Joint Board of Selectmen/Planning Board Meeting
Monday March 18, 2019
Rutland Public Library
6:30 p.m.
Board of Selectmen Present: Jeff Stillings, Wayne Walker, Leah Whiteman, Sheila Dibb, Leroy Clark
Planning Board Present: Dick Williams, Shawn Moore, Norm Anderson, Tim Nahrwold
Planning Board Absent: Marilyn Sidoti
Others: Michael Nicholson – Town Administrator, David George – Town Planner, Peter Craine – Bylaw Committee, Laura Paradise – Executive Assistant
Sheila Dibb opened the meeting of the Board of Selectmen at 6:30 pm.
Norm Anderson opened the Planning Board meeting at 6:30 pm.
The meeting was filmed for Channel 191.
OLD BUSINESS
Bear Hill Easement, Glenwood Place Easement
At the Board’s last meeting they voted to sign the Arrowhead Way easements. The documentation should have also included easements for Bear Hill and Glenwood Place. Those were presented to the Board tonight.
Ms. Whiteman moved to sign the easements for Bear Hill & Glenwood Place, Mr. Clark 2nd. Vote unanimous.
APPOINTMENTS
Clea Blair, 8 Heritage Hill Drive, had attended last week’s Planning Board meeting at which a Managed Growth Bylaw was discussed. Mr. Stillings had asked to include Mr. Blair on the agenda so his questions could be addressed. Mr. Blair stated he has questions that are better suited for Public Comment and will wait until after the general meeting discussion. His primary question is whether the reason for a Managed Growth Bylaw is because of the water & sewer issue.
The Boards will return to Public Comment later in the meeting.
NEW BUSINESS
Review CMRPC Growth Management Phase 2 Study and Growth Management Steering Committee
Mr. Stillings, on behalf of the Managed Growth Steering Committee, thanked both Boards for coming. He reviewed the progress of the Committee thus far. The Committee consists of members from the Board of Selectmen, Planning Board, Conservation Commission, Board of Health, and CMRPC. Joe Buckley – DPW Superintendent, David George – Town Planner, and Mike Nicholson – Town Administrator participate as technical experts on behalf of the Town. Ron Barron of CMRPC serves as Chair. [See attached addendum.]
Tonight’s meeting is the result of CMRPC’s Phase II analysis. Mr. Stillings provided a summary of the presentation and analysis.
Growth Management Bylaw
Ron Barron and David George are working to draft a Managed Growth Bylaw for the May 2019 Annual Town Meeting. CMRPC recommends the bylaw include a Sunset Clause for 5-7 years, and exceptions for 55 and older housing.
Mr. Stillings provided examples of bylaws in other local towns, including Douglas and Sterling. Mr. Williams liked Sterling’s bylaw in terms of special procedures and exemptions. He would like to see open space recognized, as well.
There was discussion of taking pieces of bylaws from other area towns as they would best apply to Rutland. Focus should be put on the number of permits allowed.
Ms. Dibb asked whether Boylston, Holden, or Leicester have a development schedule and whether that would be relevant to Rutland. Mr. Stillings stated there are a few that discuss single builders. The Planning Board could look at special exceptions if it benefits the community.
Mr. George discussed the development schedules as they apply to projects with more than one unit intended to be built eventually. Rutland’s prior attempt had a similar schedule. Some bylaws don’t have a schedule, just first-come, first-serve for the number of permits allowed per year.
Ms. Dibb asked if the Planning Board feels a schedule would be needed. Mr. Anderson discussed the original bylaw’s schedule, which would only affect subdivisions yet to come and not existing subdivisions.
Mr. Nahrwold asked about the Douglas bylaw and the relevance to assessment. It was discussed that pieces of the various bylaws would be considered. Mr. Nahrwold discussed the Planning Board’s approach to forcing the issue with phase management within subdivisions. Mr. Moore discussed if a new subdivision were to come in, instead of pulling permits for 100 houses they would pull 5 permits for that year. Mr. Moore asked how the Town would limit growth with regards to individuals building on their own property versus subdivisions.
Mr. Stillings favors replicating already legally reviewed bylaws to avoid delays prior to the May Annual Town Meeting.
There was discussion of the Planning Board’s feelings on the bylaw. Mr. Anderson feels a strong bylaw should be written and would recommend each Planning Board member voice their opinions individually.
Mr. Anderson would rather start with a template than cut and paste from other Towns, preferably using the previously proposed Rutland bylaw as a template. Ms. Dibb asked if the Planning Board would be prepared to move forward with presenting a theoretical bylaw at a public hearing and Town Meeting.
