TOWN OF RUTLAND
PLANNING BOARD
Minutes 2/27/18
Location: Town Hall Annex 246 Main Street
Opened: 6:30pm
Note: This meeting was recorded for the secretary’s records.
Present: Norm Anderson (Chairman), Marilyn Sidoti, Shawn Moore, Tim Nahrwold, Ron Barron (town planner)
Excused: Dick Williams
Guests: Peter Craine, Helen Viner, Clea Blair, Jr., William Senecal
The board went to the town clerk’s office to have the release of covenant for Lot 13 Vista Circle notarized. They returned at 6:39pm.
The board reviewed the minutes from 2/13/18 meeting. Tim stated that until Blair records an HOA for Brice Lemon occupancy permits should be withheld. Shawn made a motion to accept the minutes as presented. Marilyn 2nd. Norm, Marilyn and Shawn voted favorably, Tim abstained.
Norm said that he has not received a report from Quinn on the Town Center project, so this hearing will need to be continued. There was discussion about the KP Law invoice for Bear Hill that Blair refuses to pay. This invoice was for services rendered concerning the power being turned off for the pump station. Norm said that Margaret (town administrator) will be handling this issue and that it should be removed from the Bear Hill financial account balance spreadsheet at this time. There was discussion about the 2nd of 3 payments due from Blair on Brice Lemon. The spreadsheet used had 2007 rates, but the subdivision was submitted in 2004. Norm will look for the old fee schedule to get Blair the correct amount due.
Public Hearing – Proposed Zoning Amendment – Marijuana Temporary Moratorium
Hearing Opened:
Norm read the legal ad. The purpose of the hearing is to consider the adoption of a zoning amendment to enact a temporary moratorium on recreational marijuana establishments. The moratorium would be in effect through December 31, 2018. The purpose of the moratorium is to allow sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a consistent manner. On April 1st, the Cannabis Control Commission (CCC) will begin taking applications for licenses for recreational marijuana businesses. Helen Viner asked if we have to have marijuana establishments in town. Norm said that we do not have to. The moratorium will give the town the time that is needed to determine if we will have a ban on marijuana establishments or, if we decide to have marijuana
facilities, what kinds of restrictions will we impose of them. For example the town could create bylaws limiting location and/or size. Norm believes for the fall town meeting there needs to be 2 warrant articles. One will be for a total ban. The second would be, if the ban does not pass, a bylaw with specifications of what the town will allow. The town could tax marijuana up to 3 percent, but this would need to be in the bylaws as well. The surveys that went home to the residents with the questions about recreational marijuana showed that 66% of residents do not want establishments in town. Ron Barron said that CMRPC is working on model language for marijuana bylaws and best practices to have in hand before the town meeting. Tim made a motion to close the public hearing. Shawn 2nd, all in favor. Closed: 7:27pm
The special town meeting to vote on the Marijuana Moratorium is scheduled for March 12th at 7pm.
Public Hearing– Continuation Lussier Self Storage Facility 232 Barre Paxton Road – Site Plan Review
Opened: 7:30pm The Quinn Report dated 2/13/18 was reviewed. The issues from the December report have all been resolved except number 4. Due to the fact that the applicant was not present and that there is still an unresolved issue on the Quinn report the board decided to continue the hearing. Tim made a motion to continue the hearing on 3/13/18 at 6:45pm. Marilyn 2nd, all in favor. Recessed: 7:37pm
Tim received an email from Dick Williams with concerns about the as built plans for Bear Hill. Norm said the as built plans have not been accepted by the Planning Board. There is a Quinn Report dated 2/12/18 citing 90 deficiencies.
We received a text from Jason Dubois during the meeting that said that everything is all set for Lussier’s self-storage hearing. They are still having issues with Mass DOT on the Main Street mixed-use property.
Peter Craine stated there are errors in the zoning bylaw referencing articles 12 and 14. There are no articles 12 or 14. He questioned whose responsibility it is to fix this. Norm said it would have to go through the bylaw subcommittee to the Planning Board then to the Selectmen to be placed on the warrant for town meeting. If it is a simple transcription error then it could just be fixed.
It was noted that the Planning Board’s contribution to CMRPC goes up this year to $2,228.41.
Public Hearing– Continuation Lussier Mixed Use Property Town Center -211 Main Street
Opened: 8:00 pm The applicant was not present and the Planning Board has not received any updates from Quinn Engineering. Shawn motioned to continue the hearing on 3/27/18 at 7pm. Tim 2nd, all in favor. Recessed: 8:02pm
Clea Blair, Jr. came in looking for an opinion on a couple of proposed ideas for development on Brintnal Drive. This is behind George Jones’ house. One plan shows 23 subdivision lots and 6 front lots for a total of 29 lots. The other proposal shows 7 estate lots and 3 frontage lots. George Jones is planning to purchase lot 4. This proposal shows 2 common driveways with 3 lots on each. Tim thinks it looks like a road, not 2 driveways. The sewer would tie into Bear Hill. Clea asked for the board to think about it and to put it on the agenda to be discussed at the next meeting. The board agreed. Clea’s preferred design is the one with 10 houses.
Clea has a problem on Glenwood Place. Glenwood Place had incorrect measurements. There is a report from 1934 which states that Glenwood Place is 0.4 miles. In 1940 another report confirms it is 0.4 miles. The town plows to this point. Blair had previously thought the public portion of the road went further than it does and has already sold houses with the residents believing they were purchasing on a public maintained road. Clea would like to have the road laid out by the Selectboard to go to the point that was believed to be the end of the public way at the end of lot 6. Tim recommended he go to Gary Kellaher for his opinion on lengthening the public way first.
Clea Blair submitted copies of the Homeowners Agreement for Brice Lemon. Clea does not want to pay legal review fees for this document. Norm wanted to compare the document to the HOA for Glenwood Place. Tim and Clea agreed that the HOA should be recorded before occupancy permits are provided.
Shawn made a motion to close the meeting. Marilyn 2nd, all in favor.
Closed: 9:00PM
Respectfully submitted,
Laurie Becker, Secretary
Minutes Approved on 3/27/18
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