touched and is protected by state and federal law. There is very little visibility to abutters. There was a report from Quinn Engineering dated 11/9/18 reviewed. 1a) The board requires that the access to the easement agreement be a condition of approval of the project. 3) A wavier for the 50 foot vegetative buffer was requested along
the entire southern property line. Dick was comfortable with the buffer due to the distance from the nearest abutter. 5) Seth said he has no issue with access for fire. 8) The board was satisfied with Chris’ explanation. 17) Seems to be a typographical error. 18) Chris feels this is overkill. Dick requested that Shawn check in with ConCom on this issue. 20) Clerical issue. 23) Seth stated the Knox Box must be ordered through the Fire Department. Norm wants this put in the conditions of approval.
Shawn motioned to close the public hearing. Marilyn 2nd. All in favor.
Close: 7:48pm
Marilyn made a motion to approve the plans for the Glenwood Place Solar Project (66/A/5) with the conditions to be determined. Shawn 2nd, all in favor.
Public Hearing Continuation ZPT Energy Solar at 0 Campbell Street:
Open: 7:51pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, David George (town planner)
Guests: Chris Anderson (Hannigan Eng), Mark Elbag, Harold Reader (ZPT), Amy Salsman, Seth Knipe (Fire Chief), Joe Benoit, Debbie Ludovico, Vincent Ross
They have come to an agreement with a neighbor to purchase additional land. The applicant requested a continuance. Norm said there was a possible unresolved issue with a conservation restriction. (Reference 10/30/18 email from Diane Peterson, assessor) Discussion ensued. Norm feels we made need to consult legal counsel. The rest of the board felt comfortable accepting ConCom’s decision to allow the solar project without consulting counsel. Seth stated that the Knox Box must be ordered through the Fire Department.
Shawn made a motion to continue the public hearing on 12/11/18 at 7pm. Dick 2nd, all in favor.
Adjourn: 8:04pm
Public Hearing Continuation ZPT Energy Solar at 309 East County Road:
Open: 8:05pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, David George (town planner)
Guests: Chris Anderson (Hannigan Eng), Mark Elbag, Harold Reader (ZPT), Amy Salsman, Seth Knipe (Fire Chief), Joe Benoit, Debbie Ludovico, Vincent Ross
The project has been reviewed by Quinn Enginnering (reference 9/10/18 report) and all issues have been addressed. The last hearing was rescheduled due to the site walk being rescheduled. The site walk was held on 10/22/18. There is minimal impact to abutters. The applicant is requesting a waiver to the vegetative buffer to 25 feet. This property is owned by Charles and Monica Gove. Seth is satisfied with plans. A condition of approval should be that the Knox Box must be ordered through the Fire Department. #13) should be referred to ConCom.
Dick made a motion to close the public hearing. Marilyn 2nd, all in favor.
Close: 8:15pm
Marilyn made a motion to approve the plans for the solar array at 309 East County Road with conditions to be determined. Dick 2nd, all in favor.
David George will draft the notices of decision for Glenwood Place and 309 E. Country Rd. for the next meeting.
Public Hearing ZPT Energy Solar Project at 271 Glenwood Road aka Glenwood Road I (65/A/5) (Postponed from 10/9/18):
Open: 8:16pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, David George (town planner)
Guests: Chris Anderson (Hannigan Eng), Mark Elbag, Harold Reader (ZPT), Amy Salsman, Seth Knipe (Fire Chief), Joe Benoit, Debbie Ludovico, Vincent Ross
Chris from Hannigan Engineering presented the project. This property is owned by Mark Elbag. There is an existing house on the property which will be removed. There are wetlands nearby and they have received orders of conditions from ConCom regarding this. They plan to implement a shade buffer. Large trees will be removed. Smaller deciduous trees less in 12 inches in diameter will be topped at 6 feet. Amy Salsman, an abutter, requested to see pictures of this. Chris said he would get pictures for her. Low shrubbery will remain in place. Chris spoke about putting in an evergreen shrub line to provide a vegetative screening. Dick stated that our bylaws only require the evergreens be maintained for 1 year. He wants the conditions of approval to require a longer period of maintenance. Debbie Ludovico requested
the 25 feet of trees be maintained along the road. Joe Benoit is concerned with the sound from the converters. Chris said they put them as far away from abutters as they could. Amy requested to see pictures of the chain link and stockade fences proposed. There will be a 7 foot chain link fence as required by code. Norm would like to see the arborvitaes staggered to provide better screening. Amy had concerns about the road itself with increased construction vehicles on site. The applicant would be required to bring the road back to original conditions if damaged during construction. Norm said this will be need to be a condition of approval on Glenwood I and II. Seth was comfortable with the access. He stated that the Knox Box must be ordered through the Fire Department.
Dick made a motion to continue the hearing on 12/11/18 at 7:05pm. Marilyn 2nd, all in favor.
Adjourn: 8:54pm
Note: The board received check #2470 for $603.25 from ZPT Energy Solutions. This is for the public hearing fees for the 3 new projects 258 E. Country Rd., 90 Bushy Lane and 101 Glenwood Place Extension. This includes $200.00 for each project plus $3.25 for postage.
Public Hearing ZPT Energy Solar Project on Glenwood Road aka Glenwood Road II (65/C/1) (Postponed from 10/9/18):
Open: 8:55pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, David George (town planner)
Guests: Chris Anderson (Hannigan Eng), Mark Elbag, Harold Reader (ZPT), Amy Salsman, Joe Benoit, Debbie Ludovico, Vincent Ross
While Seth was not present for this hearing, he left word that he was comfortable with the access. He stated that the Knox Box must be ordered through the Fire Department. Chris said they filed with ConCom due to bordering wetlands and have received orders of condition. They will be installing a shade buffer. Smaller trees will remain with larger trees being removed. A chain link fence will be installed along the perimeter with arborvitaes for screening. Debbie Ludovico had a comprehensive presentation explaining the detriment this project will have to her and the other abutters. (Copies of the presentation are available upon request for review.) She requested either the project be disapproved or that limits are put on the project to lessen the effects on the abutters. The conditions she suggested are to
give a 200 foot vegetative buffer on the north side of 260 Glenwood Road, requiring that all trees with 25 feet of Glenwood Road and Glenwood Place be kept at their current height, requiring an 7-8 foot high wooden stockade fence on the south and west sides facing 260 Glenwood Rd. with the access road inside the fence, requiring a soundproof shed built around the inverter and surveying and taping off areas so that no accidental cuts are made. Joe Benoit also requested the project be moved 200 feet down. He also wanted the trees along the road maintained. The applicant is requesting a waiver on the vegetative buffer. Norm is not interested in granting waivers on this project. Dick is in agreement. The board requested the applicant revise his plans and come back.
Dick made a motion to continue the hearing on 12/11/18 at 7:10pm. Shawn 2nd, all in favor.
Adjourn: 9:29pm
Bear Hill: The financial account has been brought to a zero balance.
CIPC Requests: None
Marijuana Update: Norm will make motions. The Planning Board will not make a recommendation. Rather, the board will recommend the town’s consideration of the articles. The Board feels there should be laws in town concerning Marijuana – but what the laws are should be the decision of the voters.
Shawn made a motion to close the meeting. Marilyn 2nd, all in favor.
Close: 9:48pm
Respectfully submitted,
Laurie Becker, Secretary
Minutes approved 11/27/18
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