There was discussion about who helped draft the Rutland draft bylaw 18 years ago. Mr. George discussed the framework language resembling a model bylaw from the Cape Cod Commission, which he would consider a reliable source.
Ms. Whiteman stated the only thing that stands out with the original draft bylaw is the length and discussed possibly being able to streamline the new bylaw.
Ms. Dibb asked if there was any comment on the exemptions such as monthly cap and development phasing. Boylston’s list of exemptions is very clear and logical. Mr. Stillings noted that the Boylston bylaw dated from 1992.
Mr. Moore asked about the comparison between Douglas and Rutland. Douglas is comparable in size and location relevant to Worcester.
Mr. Stillings stated the Steering Committee also discussed a Wetlands Bylaw, but in the interest of time they chose to focus on a Managed Growth Bylaw to streamline things for Town Meeting.
Mr. Nahrwold discussed the template not taking into consideration the three Town centers that have passed and the potential for business and residential growth. The Town centers should not be excluded from a bylaw. Mr. Stillings discussed down-zoning and up-zoning.
Ms. Dibb discussed phasing to prevent someone from coming in at the start of the year and claiming all the available permits for the year. Mr. George discussed exemptions.
There was discussion about preserving the concept of retail space with apartments. Mr. Stillings stated there could be a clause or provision allowing special permits. Mr. Nahrwold asked how the bylaw would affect the RDIC as they are their own entity. Ms. Dibb stated RDIC’s master plan notes they are not very interested in residential development. Ms. Dibb has reached out to Mike Sullivan and recommended pulling him in for the next discussion. There was discussion about whether RDIC would be subject to Planning Board oversight for special permits. Ms. Dibb suggested an exemption for the HPDD.
Mr. Anderson mentioned the solar facility which must go through both RDIC and the Planning Board as an example of the process. Mr. Moore would like to bring in a representative from RDIC for further discussion.
Mr. Moore discussed the Town losing money from tax revenue over the cost of houses and whether there would be limits on the cost of homes. Mr. Stillings stated there was no reference for the price of houses in the sample bylaws he had reviewed.
Mr. Anderson asked Mr. Blair about the average price of homes being built in Brice Lemon. Mr. Blair would estimate around $425,000 but the prices are going up.
Mr. Nicholson advised against putting a specific dollar amount in the bylaw. Ms. Whiteman discussed the figures from the CMRPC Phase II study’s numbers of students per household. Mr. Stillings stated Mr. Barron will be doing further studies on students, water and sewer, and traffic data and the results on public resources such as public safety and the schools.
Ms. Dibb stated the student per household numbers are potentially skewed by the lower housing stock.
Mr. Stillings asked if the Planning Board is on board with pursuing a growth management bylaw. The Select Board and Steering Committee have both formally voted to support.
Mr. Williams moved that the Planning Board recommend pursuing a growth management bylaw, Mr. Nahrwold 2nd. Vote unanimous.
Mr. Nicholson noted that Town Clerk Anita Carlson added a new page to the website to include agendas and minutes for the Managed Growth Steering Committee for those interested in reviewing.
Ms. Dibb asked the Planning Board what a logical number of permits would be. Mr. Moore discussed looking at an average of the last year’s building permits. Mr. Anderson feels it would be difficult to base the future needs of Rutland on the past.
There was discussion on setting a number limit on permits per year based on the comparable Towns versus the Rutland averages over the past few years. Mr. Moore asked about the active permits in Town. Mr. Stillings stated there are up to 400 active permits. Mr. Moore asked about a moratorium on all building until those 400 permits are completed. Mr. Nicholson provided an example moratorium that Marlborough passed. A moratorium could be up to 2 years, as opposed to a Sunset Clause of 5-7 years. Mr. Stillings feels a moratorium would be a time-out until Town Meeting, but he feels a bylaw could be ready for Town Meeting.
Mr. Walker feels the number should be based on economics and not just an educated guess of the Boards based on history. Ms. Dibb suggested consulting the Assessors documentation breaking out Town services and the assumption that large houses of high value will likely attract families versus “empty-nesters”.
Mr. Anderson asked whether the actual goal is to eliminate spikes, or slow down growth. To even out the spikes, the limit should be based on the average. Ms. Dibb stated the spikes didn’t affect the Town until after the fact when the Town couldn’t absorb the increase in services needed. There was discussion of having both goals in mind. Ms. Whiteman feels the short-term would be slowing down growth and the long-term would be to eliminate spikes. Mr. Nahrwold feels playing catch-up will be difficult.
Mr. Stillings asked if both Boards reaching a consensus on a number tonight would be possible. The past five-year average is about 35-40. The lowest over the last 10 years was 38, the last 5 years was 43. Ms. Dibb asked about the lowest point. Mr. Stillings did not have that data, but the lowest point would be in 2008 at the start of the recession.
