MARCH 5, 2009





The meeting opened at 7:00 P.M.


Commission members present:   Howard Burgess, Anthony Flory, Richard Lloyd, William Matteson, Jerry Stearns, Tom Turner and Charles Vajda.


Review of the 2/19/2009 Minutes


Mr. Burgess noted an error in his name.  Mr. Turner added a reference to Section 185-25 of the Code Book on subdivisions in the section pertaining to the Hubbards’ subdivision.  Mr. Turner motioned to accept the minutes with these changes and Mr. Flory seconded the motion.  All were in approval.


Gerdon Subdivision


Tom Gerdon was present to discuss his planned subdivision on North Grove Street.  He was asking for a waiver to only survey the portion to be subdivided rather than his whole property.  Mr. Flory motioned to grant this waiver and Mr. Burgess seconded the motion.  All were in approval.


The Rutland Town Plan




Mr. Burgess suggested that VELCO be added to CVPS as providers of electricity.  Mr. Turner said that there are more than one substations and only one is mentioned in the write-up.  Mr. Lloyd motioned to accept the Energy section with these changes. Mr. Burgess seconded the motion.  All were in approval.


Economic Development


Under the zoning paragraph, Mr. Turner suggested adding that if zoning was passed in the Town, than all development up to ten acres would not have to fall under Act 250 approval only the Town’s approval. Mr. Matteson added that any development under Act 250 prior to zoning being passed would still be under Act 250 jurisdiction. 


Under objectives in this section, Mr. Lloyd suggested changing the word ensure to support in relation to agricultural viability.


Mr. Lloyd motioned to accept this section with the above changes and Mr. Stearns seconded the motion.  All were in approval.



Mr. Turner had done some research on the internet on this section and he passed out some information to the other members and Ms. Kelly.  He noted that the”housing wage” listed in Ms. Kelly’s write-up differed from another publication he read.  He suggested comparing Rutland Town’s price of housing to the State of Vermont vs. Rutland County as this is a more favorable comparison.  He also noted that the housing wage did not appear up to date and should be replaced with Table C. 


Under subsidized housing, Mr. Burgess suggested adding “people in need of assistance” vs. just “the elderly and residents with disabilities”.


Future Sections


Ms. Kelly said there is a section that lumps multiple items together and she suggested breaking this section out into the following four categories:  Education, Recreation, Public Services and Facilities and Telecommunications.  She will send write-ups on these, the Housing portion and the Natural and Cultural Resources section in the mail to the Commission members before the next meeting on March 19th.  Mr. Turner will chair the meeting in the absence of Mr. Matteson who has prior commitments.


Hubbard Status Hearing


Tracy and Nancy Hubbard were present to discuss their proposed subdivision.  Mr. Matteson recused himself as chair and Mr. Turner ran this portion of the meeting.


The Hubbards presented a new map.  Matt Branchaud, attorney for the Hubbards, said that they had gone through all the regulations of a subdivision and added a legend as requested.  He said that they were requesting the following waivers or partial waivers under Section 185-25 of the Town of Rutland Code Book regarding subdivisions:


            #14 and #19 regarding the water line.  He said that

            the water line of Cook’s spring is unknown


            #18 – They would only like to show the tree line vs. every tree


            #20 – Contours


Mr. Turner said that the Commission needed time to review this new map.  He also noted that on Lot 2A on the southeast corner, the dotted line is not in the legend.  Mr. Branchaud said this is the line that is in dispute.  Mr. Turner asked if there were any maps on file that showed this dotted line and Mr. Branchaud said he had not researched this.  Mr. Matteson asked if the lot line adjustment mentioned in previous meetings was still needed if Ed Dumas Jr. agreed to this line. He said that the recording of the map the Dumases brought forth was contingent on this agreement.







Mr. Burgess noted that both parties have the same surveyor and the surveyor has corrected the map, but the deed does not agree with the map, and that is why a boundary line adjustment is needed.


Mr. Branchaud said that he would like to clear up the language in the deed and that is why he requested a boundary line agreement.  Mr. Branchaud said he would draw up a boundary line agreement within the next ten days.


