Minutes 12/11/18
This meeting was recorded for the secretary’s records.
Location: Rutland Public Library Large Meeting Room
Open: 6:31pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Kenneth & Amy Salsman, Mark Elbag,Jr., Vincent Ross, Silvia Ruzbasan, Debra Ludovico, Erica & Josh Kliskey, Richard Merchant, Skip Clark, Luke Richard, Lawrence Cook, Maria Firstenberg, Patty Roy, Ernie Mello, Christopher Anderson, Joe Benoit, Julian Votruba, Michael & Anne Richstone, Jim Soucy, Kevin Werme, Michelle Cormier
Minutes: The board reviewed minutes from 11/27/18. Dick motioned to accept the minutes. Marilyn 2nd. Norm, Dick, Marilyn and Shawn voted favorably. Tim was not present for this vote.
Invoices: An invoice from Gatehouse (Landmark) was received in the amount of $680.00 for the 5 public hearing notices. The $8,000.00 invoice from CMRPC is still being researched.
Correspondence: There is an upcoming ZBA hearing for 25 & 29 Finn Park Road. They want to tear down and rebuild 2 buildings but there is insufficient room for sewer and water. Dick thinks there needs to be a new zoning bylaw for situations such as this.
The board received a letter of resignation from Laurie Becker as Planning Board Secretary with the last date of employment being 1/15/19. Dick made a motion to accept the letter of resignation with regret. Shawn 2nd. Norm, Dick, Marilyn and Shawn voted favorably. Tim was not present for this vote.
Spruce Hill Senior Condo Project: Julian Votruba came to introduce Jim Soucy’s new project that will be submitted to the Town Clerk soon. (Note: Tim Nahrwold entered at this time.) This proposal is for 17 duplexes with 2 units each for a total of 34 units. Each unit will have 2 bedrooms. The water and sewer were approved for this location before the moratorium was in place. Julian has documentation supporting this. Julian stated there are no wetland issues and nothing concerning DCR. Norm wants the driveway built to subdivision road standards. Julian said that it will be built to subdivision road standards. Norm would like to see some variety to the duplexes at least in color if nothing else. The board and applicant agreed upon a public hearing date of February 12th.
Dick noted that he will be away. He is leaving February 6th and plans to return in time for the March 12th meeting. A special permit is required for this project. The board agreed that the applicant can pay the fees in thirds with the first third due upon submission with the Town Clerk.
ANRS: An ANR was submitted by Kevin Werme for 64 Charnock Hill Road. Check number 1119 in the amount of $400.00 was received from Michelle Cormier. Dave reviewed the ANR The owner of lot 2R is going to convey a portion of his lot to the applicant who owns lot 3. Shawn made a motion to endorse the ANR. Marilyn 2nd, all in favor. The board signed the ANR.
Public Hearing Continuation – ZPT Energy Solar Project at 0 Campbell Street
Open: 7:17pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Julian Votruba, Debbie Ludovico, Amy & Kenneth Salsman, Sivia Ruzbasan, Vincent Ross, Joe Benoit, Michael and Anne Richstone, Rick Merchant, Patty Roy, Maria Firstenberg, Luck Richard, Ernie Mello, Chris Anderson, Erica and Josh Kliskey, Debbie Ludovico, Skip Clark, Mark Elbag, Jr.
The hearing was previously opened and postponed due the applicant having issues with the access road. This issue has been resolved. The board reviewed Quinn’s report dated December 11th. In reference to Note A – Quinn does not do electrical inspections. The applicant is asking for a waiver from the 50 foot buffer down to 25 feet. The abutting property to the waiver request is 20 Campbell Court. Anne Richstone, an abutter to the 199 Glenwood Solar Project requested to speak concerning that project. She is not physically well and did not want to wait for that hearing. Marilyn made a motion to recess the public hearing. Tim 2nd, all in favor.
Recessed: 7:34pm
Anne Richstone has health concerns with the solar project going in near her home at 209 Glenwood Road. She has battled cancer and feels that solar would pose a further threat to her health. She feels that her statements apply to all of the solar projects because she feels they are a threat to all residents abutting solar array fields. She read a 2 page document where she quoted various sources. This document is available for public review upon request. (Note: It will be filed with the 199 Glenwood Road Solar Project.)
Public Hearing Reopened: 7:41pm
Tim wants to know if the homeowner at 20 Campbell has any issues with the waiver. The homeowner was not in attendance for comment. Number 14 was an error on the applicant’s part due to a software issue. This can be put as a condition of approval that this be corrected. There was conversation about number 20. The board agreed with Quinn and would like the 2nd gate installed. The fire department wants a condition of approval that the knox box is obtained through public safety. Number 21 – the applicant requested that a condition of approval be that he reverses the elevations. Number 22 was discussed – it needs to be put as a condition of approval that both drainage analysis for this and 309 East County Road are included in the package.
Michael Richstone spoke against solar projects. He feels the planning board’s job is to preserve Rutland. Shawn responded that the Solar Bylaw was voted upon by the residents of the town and that it is their job to follow the bylaw. He stated that residents should attend town meetings so they can vote on issues such as these. There was some heated conversation between the board and the residents. Richard Merchant spoke on the board’s behalf. He stated that Dick Williams has done more for this town than anyone else in the room. Vincent Ross was upset at how fast solar projects are going up in town and about the sheer number of them. Norm agreed the number of solar projects was a surprise to the board as well. He stated that the town does work out a PILOT (Payment in lieu of taxes) agreement with each
applicant, so there is some financial benefit to the town in having these projects. Laurie informed the residents that any one of them has the ability to get a petition, get signatures, and to have a special town meeting called. If other residents feel the same as they do, they have the capability to change the current laws if they do not agree with them.
