Planning Board
Meeting Minutes
March 12, 2019
Community Hall Annex
6:30 p.m.
Present: Dick Williams, Norm Anderson, Marilyn Sidoti, Tim Nahrwold, Shawn Moore
Others: David George, Town Planner and Community Development Coordinator
Guests: Jeff Stillings, Clea Blair, Jim Soucy, Julian Vortruba, Michael Vortruba, George Kiritsy, Seth Knipe, Carl Hultgren
Opening of the meeting by Chair at 6:31 p.m., the meeting was recorded for the purposes of minutes.
Mr. Stillings representing the Board of Selectmen and Managed Growth Steering Committee spoke about the Phase 2 study from CMRPC, they began the study identify available buildable land and a reasonable anticipation of impacts at full build out. Mr. Stillings discussed the CMRPC presentation. There has been a 27% growth rate per decade since the 90s. Water and Sewer capacity is the biggest concern with full build out. Different options were presented by CMRPC, the Board of Selectmen is favorable to option 4 which would limit new building growth. Ron Barron from CMRPC stated that this is normally presented as a zoning by law. The Board of Selectmen voted that a by-law be drafted, this will require a public hearing and the Board of Selectmen would like to have a joint
meeting with the Planning Board to prepare for Town meeting. Mr. Nahrwold asked who would write the by law. Mr. Stillings said there are samples from 2002, but the number of permits needs to be data based. In 2002 the by law proposed a cap of 56 new homes, plus additional 5 and senior housing being exempt. The Board of Selectmen will also be perusing other options, which may include setting a water and sewer district. Water and sewer districts are set by the Planning Board after a public hearing. There currently is not an established water and sewer district. A Water and Sewer Commissioner meeting will be scheduled. The Planning Board is available for a joint meeting on March 18th at 6:30 p.m. to discuss a growth management by-law and the findings of CMRPC.
Mr. Blair asked if there was thought about cause and effect, he stated that the water and sewer numbers need to be reviewed. A managed growth by-law will increase low income housing.
Review of Minutes/Invoices/Mail/Correspondence
Mr. Moore moved to approve minutes from February 26, 2019 as presented. Mr. Nahrwold 2nd. Vote 4-0-1.
There are outstanding invoices to ASD for consulting fees for the solar projects. The ZPT payments are current. The Bear Hill and Brice payments were received, this will bring the accounts to a $0 balance. Mr. Anderson stated that the Brice account needs to be replenished to $10,000 before additional inspections are done.
ANR
- Brice-Lemon Estates: Mr. Nahrwold asked if this ANR was part of the subdivision. The ANR request is to take lot 111,.83 acres, and turn it into 2 lots, .37 acres and .46 acres. This lot is under phase 3 of Brice Lemon, if approved the homes cannot be built or sold under the covenant.
Mr. Nahrwold moved to approve the ANR for Brice Estates as proposed. Ms. Sidoti 2nd. Vote unanimous.
- Glenwood Place: There was discussion about the setback line and 200 feet of frontage. This ANR lot will modify two estate lots, there was discussion about the special permits for the estate lots and condition 3. If approved the two impacted estate lots would be the same size or larger than they were when approved. Lot 10, 8, 9, and 7 will change. Mr. Anderson stated that the only items subject to public hearing are the two estate lots which are large or equal to the original size.
Mr. Moore moved to approve the ANR for Glenwood Place. Ms. Sidoti. Vote 3-1-1.
Continuation of Public Hearing
Spruce Hill Development
Mr. Williams confirmed that he listened to the audio tape of the prior meeting and is able to participate in the continued hearing.
Mr. Hultgren from Quinn Engineering reviewed the comments from the Quinn Engineering and New England Environmental Design reports.
Comment number 3 has been resolved.
Comment number 4 is relative to landscaping. The plans show a line of shrubbery on the property line, Mr. Vortruba clarified that it would be arborvitae trees, the Board was satisfied.
Comment number 5 has been satisfied. There was discussion about the condominium documents, the association will be responsible for the maintenance. The maintenance requirements are outlined in the storm water report. Attorney Kiritsy will include the maintenance requirements into the HOA which will be sufficient for KP legal review.
Mr. Williams asked about the rights behind each unit. There is exclusive right behind each unit which is followed by common use space. Also, the steepness of the land behind some of the units limits practical use of the site.
