MARCH  19, 2009





The meeting opened at 7:00 P.M.


Commission members present:  Anthony Flory, Richard Hoenes, Richard Lloyd,  Jerry Stearns, Tom Turner and Charles Vajda.


Review of the 3/5/2009 Minutes


Mr. Lloyd suggested adding the depth of Mr. Dumas’ spring as twelve feet.  Mr. Flory motioned to approve the minutes with this change and Mr. Vajda seconded the motion.  All approved with the exception of Mr. Hoenes, who abstained, as he was absent at the last meeting.


CVPS Presentation


Tim Upton, the Environmental Affairs Manager for CVPS started the presentation with an overview of the project.  There were pictures and drawings for the Commission to review.


A solar electric generation facility is planned to be constructed next to the Central Vermont Service Corporation’s Rutland Service Center on Route 7 North.  Construction is hoped to be started in the fall of 2009.  This will be connected to the grid and the project requires a certificate of public good from the Public Service Board before construction.  As part of Act 248 of the permitting process, they are required to go before the Select Board and the Planning Commission to provide notice, explain the project and answer any concerns or questions.  The Town can hold public hearings if desired.


Mr. Turner asked if they needed a letter in favor of the project and Mr. Upton said that they are required to serve a forty-five day notice to the Town before applying to the Public Service Board.  The Town could sign a form waiving the need to do so which would move the project along.  Mr. Upton is to leave a form with Mr. Zingale for the proper person to sign.


Martin Bowen, an engineer from CV PS, is the Project Manager and he said they were focusing on an educational component which includes partnering with the Stafford Technical Center.  Local vendors will be used for some of the materials.  They will employ local workers as well.

John Blittersdorf, a representative from CV Wind and Solar, added more detail.  There will be a 12’ X 12’ shed to house the electrical components.  The solar panels are purchased from a company in Massachusetts and the inverters are from Germany.  The panels are very rugged and can withstand all types of weather.  Mr. Turner asked about vandalism and the representative said that other similar projects have not experienced any.


Mr. Stearns asked how many homes this project could service and if any expansion was planned for the future.  The answer was that the panels provide about 50 kilowatts of power and this would provide service to about twenty to fifty homes depending on usage. There is a plan to possibly quadruple the size of the solar generation facility.


Mr. Vajda asked about the removal of trees.  He was told they would have to remove a line of trees.


Mr. Lloyd motioned to waive the need for a forty-five day notice and support the project. Mr. Stearns seconded the motion.  All were in favor.


Rutland Town Plan


Tara Kelly from the Rutland Regional Planning Commission was present to review some more sections of the update to the Town Plan.


                             Government helping first time home owners.  He is to provide

                             Ms. Kelly with a newspaper article where he got his   



                                to Pg 19.  He also added that the back-up generator project

                                had been completed.  Mr. Turner said that some of the

                                numbers needed to be changed on the enrollment/capacity

                                section and he provided numbers from the last Town Report.

                                He also wanted a change to the water and sewer on the last

                                page and also a sentence encouraging citizens to participate

                                on the local School Board.


                                Ad Valorum agreement with the City be added and that this

                                tax is specific to each owner of a business.  He also   

                                suggested a change to an awkward sentence on a study

                                done by the Dufresne Company on an alternative to City







                                                   of the Rutland Town Fire Department, not 40. 

                                                   He also said that the roof project on McKinley

                                                   Avenue was complete but this station has been

                                                   connected to the City sewer line. There were a 

                                                   few other minor changes to sentence and some  

                                                   typos to fix.





Mr. Vajda motioned to approve these sections with the changes.  Mr. Flory seconded the motion.  All were in approval.  Ms. Kelly will attend the next Planning Commission meeting and she said that there should only be about two more before the final draft is done.


Tracy and Nancy Hubbard Subdivision


Mr. Turner mentioned that the Commission had made a site visit to the Hubbards’ property on March 16th.  Mr. Hoenes and Mr. Matteson will go at another time.  Mr. Turner asked that Mr. Lloyd talk about the site visit and what was discussed.  Mr. Lloyd said that an appropriate culvert system was agreed to by both Mr. Dumas Jr. and Mr. Hubbard that avoids both springs.


A meeting between both parties and their lawyers was discussed and all agreed there should be one to work things out to everyone’s satisfaction but no date is set as yet.  Mr. Branchaud has made up the boundary line agreement to be signed as discussed at the last Planning Commission meeting. Mr. Turner asked that a copy of this agreement be given to the Planning Commission.


Mr. Hubbard asked that the Commission make a motion to go to the final hearing on April 16th.  Much discussion ensued.  Mr. Dumas Sr. said that they needed to talk to Mr. Martin of Beechwood Farms on the new plan for the culvert system.  This new plan involves moving the culvert 150 feet north to by-pass both springs.


