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Planning commission confirms Tracts 1 and 4 can be conveyed without further subdivision approval
Summary
Representatives for Orrin Thomas and Sons explained the chain of maps, deeds and permits for a Post Road parcel; the planning commission voted to confirm that the remaining Tract 1 and Tract 4 do not require additional subdivision approval and may be conveyed in their current configuration.
Representatives for Orrin Thomas and Sons told the Town of Rutland Planning Commission that the Post Road parcel known as Tract 1 — now reduced after an earlier conveyance — and the remaining Tract 4 have already received the approvals required for conveyance and do not need further subdivision review.
Jim Goss, representing Orrin Thomas and Sons, summarized the chain of conveyances, permits and surveys dating to the subdivision permit RT-276 and later conveyances. He said, "It's already been subdivided. It's already received the 2 approvals that it needs, and that the Thomases can go ahead and and convey it away to a third party." Goss walked the commission through recorded maps (mylars), an ALTA survey and a 2021 permit RT-311 tied to a conveyance to Belco that removed the northerly portion of original Tract 1.
The presenters said easements reserve access to all lots, the Army Reserve Center parcel (conveyed earlier) has the necessary easements, and an apparent omission on one recent survey left a subdivision line off a draft sheet though the original permit approved that line. Goss urged the commission to interpret the record as showing that the remaining Tract 1 corresponds to the acreage approved in the 2010 filings (as adjusted by the 2021 conveyance) and therefore requires no new subdivision approval.
Planning Commission members asked clarifying questions about the timing of permits, access and whether any parcels would be landlocked. Norman Cohen, Planning Commission member, and other commissioners pressed the presenter to confirm dates; Goss repeated that the revised Tract 2 was created in 2021 and that access across the common road and Route 7 exists for the remaining parcels.
After discussion about mapping discrepancies on town tax maps and whether the surveying record omitted a small subdivision line, a commissioner moved that the commission "approve that Track 1 and Track 4 are independent as drawn and may be conveyed independently of each other without any further approval from the town." The motion was seconded and the commission approved it without recorded opposition.
The commission did note that some town tax maps appear to be inconsistent with recorded mylars and that corrections to the town parcel mapping may be needed.
The presenters left copies of the permit letters, deeds and surveyed mylars with the commission for the town record.
