The Rutland Town Planning Commission unanimously approved corrections to a previously approved subdivision for property between North Grove Street and McKinley Avenue on July 31, 2025, directing the applicants to file a corrected mylar, authorizing a corrected decision letter, and empowering the commission chair to sign the corrected MILR and issue the letter without waiting for another meeting.

The commission's action addresses a clerical and mapping inconsistency in a subdivision decision originally acted on March 7, 2024. At issue was the number and identification of parcels shown in the planning commission's decision letter versus the recorded plat. The commission concluded the subdivision actually consists of three parcels — parcel A (24.9 acres), parcel B (20.5 acres) and a 10.4-acre parcel to be identified as parcel C — and that references to a fourth parcel (parcel D) on the decision letter were erroneous.

Why it matters: The corrected mylar and decision letter are required to clear title and allow deeds to reference the subdivision correctly. The commission also clarified the timeframe for recording the mylar under state law: the applicable statutory window is 180 days, not 90.

Key factual findings and authority cited
Attorney Shane Prodovanski and applicant representatives described the recorded plat and the acreage for the affected lots. Planning staff and the commission noted two procedural points: the mylar (MILR) that the applicants delivered for recording was physically recorded on June 21, 2024, and the applicable statutory recording window for minor subdivisions is 180 days under 24 V.S.A. § 4463 and the town’s subdivision regulations (the commission identified a conflicting shorter deadline in the local ordinance). Commission counsel and members agreed the June 21 recording met the correct 180-day requirement; the commission requested the decision letter be corrected to avoid future ambiguity.

Commission motions and outcomes
The commission made and approved three motions by voice vote: 1) to approve the corrected Wilk–Dutile subdivision mylar showing three parcels (A, B and C) with acreages of 24.9, 20.5 and 10.4, contingent on filing a corrected mylar; 2) to approve a corrected letter of decision issued by the planning commission chair to reflect the previous motion; and 3) to authorize the chair to sign the corrected MILR and issue the decision letter without holding another planning commission meeting. The motions passed unanimously.

The commission also agreed to have the minutes reflect that the original MILR submission was timely under the 180-day standard.

Practical effect and next steps
- Applicants must submit a corrected mylar that labels parcel C (10.4 acres) as part of the recorded plat so that the recorded document matches the commission's approval. (Formal action required by applicants)
- The chair of the planning commission was authorized to sign the corrected mylar and issue the corrected decision letter upon submission, so applicants need not wait for another planning commission meeting to effect recording. (Administrative direction)
- Staff will incorporate a clarification in the minutes and the corrected decision letter that the original MILR filing/recording met the 180-day requirement under 24 V.S.A. § 4463. (Record clarification)

Quotes on the record
"If we're going to reference a parcel C that is otherwise not indicated, that should be shown on the mylar so that we can actually reference visually what the three are," Commissioner Norman said during deliberations.
"This is a corrected permit. This isn't a substantive change... It's just clarifying language," Barbara (planning commission member) said when discussing the effect of the correction.

Background and context
Commissioners discussed the original decision timeline and agreed the discrepancy appears to be a drafting or labeling error, not a substantive change to the approved subdivision. Applicants and title professionals raised concerns about delaying title work; commissioners balanced those concerns against the long-term need for unambiguous public records.

Ending
The applicants and their surveyor were instructed to submit a corrected mylar; the chair was empowered to execute the corrected mylar and issue the corrected decision letter upon submission. The planning commission recorded on the meeting record that the original MILR filing was timely under state statute.