Mr. Turner said he would like a report from the Town Health Officer, Stan Rhodes, concerning the potential drinking water problems from the springs.  .  Mrs. Cook’s daughter-in-law said that the test done of the Cook spring in 2007 showed ecoli bacteria and Mr. Dumas Sr. said that he had a test done in 2008 that also showed ecoli bacteria.  Mr. Flory asked how previous tests to these came out and she said that they were okay.  Mr. Zingale said that tests would need to be done on the tap and the source.  Mr. Turner also said that he would like a report from the engineer hired by the Hubbards to check the adequacy of the proposed drainage system.



 Mr. Candon, the attorney for the Dumas family, was concerned about this as Mr. Hubbard had removed a lot of vegetation that used to help the run-off of the water.


Mr. Turner wanted to know if the right of way on Stratton Road was documented.  Ms. Hubbard said that it was included in the previous subdivision.  Mr. Stearns wanted clarification from Mr. Turner as to whether the Hubbards needed to do anything in this regard. Mr. Zingale said that this issue was not germane to this subdivision.  Mr. Turner agreed that if there was something documented, this would be enough.  He just wanted to be sure so there would be no problems.


Mr. Turner went over the conditions and waivers mentioned at previous meetings.  These included relocating the fence on the map, having the surveyor sign and seal the map, the drainage issue relating to Sections 185-4,185-5, 185-25(Item 15) and 185-35 of the Code Book.  Mr. Turner also mentioned that easements need to be shown on the map as required by the rules of a subdivision but the surveyor had listed as one of his notes that he’s not intending to show all right of ways, easements, agreements or any other restrictions on the map.  Mr. Turner suggested that Mr. Branchaud, the Hubbards’ attorney, write up a document that says that there are none to be shown. Mr. Turner also pointed out that the surveyor shows in his Note #4 that there is an agreement as to the boundary line but the document has not yet been signed by both parties.


The following waivers were listed:


                                  path of the Cook’s spring is unknown.



                                   that it appeared that the contours are now shown on

                                   the map at 5 foot intervals, so this waiver is no longer



Mr. Turner said that the application for the final hearing has to be made out and that they could see Mr. Zingale before he warns the hearing.


Mr. Lloyd wanted to know if there was enough time for everyone to be ready for April 16th.  Mr. Hubbard said yes. Mr. Dumas said he just had to discuss the culvert system with Mr. Martin.  Mr. Martin said that is seemed okay to him.


Mr. Hoenes motioned to accept the needed waivers.  Mr. Lloyd seconded the motion.  All approved. 


Mr. Lloyd motioned to move to the final hearing. Mr. Vajda seconded the motion.  All approved.


Ted Hubbard Sketch Plan for Subdivision


Mr. Hubbard said that Mr. Hathaway, the Road Commissioner, did not like the idea of a common curb cut on Stratton Road for the four lots.  Mr. Turner said that he would like a letter from Mr. Hathaway concerning an alternative entrance.


The four lots will hook up to City water and sewer.


Mr. Turner reviewed the steps needed for a Sketch Plan hearing.  He reminded Mr. Hubbard that all abutters need to be shown on the map including properties across the street.  He also questioned  whether or not there would be any drainage problems for lots three and four.  He suggested showing two separate driveways vs. a shared driveway as this would be more appealing to potential buyers.  He said that a locus map needed to be added to the plot plan.


Mr. Hoenes motioned to approve the sketch plan with the changes mentioned above.  Mr. Lloyd seconded the motion.  All were in approval




Mr. Turner read an article from the 2/19/2009 Rutland Herald concerning zoning in Rutland Town and pointed out an incorrect statement.  It said that projects over ten acres do not need Act 250 approval.


Mr. Ide, the Rail Program Manager, responded to Mr. Zingale concerning possibly attending a Planning Commission meeting on rail crossings in Rutland.  Mr. Zingale will send him a list of upcoming meetings and have him choose one that is convenient.


Mr. Turner read a notice from the Rutland City DRB of an upcoming hearing on a subdivision in Rutland City on the old A & W property on North Main Street.  It will be held on April 1, 2009 in the Board of Alderman’s chambers.


The Department of Conservation sent notice of a proposed hook-up to the City water and sewer by EJR Realty of Shelburne for the Napa Auto Store property on Route 7 South.  They intend to have three tenants in the building.  Mr. Zingale said the Select Board already approved this hook-up.


Mr. Lloyd motioned to end the meeting.  Mr. Stearns seconded the motion.  All were in approval. The meeting ended at 8:45 P.M.





________________________________________                        __________________

           Thomas Turner, Vice Chairman                                                                   Date