TOWN OF RUTLAND
PLANNING BOARD
Minutes 6/12/18
This meeting was recorded for the secretary’s records.
Location: Town Hall Annex 246 Main Street
Open: 6:30pm
Present: Norm Anderson (chair), Marilyn Sidoti, Shawn Moore, Dick Williams, Ron Barron (town planner)
Guests: Margaret Nartowicz, Dave Sczerko, Julian Votruba, Richard Merchant, Clea Blair, Jr.
Minutes: The board reviewed the minutes from the 5/22/18 meeting. Dick moved to accept the minutes. Laurie noted that she spoke with the fire chief, Seth Knipe, and he said the fire hydrant on Bear Hill is all set. Laurie also tried again to contact Gary Kellaher, DPW Superintendent, regarding the Brice Lemon updated sewer plans and permits. He did not respond. Shawn 2nd, all in favor.
ANRS: Julian Votruba presented an ANR on Prescott and Maple Ave on behalf of Dave Szczurko. Dave and Clea Blair want to trade 5 acres of land. The part owned by Blair currently is part of the Maple Springs subdivision. Parcel C is owned by Clea and Parcel D is owned by Dave. Votruba said they will come back with an amendment to the subdivision plan. Dave wants the 5 acre land to remain as open space to protect his property. There was conversation as to whether the subdivision plan needed to be revised before the ANR could be endorsed. Ron questioned if there was documented proof that Blair was in agreement to this arrangement that would change his approved Maple Springs Estates subdivision. Blair signed the form A and provided the check for the ANR. The check was number 1541 in the
amount of $450.00. This ANR plan would supersede the subdivision. There is nothing currently built on this property. Shawn made a motion to endorse the ANR dated 6/7/18 which will supersede the plans dated 8/3/06. Dick 2nd, all in favor. The board signed the ANR.
Dick Merchant presented an ANR for a 10 acre parcel on Intervale. He wants to break off a piece of land to give to his son. The land had a successful perc test. There is 200 feet of frontage on Intervale. Mark Elbag, Jr. is doing the engineering and Mark Blanchard was the land surveyor. Dick moved to endorse the ANR. Shawn 2nd, all in favor. Check number 3445 in the amount of $400.00 was received. The board signed the ANR.
Public Hearing Continuation: Lussier Mixed Use Property at 211 Main Street
Open: 7:09pm
Present: Norm Anderson (chair), Marilyn Sidoti, Shawn Moore, Dick Williams, Ron Barron (town planner)
Guests: George Kiritsy, Esq., George Lussier, David Lussier, Jason Dubois, Bill Senecal, Margaret Nartowicz
This hearing was originally opened in September 2017 and has been continued a number of times. Jason talked about the new drainage system that was suggested by Mass DOT. The 10 year analysis shows about half of the storm water going to Main Street compared to what is currently going there. The board reviewed the Quinn report dated 6/12/18. Comment 12 has been resolved and was discussed in an email between Dubois and Hultgren later that same day. Bill Senecal feels this project compliments the local businesses and can be built whether or not a business goes up at the same time.
Dick motioned to close the public hearing. Marilyn 2nd, all in favor.
Public Hearing Closed: 7:25pm
Shawn made a motion to grant the special permit with conditions to be determined to Lussier Enterprises for the mixed use property at 211 Main Street. Marilyn 2nd, all in favor.
Town Planner Job Description: The board, Ron and the town administrator discussed the final draft of the job description. Margaret will post the job on Wednesday, June 13th.
Wachusett Solar LLC Decommissioning Surety Agreement~~~~67 Wachusett Street: At the last planning board meeting the board had voted to sign the surety agreement once they had the signatures from the applicant. Having received a signed copy, the board passed it around for signatures. One copy will be kept in our files and one copy will be mailed back to the applicant.
