TOWN OF RUTLAND
CONSERVATION COMMISSION
MINUTES: JUNE 3, 2014
MEETING OPENED: 7:00 PM
Attendance
Board Members Present: Joe Dell’Aquila, Chairman; Scott Landgren; Shawn Moore; Willard Cannon; Eric Bigelow; Nancy Nichols
Guests
Daniel Leahy; Mark Elbag, Jr.; Rebecca Budaj, DCR; Chris and Marcia Warrington; Julian Votruba; Mark O’Clair
Application Submissions
NONE
Votes
Minutes from May 20, 2014 – Motion to approve minutes made by Shawn, seconded by Scott; vote unanimous at 7:04 PM.
Motion to sign Order of Conditions for Bear Hill Estates, Lot 25, 18 Grizzly Drive – Motion to sign made by Scott, seconded by Willard; vote unanimous at 7:13 PM.
Motion to sign Order of Conditions for Bear Hill Estates, Lot 24, 16 Grizzly Drive – Motion to sign made by Scott, seconded by Willard; vote unanimous at 7:13 PM.
Motion to sign Certificate of Compliance for Central Tree Estates – Motion to sign made by Shawn, seconded by Eric; vote unanimous at 7:15 PM.
Motion to sign Order of Conditions for Elbag Brothers, Inc., Lot 1, 271 Glenwood Road – Motion to sign made by Scott, seconded by Willard; vote unanimous at 7:16 PM.
Motion to sign Order of Conditions for Elbag Brothers, Inc., Lot 27, 142 Glenwood Road – Motion to sign made by Willard, seconded by Eric; vote unanimous at 7:19 PM.
CAPA Earth Removal Extension Permit – Motion to sign and extend the Earth Removal Permit made by Scott, seconded by Eric; vote unanimous at 8:07 PM. They are still taking fill off of the left side.
Motion to close meeting – Motion made by Shawn, seconded by Scott; vote unanimous at 8:17 PM.
Hearings
Brice-Lemon Estates
Hearing continued from April 15, 2014. Hearing opened at 7:21 PM. Joe advised the wetland delineation has not been completed by the consultant yet, so the hearing will have to be continued. Joe explained that at first Mr. Blair did not want to redo the delineation, so he called DEP to see if he had to redo it, at which time he was told by Marty Jablonski that he did have to do it. Julian was present on behalf of the applicant, and said that there were very minor changes and the walk was finished today. Joe said that we will be continuing the hearing to June 17th at 7:15 PM to give the consultant time to prepare the delineation. Marsha asked if that meant there would be no discussion and Joe explained that because the report from Quinn Engineering is not done the Board has
nothing to discuss at this point.
Joe told Marsha that he was sorry she didn’t receive his voicemail from this morning about the hearing being continued. She said she didn’t receive a voicemail and he should have emailed her. She asked if she could request a continuance if she was not available on June 17th. Joe explained that only the applicant and the Board could request a continuance. Marsha asked what was the latest the applicant can continue the hearing prior to the meeting and Joe said that generally a 24 hour notice is acceptable; she then asked how she would be notified if the hearing will be continued prior to the meeting, and Joe said he could call her. Julian formally requested on behalf of the applicant that the hearing be continued to June 17th at 7:15 PM so that Quinn Engineering
could finish their report for the Board. Motion to continue made by Willard, seconded by Eric; vote unanimous at 7:28 PM. Eric found his original notebook from the site walk, which was in 2007.
Discussions
Mark O’Clair, Forest Hill Drive
There are ten homes that are in question on Forest Hill Drive about spewing sewage into the wetlands. There has been breakout already and it is getting into the swamp and you can smell it in the air. Joe asked Rebecca if she could ask what the best course of action and asked if we can get an email about it and if there is a way to get emergency funding to help the residents out. Rebecca said she will ask her supervisor and asked if the Board of Health has records about this. Joe is unsure. He stated the Board of Health called him last week and he went and looked at the area; he states that there is an odor in the air as well. The Board of Health may be looking into having the homeowner’s tie-in to the septic, but some of the homeowner’s do not want to. Joe also said that the Board
of Health is supposed to be drafting a letter of recommendation to both us and the Board of Selectmen.
Bear Hill Estates
Rebecca just wanted to give an update on this. The judgment from the court reduced the fine depending on a few things that they needed to complete. Some of the things have been completed, but not all. There is sediment in Moulton Pond that they have to clean out. They still have 6 rows of silt fencing in the wetlands. She just wanted to let us know that there is still work to be done.
Route 122
MassDOT called Joe and advised they will be paving from the Oakham line to the Paxton line.
“No-touch” Zones
Rebecca asked if there was a 50’ no-touch zone like Hubbardston has. Joe said that it was 15’ but we took a vote to make it 25’, however there is no bylaw.
Calling
Scott wanted to say that he doesn’t feel that we should be selectively calling certain residents about hearings, etc. We put the agenda’s on the website which tells people what we are going to be doing. We are not responsible for making sure that people are at hearings, that is their job. Joe said that while he agrees, he wants to try to be accommodating to people, and that certain people require extra notifications, even if they are not abutters to specific projects.
Forest Cutting on River Road
Eric asked if Scott went down to River Road and he said both he and Joe went and looked at the site. The water is pooling because there was a steep ledge, but there is nothing to worry about.
Reviewed Mail.
Respectfully Submitted,
Karen Wamback
Secretary
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