Planning Board
Meeting Minutes
February 26, 2019
Annex Building
6:30 p.m.
Present: Tim Nahrwold, Marilyn Sidoti, Shawn Moore, Norm Anderson
Others: David George, Town Planner and Community Development Coordinator, Abby Benoit, Administrative Secretary
Absent: Dick Williams
Mr. Anderson opened the meeting at 6:31 p.m.
Mr. Nahrwold moved to accept and approve minutes from January 8, 2019 as presented, with corrections to page 4 changing interval panel to interview panel. Mr. Moore 2nd. Vote unanimous.
Mr. Moore moved to approve minutes from January 22, 2019 as presented with correction from Sean to Shawn. Ms. Sidoti 2nd. Vote 3-0-1
There was discussion about visiting the Treasure Valley site to hear the invertors at the solar field and to review noise level. The Board discussed reviewing the by- law and possibly increasing the buffer for the invertors and batteries.
Invoices, Brice Lemon, Spruce Hill and 3 ZPT solar projects
There are pending invoices for the solar companies and the Quinn Engineering reviews. The companies have received updated invoices for their engineering bills. Brice Lemon and Spruce Hill have also been billed for the negative balances in the subdivision revolving accounts.
CMRPC FY 20 assessment
The Town Administrator has stated that the town can fund the Planner and Community Development position in this year’s budget, a portion will no longer be paid out of the Planning Board revolving accounts. The Planning Board may need to take over the CMRPC assessment, which is approximately $2000.00.
There is an informational meeting Wednesday 2/26/19, hosted by the Growth Management Committee. CMRPC will be presenting the phase 2 study for buildout analysis and looking for public input. Mr. Anderson said this may lead to modification of zoning by laws. Historically this has been shot down by the town.
There are no ANRs for this meeting.
McAllister Estates – Request for continuance special permit and subdivision from 2/12/19 to 2/25/20 and extension of time for a decision from 3/14/19 to 3/31/20.
There was discussion about rescinding the project. The special permit can expire if there is nothing done regarding the special permit for at least 2 years. If it is not exercised or extended it would lapse unless work has begun. Mr. Nahrwold is concerned with continuing to extend the special permits when work has not begun. Another subdivision was extended previously for a year. Mr. Anderson questioned if the public hearings were ever closed.
Postponement, 0 Main Street, assessor map id 029-a-10.9, special permit, Spruce Hill 34-unit senior housing development, postponement from 2/12/19 to 2/26/19 due to local declared emergency related to 2/12/19
There needs to be retroactive approval of the postponement and a vote to extend the time limit for the hearing because of the snow emergency on the last scheduled meeting and hearing date.
Ms. Sidoti moved to retroactively approve the postponement of the hearing for 0 Main Street, Spruce Hill 34-unit Senior Housing Development from 2/12/19 to 2/26/19 and extend the time limit for the hearing from 2/12/19 to 2/26/19. Mr. Moore 2nd. Vote unanimous.
Hearing
7:00 p.m. 0 Main Street, Assessor Map id 029-a-10.09, special permit, spruce hill, 34-unit senior housing development
Mr. Anderson opened the hearing at 7:01 p.m. The Board has received numerous documents including the Quinn reports.
The plan was presented for a 34 unit senior housing development by Michael Votruba in behalf of Jim Soucy.
Mr. Anderson stated that there is a difference in opinion between Quinn and New England Environment Design. This is the biggest senior housing project that has come into the town.
Mr. Anderson stated that there are many references in the Quinn report that refers the decision to the Board.
The most recent comments are in response to the applicant’s prior comments.
