Minutes 1/8/19
This meeting was recorded for the secretary’s records. This meeting was also filmed for local access TV.
Location: Rutland Public Library Large Meeting Room
Open: 6:38pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Greg Pospiel, Deb Pospiel, Ron Barron, Katie Wittkop, Donna Blaum, Skip Clark, Lawrence Cook, Max Lamson, Silvia Ruzbasan, Harold Reader, Christopher Anderson, James Basile,
Minutes- The board reviewed minutes from 12/11/18. Dick made a motion to accept the minutes with one correction. Shawn 2nd, all in favor. In the 12/11 minutes it was stated under Spruce Hill that Julian has documentation supporting the fact that water and sewer were approved at that location before the moratorium was in place. Dick wants to see this documentation. David said he will request the documentation be in hand for when the hearing starts. Dick noted that he will not be attending the Feb. 12th meeting and will not be remoting in.
CMRPC – Ron Barron from Central Mass Regional Planning Commission came in to speak about proposed projects with District Local Technical Assistance (DLTA) grants. One project concerns solar and why there are so many solar projects coming in currently at such a rapid rate. This application will be submitted in March. The second grant has to do with rezoning of parcels in areas near lakes. Areas like Cool Sandy Beach would benefit from this research. CMRPC is trying to get several communities together to work on this. They would like to write a new model bylaw that several communities could use. Dick is highly supportive of this project. The third project is working with RDIC on the Rutland Heights property. A letter has been drafted for the board to sign for this project as this grant will
be applied for this week. RDIC is in favor of this project. Dick made a motion to sign the letter of support. Marilyn 2nd, all in favor. Norm signed on behalf of the board. There is also an extension to the Marijuana Technical Assistance program. Ron would need a letter of support from the Planning Board for each program they are interested in.
Correspondence- The board received a letter that said it was a citizen’s petition regarding solar bylaws. Norm explained that citizen’s petitions are to change bylaws which is a process cared for at town meetings, not at Planning Board meetings. The petition should be submitted to the Board of Selectmen and the signatures on the petition must be certified by the Town Clerk and/or Board of Registrars. Silvia requested documentation in writing of the process to follow to submit a petition. Laurie will send her the legal information via email. Norm stated that changes to bylaws are not retroactive. Tim gave the reference of M.G.L. Chapter 40A Section 5.
ANRS: None
Public Hearing Continuation – 199 Glenwood Road Solar – ASD Glenwood (Skip Clark’s land)-
Open: 6:58pm
The board reviewed the latest Quinn report with the applicant. The report was incorrectly dated 1/7/2018. It should have been 1/7/2019. The applicant stated that the references to groundwater recharge have been eliminated. Updated plans have been submitted. The applicant has not had time to address comment 9. He requests that it be put as a condition of approval that no construction can take place until Quinn is satisfied that this has been resolved. On comment 11 the applicant states the land will be professionally surveyed before construction. Norm would like this to be a condition of approval as well. All other Quinn comments have been resolved. It was noted that the knox box must be obtained through the fire department. This should also be written as a condition of approval. The waiver they are
requesting will be put in as a notation within the approval notice of decision.
Dick made a motion to close the public hearing. Shawn 2nd, all in favor.
Closed: 7:08pm
There was general discussion about the number of solar projects currently in town and how many have recently been submitted. There was concern from the abutters in attendance about the number of projects. They feel this number should be limited. Silvia Ruzbasan is interested in learning what the revenue from the PILOT agreements for the new solar projects will be. Those figures are not available at this time. Dick stated that the town treasurer should be able to provide this information for the solar projects that are already up and running in town. Silvia is upset with the number of solar projects going up around her property. She would like the Planning Board to stop approving them. Several residents would like to see the solar bylaws changed. Katie Wittkop is concerned about the potential fire hazard of
having a solar project near her home.
Public Hearing Continuation – 29 Campbell Court Solar (53/B/12.01) – ASD Campbell –
Open: 7:27pm
The applicant requested a continuation. Dick will not be available for the February meetings. Marilyn made a motion to continue the public hearing on 3/12/19 at 7pm. Tim 2nd, all in favor.
Adjourned: 7:29pm
Public Hearing Continuation – ZPT Energy Solutions, LLC (AMP Solar) 90 Bushy Lane (52/B/4)-
Open: 7:31pm
The board reviewed the Quinn report dated 1/8/2019. The applicant requested a conditional of approval be that the drainage analysis concerns be approved by Quinn prior to construction. In reference to comment 5 the board would like there to be a condition of approval that they have confirmation from ConCom that the project is being done within their guidelines. Comment 7 is an easy fix for the applicant and it was requested that this being corrected and approved by Quinn be a condition of approval. It was noted that this solar array cannot be increased in size due to the wetland and DCR constraints. The abutters had general questions about the project which the applicant answered. There are no waiver requests for this project.
Dick made a motion to close the public hearing. Marilyn 2nd, all in favor.