Comment number is 6 according to Quinn has been resolved, the board will follow up with Town Counsel.
Comment 7 from the February 4, 2019 Quinn comments was reviewed. Hannigan Engineering deferred to the Fire Chief. There is 15 feet between each building. Chief Knipe has spoken to the Fire Marshalls office, under the NFPA and the plan is sufficient.
Mr. Nahrwold recommended that the housing be staggered, the zoning by law states that there needs to be 15 feet separation between the buildings. Chief Knipe said his only concern is the population and it is a wide-open space; the distance meets all of the building requirements so he is satisfied. Chief Knipe asked the water main size, it is 8”, the hydrant is located at the end of the road.
The Board agreed that they are satisfied with comment number 7 and with the 15-foot spacing between each building.
Number 8 the Board will need a waiver.
Comment 9 is resolved.
Comment 11 is partially resolved. The hydrant spacing is supposed to be per the subdivision regulations. Chief Knipe has no issues with the proposed hydrant location. The Board will require a waiver.
Comment 12, catch basin spacing. The current design has the catch basins spaced at 300 feet, the regulations state that they should be spaced at 250 feet. The design is acceptable, but a waiver will be required. The catch basins will also be changed to cascades on the hill side only.
Comment 13: The catch basins have been moved outside of the driveway openings, but they are still within 10 feet of the opening. Instead of requesting a waiver, the plan can be noted with all of the specs that are outside of the subdivision plan requirements.
Comment 15: It was requested that they use the next size, STC-2400 instead of STC-900 With the size adjustments all concerns will be resolved.
Comment 17 has been resolved.
Comment 19 has been resolved.
Comment 20 is deferred to the Board. The Board is satisfied with comment 20 upon further explanation.
Comment 23: A mechanical engineer can stamp civil plans as long as they have the education and experience to do so. There is precedent for the engineer doing this type of work which could go to experience. A letter was submitted from Mr. Best that has been accepted in other towns with similar questions. He has stamped other plans in Rutland, including Michael Drive and Arline Drive. Mr. Anderson stated that Quinn has also reviewed the plans. The Board is satisfied.
Comment 24: The applicant is working with DPW for the sewer connection permits, the Board will review the permits for conditions
Comment 28 has been resolved.
Comment 34 has been resolved
Comment 38: No fencing will be required.
Mr. Williams moved to continue the hearing to March 26, 2019 at 7:00 p.m. Mr. Moore 2nd. Vote unanimous.
Mr. Moore asked about the growth management work and up zoning or down zoning lot size. This is an option that CMRPC discussed. The Board talked about the wetland buffer and if this would be a zoning by law.
Mr. Williams believes that the Town should purchase land that is available.
29 Campbell Court Withdrawal Request
The applicant owes consulting fees for the proposed solar project. The withdrawal will take it out of the hearing phase. Mr. Williams wants the payment prior to the withdrawal being signed.
Mr. George said that the property owner of Campbell Court could also be responsible for the fees.
The Board will delay action until the next meeting.
Interview Panel Administrative Secretary
Mr. George advertised the position in the paper, posted in buildings and publicized on Facebook and by email blast. There is a deadline of March 25th for applications. The Board agreed that Mr. Anderson and Mr. George can conduct the interviews. Mr. Williams is also available.
Rutland Heights Solar
The Project Manager from Sol Systems came to Rutland and provided an update to the Select Board and RDIC. They are putting the lease together and have intent to move forward with the Heights and Wheeler Road projects. They do need to get other permits and an ISA connection agreement with National Grid prior to starting. Mr. George discussed the permitting process with them for the Heights property. There is a consensus to have a joint hearing between the Planning Board and RDIC to grant the permit. The Wheeler Road site will go exclusively through the Planning Board.
Distribution of Packets to Board
The Board likes receiving electronic copies of meeting material prior to the meeting and paper copies the day of the meeting.
Mr. Anderson spoke about the Ad-Hoc By Law Committee. They have started drafting a bylaw for a By-Law Committee. The By-Law Committee will be charged with reviewing general by laws and zoning by laws will be left with the By-Law Subcommittee. The new committee may possibly also review regulations.
Mr. Moore moved to adjourn. Mr. Nahrwold 2nd. Vote unanimous.
The meeting adjourned at 9:07 p.m.
Respectfully Submitted,
Abby Benoit
Administrative Secretary
Planning Board
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