Attorney George Kiritsy, representing Jim Soucy, confirmed that the property is at the top of the hill next to the rectory. The application is for a special permit for senior housing under the Rutland Zoning By-Law for Senior Housing. There will be multiple buildings on one parcel. There is a common drive that will service all buildings and the driveway and sidewalks have the functional equivalent of a subdivision, but it is not considered a subdivision plan only a common access drive. This section of the property is significantly removed from the wetlands and outside the jurisdiction of the Conservation Commission and DEP. The property is also going to be serviced by town water and sewer. It will be a single forced main from the project and tied into the forced main on
Main Street from the Brice project. The line within the development is private and the town will not be responsible for the line inside the site. There would be a single connection point to the main at the street.
The Board reviewed the Quinn report of February 22nd. There was discussion about item number 7 from the original Quinn report. There is an outstanding question regarding sprinklers and if they are necessary because of the proximity of the buildings. Number 7 has not been resolved, the answer is still pending.
A resident from the audience stated that he thought the land was supposed to be divided into estate lots. Mr. Anderson answered that at one time it was, this special permit would override the previously proposed estate lots. There has been an update to the erosion control line.
The posting in the Town Hall is from the original plans. The public hearing is based on the originally submitted plans, since that time there has been changes in the plan that pertain mostly to storm water management. The hearing will not conclude until the final set of plans is received. The town is awaiting updated paper plans to be filed with the Town Clerk.
Number 4: Shrubbery was added to the plan to include a row of trees.
Mr. Liptak wanted to be assured that a row of trees will remain in the front of the project. Mr. Soucy confirmed that the existing spruce trees will remain and they will be included in the plan.
Number 5: The documents will be drafted by the applicant’s attorney which will then be reviewed by town counsel prior to approval of the special permit.
Number 6: Additional parking has been added to the plan and the road is 24 feet wide. Each unit will have their own parking and garage. The handicap spaces in the additional parking areas have been removed from the plan. The other three projects in town do not have accessible spots. The zoning by-law does not require additional parking and does not require handicap accessible parking. The road will always remain private. Mr. Anderson asked about the slope of the driveways. Attorney Kiritsy stated the max grade for AAB is 5% without ramping.
A resident from the audience asked if a portion of land was designated for open space. The Board confirmed it was all estate lots. The land was originally proposed as a subdivision and it changed to estate lots. The open space received resistance with the public so the plan was modified with A&R and estate lots from the first plan which was not approved.
The road grade was discussed. Mr. Liptak read the Senior Housing bylaw purpose with discussion about appropriate amenities to make it comfortable for people over the age of 55.
The Board asked for the slope of the individual driveways. The individual driveways are approximately 16 feet. The board stated that the accessible extra spaces do not seem necessary and they will not require a waiver.
Number 8: The right of way was discussed and the leveling area. DOT has issued the driveway permit for the site. A waiver would need to be issued for beyond the right away because the grade exceeds 3%.
Number 9: There is a calculation under 48c regarding the density of the lots. It is not a subdivision and the density does not need to be limited.
11. The Fire Chief is agreeable to number 11.
12. The current distance is 300 feet with double catch basins at both locations. The applicant will request a waiver.
13. The catch basins will be a standard square opening grate. The board was not agreeable to having the catch basins in front of or in any of driveways. The board asked that the catch basins be relocated away from the driveways and that the plans be amended to show this change. Granite boxes will not be used.
15. All of the work is over 100 feet away from the wetlands and they are outside of the buffer zone. Mr. Nahrwold asked for DEP’s direct opinion.
Mr. Liptak asked about design criteria for special permit section 47 g. It states to avoid an increase in peak. Mr. Anderson stated that post construction there is not supposed to be any additional runoff from the property. The current design is for a ½ inch runoff and the Quinn report asks for a 1 inch runoff because it is close to an Outstanding Water Resource. The Board will follow up with Quinn for additional clarification.
17. The Board will ask for additional clarification from Quinn.
19. Item number 19 has been resolved.
20. The Board will ask for additional clarification from Quinn.
23. It is within the boards prevue to ask for a resume to determine if the stamper is qualified to be stamping the plan. Every plan has an official stamp, in some situations it can be a stamp for a land surveyor, but the most common is a civil engineer. The board asked for documentation of education and experience from the engineer who stamped the plans.