Dick motioned to close the public hearing. Tim 2nd, all in favor.
Closed: 8:28pm
Norm did not want to vote on approval of the 0 Campbell Street project until the conditions of approval have been written.
Public Hearing Continuation – ZPT Energy Solar Project at 271 Glenwood Road (Glenwood Rd I) (65/A/5)
Open: 8:31pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Kenneth & Amy Salsman, Mark Elbag,Jr., Vincent Ross, Silvia Ruzbasan, Debra Ludovico, Erica & Josh Kliskey, Richard Merchant, Skip Clark, Luke Richard, Lawrence Cook, Maria Firstenberg, Patty Roy, Ernie Mello, Chris Anderson, Joe Benoit
The applicant has taken into consideration requests from the abutters and the Planning Board. They are withdrawing their request for a waiver from the 50 foot buffer. The applicant is proposing stockade fence. They had pictures available to view as Amy Salsman had requested. Silvia Ruzbasan requested to be informed when any tree clearing near her property will be occurring so she can ensure that no trees on her property are cut in error. Silvia requested that the inverter be moved closer to the road. Her argument was that the road is already noisy and the noise will be less noticeable there. The applicant said they put it as far away from people’s homes as they could and were trying to meet other regulations as well. Amy questioned the maintenance of the stockade fence and was assured that the fence will be
maintained by the company in charge of the solar facility. Amy Salsman requested some greenery in addition to the stockade fence be added to soften the look. The applicant was agreeable to setting aside a certain amount of money to be used to go back and add some sporadic evergreen trees. This solution was acceptable to both sides. A resident who lives on Glenwood Road expressed concerns as to the state of the road. He requested repairs be done to the road before construction begins. Tim suggested this concern go to the DPW. The board still needs an updated Quinn report before a decision can be made. Dick made a motion to continue the public hearing on 1/22/19 at 7:00pm. Shawn 2nd, all in favor.
Adjourned: 9:03pm
Public Hearing Continuation – ZPT Energy Solar Project on Glenwood Road (Glenwood II) (65/C/1)
Open: 9:05pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Amy & Ken Salsman, Mark Elbag, Jr., Lawrence Cook, Erica & Josh Kliskey, Debbie Ludovico, Joe Benoit
The applicant is waiving their request for a waiver from the 50 foot buffer. The applicant proposes to put in a 4 foot berm with a 7 foot stockade fence on top of it along the property line to Ludovico’s land. Debbie appreciated the changes, but requested that the inverter either be moved or a sound barrier be put around it. The applicant said that the stockade fence is what they usually use for noise reduction and this is already in place. Debbie asked that a condition of approval be that if she can still hear the inverter that another sound barrier be put in post construction if needed. Debbie requested that the project be reduced in size a bit so that she would not view the panels from her first floor windows. Joe Benoit echoed her requested. The applicant feels they have already compromised and are not willing
to cut back more at this time. The board needs a report back from Quinn Engineering before a decision can be made on this project. Shawn made a motion to continue the hearing on 1/22/19 at 7:30pm.
Adjourned: 9:25pm
Public Hearing – Common Drive Site Plan Review 147/157 Intervale Road – Richard and Tabitha Merchant
Open: 9:30pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Luke Richard, Maria Firstenberg, Skip Clark, Rick Merchant, Mark Elbag, Jr.
The board reviewed the plans for the common driveway. Dave stated that the fire chief (Seth Knipe) had no issue with the proposed driveway. Tim moved to approve the common driveway. Dick 2nd, all in favor. Shawn moved to close the hearing. Dick 2nd, all in favor.
Closed: 9:35pm
Public Hearing Continuation – 199 Glenwood Road Solar – ASD Glenwood (Skip Clark’s land)
Open: 9:36pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Skip Clark, Lawrence Cook, Maria Firstenberg, Luke Richard
The applicant is waiting for feedback from Quinn Engineering. Tim questioned where the lines will be. The applicant said it will run underground when possible and go above when they hit the wetlands and near where they have to connect. There is a request for a waiver from 50 down to 25 feet. There is wetland on that side and no homes. Tim moved to continue the hearing on 1/8/19 at 6:35pm. Dick 2nd, all in favor.
Adjourned: 9:45pm
Brice Lemon: General discussion ensued. Phase II will not be allowed until the bike trail is put in.
25 & 29 Finn Park Road ZBA Meeting: The board has no comment on this.
Solar Bylaw Update: Dick would like to change the 50 foot vegetative buffer to 100 feet. Tim agreed and thought it could help with the sound buffer. Norm brought up the fact that this may greatly reduce the size of the solar projects and the landowners may feel their use of land is being obstructed. He was not necessarily for or against this change, but rather just wanted to consider all sides and points of view. Another idea the board brought up was limiting the number of permits that could be granted in a year. They also considered getting rid of the possibility for a waiver for the 50 foot buffer.
Tim made a motion to close the meeting. Dick 2nd, all in favor.
Close: 10:14pm
Respectfully submitted,
Laurie Becker, Secretary
Minutes approved on 1/8/2019
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