Ed Dumas Jr. said that he isn’t sure if the lawyer he contacted is going to represent him, but he is willing to look at an agreement regardless.


Mr. Flory asked Ed Dumas Sr. what he would like.  Mr. Dumas said that he would like to have the deer fence taken down and to keep the deer and the run-off water off his spring which is twelve feet deep.  He has enclosed his spring and notified the Health Officer.  He passed out pictures of a culverts being blocked by Mr. Hubbard causing water to run down the common right of way and onto Ed Dumas Sr.’s property, washing out the road.  The right of way belongs to Beechwood Farms.


Mr. Hubbard said that he had blocked the culverts to install new ones that would avoid the springs.  He said the deer are not fed there any more.  Mr. Dumas Jr. said that the culvert is not large enough and that his parents would be willing to install a larger one at their expense.  Mr. Hubbard agreed to this suggestion.


Mr. Lloyd said that he would like to see a time line to move this subdivision along.  He suggested that all parties meet together and iron out any issues.  Mr. Branchaud said that this was a good idea and that all parties and their attorneys would set up a time to do this.


Mr. Branchaud said that they have contacted an engineer but that tonight’s meeting was just to verify that nothing else is needed on the map.  Mr. Matteson said that the proposed new culverts should show on the map and that the fences that show on Ms. Cook’s property should be moved as they are not on her property.  He also added that the surveyor needs to sign and stamp the final map.  Since the signing and dating of the map is a requirement for the preliminary hearing, Mr. Branchaud requested a waiver on this since it is not a matter of health or public safety.  Mr. Lloyd made a motion to grant this waiver but keep it as a requirement for the final hearing.  Mr. Burgess seconded the motion.  All were in favor.


Mr. Turner noted that within twenty-one days of the preliminary plat being presented, the Planning Commission must act or it is deemed approved.  He also cautioned that they must make sure all requirements are covered since this was the problem that the Environmental Court took issue with last time.











Mr. Lloyd motioned to accept the map with the following conditions/waivers:


The fence showing on Ms. Cook’s property must be moved to its actual location.


The culvert size should be changed as suggested by an engineer.


The surveyor must stamp and sign the map


The Commission will allow waivers for the trees, contours and water line.


Mr. Vajda seconded the motion.  All approved except Mr. Matteson who abstained.


A site visit is planned for March16, 2009 at 4:00 P.M.  Mr. Matteson and Mr. Hoenes cannot attend this site visit and plan to make one at another time.


Theodore Hubbard Sketch Plan Hearing


Ted Hubbard wants to subdivide a parcel on Stratton Road.  There are four proposed lots with the fifth being his.   There will be hook-up to the City water and sewer lines.


Two curb cuts are required for two driveways to enter the four lots.


Mr. Turner said that the abutters need to be shown on the map including those across the street.


Mr. Matteson said that the surveyor should show the existing road on the map.


Mr. Zingale said that a Highway Access Permit is required.  Mr. Lloyd suggested that the Highway Commissioner, Byron Hathaway, join the Commission on the site visit.


Mr. Zingale said that the Hubbards would have to apply to the Select Board and then to the City of Rutland for a waste water allocation.


Mr. Lloyd motioned to approve the preliminary sketch plan with the following conditions:


            Show the Curb cuts for lots 1-4 be along with those for 26 and 27


            Include the abutters’ properties with their names, waving the need to show

            houses on the properties across the street.


Mr. Stearns seconded the motion.  All approved.









Mr. Matteson talked to the Commission about the proposed change to the traffic movement along Cop John Drive.


Mr. Zingale said that the next discussion on zoning will take place at the next Select Board meeting on March 17th.  He said the hearing does not need to be warned since the first one was warned.


Mr. Matteson said that when all members of the Commission are present, they will have their organizational meeting for reappointments.  Mr. Flory and Mr. Vajda are up for reappointment since they only finished out the terms for Mr. Celentano and Mr. Belock.


Mr. Flory motioned to end the meeting.


Mr. Lloyd seconded the motion.


All approved. The meeting ended at 9:35 P.M.






_____________________________________________             __________________


              William Matteson,  Chairman                                                              Date