Close: 7:50pm
Public Hearing Continuation – ZPT Energy Solutions, LLC 258 East County Road (65/A/1.07, 1.08, 1.09& 1.10) –
Open: 7:51pm
The board reviewed the Quinn report dated 1/8/2019. The board would like a condition of approval to be that Quinn comments not marked as resolved be rectified and approved by Quinn prior to construction. There is a waiver requested along the edge of property that abuts land owned by the applicant. There is a letter on file that states that applicant approves this waiver. The letter is dated 11/24/18. Silvia Ruzbasan, who is very familiar with the property, believes that the maps shown are inaccurate.
Dick made a motion to close the public hearing. Marilyn 2nd, all in favor.
Close: 7:58pm
Public Hearing – ZPT Energy Solutions, LLC 101 Glenwood Place Ext. (66/A/6) -
Open: 7:59pm
The applicant is requesting a 5 foot waiver along the Mass Wildlife Property and along the border that abuts the property owned by Ball which is a previously approved solar array. The board reviewed the Quinn report dated 1/8/19. There were similar comments concerning drainage as the other hearings this evening. The applicant requested that these items being addressed be put as a condition of approval. There was discussion between the board and Silvia Ruzbasan concerning the HOA that is responsible for the private part of the road that leads to this solar array. There will need to be an agreement between ZPT and the HOA for underground conduits to be run. Prior to occupancy of the estate lots on Glenwood Place Ext. Blair is responsible for the private road. The applicant stated that the
property used for the solar array will be part of the HOA. Tim questioned if there was a turnaround for public safety vehicles. There is a turnaround and David George stated that Seth Knipe, fire chief, does not have issues with this project. Seth requests the same condition of approval be put on all solar projects with having the knox box obtained through the Fire Department.
Dick made a motion to close the public hearing. Tim 2nd, all in favor.
Close: 8:07pm
Notice of Decision 0 Campbell Street Solar Array-
The board reviewed the draft notice of decision written by David George. Dick had previously reviewed the draft and requested a change. David has made the correction. Norm feels the notice is well written. Dick made a motion to sign the site plan approval for the 0 Campbell Street Solar Array. Shawn 2nd, all in favor. The board signed the document.
Notice of Decision Common Driveway for 147/157 Intervale Road (Merchant Property)-
The board reviewed the draft notice of decision written by David. Tim made a motion to sign the site plan approval for the Common Driveway at 147/157 Intervale Road. Dick 2nd, all in favor. The board signed the document.
Carewell Dental Sign - A complaint was made to Board of Selectmen member Sheila Dibb about the scrolling sign for Carewell Dental. Skip Clark said this was not brought up to the rest of the board members and he was unaware of the complaint. The minutes were reviewed. The applicant had stated the sign would not be flashing. There was discussion as to whether flashing and scrolling are the same. The Planning Board did not put any written conditions on the permit for the sign outside of the constraints stated in the Sign Bylaw. This matter is under the jurisdiction of the building inspector to enforce the Sign Bylaw Regulations are being met. The bylaw subcommittee may want to make revisions to this bylaw in the future. Dick stated that he did go measure the location of the sign and it was properly positioned per
the bylaw.
Brice Lemon- A recent Quinn report was received dated 1/8/2019. Gravel on phase 2 in being put in. There was discussion about an email thread between Quinn and Blair. The end result of this thread regarding gravel is that Blair will rectify the situation (See email dated 1/8/2019). (Note: This email thread should be printed and filed in the Brice Lemon Binder.) Dick would like David to research if it is ok for a builder to construct a house on phase 2 before completion of phase 1. Dick would like the regulations reviewed. What are the restrictions of the covenant?
CMRPC Invoice #3779- It is still unclear if this invoice should be paid in full by the planning board or if a portion should come out of the general fund. Dave will check with the treasurer/collector.
New Planning Board Secretary Interview Panel – The position has been posted internally. It was discussed that the previous secretary was interviewed by the Planning Board Chair and the Town Administrator. The board feels that since the funding for the secretary comes out of their budget, and not the general fund, that they should have sole say in the hiring process. Tim recommended that Norm and David do the interviews. The other board members agreed. Dick was concerned because he had heard of someone who was interested in the position who did not apply and the deadline has now passed. There has only been one applicant for the position to date. Tim made a motion to extend the deadline of the posting to January 15, 2019. Marilyn 2nd, all in favor.
Budget Process - David is looking for assistance with the budgeting process. Norm said that he should obtain last year’s budget from the accountant. Norm said the Planning Board budget is pretty straightforward. Norm would like a larger portion of David’s wages to come from the general fund and a small portion from the PB administrative account. Norm does not want to get into a situation where if building slows down in town, there may not be sufficient income to cover David’s wages.
Implementation of Viewpoint online permitting – The process is moving forward. It will start with the building department. They are working towards a successful completion. Dick wants to make sure that Viewpoint doesn’t take up so much time from David, that he is unable to continue the duties with the Planning Board. Norm does not think this will be an issue.
Other- Marilyn noted she will be away for the March 26th meeting. Norm asked David to track vacations. Dick will be away for both February meetings and hopes to return in time for the March 12th meeting. Dick will not remote in. Marilyn said she could remote in if needed.
Shawn made a motion to close the meeting. Dick 2nd, all in favor.
Close: 8:52pm
Respectfully submitted,
Laurie Becker, Secretary
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