Remove land from Chapter 61A: The board reviewed the request to remove 66 Glenwood Road, Property of Lana Andrews and the Estate of Doreen Fay Colby (Assessor Map 57 Parcel A3) from 61A. There was an email from Diane Peterson, town assessor, dated 6/1/18 in which she explained the status of the land. Dick stated that the board of selectmen had sought legal counsel on this and that he wanted to wait to hear what KP Law’s opinion on the matter is. Laurie will contact the BOS and the board will revisit this item at our next meeting.
Set Date for Public Hearing for Hannigan Engineering: Hannigan Engineering has not yet submitted plans so the public hearing date was not set.
Bear Hill: An email from Tom Galvin, 27 Grizzly Drive, dated 6/8/18 and sent to Abby Benoit was discussed. He is concerned about the bond reduction on Bear Hill. Laurie will call him and explain the bond reduction process. The Quinn Report dated 5/21/18 and labeled “Bear Hill Surety Budget Revision” was also discussed. The new surety estimate is for $130,560.00. Norm reminded the board that bond reductions are common and that to the best of his recollection the board has always accepted their engineer’s recommendation for the bond amount. There was conversation about sidewalks being built to ABA standards. It was determined that this is more of an issue for street acceptance than for bond reduction. Norm had emailed town counsel regarding waiving the street lights on Bear Hill. Typically
the board does not require street lights in subdivisions. The streets lights not being waived for Bear Hill was an apparent oversight. The board does not want the street lights due to the added expense to the town and the unnecessary source of light pollution. KP Law reviewed the plans registered at the Worcester Registry of Deeds and did not see the street lights on the plans. KP also stated that street lights must be approved by both the Planning Board and Board of Selectmen. It was the view of KP Law that a public hearing should be held to waive the street lights because property has already been sold in this subdivision. Page 42 section 5a of subdivision regulations states “The planning board agent or consultant engineer may authorize field changes subject to review by the planning board at their next regular meeting. The planning board shall respond by approving or disapproving the change within 15 days of the meeting at which it is submitted. If the
planning board does not approve, the original plan will remain in effect and the applicant will be required to reconstruct in accordance with the original plan.” Shawn made a motion to classify the removal of the street lights as an approved field change. Marilyn 2nd, all in favor. On the Quinn Surety estimate there was $10,000 designated for street lights and $5,000 designated for bridge modifications. The board opted to not reduce the bond by the $10,000 despite the field change, but rather to hold this amount for additional security for possible bridge modifications. Clea said the turnaround at Arrowhead is complete. Norm wants to know when the area near the pump station on Grizzly will be cleaned up. Clea said he would call Norm tomorrow with an answer to that question. The house at lot 23 is currently being constructed. Marilyn made a motion to reduce the bond at Bear Hill to $130,560.00. Shawn 2nd, all in favor. Norm said there
is supposed to be a turnaround at the end of Grizzly that has not yet been constructed. He would like to make a field change to not construct the turnaround, but rather he feels they should just use the temporary egress out to Brintnal Drive. Dick feels a turnaround at the end of Grizzly would be too close to the wetlands. Dick made a motion for a field change to not require a separate turn around, but rather to use the egress out to Brintnal. Shawn 2nd, all in favor.
Brice Estates: Clea requested a field change. He wants to install a sidewalk next to the wall. The wall was constructed in the wrong location and the road is not centered in the easement. Clea requests to bring the sidewalk right up to the berm in this location (lot 51). Norm wants to see a plan showing the sidewalk. Clea said he will bring it to the next meeting. Dick requested that Shawn get copies of the orders of condition for Brice Lemon from ConCom for the planning board to keep on file.
CMRPC Growth Management Stage 2 Steering Committee: Ron is looking for a representative from various boards such as the planning board and conservation commission to serve on the steering committee. Ron would like to know who from the planning board would like to be on the committee and which other departments they feel should be represented on the committee. Norm would like time for the board to think about it and requested it be put on the agenda for the next meeting.
Norm motioned to close the meeting. Shawn 2nd, all in favor.
Close: 9:41 pm
Respectfully submitted,
Laurie Becker, Secretary
Minutes approved on June 26, 2018
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