24. The Board would like documentation and the signed permit from DPW before the special permit is approved. There will be 34 E1 pumps with one pipe up the driveway within the private system. The sewer permit is the jurisdiction of DPW.
28. Mr. Votruba stated that the maintenance of the rip rap would be easier than a solid surface for residents maintain. The Board would like clarification from Quinn regarding their recommendation for a solid surface, they will invite Mr. Hultgren to attend the next meeting.
34. The Board will ask Quinn for additional clarification.
38. There were no comments.
Mr. Anderson spoke about the exterior diversity including the color and the roofline. There is 15 feet between each house and exclusive use behind each unit which will be followed by common space.
Mr. Liptak asked about the design criteria letter c number 47 and if there are any concerns with safety for vehicles and pedestrians. He also brought up school traffic in the afternoon and encouraged the addition of a side walk for Main Street. Mr. Anderson stated that the roadway will be built to subdivision standards which address’ safety. He stated that a special permit is to encourage housing for individuals in all economic levels and this could be an opportunity for the Town. Mr. Soucy stated that the entire project is affordable housing.
Ms. Sidoti moved to continue the hearing to March 12th at 7 p.m. Mr. Moore 2nd. Vote unanimous.
Review and approve decision 271 Glenwood Road (65/a/5), solar site plan approval
Mr. Moore moved to approve and sign the site plan approval for the solar site at 271 Glenwood Road. Ms. Sidoti 2nd. Vote 3-0-1
Review and approve decision 0 Glenwood Road 65/c/1, solar site plan approval
Mr. Moore moved to approve and sign the site plan approval for the solar site at 0 Glenwood Road. Ms. Sidoti 2nd. Vote 3-0-1
The Campbell Court solar project will be withdrawn.
McAllister Estates:
Mr. Anderson believes that McAllister Estates will not begin for another 5-10 years.
Mr. Anderson recommended granting a one year extension and not to extend after one year. The Board will review options with town counsel.
Mr. Moore moved grant an extension to the public hearing from 2/12/19 to 2/25/20 and the time for a decision from 3/14/19 to 3/31/20 for McAllister Estates. Ms. Sidoti 2nd with the amendment that the board is unlikely to grant additional extensions. Mr. Moore moved with the extension and Ms. Sidoti 2nd. Vote unanimous.
The Board will receive legal opinion.
Video recording upcoming Planning Board meetings
The Cable Committee has more availability to video additional meetings. The Board discussed concerns with the quality due to space restrictions in the Annex. The Board did not object to their meetings being filmed if other boards are being also being filmed.
Brice Lemon
Mr. Moore said that they are wanting to start on a couple of houses that are on Main Street near the pump station. This is part of phase 3.
Mr. Nahrwold moved to send a letter to Mr. Blair requesting a replenishment of the consultant accounts plus an additional $10,000. Ms. Sidoti 2nd. Vote unanimous.
Citizens Planner Training Collaborative March Conference
Mr. George would like to attend, the conference is at the College of the Holy Cross.
Mr. Nahrwold moved to approve Mr. George attending the conference. Ms. Sidoti 2nd. Vote unanimous.
Mr. Anderson stated the Ad Hoc By Law Committee has been formed. They have had their first couple of meetings. The charge is to recodify the general by laws, the second portion is to create a by law to create a permanent by law committee. They will review if the committee will be responsible for general by laws and/or zoning by laws. There is a possibility that the town will be getting direction for growth management and work may need to be done to the existing zoning by laws.
The board agreed that the by law subcommittee has done an outstanding job.
A noise by law needs to be addressed.
There was discussion for Viewpoint and its current status.
Mr. Nahrwold moved to adjourn. Ms. Sidoti 2nd. Vote unanimous.
Meeting adjourned at 10:05 pm
Respectfully Submitted,
Abby Benoit
Administrative Secretary
Planning Board
Approved__________
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