Ms. Dibb stated when the number is set it would allow for individual construction, which could increase the number. Mr. Walker stated the number will need to be justified to voters at Town Meeting. Half of the five-year average would be 19. Mr. Moore would be okay with 19.
Ms. Dibb stated the draft Mr. George provides will go to a public hearing, at which point there will be feedback from the public.
Mr. Moore asked about the bylaw subcommittee. Mr. Nicholson stated their charge will not include any zoning bylaws.
Mr. Anderson feels the number is irrelevant without a good strong bylaw. Ms. Whiteman feels the number would have to be lower than the current average to make a difference. Ms. Dibb feels, looking back, the Town could not functionally afford the number of permits being granted. There was discussion about getting input on a number from the public at the public hearing.
Mr. George stated any number put into the draft bylaw will be a placeholder. The Sunset Clause duration will also be a placeholder as the final duration would be determined by the permit limit number. Mr. Nahrwold asked if Mr. George should put the draft together and bring it before the bylaw subcommittee. The draft could be put together without final numbers and brought back for discussion after a public hearing.
Peter Craine discussed the process of posting a public hearing and the deadline for which a draft bylaw must be presented prior to posting. It was agreed to base the draft off the 2002 Rutland attempt with the specific notes discussed this evening.
PUBLIC COMMENT
Clea Blair, 8 Heritage Hill Drive, discussed the CMRPC report as the basis for the Managed Growth Bylaw and questioned the numbers of buildable lots and approved permits. He asked how they determined what land is buildable and what isn’t. Mr. Stillings stated the CMRPC presentation is available on the Channel 191 Youtube page. Mr. Blair asked what the per capita per parcel number is. Ms. Dibb stated per occupied building unit is 2.71, based on an assumption.
Mr. Blair feels the report is based on the idea of out of control growth. He cited the guidelines for water and sewer reporting used by the State and Weston and Sampson, as well as a study he has done personally in Holden. Mr. Blair feels Rutland is loaded with MDC land and tributaries, but the number of buildable lots in the CMRPC report is overstated. The assumptions used in the report are incorrect and don’t work in real life; he feels they would easily be challenged.
Mr. Blair feels the Boards should take the time to confirm the numbers from the CMRPC study and that the biggest issue is water.
Mr. Blair discussed when Glenwood School was built and asked whether Brice Estates and Noble Hill were taken into account. Ms. Dibb stated Glenwood is not at capacity yet, but the other two schools are. Student population numbers are only allowed to go out about 5 years.
Mr. Moore feels the water side of the discussion is only a small part of the need for a managed growth bylaw. Mr. Nahrwold agrees with Mr. Walker’s point that they should look at the economic side as the Town hasn’t been able to have a level-funded budget for a number of years, and that the reasons to move forward with a growth management bylaw are more financially motivated.
Mr. Stillings discussed that the CMRPC study is ongoing and reiterated that a final report is expected sometime in June.
There was discussion about the Town’s water sources.
Mr. Moore asked Mr. Blair for reasons other than water and sewer that the Town may want a growth management bylaw. Mr. Blair wanted to highlight the numbers to show that the reports on which the bylaw discussion is based are incorrect.
Peter Craine, 6 Nates Way, discussed his involvement in the additions and amendments of bylaws over the last 3 years. He shared Mr. Anderson’s concern over having a good, strong bylaw. He feels the time from now until Town Meeting may not allow for all the work that needs to go into the bylaw and its review. He feels the bylaw could be brought to the Fall Special Town Meeting instead, allowing for prudent review. He would like to see the time taken to do things right.
Ms. Dibb agrees that if the bylaw isn’t right, it won’t pass and won’t be worth the work. She does feel there are professionals within the Town now to help see the process through. Mr. Walker asked how the vote went on the original bylaw.
Mr. Stillings stated there was a majority in favor, but it was not a 2/3 majority as required for a bylaw approval. (240 yea, 178 nay – Annual Town Meeting, May 18, 2002.)
Mr. Anderson agrees with Mr. Craine that Annual Town Meeting is somewhat of a rush but feels it can be done with Mr. George and Mr. Barron working on the draft.
Mr. Stillings moved to adjourn the Board of Selectmen. Ms. Whiteman 2nd. Vote unanimous.
Mr. Williams moved to adjourn Planning Board. Mr. Moore 2nd. Vote unanimous.
The Board of Selectmen and Planning Board adjourned simultaneously at 8:41 p.m.
Respectfully submitted,
Laura Paradise
Executive Assistant
Board of Selectmen
Approved __________
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